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FLD2007-04012
roc 07 ,ems , 0 Clearwater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-5624567 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 into sets ❑ SUBMIT APPLICATION FEE $ CASE #: RECEIVED BY (staff initials): DATE RECEIVED: NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION Comprehensive Infill Redevelopment Project (Revised 10/25/2006) —PLEASE TYPE OR PRINT— A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: MAILING ADDRESS: PHONE NUMBER: CELL NUMBER: PROPERTY OWNER(S): Ust ALL owners on the deed AGENT NAME: /j ,F -4 - MAILIN h IG ADDRESS: Z_ PHONE NUMBER: FAX NUMBER; t CELL NUMBER! E-MAIL ADDRESS:,11 - -6� -.1 - - 1� Am hrurl 5�', -"Ii���Y--,Zj/:",;�-i'�—,�ZZ.1—I.",!fC'I B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) PROJECT NAME: PROJECT VALUATION: STREET ADDRESS PARCEL NUMBER(S): PARCEL SIZE (acres): PARCEL SIZE (square feet): LEGAL DESCRIPTION: 'PROPOSED USE(S): DESCRIPTION OF REQUEST: REMM Specifically identify the request (include number of units or square MAY" 111-129 footage of non-residential use * and all equested code deviations; e.9 ,eduction 'n required number of parking spaces, specific use', etc.) Page 1 of 8 1fJ a 6 DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNII DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES— NO 1.=ff(if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4- 202.A.5) Cal SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page ?) 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. r t 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 of persons residing or working in the neighborhood of the proposed use. 4. The proposed development is designed to minlmize 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. ��1�GL____- ,�L_L��!t1C:.�� _�L:c:..✓_..�= �yc'`�_..._- .__._._._.__�� - ..___. -__— � ._._- ......,,- __.___..,...... - {.{yy�y�p� MAY 1 J 2 PLANNING DEPARTMENT CITY OF CLEARWATER Page 2 of 8 0 0 WRITTEN SUBMITTAL REQUIREMENTS: (Comprehensive Infill .Redevelopment Project Criteria) ❑ Provide complete responses to the six (6) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA – Explain how each criteria is. achieved, in detail` 1. The development or redevelopment is otherwise impractical without deviations from the use and /or development standards set forth in this zoning district. 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district .......... _ ----- ---_-------._._..._.___ ._.__--- ._._.._...___.._______. __._._____....___—___._-.----..__.._......_____._....._--.---.._._.____.._._.._ .____.._._.._....._.____- - -- -_- ........... � - s k?, 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. _...__.,... . ...... _ ----- _._.__.._..._._......... ._.____. _ _ _ 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following j objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; il d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and /or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off - street parking are justified based on demonstrated compliance with all of the following design objectives: a. . The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. in order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ❑ Changes in horizontal building planes; ❑ Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ❑ Variety in materials, colors and textures; ❑ Distinctive fenestration patterns; ❑ Building stepbacks; and ONG1ML ❑ Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances MCAhgs. w 6s1lA ve v��. � ^•• Page 3 of 8 0 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; Cl 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 Stormwater plan is not required and explanation narrativ is at,�ached. At a. minimum, a grading plan and finished floor elevations shall be provided. .s&/ 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; V' 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; `U'- LOCATION MAP OF THE PROPERTY; � A-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; :._Cd GRADING PLAN, as applicable; p )),- 1"PRELIMINARY PLAT, as required (Note: Building permits will not be Issued until evidence of recording a final plat is provided); COPY OF RECORDED PLAT, as applicable; Page 4 of 8 RECEND MAY 112007 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; r _ Footprint and size of all PROPOSED buildings and structures; All required setbacks; All existing and proposed points of access; _ All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, Including _ description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; _ Location of all street rights -of -way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas _ and water lines; All parking spaces, driveways, loading areas and vehicular use areas; _ Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening (per Section 3- 201(D)(i) and Index #701); Location of all landscape material; _ Location of all onsite and offsite storm -water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. �tY SITE DATA TABLE for existing, required, and proposed development, in written /tabular form: EXISTING REQUIRED PROPOSED Land area in square feet and acres; - ^ Number of EXISTING dwelling units; Number of PROPOSED dwelling units; — _---- -._ —.- Gross floor area devoted to each use; �i __ _,— ____.-------- Parking spaces: total number, presented in tabular form with the l- number of required spaces; I, �^ Total paved area, including all paved parking spaces &driveways, expressed in square feet & percentage of the paved vehicular area; Official records book and page numbers of all existing utility - easement; Building and structure heights; Impermeable surface ratio (I.S.R.); and __.__._....__.....__...___..._. Floor area ratio (F.A.R.) for all nonresidential uses. REDUCED COLOR SITE PLAN to scale (8 %2 X 11); Q FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One -foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stormwater management for the parcel; _ All open space areas; Location of all earth or water retaining walls and earth berms; O![1147a1AY& Lot lines and building lines (dimensioned); RECEsir D _ Streets and drives (dimensioned); R� i ? Building and structural setbacks (dimensioned); 6 °fa4Y 1 boo" ___ Structural overhangs; PLANNING DEPARTMENT Cily OF CLEAR Page 5 of 8 0 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4- 1102.A) 0 LANDSCAPE PLAN with the following information (not to exceed 24" x 36 "): All existing and proposed structures; �` ames of abutting streets; D ainage and retention areas Including swales, side slopes and bottom elevations; D lineation and dimensions of all required perimeter landscape buffers; S' ht visibility triangles; _ elineation and dimensions of all parking areas including landscaping islands and curbing; xisting 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; 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; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mikes, backfilling, mulching and protective measures; Interior landscaping areas hatched and /or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. 1 ail &REDUCED COLOR LANDSCAPE PLAN to scale (81/ 11); 'rCOMPREHENSIVE 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; All sides of all buildings; Dimensioned; Colors (provide one full sized set of colored elevations); Materials; ` I Sight visibility triangles; IA 1 `4-REDUCED BUILDING ELEVATIONS — same as above to scale on 8 Y2 X 11. J. 0 e ` /:. a' SIGNAGE: (Division 19. SIGNS / Section 3 -1806) �.. V '11'47 ✓ . 7 - - 7' 1 �t�0�-. All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs -shall include the street address (numerals) Comprehensive Sign Program application, as applicable (separate application and fee required). ORIGIML Reduced signage proposal (8' /z X 11) (color), if submitting Comprehensive Sign Program application. RECN Page 6 of 8 PLANNING DEPARTMENT CITY OF CLEARWATER. 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. 0 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 y( roadway legs and each turning movement at all intersections identified in the Scoping Meeting. r 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: Provide 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. v Acknowledgement of fire flour calculations /water study requirements (Applicant must initial one of the following): ` Fire Flow Calculations/Water Study is included. p ! 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. t. M. SIGNATU E: ', the un er gned, acknowledge that all representations made In this pii tion are true and accurate to the best of my knowl dge nd authorize City representatives to visit and phot gra the property described in this application. i' Signature of property owner or representative STATE OF FLORIDA, COUNTY OF PINE4AS Svc rn to an subscribed before me this day of A.D. 20�? to me and /or by ' eJ ,,who is personally known I M produced _ ; U /;-'I as identification. S` My commission expires: DERA DOREE R MY COMMISSION # DD 570718 Page 7 of 8 ur 1`0� EXPIRES: October 14, 2010 i mm-NOTARY FL WWY 018count Aeaoo. Co. 03/20/2007 15:59 7274468036. NORTHSIDE ENG SVCS PAGE 02/03 H. AFFIDAVIT T3 AUTHORIZE AGENT: 1. Prnv)de names of all prr3 � �flQPti s% 6rs o - PR) NT f�ii tis+ »its: 2. That (I amture.are) the owneRs) and word tire holder(s) of the following deaciibed property (address or general location); 3. That this pmperty canstivit es fm property for which it request for 8: (describe renuest) 4. thv the und0o3tg-03 if- W1,4vt) app0ntod SRC appoint: Ps ! 1WIbsir) agaed(s) to oxecute any patiiions ar othor down'r-F t: necassmy 1* burr strh poth;on: S. That this affidavit has been executed to Induce The City of Clearwater. f lorlda to rnnalder and act on fne above deacribed property; 6. That axe visits to the property ant necessary by City representatives in otder to process this appticatlon and the owner authorizes City reprasentetives to visit and photograph the property described to tots apptlrAtran; `r, that (1AVO),.Me u1109reigoad authority. herebb eattify that the foregoing is tnse and cnm9ct Property Owner . . ------- ._ - - - -- PraP9rtY aMrsr Pmperty Owner Propedy Owner STATE OF FLORIDA, COUNTY OF PINELLAS ' 'am rm the undoralgrbd. in b t or duly co slaved b o am-of the 918 a( r>d on,t 2 1 day of ck�Q. % „� personalty appeared _ (._(.,,1.J who having boon first duly sworn Doposes and sikyt that helshe fully understands the contents of the affidavit fuel helshe _toned, i iJclnryisu6 Sipnntut 14Y corniaaforn FXPtras: 1 c, m Pape a of it ORIGINAL RECEIVE MAY 112007 PLANNING DEPARTMENT C17Y OF CLEARWATER 03/20/21007 15:59 72744680 NORTHSIDE ENG SVCS j* PAGE 03/03 ILIE. EER AL-1TH0.941ZAT1C -3N This letter will serve as authorization for Housh Ghove�Ie (agent Name) with AO 1dO lei" SOM to act as an aggent for Fulvio and Maddelina DiVello (Property Owner's Name) And to execute any and all documents related to securing permits and approvals for the construction can the property generally located at 445 Heren rZr Clearwater: Florida 37$' (Property Location) PINE LLAS County, State of FLORIDA. Signiifure- of flrop6rty Owner Address of ProDerhj .owner C..1bylSta'Me7ip Code �� - A, 4l�J -L e; Print Name of Property Owner I;2ezd" V sly TAle Z� - o" lam �� `;" Tpephone Number The €oregaing inst -mment was ackn cokdge before me lids ff day n couniy� 2D i , as n)- who is personally known to me or who has produced PQ DOREEN A. WILLIAMS MY COMMISSION # DD 576718 EXPIRES: October 14, 2010 FRY FL NoMry Discount Assoc. Co. ( -SEAL ABOVE) as identification and who did (did not) take an oath. Commission # Notary Public (Na1-ne fs Notaty Typed, Printed or utamp=l) OR1G1M RECEM ft "AY 112007 PLANNING DEPARTMENT CITY OF CLEARWATER i e 0 0 Comprehensive Infill Redevelopment Project Fulvio and Maddalena DiVello 445 Hamden Drive Clearwater, Florida SeaStone Resort & Hotel DESCRIPTION OF REQUEST: Termination of Status of Nonconformity for density (existing 62 -unit hotel to remain on the southern lot, where 44 units /rooms are permitted today), under the provisions of Section 6 -109• Flexible Development approval to permit a mixed use development j of 31 attached dwelling units on Parcel A and a 62 -unit hotel on Parcel B, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- t 803.C, and to reduce the required foundation landscaping from 5 feet to zero feet u along the south and west elevations of the existing building; and to allow a reduction to the required number of landscape islands within the parking lot (3 islands required - none proposed) as a Comprehensive Landscape Program under the provisions of Section 3- 1202.G; and Flexible Development approval to permit a multi -use dock in conjunction with the attached dwellings at 445 Hamden Drive for eight of the existing slips and a commercial dock in conjunction with existing hotel at 504 South Gulfview Blvd. for two of the existing slips (10 total existing slips), under the provisions of Section 3- 601.C.3. Overnight Accommodations: Reduction to the following setbacks (all to pavement): Front — Hamden (W) 15' to 0' Front — Gulfview (S) 15' to 8.5' Side — (N) 10' to 0' Side — (E) 10' to 2.5' Height 50' to 67' Attached Dwellings Setbacks (previously approved): Front — Hamden (W) 15' to 5.9' Side — (S) 10' to 0' Side — (N) 10' to 3' Rear — (E) 20' to 6.9' Height 50' to 67' ORIGINAL RECEPAD MAY 112007 PLANNING DEPARTMENT GIN Of CLEARWATER Page 1 of 5 BACKGROUND Two development orders have been issued to this site: Case FLD2004 -04023 for the Termination of the Status of a Nonconformity for density within the Tourist District to permit the relocation of five overnight accommodation units from the southern building to the northern building, removing the restaurant and office on the second floor of the northern building to allow for the relocation of the units from south to north. Additionally, approval to convert five of the overnight accommodation units contained in the southern building to accessory storage and hotel offices. t Case FLD2005 -05051 for the Termination of the Status of Nonconformity for density (converting 111 overnight accommodations units to 83 attached dwelling units where 53 attached dwelling units were permitted) and Flexible Development approval to permit 31 attached dwellings in the northern building and 52 attached dwellings in the southern building. The mixed -use development as is, containing 31 attached dwelling units and 62 transient units will continue to share the swimming pool as stated in the attached HOA documents. Two separate dumpster locations will be provided and stormwater retention will continue to be shared. The docks consist of 10 boat slips; the owner will retain 2 docks for hotel guest usage and the remaining 8 slips will be sold first come, first serve to the attached dwelling unit owners. On February 22, 2007, a Declaration of Restrictions was filed with the Courts to allow the developer to submit to the CDB for approval for the existing 62 unit hotel to remain as is, in addition to the 31 attached dwelling units. Upon approval by the CDB the site will continue to consist of 31 attached dwelling units within the northern building and 62 transient units within the southern building. Should the Community Development Board deny this mixed -use application, the development rights will remain as stated in Case FLD2005 -05051 which provides 31 attached dwellings in the northern building and 52 attached dwelling units within the southern building resulting in a loss of 62 highly desired overnight accommodation units. WRITTEN SUBMITTAL REQUIREMENTS (Section 3 -913) 1. The attached dwelling unit building and the transient building are at 67' in height; the allowable height ranges from 35' -100' within the Flexible Development Code. The proposed mixed -use development will be in harmony with the scale, bulk, coverage, density and character of adjacent properties. The following provides information relating to the some of the adjacent properties: a. Shephard's Beach Resort — Mixed -use containing a restaurant, night club, outdoor bar and 94 Overnight Accommodations, +/- 75' height ORIGIML RECEWEO I Page 2 of 5 4AY 11 2001 PLANNING DEPARTMENT CITY OF CLEARWATER 0 0 b. Harborview Grande - 55 Attached Dwellings, 94' in height c. Bay Harbor - 19 Attached Dwellings, 45' height d. Entrada — Mixed -use containing a restaurant, office, 189 Overnight Accommodations and 77 attached dwellings with the attached dwellings approved for a height of 128 feet (not yet completed). 2. The proposed mixed -use development will have no negative impact on adjacent land and buildings; the development will not discourage the appropriate development nor impair adjacent land values. The surrounding properties as noted above recently completed construction of their projects and as per the Property Appraisers records the properties have increased in value substantially. 3. The use of the site since 1983 has been a transient use. In 2005 49 of the 111 transient units were converted to 31 attached dwelling units. Under this request the actual physical use of the site will not change and therefore no adverse affects in regards to health or safety of persons working or residing in the neighborhood are anticipated. 4. In regards to traffic congestion, the site will remain unchanged other than landscaping improvements and re- striping of the parking lot, therefore the development will not create additional traffic congestion. The two existing curb cuts along Hamden as well as the one along Gulfview Blvd will remain in place. 5. This mixed -use development is consistent with the community character as the uses in the Tourist District on the south side of Clearwater Beach consist of attached dwelling, transient, retail and restaurants which are similar to this project or more intense. Many transient uses have been razed and redeveloped into attached dwelling units. The ability to retain the transient use on this parcel will allow the City of Clearwater to maintain highly desired transient units on the beach. 6. The mixed -use development consisting of overnight accommodations and attached dwellings is and will continue to be compatible with other various surrounding uses in the vicinity. WRITTEN SUBMITTAL REQUIREMENTS (Comprehensive In -Fill) 1. The main request associated with this submittal is to allow a mixed -use project in the Tourist Zoning District. There is nothing impractical with this concept. The City has lost so many transient units over the years to redevelopment of attached dwelling units, the developer, although approved for attached dwelling units for this parcel has seen the drop in the residential sales due to the flooding of the market with residential units. With this, ORIGIML RECEIVE Page 3 of 5 MAY 11 2007. pIANNING DEPARTMENT CITY OF CLFARWATFR • • retaining the transient units on this parcel will be a plus for the City. It will be nice for tourist to know they still have a place to stay on Clearwater Beach. 2. The goals and policies of the City of Clearwater's Comprehensive Plan are being upheld. The City is trying to renew beach tourism and this application will provide an overnight accommodation use on the beach where so many have been razed. Also, one of the City's objectives is to support mixed land use development. 3. Since the site is remaining as is with some upgrades, the normal and orderly development and improvement of surround properties should not be impeded. 4. Adjoining properties will not suffer any detriment as a result of this mixed -use being allowed. Shepard's, the SeaStone Resort and the existing overnight accommodation use to the south of our site have been neighbors since inception and have existed very well together on Clearwater Beach. The developed attached dwelling units will not have any negative affects on the surrounding uses and the owners of the attached dwelling units may even be glad when their family members come to visit they have a place to stay which is close and convenient. 5. The proposed use is permitted and compatible with adjacent land uses. a. Both attached dwelling units and transient units are a permitted use within the Tourist District Zoning District. Under Flexible Development, Comprehensive In -fill, mixed -use projects are an allowable use. b. With the loss of so many transient units on Clearwater Beach, allowing the SeaStone Resort to remain is a great economic contributor to the City of Clearwater. Approval of this development will provide tourists a place to stay on the Beach in lieu of going to other city destination points where the transient units are in abundance with direct beach access. Transient accommodations also contribute highly to the community financially through bed taxes. c. N/A d. N/A e. The proposed use is characterized by other similar developments. The Entrada project has been approved as a mixed -use project containing overnight accommodations,. a restaurant, and an office also with attached dwellings. Sheppard's is also a mixed use project providing overnight accommodations, a night club and restaurant uses. There is an existing overnight accommodation use located at 521. South Gulview Boulvelard and Sheppard's across the street. ORIGINAL RECEIVED Page 4 of 5 MAY 112007 PLANNING DEPARTMEM CITY OF CLEARWATER 0 0 6. Flexibility with regards to use will be justified below: a. The availability to allow this mixed -use project will not impede any development or improvements of the surround properties. The surrounding projects are either completed with construction or waiting for the market to pick back up before building. Our project is similar in use to all surrounding parcels. b. There is no redevelopment of the site being requested. The hotel will remain as is. The attached dwellings have been designed to meeting the City of Clearwater design guidelines as proven by the issuance of a Development Order. c. The design, scale and intensity of the proposed development support the established or emerging character of the area. Since this is already an established development is it already in character and will remain in character with other developments approved by the Board and other surrounding parcels which have already been built. Overnight accommodation buildings and attached dwelling units are located to the southeast and west of our parcel. d. Due to the fact that this application is to request this mixed -use to be allowed, none of the design elements apply. The site is not being redeveloped. e.. The designation of separating the buildings at Lot 8 has given the allowable setbacks for the attached dwelling units. The distance between the two buildings is adequate and separated by a walkway and retention. ORIGINAL,. RECE MAY 112007 Page 5 of 5 PLANNING DEPARTMENT CITY OF CLEARWATER y I' :.n ,U: i'7i Clearwater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727 - 562 -48865 ❑ 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 ITH A COMPLETE LEVEL ON E OR LEVEL TWO 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: Fulvio & Maddalena DiVello MAILINGADDRESS: 445 Hamden Dr, Clearwater, FL 33767 PHONE NUMBER: (727) 804 -6116 CELLNUMBER: (727) 461 -1680 PROPERTY OW NER(S): List ALL owners on the deed AGENT N AME: MAILING ADDRESS: PHONE NUMBER: CELLNUMBER: 1. ARCHITECTURAL THEME: Fulvio DiVello Maddalena DiVello Northside Engineering Services, Inc. 601 Cleveland St, #930, Clearwater, FL 33755 (727) 443 -2869 FAX NUMBER: (727) 446 -8036 (727) 709 -0943 E- MAILADDRESS: Renee@northsideengineering.com a. The landscaping in a Comprehensive Landscape Program shall be designed as a part of the architectural theme of the principal buildings proposed ordeeeloped onthe parcel proposed for the development. N/A 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 stan dards. O IGIN& See attached. p b °rrt �.� ,_ .IO2 PAA1A 1AT_ r_0. _ C:0ocuments and Settingslderek. fergusonV) esktopOewplanningfrleslComprehens ive Landscape Program 2006.doc Page 1 of 2 c ?' 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. See attached. 3. COMMUNITY CHARACTER: The landscape treatment proposed in the Comprehensive Landscape Program wi I I enhance the c ommu nity c haract er of the Cit y of Clearwater. See attached. 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 proposed for development. See attached. 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 proposed for development is located. OR,GI��Qa See attached. �Y�1� -� -� -�- 49!1.9 -•— --- PLANNINGDEPARTMENT CITY OF CLEARWATER 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, RENDERINGS AND PERSPECTIVES MAYBE NECESSARY TO SUPPLEMENT THE INFORMATION PROVIDED ON THIS WORKSHEET. SIGNATURE: I, the ersigned, acknowledge that all representations made in STATE OF FLORIDA, COUNTY OF PINEL S this ,p 'lication are true and accurate to the best of my Sw rn d bscribed before me this _ day of kno -ge and authorize City representatives to visit and A.D.20_ to me and /or by ph raph the property described in this applications "o i on as propertyowner or representati ve N r o mi sio a 11 1/ q(f "y JEFFREYIZZ0 PUBS Notary Pubfic - State of Florida •MY COmmission Expires Nov 14, 20Q mission # DD 450540 C:IDocumentsand Settingslderek. fergusonlD esktopinewplanningfileslComprehensive Lan c3 �arn.20 . National NOhdry Assn. tion Page 2 of 2 vY a�`1 0 9 COMPREHENSIVE LANDSCAPE PROGRAM NARRATIVE ORIGINAL RMEIlU-) 445 Hamden Drive - Seastone Resort FLS2007 -04012 [ IAY 112007 PLANNING DEPARTMENT NES Project # 529/2007 CITY OF CLEARWATER Request: To allow a reduction in the required building foundation landscaping from 5' to zero along the west and south elevations of the existing building; to allow a reduction to the required number of landscape islands within the parking lot (three islands required — none proposed) Discussion: A landscape island is required every ten spaces within parking lots, flexibility is permitted up to fifteen spaces; two of the existing parking rows contain eleven parking spaces which technically would trigger an island before the eleventh space. The parking row along the eastern property line contains nineteen parking spaces requiring one landscape island. The site as a whole contains one parking space more than code requires. As a whole parking on the beach is at a deficit and a premium, therefore it seems more prudent at this time to request a variance to the landscape islands rather than creating a deficit of parking or to reduce the parking on site. To accomplish the installation of the three landscape islands within the existing parking lot the removal of three existing parking spaces would be required. We believe a reduction in the number of landscape islands is better for the community then a reduction to parking. 1. Architectural Theme: a. N/A b. The proposed site upgrade consists of over 400 new plantings, providing three tiers of landscaping along Gulfview Boulevard and offers additional enhancement along Hamden Drive. The proposed upgrade will further enhance the new Beach Walk design program proposed along the right -of- way, creating an improved and attractive appearance for this intersection. 2. Lighting: The existing down lighting will remain and does not spread onto adjacent neighboring sites. 3. Community Character: The proposed varieties of plants associated with this upgrade provide landscaping that is tolerant to the Florida environment and as such are native and consistent with the beach area and Beach by Design program. 4. Property Values: . Through visual enhancement the proposed landscape upgrades will provide increased value to immediate vicinity. • kf 0 5. Special Area of Scenic Corridor Plan: The proposed landscape upgrade includes three tiers of plantings along Gulfview Boulevard and Hamden Drive; the plant selections are drought and salt tolerant for increased success in the adverse coastal conditions. The proposed landscape upgrade requires working around existing conditions and although the proposal may not meet the letter of requirements, the upgrade meets the intent of the requirements within the restraints of the existing site conditions. NES #529/2007P landscape narrative 5/11/07 RMR/rmr ORIGINAL:, RECEI MAY 11 2007 PLANNING DEPARTMENT CITY OF CLEARWATEP Z a L U LL: .-emu w �J a0 Z O LL- Z 0 i Z 1 _ / ` J HQ N DRIVE 1j f f ' "�`.a. �}.✓;,.. mss" n li '". � � �. ;�o-r ^�: .;,fix - j_,rk- v -�..._ r _ � O c t h00 (P& z Ml - Y p � $ f— � £ � � } A°'6'p} � \� � 3 �m� ..r tZ - .. �� -£& .i�. 1t , 5 u �� � ✓ A ,- d � , V ji d1 3 a �S EB #5936 s © s' 1' N fI _ _ ._ < 1 § t }\ i ) N ES Comm.: 0529 cmdA By H.G. -_" Ctt ✓~ tw f - -- 'a ^' r i.. _ .J' " y 1, ..... , vlqyl� Issue Dale: 03/28107 Revisions: SI2'M'30 "WJZS.00'(P) IN, r +'. �'" ," -.'ter# '� ,mx.ye?, _- y� _..::•c.. �d`� ,�„� i d �x�_,., _ :. L£f Iii 77fth £rte L ,.. MID C L E A R W A T E R HARBOR z oq d 4 LU O s a y z Q O � o� =w o „W w C2.1 , ` m" ��• �� r ♦iiiiE/ /. ✓_- sJ�i / /� /// ✓✓ / %G..+ 1,1`11S %�! ��ii: j Vo J 1 a 0 VOW V14, CIO 0 rb Tree Inventory Dockside II Site 445 Hamden Drive Clearwater Beach 7/12/2005 Prepared by Alan Mayberry For: Sea Stone Resort/ Fulvio Divello The following report is submitted by Alan Mayberry, Consulting Arborist, and includes findings that I believe are accurate based on my education, experience and knowledge in the field of Arboriculture. I have no interest personally or financially in this property and my report is factual and unbiased. This report �is the property of Fulvio Divello and will not be given to other entities unless so directed. Site Overview and Canopy Analysis The subject property is presently being utilized as commercial property on Clearwater Beach. The tree. canopy is composed mostly of palm species dominated by the native sabal palm . ( Sabal palmetto) and the exotic Washington palm (Washingtonia robusta). The only native tree species is the live oak (Quercus virginiana), which is being utilized to meet parking lot landscape code requirements. The palms are in good overall condition with a few exceptions and most of the palms are worthy of preservation. A large percentage of the sabal palms have nicks, gouges or areas where the bark is sloughing off. Sabal palms are not raised in nurseries but are typically-taken from the wild and it is common for them to experience some damage to the trunks. This factor downgrades the palm as it affects the aesthetic qualities of the palm but rarely affects the health. If the trunk damage is minor the palm should be preserved if it is otherwise healthy. This inventory will endeavor to rate both the aesthetic and health related aspects of all trees and palms. All trees existing on this site that are designated as protected species per the criteria of the City of Clearwater code are identified herein with overall condition ratings and specific recommendations. ORIGIN RECEIM MAY 11 2007 PLANNING DEPARTMENT Cult OF CLEARWATER of I should be removed as it is beyond treatment and is a threat to cause personal injury or property damage. 2 — A tree exhibiting serious structural defects such -s zodominant stems with included bark at or near the base, large cavities, large areas of decayed wood, crown dieback, cracked /split scaffold branches etc. In addition, a tree with health issues such ' as low energy, low live crown ratio, serious disease or insect problems, nutritional deficiencies or soil pH problems. A tree with a rating of #2 should be removed unless the problem(s) can be treated. A tree with a #2 condition rating will typically require a considerable amount of maintenance to qualify for an upgrade of the condition rating. 3- A tree with average structure and systemic health and with problems that can be corrected with moderate maintenance. A tree with a codominant stem not in the basal area that will be subordinated or cabled and braced or a codominant stem that will soon have included bark can be included as a #3. A tree with a rating of #3 has average - appearance, crown density and live crown ratio and should be preserved if possible. 4- A tree with a rating of 4 has good structure and systemic health with minor problems that can be easily corrected with minor maintenance. The tree should have an attractive appearance and be essentially free of any debilitating disease or insect problem. The tree should also have above average crown density and live crown ratio. Mature trees exhibiting scars, old wounds, small cavities or other problems that are not debilitating can be included in this group particularly if they possess unique form or other aesthetic amenities relating to their age. A tree with a rating of 4 is valuable to the property and should be preserved. 5 — A tree with very high live crown ratio and exceptional structure and systemic health and virtually free of insect or disease problems or nutritional deficiencies. A tree in this category should have a balanced crown with exceptional aesthetic amenities. A tree in this category should be of a species that possesses characteristics inherent to longevity and withstanding construction impacts. A tree with a #5 rating lends considerable value to the site and should be incorporated into the site design. A tree with a #5 rating is worthy of significant site plan modification to ensure its preservation. 6 — A specimen tree. A specimen tree is a tree that possesses a combination of superior qualities in regards to systemic health, structural strength, crown density, live crown ratio, form (balanced crown), overall aesthetic appeal, size, species, age and uniqueness. A great effort should be made to preserve a specimen tree including shifting structures that. would adversely impact the tree. In addition, a specimen tree should have an undisturbed area. equal to its dripline (equal to the branch spread) to grow in. Only an experienced and competent International Society of Arboriculture (I.S.A.) Certified Arborist should be allowed work on a specimen tree. Ccn -imeen - 4'lse comment section serves to note observations relative to the tree but not covc:rod ii. .). ffoe. lrventory data or expands on infnrma¢ ion in the inventory data. It may ORIGIN RECEM Mgt 11. 2007 MANNING DEPARTMENT ,,iw nr e-i rADWATER Comments: This palm is growing against a fenced enclosure and has a small gouge on the trunk. l' above grade and some bark has sloughed off. These conditions are not debilitating and detract little from the overall appearance. The palm has a slight curve in the trunk that enhances its aesthetic value. The crown is very healthy and this palm is recommended for preservation. , 4 13' C.T. sabal palm 3.0 Comments: This palm has a few vertical splits in the trunk most likely from too much water at some point in its life. This condition is not serious but is a slight downgrading factor. The palm also has a gouge at the base of the trunk and several nicks on the trunk.. .However, the palm is healthy and the trunk sweeps up towards the east creating a pleasing appearance. Recommend preservation. 5 20' C.T. sabal palm 3.5 Comments: This palm is very healthy but its overall condition is downgraded due to small wounds on the trunk. It is still an attractive palm overall and worthy of preservation.' 6 15' C.T. cabal palm 2.5 Comments:. This palm has a trunk restriction 12' above grade that is approximately one half the diameter of the trunk. The overall condition has been downgraded because of this condition that was likely caused by previous over pruning. A restriction this severe could lead to breakage and failure and consequently, this palm is not recommended for preservation. NOTE: rPalms # 7 and several other palms on this site have been pruned to a 10 — 2- cut. (A configuration that causes the crown to have the appearance of the hands of a clock in the ten minutes until two position). Pruning palms this hard over time causes them to weaken and makes them more susceptible to insect attack or diseases. These palms can be restored to good health and appearance if they are pruned and maintained properly (palms often suffer from nutrient deficiencies and benefit from fertilization with a slow release fertilizer designed for palms). Ideally, only dead/dying fronds and seed pods should be removed, however they can usually tolerate a 9 -3 cut if a "cleaner" look is desired. 7 15' C.T. sabal palm 2.0 Comments: This palm has several. wounds in the lower trunk that girdle the trunk. The wounds appear to be caused by a chainsaw probably from pruning when the palm was young. The palm is still healthy overal1 but. the appearance of the palm..has been affected significantly and downgraded accord-.43.91y. Recommend removal.unless aesthetics.are not a concern. ORIGINAL RECEIVED IMAY 112007 PLANNING DEPARTMENT CITY OF CLEARWATER • • possible they should be preserved together or transplanted and placed in the same orientation. 16 11' C.T. cabal palm 2.5 Comments: This palm is downgraded due to the presence of several gouges on the trunk. It is however healthy and could be preserved if aesthetics are not a great concern. 17 11' C.T. sabal palm ti Comments: This palm has a small trunk restriction 9' above grade and then the crown bends slightly to the north. This palm is healthy and worthy of preservation. 18 355, 411, 6" 7" ficus (Ficus spp.) 1.0 Comments: This tree is growing in a small cut out in an area of ornate paver tiles. The ficus is a tree capable of growing to massive proportions and in time produces large destructive surface roots. In addition, it is not cold hardy and is subject to periodic freeze damage. It is strongly recommended that this tree be removed. Note: Palms # 19 — 39 are a row of cabal palms growing adjacent to the seawall along the eastern property line and are similar-in size and condition. They have very full crowns and have not been over pruned and all are healthy and recommended for preservation. The only downgrading factor on this row of palms is an assortment of old wounds in the form of nicks and vertical cracks. But they are not serious and as these palms are in the background the blemishes are virtually unnoticeable. 19 12' C.T. sabal palm M Comments: This palm has a good trunk with some pits and a small trunk restriction. Recommend preservation. 20 .13" C.T. sabal palm 3.5 Comments: This palm has a slight trunk restriction 7' above grade and a few, small old wounds but is very healthy. Recommend preservation. 21 12' C.T. sabal palm M Comments: This palm has a few nicks but is otherwise very healthy. Recommend preservation. 22 13' C.T. sabal pahn 3.5 C oinmeiits: This palm bas a fe;w blemishes but is very`11e.a1t1?y: Recommend preservation. ORIGINAL, RECEND MAY 11 2007 PLANNING DEPARTMENT CITY OF CLEARWATEIR 0 • 32 16' C.T. sabal palm 4.0 Comments: This palm has a few blemishes but is otherwise a very high quality palm. Recommend preservation. 33 15' C.T. sabal palm 4.0 Comments: This is another very high quality palm with a few minor blemishes on the trunk. Recommend preservation. 34 15' C.T. sabal palm 4.0 Comments: This palm has a minor trunk restriction and some pits on the trunk but is otherwise very healthy and attractive. Recommend preservation. 35 14' C.T. sabal palm 4.0 Comments: This palm is very healthy and has a large crown. It has ,minor damage from a string trimmer at the base but is very attractive and should be preserved. NOTE: Several of the palms in this row, are receiving minor damage from string trimmers in the process of removing grass growing around the base of the palms. If the grass is kept away from the base this will not occur. 36 12' C.T. sabal palm 3.5 Comments: This palm has a few slices in the trunk and a trunk restriction but is healthy and recommended for preservation. 37 13' C.T. sabal palm 3.5 Comments: This palm has a trunk restriction 9' above grade and has had some bark that sloughed off in a few areas. But it is very healthy and is recommended for preservation. 38 14' C.T. sabal palm 3.0 Comments: This palm has a trunk restriction one half the size of the trunk located 8' above grade that downgrades its value. The trunk bends to the east past the seawall and then sweeps upward. It has very high aesthetic value, is healthy and is worthy of preservation. 39 .15' C.T. cabal palm 4.0 Comments: This palm also bends to the east and then grows straight upward. It is healthy and has a beautiful form. Recommend preservation.. PRIGINAL RECEIVED 14AY 112007 pLANNING DEPARTMENT CITY OF CLEARWATER • • NOTE: Trees 445 — 62 are a row of sabal palms growing within planters between the existing building and Hamden Drive. Most of the palms have trunk restrictions at a similar height that indicate previous hard pruning or a nutrient deficiency. However, they are for the most part healthy and attractive and warrant preservation with the exception of tree 449. Tree #51 is rated 3.0 but will have to be removed as it is growing against a utility wire. In addition palms #54, 55 & 56 are growing very close to the wires and should be checked out by Progress Energy for safety. Call Progress Energy for assistance as an electrical hazard exists with the removal of any of these palms. 45 13' C.T. sabal palm 3.0 Comments: This palm has a major trunk restriction 12' above grade that downgrades its condition. In addition some of the oak branches from tree #44 are growing into the crown. Overall the palm is healthy and attractive and should be preserved. 46 17' C.T. sabal palm .1 Comments: This palm has a very good trunk and crown and is recommended for preservation. 47 17' C.T. sabal palm 3.5 Comments: This palm has a minor trunk restriction but is otherwise healthy. Recommend preservation. 48 16' C.T. sabal palm 3.0 Comments: This palm has a restriction 2' below the bud then the trunk up to the bud is about two - thirds the size of the uniform trunk. This situation has caused a slight downgrade but the pahn is healthy and attractive and warrants preservation. 49 14' C.T. sabal palm 2.5 Comments: This palm has a trunk restriction 8' above grade and 2' below the bud the trunk tapers to a diameter of two - thirds the trunk. The crown is dipped to the west and it appears that the bud could collapse although this is not certain. This palm is not recommended for preservation. 50 15' C.T. sabal palm K911 Comments: This pahn has a few gouges and areas where the bark is sloughing off. However, it is healthy and warrants preservation. 51 15' C.T. sabal palm 3.0* ORIGINAL RECI°M MAY 11. 2001 PLANNING DEPARTMENT CITY OF CLEARWATE0 59 16' C.T. sabal palm 4.0 Comments: This palm has a large crown and is very healthy. Recommend preservation. 60 14' C.T. sabal palm 4.0 Comments: This palm has a beautiful crown and is very healthy. Recommend preservation. 61 14' C.T. sabal palm 4.0 Comments: This palm has a very slight restriction 13' above grade but has a beautiful crown and is healthy. Recommend preservation. 62 14' C.T. sabal palm 3.5 Comments: This palm has two slight restrictions in the trunk but has a good crown and is healthy. Recommend preservation. 63 12' C.T. sabal palm 3.0 Comments: The trunk of this palm is charred from 5' above grade to 9' above grade. However, this condition does not affect the palm but downgrades its appearance. There is a slight trunk restriction 10' above grade. However, the tree is healthy and the crown is attractive. Recommend preservation. 64 14' C.T. sabal palm . 3.0 Comments: The appearance of this palm has been downgraded due to the presence of several chainsaw cuts on the trunk from 4' to 9' above. grade. The remainder of the palm looks good and it is healthy. Recommend preservation. 65 10' C.T. sabal palm 3.0 Comments: This palm also has minor charring on the trunk and some slices as well. The crown is attractive and the palm is healthy. Recommend preservation. 66 10' C.T. sabal palm 3.5 Comments: This palm has an unusual appearance as it grows at a slant to the northwest and has a very large crown. The trunk tapers and is narrow but it is not a problem and the overall palm is healthy. Recommend preservation. 67 11' C.T. cabal palm 4.0 ORIGINAL. RECEIVED MAY 112007 PLANNING DEPARTMENT CITY OF CLEARWATER peeling off and there is evidence of wounds. The crown is attractive and the palm is otherwise healthy and this palm could be preserved if the property owner approves, otherwise recommend removal. 76 25' C.T. Washington palm 2.0 Comments: This is another palm with extensive decay at the base and with large areas of bark sloughing off The inner core is solid and' the crown is attractive and healthy. This palm is recommended.for removal unless the property owner approves of the appearance. If this palm and palms #75 & 76 are preserved they should be inspected annually to determine if the decay is progressive and the palms are in danger of failing. 77 <10' C.T. sabal palm N/A • Comments: This palin is growing in the right of way of Hamden Drive and is not protected by City of Clearwater code as it has less than 10' of clear trunk. The palm is growing beneath utility wires and will cause problems in the future. Call the City's Right of Way Maintenance Division (562 -4950) and ask them to remove this palm ORIGINAL RECEM MAY 112007 PLANNING DEPARTMENT CITY OF CLEARWATER Mar 15 07 08:18a Stone Resort F- , �a Prepared by and return to: Kent Runnells, P.A. 101 Main St., Suite A Safety Harbor, 1.1 34695 7261 -1680 DECLARATION OF RESTRICTIONS KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2001062431102/22/2007 at 12:31 PM OFF REG SK: 16648 PG; 809-816 DocType:RST RECORDING: $86.50 THIS DI✓CLAI7A'1'ION OF RESTRICTIONS is made this `Z day of 2007, by Fulvio DiVello, as 'Trustee cif the DiVello Land Trust darted .August 10, 2004, hereinafter referred to as "Declarant." WITNESSETH WIIT3REAS, Declarant is the sole owncr of certain lands in Pinellas County, Florida, more particularly described on Exhibit "A" attached hereto, and incorporated herein by reference, and called the "Property" in this Declaration; and WHEREAS, for a period of many years, all of the Property has been improved with a hotel facility, and used as an overnight accommodation tire; and WHEREAS, Declarant has made application to the City of Clearwater, llorida Community Development Hoard ( "CUB ") Application No. FLD2005 705051 ( "Application "), to change the lawfully permitted use of the Property to attached residential use -( "Residential Use "); and WHEREAS, pursuant to the Application; the CD13 approved the use of the entire Property solely and exclusively as a Residential Use, (t.be "CDB Approval ") and not for any Hotel Use on any pact of the Property; and WHEREAS, notwithstanding such CDB Approval exclusively for Residential Ilse, Declarant now desires to continue to use a part of the Property (that part being more fully dcaciibed in l xhibit "D" attached hereto and being incorporated herein by reference, and fitrther being referred to herein as the "Hotel Parcel ") fora hotel use ( "Hotel Use "), into the foreseeable future, in lieu of Residential Use; arid. WHEREAS, by virtue of the fact that Declarant's current and desired continuation of such Hotel Use on the Hotel Marcel would be inconsistent with the mandates of the Development Order issued in connection with Case No. FLD2005 -05051 (the "Development Order "), the City of Clearwater has not issued a Certificate cif Occupancy ( "C.O. ") for Residential Use oe)Igl R &CEM CIiciswDI Vi: l In l)ur knidcLuan 11191 rucHU c�1.1cCU Ikc�yU'ii dUUS Page MAY 112007 p.2 PLANNING DEPARTMENT CITY OF CLEARWATER Mar 15 07 08:18a Stone Resort 7461 -1680 p.3 of the property currently improved with thirty -one (31) residential- condominium units (which property is more fully described on Exhibit "C" attached hereto and incorporated herein by rcfck-cnce, and is hereinafter referred to as the "Residential Parcel "), but has expressed its, willingness to issue such C.O. as an accommodation to Declarant in consideration of the obligations and undertakings of Declarant set forth herein; and WHEREAS, on January 16, 2007, pursuant to the request of the Declarant, the CDI3 did extend to February 16, 2008, the do.ridline: for the Declarant to comply with the Development order entered by the CDB pursuant to the Application, (the "Development Order ") to allow time for the Declarant to amend its Application to request a. Flexible Development Application to allow for the continued Hotel Use of the Hotel Parcel notwithstanding the requircmwrits of the Development Order (the "Amended. Application "); and WHEREAS, Declarant now desires to amend the Application to allow Declarant to continue to operate the Hotel Parcel as art overnight accommodation unless /until some other use is approved; and WHMEA.S, Declarant has not yet had the opportunity to bring before CDB its Amended Application requesting that the Hotel Use be allowed to continue-, and W1llsld>✓AS, in order to allow for the City to issue the C.O. for the Residential Parcel while Declarant's Amended Application is pending, Declarant is willing to renounce prospectively certain rights with respect to the use of the Hotel Parcel, which rights include the right to construct on the Hotel Parcel fifty -two (52) attached residential condominium units, and Declarant is also willing to agree to all of the terns and conditions set forth herein; NOW, THEREFORE, in consideration of the above recitals which are true and correct, and intending to be legally bound to the terms hereof, Declarant declares that the Hotel Parcel and Residential Parcel described above shall be held, sold and conveyod subjrct to the following conditions and restrictions, all of which are for the purpose of protecting the value and desirability of (lie Hotel Parcel and the Residential Parcel, and all of which will run with the Property and be binding upon all persons having any right, title or interest therein, or of any part therein, acid their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns llurevei. ARTICLE 1 RESTRICTIONS ON USE' OF THE PROPERTY Section I J.. Declarant agrees to file, within sixty (60) days of the execution by Declarant and acceptance by the CDB of this Declaration of Restrictions, its Amended Application regarding the continued Hotel Use of .the Hotel Parcel, and upon filing such Application Declarant shall make every reasonable effort to conclude the process of development approval within 120 days of application sulmilttal, nntwithstanding delay that may occur from time to time ChliMUI1' CIIoOn Page 2 ORIGINAL RECEM KIM 112007 PLANNING DEPARTMENT CITY OF CLEARWATER Mar 15 07 08 :19a Wa Stone Resort - 461 -1680 p,4 due to staff or project representative need for additional time to resolve issues which n1ay arise. Said Application shall include, pursuant to Community Development Code Section. 4- 202(6.), a description of the property which is the subject of the Application documenting that a property line has been established along the existing lot lines_ Section 1.2 In the event the CDB grants the Declarant's request LIrldel' the Amoftdcd Application to allow for Hotel Use, then and in said event the Prop -oily shall henceforth, in perpetuity, be limited to such uses and densities as are allowed, from time to time, under all applicable zoning and land use laws, ordinances, rules and regulaticins protiu Igated by any Federal, State, County, Municipal or quasi- governmental agency having jurisdiction and control over such matters with respect to the Property, including, but riot boing limited to, the limitations on the density of residential condominium units set forth in the Development Order entered in connection with the Amended Application. Section 1.3. Declarant acknowledge$ the existence of unresolved issues regarding did Hotel Use of the Hotel Parcel, including, but not being; limited to, meeting all applicable parking, ingress and egress requirements, which requirements will be, met by Declarant through one or more easement or joint use agreements with respect to and by and between the Hotel parcel and the Residential Parcel. Sectiop 1.4, In order to allow for the City to issue the C.O. for the Residential Parcel, Declarant hereby renounces prospectively certain rights with respect to the use of the Hotel Parcel., which rights include the right to construct on the Hotel Parcel fitly -two (52) attached residential condominium units, Declarant acknowledges that the restriutiuras on, use hereby imposed will reduce considerably from fifty -two (52), to a number which rxray not be ascertainable at this time; but is estimated to be twenty -two (22), the number of attached . residential condominium units which. are allowed to be built, constructed and improved on the FIotel Parcel. in consideration of D eel arant's 'deducting said units from the Hotel Parcel, Declarant is maintaining units on the Residential Parcel which were subject to the Termination of Nonconformity determination, Declarant shall continue to operate an overnight accommodation use on the Hotel Parcel unless and until some other use is approved. Section 1.5. In the event the CDB does not grant the lights requested under the.Amended Application, or Declarant withdraws its Amcndcd Application, then Declarant shall rernain eotiticd to and vested under all rights granted under the Development Order, and shall remain bound to the terms and conditions thereof, and this Declaration of Restrictions shall be null and void, save and except fir any rights acknowledged or.granted herein to the City of Clearwater to enforce its rules, laws, and ordinances with respect to the Property. Section 1,6, I.Jpon the issuance of the C,O_ for the condomnium units on the Residential Parcel, there shall be no further rental of the ten (10) boat slips connected to the Properly, and the use of said boat slips shall henceforth be limited to use by owners uC said condominium units or by guests of the Hotel located on the Hotel Parcel; provided, however, that the Hotel Parcel guest use shall be limited to two of said slips, and that such limited use shall take effect twelve (12) p f. Ilentslt) IVell011neWddopiAn lruclut'NUrcnfRtdD4dinnz Page J ORIGIN4 RECE y D f4AY 112007 PLANNING DEPARTMENT CITY OF CLEARWATER Mar 15 07 08 :19a Stone Resort 72061 -1680 P.5 months after the issuance of the C,O. The aforesaid limitations on the use of the boat slips shall be incorporated into the Amended Application and be subject to any required federal, state, and loe..:tl ,Ipprclval.s. ARTICLE II G E1'NEHAAL PROVISIONS Section 2. l.. Enforcement. The City of Clearwater shall have the right to enforce, by ally appropriate proceeding, all conditions and restrictions now or hereafter imposed by, or pursuant to, the provisions of this Declaration. Hach party shall bear its own costs and expenses thus incurrcd, including reasOaable attoinoyti' fees for all trial and appellate .proceedings, if any, in any litigation involving this Declaration. Section 2.2. Severability. Invalidation of any particular provision of this Declaration by judgment or court order will not affect any other provision, all of which will remain in Rill force and effect, provided, however, any court of competent jurisdiction is liomby empowered, lu the extent practicable, to reform any otherwise invalid provision of this Declaration when necessary to avoid a Minding of invalidity while otherwise effectuating; Declarant's intent. Section 2.3. Compliance with Law. Declarant acknowledges that, whether or not the Amended Application shall be granted, the Property shall at all times be subject to all applicable laws, rules, ordinances, and regulations, and all lawful remedies, including but not limited to state and local law requirements concerning condominium development and code enforcer -men proccedings and penalties established thereunder. Section 2.4, Successors and Assigm, Declarant declares that the Hotel Parcel ind Residential Parcel described above shall be held, sold and conveyed subject to the conditions and restrictions stated in this Declaration of Restrictions, all of which are for the purpose of protecting the value and desirability of llic Hotel parcel and t.ht- Residential parcel, and all of which will run with the Property and be binding upon all persons having any right, title or interest therein, or.of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns forever. Cliellls�Dil�tllluUoclivlJlLuun Keth'nchu'rMIN of Kp P7f(Ipu3 Page 4 ORIGINAL CEM i-o 'Y 112007 PLANNING DEPARTMENT CITY OF CLEARWATER Mar 15 07 08;19a *a Stone Resort 7 0 461-1680 P.6 ZN WITNESS WHEREOF, Declarant has executed this Declaration the date stated above. DECLARANT: ,a"l -c9-4 Fulvio DiVello, as Trustee of the'DiVello Land Trust dated August In, 2004 Witness (Print NamtfjjdLf STATE OF FLORIDA COUNTY OF PINE, LLAS) The tbregoing instrument was acknowledged before me this day of 1011l 2007) by Ivulvio DiVel produced lo, who is personally known to me or who as identification, NOTARY PUBLIC — STATE OF FLOk6 My Commission Expires: MAMA GIONIS NOTAPY PU131-1r, - STATE OPFLOf3IDA COMMISSION # DD30i,333 Ily PUBLIC 0 ' 0 � 0 '�CLO t� EOrA 8- W ' E comml 5 ON 0 DD3 3 9' 1'33 My COMMISSION EXPIRES JAN. 31, 2009 M� COMMISS1 �XPJR 'S ON E JAW, 31 ORIGINAL RECEM Pa Q5 mXV1 12007 PLANNING DEPARTMENT CITY OF CLEARWATER i Mar 15 07 08 :19a lea Stone Resort ;oUNmY LI?,GAL DESCRIPTIC7N 7 -461 -1680 l..oLs 4, 5, 6, 7, 8, 9, 10 and 11, COLUMBIA SUBDIVISION N0.5, accordislg to the reap or plat thereof, as recorded in flat book 31, Page 16, Public Records of Pinellas county, Florida, also that tuiplatted part of Povenunent lot fokur of Seetion B, Township 29 South, }1.aoge 1.5 Fast, described as follows: Begin cit the ;irnitli1.,ast comer of Lot Elevon (11), COLUh4131A SUBDNISIONNO. YTVF (5) and nut thence South 54 °25'30" east, sixty -five turd eighteen hundredths (65.18) feet; thence North 12 "34'30" East, two hundred seventeen and twenty -seven hundredths (217.27) feet, thence North 54 °25'30" West, sixty.fivc and eighteen hundredth4 (65.18) foot to the I astody Nine of Trot Nuic (9) of said Subdivision, thence South 12 °34'30" two hundred seventeen tui.d twenty seven hwidredths (217.27) feet to the point of beginning. ORIGINAL WCEIVED 11AY 11 2007 PLANNING DEPARTMENT CRY OF CLEARINAIER p.7 Mar 15 07 08!19a •ea Stone Resort -461 -1680 P.8 x 1r Alm I A `V ac S !L 1J-%l 'L/ B s '4.l 114, Y' n r j ,1„ y (3, PROFESSIONAL SURVEYORS AND MAPPERS 8016 OLD COUNTY ROAQ No. 54 NEW PORT RICHEY, FLORIDA 34653 OFFICE; 727- 834 -8140' FAX; 727.834 -8150 SKETCH AND LEGAL DESCRIPTION: EXHIBIT "A" LEGAL DESCRIPTION: A PAH(C LL Of- LANU LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DECRIUEQ AS FOLLOWS: LO'T'S 9, 10 AND 11 OF COLUMBIA SUBDIVISION No, 5, ACCORDING TO THE MAP UN FLAT THEREOF, AS RECORDED IN PI,AT BOOK 31, PAGE 16 AND THAT 130FZTION OF LAND LYING BETWEEN LOT 11 OF SAID COLUMBIA SUBDIVISION No. 5, ANO LOT 1, BL.00I< A OF BAYSIDE SUBDIVISION No. 4, ACCORDING TO THE MAP OR PLAT THEREOF', AS P,ECOROED IN PLAT BOOK 38, PAGES 38 -39 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING FURTHER DESCRIBED AS FOLLOWS, (THE FOLLOWING BEING ONE IN THE SAME): BEGINNING AT THE NORTHWEST CORNER OF LOT 9 OF COI LIMRIA SUBDIVISION No. 5, ACCORDING TO THE MAID OR (SLAT THEREOF, AS RECORDED IN PLAT BOOK - 31, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH , 77° 25' 0" EAST, ALONG THE NOR I'H LINE OF SAID LOT 9, A DISTANCE OF 120..00 FEET; THENCE 5UU 11°1 12' 34'30" WEST, A DISTANCE Of:' 24.41 FEET; THENCE SOUTH 54, 25'30" EAST, A DISTANCE OF 65,18 FEET' TO THE WEST BOUNDARY OF SAID' BAYSIDE SUBDIVISION No, 4; THENCE SOUTH '120 34'30" WEST, ALONG SAID WEST BOUNDARY, A DISTANCE OF 217.27 FEET TO Tilt- NORTHERLY RIGHT' --OF -WAY LINE OF GULF VIEW BOULEVARD; 'PHENCE NORTH 54° 25'30" WEST, ALONG SAID NORTHERLY RIGH1 -OF -WAY LINE, A DISTANCE OF 195.` >,�I FEET 1'O THE FASTERLY RIGHT °OF -WAY LINE OF HAMDEN DRIVE THENCE NORTH 120 X4'30" EAST, ALONG ,AID EASTERLY RIGHT- OF-WAY LINE A DISTANCE OF 190.16 FEE) TO THE POIN1 Or BEGINNING, (- nNTAIINIIVt..- 38,965 SOUARC FEET, OR 0.8945 ACRES MORE OP LESS. NOTES: 1. BEARINGS AND DISTANCE SHOWN MkRFON ARC OASED ON THE WEST LINE OF LOTS 4 -8, OF BAYSIDE SUBDIVISION No. 9, ACCORDING TIC THE MAP OR PLAT THEREOF. HAVING A BEAR I NG OF SOUTII 12" 34' 30" WEST. 2. THIS IS NOT A BOUNDARY SURVEY, BUT ONLY A LEGAL DESCRIPTION OF THE- GRAPHIC DEPICTION AS SHOWN ON SHf L I' 2 OF 2 AND IS N.01.1., AND VOID WITHOUT BOTH SHEETS. ORIGINAL RECEM _ vlA; 11. 2007 BHUCE A, XLE1N T.... „— DATE: - PROQ5510NAL SSURVFYOH AND MAPPER PLANNING DEPARTMENT FLORIDA LICEN5CD Nu. PSM 5052 CITY OFCLEARWATER PHASE 11 - BOUNDARY �UtI NQ. ULi0001,8 DATE: 02/12/0% SHEET: 10F 2 SHEETS Mar 15 07 08 :19a �MA lW �l Y 801G OLD COUNTY ROAD NQ. 54 0 e Stone Resort I ii I I J,,1 = I �- !.0 0- 461 -1680 S U R `V IE -Y l INT U 9 INC PROFESSIONAL. SURVEYORS ANO MAPPERS NEW PORT RICHEY, FLORIDA .14653 0rFfCE; 771 -834 -8140 FAx SKETCH AND LEGAI. DESCRIPTION: EXH1B11' "A" E-As r1ijT y MEN r.,_ r, for 2(-, 04YSlp ' � X0 0, � B I VISIS DON 12pnO, Z Q 1 4' l� M % ° PRC)p N B q' D N�D r �` � T U,��•, SS 1. G5 74. rr ^ — r s &/Clack r Sri 2414 1, cv r ,W Sg4�2.ti8,0''� LEGEND: r r r rr � ( (-v -v r •� N M a N z cD1 (M) lP) P. B. PG P.0.8 27 -e3a -U 50 DEED MEASURLD = PEAT = PLAT BOOK PAGE POINT OF BEGINNING p.9 ti VKH WUAI Q RFCRM E ?q r.slo s �• Q� 0 " MAY 12007 IJ g `38i p(, S ION IV PLANNING EFA�tTN `39 u v CI1Y OF r I FARWAl 0 20 60 100 200 ,■� NC7'I'CSt i� � I 40 80 1. BEARINGS AND DISTANCE SHOWN HEREON ARC BASED ON THE WEST LINE OF LOTS 4 -8. OF BAYSIOE SUBDIVISION No, 5, ACCORDING 1'0 THE MAP OR PLAT THCRCOF• HAVING A BEARING Or SOUTH 12-34'30" WEST. 2. THIS IS NOT A BOUNDARY SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE LEGAL DESCRIPTION As SHOWN ON SHLLf 1 Oh 2 AND 15 NULL AND VOID WIIHOUT BOTH SHEETS. PHASE fl w I OUNfJARY 16FJ IVo, Ob0001.8 UAIL; 02/12/07 SHEET; 2 OF 2 SHEETS OqE N i I 6 o �� -- cU �% M N ! N l I`6 Lj �1 _ P.O.B. / i V7 J � 5:. ; sr NORTI -IWEST I i.u0) I CORNER OF j LOT 9 S77n 12pnO, Z Q 1 4' l� M % ° PRC)p N B q' D N�D r �` � T U,��•, SS 1. G5 74. rr ^ — r s &/Clack r Sri 2414 1, cv r ,W Sg4�2.ti8,0''� LEGEND: r r r rr � ( (-v -v r •� N M a N z cD1 (M) lP) P. B. PG P.0.8 27 -e3a -U 50 DEED MEASURLD = PEAT = PLAT BOOK PAGE POINT OF BEGINNING p.9 ti VKH WUAI Q RFCRM E ?q r.slo s �• Q� 0 " MAY 12007 IJ g `38i p(, S ION IV PLANNING EFA�tTN `39 u v CI1Y OF r I FARWAl 0 20 60 100 200 ,■� NC7'I'CSt i� � I 40 80 1. BEARINGS AND DISTANCE SHOWN HEREON ARC BASED ON THE WEST LINE OF LOTS 4 -8. OF BAYSIOE SUBDIVISION No, 5, ACCORDING 1'0 THE MAP OR PLAT THCRCOF• HAVING A BEARING Or SOUTH 12-34'30" WEST. 2. THIS IS NOT A BOUNDARY SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE LEGAL DESCRIPTION As SHOWN ON SHLLf 1 Oh 2 AND 15 NULL AND VOID WIIHOUT BOTH SHEETS. PHASE fl w I OUNfJARY 16FJ IVo, Ob0001.8 UAIL; 02/12/07 SHEET; 2 OF 2 SHEETS Mar 15 07 08:P0a a Stone Resort - 461 -1680 p.10 KilsiN PR01"ESSIONAL SURVEYORS AND MAPPERS 8016 QLO COUNTY ROAO No. 54 NEW PORT RICHEY: FLORIDA 34653 OFFICE. 727 - 834-8140 Fax; 727-834 -8150 SKETCH AND LEGAL DESCRIPT)ON:- EXI,IIBIT "A" DOCKSIDE - A CONDOM I N I UM LEGAL DESCRIPTION.' PHASE I LEGAL DESCRIPTION. (�.f�.C'7�� ���%G ?C il�� or A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. OCING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 4, 5, 6, 7 AND 8 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLA I BOOK 31, PACE 16 OF I HE PUBLIC REORDS OF PINELLAS COUNTY, FLORIDA. BEING FURTHER DESCRIBED AS, (THE, FOLLOWING BEING ONE IN THE SAME); BEGINNING AT THE SOUTHWEST CORNER OF LOT 8 Of . COLUMBIA SUBDIVISION No. 5, ACCORDING TO TI IE MAI" Of; PLAT THEREOF, AS RECORDED IN PLAT 9001 31, PACE 16 OF TIME PUBLIC: RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE NORTH 12' 34'30" EAST, ALONG THE EASTERLY RIGHT -OF -WAY LINE OF HAMDEN DRIVE, KING A 60.00 FOOT RIGHT-CF-WAY, A DISTANCE OF 325.00 FEETI THENCE SOUTH 7712'S'3011 EAST, ALONG TIME NORTH LINE OF SAID LOT 4, A DISTANCE OF 219.50 FEET; THENCE SOUTH 120 34'30" WEST, A DISTANCE' OF 347.90 FEET; THENCE NORTH 771 25'30" WEST, A DIl;TANCF OF 35.00 FEET ; THENCE NORTH 32° 25'30" WEST, A DISTANCE OF 32.39 FEET TO THE EASTERLY EXTENSION Of' T HE SOUTH LINE OF SAID LOT 81 THENCE NORTH 770 25'30" WEST, ALONG THE EASTERLY EXTENSION OF SAIDD. LC)T. 8. A DISTANCE OF 161.60 FEET TO 'I HE POINT OF BEGINNING_ CONTAINING 72,401 SQUARE FEET, OR 1.6621 ACRES MORE OR LESS. f FIPUCE A. KLEIN PRQF F.SSIONAL SSURVEYOR AND MAOPER FLORIDA LICENSED No. PSM 5052 PHASE I - BOkJNDAR'i -- UA1.L:... ORIGINAL RECEWD MAY 112007 PLANNING DEPARTMEN CITY OF CLEARWATER JOB Nu. 060001.9 1 DA`I'E, 02/12/071 SHEET; 10F 2 SHEET Mar 15 07 08:2Oa 06. a Stone Resort 0 -461 -1680 IU1-1 SUI V)F- YICNG, INC PIROFESS I ONAI.. 51JRVEYORS AND MAPPL`RS 8016 OLD.000NTY ROAp NO, 54 NEW PORI' HICHE:Y. FIORIDA 34F0 nFFICC: 727 -934 -6140 PAX. 7 «7- 834 -81.50 SKETCH AND LEGAL DESCRIPTION: E.XHIB!T "A (j7,11 fry 1 �l E1J N32° 2S'30 "W '94YSIDE ' S( ,�E'219 P,e. 1, p/V'�$I ()N 0 CS. 74 No. 3 Kill I q ) « ! r' 4y � � C LL Q ry Lu P.Q.B. SOUTHWEST CORNER OF 1 LOT 8 E1J N32° 2S'30 "W '94YSIDE ' S( ,�E'219 P,e. 1, p/V'�$I ()N 0 CS. 74 No. 3 Kill ~y�rs4(, 16' CL EAY W4 �rR R HqR� LEGEND: I D 1 - DEED (M) = MEASURED (f ) = PLAT P.B. = PLAI UUUK PG. = PAGE P,O,B. = POINT OF BEGINNING - 35.00' 77° 25'30 "W Q Q MA) PLANNINI GU .0, • � rp >���r SL/ pc�c .a 1L:, CITYOF � � •�•, 8, SI 9 TT 10, 1 �cS 38- N� No. 4. can NOTCS: 0 20 60 100 200 I � � 4.0 80 1. BEARINGS AND DISTANCE SHOWN HEREON ARE BASED ON THE WEST LINE OF LOTS A -8. OF BAYSIOE SUBDIVISION No. 5. ACCORDING 1'0 THE MAP OR PLAT THEREOF. SHAVING A BEARING OF SOUTH 12 034'30" WCST. 2. THIS IS NOT A BOUNDARY SURVCY, BUT ONLY A GRAPHIC DEPICTION OF THE LEGAL DESCRIPTION AS SHOWN ON SHEET 1 OF 2 AND IS NULL AND VOID WITHOUT BOTH SHEETS. PHA$E, I- 00UNDARY JOB No. 0600Q1.9 DATE 02/12/07 SHEET 2 OF 2 SHFF1'S p. 11 112007 DEPARTMENT 4y � � 5 ry ~y�rs4(, 16' CL EAY W4 �rR R HqR� LEGEND: I D 1 - DEED (M) = MEASURED (f ) = PLAT P.B. = PLAI UUUK PG. = PAGE P,O,B. = POINT OF BEGINNING - 35.00' 77° 25'30 "W Q Q MA) PLANNINI GU .0, • � rp >���r SL/ pc�c .a 1L:, CITYOF � � •�•, 8, SI 9 TT 10, 1 �cS 38- N� No. 4. can NOTCS: 0 20 60 100 200 I � � 4.0 80 1. BEARINGS AND DISTANCE SHOWN HEREON ARE BASED ON THE WEST LINE OF LOTS A -8. OF BAYSIOE SUBDIVISION No. 5. ACCORDING 1'0 THE MAP OR PLAT THEREOF. SHAVING A BEARING OF SOUTH 12 034'30" WCST. 2. THIS IS NOT A BOUNDARY SURVCY, BUT ONLY A GRAPHIC DEPICTION OF THE LEGAL DESCRIPTION AS SHOWN ON SHEET 1 OF 2 AND IS NULL AND VOID WITHOUT BOTH SHEETS. PHA$E, I- 00UNDARY JOB No. 0600Q1.9 DATE 02/12/07 SHEET 2 OF 2 SHFF1'S p. 11 112007 DEPARTMENT Horthside CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • STORMWATER- REPORT FOR: DOCKSIDE II PROTECT OPJGinAi RECEIVED MAY 11'2007 PLANNING DEPARTMEN t CITY OF CLEARWATEP w' A Ram A. Goel, Ph.D., P.E. #47431 April 09., 2007 Project No: 0529 601 CLEVEL'4 %NID STREET, SUITE 930 CLE'kR\A','ATER, FLORIDA 33755 NE:,4D /v,,IN IND5PRIN6.00M r._. = `tic�i�i,j�!DSPRING.COM DRAINAGE NARRATIVE The proposed construction activities consist of the following: • No new impervious area will be constructed. • Addition of a 67 curb around the northern perimeter of the existing stormwater pond. • Alteration of the existing control structure to provide water quality treatment. for a volume equal to 1/2" of runoff over the entire site. • Treatment of stormwater will be achieved through natural percolation. The overflow will'be piped to-the bay, as in the existing condition. • As the pond outfalls directly into the bay, no attenuation is required. 'The Drainage Calculations have been,prepared in accordance with the City. of Clearwater Drainage Manual. • The project is located in an open basin. No wetlands are located in the project area. No wetland impacts will result from construction of this project. PROJECT NAME: PROJECT NO.: EXISTING CONDITIONS TOTAL DRAINAGE AREA= IMP. AREA= POND AREA= PERV.AREA= C CALCULATIONS TOTAL DRAINAGE AREA= IMP. AREA= POND AREA= PERV.AREA= • Dockside II 529 77,954 SF = 72,760 SF = 1,189 SF = 4,005 SF = i 1.79 ACRES 1.67 ACRES 0,03 ACRES 0.09 ACRES 77,954 SF 72,760 SF.OF IMP. AREA @ C = 1,189 SF OF POND AREA @ C 4,005 SF OF PERV. AREA @ C = C = 0.47 T.O.C. = 60 MINUTES PROPOSED CONDITIONS TOTAL DRAINAGE AREA= IMP. AREA= POND AREA= PERV.AREA= C CALCULATIONS TOTAL DRAINAGE AREA= IMP. AREA= POND AREA= PERV.AREA= 77,954 SF = 1.79 ACRES' 72,760 SF = 1.67 ACRES 1,189 SF = 0.03 ACRES 4,005 SF = 0.09 ACRES 77,954 SF 72,760 SF OF IMP. AREA @ C 1,189 SF OF POND AREA @ C = 4,005 SF OF PERV. AREA @ C = C = 0.91 T.O.C. = 60 MINUTES 0.475 1 0.2 0.95 1 0.2 ople w RECEIa MAY 11 2007 PLANNING DEPARTMENT CITY OF CLEARINATEP PROJECT NAME: Dockside II .. PROJECT NO. 529 POND's STAGE STORAGE DATA: T.O.B. EL:= W.Q. EL.= BOTTOM EL.= STAGE ft -NGVD AREA SF AREA AC STORAGE CF 6.20 1,189 0.027 4,043 5.90 1,189 0.027 3,686 5.54 1,.189 0.027 3,258 5.10' 1,189 0.027 2,735 4.45 1,189 0.027 1,964 180 1,189 0.027 1,193 2.80 1,1.89 0.0271 0 TOTAL WATER QUALITY CALCULATIONS: DRAINAGE AREA= REQUIRED WATER QUALITY DEPTH REQUIRED WATER QUALITY VOLUME PROPOSED OUTFALL ELEVATION = AVAILABLE WATER QUALITY VOLUME _ 77,954 SF 0.50 IN 3,248 CF 5.54 FT 3,258 CF ri WEIR DESIGN TOP. OF WEIR ELEV.= BOT. OF WEIR ELEV.= H= Q= L= Q/3.1'H ^1.5 = 6.20 FT 4R1GlM 5.54 FT RECENM 0.66 FT- or 8" 5.78 CFS M A Y 1 3.2007 3.48 FT MIN. pIANNpNGI)EPARIMEN' CIN Of CLEARWATER TIME (MIN. ) T (IN /HR) NORTHSIDE ENGINEERING SERVICES INFLOW I (CF) . 25 YEAR STORM EVENT 3.60 5.781 PROJECT: Dockside II PROJECT NO. 529 RUN -OFF COEFFICIENTS PRE - CONSTRUCTION TOTAL DRAINAGE AREA= 77,954 SF 1.79 AC IMP. AREA= 72,760 SF OF IMP. AREA @ C = 0.475 POND AREA= 1,189 SF OF POND AREA @ C = 1 PERV. AREA= . 4,005 SF OF PERV. AREA @ C = 0.2 C= 0.47 POST - CONSTRUCTION TOTAL DRAINAGE AREA= 77,954 SF 1.79 AC IMP. AREA = 72,760 SF OF IMP. AREA @ C = 0.95 POND AREA= 1,189 SF OF POND AREA @ C = 1 PERV. AREA= 4,005 SF OF PERV. AREA @ C = 0.2 C= 0.91 STORAGE CALCULATION I' PRE - CONSTRUCTION DRAINAGE AREA 1.79 AC TIME OF CONC. Tc = 60 MIN I @ Tc =60 (25 YEAR EVENT)= 3.60 IN /HR Q(out) = C x I x A= 3.02 CFS POST- CONSTRUCTION WEIR DESIGN TOP. OF WEIR ELEV.= BOT. OF WEIR ELEV.= H= Q= L= Q/3.1'H ^1.5 = 6.20 FT 4R1GlM 5.54 FT RECENM 0.66 FT- or 8" 5.78 CFS M A Y 1 3.2007 3.48 FT MIN. pIANNpNGI)EPARIMEN' CIN Of CLEARWATER TIME (MIN. ) T (IN /HR) Q(in) (CFS) INFLOW I (CF) . 60.00 3.60 5.781 20,805 WEIR DESIGN TOP. OF WEIR ELEV.= BOT. OF WEIR ELEV.= H= Q= L= Q/3.1'H ^1.5 = 6.20 FT 4R1GlM 5.54 FT RECENM 0.66 FT- or 8" 5.78 CFS M A Y 1 3.2007 3.48 FT MIN. pIANNpNGI)EPARIMEN' CIN Of CLEARWATER Thin Blue Numbers = Input data Dold Red Numbers = Answers Mounding Analysis - Simplified Analytical Method Pond Length = L 50 feet Pond Width = W 25 feet Porosity = P 1.M Porosity of material within the pond Top of Treatment 5..54 feet SHW 1.30. feet Bottom of Pond ..2.80 feet Aquifer elevation 0.00 feet { 1 .0.27 Specific yield or effective porosity of aquifer - see table below k 40.:O..Q. ft/day - horizontal hydraulic conductivity of aquifer Recovery Time = 22.77 hours Recovered Volume = 3 425` cubic feet Rmax = G0.9 feet - Maximum Radius of Influence hmax = 4.24 feet - Top of treatment to SHW hm;n = 1.56. feet- Bottom of pond to :SHW b = 1.30 feet - initial saturated thickness of aquifer Taken from "Full -Scale Hydrologic Monitoring of Stormwater Retention Ponds and Recommended Design Methodologies ", prepared for St. Johns River Water Management District by PSI /Jammal Division, August 1993. http: / /sirwmd.org /programs/ outreach / pubs /techpubs /pdfs /SP /SJ93- SP10.pdf (L + W) (4Pi)/3 (PLW) 5625 75 4.18879 1250 a = 75 b = 1.30 C = 0.001326 The fillable porosity for'..poorl.y graded fine .sands can be `expected 19392.55 to vary with distance °above ±thewateraable as follows::.,; Distance- above;Water_Table?,,'.° Fillable Porosity., 0.0-to' 0:5,ft 0 0/0 . 0.5 to •1'.0 ;ft 10 % ' 1.0 to 1.5 ft';-- (.. _.- 20% 1.5 to 2.0 ft ._ : - - - 27 9/64f ORIGINAL RECEVVW MAY 112001 Pl1 NING � A WA N'R CTj Of CLE 0 h t = time 1 4.213 0.000 2 4.185 0.000 3 4.158. 0.000 4 4.130 0.000 5 4.103 0.000 6 4.076 0.000 7 4.048 0.000 8 4.021 0.000 9 3.993 0.000 10 3.966 . 0.001 11 3.939 0.001 12 3.911 0,001 13 3.884 0.001 14 3.856 0,001 15 3.829 0.001 16 3.802 0,001 17 3.774 0.001 18 3.747 0.001 19 3.719 0.001 20 3.692 0.001 . 21 3.665 0.001 22 3.637 0.001 23 3.610 0.001 24 3.582 0.002 25 3.555 0.002 26 3.528 0.002 27 3.500 0.002 28 3.473 0.002 29 . 3.445 0.002 30 3.418 0.002 31 3.391 0.002 32 3.363 _ 0.002 33 3.336 0.003 34 3.308 0.003 35 3.281 0.003 36 3.254 0.003 37 3.226: 0.003 38 3.199 0.003 39 3.171 0.003 ..40 3.144 0.003 41 3.117 0.004 42 3.089 0.004 43 3.062 0.004 44 3.034 0.004 - 45 3.007 0.004 46 2.980 0.004 47 2.952 0.005 48 2:925 0.005 49 2.897 0.005 50 2.870 0.005 51 2.843 0.005 52 2.815 0.006 53 2.788 0.006 54 2.760 0.006 55 2.733 0.006 56 2.706 0.007 57 2.678 0.007 58 2.651 0.007 59 2.623 0.007 60 2.596 0.008 61 2.569 .0.008 62 2.541 0.008 63 2.514 0.009 64 2.486 0.009 65 2.459 0.009 66 2.432 0.010 67 2.404 0.010 68 2.377 0.011 69 2.349 0.011 70 2.322 0.011 71 2.295 0.012 72 .2.267. 0.012 73 2.240 0.013 74 2.212 0.013 75 2.185 0.014 76 2.158 0.014 77 2.130 0.015 78 2.103 0.016 79 2.075 0.016 80 2.048 0.017 81 2.021 0.018 82 1.993 0.018 83 1.966 0.019 84 1.938 0.020 85 1.911 0.021 86 1.884 0.022 87 1.856 0.023 88 1.829 0.024 89 1.801 0.025 90 1.774 0.026 91 1.747 0.027 92 1.719 0.028 93 1.692 0.029 94 1.664 0.031 95 1.637 0.032 96 1.610 0.033 97 1.582 0.035 98 1.555 0.037 99 1.527 0.038 100 1.500 0.040 0.949 ;7 ORIGINAL RECEIVED MAY 11.2007 PIANNOF C ®EARWAI EP ri �> 0: 2004326588 BK: 13769 PG: 2036, 08/3.6/_004 a�: 04:15 PM, RECORDING 3 PAGES KARLEEN F. DE BLAKER, CLERK OF COURT P'INELLAS COUNTY, FL BY DEPUTY 27.00 LERK: CLKDUI3 1 This Instrument Prepared by and Return To: KENT RUNNELLS, P.A.; ' KENT B. RUNNELLS, );$,QUIRE 101 MAIN STREET, SUITE A SAFETY HARBOR, FIB 346;95 Property Appraisertsp>arc61 I.D. Number(s): 08/29/15/17640/000 /0040 7i'V D ,'FD made the /0 /,/day of ��' A.D. 2004, by THIsWARRAN , 1 y FULVIQ` iVELLO and M(A - T.)ALEINA DiVELLO, as tenants by the entireties, hereinafter called the G 6nto s, to FULVIO DiVELLO, as Trustee of the DiVELLO LAND TRUST, dated 2004, with full power and authority either to protect, to conserve, to lease _an,4t2i,6 se to convey, to j.icumber and to otherwise manage and dispose of the real property herein de`scr`il?t d; hereinafter clal'ied the Grantee. The Grantee's post office address is 400 Island Way, Clearwater, Fl:.,rida 33767. (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETI , That the Grantor, for and in consideration of the sum often dollars ($10.00) and other good and valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases and conveys and confirms unto the Grantee all that certain land situate in Pinellas County, and more fully described as follows: SEE EXHIBIT "A" This deed was ptepared without the benefit of a title search of the subject property and the preparer of this conveyance does not guarantee merchantability or marketability of title. The Grantor hereby represents and warrants that the above - referenced property is not the homestead property of the Grantor. Together, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003. MAY 1 1 PLANNING CI7 Y OF C r PINELLAS�COUNTY FL OFF. REC. BK 13769 PG :!037 IN WITNESS WIIIEREQF, the said Granto r 1 La!, and year first above written:' ,. k Signed, sealed and delivered in the presence of; � � . ire ;`•..,,, Witness Si KENT S. RUNNELL6 Printed Witness "Signature _ Witne" S;-Slgiiature _ Pr..zitedWitness Signature Witness Signature KMT IL RUNNELLS Printed Witness Signature Wit n ss Signature Printed Witness Signature STATE OF FLORIDA . ) COUNTY OF PINELLAS ) . sm;i ..:;;I( d these presents the day F'LJLV10 DiVELLO I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared FULVIO DiVELLO and MADDALENA DiVELLO, known to me to be the persons described in and who executed the foregoing instrument, who acknowledged before me that they executed this Deed, or that I relied upon the following forms of identification of the above -named person:�v�� WITNESS, my official hand and seal this JQ day of 2004. v►r Kent Runnsh ORIGI N49 • L+yC-- )a.+onoo191W7 Notary ublic ignat a R (SEAL) a E*MMayo7 2007 CEND Printed Notary Signature t� AY 12007 PLANNING ©EPARTM CITY OF CLEARWAT i PINELLAS COUNTY FL OFF. REC. BK 13769. PG 2038 .. LEGAL DESCRIPTION Lots 4, 5, 6, 7, 8, 9, 10 and.j'4 COLUMBIA SUBDIVISION NO. 5, according to the map or plat thereof, as recorded in Plat-book 31, Page 16, Public Records of Pinellas county, Florida, also that unplatted part of govetnment lot four of Section B, Township 29 South, Range 15 East, described as follows: Begin at the Southeast corner of Lot Eleven (11), COLUMBIA SUBDIVISION NO. FIVE (5) and run thence South., 54 925'30" east, sixty -five and eighteen hundredths (65.18) feet; thence North 12 °34'30" East"; `iwv_' hundred seventeen and twenty -seven hundredths (217.27) feet, thence North 54 °25'30" West,rsiXty -five and eighteen hundredths (65.18) feet to the Easterly Nine of Lot Nine (9) of said Subdivision, thence South 12 °34'30" two hundred seventeen and twenty seven hundredths (217.2 .)' foef to•the point of beginning. 0 OPOW RFMAD EXHIBIT «A" MAY 112007 PLANNING DEPARTMEN't CITY OF CLEARWATER S�ptw 4/2/2007 Li` a Receipt #: 1200700000000002845 12:27:45PM =� Date: 04/02/2007 r Line Items: FLD2007 -04012 04 Payments: Method Payer Check FULVIO DI VELLO Flexible Commercial 010 - 341262 Line Item Total: Initials Check No Confirm No How Received R_D 131 In Person Payment Total: 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 I of I 1,205.00 $1,205.00 Amount Paid 1,205.00 $1,205.00 cReceipt.rpt CLWCoverSheet FLD2007 -04012 445 HAMDEN DR SEA STONE RESORT PLANNER OF RECORD: WW ATLAS # 276A ZONING: T LAND USE: RFH RECEIVED: 04/02/2007 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: DRC : cns: l0 -9-07 June 19, 2007 Ms. Renee Ruggiero Northside Engineering Services Inc. 601 Cleveland Street, Suite # 930 Clearwater, Florida 33755 RE: Development Order - Case FLD2007 -04012 445 Hamden Drive and 504 South Gulfview Boulevard Dear Ms. Ruggiero: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On June 19, 2007, the Community Development Board reviewed your request for the following: (1) Termination of Status of Nonconformity for density (existing 62 -room hotel at 504 South Gulfview Boulevard to remain on the southern lot [Parcel B], where 44 rooms are permitted today), under the provisions of Section 6 -109; (2) Flexible Development approval to permit a Mixed Use of 31 attached dwellings at 445 Hamden Drive [Parcel A] and a 62 -room hotel at 504 Gulfview Boulevard [Parcel B], with the following: • Parcel A (445 Hamden Drive) — a) reductions to the front (west along Hamden Drive) setback from 15 feet to five feet (to existing pavement) and to zero feet (to existing trash staging area); b) a reduction to the side (north) from 10 feet to three feet (to existing pavement); c) a reduction to the side (south) setback from 10 feet to zero feet (to patio deck); d) a reduction to the rear (east) setback from 20 feet to seven feet (to existing pavement); e) an increase to building height from 35 feet to 67 feet; f) a reduction to the required interior landscape area from 10 percent to 3.7 percent of the vehicular use area, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and • Parcel B (504 South Gulfview Boulevard)- - a) a reduction to the front (west along Hamden Drive) setback from 15 feet to zero feet (to existing pavement); b) a reduction to the front (south along South Gulfview Boulevard) from 15 feet to 8.5 feet (to existing pavement); c) a reduction to the side (north) setback from 10 feet to zero feet (to existing patio deck); d) a reduction to the side (east) setback from 10 feet to 2.5 feet (to existing pavement); e) an increase to building height from 35 feet to 62 feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C; June 19, 2007 Ruggiero — Page 2 f) a reduction to the required interior landscape area from 10 percent to 2.6 percent of the vehicular use area, a reduction to the foundation planting width along the west and south sides of the hotel building on Parcel B from five feet to zero feet and to allow more than 10 parking spaces in a row without an intervening landscape island (three locations), as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and (3) Flexible Development approval to permit a multi -use dock in conjunction with the attached dwellings at 445 Hamden Drive [Parcel A] for eight of the existing slips and a commercial dock in conjunction with existing hotel at 504 South Gulfview Blvd. [Parcel B] for two of the existing slips (10 total existing slips), under the provisions of Section 3- 601.C.3. The Community Development Board (CDB) APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findings of Fact: 1. The subject 1.789 acres is located at the northeast corner of Hamden Drive and South Gulfview Boulevard; 2. In May or June 2005, a storm (hurricane) did damage to both existing overnight accommodation buildings on -site, with the northern building receiving the greater damage; 3. A building permit (BCP2005- 06826) to repair the top five floors due to hurricane damage was submitted on June 22, 2005, and was issued.on July 19, 2005, for the northern existing overnight accommodation building (issued for a hotel building); 4. On August 16, 2005, the CDB approved Case No. FLD2005 -05051 for (1) Termination of Status of Nonconformity for density (111 overnight accommodation units existing to be converted to 83 dwelling units, where 53 dwelling units are permitted today); and (2) Flexible Development approval to permit 83 attached dwellings. This project entailed retaining of the northern building with its conversion to 31 attached dwellings, the demolition of the southern building and the construction of a new southern building. with 52 attached dwellings; 5. Construction.proceeded under BCP2005 -06826 with no request to change the use under the building permit from overnight accommodations to attached dwellings; 6. The site is currently developed with a 31 -unit attached dwelling building (northern building) and a 62 -room hotel building (southern building); 7. The development proposal for this property is for mixed use of 31 attached dwellings in the northern building /lot and a 62 -room hotel in the southern building /lot; 8. This redevelopment proposal is a hybrid between what was intended for the property of attached dwellings in the northern building through the 2005 Flexible Development approval and the existing hotel on the property in the southern building; 9. The proposal represents the ability to retain an overnight accommodation use on the beach where many hotels /motels have been lost to condominium (attached dwelling) construction; 10. The Code has been amended to preclude the termination of nonconforming density and converting it to a different use (such as overnight accommodation units to attached dwellings), requiring this proposal to meet these new rules; 11. The maximum density for the northern lot (attached dwellings) is 26 dwelling units. However, 31 dwelling units were constructed in the northern building through the approvals granted under FLD2005- 05051; June 19, 2007 Ruggiero — Page 3 12. The Planning Department finds it acceptable to leave the 31 dwelling units in the northern building, even though it is five dwelling units greater than currently allowed, so long as there is a commensurate reduction of five dwelling units for the southern lot should it ever be desired to be redeveloped for attached dwellings or other residential use; 13. The development proposal includes a request for termination of status of nonconformity to permit the existing 62- room hotel at 504 South Gulfview Boulevard to remain on the southern lot (Parcel B), where 44 rooms are permitted today; 14. Setback reductions reflect existing conditions, which are less than Code requirements, but are still consistent with existing setbacks for other projects in close proximity; 15. Building heights of 67 feet for the attached dwelling. building and 62 feet for the overnight accommodation building reflect existing conditions, which are consistent and compatible with the height of buildings constructed, under construction or approved within the surrounding area; 16. A total of 125 parking spaces are proposed, where 124 spaces are required. Handicap parking improvements for the hotel lot are included in the proposal; 17. The proposal includes reductions to the required interior landscape area for both the attached dwelling lot and the hotel lot, a reduction to eliminate the foundation planting width along the west and south sides of the hotel building and to allow more than 10 parking spaces in a row without an intervening landscape island (three locations) on the hotel lot. These reductions reflect existing site constraints due primarily to the amount of required parking and the Code dimensional requirements for parking lots; 18. Existing signage of the overall site is nonconforming and must be brought into compliance with current Code requirements. Most likely the Comprehensive Sign Program will be utilized to provide signage for this overall site; 19. Parks and Recreation Impact Fees were not assessed previously for the remodeling of the northern attached dwelling building and must be assessed and paid with this application.. 20. That there are no active Code Enforcement cases for this property. Conclusions of Law: 1. That the development proposal is generally consistent with the Standards as per Tables 2 -801.1 and 2 -803 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2 -803.0 of the Community Development Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3 -913 of the Community Development Code; and 4. That the development proposal is consistent with the Comprehensive Landscape Program criteria as per Section 3- 1202.G of the Community Development Code. Conditions of Approval: 1. That the final design and color of the hotel building be consistent with the owner's intent as included in the application materials, or as modified by the CDB; 2. That Declaration of Unity of Title documents each for the hotel lot and the attached dwelling lot be recorded in the public records by July 19, 2007; 3. That any future change of use to attached dwellings or other residential uses for the southern hotel lot (Parcel B) be developed with five (5) less dwelling units (or residential equivalent) than permitted under maximum density regulations. Such use /density restriction shall be recorded as a Deed Restriction, enforceable by the City, or other legal instrument acceptable to the City Attorney by July 19, 2007; i10+ 1 U%10%3 e� -r-'At rwY �v ct -r -ta -44A - �a9aI atAct T "ov. w-ro r . N� rQG�r�q a June 19, 2007 Ruggiero - Page 4 4. That there be a minimum 30 -day length of stay by the unit owner or rental /lease tenant in any dwelling in the northern building; 3M . -�4-L L a-�.,Zo 5. That cross access, parking, drainage and pool access between the two lots /owners be recorded in the public records by October 19, 2007; No}- 6N,.x- 6. That the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, license and the City's Business Tax Receipt be amended to reflect a maximum of 62 rooms for the hotel (504 South Gulfview Boulevard) by July 19, 2007; 04' A*,. &- 7. That there be no business tenant spaces on the west side of the hotel building; 8. That a building permit be submitted by December 31, 2007, to resurface at least the south side of the hotel building with gray vinyl siding to match the rest of the building; 5%.e u 7. 0 7 3 4r 3 9. That a building permit be submitted by October 19, 2007, to construct the site and landscape improvements, with the landscape plan for the hotel lot amended to replace the silver buttonwood trees with clusters of palm trees along the east property line; N Off' a cry 10. That existing freestanding and attached signage for both the attached dwelling lot and the hotel lot be brought into compliance with Code requirements. Applications for sign permits or a Comprehensive Sign Program must be submitted by October 19, 2007. Freestanding signage shall be monument - style, designed to match the exterior materials and color of the building; tjs� aa.,J_ 11. That lighting on the northern area of the attached dwelling lot be brought up to Code requirements and angled or shielded to eliminate negative light intrusion on the adjacent property; tJoA- d u,-_ 12. That hedges and other landscaping (not including trees) on the northern portion of the site and along the northern 100 feet along the water of the attached dwelling lot (Parcel A) be maintained to a maximum height of three feet to provide continued views of the water by adjacent property owners and their tenants /guests. Landscape materials along the north and east sides of the property shall be of a type that minimizes insect and maintenance debris impacts on the neighbor to the north; 13. That use of the southern two slips at the existing docks be for exclusive use for the mooring of boats by guests of the hotel at 504 South Gulfview Boulevard and are not permitted to be rented, leased or sold separately from use by guests of the hotel; 14. That boats moored at the existing dock, lifts and/or slips for the northern eight slips be for the exclusive use by the residents and/or guests of the attached dwelling condominiums at 445 Hamden Drive and not be permitted to be sub - leased, rented or sold separately from the attached dwelling condominiums; 15. That no liveaboards be allowed in any of the slips at the existing dock; and 16. That all Parks .and Recreation fees, totaling $227,442.78, for the northern attached dwelling building be paid no later than October 30, 2007. If not paid by this date, the fees could change, as the fees would be recalculated using the 2007 tax value. J �� Pursuant to Section 4 -407, an application for a building permit or other approvals shall be made within the time frames set out in the conditions of approval above. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The Community Development Board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. 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. June 19, 2007 Ruggiero — Page 5 Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4 -502.13 by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on July 3, 2007 (14 days from the date of the CDB meeting). If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727 -562 -4504. You can access zoning information for parcels within the City through our website: www.mvclearwater.com/aov/deDtS/Dlannin2. Sincerely, Michael Delk, AICP Planning Director S: (Planning DepartmentlC D BIFLEX (FLD) Unactive or Finished Applications Wamden 445 Sea Stone Resort(]) 2007 - ApprovedWamden 445 Development Order 6.19.07.doc #t,2�s07276729 BK: 15943 PG: 688, 08/20/2007 at 05:13 PM, RECORDING 2 PAGES $18.50 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKPR09 A PREPARED BY & RHO: PLANNING DEPARTMENT 4 100 S. MYRTLE AVENUE, 2ND FLOOR CLEARWATER, FL 33756 PHONE: 727 - 562 -4567; FAX 727 - 562 -4865 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2007242880 07120=U at 02:55 PM OFF REC SK: 15898 PG: 2514 -2515 DocType:AGM RECORDING: $18.50 DECLARATION OF UNITY OF TITLE Prop,erty Owner: Fulvio DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004, as Amended and on eptem er , an again on July 1, 2005. Property Address: 504 South Gulfview Blvd Clearwater FL 33767 KNOW OF ALL MEN BY THESE PRESENTS. that pursuant to the ordinances of the City' of Clearwater pertaining to the issuance of building permits and regulating land development activities. the undersi;,ned. being= the fee owner (s) of the following described real property (legal description) situated in the City of Clearwater. County of Pinellas and State of Florida. to wit: Attached hereto as Exhibit "A" do hereby make the following declaration of conditions. limitations and restrictions onsai` lands. hereafter to be known and referred to as a DECLARATION OF UNITY OF TITLE. as to the follov6rig particulars: I . That the aforesaid plot or combination of separate tots, plots, parcels.-acreage or portions thereof, shall hereafter be regarded as and is hereby declared to be unified under ogle title as an indivisible building site. ?. That the said property shall henceforth be considered as one plot or parcel of land. and that no portion thereof shall be sold. assigned. transferred. conveyed or devised separately except in its entiret-, '. as one plot or parcel of land. 3. That this Declaration of Unity of Title shall constitute a covenant to run with the land. as provided by law. and shall be binding upon the undersigned, and the heirs. successors and assigns of the undersigned, and all parties claiming under them until such time as the same may be released in writina under the order of the City Manager of the City of Clearwater. The undersigned also agree(s) that this instrument shall be recorded in the public records of Pinellas County, Florida. Zg� day of Signed, sealed. witnessed and acknowledged this at Clearwater. Florida. ibt vo h Fulvio DiVello, Trustee STATE OF FLORIDA 0% of COUNTY OF PINELLAS The foregoing- inarnment Was ackno%%ied ^_ed before the this 206x? . by re-� --/ , Zi beh:df of d. otFbdde Nntarn PublicSignamn Eff862255 ?:•rme of guar} Printed Capp t Xo[an Commission Numher. (SEAL ABOVE) Pe roll. known orprhlnced i&,ntilication Type of identification prtxIuced h4f cave vx" t/71 / x A�P/ y /v- - l'G Cvibe6�1 7/b C o, /a c�1 0,-,, -e1xrl- I r? 7Ae lef a/ cal sC �'r a7 e Ge,• � "� D /z /,�o�l� BINELLAS COUN'T'Y FL OFF. REC _ BK 15943 PG 689 I LEGAL DESCRIPTION: EXAIBff "A" A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH. RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DECRIBED AS FOLLOWS: LOTS 9. 10 AND 11 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 AND THAT PORTION OF LAND LYING BETWEEN LOT 11 OF SAID COLUMBIA SUBDIVISION No. 5. AND LOT 1. BLOCK A OF BAYSIDE SUBDIVISION No. 4. ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 38. PAGES 38 -39 OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA. BEING FURTHER DESCRIBED AS FOLLOWS, (THE FOLLOWING BEING ONE IN THE SAME); BEGINNING AT THE NORTHWEST CORNER OF LOT 9 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: THENCE SOUTH 770 25'30" EAST, ALONG THE NORTH LINE OF SAID LOT 9. A DISTANCE OF 120.00 FEET: THENCE SOUTH 120 34'30" WEST, A DISTANCE OF 24.41 FEET: THENCE SOUTH 540 25'30" EAST, A DISTANCE OF 65.18 FEET TO THE WEST BOUNDARY OF SAID BAYSIDE SUBDIVISION No. 4: THENCE SOUTH 120 34130" WEST, ALONG SAID WEST BOUNDARY, A DISTANCE OF 217.27 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF GULFVIEW BOULEVARD: THENCE NORTH 54'25-30" WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY -LINE, A DISTANCE OF 195.54 FEET TO THE EASTERLY RIGHT -OF -WAY LINE OF HAMDEN DRIVE. THENCE NORTH 12° 34'30" EAST, ALONG SAID EASTERLY RIGHT -OF -WAY LINE A DISTANCE OF 190.16 FEET TO THE POINT OF BEGINNING. CONTAINING 38,965 SQUARE FEET, OR 0.8945 ACRES MORE OR LESS. T #:'2607242690 $18.56 KEN CLKPR06 ;Ai C BK: 15898 PG: 2514, 07/20/2007 at 02:55 PM, RECORDING 2 PAGES BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: PREPARED BY & RETURN TO: PLANNING DEPARTMENT m 100 S. MYRTLE AVENUE, 2ND FLOOR CLEARWATER, FL 33756 PHONE: 727 - 562 -4567; FAX: 727 -562 -4865 DECLARATION OF UNITY OF TITLE Property Owner: Fulvio DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004, as Amended and estat on eptem , as agate on July 1, 2005. Property Address: 504 South Gulfview Btvd Clearwater FL 33767 KNOW OF ALL MEN BY THESE PRESENTS. that pursuant to the ordinances of the City of Ci e a n' ater pertaining to the issuance of building permits and regulating land development activities. the undersigned, being the fee owner (s) of the following described real property (le-al description) situated in the City of Clearwater. County- of Pinellas and State of Florida. to wit: Attached hereto as Exhibit "A" do hereby make the following declaration of conditions. limitations and restrictions on said lands, hereafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: 1. That the aforesaid plot or combination of separate lots. plots. parcels.-acreage or portions thereof. shall hereafter be regarded as and is hereby declared to be unified under one title as an indivisible building site. ?. That the said property shall henceforth be considered as one plot or parcel of land• and that no portion thereof shall be sold. assigned, transferred. conveyed or devised separately except in its entirety. as one plot or parcel of land. 3. That this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law. and shall be binding upon the undersigned, and the heirs. successors and assigns of the undersigned. and all parties claiming under them until such time as the same may be released in writing under the order of the City [Manager of the City of Clearwater. The undersigned also agree(s) that this instrument shall ba recorded in the public records of Pinellas County, Florida.,,, Signed, seated. witnessed and acknowledged this 049-141 day of t J"' _ 2007 at Clearwater. Florida. Fulvio DiVello, Trustee STATE OF FLORIDA 6% of couNTY OF P114ELLAS The rtwe;oine instrument++as ackno++'led_ed before me this �__ _ 2007 . by / ,O. 1't-K/ behalf of a-hom ' tstrument ++as ezcattcd. NotetYpubftsweoffbtitre \, +tan puhlicSignature My( oD6M55 Name of \otarn Printed of EXP"6 0510M" Ntuap lommision Number. (SEAL ABOVE) Pe tall+ orpa+Ju,:A identification Type of identification pa-411ced i I :,._ ..a �� �� � C�� ,�-o s' e� � l "'� � � � ��. � �5 ���3,�°� 1' _ PTNEMAS COUNTY FL OFF. REC. BK 15898 PG 2515 LEGAL DESCRIPTION= A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DECRIBED AS FOLLOWS: LOTS 9, 10 AND 11 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 AND THAT PORTION OF LAND LYING BETWEEN LOT 11 OF SAID COLUMBIA SUBDIVISION No. 5, AND LOT 1, BLOCK A OF BAYSIDE SUBDIVISION No. 4, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 38, PAGES 38 -39 OF THE PUBLIC RECORDS OF. PINELLAS COUNTY, FLORIDA. N Exhibit "A" - - - - - -- - --- - - - --- ......... . --- --------- I I #: 2007343558 BK: 16027 Pd: 1895, 10/24/2007 at 10:56 AM, RECORDING 6 PAGES $52.50 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMC9 Prepared By and Return to: Kenneth G. Arsenault, Jr., Esq. Arsenault Law Group, PA. 10225 Ulmerton Rd., Suite 2 Largo, FL 33771 SHARED FACILITIES AGREEMENT THIS AGREEMENT made this ?day of October, 2007, by and between DOCKSIDE CONDOMINIUM ASSOCIATION CLEARWATER BEACH, INC., a Florida non —profit corporation (hereinafter referred to as "Condominium ") and PEDRO P. BENEVIDES AS TRUSTEE OF THE DIVELLO LAND TRUST DATED AUGUST 10, 2004, (hereinafter referred to as "'Trustee"), their successors and assigns: WITNESSETH WHEREAS, Condominium is the Association of a 31 Unit Condominium project located on the real property described on Exhibit "A" attached hereto, (the "Condominium Property "); and WHEREAS, Trustee is the developer of a hotel/motel built on real property immediately to the South of the Condominium Property, which land is more fully described on Exhibit "B" attached hereto (the "Trustee Property'); and WHEREAS, Condominium desires to declare, grant, create, reserve and impose a non- exclusive perpetual right, privilege and easement for parking in, over and upon the parking area located on the Condominium Property which is graphically depicted on Exhibit "C" attached hereto and within the property described in Exhibit "A" attached hereto for and in the use and benefit of the owners of units in the condominium developed by Trustee upon the property described on Exhibit "B ", and their members, guests and invitees; and WHEREAS, Trustee desires to declare, grant, create, reserve and impose a non - exclusive perpetual right, privilege and easement for ingress and egress and use in, over and upon the swimming pool and deck area together with access thereto as such may exist, from time to time, within the Trustee Property for the use and benefit of the owners in the Condominium Property, and their guests and invitees; and WHEREAS, the parties hereto desire that the rights, privileges, easements and covenants established by this Agreement shall be covenants running with the land and shall inure to the benefit of and be binding upon the parties hereto, their successors, assigns and members. NOW, THEREFORE, in consideration of Ten and no /100 Dollars ($10.00), the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Condominium and Trustee, their successors and assigns, intending to be legally bound hereby, agree as follows: The foregoing recitals are true and correct and an integral part of this Agreement. 2. Trustee further establishes, declares, grants, creates, reserves, and imposes a non- exclusive right, privilege and easement in, over and upon the walkways located on the Trustee Property for the specific purpose of providing access to, and the right to use in common with all of the owners, guests and invitees of the hotel/motel the swimming pool facilities located on the Trustee Property, for and in the use and benefit of the unit owners of the Condominium Property and their respective tenants, guests and invitees. The expense of maintaining the swimming pool shall be solely that of the owner of the Trustee Property. 3. Trustee, its successors and assigns, shall be charged with the duty and obligation of managing, insuring, maintaining, operating and repairing (including all necessary replacements or capital improvements) the walkways and swimming pool facilities which are the subject of this Agreement. 4. Unit owners in the Condominium Property, its members, tenants, guests and invitees, PINELLAS COUNTY FL OFF. REC. BK 16027 PG 1896 successors and assigns, shall have the right to use the swimming pool located on the Trustee Property for any and all purposes not inconsistent with the full enjoyment of the rights, privileges and easements established and granted herein, subject to the reasonable rules and regulations regarding the use of the swimming facilities applicable equally to the Unit Owners of the Trustee Property and the Condominium Property. 5. Condominium, for itself, its heirs, successors, assigns and purchasers, hereby declares, grants, creates, reserves and imposes a non - exclusive perpetual right, privilege and easement for parking in over upon the parking spaces located on the Condominium Property graphically depicted on Exhibit "C" attached hereto for the use and benefit of the unit owners in the Trustee Property, their successors, assigns, guests and invitees. 6. Notwithstanding anything to the contrary contained herein, the rights, privileges and easements hereby established and granted shall be subject to any reasonable restrictions, rules or regulations and restrictions which restrictions, rules and regulations shall be applied on a uniform basis to all owners of either property. 7. Each owner in any part of either property described herein shall be liable for the expenses of all maintenance, repair or replacement of any nature whatsoever to the parking, roadways, sidewalks or recreational facilities or other facilities which are the subject of this Agreement rendered necessary by such owner's negligence or careless act or by the negligence or careless act of any person under the control of such owner. 8. In the event of a failure by any of the parties hereto to comply with the terms of this Agreement, the aggrieved party shall be entitled to relief which shall include, but not be limited to, an action to recover money damages, injunctive relief, any other relief provided for in this Agreement, or any combination thereof, and any other relief afforded by a court of competent jurisdiction. 9. The failure of any party hereto to enforce any right, provision, privilege, covenant, condition or easement set forth in this Agreement shall not constitute a waiver of the right of such party to enforce such right provision, privilege, covenant, condition or easement in the future. All rights, remedies and privileges arising pursuant to this Agreement shall be cumulative, and the exercise of any one or more thereof shall not be deemed to be an election of remedies, nor shall it preclude the party exercising same from exercising any other right, remedy or privilege arising pursuant to this Agreement or at law or in equity. 10. The rights, privileges, easements, covenants, provisions and conditions contained in this Agreement are hereby declared to be severable and a finding by any court of competent jurisdiction that any ofthem or any clause, phrase or term hereof is void, unlawful or unenforceable shall not affect the validity or enforceability of any other right, privilege, easement, covenant, provision, clause, phrase or term hereof. 11. The rights, privileges and easements hereby established shall be appurtenant to and shall pass with the title to each unit owner of either property. 12. Notwithstanding anything to the contrary contained herein, no person or entity whatsoever shall have the right, power or authority to modify, move or terminate the rights, privileges, easements, covenants, provisions or conditions of this Agreement, in whole or in part, except in the form of an instrument joined in and executed by three- fourths of both the owners of the Condominium Property and the Trustee Property, such instrument to be executed and acknowledged in the manner required by law for the execution and acknowledgement of deeds and recorded in the Public Records of Pinellas County, Florida. 13. The non - exclusive, perpetual rights, privileges and easements created herein shall constitute covenants running with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 14. All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any applicable laws, specifically including, but not limited to, Chapter 718, Florida Statutes, and rules and regulations promulgated pursuant thereto, and all PINELLAS COUNTY FL OFF. REC. BK 16027 PG 1897 rights, powers and remedies contained herein are intended to be limited to the extent necessary so that they will not render this Agreement invalid or unenforceable. 15. In the event of any controversy, claims or disputes between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys' fees and costs. 16. Nothing contained herein shall be deemed to require the owner of the Trustee Property to continuously operate such swimming pool facilities. The owner of the Trustee Property may from time to time and for a reasonable period of time discontinue operation of the existing swimming pool facilities for purposes of repair and replacement, provided however no such discontinuance of operations of a swimming pool on the Trustee property shall terminate the rights of Condominium hereunder. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and date first above written. Signed, Sealed and Delivered in the Presence of- Wit-n=-#1 Q�� Print Name #1 O Witness #2 DEBORAH $ Print Name #2 LAIR STATE OF FLORIDA COUNTY OF PINELLAS DOCKSIDE CONDOMINIUM ASSOCIATION CLEARWATER BEACH, INC., a Florida non -profit corporation By: edro P. Benevides, President PEDRO P. BENEVIDES AS TRUSTEE OF THE DIVELLO LAND TRUST DATED AUGUST 10, 2004 Pedro P. Benevides, Trustee Before me, the undersigned, personally appeared Pedro P. Benevides, as President of Dockside Condominium Association Clearwater Beach, Inc., a Florida non -profit corporation who is personally known to me or who has produced W" Lv- P - as identification. 1 WITNESS my hand and official seal, thisZ S day of October, 2007. Notary Public My Commission Expires: t},Ap.T R 0 mni00ost5M 'h [SEAL] STATE OF FLORIDA des 120=o °- COUNTY OF PINELLAS . �............;•t.- ,.o-o Before me, the undersigned, personally appeared Pedro P. Benevides, as Trustee of the DiVello LandTrust Dated August 10, 2004 who is personally known to me or who has produced as identification. J WI Lo pad ojagial seal, this 23 day of October, 2007. — aoar.soocetam fim NjEry Public My Commission Expires: [SEAL] H:Uaw Offico FibsUCen Nseom�ItlFageIDOCKSD7EICONDO DRAF'IS1Shared Fa�alities Agceemwtdoc PINELLAS COUNTY FL OFF. REC. BK 16027 PG 1898 Bois KilEIN 4w STr&'uB INC PROFESSIONAL SURVEYORS AND MAPPERS ROAD No. 54 NEW PORT RICHEV. FLORIDA 34653 ,OFFICE: 727 - 534 -BI40 FAX: SKETCH AND LEGAL DESCRIPTION: EXHIBIT LEGAL DESCRIPTION, A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOTS 6. 7 AND 8 OF BAYSIDE SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' CAlOONGrTHE WESTELNEROFWSAID LOTSE4, 5FANDD6LA DISTANCE COFS 30.501 FEET '3TO THE , POINT OF BEGINNINGS THENCE SOUTH 77° 29'30" EAST, A DISTANCE OF 23.00 FEET; THENCE SOUTH 12.30'30" WEST, A DISTANCE OF 5.DD FEET; THENCE SOUTH 77° 29'30" EAST, A DISTANCE OF 62.00 FEET; THENCE SOUTH 12' 281301' WEST, A DISTANCE OF 57.57 FEET; THENCE SOUTH 77° 31'30" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 12' 28'30" WEST, A DISTANCE OF 109.67 FEET; THENCE NORTH 77'20'00" WEST, A DISTANCE OF 20.00 FEET,. THENCE SOUTH 126 34'30" WEST, A DISTANCE OF 23.33 FEET; THENCE NORTH 77° 25130" WEST, A DISTANCE OF 24.00 FEET; THENCE NORTH 12'341301, EAST, A DISTANCE OF 23.33 FEET; THENCE NORTH 77° 25'30" WEST, A DISTANCE OF 54.30 FEET; THENCE NORTH 12° 34'30 ".EAST, A DISTANCE OF 16.67 FEET; THENCE NORTH 77° 25'30" WEST, A DISTANCE OF 7.00 FEET; THENCE NORTH 12'3413011 EAST, A DISTANCE OF 24.00 FEET; THENCE SOUTH 77° 25'30" EAST, A DISTANCE OF 7.00 FEET; THENCE NORTH 12° 34'30" EAST, A DISTANCE OF- 20.00 FEET; THENCE SOUTH 77° 25130" EAST, A DISTANCE OF 36.26 FEET; THENCE NORTH 12° 28'30 ". EAST, A DISTANCE 20.97 FEET; THENCE SOUTH 77° 31'30" EAST, A DISTANCE OF 19.20 FEETS THENCE NORTH 12"28'3D" EAST, A DISTANCE OF 61.45 FEET; THENCE NORTH , '7 TO THE DISTANCE HE OF 62.32 FEET; THENCE NORTH 12,34,30" EAST, A DISTANCE OF 2912 F E CONTAINING 11,751 SQUARE FEET, OR 0.2698 ACRES MORE OR LESS. NOTESz BEARINGS _ 1. SUBDIVISION NDISTANCE SHOIWGHTO 7H£AMAPBOREPLAT HEREOF, HAVINGFALBEARING,OFF BAYS►DE SOUTH 12.34'30 WEST. 2 THUWNIONHSHEET OUNDARYASUR EYNUILTANDLVOIDLWiTH0UTS80THT5HEET5 .THE GRAPHIC DEPICTION AS 02/12/07 BRUCE A.KLEM DATE+ PROFESSIONAL S'SURVEYOR 90 MAPPER FLORIDA LICENSED No. PSM 5092 _ _ -- JOB No. 050001.10 DATE: 02/72/07 SHEETI 1 OF 2 SHEETS PHASE I- PINELLAS COUNTY FL OFF. REC. BK 16027 PG 1899 gL]EIN 8c Sr t9. LTB SUp VEYINO, )<NC PROFESSIONAL SURVEYORS AND MAPPERS COUNTY ROAD No• 54 NEW PORT RICHEY. FLORIDA 34653 OFFICE: 727 - 854 -914D FAX. T2T- 634 -B15D _ SKETCH AND LEGAL DESCRIPTION: E)OitBli LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DECRIBED AS FOLLOWS: LOTS 9, 10 AND 11 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT AND LY NGE BETWEEN LOTD 1D OF SADT COOLUMBIA 5 BDIV SIONDNo. 5, AND OF 1. E BLOCK A OF BAYSIDE SUBDIVISION No. 4, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 38. PAGES 38 -39 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING FURTHER DESCRIBED AS FOLLOWS, (THE FOLLOWING BEING ONE IN THE SAME9 BEGINNING AT THE NORTHWEST CORNER OF LOT 9 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: THENCE SOUTH 77° 25'30" EAST, ALONG THE NORTH LINE OF SAID LOT 9, A DISTANCE OF 120.00 FEET; THENCE SOUTH 12° 34 -30" WEST, A DISTANCE OF 24.41 FEET: THENCE SOUTH 54° 25'30" EAST, A DISTANCE OF 65.18 FEET TO THE WEST BOUNDARY OF SAID BAYSIDE SUBDIVISION NWEST o. 41 THENCETSOUTH ORTH30" R T. ALONG O S DLNE OF GULFDVEW B UILEVARCD; OF THENCE NORTH 54° 25'30" WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A THENCE NORTH 12° 34'30" EAST ALONG SAID EASTERLY GMT OFEWAY LINE A DRIVE DISTANCE OF 190.16 FEET TO THE POINT OF BEGINNING. CONTAINING 38,965 SQUARE FEET. OR 0.8945 ACRES MORE OR LESS. NOTES: 1. BEARINGS AND DISTANCE SHOWN HEREON ARE BASED ON THE WEST LINE OF LOTS 4 -8, OF BAYSIDE SUBDIVISION No. 5. ACCORDING TO THE MAP OR PLAT THEREOF. HAVING A BEARING OF SOUTH 12 034'30 "•WEST• 2 DEPICTIONOASASHOWN ONY SHEET E2�OFU2 ANDY IS NULL LAND SVOID TWITHOUT TBOTH RSHEETS. BRM A. KLEIN L � �P� . DATE. �O A a W5z -- PHASE Y- BOUNDARY lJOB No. 060001.8 DATE 02/12/07 SHEET= I OF 2 SHEETS PINELLAS COUNTY FL OFF. REC. BK 16027 PG 1900 7(>;LEIN , BT�UB gUH�VE�yNG. YNC PROFESSIONAL SURVEYORS AND MAPPERS (1016 OLD COUNTY ROAR No. 54 NEW PORT RI AND FLORIDA 4653 P7 IC : 727 -1134 5 -BtAO FA %s T27- 834-Bt50 j� EXHIBIT (' 1<I 0.0- LON I4 BAYgIpE cLI P.O.C. ORTHWEST CORNER IF LOT 4 BAYSIOE ' SUBDIVISION N0. 5 P.B. 31. PGS. 16 I ' P.O.B. --� 1N M _,� , 20.00' S77 N12134'3 S77° 577* 25' p 4j G J . P• A RKING *5 N77 2013 7 25' O'. W 5430, 16.67 N12° 34'30 E N2.33' 34130 "E 2400- 25 30 "W _s /_ a � Y � R J f. 0 LJ U to I 0 10 30 50 100 20 4Q 20.00' N77.° 20'00 "W 23.33' 34'30 "W NOTES: 1. SU�IVl 51 0N�Na 15SANACCOADlNGHTOETNEARMAPB EPLAT T ER OF. LINE AVING LOTS OF BAYSIDE SOUTH 12.3A 30' WEST. AS 2. THIS 15 NSHEETB�NDARYASURVEY. BUTAON YDIOGRAPHIIC EPICTION OF LEGAL DESCRIPTION PHASE 6 PARKING ACCESS EASEMENT JOB No. OSODOIID DATE: 02/12/ SHEET- 2 OF 2 SHEETS 20.00' S77'31130 E LEGENOs 119 LB 5N SED BUSINESS of lu . 1 PL AT P.S. 000% PPIG. PAGE PROFESSIONAL LICENSED LAND SURVEYOR P.G.B. w POINT OF BEGINNING PO NT OF COMMENCEMENT P.O.C. P 5µ PRESSIDNAL SURVEYOR AND MAPPER 20.00' N77.° 20'00 "W 23.33' 34'30 "W NOTES: 1. SU�IVl 51 0N�Na 15SANACCOADlNGHTOETNEARMAPB EPLAT T ER OF. LINE AVING LOTS OF BAYSIDE SOUTH 12.3A 30' WEST. AS 2. THIS 15 NSHEETB�NDARYASURVEY. BUTAON YDIOGRAPHIIC EPICTION OF LEGAL DESCRIPTION PHASE 6 PARKING ACCESS EASEMENT JOB No. OSODOIID DATE: 02/12/ SHEET- 2 OF 2 SHEETS K AIPPQAW yr "UU ACLUM W; Kent Runnells, P.A. 101 Main St., Suite A Safety Harbor, FL 34695 DECLARATION OF RESTRICTIONS THIS DECLARATION OF RESTRICTIONS is made this 2-2 day of Fr_- g, pi 2007, by - Fulvio DiVello, as Trustee of the DiVello .Land Trust dated August 10, 2004, hereinafter referred to as "Declarant." WITNESSETH WHEREAS, Declarant is the sole owner of certain lands in Pinellas County, Florida, more particularly described on Exhibit "A" attached hereto, and incorporated herein by reference, and called the "Property" in this Declaration; and WHEREAS, for a period of many years, all of the Property has been improved with a hotel facility, and used as an overnight accommodation use; and WHEREAS, Declarant has made application to the City of Clearwater, Florida Community Development Board ( "CDB') Application No. FLD2005 -05051 ("Application "), to change the lawfully permitted use of the Property to attached residential use ( "Residential Use"); and WHEREAS, pursuant to the Application, the CDB approved the use of the entire Property solely and exclusively as a Residential Use, (the "CDB. Approval ") and not for any Hotel Use on any part of the Property; and WHEREAS, notwithstanding such CDB Approval exclusively for Residential Use, Declarant now desires to continue to use a part of the Property (that part being more fully described in 'Exhibit "B" attached hereto and being incorporated herein by reference, and further being referred to herein as the "Hotel Parcel ") for a hotel use ( "Hotel Use "), into the foreseeable future, in lieu of Residential Use; and WHEREAS, by virtue of the fact that Declarant's current and desired continuation of such Hotel Use on the Hotel Parcel would be inconsistent with the. mandates of the Development Order issued in connection with Case No. FLD2005 -05051 (the "Development Order"), the City of Clearwater has not issued a Certificate of Occupancy ( "C.O. ") for Residential Use on that part Page 1 PINELI,AS COUNTY FL OFF. REC . BK 15648 PG 810 of the property currently improved with thirty-one (31) residential condominium units (which property is more fully described on Exhibit "C" attached hereto and incorporated herein by reference, and which is hereinafter referred to as the "Residential Parcel "), but has expressed its willingness to issue such C.O. as an . accommodation to Declarant in consideration of the obligations and undertakings of Declarant set forth herein; and WHEREAS, on January 16, 2007, pursuant to the request of the Declarant, the CDB did extend to February 16, 2008, the deadline for the Declarant to comply with the Development Order entered by the CDB pursuant to the Application, (the "Development Order") to allow time for the Declarant to amend its Application to request a Flexible Development Application to allow for the continued Hotel Use of the Hotel Parcel notwithstanding the requirements of the Development Order (the "Amended Application'); and WHEREAS, Declarant now desires to amend the Application to allow Declarant to continue to operate the Hotel Parcel as an overnight accommodation unless /until some other use -is approved; and WHEREAS, Declarant has not yet had the opportunity to bring before CDB its Amended Application requesting that the Hotel Use be allowed to continue; and WHEREAS, in order to allow for the City to issue the C.O. for the Residential Parcel while Declarant's Amended Application is pending, Declarant is willing to renounce prospectively certain rights with respect to the use of the Hotel Parcel, which rights include the right to construct on the Hotel Parcel fifty -two (52) attached residential condominium units, and Declarant is also willing to agree to all of the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the above recitals which are true and correct, and intending to be legally bound to the terms hereof, Declarant declares that the Hotel Parcel and Residential Parcel described above shall be held, sold and conveyed subject to the following conditions and restrictions, all of which are for the purpose of protecting. the value and desirability of the Hotel Parcel and the Residential Parcel, and all of which will run with the Property and be binding upon all persons having any right, title or interest therein, or of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns forever. ARTICLE I RESTRICTIONS ON USE OF THE PROPERTY Section 1.1. Declarant agrees to file, within sixty (60) days of the execution by Declarant and acceptance by the CDB of this Declaration of Restrictions, its Amended Application regarding the continued Hotel Use of the Hotel Parcel, and upon filing such Application Declarant shall make every reasonable effort to conclude the process of development approval within 120 days of application submittal, notwithstanding delay that may occur from time to time ororm Page 2 PINELLAS COUNTY FL OFF. REC. BK 15648 PG 811 due to star or project representative need for additional time to resolve issues which may arise. Said Application shall include, pursuant to Community Development Code Section 4- 202(6.), a description of the property which is the subject of the Application documenting that a property line has been established along.the .existing lot lines.. Section 1.2 In the event the CDB grants the Declarant's request under the Amended Application to allow for Hotel Use, then and in said event the Property shall henceforth, in perpetuity, be limited to such uses and densities as are allowed, from time to time, under all applicable zoning and land use laws, ordinances, rules and regulations promulgated by any Federal, State, County, Municipal or quasi - governmental agency having jurisdiction and control over such matters with respect to the Property, including, but not being limited to, the limitations on the density of residential condominium units set forth in the Development Order entered in connection with the Amended Application. Section 1.3.. Declarant acknowledges the existence of unresolved issues regarding the Hotel Use of the Hotel Parcel, including, but not being limited to, meeting all applicable parking, ingress and egress requirements, which requirements will be met by Declarant through one or more easement or joint use agreements with respect to and by and between the Hotel Parcel and the Residential Parcel. Section 1.4. In order to allow for the City to issue the C.O. for the Residential Parcel, Declarant hereby renounces prospectively certain rights with respect to the use of the Hotel Parcel, which rights include the right to construct on the Hotel Parcel fifty -two (52) attached residential condominium units. Declarant acknowledges that the restrictions on use hereby imposed will reduce considerably from fifty -two (52), to a number which may not be ascertainable at this time; but is estimated to be twenty -two (22), the number of attached residential condominium units which are allowed to be built, constructed and improved on the Hotel Parcel: In consideration of Declarant's deducting said units from the Hotel Parcel, Declarant is maintaining units on the Residential Parcel which were subject to the Termination of Nonconformity determination. Declarant shall continue to operate an overnight accommodation use on the Hotel Parcel unless and until some other use is approved. Section 1.5. In the event the CDB does not grant the rights requested under the Amended Application, or Declarant withdraws its Amended Application, then Declarant shall remain entitled to and vested under. all rights granted under the Development Order, and shall remain bound to the terms and conditions thereof, and this Declaration of Restrictions shall be null and void, save and except for any rights acknowledged or granted herein to the City of Clearwater to enforce its rules, laws, and ordinances with respect to the Property. Section 1.6. Upon the issuance of the C.O. for the condominium units on the Residential Parcel, there shall be no further rental of the ten (10) boat slips connected to the Property, and the use of said boat slips shall henceforth be limited to use by owners of said condominium units or by guests of the Hotel located on the Hotel Parcel; provided, however, that the Hotel Parcel guest use shall be limited to two of said slips, and that such limited use shall take effect twelve (12) CHmaXDTVtUoDoduWeLmmRe auauremft9fR sft c %w Page 3 i'INELLAS COUNTY FL OFF. REC. BK 15648 PG 812 months after the issuance of the C.O. The aforesaid limitations on the use of the boat slips shall be incorporated into the Amended Application and be subject to any required federal, state, and local approvals. ARTICLE II GENERAL PROVISIONS Section 2.1. Enforcement. The City of Clearwater, shall have the right to enforce, by any appropriate proceeding, all conditions and restrictions now or hereafter imposed by, or pursuant to, the provisions of this Declaration. Each party shall bear its own costs and expenses thus incurred, including reasonable attorneys' fees. for all trial and appellate proceedings, if any, in any Iitigation involving this Declaration. Section 2.2. Severability. Invalidation of any particular provision of this Declaration by judgment or court order will not affect any other provision, all of which will remain in full force and effect; provided, however, any court of competent jurisdiction is hereby empowered, to the extent practicable, to reform any otherwise invalid provision of this Declaration when necessary to avoid a finding of invalidity while otherwise effectuating Declarant's intent. Section 2.3. Compliance with Law. Declarant acknowledges that, whether or not the Amended Application shall be granted, the Property shall at all times be subject to all applicable laws, rules, ordinances, and regulations, and all lawful remedies, including but not limited to state and local law requirements concerning condominium development and code enforcement proceedings and penalties established thereunder. Section 2.4. Successors and Assi%Ms. Declarant declares that the Hotel Parcel and Residential Parcel described above shall be held, sold and conveyed subject to the conditions and restrictions stated in this Declaration of Restrictions, all of which are for the purpose of protecting the value and desirability of the Hotel Parcel and the Residential Parcel, and all of which will run with the Property and be binding upon all persons having any right, title or interest therein, or of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant; his successors and assigns forever. C*wUWVe0W0ekddeUM1PMVUWMWVCQf a Page 4 PINELLAS COUNTY FL OFF. REC. BK 15648 PG 813 IN WITNESS WHEREOF, Declarant has executed this Declaration the date stated above. 010 41A r.•.. .01 Mrs"M It �� :.. : �� � ....• is � � DECLARANT: J^ AM DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004 STATE OF FLORIDA ) COUNTY OF PINELLAS) The foregoing instrument was acknowledged before me this day of 2007, j by Fulvio DiVello, who is personally known to me or who produced as identification. quw-Mo - NOTARY PUBLIC — STATE OF FLORIDA My Commission Expires: MARIA GIONIS NOTARY PUBLIC - STATE OF FLORIDA COMMISSION N D0391333 MY COMMISSION EXPIRES JAN..31, 2008 ckoa�arv�onocrraao.o.n.orx�r�uo� Page 5 I #: 2007062431 BK: 15648 PG: 809, 02/22/2007 at 12:37 PM, RECORDING 10 PAGES $86.50 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKPR03 - - -' -- - ._ PINELLAS COUNTY FL OFF. REC. BK 15648 PG 814 EGAL DESCRUMON Lots 4, 5, 6, 7, 8, 9, 10 and 11, COLUMBIA SUBDIVISION) NO. 5. according to the map or plat thereof, as recorded in Plat book 31, Page 16, Public Records of Pinellas county, Florida, also that unplatted part of government lot four of Section B. Township 29 South, Range 15 Fast, described as follows: Begin at the Southeast comer of Lot Eleven (11), COLUMBIA SUBDIVISION NO. FIVE (5) and run thence South 54°25'30" east, sixty -five and eighteen hundredths (65.18) feet; thence North 12 °34'30" East, two hundred seventeen and twenty -seven hundredths (217.27) feet, thence North 54°25'30" West, sixty-five and eighteen hundredths (65.18) feet to the Easterly Nine of Lot Nine (9) of said Subdivision, thence South 12 °3410" two hundred seventeen and twenty seven hundredths (217.27) feet to the point of beginning. L- /3 / T x t"" Ove ,-q // ct /) PINELLAS COUNTY FL OFF. REC. BK 15648 PG 815 I�g.�IN & S r..&UB S1CTaV]EYI1SIG, INC PROFESSIONAL SURVEYORS AND MAPPERS 8016 OLD COUNTY ROAD No. 54 NEW PORT RICHEY. FLORIDA 34653 OFFICE: 727 -834 -8140 FAX: 727 -834 -8150 SKETCH AND LEGAL DESCRIPTION: EXHIBIT "A" LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DECRIBED AS FOLLOWS: LOTS 9. 10 AND 11 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 AND THAT PORTION OF LAND LYING: BETWEEN LOT 11 OF SAID COLUMBIA SUBDIVISION No. 5, AND LOT 1, BLOCK A OF BAYSIDE SUBDIVISION No. 4, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT. BOOK 38, PAGES 38 -39 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING FURTHER DESCRIBED AS FOLLOWS, (THE FOLLOWING BEING ONE IN THE SAME)* BEGINNING AT THE NORTHWEST CORNER OF LOT 9 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: THENCE SOUTH 77.25,30" EAST, ALONG THE NORTH LINE OF SAID LOT 9, A DISTANCE OF 120.00 FEET: THENCE SOUTH 12° 34'30" WEST, A DISTANCE OF 24.41 FEET: THENCE SOUTH 54° 25'30" EAST, A DISTANCE OF 65.18 FEET TO THE WEST BOUNDARY OF SAID BAYSIDE SUBDIVISION No. 4: THENCE SOUTH 12° 34'30" WEST. ALONG SAID WEST BOUNDARY, A DISTANCE OF 217.27 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF GULFVIEW BOULEVARD: THENCE NORTH 54° 25'30" WEST,- ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 195.54 FEET TO THE EASTERLY RIGHT -OF -WAY LINE OF HAMDEN DRIVE; THENCE NORTH 120 34'30" EAST, ALONG SAID EASTERLY RIGHT -OF -WAY LINE A DISTANCE OF 190.16 FEET TO THE POINT OF BEGINNING. CONTAINING 38,965 SQUARE FEET, OR 0.8945 ACRES MORE OR LESS. NOTES: 1. BEARINGS AND DISTANCE SHOWN HEREON ARE BASED ON THE WEST LINE OF LOTS 4 -84 OF BAYSIDE SUBDIVISION No. 5. ACCORDING TO THE MAP OR PLAT THEREOF. HAVING A BEARING OF SOUTH 12 °34'30" WEST. 2. THIS IS NOT A BOUNDARY SURVEY. BUT ONLY A LEGAL DESCRIPTION OF THE GRAPHIC DEPICTION AS SHOWN ON SHEET 2 OF 2 AND IS NULL AND VOID WITHOUT BOTH SHEETS. BRUCE A. KLEIN PROFESSIONAL SSURVEYOR AND MAPPER FLORIDA LICENSED No. PSM 5052 PHASE 11 - BOUNDARY Z15; H //,T/;r %'6 1 . DATE= JOB No. 060001.8 I DATE: 02/12/071 SHEET: 1 OF 2 SHEETS PINELLAS COUNTY FL OFF. REC. BK 15648 PG 816 KuIEiN 6 OLD COUNTY ROAD No. 54 j IJ w�-w' 8z S9PA7E-TB STTRV EYING, INC PROFESSIONAL SURVEYORS AND MAPPERS NEW PORT RICHEY. FLORIDA 34653 OFFICE: 727 -834 -8140 FAX: 727 - 834 -8150 SKETCH AND LEGAL DESCRIPTION: EXHIBIT "A" EASE MTEN QJT Y T-r v COT 3 S 770 2S ,30., --12 0.00' f j V6 I �y PROPOSED z PH Di L 3 r o t !} I � r O ! N i I„ , r & Cly r N t cu 0 N z r 8q ySJ,Df r r ( p•8. 27, pJCS 1p4 IV 3 Ir : Sf T 0 DOCK It P. e. BgCPC- J16 CL f qUN C A R HARBOR _ ED _ s 23430 .,W -- - ss ss. r8. 4 25,30 „f LEGEND: (D) (P) P.B. PG. ,P.O.B. = DEED = MEASURED = PLAT = PLAT BOOK = PAGE = POINT OF BEGINNING 0 o COT BAY SIDE SU BL OCK P.a. 38. PCsJ3g 3g o 4 0 0 20 60 100 200 NOTES: 40 80 1. BEARINGS AND DISTANCE SHOWN HEREON ARE BASED ON THE WEST LINE OF LOTS 4 -8. OF BAYSIDE SUBDIVISION No. 5. ACCORDING TO THE MAP OR PLAT THEREOF. HAVING A BEARING OF SOUTH 12 °34'30" WEST. 2. THIS IS NOT A BOUNDARY SURVEY. BUT ONLY A GRAPHIC DEPICTION OF THE LEGAL DESCRIPTION AS SHOWN ON SHEET 1 OF 2 AND IS NULL AND VOID WITHOUT BOTH SHEETS. PHASE II - BOUNDARY JOB No. 060001.8 DATE, 02/12/07 SHEET: 2 OF 2 SHEETS_ �i d P.O.B. N%f a NORTHWEST ui CO4 I �i CORNER OF LOT 9 S77025 130 j V6 I �y PROPOSED z PH Di L 3 r o t !} I � r O ! N i I„ , r & Cly r N t cu 0 N z r 8q ySJ,Df r r ( p•8. 27, pJCS 1p4 IV 3 Ir : Sf T 0 DOCK It P. e. BgCPC- J16 CL f qUN C A R HARBOR _ ED _ s 23430 .,W -- - ss ss. r8. 4 25,30 „f LEGEND: (D) (P) P.B. PG. ,P.O.B. = DEED = MEASURED = PLAT = PLAT BOOK = PAGE = POINT OF BEGINNING 0 o COT BAY SIDE SU BL OCK P.a. 38. PCsJ3g 3g o 4 0 0 20 60 100 200 NOTES: 40 80 1. BEARINGS AND DISTANCE SHOWN HEREON ARE BASED ON THE WEST LINE OF LOTS 4 -8. OF BAYSIDE SUBDIVISION No. 5. ACCORDING TO THE MAP OR PLAT THEREOF. HAVING A BEARING OF SOUTH 12 °34'30" WEST. 2. THIS IS NOT A BOUNDARY SURVEY. BUT ONLY A GRAPHIC DEPICTION OF THE LEGAL DESCRIPTION AS SHOWN ON SHEET 1 OF 2 AND IS NULL AND VOID WITHOUT BOTH SHEETS. PHASE II - BOUNDARY JOB No. 060001.8 DATE, 02/12/07 SHEET: 2 OF 2 SHEETS_ ePINELLAS COUNTY FL OFF. REC. BK 15648 PG 817 I�Y.�IN ar S'I'AtTIE& STJRVEYIN0, INC PROFESSIONAL SURVEYORS AND MAPPERS 8016 OLD COUNTY ROAD No. 54 NEW PORT RICHEY. FLORIDA 34653 OFFICE: 727 -834 -8140 FAX: 727- 834 -8150 SKETCH AND LEGAL DESCRIPTION: EXHIBIT "A" DOCKSIDE - A CONDOMINIUM LEGAL -DESCR I PT ION: PHASE I LEGAL DESCRIPTION: rske -A4 a//'Qc/zei✓ of C- ) A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY 'DESCRIBED AS FOLLOWS; LOTS 4, 5, 6, 7 AND 8 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC REORDS OF PINELLAS COUNTY, FLORIDA. BEING FURTHER DESCRIBED AS, (THE FOLLOWING BEING ONE IN THE SAME): BEGINNING AT THE SOUTHWEST CORNER OF LOT 8 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: THENCE NORTH 12° 34'30" EAST, ALONG THE EASTERLY RIGHT -OF -WAY LINE OF HAMDEN DRIVE, BEING A 60.00 FOOT RIGHT -OF -WAY, A DISTANCE OF 325.00 FEET: THENCE SOUTH 77° 25'30" EAST, ALONG THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 219.50 FEET: THENCE SOUTH 12° 34'30" WEST, A DISTANCE OF 347.90 FEET: THENCE NORTH 77° 25'30" WEST, A DISTANCE OF 35.00 FEET. THENCE NORTH 32,25'30" WEST, A DISTANCE OF 32.39 FEET TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 8: THENCE NORTH 77° 25'30" WEST, ALONG THE EASTERLY EXTENSION OF SAIDD LOT 8, A DISTANCE OF 161.60 FEET TO THE POINT -OF BEGINNING. CONTAINING 72,401 SQUARE FEET, OR 1.6621 ACRES MORE OR LESS. /r ^ II �x /f //3 /T L . BRUCE A_ KLEIN PROFESSIONAL SSURVEYOR AND MAPPER FLORIDA LICENSED No. PSM 5052 PHASE I - BOUNDARY Unit- JOB No. 060001.9 JDATE. 02 /12 /071SHEET: IOF 2 SHEETS 11 •PINELLAS COUNTY FL OFF. REC. BK 15648 PG 818 I�IL.EIN �c ��Ag.T� S�iJ�V]E�'IN(.i, INC PROFESSIONAL SURVEYORS AND MAPPERS 8016 OLD COUNTY ROAD No. 54 NEW PORT RICHEY. FLORIDA 34653 OFFICE: 727 -834 -8140 FAX: 727 - 834 -8150 SKETCH AND LEGAL DESCRIPTION: EXHIBIT "A" / 1 ,l Qom. 2* D' v rl EgSEME�TY LOT 3 ; SAYS/DE S77o 25'3p,.E P B 2 BDIV1510N 21g.5p, . PGS. 4 NO. 3 W / 0 32.39' j n N32° 25'30 "W 1 1 � 1 PROP 1 I p gis�NGD / u 0 rn SETBACK OCK i P.R. 31,p GLlF 2 Z. CL EARWAT _5 UNP� q r ED e0R 5 LEGEND: 8-- (D) = DEED / = MEASURED �J Qj ) = PLAT 10� P.B. = PLAT BOOK PG. PAGE tv � ti . N = POINT OF BEGINNING ' 35.00' !C3 i o 0 N er N1 j P.O.B. c SOUTHWEST % CORNER OF LOT 8 W / 0 32.39' j n N32° 25'30 "W 1 1 � 1 PROP 1 I p gis�NGD / u 0 rn SETBACK OCK i P.R. 31,p GLlF 2 Z. CL EARWAT _5 UNP� q r ED e0R 5 LEGEND: 8-- (D) = DEED (M) = MEASURED _ 9 (P) = PLAT 10� P.B. = PLAT BOOK PG. PAGE P.O.B. = POINT OF BEGINNING ' 35.00' 770 25'30 "W o 0 N j BAYSIDET �. BLOCK w CCI�,� 4SAR�c \ 1 P'8- 38UpDIVlS >V Q Lj '�q'�"T �• 1 GS• 3g-39 °- 4 -Q,QO 0 20 60 100 200 NOTES: G- -c �� ItTl e• _ / '' 40 80 1. BEARINGS AND DISTANCE SHOWN HEREON ARE BASED ON THE WEST LINE OF LOTS 4 -81 OF BAYSIDE SUBDIVISION No. 5. ACCORDING TO THE MAP OR PLAT THEREOF. HAVING A BEARING OF SOUTH 12 °34'30" WEST. 2. THIS IS NOT A BOUNDARY SURVEY. BUT ONLY A GRAPHIC DEPICTION OF THE LEGAL DESCRIPTION AS SHOWN ON SHEET 1 OF 2 AND IS.NULL ANO VOID WITHOUT BOTH SHEETS. PHASE I- BOUNDARY JOB No. 060001.9 1 DATE: 02/12/07 SHEET= 2 OF 2 SHEETS Page 1 of 1 0 0 Wells, Wayne From: Larry Frederick [Irfrederick @gmail.com] Sent: Friday, April 18, 2008 10:18 AM To: Wells, Wayne Subject: Dockside. Condo Docs Hello Wayne,. Here are the condo docs I promised you. Thank again for all your help. with these issues I'm trying to rectify. I look forward to meeting with you on Monday Regards, Larry Frederick (813) 810 -7613 Cell (813) 200 -1607 Fax Email: _LRFrcdcri.ck(a-�mail_.com . 5/12/2008 Prepared by and Return to: KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA Kenneth G. Arsenault, Jr., Esquire INST# 2007343557 10/24/2007 at 10:56 AM Arsenault Law Group, P.A. OFF REC BK: 16027 PG: 1829 -1894 10225 Ulmerton Road, Suite 2 DocType :CONDO RECORDING: $562.50 Largo, Florida 33771 DECLARATION OF DOCKSIDE, A CONDOMINIUM PEDRO P. BENEVIDES AS TRUSTEE OF THE DIVELLO LAND TRUST DATED AUGUST 10, 2004, ( "Developer "), hereby declares: 1. Introduction and Submission 1.1 The Land. The Developer owns the fee title to certain land located in Pinellas County, Florida, as more particularly described in Exhibit "1" annexed hereto (the "Land "). 1.2 Submission Statement. The Developer hereby submits the Land described in Exhibit "1" and all improvements erected or to be erected thereon to the condominium form of ownership and use in the manner provided for in the Florida Condominium Act as it exists on the date hereof and as it may be hereafter amended. Without limiting any of the foregoing, no property, not located within or upon the Land in Exhibit "1" as aforesaid shall for any purposes be deemed part of the Condominium or be subject to the jurisdiction of the Association, the operation and effect of the Florida Condominium Act or any rules or regulations promulgated pursuant thereto. i.3. Name. The name by which this Condominium is to be identified is DOCKSIDE, A CONDOMINIUM (hereinafter called the "Condominium "). 2. Definitions. The following terms when used in this Declaration and in its exhibits, and as it and they may hereafter be amended, shall have the respective meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: 2.1 "Act" means the Condominium Act (Chapter 718 of the Florida Statutes) as it exists on the date hereof and as may be hereafter amended. 2.2 "Articles" or "Articles of Incorporation" means the Articles of Incorporation of o the Association, as amended from time to time. �s 1c a 'L 2.3 "Assessment" means a share of the funds required for the payment of Common � a Expenses which from time to time is assessed against the Unit Owner. 2.4 "Association" "Condominium Association" DOCKSIDE or means CONDOMINIUM ASSOCIATION CLEARWATER BEACH, INC., a Florida w o --a corporation not for profit, the sole entity responsible for the operation of the o d Condominium. —00 2.5 "Association Property" means the property, real and personal, title to which g` ownership of is vested in the Association for use and benefit of its members. o� o o 2.6 'Building" means the structure (s) in which the Units and the Common x, z Uj �dqQ Elements are located, regardless of the number of such structures, which are located on the Condominium Property. 2.7 "By- Laws" mean the By -Laws of the Association, as amended from time to time. 2.8 "Common Elements" mean and include: (a) The portions of the Condominium Property which are not included within the Units. (b) Easements through Units for conduits, ducts, plumbing, wiring and other facilities for the famishing of utility and other services to Units and the Common Elements. (c) An easement of support in every portion of a Unit which contributes to the support of the Building. (d) The property and installations required for the furnishing of utilities and other services to more than one Unit or to the Common Elements. (e) Any other parts of the Condominium Property designated as Common Elements in this Declaration. (fj Although the Developer has no present intention of doing so, it reserves the right at any time to expand or add to any of the above described Common Elements and to include such other facilities as the Developer deems appropriate. The consent of the Unit Owners or the Association shall not be required for any such construction or exclusion. No party is obligated, however, to so expand the facilities or provide additional facilities. 2.9 "Common Expenses" means all expenses and assessments which are properly incurred by the Association for the Condominium. 2.10 "Common Surplus" means the excess of all receipts of the Association collected on behalf of the Association, including, but not limited to, Assessments, rents, profits and revenues on account of the Common Elements, over the amount of Common Expenses. 2.11 "Condominium Parcel" means a Unit together with the undivided share in the Common Elements which is appurtenant to said Unit; and when the context permits, the term includes all other appurtenances to the Unit. 2.12 "Condominium Property" means the land, improvements and other property described in Section 1.2 hereof, subject to the limitations thereof and exclusions therefrom. 2.13 "County" means the County of Pinellas, State of Florida. 2.14 "Declaration" or "Declaration of Condominium" means this instrument, as it may be amended from time to time. 2.15 "Developer" means PEDRO P. BENEVIDES AS TRUSTEE OF THE DIVELLO LAND TRUST DATED AUGUST 10, 2004, its successors and such of its assigns as to which its rights hereunder are assigned by written instrument recorded in the Public Records of the County. Such assignment may be made on an exclusive or non - exclusive basis and may be an assignment of all or only portions of its rights as Developer hereunder; provided, however, that no such assignment shall make any assignee the "Developer" for purposes hereof unless such assignment is an assignment of all of Developer's rights hereunder and is exclusive, except as to any previously assigned rights. 2.16 "Improvements" means all structures and artificial changes to the natural environment (exclusive of landscaping) located on the Condominium Property, including, but not limited to, the Building. 2.17 "Institutional First Mortgagee" means a bank, savings and loan association, insurance company, real estate or mortgage investment trust, pension fund, an agency of the United States Government, mortgage banker, the Federal National Mortgage Association ( "FNMA "), the Federal Home Loan Mortgage Corporation ( "FHLMC ") or any other lender generally recognized as an institutional lender, or the Developer, holding a first mortgage on a Unit or Units. A "Majority of Institutional First Mortgagees" shall mean and refer to Institutional First Mortgagees of Units to which at least fifty -one percent (51 %) of the voting interests of Units subject to mortgages held by Institutional First Mortgagees are appurtenant. 2.18 "Limited Common Elements" means those Common Elements the use of which is reserved to a certain Unit to the exclusion of other Units, as specified herein. References to Common Elements shall include Limited Common Elements unless the context would prohibit or it is otherwise provided. 2.19 "Primary Institutional First Mortgagee" means the Institutional First Mortgagee which owns, at the relevant time, Unit mortgages securing a greater aggregate indebtedness than is owed to any other Institutional First Mortgagee. 2.20 "Unit" means a part of the Condominium Property which is subject to exclusive ownership. 2.21 "Unit Owner" or "Owner of a Unit" or "Owner" means a record Owner of legal title to a Condominium Parcel. Description of Condominium. 3.1 Identification of Units. The Land has constructed thereon One Residential Building containing 31 Units. Each such Unit is identified by a separate numerical designation. The designation of such Units is set forth on Exhibit "2" attached hereto. Exhibit "2" consists of a survey of the Land, a graphic description of the Improvements located thereon, including, but not limited to, the Building in which the Units are located, and a plot plan thereof. Said Exhibit "2 ", together with this Declaration, is sufficient in detail to identify the Common Elements and each Unit and their relative locations and dimensions. There shall pass with a Unit as appurtenances thereto (a) an undivided share in the Common Elements and Common Surplus; (b) the exclusive right to use such portion of the Common Elements as may be provided in this Declaration, including, without limitation, the right to transfer such right to other Units or Unit Owners; (c) the exclusive easement for the use of the airspace occupied by the Unit as it exists at any particular time and as the Unit may lawfully be altered or reconstructed from time to time, provided that an easement in airspace which is vacated shall be terminated automatically; (d) membership in the Association with the full voting rights appurtenant thereto; and (e) other appurtenances as may be provided by this Declaration or the Act. 3.2 Unit Boundaries. Each unit shall include that part of the Building containing the Unit that lies within the following boundaries: (a) Upper and Lower Boundaries. The upper and lower boundaries of the Unit shall be the following boundaries extended to their planar intersections with the perimetrical boundaries: (i) Upper Boundaries. The horizontal plane of the unfinished lower surface of the ceiling. (ii) Lower Boundaries. The horizontal plane of the unfinished upper surface of the floor of the Unit. (b) Perimetrical Boundaries.. The perimetrical boundaries of the Unit shall be the vertical planes of the unfinished interior surfaces of the walls bounding the Unit extended.to their planar intersections with each other and with the upper and lower boundaries. (c) Apertures. Where there are apertures in any boundary, including, but not limited to, windows, doors, bay windows and skylights, such . boundaries shall be extended to include the windows, doors and other fixtures located in such apertures, including all frameworks thereof, provided, however, that exterior surfaces made of glass or other transparent material, and the exteriors of doors, shall not be included in the boundaries of the Unit and shall therefore be Common Elements. (d) Exceptions. In cases not specifically covered above, and /or in any case of conflict or ambiguity, the survey of the Units set forth as Exhibit "2" hereto shall control in determining the boundaries of a Unit, except that the provisions of Section 3.2(c) above shall control unless specifically depicted otherwise on such survey. 3.3 Limited Common Elements. Each Unit may have as Limited Common Elements appurtenant thereto, the exclusive right to use such Limited Common Elements subject to the terms hereof. (a) Balconies. Any balcony as to which direct and exclusive access shall be afforded to any particular Unit to the exclusion of all others, shall be a Limited Common Element of such Unit. (b) Parking maces. Each Unit shall be assigned by the Developer, at least one (1) Parking Space located on the Common Elements. The location of the vertical plane of the centerline of the line shown on Exhibit "2" as designated or constructed by the Developer shall be the common boundary between the adjoining Parking Spaces. Parking Spaces shall initially be assigned by the Developer. Unit Owners may not assign nor allow use of a Parking Space to or by any person or entity who is not a Unit Owner. EACH UNIT OWNER ACKNOWLEDGES AND AGREES THAT THE PARKING FACILITIES MAY BE LOCATED BELOW FEDERAL FLOOD PLAIN OR IN A FLOOD PRONE AREA, AND ACCORDINGLY IN THE EVENT OF FLOODING, ANY AUTOMOBILES AND /OR PERSONAL PROPETY STORED THEREIN IS SUSCEPTIBLE TO WATER DAMAGE. ADDITIONALLY, INSURANCE RATES, BOTH FOR THE ASSOCIATION IN INSURING THE PARKING FACILITIES AND FOR OWNERS, MAY BE HIGHER THAN NORMAL. BY ACQUIRING TITLE TO, OR TAKING POSSESSION OF A UNIT, OR ACCEPTING THE ASSIGNMENT OF A PARKING SPACE(S), EACH OWNER, FOR SUCH OWNER AND THE OWNER'S TENANTS, GUESTS AND INVITEES, HEREBY EXPRESSLY ASSUMES ANY RESPONSIBILITY FOR LOSS, DAMAGE OR LIABILITY RESULTING THEREFROM. 3.4 Easements. The following easements are hereby created (in addition to any easements created under the Act): (a) Support. Each Unit shall have an easement of support and of necessity and shall be subject to an easement of support and necessity in favor of all other Units, and the Common Elements. (b) Utility and Other Services; Drainage. Easements are reserved under, through and over the Condominium Property as may be required from time to time for utility, cable television, a master antenna television system, communications and security systems, or other services or drainage facilities or the use of these easements. The Association shall have the irrevocable right of access to each Unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any Common Elements, or of any portion of a Unit to be maintained by the .Association pursuant to the terms hereof, or as necessary to prevent damage to the Common Elements or any Unit. (c) Encroachments. If (a) any portion of the Common Elements encroaches upon any Unit; (b) any Unit encroaches upon any other Unit or upon any portion of the Common Elements; or (c) any encroachment shall hereafter occur as a result of (i) construction of the Improvements; (ii) settling or shifting of the Improvements; (iii) any alteration or repair to the Common Elements made by or with the consent of the Association or Developer, as appropriate, or (iv) any repair or restoration of the Improvements (or any portion thereof) or any Unit after damage by fire or other casualty or any taking by condemnation or eminent domain proceedings of all or any portion of any Unit or the Common Elements, then, in any such event, a valid easement shall exist for such encroachment and for the maintenance of the same so long as the Improvements shall stand. (d) Ingress and Egress. A non - exclusive easement in favor of each Unit Owner and resident, their guests and invitees, shall exist for pedestrian traffic over, through and across sidewalks, streets, paths, walks and other portions of the Common Elements as from time to time may be intended and designated for such purposes and use; and for vehicular and pedestrian traffic over; through and across such portions of the Common Elements as from time to time may be paved and intended for such purposes. None of the easements specified in this subparagraph (d) shall be encumbered by any leasehold or lien other than those on the Condominium Parcels. Any such lien encumbering such easements (other than those on Condominium Parcels) automatically shall be subordinate to the rights of Unit Owners and the Association with respect to such easements. (e) Construction; Maintenance. The Developer (including its designees, contractors, successors and assigns) shall have the right, in its (and their) sole discretion from time to time, to enter the Condominium Property and take all other action necessary or convenient for the purpose of completing the construction thereof, or any Improvements or Units located or to be located thereon, and for repair, replacement and maintenance purposes or where the Developer, in its sole discretion, determines that it is required or desires to do so. (f) Sales Activity. For as long as the Developer is offering Units for sale in the ordinary course of business, the Developer, its designees, successors and assigns, shall have the right to use any such Units and parts of the Common Elements for guest accommodations, model apartments and sales, management and construction offices, to. show model Units and the Common Elements to prospective purchasers and to erect on the Condominium Property signs and other promotional material to advertise Units for sale or lease. The Lobby and other open rooms, located on the first level may be used by the Developer as a sales center until all units have been conveyed to purchasers, and then shall be available to Owners, and their guests and invitees for a meeting/leisure room. This paragraph shall not be amended without the consent of the Developer. (g) Association. The Association shall have an easement of access . over, under and through the Condominium Property for the purpose of performing its functions pursuant to the Declaration. (h) Additional Easements. The Developer (as long as it is offering Units for sale in the ordinary course of business) and-the Association, on their behalf and on behalf of all Unit Owners (each of whom hereby appoints the Developer and the Association as its attorney -in -fact for this purpose), each shall have the right to grant such additional general ( "blanket ") and specific electric, gas or other utility, cable television, security systems, communications or service easements (and appropriate bills of sale for equipment, conduits, pipes, lines and similar installations pertaining thereto), or relocate any such existing easements or drainage facilities, in any portion of the Condominium Property, and to grant access easements or relocate existing access easements in any portion of the Condominium or Association Property, as the Developer or the Association shall deem necessary or desirable for the proper operation and maintenance of the Improvements, or any portion thereof, or for the general health or welfare or the Unit Owners, or for the purpose of carrying out any provisions of this Declaration, provided that such easements or the relocation of existing easements will not prevent or unreasonably interfere with the reasonable use of the Units for dwelling purposes. (i) Dock Easements. The Developer or a related business entity may purchase or lease adjacent submerged lands located next to the seawall shown on the Plot Plan (Exhibit "2" to the Declaration). The Developer reserves to itself and its successors and assigns as the owner of the real property described on Exhibit "6" attached hereto the right, in its (and their) sole discretion from time to time, to enter and use the Condominium Property for the following purposes: (i) access to the adjacent submerged land (ii) construction installation and maintenance of utility services for the boat slips and dock (iii) construction installation and maintenance of boat slip and dock facilities and (iv) staging area and contractor parking. This paragraph will not be amended without the consent of the Developer. 4. Restraint Upon Separation and Partition of Common Elements. The undivided share in the Common Elements and Common Surplus which is appurtenant to a Unit, shall not be separated therefrom and shall pass with the title to the Unit, whether or not separately described. The appurtenant share in the Common Elements and Common Surplus, except as elsewhere herein provided to the contrary, cannot be conveyed or encumbered except together with the Unit. The respective shares in the Common Elements appurtenant to Units shall remain undivided, and no action for partition of the Common Elements, the Condominium Property, or any part thereof, shall lie, except as provided herein with respect to termination of the Condominium. Ownership of Common Elements and Common Surplus and Share of Common Expenses; Voting Rights. 5.1 Percentage Ownership and Shares. Upon recordation of this Declaration, each Unit shall have an undivided share in the ownership of the Common Elements and Common Surplus and the share of the Common Expense equal to one thirty first (1/3151). This calculation was undertaken to establish a fair and equitable method of assessments for each Unit. Every purchaser agrees to be bound by said calculations, and hereby irrevocably waives the right to assert that such calculations were unfair or in error. 5.2 Voting. Each Unit Owner shall be a member of the Association. Each Unit shall be entitled to one (1) vote to be cast by its Owner in accordance with the provisions of the By -Laws and Articles of the Association. Any two (2) Units which have been combined into one (1) combined Unit shall be deemed to be two (2) Units (as if they had not been so combined) and shall therefore be entitled to two (2) votes to be cast by its Owner. In such event, the provisions of 718.110, Florida Statutes, shall first be met. Amendments. Except as elsewhere provided herein, amendments may be effected as follows: 6.1 By The Association. Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which the proposed amendment is to be considered. An amendment may be proposed either by a majority of the Board of Directors or by not less than one -third (1/3) of the members of the Association. Except as elsewhere provided, approvals of proposed amendments must be by affirmative vote of Unit Owners owning in excess of two -thirds (2/3) of the Units. Directors and members not present in person or by proxy at the meeting considering the amendment may express their approval or disapproval in writing, provided that such approval or disapproval is delivered to the secretary at or prior to the meeting, however such approval or disapproval may not be used as a vote for or against the action taken and may not be used for the purpose of creating a quorum. 6.2 By The Developer or The Association for Omissions and Errors. Pursuant to Section 718.110 (9) and 718.110 (2) Florida Statutes, the Developer, without a vote of Unit owners, or the Association upon a vote of a majority of the voting interests, may amend the Declaration, the Articles or the By -Laws of the Association to correct an omission or error, or effect any other amendment, except that this procedure for amendment cannot be used if such an amendment would materially and adversely affect substantial property rights of Unit Owners, unless the affected Unit Owners consent thereto. Notwithstanding anything herein contained to the contrary, during the time the Developer has the right to elect a majority of Board Directors of the Association, the Declaration, the Articles of Incorporation or the By -Laws of the Association may be amended by the Developer alone, without requiring the consent of any other party, to effect any change whatsoever, except for an amendment: (a) to permit time -share estates (which must be approved by all Unit Owners and mortgagees on Units); or (b) to effect a Material Amendment which must be approved in the manner set forth in Section 6.4 below. The unilateral amendment right set forth herein shall include, without limitation, the right to correct scrivener's errors. No amendment may be adopted which would eliminate, modify, prejudice, abridge or otherwise adversely affect any rights, benefits, privileges or priorities granted or reserved to the Developer, without the consent of the Developer in each instance. 6.3 Execution and Recording. An amendment, other than amendments made by the Developer alone pursuant to the Act or this Declaration, shall be evidenced by a certificate of the Association which shall include recording data i identifying the Declaration and shall be executed either by the President of the Association or a majority of the members of the Board of Directors and shall be executed with the same formalities required for the execution of a deed. Amendments by the Developer must be evidenced by a similar certificate executed by the Developer alone. An amendment to the Declaration is effective when the applicable amendment is properly recorded in the public records of the County. 6.4 Proviso. Unless otherwise provided specifically to the contrary in this Declaration, no amendment shall change the configuration or size of any Unit in any material fashion, materially alter or modify the appurtenances to any Unit, or change the percentage by which the Owner of a Unit shares the Common Expenses and owns the Common Elements and Common Surplus, (any such change or alteration being a "Material Amendment ") unless all Owner(s) thereof and all record owner of mortgages or other liens thereon, shall join in the execution of the amendment and the amendment is otherwise approved by in excess of 2/3 or more of the voting interests of Unit Owners. No amendment may be adopted which would eliminate, modify, prejudice, abridge or otherwise adversely affect any rights, benefits, privileges or priorities granted or reserved to the Developer or mortgagees in each instance; nor shall an amendment make any change in the sections hereof entitled "Insurance ", "Reconstruction or Repair after Casualty", or "Condemnation" unless the Primary Institutional First Mortgagee shall join in the amendment. The provisions of this paragraph of Section 6.4 may not be amended in any manner without the approval of not less than four -fifths of the voting interests. No provision of this Declaration shall be revised or amended by reference to its title or number only. Proposals to amend existing provisions of this Declaration shall contain the full text of the provision to be amended; new words shall be inserted in the text underlined; and words to be deleted shall be lined through with hyphens. However, if the proposed change is so extensive that this procedure would hinder, rather than assist, the understanding of the proposed amendment, it is not necessary to use underlining and hyphens as indicators of words added or deleted, but, instead, a notation must be inserted immediately preceding the proposed amendment in substantially the following language: "Substantial rewording of Declaration. See Provision for the present text." Non - material errors or omissions in the amendment process shall not invalidate an otherwise properly promulgated amendment. The acquisition of property by the Association, material alterations or substantial additions to such property or the Common Elements by the Association and installation, replacement, operation, repair and maintenance of approved hurricane shutters, if in accordance with the provisions of this Declaration, shall not be deemed to constitute a material alteration or modification of the appurtenances of the Units, and accordingly, shall not constitute a Material Amendment. 7. Maintenance and Repairs 7.1 Units and Limited Common Elements. All maintenance, repairs and replacements of, in or to any Unit and Limited Common Elements appurtenant thereto, whether structural or nonstructural, ordinary or extraordinary, including, without limitation, maintenance, repair and replacement of screens, screen enclosures, windows, the interior side of the entrance door and all other doors within or affording access to a Unit, and the electrical (including wiring), plumbing (including fixtures and connections), heating and air- conditioning equipment, fixtures and outlets, appliances, carpets and other floor coverings, all interior surfaces and the entire interior of the Unit lying within the boundaries of the Unit or other property belonging to the Unit Owner, shall be performed by the Owner of such Unit at the Unit Owner's sole cost and expense, except as to the maintenance of the Parking Spaces, Patios, Courtyards and Balconies although Limited Common Elements, shall be maintained by the Association. 7.2 Common Elements. Except to the extent (i) expressly provided to the contrary herein, or (ii) proceeds of insurance are made available therefor, all maintenance, repairs and replacements in or to the Common Elements shall be performed by the Association and the cost and expense thereof shall be charged to all Unit Owners as a Common Expense, except to the extent arising from or necessitated by the negligence, misuse or neglect of specific Unit Owners, in which case such cost and expense shall be paid solely by such Unit Owners. Additions, Alterations or Improvements by the Association Whenever in the judgment of the Board of Directors, the Common Elements, or any part thereof, shall require capital additions, alterations or improvements (as distinguished from repairs and replacements) costing in excess of $10,000 in the aggregate in any calendar year, the Association may proceed with such additions, alterations or improvements only if the making of such additions, alterations or improvements shall have been approved by a majority of the Units represented at a meeting at which a quorum is attained. Any such additions, alterations or improvements to such Common Elements, or any part thereof, costing in the aggregate $10,000 or less in a calendar year may be made by the Association without approval of the Unit Owners. The cost and expense of any such additions, alterations or improvements to such Common Elements shall be as a "Capital Improvement Assessment" of the Unit Owners as provided in Section 12.2 hereof. For purposes of this section, "aggregate in any calendar year" shall include the total debt incurred in that year, if such debt is incurred to perform the above - stated purposes, regardless of whether the repayment of any part of that debt is made beyond that year. Additions, Alterations or Improvements by Unit Owner/Developer 9.1 Consent of the Board of Directors. No Unit Owner shall make any addition, alteration or improvement in or to the Common Elements, his Unit or any Limited Common Element without the prior written consent of the Board of Directors, provided that the Board of Directors shall not withhold its consent to the installation of hurricane shutters, window film or laminated glass, as long as same have a character, location and other attributes approved by the Board. The Board shall have the obligation to answer any written request by a Unit Owner for approval of such an addition, alteration or improvement in such Unit Owner's Unit or Limited Common Elements within forty -five (45) days after such request and all additional information requested is received, and the failure to do so within the stipulated time shall constitute the Board's consent. The proposed additions, alterations and improvements by the Unit Owners shall be made in compliance with all laws, rules, ordinances and regulations of all governmental authorities having jurisdiction, and with any conditions imposed by the Association with respect to design, structural integrity, aesthetic appeal, construction details, lien protection or otherwise. A Unit Owner making or causing to be made any such additions, alterations or improvements agrees, and shall be deemed to have agreed, for such Owner, and his heirs, personal representatives; successors and assigns, as appropriate; to hold the Association, and all other Unit Owners harmless from and to indemnify them for any liability or damage to the Condominium Property and expenses arising therefrom, and shall be solely responsible for the maintenance, repair and insurance thereof from and after the date of installation or construction thereof as may be required by the Association. Notwithstanding the foregoing, in order to allow the Association to obtain the operating history and experience necessary to provide for uniformity in the nature of Unit Owner improvements and to protect the aesthetic appeal of the Condominium, no such requests for additions, alterations or improvements may be presented to the Board for its consideration until such time as the Unit Owners, other than the Developer, have elected a majority of the Board of Directors. 9.2 Expansion of Recreational Facilities by Developer. Although the Developer has no present intention of doing so, it reserves the right at any time to expand or add to any of the above described recreational facilities and to include such other facilities as the Developer deems appropriate. The consent of the Unit Owners or the Association shall not be required for any such construction or exclusion. No party is obligated, however, to so expand the facilities or provide additional facilities. 9.3 Developer's Reserved Right. Developer reserves the right to nonmaterially alter, change or modify the interior design and arrangement of all Condominium Units and to alter the boundaries between the Condominium Units as long as Developer owns the Condominium Units so altered (which alterations in Developer's Condominium Units are hereinafter referred to as the "Developer Alterations "). Any material changes shall require the majority approval of the Voting Interests in the Condominium. 10. Operation of the Condominium by the Association: Powers and Duties. 10.1 Powers and Duties. The Association shall be the entity responsible for the operation of the Condominium. The powers and duties of the Association shall include those set forth in the Articles of the Association and By -Laws (Exhibits "3" and "4" annexed hereto), as amended from time to time. In addition, the Association shall have all the powers and duties set forth in the Act, as well as all powers and duties granted to or imposed upon it by this Declaration, including, without limitation: (a) The irrevocable right to have access to each Unit and its Limited Common Elements from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any Common Elements therein or performing extermination services, or at anytime and by force, if necessary, for making emergency repairs therein necessary to prevent damage to the Common Elements or to any other Unit or Units. (b) The power to make and collect Assessments and other charges against Unit Owners and to lease, maintain, repair and replace the Conunon Elements. (c) The duty to maintain accounting records according to good accounting practices, which shall be open to inspection by Unit Owners or their authorized representatives at reasonable times upon prior request. (d) The power to contract for the management and maintenance of the Condominium Property and to authorize a duly licensed management agent (who may be an affiliate of the Developer) to assist the Association in carrying out its powers and duties by performing such functions as the submission of proposals, collection of Assessments, preparation of records, enforcement of rules and maintenance, repair and replacement of Common Elements with such funds as shall be made available by the Association for such purposes. The Association and its officers shall, however, retain at all times the powers and duties granted in the Condominium documents and the Condominium Act, including, but not limited to, the making of Assessments, promulgation of rules and execution of contracts on behalf of the Association. (e) The power to borrow money, execute promissory notes and other evidences of indebtedness and to give as security therefor mortgages and security interests in property owned by the Association, if any, provided that such actions are approved by a majority of the entire membership of the Board of Directors and of the Units represented at a meeting at which a quorum has been attained, or by such greater percentage of the Board or Unit Owners as may be specified in the By -Laws with respect to certain borrowing. IN (f) The power to charge a fee for the exclusive use of any Common Elements by an Owner having a right to such use. (g) The power to adopt and amend rules and regulations concerning the details of the operation and use of the Condominium Property. (h) The limited power to convey a portion of the Common Elements pursuant to 718.112(2)(m), Florida Statutes. (i) All of the powers which a corporation not for profit in the State of Florida may exercise. In the event of conflict among the powers and duties of the Association or the terms and provisions of this Declaration or the exhibits attached hereto, this Declaration shall take precedence over the Articles, By -Laws and applicable rules and regulations; the Articles shall take precedence over the By -Laws and applicable rules and regulations; and the By -Laws shall take precedence over applicable rules and regulations, all as amended from time to time. Notwithstanding anything in this Declaration or its exhibits to the contrary, the Association shall at all times be the entity having ultimate authority over the Condominium, consistent with the Act. 10.2 Restraint Upon Assignment of Shares in Assets. The share of a Unit Owner in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to his Unit. 10.3 Approval or Disapproval of Matters. Whenever the decision of a Unit Owner is required upon any matter, whether or not the subject of an Association meeting, that decision shall be expressed by the same person who would cast the vote for that Unit if at an Association meeting, unless the joinder of all record Owners of the Unit is specifically required by this Declaration or by law. 10.4 Acts of the Association. Unless the approval or action of Unit Owners, and/or a certain specific percentage of the Board of Directors of the Association, is specifically required in this Declaration, the Articles or By -Laws of the Association, applicable rules and regulations or applicable law, all approvals or actions required or permitted to be given or taken by the Association shall be given or taken by the Board of Directors, without the consent of Unit Owners, and the Board may so approve and act through the proper officers of the Association without a specific resolution. When an approval or action of the Association is permitted to be given or taken hereunder or thereunder, such action or approval may be conditioned in any manner the Association deems appropriate or the Association may refuse to take or give such action or approval without the necessity of establishing the reasonableness of such conditions or refusal. 10.5 Association Maintenance Recommendations. It is recommended that the Association, in carrying out its responsibilities under this Article 10.5, comply with the following minimum standards, requirements and guidelines: - - - The Board shall cause all Utilities and Utility systems forming a part of the Common Elements to be maintained properly and in good condition, and effect repairs thereto as needed. It is recommended that the Board cause all water and/or sewer infrastructure to be inspected annually by a licensed and qualified contractor or engineer, with expertise in the construction and maintenance of such water /sewer infrastructure. All landscaping should be maintained in accordance with the following 11 minimum maintenance standards: (a) Lawn and ground cover should be kept mowed and /or trimmed regularly; (b) Planting should be kept in a healthy and growing condition; (c) Fertilization, cultivation, spraying and tree pruning should be preformed as part of the regular landscaping program; (d) Stakes, guides, and ties on trees should be checked regularly to insure the correct function of each; ties shall be adjusted to avoid creating abrasions or girdling of the trunk or stem; (e) Damage to planting should be ameliorated within thirty (30) days of occurrence; and (f) Irrigation systems should be kept in sound working condition; adjustments, replacement or malfunctioning parts and cleaning of systems should be an integral part of the regular landscaping program. It is recommended that the Board cause all hardscape and paved areas within the Condominium to be inspected annually by a licensed and qualified contractor or engineer with expertise in the construction and maintenance of such hardscape and paved areas. It is recommended that the Board cause the structures and roofs of all improvements within the Condominium to be inspected each year by a licensed and qualified contractor or engineer with expertise in the construction and maintenance of such structures and roofs. It is recommended that the Board carry out such other periodic inspections and obtain such other expert reports, as may be prudent and appropriate. In each instance in which a contractor, engineer, architect or other professional with the expertise in a specific area is engaged to conduct an investigation or inspection, such expert shall promptly provide a written report thereof to the Board. The written report shall identify all items of maintenance or repair which either requires current action by the Association, or which will need further review, inspection or analysis. The Board shall, in each case, cause any and all necessary or prudent repairs to be promptly undertaken and completed, to prevent avoidable deterioration or property damage. This Section 10.5 is intended only to provide specific minimum maintenance and inspection recommendations in particular areas, and shall in no way limit the Association's general responsibility with respect to maintenance designed to prevent avoidable deterioration or property damage. 11. Determination of Common Expenses and Fixing of Assessments Therefor. The Board of Directors shall from time to time, and at least annually, prepare a budget for the Condominium, determine the amount of Assessments payable by the Unit Owners to meet the Common Expenses of the Condominium and allocate and assess such expenses among the Unit Owners in accordance with the provisions of this Declaration and the By -Laws. The Board of Directors shall advise all-Unit Owners promptly in writing.of the amount of the Assessments payable by each of them as determined by the Board of Directors as aforesaid and shall furnish copies of each budget, on which such Assessments are based, to all Unit Owners. The Common Expenses shall include the expenses of and reserves for (if required by law) the operation, maintenance, repair and replacement of the Common Elements, common property, costs of carrying out the powers and duties of the Association and any other expenses designated as Common Expenses by the Act, this Declaration, the Articles or By -Laws of the Association. Incidental income to the Association, if any, may be used to pay regular or extraordinary Association expenses and liabilities, to fund reserve accounts, or otherwise as the Board 12 shall determine from time to time, and need not be restricted or accumulated. Any Budget adopted shall be subject to change to cover actual expenses at any time. Any such change shall be adopted consistent with the provisions of the By -Laws. 12. Collection of Assessments 12.1 Liability for Assessments. A Unit Owner, regardless of how title is acquired, including a purchaser at a judicial sale, shall be liable for all Assessments coming due while he is the Unit Owner. In the case of a voluntary conveyance, the grantee shall be jointly and severally liable with the grantor for all unpaid Assessments against his share of the Common Expenses up to the time of the conveyance, without prejudice to any right the grantee may have to recover from the grantor the amounts paid by the grantee. The liability for Assessments may not be avoided by waiver of the use or enjoyment of any Common Elements or by the abandonment of the Unit for which the Assessments are made or otherwise. 12.2 Special and Capital Improvement Assessments. In addition to Assessments levied by the Association to meet the Common Expenses of the Condominium, the Board of Directors may levy "Special Assessments" and "Capital Improvement Assessments" upon the following terms and conditions: (a) "Special Assessments" shall mean or refer to a charge against each Owner and his Unit, representing a portion of the costs incurred by the Association for specific purposes of a nonrecurring nature which are not in the nature of capital improvements. (b) "Capital Improvement Assessments" shall mean and refer to a charge against each Owner and his Unit, representing a portion of the costs incurred by the Association for the acquisition, installation, construction or replacement (as distinguished from repairs and maintenance) of any capital improvements located or to be located within the Common Elements. (c) Special Assessments and Capital Improvement Assessments may be levied by the Board of Directors and shall be payable in lump sums or installments, in the discretion of the Board; provided that, if such Special and Capital Improvement Assessments, in the aggregate in any year, exceed $10,000.00, or cause the total Assessments levied to exceed 115% of Assessments for the proceeding calendar year, the Board must obtain approval of a majority of the Units represented at a meeting at which a quorum is attained. 12.3 Default in Payment of Assessments. Assessments and installments thereof not paid within ten (10) days from the date when they are due shall bear interest at the highest lawful rate from the date due until paid together with a late fee not to exceed the greater of $25.00 or 5% of each installment due. The Association has a lien on such Unit, with interest and for reasonable attorney's fees and costs incurred by the Association incident to the collection of the Assessment or enforcement of the lien. The lien is effective as of the date of the recording of this Declaration and shall be evidenced by the recording of a claim of lien in the Public Records of the County, stating the description of the Condominium Parcel, the name of the record Owner, the name and address of the Association, the amount due and the due dates. The claim of lien shall not be released until all sums secured by it (or such other amount as to which the Association shall agree by way of settlement) have been fully paid or until it is barred by law. The claim of lien shall secure (whether or not stated therein) all unpaid assessments, interest thereon, and costs and attorneys fees which are due and which may accrue subsequent to the recording of the claim of lien and ilea prior to the entry of a final judgment of foreclosure thereof. A claim of lien shall be signed and acknowledged by an officer or agent of the Association. Upon payment, the person making the payment is entitled to a satisfaction of the lien in recordable form. The Association may bring an action in its name to foreclose a lien for unpaid Assessments in the manner a mortgage on real property is foreclosed and may also bring an action at law to recover a money judgment for the unpaid Assessments without waiving any claim of lien. Upon the filing of a Claim of Lien, the Association may declare the Assessment installments due for the balance of the budget year to be accelerated and immediately due and payable. 12.4 Notice of Intention to Foreclose Lien. No foreclosure judgment may be entered until at least thirty (30) days after the Association gives written notice to the Unit Owner of its intention to foreclose its lien to collect the unpaid Assessments. If this notice is not given at least thirty (30) days before the foreclosure action is filed, and if the unpaid Assessments, including those coming due after the claim of lien is recorded, are paid before the entry of a final judgement of foreclosure, the Association shall not recover attorney's fees or costs. The notice must be given by delivery of a copy of it to the Unit Owner or by certified or registered mail, return receipt requested, addressed to the Unit Owner at the last known address, and upon such mailing, the notice shall be deemed to have been given. If after diligent search and inquiry the Association cannot find the Unit Owner or a mailing address at which the Unit Owner will receive the notice, the court may proceed with the foreclosure and may award attorney's fees and costs as permitted by law. The notice requirements of this subsection are satisfied if the Unit Owner records allotice of Contest of Lien as provided in the Act. 12.5 Appointment of Receiver to Collect Rental. If the Unit Owner remains in possession of the Unit and the claim of lien is foreclosed, the court in its discretion may require the Unit Owner to pay a reasonable rental for the Unit and the Association is entitled to the appointment of a receiver to collect the rent. 12.6 Institutional First Mortizaaee. In the event an Institutional First Mortgagee shall obtain title to a Unit as a result of foreclosure of its mortgage, or as a result of a deed given in lieu of foreclosure or in satisfaction of debt, such Institutional First Mortgagee, its successors and assigns, shall be liable for the share of Common Expenses or Assessments or other charges imposed by the Association pertaining to such Unit for a period not exceeding six (6) months, but in no event does the first mortgagee's liability exceed one percent (1 %) of the original mortgage debt, pursuant to the provisions of 718.116(1)(b). Any unpaid share of Common Expenses or Assessments or other charges shall be deemed to be Common Expenses collectible from all of the Unit Owners, including such acquirer, and such acquirer's successors and assigns. 12.7 Certificate of Unpaid Assessments. Within fifteen (15) days after request by a Unit Owner or mortgagee of a Unit, the Association shall provide a certificate stating all assessments and other moneys owed to the Association by the Unit Owner with respect to his Unit. Any person other than the Unit Owner who relies upon such certificate shall be protected thereby. 12.8 Installments. Regular Assessments shall be collected monthly or quarterly, in advance, as determined from time to time by the Board of Directors. Initially, Assessments will be collected monthly. 12.9 Developer's Liability for Assessments. During the period from the date of the recording of this Declaration until the earlier of the following dates (the "Guarantee Expiration Date "): (a) the last day of the calendar year in which of 14 this Declaration is recorded, or (b) the date that control of the Association is transferred to Unit Owners other than the Developer as provided in the ByLaws and the Act, the Developer shall not be obligated to pay the share of Common Expenses and Assessments attributable to the Units owned by it, provided: (i) that the regular Assessments for Common Expenses imposed on each Unit Owner other than the Developer prior to the Guarantee Expiration Date shall not increase during such period over the amounts set forth on Exhibit "5" attached hereto; and (ii) that the Developer shall be obligated to pay any amount of Common Expenses actually incurred during such period and not produced by the Assessments at the guaranteed levels receivable from other Unit Owners. After the Guarantee Expiration Date, the Developer shall have the option, in its sole discretion, of extending the guarantee for a period not to exceed two (2) years from the recording of the Declaration, or paying the share of Common Expenses and Assessments attributable to Units it then owns. Notwithstanding the above and as provided in Section 718.116(9)(a)(2) of the Act, in the event of an Extraordinary Financial Event (as hereinafter defined), the costs necessary to effect restoration shall be assessed against all Unit Owners owning units on the date of such Extraordinary Financial Event, and their successors and assigns, including the Developer (with respect to Units owned by the Developer). As used in this Subsection, an "Extraordinary Financial Event" shall mean Common Expenses incurred prior to the Guarantee Expiration Date (as same may be extended) resulting from a natural disaster or Act of God, which is not covered by insurance proceeds from the insurance maintained by the Association as required by Section 718.111(11)(a) of the Act. 13. Insurance. Insurance covering the Condominium Property and the Association Property shall be governed by the following provisions: 13.1 Purchase, Custody and Payment (a) Purchase. All insurance policies described herein covering portions of the Condominium Property shall be purchased by the Association and shall be issued by an insurance company authorized to do business in Florida. (b) Approval. Each insurance policy, and the agency and company issuing the policy shall be subject to the approval of the Primary Institutional First Mortgagee in the first instance, if requested thereby. (c) Named Insured. The named insured shall be the Association, individually, and as agent for Owners of Units covered by the policy, without naming them, and as agent for their mortgagees, without naming them. The Unit Owners and their mortgagees shall be deemed additional insureds. (d) Copies to Mortgagees. One copy of each insurance policy, or a certificate evidencing such policy, and all endorsements thereto, shall be furnished by the Association upon request to each Institutional First Mortgagee who holds a mortgage upon a Unit covered by -the policy. Copies or certificates shall be furnished not less than ten (10) days prior to the beginning of the term of the policy, or not less than ten (10) days prior to the expiration of each preceding term that is being renewed or replaced, as appropriate. (e) Personal Property and Liability. Except as specifically provided herein or by the Act, the Association shall not be responsible to Unit Owners to obtain insurance coverage upon the property lying within the boundaries of their Unit, including, but not limited to, their 15 personal property, and for their personal liability and living expense and for any other risks not otherwise insured in accordance herewith. 13.2 Coverage. The Association shall maintain insurance covering the following: (a) Casualty. The Building (including all fixtures, installations or additions comprising that part of the Building within the boundaries of the Units and required by the act to be insured under the Association's policy(ies), but excluding all furniture, furnishings, floor coverings, wall coverings and ceiling coverings or other personal property owned, supplied or installed by Unit Owners or tenants of Unit Owners) and all Improvements located on the Common Elements from time to time, together with all fixtures, building service equipment, personal property and supplies constituting the Common Elements or owned by the Association (collectively the "Insured Property"), shall be insured in an amount not less than 100% of the full insurable replacement value thereof, excluding foundation and excavation costs. Such policies may contain reasonable deductible provisions as determined by the Board of Directors of the Association. Such coverage shall afford protection against such other risks as from time to time are customarily covered with respect to buildings and improvements similar to the Insured Property in construction, location and use, including, but not limited to, vandalism and malicious mischief (b) Liabili . Comprehensive general public liability and automobile liability insurance covering loss or damage resulting from accidents or occurrences on or about or in connection with the Insured Property or adjoining driveways and walkways, or any work, matters or things related to the Insured Property, with such coverage as shall be required by the Board of Directors of the Association, but with combined single limit liability of not less than $1,000,000.00 per occurrence, and with a cross liability endorsement to cover liabilities of the Unit Owners as a group to any Unit Owner, and vice versa. (c) Worker's Compensation and other mandatory insurance, when applicable. (d) Flood Insurance. If required by the Primary .Institutional First Mortgagee or FNMA/FHLMC or if the Association so elects. (e) Fidelity Insurance. Covering all persons who control or disburse Association funds. Such insurance to be in an amount which will cover the maximum funds that will be in the custody of the association or management company at one time. (f) Association Property. Appropriate additional policy provisions, policies or endorsements extending the applicable portions of the coverage described above to all Association Property, where such coverage is available. . . (g) Such Other Insurance. As the Board of Directors of the Association shall determine from time to time to be desirable. When appropriate and obtainable, each of the foregoing policies shall waive the insurer's right to: (i) subrogation against the Association and against the Unit Owners individually and as a group, (ii) to pay only a fraction of any loss in the event of coinsurance or if other insurance carriers have issued coverage upon the same risk, and (iii) avoid liability for a loss that is caused by an act of 16 the Board of Directors of the Association, one or more Unit Owners or as a result of contractual undertakings. Additionally, each policy shall provide that any insurance trust agreement will be recognized, that the insurance provided shall not be prejudiced by any act or omissions of individual Unit Owners that are not under the control of the Association, and that the policy shall be primary, even if a Unit Owner has other insurance that covers the same loss. 13.3 Additional Provisions. All policies of insurance shall provide that such policies may not be cancelled or substantially modified without at least thirty (30) days' prior written notice to all of the named insureds, including all mortgagees of Units. 13.4 Premiums. Premiums upon insurance policies purchased by the Association shall be paid by the Association as a Common Expense, except that the costs of fidelity bonding for any management company employee may be paid by such company pursuant to its contract with the Association. Premiums may be financed in such manner as the Board of Directors deems appropriate. 13.5 Distribution of Proceeds. Proceeds of insurance policies shall be distributed to or for the benefit of the beneficial owners thereof in the following manner: (a) Reconstruction or Repair. If the damaged property for which the proceeds are paid is to be repaired or reconstructed, the proceeds shall be paid to defray the cost thereof as elsewhere provided herein. Any proceeds remaining after defraying such costs shall be distributed to the beneficial owners thereof, remittances to Unit Owners and their mortgagees being payable jointly to them. (b) Failure to Reconstruct or Repair. If it is determined in the manner elsewhere provided that the damaged property for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be allocated among the beneficial owners and distributed first to all Institutional First Mortgagees in an amount sufficient to pay off their mortgages, and the balance, if any, to the beneficial owners. 13.6 Association as Agent. The Association is hereby irrevocably appointed as agent and as attorney -in -fact for each Unit Owner and for each owner of a mortgage or other lien upon a Unit and for each owner of any other interest in the Condominium Property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims. 13.7 Unit Owners' Personal Coverage. Unless the Association elects otherwise, the insurance purchased by the Association shall not cover claims against an Owner due to accidents occurring within his Unit, nor casualty or theft loss to the contents of an Owner's Unit. It shall be the obligation of the individual Unit Owner, if such Owner so desires, to purchase and pay for insurance as to all such and other risks not covered by insurance carried by the Association. 13.8 Benefit of Mortgagees.- Certain provisions -in this Section 13 entitled - - "Insurance" are for the benefit of mortgagees of Units and may be enforced by such mortgagees. 13.9 Presumption as to Damaged Property. In the event of a dispute or lack of certainty as to whether damaged property constitutes a Unit(s) or Common Elements, such property shall be presumed to be Common Elements. 14. Reconstruction or Repair After Fire or Other Casualty. 17 14.1 Determination to Reconstruct or Repair. Subject to the immediately following paragraph, in the event of damage to or destruction of the Insured Property as a result of fire or other casualty, the Board of Directors shall arrange for the prompt repair and restoration of the Insured Property and shall disburse the proceeds of all insurance policies to the contractors engaged in such repair and restoration in appropriate progress payments. If 75% or more of the Insured Property is substantially damaged or destroyed and if Unit Owners owning 80% of the applicable interests in the Common Elements duly and promptly resolve not to proceed with the repair or restoration thereof and a majority of Institutional First Mortgagees approve such resolution, the Condominium Property will not be repaired and shall be subject to an action for partition instituted by the Association, any Unit Owner, mortgagee or lienor, as if the Condominium Property were owned in common, in which event the net proceeds of insurance resulting form such damage or destruction shall be divided among all the Unit Owners in proportion to their respective interests in the Common Elements (with respect to proceeds held for damage to the Insured Property other than that portion of the Insured Property lying within the boundaries of the Unit), and among affected Unit Owners in proportion to the damage suffered by each such affected Unit Owner, as determined in the sole discretion of the Association; provided, however, that no payment shall be made to a Unit Owner until there has first been paid out of his share of such fund all mortgages and liens on his Unit in order of priority of such mortgages and liens. 14.2 Plans and Specifications. Any reconstruction or repairs must be made substantially in accordance with the plans and specifications for the original Improvements and then applicable building and other codes; or if not, then in accordance with the plans and specifications approved by the Board of Directors of the Association and then applicable building and other codes, and if the damaged property which is to be altered is the Building, by the Owners of not less than 80% of the applicable interests in the Common Elements, as well as the Owners of all Units the plans for which are to be altered. 14.3 Assessments. If the proceeds of the insurance are not sufficient to defray the estimated costs of reconstruction and repair to be effected by the Association, or if at any time during reconstruction and repair, or upon completion of reconstruction and repair, the funds for the payment of the costs of reconstruction and repair are insufficient, Assessments shall be made against the Unit Owners in sufficient amounts to provide funds for the payment of such costs. Such Assessments on account of damage to the Insured Property shall be in proportion to all of the Owners' respective shares in the Common Elements. 14.4 Benefit of Mortgagees. Certain provisions in this Section 14 are for the benefit of mortgagees of Units and may be enforced by any of them. 15. Condemnation. 15.1 Deposit of Awards. The taking of portions of the Condominium Property by the exercise of the power of eminent domain shall be deemed to be a casualty, and the awards for that taking shall be deemed to be proceeds from insurance on account of the casualty and shall be deposited with the Association. Even though the awards may be payable to Unit Owners, the Unit Owners shall deposit the awards with the Association. 15.2 Determination Whether to Continue Condominium. Whether the Condominium will be continued after condemnation will be determined in the manner provided for determining whether damaged property will be 18 reconstructed and repaired after casualty. For this purpose, the taking by eminent domain also shall be deemed to be a casualty. 15.3 Disbursement of Funds. If the Condominium is terminated after condemnation, the proceeds of the awards and special Assessments will be deemed to be insurance proceeds and shall be owned and distributed in the manner provided with respect to the ownership and distribution of insurance proceeds if the Condominium is terminated after a casualty. If the Condominium is not terminated after condemnation, the size of the Condominium will be reduced and the property damaged by the taking will be made usable in the manner provided below. The proceeds of the awards and special Assessment shall be used for these purposes and shall be disbursed in the manner provided for disbursement of funds after a casualty, or as elsewhere herein specifically provided. 15A Unit Reduced but Habitable. If the taking reduces the size of a Unit and the remaining portion of the Unit can be made habitable (in the sole opinion of the Association), the award for the taking of a portion of the Unit shall be used for the following purposes in the order stated and the following changes shall be made to the Condominium: (a) Restoration of Unit. The Unit shall be made habitable. (b) Distribution of Surplus. The balance of the award in respect of the Unit, shall be distributed to the Owner of the Unit and to each mortgagee of the Unit, the remittance being made payable jointly to the Owner and such mortgagees. 15.5 Unit Made Uninhabitable. If the taking is of the entire Unit or so reduces the size of a Unit that it cannot be made habitable (in the sole opinion of the Association), the award for the taking of the Unit shall be used for the following purposes in the order stated and the following changes shall be made to the Condominium: (a) Payment of Award. The awards shall be paid first to the applicable Institutional First Mortgagees in amount sufficient to pay off their mortgages in connection with each Unit which is not so habitable; second, to the Association for any due and unpaid Assessments; third, jointly to the affected Unit Owners and other mortgagees of their Units. In no event shall the total of such distributions in respect of a specific Unit exceed the market value of such Unit immediately prior to the taking. The balance, if any, shall be applied to repairing and replacing the Common Elements. (b) Addition to Common Elements. The remaining portion of the Unit, if any, shall become part of the Common Elements and shall be placed in a condition allowing, to the extent possible, for use by all the Unit Owners in the manner approved by the Board of Directors of the Association; provided that if the cost of the work therefor shall exceed the balance of the fund from the award for the taking,-such work shall be approved in the manner elsewhere required for capital improvements to the Common Elements. (c) Adjustment of Shares. The shares in the Common Elements, Common Expenses and Common Surplus appurtenant to the Units that continue as part of the Condominium shall be adjusted to distribute the shares in the Common Elements, Common Expenses and Common Surplus among the reduced number of Unit Owners (and among reduced Units). This shall be effected by restating the 19 shares of continuing Unit Owners to be one over the total number of remaining units. (d) Assessments. If the balance of the award (after payments to the Unit Owner and such Owner's mortgagees as above provided) for the taking is not sufficient to alter the remaining portion of the Unit for use as a part of the Common Elements, the additional funds required for such purposes shall be raised by Assessments against all of the Unit Owners who will continue as Owners of Units after the changes in the Condominium effected by the taking. The Assessments shall be made in proportion to the applicable percentage shares of those Owners after all adjustments to such shares effected pursuant hereto by reason of the taking. (e) Arbitration. If the market value of a Unit prior to the taking cannot be determined by agreement between the Unit Owner and mortgagees of the Unit and the Association within 30 days-after notice of a . dispute by any affected party, such value shall be determined by arbitration in accordance with the then existing rules of the American Arbitration Association, except that the arbitrators shall be two appraisers appointed by the American Arbitration Association who shall base their determination upon an average of their appraisals of the Unit. A judgment upon the decision rendered by the arbitrators may be entered in any court of competent jurisdiction in accordance with the Florida Arbitration Code. The cost of arbitration proceedings shall be assessed against all Unit Owners, including Owners who will not continue after the taking, in proportion to the applicable percentage shares of such Owners as they exist prior to the adjustments to such shares effected pursuant hereto by reason of taking. 15.6 Taking of Common Elements. Awards for the taking of Common Elements shall be used to render the remaining portion of the Common Elements usable in the manner approved by the Board of Directors of the Association; provided, that if the cost of such work shall exceed the balance of the funds from the awards for the taking, the work shall be approved in the manner elsewhere required for capital improvements to the Common Elements. The balance of the awards for the taking of Common Elements, if any, shall be distributed to the Unit Owners in the shares in which they own the Common Elements after adjustments to these shares effected pursuant hereto by reason of the taking. If there is a mortgage on a Unit, the distribution shall be paid jointly to the Owner I nd the mortgagees of the Unit. 15.7 Amendment of Declaration. The changes in Units, in the Common Elements and in the ownership of the Common Elements and share in the Common Expenses and Common Surplus that are effected by the taking shall be evidenced by an amendment to this Declaration of Condominium that is only required to be approved by, and executed upon the direction of, a majority of all Directors of the Association. 16. Occupancy and Use Restrictions. In order to provide for congenial occupancy of the Condominium Property and for the protection of the values of the Units, the use of the Condominium Property shall be restricted to and shall be in accordance with the following provisions: 16.1 Occupancy. Each Unit shall be used as a single family residence only, except as otherwise herein expressly provided. In no event shall occupancy of a Unit (except for temporary occupancy by visiting guests) exceed the greater of six (6) persons in the entire Unit or two (2) persons per bedroom. The Board of 20 Directors shall have the power to authorize occupancy of a Unit by persons in addition to those set forth above. The provisions of this subsection 16.1 shall not be applicable to Units used by the Developer for model apartments, guest accommodations, sales or other offices or management services. 16.2 Children. Children shall be permitted to reside in Units but shall be subject to age restrictions imposed as to recreation facilities, as provided in the rules and regulations of the Condominium Association. 16.3 Pets. Each Unit may house one (1) household pet in the Unit, to be limited to one dog or one cat weighing not more than thirty (30) pounds at maturity (or other household pet defined as such and specifically permitted by the Association), provided it is not kept, bred or maintained for any commercial purpose, does not become a nuisance or annoyance to neighbors and is first registered with the Association. No reptiles or wildlife shall be kept in or on the Condominium Property (including Units). Unit Owners must pick -up all solid wastes of their pets and dispose of such wastes appropriately. All pets, including cats, must be kept on a leash no more than six (6) feet in length at all times when outside the Unit and shall be walked only within areas, if any, designated for such purposes by the Association. Violation of the provisions of this paragraph shall entitle the Association to all of its rights and remedies, including, but not limited to, the right to fine Unit Owners and/or to require any pet to be permanently removed from the Condominium Property. This Section 16.3 shall not prohibit the keeping of fish or caged household -type bird(s) in a Unit, provided that a bird(s) does not become a nuisance or annoyance to neighbors. 16.4 Alterations. Without limiting the generality of Section 9.1 hereof, but subject to the proviso contained therein as to hurricane shutters, no Unit Owner shall cause or allow improvements or changes to any Unit, or Common Elements, including, but not limited to, painting or other decorating of any nature, installing any electrical wiring, television antenna, machinery, or air - conditioning units or in any manner changing the appearance of any portion of the Building, without obtaining the prior written consent of the Association (in the manner specified in section 9.1 hereof). 16.5 Use of Common Elements. The Common Elements shall be used only for furnishing of the services and facilities for which they are reasonably suited and which are incident to the use and occupancy of Units. 16.6 Nuisances. No nuisances shall be allowed on the Condominium Property, nor shall any use or practice be allowed which is a source of annoyance to residents or occupants of Units or which interferes with the peaceful possession or proper use of the Condominium Property by its residents or occupants. No activity specifically permitted by this Declaration shall be deemed a nuisance. 16.7 No Improper Uses. No improper, offensive, hazardous or unlawful use shall be made of the Condominium Property or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereover shall be observed. Violations of laws, orders, rules,- - regulations or requirements of any governmental agency having jurisdiction thereover, relating to any portion of the Condominium Property, shall be corrected by, and at the sole expense of, the party obligated to maintain or repair such portion of the Condominium Property, as elsewhere herein set forth. Notwithstanding the foregoing and any provisions of this Declaration, the Articles or By -Laws, the Association shall not be liable to any person(s) for its failure to enforce the provisions of this Section 16.7. No activity specifically permitted by this Declaration shall be deemed a violation of this Section. 21 16.8 Exterior Improvements, Landscaping. Without limiting the generality of sections 9.1 or 16.4 hereof, but subject to any provision of this Declaration specifically permitting same, no Unit Owner shall cause anything to be affixed or attached to, hung, displayed or placed on the exterior walls, doors, terraces or windows of the Building (including, but not limited to, awnings, signs, storm shutters, screens, window tinting, furniture, fixtures and equipment), without the prior written consent of the Association. 16.9 Handicapped Parking, Commercial/Recreational Vehicles and Trailers. Parking spaces designated as "handicapped parking" are reserved for the exclusive use of the handicapped residents and guests. Except as permitted below, no trucks over three (3) tons, other commercial vehicles, campers, mobile homes, recreational vehicles or boat or other trailers shall be kept on the Condominium Property, in exterior parking areas or under building parking. For purposes of the foregoing, "commercial vehicles" shall mean those -not designed or used for customary personal/family purposes. The. absence of commercial -type lettering or graphics on a vehicle shall not be dispositive as to whether same is a commercial vehicle. The foregoing shall not prohibit, however (i) the parking of otherwise prohibited vehicles on the Condominium Property in the course of providing services to the Condominium Property, the occupants thereof or the Association or (ii) vans with windows which contain seating for at least four (4) persons, provided that such vans and trucks shall not bear commercial -type lettering or graphics. All vehicles kept on the Condominium Property shall be operational and in good condition. In the event of doubt or dispute as to whether a vehicle is prohibited by this Section, the good -faith determination of the Board of Directors shall be binding and conclusive. 16.10 Window Treatments. Only cloth, wood or metal window treatments shall be allowed in the windows. No foil or similar materials shall be placed on the windows. 16.11 Outdoor Grilling. Charcoal and gas grills are prohibited on balconies and in Units. 16.12 Relief by Association. The Association shall have the power (but not the obligation) to grant relief in particular circumstances from the provisions of specific restrictions contained in this Section 16 for good cause shown. 16.13 Mitigation of Dampness and Humidity. No Unit Owner shall install, within his or her Unit, or upon the Common Elements or Association Property, non - breathable wall- coverings or low- permanence paints. Additionally, any and all built -in casework, furniture, and or shelving in a Unit must be installed over floor coverings to allow air space and air movement and shall not be install with backboards flush against any gypsum board wall. Additionally, all Unit Owners, whether or not occupying the Unit, shall (i) periodically run the air conditioning system to maintain the Unit temperature, whether or not occupied, at 78 °F or lower, (ii) not leave any windows or exterior doors open during period in which -Unit is not- occupied,-(iii) keep all drains clear-of stoppage and clogs, and (iv) periodically check, drain and clean drip trays in appliances and mechanical systems. While the foregoing are intended to minimize the potential development of molds, fungi, mildew and other mycotoxins, each Owner understands and agrees that there is no method for completely eliminating the development of molds and mycotoxins. The Developer does not make any representations or warranties regarding the existence of development of molds or mycotoxins and each Owner shall be deemed to waive and expressly release any such warranty and claim for loss or " damages resulting from the existed and /or development of same. In furtherance 22 of the rights of the Association as set forth in Section 10.1(a) of the Declaration, in the event that the Association reasonably believes that these provisions are not being complied with, then, the Association shall have the right (but not the obligation) to enter the Unit (without requiring the consent of the Owner or any other party) to turn on the air conditioning in an effort to cause the temperature of the Unit to be maintained as required hereby (with all utility consumption costs to be paid and assumed by the Unit Owner). To the extent that electric service is not then available to the Unit, the Association shall have the further right, but not the obligation (without requiring the consent of the Owner or any other party) to connect electric service to he Unit (with the costs thereof to be borne by the Unit Owner, or if advanced by the Association, to be promptly reimbursed by the Owner to the Association, with all such costs to be deemed Charges). 16.14 Changes in Permitted Uses. No amendments to this Section 16, any other provision of this Declaration governing the use of Units, the Common Elements, the Easement Areas or to any Rules and Regulations of the Association shall operate to prohibit the parking of a vehicle or leasing or occupancy of a Unit where such vehicle, parking, leasing or occupancy was (i) permitted prior to the effectiveness of the amendment, (ii) being conducted in reliance on such permissibility and (iii) is continuing with the same vehicle, lessee or occupant as existed prior to the effectiveness of the amendment. Likewise, no improvement made to or about any Unit (e.g., the installation of hurricane shutters) which was permitted at the time of its making shall be required to be removed by virtue of a change in the permissibility of such types of improvements. 17. Selling, Leasing and Mortgaging of Units. Units may be made subject.to mortgages without restrictions, but sales and leases thereof shall be subject to the provisions of this Section 17. 17.1 Sales. All Purchasers of Units shall request the Association to provide a certificate executed and acknowledged by an officer of the Association, stating that all Assessments levied against such Unit have been paid in full, or the amount due and owing. The Board of Directors shall furnish such certificate upon receipt from the Unit Owner of a request form (which will be prepared by the Association) setting forth the proposed purchaser's name, notice address and date of closing. 17.2 Leases. No portion of a Unit other than an entire Unit, may be rented. All leases shall be in writing, and shall provide (or be automatically deemed to provide, absent an express statement) that the Association shall have the right to terminate the lease upon default by the tenant in observing any of the provisions of this Declaration, the Articles of Incorporation and By -Laws, applicable rules and regulations and Exhibits thereto or other applicable provisions of any agreement, document or instrument governing the Condominium. The Lessor shall provide Lessee with copies of all Condominium documents and the Lessee shall deliver to the Association, a copy of the Lease and signed statement that he has the Condominium documents. No lease shall be valid for a: term of less than allowed by the City of Clearwater, Florida or other applicable governmental authority. Regardless of whether or not expressed in the applicable lease, the Unit Owner shall be jointly and severally liable to the Association for the acts and omissions of his tenant(s) which constitute a violation of, or non - compliance with, the provisions of this Declaration and of any and all rules and regulations of the Association. This Section shall also apply to subleases and assignments and renewals of leases, but the Developer shall be exempt from this Section. 17.3 No Severance of Ownership. No part of the Common Elements may be sold, 23 conveyed or otherwise disposed of except as an appurtenance to the Unit in connection with a sale, conveyance or other disposition of the Unit to which such interest is appurtenant, and any sale, conveyance or other disposition of a Unit shall be deemed to include that Unit's appurtenant interest in the Common Elements. 17.4 Gifts and Devises, etc. Any Unit Owner shall be free to convey or transfer his Unit by gift, to devise his Unit by will, or to have his unit pass by intestacy, without restriction; provided, however, that each succeeding Unit Owner shall be bound by, and his Unit subject to, the provisions of this Section 17. 18. Compliance and Default. Each Unit Owner and every occupant of a Unit and the Association shall be governed by and shall comply with the terns of this Declaration and all exhibits annexed hereto, and the rules and regulations adopted pursuant to those documents, as the same may be amended from time to time. The Association (and Unit Owners, if appropriate) shall be entitled to the following relief in addition to the remedies provided by the Act: 18.1 Negligence. A Unit Owner shall be liable for the expense of any maintenance, repair or replacement made necessary by his negligence or by that of any member of his family or his or their guests, employees, agents or lessees, but only to the extent such expense is not met by the proceeds of insurance actually collected in respect of such negligence by the Association. 18.2 Compliance. In the event a Unit Owner or occupant fails to maintain a Unit or fails to cause such Unit to be maintained, or fails to observe and perform all of the provisions of the Declaration, the By -Laws, the Articles, applicable rules and regulations, or any other agreement, document or instrument affecting the Condominium Property, in the manner required, the Association shall have the right to proceed in a court of equity to require performance and/or compliance, to impose any applicable fines or to sue in a court of law for damages. 18.3 Costs and Attorneys' Fees. In any proceeding arising because of an alleged failure of a Unit Owner or the Association to comply with the requirements of the Act, this Declaration, the exhibits annexed hereto, or the rules and regulations adopted pursuant to said documents, as the same may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees (including appellate attorneys' fees). 18.4 No Waiver of Rights. The failure of the Association or any Unit Owner to enforce any covenant, restriction or other provision of the Act, this Declaration, the exhibits annexed hereto, or the rules and regulations adopted pursuant to said documents, as the same may be amended from time to time, shall not constitute a waiver of their right to do so thereafter. 19. Termination of Condominium. The Condominium shall continue until (i) terminated by casualty loss, condemnation or eminent domain, as more particularly provided in this Declaration, or (ii) such time as withdrawal of the Condominium Property from the provisions of the Act is authorized by a vote of Owners owning at least 80% ofthe Units and by the Primary Institutional First Mortgagee. The Board shall notify the Division of its intent to terminate the Condominium prior to taking any action to terminate the Condominium. Upon recording of the termination document, the Association shall notify'the Division within 30 business days. In the event such withdrawal is authorized as aforesaid, the Condominium Property shall be subj ect to an action for partition by any Unit Owner, mortgagee or lienor as if owned in common in which event the net proceeds of sale shall be divided among all Unit Owners in proportion to their respective interests in the Common Elements, provided, however, that no payment shall be made to a Unit Owner until there has first been paid off out of his share of such net proceeds all 24 mortgages and liens on his Unit in the order of their priority. The termination of the Condominium, as aforesaid, shall be evidenced by a certificate of the Association executed by its President and Secretary, certifying as to the basis of the termination, said certificate shall be recorded among the public records of the County, and the Association shall provide the Division with a copy of the recorded termination certified.by the Clerk. 20. Additional Rights of Mortgagees and Others. 20.1 Institutional First Mortgagees shall have the right, upon written request to the Association, to: (i) examine the Condominium documents and the Association's books and records, (ii) receive a copy of the Association's financial statement for the immediately preceding fiscal year, (iii) receive notices of and attend Association meetings, (iv) receive notice of an alleged default in any obligations hereunder by any Unit Owner, on whose Unit such Mortgagee holds a mortgage, which is not cured within thirty (30) days of notice of default to the Unit Owner, and (v) receive notice of any substantial damage or loss to any portion of the Condominium Property. 20.2 Any holder, insurer or guarantor of a mortgage on a Unit shall have, if first requested in writing, the right to timely written notice of (i) any condemnation or casualty loss affecting a material portion of the Condominium Property or the affected mortgaged Unit, (ii) a sixty (60) day delinquency in the payment of the Assessments on a mortgaged Unit, (iii) the occurrence of a lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association, (iv) any proposed termination of the Condominium, and (v) any proposed action which requires the consent of a specified number of mortgage holders. 20.3 The approval of a majority of Institutional First Mortgagees shall be required to effect an amendment to the Declaration which materially alters, or effects the rights or interests of the mortgagees. 21. Disclaimer of Warranties. DEVELOPER HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AS TO THE DESIGN, CONSTRUCTION, FURNISHING AND EQUIPPING OF THE CONDOMINIUM PROPERTY, EXCEPT ONLY THOSE SET FORTH IN SECTION 718.618(6) OF THE ACT, EFFECTIVE 2007. 22. Construction Claims. In the event that there are any warranty, negligence or other claims against the Developer or any party having a right of contribution from, or being jointly and severally liable with, the Developer (the "Claims ") relating to the design, construction, furnishing or equipping of the Condominium Property, same shall be instituted only upon compliance with Chapter 558, Florida Statutes. 23. Stormwater Mana eg ment 23.1 It shall be the responsibility of the Association to operate and maintain surface water management system, if any, as shown on the plot plan attached hereto as Exhibit 2, in accordance with the requirements of the Southwest Florida Water Management District. The Surface water management system is part of the Common Elements. 23.2 The Board of Directors is empowered to levy special assessments for the operation and maintenance of surface water management system pursuant to the provisions of Section 12.2 hereof. 23.3 Any amendment to this Declaration which would affect Surface Water Management System must have the prior written approval of the Southwest Florida Water Management District. 25 24. Additional Provisions 24.1 Notices. All notices to the Association required or desired hereunder or under the By -Laws or the Association shall be sent by certified mail (return receipt requested) to the Association in care of its office at the Condominium, or to such other address as the Association may hereafter designate from time to time by notice in writing to all Unit Owners. Except as provided specifically in the Act, all notices to any Unit Owner shall be sent by first class mail to the Condominium address of such Unit Owner, or such other address as may have been designated by him from time to time, in writing, to the Association. All notices to mortgagees of Units shall be sent by first class mail to their respective addresses, or such other address as may be designated by them from time to time, in writing to the Association. All notices shall be deemed to have been given when mailed, postage prepaid, except notices of a change of address, which shall be deemed to have been given when received, or 5 business days after proper mailing, whichever shall first occur. 24.2 Interpretation. The Board of Directors of the Association shall be responsible for interpreting the provisions hereof and of any of the Exhibits attached hereto. Such interpretation shall be binding upon all parties unless wholly unreasonable. An opinion of legal counsel to the Association, or the legal counsel having drafted this Declaration, that any interpretation adopted by the Association is not unreasonable shall conclusively establish the validity of such interpretation. 24.3 Mortgagees. Anything herein to the contrary notwithstanding the Association shall not be responsible to any mortgagee or lienor of any Unit hereunder, and may assume the Unit is free of any such mortgages or liens, unless written notice of the existence of such mortgage or lien is received by the Association. 24.4 Exhibits. There is hereby incorporated in this Declaration all materials contained in the Exhibits annexed hereto, except that as to such Exhibits, any . conflicting provisions set forth therein as to their amendment, modification, enforcement and other matters shall control over those hereof. 24.5 Signature of President and Secretary. Wherever the signature of the President of the Association is required hereunder, the signature of a vice- president may be substituted therefor, and wherever the signature of the Secretary of the Association is required hereunder, the signature of an assistant secretary may be substituted therefor, provided that the same person may not execute any single instrument on behalf of the Association in two separate capacities. 24.6 Governing Law. Should any dispute or litigation arise between any of the parties whose rights or duties are affected or determined by this Declaration, the Exhibits annexed hereto or applicable rules and regulations adopted pursuant to such documents, as the same may be amended from time to time, said dispute of litigation shall be governed by the laws of the State of Florida. 24.7 Severability. The invalidity in whole or in part of any covenant or restriction, or any section, subsection, sentence, clause, phrase or word, or other provision of this Declaration, the Exhibits annexed hereto, or applicable rules and regulations adopted pursuant to such documents, as the same may be amended from time to time, shall not affect the validity of the remaining portions thereof which shall remain in full force and effect. 24.8 Waiver. No provisions contained in this Declaration shall be deemed to have been waived by reason of any failure to enforce the same, without regard to the number of violations or breaches which may occur. 26 24.9 Ratification. Each Unit Owner, by reason of having acquired ownership (whether by purchase, gift, operation of law or otherwise), and each occupant of a Unit, by reason of his occupancy, shall be deemed to have acknowledged and agreed that all of the provisions of this Declaration, and the Articles, By- Laws and applicable rules and regulations, are fair and reasonable in all material respects. 24.10 Execution of Documents; Attorney -in -Fact. Without limiting the generality of other Sections of this Declaration and without such other Sections limiting the generality hereof, each Owner, by reason of the acceptance of a deed to such Owner's Unit, hereby agrees to execute, at the request of the Developer, all documents or consents which may be required by all governmental agencies to allow the Developer and its affiliates to complete the plan of development of the Condominium Property as such plan may be hereafter amended, and each such Owner further appoints hereby and thereby the Developer as such Owner's agent and attorney -in -fact to execute, on behalf and in the name of such Owners, any and all of such documents or consents. This Power of Attorney is irrevocable and coupled with an interest. The provisions of this Section may not be amended without the consent of the Developer. 24.11 Gender; Plurality. Wherever the context so permits, he singular shall include the plural, the plural shall include the singular, and the use of any gender shall be deemed to include all or no genders. 24.12 Captions. The captions herein and in the Exhibits annexed hereto are inserted only as a matter of convenience and for ease of reference and in no way define or limit the scope of the particular documents or any provision thereof. 25. Southwest Florida Water Management District Requirements. If there are surface water management systems facilities regulated by the Southwest Florida Water Management District, the following shall apply: a) No construction activities may be conducted relative to any portion of surface water management system facilities. Prohibited activities include but are not limited to: digging or excavation; depositing fill debris or any other material or item; constructing or altering any water control structure; or any other construction to modify surface water management system facilities. Construction and maintenance activities which are consistent with the design and permit conditions approved by the District in the Environmental Resource Permit may be conducted without specific written approval from the District. "Surface Water Management Facilities" shall mean surface water management system facilities including but not limited to: all inlets, ditches, swales, culverts, water control structures, retention and detention areas, ponds, lakes, flood plain compensation areas, wetlands and any associated buffer areas and wetland mitigation areas. b) Surface Water Management System Facilities are located on land that is designated common property of the plat, are located on land that is owned by the Association or are located on land that is subject to an easement in favor of the Association and its successors. c) The Association is responsible for the operation and maintenance of Surface Water Management System Facilities. Operation and maintenance and re- inspection reporting shall be performed in accordance with the terms and conditions of the Environmental Resource Permit issued in conjunction with the development of the project. d) Any amendment of this Declaration affecting Surface Water Management System Facilities or the operation and maintenance of Surface Water Management System 27 Facilities shall have the prior written approval of the Southwest Florida Water Management District. e) If the Association ceases to exist, all of the Unit Owners shall be jointly and severally responsible for the operation and maintenance of Surface Water Management System Facilities in accordance with the requirements of the Environmental Resource Permit, unless and until an alternate entity assumes responsibility as explained in subsection 2.6.2.2.4.h of the Rules of the Southwest Florida Water Management District. f) All the lot owners, parcel owners or Unit Owners must be members of the Association. g) The District has the right to take enforcement measures, including a civil action for injunction and /or penalties, against the Association to compel it to correct any outstanding problems with Surface Water Management System Facilities. h) The foregoing restrictions regarding Surface Water Management System shall be in effect for at least 25 years widi automatic renewal periods thereafter. IN WITNESS WHEREOF, the Developer has Caused this Declaration to be duly executed and its corporate seal to be hereunto affixed this 2 3 day pc ro/Sd , 2007. Signed in the presence of: i eds #1 eknclf',�r Print ame #1 BLAIR Print Name #2 STATE OF FLORIDA ) COUNTY OF PINELLAS) PEDRO P. BENEVIDES AS TRUSTEE OF THE DIVELLO LAND TRUST DATED AUGUST 10, 2004 By; DRO P. BENEVIDES, Trustee I The foregoing instrument was acknowledged before me this —7.& day of 0 era 6 c' -, 2007, by PEDRO P. BENEVIDES AS TRUSTEE OF THE DIVELLO LAND TRUST DATED AUGUST 10, 2004. He is personally known to me or has produced L , as identi Notary Public My Commission Expires: [SEAL] ............. ............................... e KENNETH G. ARSENAULT. JR. Comm# DD0615MI nom, Fk Wa NaleryAc se Mc 28 CONSENT OF MORTGAGEE FIFTH THIRD BANK, a Michigan banking corporation, the owner and holder of a mortgage and other loan documents encumbering the property described on Exhibit "1" hereby consents, as required by Section 718.104(3), Florida Statutes, to the recording of the Declaration of DOCKSIDE, A CONDOMINIUM. Signed, Sealed and Delivered Z� /'h V_d in the esence of: . / Fift Third Bank i4 / / //G ; / By: Kathi M Gilbe Witness Vice- Pres'd 6 2jg�-Y e�c • -` s Priz Wit ss 2 Print Name #2 STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this 18th day of October, 2007, by Kathi M. Gilbert, as Vice - President of Fifth Third Bank, a Michigan banking corporation, on behalf of the Bank. He /She is personally known to me DEBRA L JONES Notary Public "; _ MY COMMISSION # DD 537085 a,•a EXPIRES: April 15, 2010 My Commission Expires: 8o1,dod Th,. Notary PUN Undarnriters [SEAL] 29 CONSENT OF MORTGAGEE John Cross and Louise Cross, the owner and holder of a mortgage and other loan documents encumbering the property described on Exhibit "1" hereby consents, as required by Section 718.104(3), Florida Statutes, to the recording of the Declaration of DOCKSIDE, A CONDOMINIUM. Signed, Sealed and Delivered in the resence o£ ,, �y - 1 �. V4 1 l -t rint Name #1 U ss hd ZoU Print Name #2 STATE OF FLORIDA COUNTY OF y,-, Jolffi -Cross ou e Cross The foregoing instrument was acknowledged before me this �y day of October,'2Q07`,.'':. �. by John Cross and Louise Cross, who is /are [- impersonally kno tome or[ ] o has .produce ., -. as identification. V. Not Public My mmissio Expires: �emeAw W: • dF [SEAL] - • WComm"* R %►, V Ste§ pgg 3$.38P7 EXHIBIT "1" LEGAL DESCRIPTION: A parcel of land lying in Sectionp, Township 29 South, Range 15 East, Pinellas County, Florida being more particularly described as follows: All of Lots 4, 5, 6, 7 and 8 of COLUMBIA SUBDIVISION NO. 5, according to the map or Plat thereof, as recorded at Plat Book 31, Page 16, of the Public Records of Pinellas County, Florida. I H ,H W H x i� W DOCKSIDE, A CONDOMINIUM A PORTION 01 SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, CITY f'.,F• CLEARWATER, PINELLAS COUNT`)', FLORIDA H1181 __,_,._. _ _....,... _ ._...._,. _ .,_ _ �.. » _..._.., _ ...—. _ .: 60' RIGIi�OF•WAY ____. _ ...�. _ ..._..._. _ ..._:_,... ___._ _ �, _ _.,___ _ � _ r.. 24' ASPHALT PAVEMENT MI?MI N NTi+ 34'JO'E '3 6'P) LOT 8 T , i ..0 r rnA vi I I ! 227.5 ' ' ! %.� 1 ~i•l LrI I I mow+ R TRASH LY I 1 1 1 167 w A Of 7 7.7' 30.1' I C CONC. ACCE PARKING EASEMENT I + I I STAIRS I LOT 7 u "I 2 2).B' 1 1 11 1 1140!3' € 1 1 I t{ e e s oilu viulw n ejnl I °' I 'sr 76.0' 44..,E 4 fd 1 I STAIRS + N �- a 42 _.S..r_.._T... 153 LOT 4 !6 u -1- 87 L { +0 t 2138 1 ASPrta._T DRIVEWAY LOT 6 I I A °` F'ARS,m - LOT 5 I 445 HAMDEN DRIVE (8) STORY C.B.S. 1 1 I I CONDOMINIUM 2 Tt ) is jj3{ T+ i» 1 26 30 13, 1 !7 1, !! 1 M 1!S F NO-X ^CUT N \_1.5- CONC. p '.iS- OD'IPW! (NO 10) SNtD LB 6926 SEAWALL STAMPED PRM {I{ SET BA OCLINE WOOD DOCK i P.B. 31, PG. 16 S DECK --------------------- � I WOOD DOCK M WOOD DOCK ) i (B) 80 iT SLIPS 1 1 i j CL ovalce NOTESt 1. BEARINGS AND DISTANCE SHOWN HEREON ARE BASED ON THE WEST LINE OF LOTS 4 -11. OF SAYSIOE SUBDIVISION No. S. ACCORDING TO THE NAP OR PLAT THEREOF. xAVING A BEARING OR NORTH 12'34'30• EAST. 2. ELEVATIONS SHOWN HEREON ARE BASED ON THE WORTH AMERICAN VERTICAL DATUM IN.A.V.0.I OF 1988. 3. BENCHMARK .;;-- ;LASIRS:- BENCHMARK BRASS DISK IN CONCRETE MEDIAN . STAMPED LP -15. ELEVATION a 4.191. 4.,�THE ^BWNO4Rr: SUR.vEY ROWN HERE Ox WAS BASED ON THE TITLE COMMITMENT PREPARED SYt ATTORNEYS' TITLE INSURANCE FUND: INC— ,.PER.�CQMITMENT No. CF- 1244359. GATES .TUNE 23. 2005 AT 08100 A.M. THERE MAY BE ADDITIONAL RESTRICTIONS NDT SHOWN-DN'_THIS SURVEY. S. ATTENTION IS OIRECTEPCJO'7HE -QACT- THIS SURVEY MAY HAVE BEEN REDUCED 00 ENLARGED IN S12E DUE TO REPRODUCTION. THIS SHQuLD $E- TA1tFM lit_JII CONY.I9ERATIW -WHEN OBTAINING SCALED DATA. S. FlC)00 20NE': "1!ft�L, TJANL':' --.' �;-.:_.. COwI1NITY P$ML s ''�YFSC9 02: -G 6::1'25096 0104 C ..::'REV ISEO�M.�7�rBATEd a „g ..�s�PTE)VBER Olr� 713: -' .. - T ALL STAIRS:- .CC�tY TE "445L'A05T- ;FEATORSa� MACLIINE- +ROOMS. TRASH CHUTES. GENERATOR ROOMS. AND :.FENCES ARE.^ `(;'1MMLt3t ELEMENTS . y .,, B.. BALCONIES ANOAASSIGNEO PARAINO S.•ACES ASE L: IMI TED COMMON ELEMENTS. CERTIFICATION - -•2` I HERaY',.CERTIFY THAT THE CONSTRUCTa-OWOF THE IMPROVEIAENT$ IS SUBSTANTIALLY COMPLETE. THIS PLAT OF DOCKS-1M. A TN 2 " iDGE7#t£P dtli`TME PROVISIONS OF "(NE DECLARATION DESCRIBING THE CONDOMINIUM PROFE�Trf'!5 ATt Ct" ?JitATE.f?ekESENTA'F•I-01i'50F THE LOCATION AmV DIMENSIONS OF THE EIl3$TiNt• IMPROVEMENTS AW THAT TH�ENTIF.ICATION LQCATI0N.,ALJO QIMENSIONS Qf"Ttf,.CDMWDN ELEMENTS AND OF EACH UNIT CAN BE OET,EIL£OJ T E" TERIAtS < BRUCE A. KLEIN ATE: -�--- FLORIDA PROFESSIONBL SURVEYOR AND MAPPER REC-ISTRATIDN NO. 5052 LICENSED BUSINESS N0. 6928 v� myu F) t- �mRo 9 aI LEGAL DESCRIPTION SCM 4 "x4'• LB 6928 (PRU) CONC. WALL LOT 3 -N O �c FND "X "CUT (NO ID) REPLACED WITH SNIO LB 6926 STAMPED PRM D K N va m NtA V� yo N< V� a O w LEGEND SCJyE: t" • 30. 0 30 60 lei 15 CE COMMON ELEMENT CONC. CONCRETE FCIR = FOUND ELEVATOR IRON ROO FIP a FOUND IRON PIPE FIR a FOUND RON PPE . 10 IDENTIFICATION LB = LICENSED BUSINESS LCE = LIMITEO COMMON ELEMENT LS = LICENSED SURVEYOR O.R.B. = OFFICIAL RECORDS BOOK P.B, a PLAT BOOK PG PAGE IP) = PLAT (M) MEASURED S STAIRS A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF LOTS 4, 5, 6, 7 AND B OF COLUMBIA SUBDIVISION N0. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31. PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA CONTAINING 39.00D SOUARE FEET, OR 0.8953 ACRES MORE OR LESS. JOEi No.: 060001.2 F NO-X ^CUT N \_1.5- CONC. p '.iS- OD'IPW! (NO 10) SNtD LB 6926 SEAWALL STAMPED PRM {I{ SET BA OCLINE WOOD DOCK i P.B. 31, PG. 16 S DECK --------------------- � I WOOD DOCK M WOOD DOCK ) i (B) 80 iT SLIPS 1 1 i j CL ovalce NOTESt 1. BEARINGS AND DISTANCE SHOWN HEREON ARE BASED ON THE WEST LINE OF LOTS 4 -11. OF SAYSIOE SUBDIVISION No. S. ACCORDING TO THE NAP OR PLAT THEREOF. xAVING A BEARING OR NORTH 12'34'30• EAST. 2. ELEVATIONS SHOWN HEREON ARE BASED ON THE WORTH AMERICAN VERTICAL DATUM IN.A.V.0.I OF 1988. 3. BENCHMARK .;;-- ;LASIRS:- BENCHMARK BRASS DISK IN CONCRETE MEDIAN . STAMPED LP -15. ELEVATION a 4.191. 4.,�THE ^BWNO4Rr: SUR.vEY ROWN HERE Ox WAS BASED ON THE TITLE COMMITMENT PREPARED SYt ATTORNEYS' TITLE INSURANCE FUND: INC— ,.PER.�CQMITMENT No. CF- 1244359. GATES .TUNE 23. 2005 AT 08100 A.M. THERE MAY BE ADDITIONAL RESTRICTIONS NDT SHOWN-DN'_THIS SURVEY. S. ATTENTION IS OIRECTEPCJO'7HE -QACT- THIS SURVEY MAY HAVE BEEN REDUCED 00 ENLARGED IN S12E DUE TO REPRODUCTION. THIS SHQuLD $E- TA1tFM lit_JII CONY.I9ERATIW -WHEN OBTAINING SCALED DATA. S. FlC)00 20NE': "1!ft�L, TJANL':' --.' �;-.:_.. COwI1NITY P$ML s ''�YFSC9 02: -G 6::1'25096 0104 C ..::'REV ISEO�M.�7�rBATEd a „g ..�s�PTE)VBER Olr� 713: -' .. - T ALL STAIRS:- .CC�tY TE "445L'A05T- ;FEATORSa� MACLIINE- +ROOMS. TRASH CHUTES. GENERATOR ROOMS. AND :.FENCES ARE.^ `(;'1MMLt3t ELEMENTS . y .,, B.. BALCONIES ANOAASSIGNEO PARAINO S.•ACES ASE L: IMI TED COMMON ELEMENTS. CERTIFICATION - -•2` I HERaY',.CERTIFY THAT THE CONSTRUCTa-OWOF THE IMPROVEIAENT$ IS SUBSTANTIALLY COMPLETE. THIS PLAT OF DOCKS-1M. A TN 2 " iDGE7#t£P dtli`TME PROVISIONS OF "(NE DECLARATION DESCRIBING THE CONDOMINIUM PROFE�Trf'!5 ATt Ct" ?JitATE.f?ekESENTA'F•I-01i'50F THE LOCATION AmV DIMENSIONS OF THE EIl3$TiNt• IMPROVEMENTS AW THAT TH�ENTIF.ICATION LQCATI0N.,ALJO QIMENSIONS Qf"Ttf,.CDMWDN ELEMENTS AND OF EACH UNIT CAN BE OET,EIL£OJ T E" TERIAtS < BRUCE A. KLEIN ATE: -�--- FLORIDA PROFESSIONBL SURVEYOR AND MAPPER REC-ISTRATIDN NO. 5052 LICENSED BUSINESS N0. 6928 v� myu F) t- �mRo 9 aI LEGAL DESCRIPTION SCM 4 "x4'• LB 6928 (PRU) CONC. WALL LOT 3 -N O �c FND "X "CUT (NO ID) REPLACED WITH SNIO LB 6926 STAMPED PRM D K N va m NtA V� yo N< V� a O w LEGEND SCJyE: t" • 30. 0 30 60 lei 15 CE COMMON ELEMENT CONC. CONCRETE FCIR = FOUND ELEVATOR IRON ROO FIP a FOUND IRON PIPE FIR a FOUND RON PPE . 10 IDENTIFICATION LB = LICENSED BUSINESS LCE = LIMITEO COMMON ELEMENT LS = LICENSED SURVEYOR O.R.B. = OFFICIAL RECORDS BOOK P.B, a PLAT BOOK PG PAGE IP) = PLAT (M) MEASURED S STAIRS A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF LOTS 4, 5, 6, 7 AND B OF COLUMBIA SUBDIVISION N0. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31. PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA CONTAINING 39.00D SOUARE FEET, OR 0.8953 ACRES MORE OR LESS. JOEi No.: 060001.2 LEVEL 2 LEVEL I PARKING DOCKSIDE, A CONDOMINIUM A PORTION OF' SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, O CITY F CLEARWATER. PINELLAS COUNTY, FLORIDA UNIT 206 LEGEND: CE = COMMON ELEMENT E = ELEVATOR LCE - LIMITED COMMON ELEMENT MR = MACHINE ROOM S - STAIRS '1 1 u NOTEz 1. ALL CABANAS ARE (LCE) LIMITED COMMON ELEMENTS. 2 . ALL STAIRS. CONCRETE SLABS, FENCES, ARE COMMON ELEMENTS. 3. ALL BALCONIES AND ASSIGNED PARKING SPACES ARE LIMITED COMMON ELEMENTS. CLEVELS 2 THROUGH 6 ARE INTERIOR DIMENSIONS OF THE INDIVIDUAL UNITS. LEVEL 2 ELEVATIONS CEILING ELEVATION 31.16 FLOOR ELEVATION 17,71 46 4;1 STAIRS bo 48 .. ..... . ......... . . 1 2 5t� 54,53 5 LEVEL I ELEVATIONS .2 CEILING ELEVATION 19,96 ASPf4.,4J DRIVEWAY 1 1 . I 0-01 PARI-G FLOOR ELEVATION 8.36 32 : 060001,2 STAIPS a ip 7.7' 8 STORY C.B.S. TRASH CONC. CONDOMINIUM CHUTE 5 7 AIRS '1 1 u NOTEz 1. ALL CABANAS ARE (LCE) LIMITED COMMON ELEMENTS. 2 . ALL STAIRS. CONCRETE SLABS, FENCES, ARE COMMON ELEMENTS. 3. ALL BALCONIES AND ASSIGNED PARKING SPACES ARE LIMITED COMMON ELEMENTS. CLEVELS 2 THROUGH 6 ARE INTERIOR DIMENSIONS OF THE INDIVIDUAL UNITS. LEVEL 2 ELEVATIONS CEILING ELEVATION 31.16 FLOOR ELEVATION 17,71 46 4;1 STAIRS bo 48 .. ..... . ......... . . 1 2 5t� 54,53 5 LEVEL I ELEVATIONS .2 CEILING ELEVATION 19,96 ASPf4.,4J DRIVEWAY 1 1 . I 0-01 PARI-G FLOOR ELEVATION 8.36 32 : 060001,2 LEVEL $ LEVEL 3 LEGEND: A PORTION OI ". SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA B = BALCONY' CE = COMMON ELEMENT E = ELEVATOR LCE = LIMITED COMMON ELEMENT MR = MACHINE ROOM S = STAIRS No.; NOTE L ALL CABANAS ARE (LCE) LIMITED COMMON ELEMENTS. 2. ALL STAIRS,CONCRETE SLABS, FENCES, ARE COMMON ELEMENTS. 3. ALL BALCONIES AND ASSIGNED PARKING SPACES ARE LIMITED COMMON ELEMENTS. 4. LEVELS 2 THROUGH 6 ARE INTERIOR DIMENSIONS OF THE INDIVIDUAL UNITS. LEVEL 4 ELEVATIONS CEILING ELEVATION 49.14 FLOOR ELEVATION 40.89 LEVEL 3 ELEVATIONS CEILING ELEVATION 40.01 FLOOR ELEVATION - 31.76 DOCKSIDE, A CONDOMINIUM A PORTION OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA LOWER ROOF '3, UNIT UNIT �" JE u UNIT v UNIT 601 602 603 14v 605 N LEVEL. 6 S 7 28.0' 8! BALCONY $'BALCONY ROOF BELOW .LOWER ROOF B 27.3' B L:°sVl'eTLr 5 UNIT UNIT 02 UNIT 3 504 505 N — --- — SOI _ N ' � s 27.5' 28.0' B• BA.COkY 8' BALCONY i ROOF BELOW LEGEND: B = BALCONY CE - COMMON ELEMENT E = ELEVATOR LCE = LIMITED COMMON ELEMENT MR - MACHINE ROOM S = STAIRS NOTE: I. ALL CABANAS ARE (LCE) LIMITEO COMMON ELEMENTS. 2. ALL STAIRS,CONCRETE SLABS, FENCES, ARE COMMON ELEMENTS. 3. ALL BALCONIES AND ASSIGNED PARKING SPACES ARE LIMITED COMMON, ELEMENTS. 4. LEVELS 2 THROUGH 6 ARE INTERIOR DIMENSIONS OF THE INDIVIDUAL UNITS. LEVEL. 6 ELEVATIONS CEILING ELEVATION • 67:29 FLOOR ELEVATION - 58.79 LEVEL ELr 6 ELEVATIONS —CEILING ELEVATION • 58.09 FLOOR ELEVATION 49,84 JOB No.: 060001.2 H07000246620 3 EXHTRTT " 'I" ARTICLES OF INCORPORATION FOR DOCKSIDE CONDOMINIUM ASSOCIATION CLEARWATER BEACH, INC. The undersigned incorporator, for the purposes of forming a corporation not for profit pursuant to the laws of the State of Florida, hereby adopts the following Articles of Incorporation: ARTICLE 1 NAME The name of the corporation shall be DOCKSIDE CONDOMINIUM ASSOCIATION CLEARWATER BEACH, INC., and its principal office address shall be 445 Hamden Drive, Clearwater Beach, FL 33767. For convenience, the corporation shall be referred to in this instrument as the "Association ", these Articles of Incorporation as the "Articles ", and the By -Laws of the Association as the "By- Laws ". ARTICLE 2 PURPOSE The purpose for which the Association is organized is to provided an entity pursuant to the Florida Condominium Act as it exists on the date hereof (the "Act ") for the operation of that certain condominium located in Pinellas County, Florida, and known as DOCKSIDE, a Condominium (the "Condominium "). ARTICLE 3 DEFINITIONS The terms used in these Articles shall have the same definitions and meaning as those set forth in the Declaration of the Condominium to be recorded in the Public Records of Pinellas County, Florida, unless herein provided to the contrary, or unless the context otherwise requires. ARTICLE 4 POWERS The Association shall have the following powers and shall be governed by the following: (a) To exercise and have all of the common law and statutory powers and duties of a corporation not for profit organized under the laws of the State of Florida that are not in conflict with the terms of the Declaration, these Articles, the Bylaws of the Association and the Act. ' (b) To exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Condominium of DOCKSIDE , a Condominium, hereinafter called the "Declaration ", applicable to the property and recorded or to be recorded in the Public Records of Pinellas, Florida and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; (c) To fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including but not limited to all licenses, taxes or governmental charges levied or imposed against the property of the Association; (d) To maintain, repair and operate the property of the Association; H07000246620 3 H07000246620 3 (e) To purchase insurance upon the property of the Association and insurance for the protection of the Association and its members as Owners; (:f) To reconstruct improvements after casualty and make further improvements upon the property; (g) To enforce by legal means the provisions of the Declaration, and the Articles of Incorporation and Bylaws of the Association, and the rules and regulations adopted pursuant thereto; (h) To employ personnel to perform the services required for proper operation of the Association; (i) To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; (j) To borrow money, and with the assent of two- thirds (2/3) of the members mortgage, a pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (k) To dedicate, sell or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed by two -thirds (2/3) of each class of members, agreeing to such dedication, sale or transfer; (1) To participate in mergers and consolidations with other nonprofit corporations organized for the same purposes or annex additional residential property and Common Area, provided that any such merger, consolidation or annexation shall have the assent of two- thirds (2/3) of each class of members; (m) To operate and maintain the surface water management system facilities, including all inlets, ditches, swales, culverts, water control structures, retention and detention areas, ponds, lakes floodplain compensation areas, wetlands and any associated buffer areas, and wetland mitigation areas; (n) All funds and the title to all properties acquired by the Association and their proceeds shall be held for the benefit and use of the members in accordance with the provisions of the Declaration, these Articles and the By -Laws; (o) The Association shall make no distribution of income to its members, directors or officers, and upon dissolution, all assets of the Association shall be transferred only to another non- profit corporation or a public agency or as otherwise authorized by the Florida not for Profit Corporation Statute; and . (p) The powers of the Association shall be subject to and shall be exercised in accordance with the provisions hereof and of the Declaration, the By -Laws and the Act, provided that in the event of conflict, the provisions of the Act shall control over those of the Declaration and By -Laws. ARTICLE 5 MEMBERS 5.1 Membership. The members of the Association shall consist of all of the record title owners of Units in the Condominium from time to time, and after termination of the Condominium, shall also consist of those who were members at the time of such termination, and their successors and assigns. 5.2 Assignment. The share of a member in the funds and assets of the Association H07000246620 3 [07000246620 3 cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to the Unit for which that share is held. 5.3 Voting. On all matters upon which the membership shall be entitled to vote, there shall be only one (1) vote for eadh Unit, which vote shall be exercised or cast in the manner provided by the Declaration and By -Laws. Any person or entity owning two (2) or more residential Units shall be entitled to one vote for each Unit owned. 5.4 Meetings. The By -Laws shall provide for an annual meeting of members, and may make provision for regular and special meetings of members other than the annual meeting. ARTICLE 6 TERM OF EXISTENCE The existence of the Association shall be perpetual. If the Association is dissolved,-the control or right of access to the property containing the surface water management system facilities shall be conveyed or dedicated to an appropriate governmental unit or public utility and that if not accepted, then the surface water management system facilities shall be conveyed to a non - profit corporation similar to the Association. ARTICLE 7 INCORPORATOR The name and address of the Incorporator of this Corporation is: Name Address Kenneth G. Arsenault Jr. 10225 Ulmerton Road, Suite 2 Largo, FL 33771 ARTICLE 8 OFFICERS The affairs of the Association shall be administered by the officers holding the offices designated in the By -Laws. The officers shall be elected by the Board of Directors of the Association at its first meeting following the annual meeting of the members of the Association and shall serve at the pleasure of the Board of Directors. The By -Laws may provide for the removal from office of officers, for filling vacancies and for the duties and qualifications of the officers. The names and addresses of the officers who shall serve until their successors are designated by the Board of Directors are as follows: President: Pedro Benevides Vice President: Butch Jones Secretary- Treasurer: David Brannon H07000246620 3 H07000246620 3 ARTICLE 9 DIRECTORS 9.1 Number and Qualification. The property, business and affairs of the Association shall be managed by a board consisting of the number of directors determined in the manner provided by the By -Laws, but which shall consist of not less than three (3) nor more than five (5) directors. Directors, other than designees of Developer, must be members of the Association. 9.2 Duties and Powers. All of the duties and powers of the Association existing under the Act, the Declaration, these Articles and the By -Laws shall be exercised exclusively by the Board of Directors, its agents, contractors or employees, subject only to approval by Unit Owners when such approval is specifically required. 9.3 Election; Removal. Directors of the Association shall be elected at the annual meeting of the members, may be elected to staggered terms, may be removed and vacancies on the Board filled in the manner provided by the By -Laws. 9.4 Term of Developer's Directors. Developer of the Condominium shall appoint the members of the first Board of Directors and their replacements who shall hold office for the periods described in the By -Laws. 9.5 First Directors. The initial board shall consist of three (3) Directors. The names and addresses of the members of the first Board of Directors who shall hold office until their successors are elected and have taken office, as provided in the By -Laws, are as follows: Name: Address: Pedro Benevides 14238 Corkwood Ln., Astatula FL 34705 Butch Jones 1 634 Edgewater Dr., Dunedin FL 34698 David Brannon 12130 Skyvicw Ln., Clermont FL 34715 ARTICLE 10 INDEMNIFICATION 10.1 Indemnity. The Association shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or contemplated action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he is or was a director, employee, officer or agent of the Association, against expenses (including attorneys' fees and appellate attorneys' fees), judgments, fines and amounts paid in settlement _actually and reasonably incurred by him in connection with such action, such or proceeding, unless (a) a court of competent jurisdiction determines, after all available appeals have been exhausted or not pursued by the proposed indemnitee, that he did not act in good faith or in a manner he reasonably believed to be not in, or opposed to, the best interest of the Association, and, with respect to any criminal action or proceeding, that he had reasonable cause to believe his conduct was unlawful, and (b) such court further specifically determines that indemnification should be denied. The termination of any action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of nolo contenders or its equivalent shall not, of itself, create a presumption that the person did not act in good faith or did act in a manner which he reasonably believed to be not in or opposed to the best interest of the Association, and; with respect to any criminal action or proceeding, that he had reasonable cause to believe that his H07000246620 3 H07000246620 3 conduct was unlawful. 10.2 Expenses. To the extent that a director, officer, employee or agent of the Association has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in Section 10.1 above, or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorneys' fees and appellate attorneys' fees) actually and reasonably incurred by him in connection therewith. 10.3 Insurance. The Association shall have the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the Association, or is or was serving, at the request of the Association, as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the Association would have the power to indemnify him against such liability under the provisions of this Article. 10.4 Amendment. Anything to the contrary herein notwithstanding, the provisions of this Article 10 may not be amended without the prior written consent of all persons whose interest would be adversely affected by such amendment. ARTICLE 11 BY -LAWS The first By -Laws of the Association shall be adopted by the Board of Directors and may be altered, amended or rescinded in the manner provided in the By -Laws and the Declaration. ARTICLE 1.2 AMENDMENTS Amendments to these Articles shall be proposed and adopted in the following manner: 12.1 Notice. Notice of a proposed amendment shall be included in the notice of any meeting at which the proposed amendment is to be considered and shall be otherwise given in the time and manner provided in Chapter 617, Florida Statutes. Such notice shall contain the proposed amendment or a summary of the changes to be affected thereby. 12.2 Adoption. A resolution for the adoption of a proposed amendment may be proposed either by a majority of the Board of Directors or by not less than one -third (1/3) of the members of the Association. Directors not present in person and members not present in person or by proxy at the respective duly called meetings of the Board of Directors or the membership considering the amendment may express their approval or disapproval in writing, providing the approval or disapproval is delivered to the Secretary at or prior to the meeting; however, the approval or disapproval is delivered to the Secretary at or prior to the meeting; however, the approval or disapproval may not be used as a vote for or against the action taken. The approvals must be: - (a) by not less than a majority of the votes of all of the members of the Association represented at a meeting at which a quorum thereof has been attained and by not less than 66 -2/3% of the entire Board of Directors; or (b) by not less than 100% of the entire Board of Directors. 12.3 Limitation. No amendment shall make any changes in the qualifications for membership, nor in the voting rights or property rights of members, nor any changes H07000246620 3 H07000246620 3 in Article 4, without the approval in writing of all members and the joinder of all record owners of mortgages upon Units. No amendment shall be made that is in conflict with the Act, the Declaration or the By -Laws, nor shall any amendment make any changes which would in any way affect any of the rights, privileges, powers or options herein provided in favor of or reserved to Developer, or an affiliate of Developer, unless Developer shall join in the execution of the amendment. No amendment to this paragraph 12.3 shall be effective. 12.4 Developer Amendments. To the extent lawful, the Developer may amend these Articles consistent with the provisions of the Declaration allowing certain amendments to be effected by the Developer alone. 12.5 Recording. A copy of each amendment shall be filed with the Secretary of State pursuant to the provisions of applicable Florida law, and a copy certified by the Secretary of State shall be recorded in the public records of Pinellas County, Florida. ARTICLE 13 INITIAL REGISTERED OFFICE ADDRESS AND NAME OF REGISTERED AGENT The initial registered office of this corporation shall be at 10225 Ulmerton Road, Suite 2, Largo, Florida 33771 with the privilege of having its office and branch offices at other places within or without the State of Florida. The initial registered agent at that address shall be Kenneth G. Arsenault, Jr. IN WITNESS WHEREOF, the Incorporator has affixed his signature the day and year set forth below. Ke G. rsenault Jr. State of Florida ) County of Pinellas ) The foregoing instrument was acknowledged before me this�_3 day of October, 2007 by Kenneth G. Arsenault Jr., who is personally known to me. Notary Public - State of Florida My Commission Expires: M=K' EB= K SLAtR +: r: MY COMMISSION N DD 498159 << EXPIRES: January 19, 2010 Rft4• 8ondWThm NO" Pd&Undowft= 007000246620 3 H07000246620 3 CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR THE SERVICE OF PROCESS WITHIN THIS STATE, NAMING AGENT UPON WHOM PROCESS MAY BE SERVED. In compliance with the laws of Florida, the following is submitted: First - that desiring to organize under the laws of the State of Florida with its principal office, as indicated in the foregoing Articles of Incorporation, in the County of Pinellas, State of Florida, the corporation named in the said articles has named Kenneth G. Arsenault Jr. located at 10225 Ulmerton Road, Suite 2, Largo, FL 33771, as its statutory agent. Having been named the statutory agent of said corporation at the place designated in this certificate, I hereby accept the same and agree to act in this capacity, and agree to comply with the provisions of Florida law relative to keeping the registered office open. REGISTLkED N ENT — Kenneth G. Arsenault Jr. Dated this 5 day of October, 2007 H;V.aw Office Files\Ken Arsenault \DOCKSIDE \CONDO DOCS TO BE RECORDED 2007\ARTICLES RevIO- 3- 07.doe 7 H07000246620 3 EXHIBIT "4" BY -LAWS OF DOCKSIDE CONDOMINIUM ASSOCIATION CLEARWATER BEACH, INC. A corporation not for profit organized under the laws of the State of Florida Identi1y. These are the By -Laws of DOCKSIDE CONDOMINIUM ASSOCIATION CLEARWATER BEACH, INC. (the "Association "), a not for profit corporation under the laws of the State of Florida, and organized for the purpose of administering that certain condominium located in Pinellas County, Florida, and known as DOCKSIDE, A CONDOMINIUM (the "Condominium "). 1.1 Principal Office. The principal office of the Association shall be at 445 Hamden Drive, Clearwater Beach, FL 33767 or at such other place as may be subsequently designated by the Board of Directors. Notwithstanding the foregoing, all books and records of the Association shall be kept on the Condominium property. 1.2 Fiscal Year. The fiscal year of the Association shall be the calendar year. 1.3 Seal. The seal of the Association shall bear the name of the corporation, the word "Florida ", the words "Corporation Not for Profit ", and the year of incorporation. 2. Definitions. For convenience, these By -Laws shall be referred to as .the "By- Laws" and the Articles of Incorporation of the Association as the "Articles ". The other terms used in these By -Laws shall have the same definition and meaning as those set forth in the Declaration for the Condominium, unless herein provided to the contrary, or unless the context otherwise requires. Members. 3.1 Annual Meeting. The annual members' meeting shall be held on the date, at the place and at the time determined by the Board of Directors from time to time, provided that there shall be an annual meeting every calendar year and, to the extent possible, no later than twelve (12) months after the last preceding annual meeting. The purpose of the meeting shall be, except as provided herein to the contrary, to elect Directors and to transact any other business authorized to be transacted by the members, or as stated in the notice of the meeting sent to Unit Owners in advance thereof. Unless changed by the Board of Directors, the first annual meeting shall be held in the month of November following the year in which the Declaration is filed. 3.2 Special Meetings. Special members' meetings shall be held at such places as provided herein for annual meetings, and may be called by the President or by a majority of the Board of Directors of the Association, and must be called by the President or Secretary upon receipt of a written request from a majority of the members of the Association. The business conducted at a special meeting shall be limited to that stated in the notice of the meeting. Special meetings may also be called by Unit Owners in the manner provided for in the Act. 3.3 Notice of Meeting; Waiver of Notice. Notice of a meeting of members, stating the time and place, the purpose(s) for which the meeting is called, and an identification of agenda items shall be given by the President or Secretary. A copy of the notice shall be posted at a conspicuous place on the Condominium Property as designated by the Board pursuant to 718.112 (2)(d)(2). The notice of the annual meeting shall be sent by mail to each Unit Owner, unless the Unit Owner waives in writing the right to receive notice of the annual meeting by mail. The delivery or mailing shall be to the address of the member as it appears on the roster of members. The posting and mailing of the notice shall be effected not less than fourteen (14) days, nor more than sixty (60) days, prior to the date of the meeting. Notice for the election of Directors shall be given in accordance with 718.112(2)(d)(3). Proof of posting and mailing of the notice shall be given by Affidavit. Notice of specific meetings may be waived before or after the meeting and the attendance of any member (or person authorized to vote for such member) shall constitute such member's waiver of notice of such meeting, except when his (or his authorized representative's) attendance is for the express purpose of objecting at the beginning of the meeting to the transaction of business because the meeting is not lawfully called. An officer of the Association shall provide an affidavit, to be included in the official records of the Association, affirming that notices of the Association meeting were mailed or hand delivered in accordance with this Section and Section 718.112(2)(d) of the Act, to each Unit Owner at the address last furnished to the Association. No other proof of notice of a meeting shall be required. 3.4 Quorum. A quorum at members' meetings shall be attained by the presence, either in person or by proxy, of persons entitled to cast 35% of the total voting interests. 3.5 Votin . (a) Number of Votes. In any meeting of members, the Owners of Units shall be entitled to cast one vote for each Unit owned. The vote of a Unit shall not be divisible. (b) Majority Vote. The acts approved by a majority of the votes present in person or by proxy at a meeting at which a quorum shall have been attained shall be binding upon all Unit Owners for all purposes, except where otherwise provided by law, the Declaration, the Articles or these By -Laws. Similarly, unless specifically stated to the contrary, if some greater percentage of members is required herein or in the Declaration or Articles, it shall mean such greater percentage of the votes of members present at a meeting at which a quorum is attained. (c) Voting Member. If a Unit is owned by one person, his right to vote shall be established by the roster of members. If a Unit is owned by more than one person, those persons (including husbands and wives) shall decide among themselves as to who shall cast the vote of the Unit. In the event that those persons cannot so decide, no vote shall be cast. A person casting a vote for a Unit shall be presumed to have the authority to do so unless the President or the Board of Directors is otherwise notified. If a Unit is owned by a corporation, the person entitled to cast the vote for the Unit shall be designated by a certificate signed by an appropriate officer of the corporation and filed with the Secretary of the Association. Such person shall be valid until revoked or until superseded by a subsequent certificate or until a change in the ownership of the Unit concerned. A certificate designating the person entitled to cast the vote for a Unit may be revoked by any record owner of an undivided interest in the Unit. If a certificate designating the person entitled to cast the vote for a Unit for which such certificate is required is not on file or has been revoked, the vote attributable to such Unit shall not be considered in determining whether a quorum is present, nor for any other purpose, and the total number of authorized votes in the Association shall be reduced accordingly until such certificate is filed. 3.6 Proxies. Votes may be cast in person or by proxy. A proxy may be made by any person entitled to vote, but shall only be valid for the specific meeting for which originally given and any lawful adjourned meetings thereof. In no event shall any proxy be valid for a period longer than 90 days after the date of the first meeting for which it was given. Every proxy shall be revocable at any time at the pleasure of the person executing it. A proxy must be in writing, dated, signed by the person authorized to cast the vote for the Unit, name the person(s) voting by proxy and the person authorized to vote for such person(s) and filed with the Secretary before the appointed time of the meeting, or before the time to which the meeting is adjourned. Each proxy shall contain the date, time and place of the meeting for which it is given and, if a limited proxy holder may vote and the manner in which the vote is to be cast. Holders of proxies need not be Unit owners. If required by Chapter 718, Florida Statutes, limited proxies shall be used for (1) votes taken to waive or reduce reserves; (2) for votes taken to waive reporting statement requirements as provided by 718.111 (13); (3) for votes taken to amend the Declaration pursuant to 718.110. (4) for votes taken to amend the Articles or By -Laws pursuant to 718.112; and for any other matter for which Chapter 718, Florida Statutes requires or permits a vote of Unit Owners. General proxies may be used for other matters for which limited proxies are not required. 3.7 Adiourned Meetirfgs. If any proposed meeting cannot be organized because a quorum has not been attained, the members who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is present, provided. notice of the newly scheduled meeting is given in the manner required for the giving of a meeting. Except as required above, proxies given for the adjourned meeting shall be valid for the newly scheduled meeting unless revoked for reasons other than the new date of the meeting. 3.8 Order of Business. If a quorum has been attained, the order of business at annual members' meetings, and, if applicable, at other members' meetings, shall be: (a) Collection of election Ballots; (b) Call to order by President; (c) Proof of notice of the meeting or waiver of notice; (d) Reading of minutes; (e) Reports of officers; (f) Reports of committees; (g) Appointment of inspectors of election; (h) Election of Directors; (i) Unfinished business; 0) New Business; (k) Adjournment. Such order may be waived in whole or in part by direction of the chairman: 3.9 Minutes of Meeting. The minutes of all meetings of Unit Owners shall be kept in a book available for inspection by Unit Owners or their authorized representatives and Board members at any reasonable time. The Association shall retain these minutes for a period of not less than seven years. 3.10 Action Without A Meeting. Anything to the contrary herein notwithstanding, to the extent lawful, any action required to be taken at any annual or special meeting of members, or any action which may be taken at any annual or special meeting of such members, may be taken without a meeting, without prior notice and without a vote if a consent in writing, setting forth the action so taken, shall be signed by the members (or persons authorized to cast the vote of any such members as elsewhere herein set forth) having not less than the minimum number of votes that would be necessary to authorized or take such action at a meeting of members at which a quorum of members (or authorized persons) entitled to vote thereon were present and voted. Within ten (10) days after obtaining such authorization by written consent, notice must be given to members who have not consented in writing. The notice shall fairly summarize the material features of the authorized action. 4. Directors. 4.1 Membership. The affairs of the Association shall be governed by a Board of not less than three (3) nor more than five (5) directors, the exact number to be determined in the first instance in the Articles, and, thereafter, except as provided herein, from time to time upon majority vote of the membership. Directors, other than designees of Developer, must be unit Owners. 'A person who has been convicted of any felony by any court of record in the United States and who has not had the right to vote restored pursuant to the law of the jurisdiction of residence is not eligible for board membership. The validity of an action by the Board is not affected if it is later determined that a member of the Board is ineligible for Board membership due to having been convicted of a felony. 4.2 Election of Directors. The election of Directors shall be conducted in the following manner: (a) Election of Directors shall be held at the annual members' meeting, except as provided herein to the contrary. There shall be no quorum requirement, however, at least twenty percent (20 %) of the eligible voters must cast a ballot for an election to be valid. (b) Obtaining candidates for Director vacancies shall be performed in accordance with the requirements of 718.112(2)(4)(3). (c) The election shall be by secret written ballot and by a plurality of the votes cast, each person voting being entitled to cast his votes for each of as many candidates as there are vacancies to be filled. There shall be no cumulative voting: No Unit Owner shall permit any other person to vote his ballot and any such ballots improperly cast shall be deemed invalid. A unit owner who needs assistance in casting the ballot for the reasons stated in section 101.051, Florida Statutes, may obtain assistance in casting the ballot. No proxy shall be used in the election of the Board. 4.3 Vacancies and Removal. (a) Except as to vacancies resulting from removal of Directors by members, vacancies in the Board of Directors occurring between annual meetings of members shall be filled by the remaining Directors or the sole remaining Director, provided that all vacancies in directorships to which Directors were appointment by the Developer pursuant to the provisions of paragraph 4.1-6 hereof shall be filled by the Developer in accordance with the provisions of Rule 16B- 23.0026(1), Florida Administrative Code. (b) Any Director elected by the members (other than Developer) may be removed by concurrence of a majority of the votes of the members at a special meeting of members called for that purpose (which shall be called upon the demand of ten percent (10 %) or more of the voting interests of the Association Members) or by written agreement signed by a majority of the owners of all units. The vacancy in the Board of Directors so created shall be filled by the members at the same meeting, or by the Board of Directors in the case of removal by a written agreement unless said agreement also designates a new Director to take the place of the one removed. In the event a majority or more of the board members are removed, the vacancies shall be filled in accordance with the rules promulgated by the Division pursuant to Florida Statutes 718.112(2)0)(5). The conveyance of all Units owned by a Director in the Condominium (other than appointees of the Developer or Directors who were not Unit Owners) shall constitute the resignation of such Director. (c) Anything to the contrary herein notwithstanding, until a majority of Directors are elected by the members other than Developer of the Condominium, neither the first Directors of the Association, nor any Directors named by the Developer, shall be subject to removal by members other than the Developer. The first Directors and Directors replacing them may be removed and replaced by Developer without the necessity of any meeting. (d) If a vacancy on the Board of Directors' results in thn inability to obtain a quorum of Directors in accordance with these By -Laws, any Owner may apply to the Circuit Court within whose jurisdiction the Condominium lies for the appointment of a receiver to manage the affairs of the Association. At least thirty (30) days prior to applying to the Circuit Court, the Unit Owner shall mail to the Association and post in a conspicuous place as designated by the Board, on the Condominium Property a notice describing the intended action and giving the Association an opportunity to fill the vacancy(ies) in accordance with these By -Laws. If, during such time, the Association fails to fill the vacancy(ies), the Unit Owner may proceed with the petition. If a receiver is appointed, the Association shall be responsible for the salary of the receiver, court costs and attorneys' fees. The receiver shall have all powers and duties of a duly constituted Board of Directors, and shall serve until the Association fills the vacancy(ies) on the Board sufficient to constitute a quorum in accordance with these By -Laws. 4.4 Term. Except as provided herein to the contrary, the term of each Director's service shall extend until the next annual meeting of the members and subsequently until his successor is duly elected and has taken office, or until he is removed in the manner elsewhere provided. After such time as the Unit Owners, other than the Developer, have elected a majority of the Board of Directors, the Board may elect, by resolution of a majority of the Directors, to provide for increased and/or staggered terms of service. Such resolution shall set forth the method by which the terms may be staggered and the procedures for electing directors to the terms thus established. 4.5 Organizational Meeting. The organizational meeting of newly - elected or appointed Directors shall be held within ten (10) days of their election or appointment at such place and time as shall be fixed by the Directors upon proper notice pursuant to the provisions of Section 718.112(2)(c), Florida Statutes. 4.6 Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the Directors. Notice of regular meetings shall be given to each Director, personally or by mail, telephone or telegraph, and shall be transmitted at least three (3) days prior to the meeting. Regular meetings of the Board of Directors shall be open to all Unit Owners and notice of such meetings shall be posted conspicuously at a location designated by the Board, on the Condominium Property at least forty-eight (48) continuous hours in advance for the attention of the members of the Association, except in the event of an emergency, provided that Unit Owners shall be permitted the right to speak at such meetings with reference to all designated agenda items, subject to rules established by the Board. 4.7 Special Meetings. Special meetings of the Directors may be called by the President, and just be called by the President or Secretary at the written request of one -third (1/3) of the Directors. Notice of the meeting shall be given personally or by mail, telephone or telegraph, which notice shall state the time, place and purpose of the meeting, and shall be transmitted not less than three (3) days prior to the meeting. Special meetings of the Board of Directors shall be open to all Unit Owners and notice of a special meeting shall be posted conspicuously on the Condominium property at least forty-eight (48) continuous hours preceding the meeting for the attention of the members of the Association, except in the event of an emergency. However, written notice of any meeting at which non - emergency special assessments, or at which amendment to rules regarding unit use will be proposed, discussed, or approved, shall be mailed or delivered to the Unit Owner and posted conspicuously on the Condominium property not less than 14 days prior to the meeting. Evidence of compliance with this 14 -day notice shall be made by an affidavit executed by the secretary and filed among the official records of the Association. Upon notice to the Unit Owners, the Board shall by duly adopted rule designate a specific location on the Condominium property upon which all notices of Board meetings shall be posted. 4.8 Waiver of Notice. Any Director may waive notice of a meeting before or after the meeting and that waiver shall be deemed equivalent to the due receipt by said Director of notice. Attendance by any Director at a meeting shall constitute a waiver of notice of such meeting, except when his attendance is for the express purpose of objecting at the beginning of the meeting to the transaction of business because the meeting is not lawfully called. 4.9 Quoru m. A quorum at Directors' meetings shall consist of a majority of the entire Board of Directors. The acts approved by a majority of those present at a meeting at which a quorum is present shall constitute the acts of the Board of Directors, except when approval by a greater number of Directors is specifically required by the Declaration, the Articles or these By -Laws. 4.10 Adiourned Meetings. If, at any proposed meeting of the Board of Directors, there is less than a quorum present, the majority of those present may adjourn the meeting from time to time until a quorum is present, provided notice of such newly scheduled meeting is given as required hereunder. At any newly scheduled meeting any business that might have been transacted at the meeting as originally called may be transacted as set forth in the notice for the rescheduled meeting. 4.11 Joinder in Meeting. The joinder of a Director in the action of a meeting shall constitute the approval of that Director of the business conducted at the meeting, but such joinder shall not allow the applicable Director to be counted as being present for purposes of quorum. A Director may submit in writing agreement or disagreement with any action taken at a meeting the member did not attend. Such action may not be used as a vote for or against any action taken and may not be used to create a quorum. A member attending by telephone conference on a speaker phone may be counted toward a quorum and may vote by telephone. 4.12 Presiding Officer. The presiding officer at the Directors' meetings shall be the President (who may, however, designate any other Unit Owner to preside). 4.13 Order of Business. If a quorum has been attained; the order of business at Directors' meetings shall be: (a) Proof of due notice of meeting; (b) Reading and disposal or any unapproved minutes; (c) Reports of officers and committees; (d) Election of officers; (e) Unfinished business; (f) New business; (g) Adjournment. Such order may be waived in whole or in part by direction of the presiding officer. 4.14 Minutes of Meetings. The minutes of all meetings of the Board of Directors shall be kept in a book available for inspection by Unit Owners, or their authorized representatives, and Board members at any reasonable time. The Association shall retain these minutes for a period of not less than seven years. 4.15 Executive Committee; Other Committees. The Board of Directors may, by resolution duly adopted, appoint an Executive Committee to consist of three (3) or more members of the Board of Directors. Such Executive Committee shall have and may exercise all of the powers of the Board of Directors in management of the business and affairs of the Condominium during the period between the meetings of the Board of Directors insofar as may be permitted by law, except that the Executive Committee shall not have power (a) to determine the Common Expenses required for the affairs of the Condominium, (b) to determine the Assessments payable by the Unit Owners to meet the Common Expenses and regulations covering the details of the operation and use of the Condominium Property, or (d) to exercise any of the powers set forth in paragraph (f) and (o) of Section 5 below. The Board may by resolution also create other committees and appoint persons to such committees and invest in such committees such powers and responsibilities as the Board shall deem advisable. 4.16 Proviso. Notwithstanding anything to the contrary contained in this Section 4 or otherwise, the Board shall consist of three (3) directors during the period that Developer is entitled to appoint a majority of the Directors, as hereinafter provided. Developer shall have the right to appoint all of the members of the Board of Directors until Unit Owners other than Developer own fifteen (15 %) percent or more of the Units that will be operated ultimately by the Association, the Unit Owners other than Developer shall be entitled to elect not less than one -third (1/3) of the members of the Board of Directors. Upon the election of such director(s), Developer shall forward to the Division of Florida Land Sales, Condominiums and Mobile Homes the name and mailing address of the director(s) elected. Unit Owners other than Developer are entitled to elect not less than a majority of the members of the Board of Directors (a) three years after fifty (50 %) percent of the Units that will be operated ultimately by the Association have been conveyed to Purchasers; (b) three months after ninety (90 %) percent of the Units that will be operated ultimately by the Association have been conveyed to purchasers; (c) when all of the Units that will be operated ultimately by the Association have been conveyed to purchasers, and none of the others are being offered for sale by Developer in the ordinary course of business; (d) when some of the Units have been conveyed to purchasers, and none of the others are being constructed or offered for sale by Developer in the ordinary course of business, or (e) seven (7) years after recordation of the Declaration creating the Condominium, whichever occurs first. Developer is entitled (but not obligated) to elect at least one (1) member of the Board of Directors as long as Developer holds for sale in the ordinary course of business five percent (5 %) of the Units that will be operated ultimately by the Association. Developer can turn over control of the Association to Unit Owners other than Developer prior to such dates in its sole discretion by causing all of its appointed Directors to resign, whereupon it shall be the affirmative obligation of Unit Owners other than Developer to elect Directors and assume control of the Association. Provided at least sixty five (65) days' notice of Developer's decision to cause its appointees to resign is given to Unit Owners, neither Developer, nor such appointees, shall be liable in any manner in connection with such resignations even if the Unit Owners other than Developer refuse or fail to assume control. Not less than seventy -five (75) days after the Unit Owners other than Developer are entitled to elect a member or members of the Board of Directors, or sooner event as aforesaid, the Association shall call, and give not less than sixty (60) days' notice of a meeting of the Board of Directors in accordance with section 718.112(2)(d). The meeting may be called and the notice given by any Unit Owner if the Association fails to do so. Within a reasonable time after Unit Owners other than Developer elect a majority of the members of the Board of Directors of the Association (but not more than ninety (90) days after such event), Developer shall relinquish control of the Association and shall deliver to the Association all property of the Unit Owners and of the Association held or controlled by Developer, including, but not limited to, the following items, if applicable: (a) The original or a photocopy of the recorded Declaration of Condominium, and all amendments thereto. If a photocopy is provided, Developer must certify by affidavit that it is a complete copy of the actual recorded Declaration. (b) A certified copy of the Articles of Incorporation of the Association. (c) A copy of the By -Laws of the Association. (d) The minute books, including all minutes, and other books and records of the Association. (e) Any rules and regulations which have been adopted. (f) Resignations of resigning officers and Board members who were appointed by Developer. (g) The financial records, including financial statements of the association, and source documents from the incorporation of the Association through the date of the turnover. The records shall be reviewed by an independent certified public accountant. All financial statements shall be prepared in accordance with generally accepted accounting principles and shall be audited in accordance with generally accepted auditing standards, as prescribed by the Florida Board of Accountancy, pursuant to chapter 473. The accountant performing the review shall examine to the extent necessary supporting documents and records, including the cash disbursements and related paid invoices to determine if expenditures were for association purposes, and billings, cash receipts and related records to determine that Developer was charged and paid the proper amounts of assessments. (h) Association funds or the control thereof. (i) All tangible personal property that is the property of the Association or is or was represented by Developer to be part of the Common Elements or is ostensibly part of the Common Elements, and an inventory of such property. (j) A copy of the plans and specifications utilized in the construction or remodeling of Improvements and the supplying of equipment, and for the construction or remodeling of Improvements and the supplying of equipment, and for the construction and installation of all mechanical components servicing the Improvements and the Condominium Property, with a Certificate, in affidavit form, of an officer of the Developer or an architect or engineer authorized to practice in Florida, that such plans and specifications represent, to the best of their knowledge and belief, the actual plans and specifications represent, to the best of their knowledge and belief, the actual plans and specifications utilized in the construction and improvements of the Condominium Property and the construction and installation of the mechanical components serving the Improvements and the Condominium Property. (k) A list of the names and addresses, of which the Developer had knowledge at any time in the development of the Condominium, of all contractors, subcontractors, and suppliers utilized in the construction of the improvements and in the landscaping of the Condominium. ' (1) Insurance policies. (m) Copies of any Certificates of Occupancy which may have been issued for the Condominium Property. (n) Any other permits issued by governmental bodies applicable to the Condominium Property in force or issued within one (1) year prior to the date the Unit Owners take control of the Association. (o) All written warranties of contractors, subcontractors, suppliers and manufacturers, if any, that are still effective. (p) A roster of Unit Owners and their addresses and telephone numbers, if known, as shown on Developer's records. (q) Leases of the Common Elements and other Leases to which the Association is a party, if applicable. (r) Employment contracts or service contracts in which the Association is one of the contracting parties, or service contracts in which the Association or Unit Owners have an obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person or persons performing the service. (s) All other contracts to which the Association is a party. 4.17 Written Inquiry. In compliance with Section 718.112(2)(a)2, Florida Statutes, when a Unit owner files a written inquiry by certified mail with the board of directors, the board shall respond in writing to the unit owner within 30 days of receipt of the inquiry. The board's response shall either give a substantive response to the inquirer, notify the inquirer that a legal opinion has been requested, or notify the inquirer that advice has been requested from the division. If the board requests advice from the division, the board shall, within 10 days of its receipt of the advice, provide in writing a substantive response to the inquirer. If a legal opinion is requested, the board shall, within 60 days after the receipt of the inquiry, provide in writing a substantive response to the inquiry. The failure to provide a substantive response to the inquiry as provided herein precludes the board from recovering attorney's fees and costs in any subsequent litigation, administrative proceeding, or arbitration arising out of the inquiry. The association may through its board of administration adopt reasonable rules and regulations regarding the frequency and manner of responding to unit owner inquiries, one of which may be that the association is only obligated to respond to one written inquiry per unit in any given 30 -day period. In such a case, any additional inquiry or inquiries must be responded to in the subsequent 30 -day period, or periods, as applicable. Powers and Duties. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Condominium and may take all acts, through the proper officers of the Association, in executing such powers, except such acts which by law, the Declaration, the Articles or these By -Laws may not be delegated to the Board of Directors by the Unit Owners. Such powers and duties of the Board of Directors shall include, without limitation (except as limited elsewhere herein), the following: (a) Operating and maintaining the Common Elements. (b) Determining the expenses required for the operation of the Condominium and the Association. (c) Employing and dismissing the personnel necessary for the maintenance and operation of the Common Elements. (d) Adopting and amending rules and regulations concerning the details of the operation and use of the Condominium Property, subject to a right of the Unit Owners to overrule the Board as provided in Section 13 hereof. (e) Maintaining bank accounts on behalf of the Association and designating the signatories required therefor. (f) Purchasing, leasing or otherwise acquiring Units or other property in the name of the Association, or its designee. (g) Purchasing Units at foreclosure or other judicial sales, in the name of the Association, or its designee (h) Selling, leasing, mortgaging or otherwise dealing with Units acquired, and subleasing Units leased, by the Association, or its designee. W Organizing corporations and appointing persons to act as designees of the Association in acquiring title to or leasing Units or other property. (j) Obtaining and reviewing insurance for the Condominium Property pursuant to the provisions of 718.111 (11), Florida Statutes. (k) Making repairs, additions and improvements to, or alterations of, the Condominium Property, and repairs to and restoration of the Condominium Property, in accordance with the provisions of the Declaration after damage or destruction by fire or other casualty, or as a result of condemnation or eminent domain proceedings or otherwise. (1) Enforcing obligations of the Unit Owners, allocating profits and expenses and taking such other actions as shall be deemed necessary and proper for the sound management of the Condominium. (m) Levying fines against appropriate Unit Owners for violations of the rules and regulations established by the Association to govern the conduct of such Unit Owners. No fine shall exceed $100.00 (or such greater amount as may be permitted by law from time to time) nor may any fine be levied except after giving reasonable notice and opportunity for a hearing to the affected Unit Owner and, if applicable, his tenant, licensee or invitee. No fine shall become a lien upon a Unit. (n) Purchasing or leasing Units for use by resident superintendents and other similar persons. 10 (o) Borrowing money on behalf of the Condominium when required in connection with the operation, care, upkeep and maintenance of the Common Elements or the acquisition of property, and granting mortgages on and/or security interests in Association owned property; provided, however, that the affirmative vote of the Owners of at least two - thirds (2 /3rds) of all Units shall be required for the borrowing of any some which would cause the total outstanding indebtedness of the Association to exceed $10,000.00. If any sum borrowed by the Board of Directors on behalf of the Condominium pursuant to the authority contained in this subparagraph (o) is not repaid by the Association, a Unit Owner who pays to the creditor such portion thereof as his interest in his Common Elements bears to the interest of all the Unit Owners in the Common Elements shall be entitled to obtain from the creditor a release of any judgment or other lien which said creditor shall have filed or shall have the right to file against, or which will affect, such Unit Owner's Unit. (p) Contracting for the management and maintenance of the Condominium Property and authorizing a management agent (who may be an affiliate of Developer) to assist the Association in carrying out. its powers and duties by performing such functions as the submission of proposals, collection of Assessments, preparation of records, enforcement of rules and maintenance, repair, and replacement of the Common Elements with such funds as shall be made available by the Association for such purposes. The Association and its officers shall, however, retain at all times the powers and duties granted by the Condominium documents and the Act, including, but not limited to, the making of Assessments, promulgation of rules and execution of contracts on behalf of the Association. (q) At its discretion, authorizing Unit Owners or other persons to use portions of the Common Elements for private parties and gatherings (and imposing reasonable charges for such private use, but only if pursuant to a lease of the applicable facility). (r) Exercising (i) all powers specifically set forth in the Declaration, the Articles, these By -Laws and in the Act, (ii) all powers incidental thereto, and (iii) all other powers of a Florida corporation not for profit. (s) Imposing a lawful fee in connection with the approval of the lease or sublease not to exceed the maximum amount permitted by law in any one case. 6. Officers. 6.1 Executive Officers. The executive officers of the Association shall be a President, a Vice- President, a Treasurer and a Secretary (none of whom need be Directors), all of whom shall be elected by the Board of Directors and who may hold more than one office, except that the President may not also be the Secretary. No person shall sign an instrument or perform an act in the capacity of more than one office. The Board of Directors from time to time shall elect such other officers and designate their powers and duties-as the Board shall-deem necessary -or appropriate to manage the affairs of the Association. Officers, other than designees of Developer, must be Unit Owners. 6.2 President. The President shall be the chief executive officer of the Association. He shall have all of the powers and duties that are usually vested in the office of president of an association. 6.3 Vice - President. The Vice- President shall exercise the powers and perform the duties of the President in the absence or disability of the President. He also shall assist the 11 President and exercise such other powers and perform such other duties as are incident to the office of the vice president of an association and as may be required by the Directors or the President. 6.4 Secre . The Secretary shall keep the minutes of all proceedings of the Directors and the members. He shall attend to the giving of all notices required by law. He shall have custody of the seal of the Association and shall affix it to instruments requiring the seal when duly signed. He shall keep the records of the Association, except those of the Treasurer, and shall perform all other duties incident to the office of the secretary of an association and as may be required by the Directors or the President. 6.5 Treasurer. The Treasurer shall have custody of all property of the Association, including funds, securities and evidence of indebtedness. He shall keep books of account for the Association in accordance with good accounting practices, which, together with substantiating papers, shall be made available to the Board of Directors for °xamination at reasonable times. He shall submit a treasurer's report to the Board of Directors at reasonable intervals and shall perform all other duties incident to the office of treasurer and as may be required by the Directors or the President. All monies and other valuable effects shall be kept for the benefit of the Association in such depositories as may be designated by a majority of the Board of Directors. Compensation. Neither Directors nor officers shall receive compensation for their services as such, but this provision shall not preclude the Board of Directors from employing a Director or officer as an employee of the Association, nor preclude contracting with a Director or officer for the management of the Condominium or for any other service to be supplied by such Director or officer. Directors and officers shall be compensated for all actual and proper out of pocket expenses relating to the proper discharge of their respective duties. Resignations. Any Director or officer may resign his post at any time by written resignation, delivered to the President or Secretary, which shall take effect upon its receipt unless a later date is specified in the resignation, in which event the resignation shall be effective from such date unless withdrawn. The acceptance of a resignation shall not be required to make it effective. The conveyance of all Units owned by any Director or officer (other than appointees of Developer or officers who were not Unit Owners) shall constitute a written resignation of such Director or officer. Fiscal Mana eg ment. The provisions for fiscal management of the Association set forth in the Declaration and Articles shall be supplemented by the following provisions: 9.1 Budget. (a) Adoption by Board; Items. The Board of Directors shall from time to time, and at least annually prepare a budget for the Condominium (which shall detail all accounts and items of expense and contain at least all items set forth in Section 718.504(21) of the Act, if applicable), determine the amount of Assessments payable by the Unit Owners to meet the expenses of such Condominium and allocate and assess such expenses among the Unit Owners in accordance with the provisions of the Declaration. In addition to annual operating expenses, the budget shall include reserve accounts for capital expenditures and deferred maintenance (to the extent required by law). These accounts shall include, but not be limited to, roof replacement, building painting and pavement resurfacing regardless of the amount of deferred maintenance expense or replacement costs, and for any other item for which the deferred maintenance expense or replacement cost exceeds $10,000.00. The amount of reserves shall be computed by means of a formula which is based upon the estimated remaining useful life and the estimated replacement costs of each reserve item. The Association may adjust replacement reserve 12 assessments annually to take into account any extension of the useful life of a reserve item caused by deferred maintenance. Reserves shall not be required if the members of the Association have, by a majority vote at a duly called meeting of the members, determined for a specific fiscal year to provide no reserves or reserves less adequate than required hereby. However, prior to turnover of control of the Association by the Developer, the Developer may vote to waive the reserves for the first two (2) fiscal years of the Association's operation beginning with the fiscal year in which the Declaration is recorded, after which time reserves may only be waived or reduced upon the vote of a majority of non - developer voting interests present at a duly called meeting of the Association. If a meeting of Unit Owners has been called to determine to provide no reserves or reserves less adequate than required, and such result is not attained or a quorum is not attained, the reserve, as included in the budget, shall go into effect. The adoption of a budget for the Condominium shall comply with the requirements hereinafter set forth: (i) Notice of Meeting. A copy of the proposed budget of Common Expenses shall be hand delivered or mailed to each Unit Owner at least fourteen (14) days prior to the meeting of the Board of Directors at which the budget will be considered, together with a notice of that meeting indicating the time and place of such meeting. The meeting shall be open to all the Unit Owners. An officer or manager of the Association, or other person providing notice of such meeting, shall execute an affidavit evidencing compliance with such notice requirement. Such affidavit shall be filed among official records of the Association. (ii) Special Membership Meeting. If the Board of Directors adopts in any fiscal year an annual budget which requires assessments against Unit Owners which exceed 115 percent of assessments for the preceding fiscal year, the Board of Directors shall conduct a special meeting of the Unit Owners to consider a substitute budget if the Board of Directors receives, within 21 days after adoption of the annual budget, a written request for a special meeting from at least 10 percent of all voting interests. The special meeting shall be conducted within 60 days after adoption of the annual budget. At least 14 days prior to such special meeting, the Board of Directors shall hand deliver to each Unit Owner, or mail to each Unit Owner at the address last furnished to the Association, a notice of the meeting. An officer or manager of the Association, or other person providing notice of such meeting shall execute an affidavit evidencing compliance with this notice requirement, and such affidavit shall be filed among the official records of the Association. Unit Owners may consider and adopt a substitute budget at the special meeting. A substitute budget is adopted if approved by a majority of all voting interests. If there is not a quorum at the special meeting or a substitute budget is not adopted, the annual budget previously adopted by the Board-of Directors shall take effect as scheduled: - (iii) Determination of Budget Amount. In determining whether a budget requires Assessments against Unit Owners in any year exceeding one hundred fifteen percent (115 %) of Assessments for the preceding year, there shall be excluded in the computations any authorized provisions for reasonable reserves made by the Board of Directors in respect of repair or replacement of the Condominium Property or in respect of anticipated expenses of the Association which are not anticipated to be incurred on a regular or annual basis, and there shall 13 be excluded further from such computation Assessments for improvements to the Condominium Property. (iv) Proviso. As long as Developer is in control of the Board of Directors of the Association, the Board shall not impose Assessments for a year greater than one hundred fifteen percent (115 %) of the prior year's Assessments, without the approval of a majority of Unit Owners other than the Developer. (b) Adoption by Membership. In the event that the Board of Directors shall be unable to adopt a budget for a fiscal year in accordance with the requirements of Subsection 9.1(a) above, the Board of Directors may call a special meeting of Unit Owners for the purpose of considering and adopting such budget, which meeting shall be called and held in the manner provided for such special meetings in said subsection, or propose a budget in writing to the members at a duly called meeting, and if such budget is adopted by the members; upon ratification by a majority of the Board of Directors, it shall become the budget for such year. 9.2 Assessments. Assessments against Unit Owners for their share of the items of the budget shall be made for the applicable fiscal year annually in the year preceding the year for which the Assessments are made. Such Assessments shall be due in equal installments, payable in advance on the first day of each month (or each quarter at the election of the Board) of the year for which the Assessments are made. If annual assessments are not made as required, Assessments shall be presumed to have been made in the amount of the last prior Assessments, and monthly (or quarterly) installments on such Assessments shall be due upon each installment payment date until changed by amended Assessments. In the event the annual Assessments prove to be insufficient, the budget and Assessments may be amended at any time by the Board of Directors, subject to the provisions of Section 9.1 hereof, if applicable. Unpaid Assessments for the remaining portion of the fiscal year for which amended Assessments are made shall be payable in as many equal installments as there are full months (or quarters) of the fiscal year left as of the date of such amended Assessments, each such monthly (or quarterly) installment to be paid on the first day of the month (or quarter), commencing the first day of the next ensuing month (or quarter). If only a partial month (or quarter) remains, the amended Assessments shall be paid with the next regular installment in the following year, unless otherwise directed by the Board in its resolution. 9.3 Special Assessments and Capital Improvement Assessments. Special Assessments and Capital Improvement Assessments (as defined in the Declaration) shall be levied as provided in the Declaration and shall be paid in such manner as the Board of Directors of the Association may require in the notice of such Assessments. 9.4 Depository. The depository of the Association shall be such bank or banks in the State as shall be designated from time to time by the Directors and in which the monies of the Association shall be deposited. Withdrawal of monies from those accounts shall be made only by checks signed by such person or persons as are authorized by the Directors. All sums collected by the Association from Assessments or contributions to.working capital or otherwise may be commingled in a single fund for investment purposes or divided into more than one fund, as determined by a majority of the Board of Directors. Such funds must be accounted for separately, and the combined account balance may not at any time be less than the amount identified as reserve funds in the combined account. 9.5 Acceleration of Installments Upon Default. If a Unit Owner shall be in default in the payment of an installment upon his Assessments, the Board of Directors or its agent may accelerate the Assessments due for the balance of the budget year and file a claim of lien therefor and the then unpaid balance of the Assessments for the balance 14 of the year shall be due upon the date stated in the lien. 9.6 Fidelity Bonds. Fidelity bonds shall be required by the Board of Directors for all persons handling of responsible for Association funds. The fidelity bond must cover the maximum funds that will be in the custody of the Association or management agent at any one time. The premiums on such bonds shall be paid by the Association as a Common Expense. 9.7 Accounting Records and Reports. The Association shall maintain accounting records in the State, according to accounting practices normally used by similar associations. The records shall be open to inspection by Unit Owners or their authorized representatives at reasonable times and written summaries of them shall be supplied at least annually. The records shall include, but not be limited to, (a) a record of all receipts and expenditures, and (b) an account for each Unit designating the name and current mailing address of the Unit Owner, the amount of Assessments, the dates and amounts in which the Assessments come due, the amount paid upon the account and the dates so paid, and the balance due. Written summaries of the records described in clause (a) above, in the form and manner specified below, shall be supplied to each Unit Owner annually. Within ninety (90) days following the end of the fiscal year, or annually on a date provided in the ByLaws, the Association prepare and complete, or contract for the preparation and completion of a financial report for the preceding fiscal year which complies with the requirements of Section 718.111(13), Florida Statutes. Within 21 days after the financial report is completed by the Association or received from the third party, but not later than 120 days after the end of the fiscal year or other date as provided in the ByLaws, the Association shall mail to each Unit Owner at the address last furnished to the Association by the unit Owner, or hand deliver to each Unit Owner, a copy of the financial report or a notice that a copy of the financial report will be mailed or hand delivered to the Unit Owner, without charge, upon receipt of a written request from the Unit Owner. The report shall show the amount of receipts by accounts and receipt classifications and shall show the amount of expenses by accounts and expense classifications, including, if applicable, but not limited to, the following: a. Cost for security; b. Professional and management fees and expenses; C. Taxes; d. Costs for recreation facilities; e. Expenses for refuse collection and utility services; f. Expenses for lawn care; g. Cost for building maintenance and repair; h. Insurance costs; i. Administrative and salary expenses; j. Reserves for capital expenditures, deferred maintenance, and any other category for which the Association maintains a reserve account or accounts; k. Fees payable to the Division; and 15 Operating Capital. 9.8 Application of Payment. All payments made by a Unit Owner shall be applied as provided in these By -Laws and in the Declaration or as otherwise determined by the Board in accordance with the Act. 9.9 Notice of Meetings. Notice of any meeting where Assessments against Unit Owners are to be considered for any reason shall specifically contain a statement that Assessments will be considered and the nature of any such Assessments. 10. Roster of Unit Owners. Each Unit Owner shall file with the Association a copy of the deed or other document showing his ownership. The Association shall maintain such information. The Association may rely upon the accuracy of such information for all purposes until notified in writing of changes therein as provided above. Only Unit Owners of record on the date notice of any meeting requiring their vote is given shall be entitled to notice of and to vote at such meeting, unless prior to such meeting other Owners shall produce adequate evidence, as provided above, of their interest and shall waive in �, �;i iting notice of such meeting. 11. Parliamentary Rules. Roberts' Rules of Order (latest edition) shall govern the conduct of the Association meetings when not in conflict with the Declaration, the Articles or these By- Laws. 12. Amendments. Except as in the Declaration provided otherwise, these By -Laws may be amended in the following manner: 12.1 Notice. Notice of the subject matter of a proposed amendment shall be included in the notice of a meeting at which a proposed amendment is to be considered. 12.2 Adoption. A resolution for the adoption of a proposed amendment may be proposed either by a majority of the Board of Directors or by not less than one -third (1/3) of the members of the Association. A member of the Board of Directors may submit in writing his or her agreement or disagreement with any action taken at a meeting that the member did not attend. This agreement or disagreement may not be used as a vote for or against the action taken and may not be used for purposes of creating a forum. The Approval must be: (a) by not less than a majority of the votes of all members of the Association represented at a meeting at which a quorum has been attained and by not less than 66 -2/3% of the entire Board of Directors; or (b) after control of the Association has been turned over to the Unit Owners other than Developer, by not less than 80% of the votes of the members of the Association represented at a meeting at which a quorum has been attained. 12.3 Proviso. No amendment may be adopted which would eliminate, modify, prejudice, abridge or otherwise adversely affect any rights, benefits, privileges or priorities granted or reserved to the Developer or mortgagees of Units without the consent of said Developer and mortgagees in each instance. No amendment shall be made that is in conflict with the Articles or Declaration. No amendment to this Section shall be - valid. 12.4 Execution and Recording. A copy of each amendment shall be attached to a certificate certifying that the amendment was duly adopted as an amendment of the Declaration and By -Laws, which certificate shall be executed by the President or Vice - President and attested by the Secretary or Assistant Secretary of the Association with the formalities of a deed, or by Developer alone if the amendment has been adopted consistent with the provisions of the Declaration allowing such action by Developer. The amendment shall be effective when the certificate and a copy of the 16 amendment is recorded in the Public Records of the County with an identification on the first page of the amendment of the Official Records Book and Page of said Public Records where the Declaration is recorded. 13. Rules and Regulations. Attached hereto as Schedule A and made a part hereof are initial rules and regulations concerning the use of portions of the Condominium. The Board of Directors may, from time to time, modify, amend or add to such rules and regulations, except that subsequent to the date control of the Board is turned over by the Developer to Unit Owners other than Developer, Owners of a majority of the Units may overrule the Board with respect to any such modifications, amendments or additions. Copies of such modified, amended or additional rules and regulations shall be furnished by the Board of Directors to each affected Unit Owner not less than thirty (30) days prior to the effective date thereof. At no time may any rule or regulation be adopted which would prejudice the rights reserved to Developer. 14. Construction. Wherever the context so permits, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall be deemed to inelbzde all genders. 15. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define or limit the scope of these By -Laws or the intent of any provision hereof. 16. Official Records. From the inception of the Association, the Association shall maintain a copy of each of the following, where applicable, which shall constitute the official records of the Association: (a) The plans, permits, warranties, and other items provided by Developer pursuant to Section 718.301(4) of the Act; (b) A photocopy of the recorded Declaration of Condominium and all amendments thereto; (c) A photocopy of the recorded By -Laws of the Association and all amendments thereto; (d) A certified copy of the Articles of Incorporation of the Association or other documents creating the Association and all amendments thereto; (e) A copy of the current Rules and Regulations of the Association; (f) A book or books containing the minutes of all meetings of the Association, of the Board of Directors, and of Unit Owners, which minutes shall be retained for a period of not less than 7 years. (g) A current roster of all Unit Owners, their mailing addresses, Unit identifications, voting certifications, and if known, telephone number; (h) All current insurance policies of the Association and the Condominium; (i) A current copy of any management agreement, lease, or other contract to which the Association is a party or under which the Association or the Unit Owners have an obligation or responsibility; (j) Bills of sale or transfer for all property owned by the Association; (k) Accounting recordings for the Association and the accounting records for the Condominium, according to the good accounting practices. All accounting records shall be maintained for a period of not less than 7 years. The accounting records shall include, but not be limited to: 17 1. Accurate, itemized, and detailed records for all receipts and expenditures. 2. A current account and a monthly, bimonthly, or quarterly statement of the account for each Unit designating the name of the Unit Owner, the due date and amount of each Assessment, the amount paid upon the account, and the balance due. 3. All audits, reviews, accounting statements, and financial reports of the Association or Condominium. 4. All contracts for work to be performed. Bids for work to be performed shall also be considered official records and shall be maintained for a period of 1 yea", (1) Ballots, sign -in sheets, voting proxies and all other papers relating to elections, which shall be maintained for a period of 1 year from the date of the meeting to which the documents relates; (m) All rental records where the Association is acting as agent for the rental of Units. (n) A copy of the current Question and Answer Sheet as described by the Section 718.504, Florida Statutes. (o) All other records of the Association not specifically included in the foregoing which are related to the operation of the Association. The official records of the Association shall be maintained on the Condominium property. The official records of the Association shall be open to inspection by any Association member or the authorized representative of such member at all reasonable times. The failure of the Association to provide the records within five (5) working days after receipt of a written request shall create a rebuttable presumption that the Association willfully failed to comply with this paragraph. A Unit Owner who is denied access to official records is entitled to the actual damages or minimum damages of $50.00 per calendar day up to ten (10) days, the calculation to begin on the eleventh working day after receipt ofthe written request. Failure to permit inspection of the Association records as provided herein entitles any person prevailing in an enforcement action to recover reasonable attorneys' fees from the person in control of the records who, directly or indirectly, knowingly denies access to the records for inspection. The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the Association member. 16.1 Certificate of Compliance. A Certificate of Compliance from a licensed electrical contractor or electrician may be accepted by the Association's board as evidence of compliance of the condominium units to the applicable fire and life safety code. 1.7. Arbitration. Any internal disputes arising from the operation of the Condominium between Unit Owners and the Association, or the agent or assigns of Unit Owners or the Association may be resolved through mandatory non - binding arbitration as provided for in Section 718.1255, Florida Statutes. The foregoing was adopted as the By -Laws of DOCKSIDE CONDOMINIUM ASSOCIATION CLEARWATER BEACH, INC., a corporation not for profit on the 3rd day of October, 2007. Approved: /s/ Pedro P. Benevides Pedro P. Benevides, President /s/ David Brannon David Brannon, Secretary 16 SCHEDULE "A" TO BY -LAWS RULES AND REGULATIONS FOR DOCKSIDE, A CONDOMINIUM 1. The sidewalks, entrances, passages and hallways and like portions of the Common Elements shall not be obstructed nor used for any purpose other than for ingress and egress to and from the Condominium Property; nor shall any carts, bicycles, carriages, chairs, tables or any other objects be stored therein, except in areas (if any) designated for such purposes. 2. The personal property of Unit Owners and occupants must be stored in their respective Units. 3. No articles other than patio -type furniture shall be placed on the Common Elements. No linens, cloths, clothing, curtains, rugs, mops or laundry of any kind, or other articles, shall be shaken or hung from any of the windows, doors, or other portions of the Condominium Property. 4. No Unit Owner or occupant shall permit anything to fall from a window or door of the Condominium Property, nor sweep or throw from the Condominium Property any dirt or other substance onto any of the patios, terraces or elsewhere in the Building or upon the Common Elements. 5. No garbage, refuse, trash or rubbish shall be deposited except as permitted by the Association. The requirements from time to time of the company or agency providing trash removal services for disposal or collection shall be complied with. All equipment for storage or disposal of such material shall be kept in a clean and sanitary condition. 6. No repair of vehicles shall be made on the Condominium Property. 7. No unit Owner or occupant shall make or permit any disturbing noises by himself or his family, servants, employees, agents, visitors or licensees, or pets, nor permit any conduct by such persons or pets that will interfere with the rights, comforts or conveniences of other Unit Owners or occupants. No Unit Owner or occupant shall play or permit to be played any musical instrument, nor operate or permit to be operated a phonograph, television, radio or sound amplifier in his Unit in such a manner as to disturb or annoy other residents. No Unit Owner or occupant shall conduct, nor permit to be conducted, vocal or instrumental instruction at any time which disturbs other residents. 8. No radio or television, mechanical or electronic installation may be permitted in any Unit which interferes with the television or radio reception of another Unit. 9. No sign, advertisement, notice or other graphics or lettering shall be exhibited, displayed, inscribed, painted or affixed in, on or upon any part of the Condominium Property, except signs used or approved by the Association. Additionally, no awning, canopy, shutter or other projection shall be attached to or placed upon the outside walls or roof of the Building or on the Common Elements by a Unit Owner, except hurricane shutters approved by the Association. 10. No flammable, combustible or explosive fluids, chemicals or substances shall be kept in any Unit or on the Common Elements. 11. A Unit Owner or occupant shall not cause anything to be affixed or attached to, hung, displayed or placed on the exterior walls, doors, balconies or windows of the Building except for one (1) portable removable United States flag and except for on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day Unit Owners may display in a respectful way portable, removable official flags, not larger than 4 -1/2 feet by 6 feet, that represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard. Curtains and drapes (or linings thereof) which face on exterior windows or glass doors of Units shall be subject to disapproval by the Board, in which case they shall be removed and replaced with acceptable items. 12. No window air - conditioning units may be installed by Unit Owners or occupants. No Unit shall have any aluminum foil placed in any window or glass door or any reflective or tinted substance placed on any glass, unless approved, in advance by the Board of Directors in writing. No unsightly materials may be placed on any window or glass door or be visible through such window or glass door. 13. No exterior antennae shall be permitted on the Condominium Property or Improvements thereon, provided that the Association or Developer shall have the right to install and maintain community antennae, radio and television cables and lines, and security and communications systems. 14. Children will be the direct responsibility of their parents or legal guardians, including full supervision of them while within the Condominium Property and including full compliance by them with these Rules and Regulations and all other rules and regulations of the Association. Loud noises will not be tolerated. All children under.ten (10) years of age must be accompanied by a responsible adult when using the recreational facilities. No glass is allowed in pool area. 15. No reptiles or wildlife shall be kept or maintained in or about the Condominium Property. 16. The pool areas will open at 8:00 a.m. and close at 9:00 p.m. The laundry room opens at 8:00 a.m, and closes at 9:00 p.m. 17. Every Owner and occupant shall comply with these Rules and Regulations as set forth herein, any and all rules and regulations which from time to time may be adopted, and the provisions of the Declaration, By -Laws and Articles of the Association, as amended from time to time. Failure of an Owner or occupant to so comply shall be grounds for action which may include, without limitation, an action to recover sums due for damages, injunctive relief, or any combination thereof. In addition to all other remedies, in the sole discretion of the Board of Directors of the Association, a fine or fines may be imposed upon an Owner for failure of an Owner, his family, guests, invitees, lessees or employees, to comply with any covenant, restriction, rule or regulation herein or in the Declaration or By -Laws, provided the following procedures are adhered to: a) Notice: The Association shall notify the Owner or occupant of the infraction or infractions. Included in the notice shall be a date and time of a hearing at which time the Owner or occupant shall present reasons why penalties should not be imposed. b) Hearing: The non - compliance shall be presented to a committee of other unit owners. C) Fines: If the Committee agrees with the fine, the Association may impose fines against the applicable Unit up to the maximum amount of $100.00'per violation per day of continuing violations, not to exceed the aggregate of $1,000.00, (or such greater amount as may be permitted by law from time to time). d) Violations: Each separate incident which is grounds for a fine shall be the basis of one separate fine. In the case of continuing violations, each continuation of same after a notice thereof is given shall be deemed a separate incident, one (1) for each day of such continuation, provided that no such fine shall in the aggregate exceed $1,000.00 (or such greater amount as may be permitted by law from time to time). e) Payment of Fines: Fines shall be paid not later than thirty (30) days after notice of the imposition thereof. f) Application of Fines: All monies received from fines shall be allocated as directed by the Board of Directors. g) Non - Exclusive Remedy: These fines shall not be construed to be exclusive and shall exist in addition to all other rights and remedies to which the Association may be otherwise legally entitled; however, any penalty paid by the offending Owner or occupant shall be deducted from or offset against any damages which the Association may otherwise be entitled to recover by law from such Owner or occupant. 18. Boat Docking Facilities Rules and Regulations. A. Only Unit Owners of DOCKSIDE, a Condominium or their guests or tenants shall be allowed to use a boat slip. B. The boat slips and facilities shall not be obstructed, littered, or defaced, or misused in any manner. C. The boat slip users shall not cause or permit anything to be hung, displayed, or posted on the boat slip facilities (or on the boat while in the slip) without written approval of the Board of Directors of the Association. D. No carpet of any type shall be allowed on the docks at any time. Door mat type pads for cleaning shoes shall not be left on docks. E. The boat slip users shall be responsible for any carelessness and consequential damages sustained by the Association for all damage to any portion of the boat slip facilities under control of said association, resulting from such slip user carelessness. F. Improvement or alterations to the boat slips shall be done only with the written consent of the Board of Directors. No covered facilities shall be installed nor shall be permitted to be constructed at any time. Lift equipment shall be stainless steel or aluminum - painted marine grey in color. Applicable pen-nits must be obtained and all codes must be followed. Only `topless' (as commonly used or called in the industry) lifts will be allowed e.g. there will be no lifts allowed which have cross bars over the tops of the pilings. G. Slip users shall be responsible to keep their dock area clean, tidy, and orderly at all times. All water hose and power shore lines, if any, shall be stored in a neat and orderly manner. When shore lines are in use they shall be connected in such a way as not to create a hazard. H. Cleaning or painting of boat hulls is not permitted at any time at the docks. Only scuba cleaning may be done. I. No combustibles shall be stored on the boat dock or in the boat slip area. J. Children (under the age of 12) shall not be present in the dock area or be unattended on a boat unless accompanied by an adult (age 16 or older). K. The installation of additional lights of any kind must be done with the prior written consent of the Board of Directors. All codes must be complied with in installation. No high intensity fish lights will be allowed. L. There shall be no dock boxes without the written consent of the Board of Directors. M. Boat owners shall not berth their boat in a slip assigned to someone else without the prior written approval of that slip user. A copy of such approval shall be given to the Board of Directors before moving the boat. N. Slip users shall be responsible for liability insurance on their boat slip area. Any and all boats berthed in a slip shall carry a minimum of $300,000 of liability insurance at all times. Proof of said coverages shall be submitted annually to the Board of Directors. O. Slip users shall be responsible and pay for all separately metered utilities servicing their slips where applicable. 19. The rules and regulations shall be cumulative with the covenants, conditions and restrictions set forth in the Declaration of Condominium, provided that the provisions of same shall control over these rules and regulations in the event of a conflict or doubt as to whether a specific practice or activity is or is not permitted. All of these rules and regulations shall apply to all Owners and occupants even if not specifically so stated in portions hereof. The Board of Directors shall be permitted (but not required) to grant relief to one or more Unit Owners from specific rules and regulations upon written request therefore and good cause shown in the sole opinion of the Board. HA\Law Office Files\Ken Arsenault\Page \DOCKSIDE \CONDO DRAM\Bylaw Rules.doc 4 EXHIBIT "5" TO DECLARATION with Reserves Unit # Monthly Annual Fee ALL UNITS $494.59 $5,935.04 PER MONTH ANNUAL REGULAR MONTHLY ASSESSMENTS FOR COMMON EXPENSES FOR EACH UNIT OWNER OTHER THAN DEVELOPER. ME,]E>LN kk S']Cr� IUI� S1U ]E�� IE3�ILNrt3}, ItN C PROFESSIONAL SURVEYORS AND MAPPERS B015 OLD COU11TY ROAD 140. 54 NEW PORT RICHEY. FLORIDA 34653 OFFICE_ 727 -034 -8140 FAX: 721 -B34 -0150 SKETCH AND LEGAL DESCRIPTION: EXHIBIT 116u LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION B, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DECRIBED AS FOLLOWS: LOTS 9, 10 AND 11 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 AND THAT PORTION OF LAND LYING BETWEEN LOT 11 OF SAID COLUMBIA SUBDIVISION No. 5, AND LOT 1, BLOCK A OF BAYSIDE SUBDIVISION No. 4, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 3B, PAGES 36 -39 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING FURTHER DESCRIBED AS FOLLOWS, {THE FOLLOWING BEING ONE IN THE SAME-): BEGINNING AT THE NORTHWEST CORNER OF LOT 9 OF COLUMBIA SUBDIVISION No. S. ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 77'2513011 EAST, ALONG THE NORTH LINE OF SAID LOT 9, A DISTANCE OF 120.00 FEET; THENCE SOUTH 12° 34'30" WEST, A .DISTANCE OF 24.41 FEET; THENCE SOUTH 541 25130" EAST, A DISTANCE OF 65AB FEET TO THE WEST BOUNDARY OF SAID BAYSIDE SUBDIVISION No. 4; THENCE SOUTH 12,34130" WEST, ALONG SAID WEST BOUNDARY, A DISTANCE OF 217.27 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF GULFVIEW BOULEVARD: THENCE NORTH 54° 25'30" WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 195.54 FEET TO THE EASTERLY RIGHT -OF -WAY LINE OF HAMDEN DRIVE-, THENCE NORTH 12'34'30" EAST, ALONG SAID .EASTERLY RIGHT -OF -WAY LINE A DISTANCE OF 190.15 FEET TO THE POINT OF BEGINNING. CONTAINING 38,965 SQUARE FEET, OR 0.8945 ACRES MORE OR LESS. NOTES: 1. BEARINGS AND DISTANCE SHOWN HEREON ARE BASED ON THE WEST LINE OF LOTS 4 -8. OF BAYSIDE SUBDIVISION No. 5. ACCORDING TO THE MAP OR PLAT THEREOF, HAVING A BEAR ING'OF SOUTH 12 °34'30" WEST. 2. THIS 1S NOT.A BOUNDARY SURVEY. BUT'DNLY A LEGAL DESCRIPT113M OF THE GRAPHIC DEPICTION AS SHOWN ON SHEET 2 OF 2 AND 15 NULL AND VOID WITHOUT BOTH SHEETS.' BRUCE A. ICLEIN PROFESSIONAL SSURVEYOR AND }.TAPPER FLORIDA UCENSED No. PSFA 5052 PHASE 11- BOUNDARY DATE, JOB No. 060001.8 1 DATE: 02 /L /07 1 SHEET: 1 OF z SHEETS KEN BURKE, CLERK OF COURT PREPARED BY & RETURN TO: PINELLAS COUNTY FLORIDA PLANNING DEPARTMENT INST# 2007242690 07/2012007 at 02:55 PM OFF REC BK: 15898 PG: 2514 -2515 100 S. MYRTLE AVENUE, 2 "o FLOOR DocType:AGM RECORDING: $18.50 CLEARWATER, FL 33756 PHONE: 727 - 562 -4567; FAX: 727 - 562 -4865 DECLARATION OF UNITY OF TITLE Property Owner: Fulvio DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004, as Amended and Restated on September 15, 2004, and again on July 1, 2005. Property Address: 504 South Gulfview Blvd. Clearwater FL 33767 KNOW OF ALL MEN BY THESE PRESENTS. that pursuant to the ordinances of the Cite of Clearwater pertaining to the issuance of building permits and re-ulating land development activities. the undersigned. being the fee owner (s) of the following described real property (legal description) situated in the Cite of Clear% a tei. County of Pinellas and State of Florida, to wit: Attached hereto as Exhibit "A" do hereby make the following declaration of conditions, limitations and restrictions on said lands, hereafter to be known and referred to as a DECLARATION OF UNITY OF TITLE. as to the followinlI particulars: I. That the aforesaid plot or combination of separate lots, plots, parcels. -acreage or portions thereof• shall hereafter be re-arded as and is hereby declared to be unified under one title as an indivisible building, site. 2. That the said property shall henceforth be considered as one plot or parcel of land• and that no portion thereof shall be sold. assigned. transferred• conveyed or devised separatel} except in its entirety. as one plot or parcel of land. 3. That this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law. and shall be binding upon the undersigned, and the heirs. successors and assigns of the undersigned. and all parties claiming under them until such time as the same may be released in writing, under the order_ of the City Manager of the City of Clearwater. The undersigned also agrees) that this instrument shall be recorded in the public records of Pinellas Count-,-, Florida. , Sinned. sealed. -witnessed and acknowledged this day of 2007 at Clearwater, Florida. W E �E�•'. OWNER (S)( li4e/� ✓f✓."- tjVA, Vt,116 Faft Fulvio DiVello, Trustee ST:kTE OF FLORIDA COUNTS' OF PINELLAS The tbregoina instrtnnent %%as ackno%% led ged before me this ZlC© d:I% of Js+P Notary Public State of Florida r° Kent Runnells My Commission DD682255 ►!'Of M1 Expires 06 /05/2011 (SEAL ABOVE) - 200"? . b, half t 0111 be u ��hth 'nstntment ��as executed. Notan Public Signature \anteot'Notnr% Printed Notan Commission Number: Pe kf nall.� knulln or rro lined i 'lentilicatioll Type of identification produced AJS.- LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE .15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DECRIBED AS FOLLOWS: LOTS 9; 10 AND 11 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT .BOOK 31, PAGE 16 AND THAT PORTION OF LAND LYING BETWEEN LOT 11 OF SAID COLUMBIA SUBDIVISION No. 5, AND LOT 1; BLOCK: A OF B.AYSIDE SUBDIVISION No. 4, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 38, PAGES 38 -39 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. Exhibit "A" • Wells, Wayne From: Kent Runnells [kbrlaw @tampabay.rr.com] Sent: Thursday, October 04, 2007 9:42 PM To: Wells, Wayne Cc: pete @flyskyview.com; Jazcd15 @aol.com Subject: RE: FLD2007- 04012, 445 Hamden Drive and 504 South Gulfview Boulevard WAYNE: FOR SOME REASON I CAN'T GET MY COLOR SELECTOR TO WORK, SO I AM ANSWERING YOUR QUESTIONS IN ALL CAPS. SORRY. - - - -- Original Message---- - From: Wayne. Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com] Sent: Tuesday, October 02, 2007 5:59 PM To: kbrlaw @tampabay.rr.com Cc: michael.delk @MyClearwater.com; Leslie.Dougall- Sides @myClearwater.com; Debbie.Reid @myClearwater.com Subject: FLD2007- 04012, 445 Hamden Drive and 504 South Gulfview Boulevard Kent - On June 19, 2007, the above case was approved by the CDB with 16 conditions. Many of these conditions were time sensitive. Was wondering what the status is of the following: 1. That Declaration of Unity of Title documents each for the hotel lot and the attached dwelling lot be recorded in the public records by July 19, 2007; COMPLETED 2. That any future change of use to attached dwellings or other residential uses for the southern hotel lot .(Parcel B) be developed with five (5) less dwelling units (or residential equivalent) than permitted under maximum density regulations. Such use /density restriction shall be recorded as a Deed. Restriction, enforceable by the City, or other legal instrument acceptable to the City Attorney by July 19, 2007; DONE, BUT PENDING REVIEW AN APPROVAL OF REVISED DECLARATION Comment: I know you have been working on this and we have responded to your draft with comments today. 3. That cross access, parking, drainage and pool access between the two lots /owners be recorded in the public records by October 19, 2007; THIS HAS BEEN DONE, BUT WE COULD NOT FILE IT UNTIL CONDO DOCS GOT APPROVED, WHICH OCCURRED ON TUESDAY THE 2D OF OCTOBER, SO NOW WE CAN PROCEED WITH THIS FILING. 4. That the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, license and the City's Business Tax. Receipt be amended to reflect a maximum of 62 rooms for the hotel (504 South Gulfview Boulevard) by July 19, 2007; THIS WAS DONE, BUT IT IS NOW TIME FOR RENEWAL, WHICH IS IN PROCESS 5. That a building permit be submitted by October 19, 2007, to construct the site and landscape improvements, with the landscape plan for the hotel lot amended to replace the silver buttonwood trees with clusters of palm trees along the east property line; THIS HAS ALL BEEN COMPLETED. 6. That existing freestanding and attached signage for both the attached dwelling lot and the hotel lot be brought into compliance with Code requirements. Applications for sign permits or a Comprehensive Sign Program must be submitted by October 19, 2007. Freestanding signage shall be monument - style, designed to match the exterior materials 1 •+r�l+ 8-1 • and color of the building; THIS IS IN PROCESS, NEARLY COMPLETED. 7. That no liveaboards be allowed in any of the slips at the existing dock; and ALL LIVEABOARDS HAVE BEEN REMOVED. 8. That all Parks and Recreation fees, totaling $227,442.78, for the northern attached dwelling building be paid no later than October 30, 2007. If not paid by this date,.the fees could change, as the fees would be recalculated using the 2007 tax value. THIS HAS NOT BEEN DONE, BUT WILL BE DONE BY THE 10/30 DEADLINE, NOW THAT WE CAN START CLOSING UNITS. Wayne 2 89006773 OR691 4PG 1266 ES �Y.•�. C f MTF DECLARATION OF UNITY OF TITLB P/C REY _ KNOW ALL MEN BY THESE PRESENTS, that pursuant to the TOTAi/O,�Ca ordinances of the City of Clearwater pertaining to the -TqM— issuance of building permits and regulating land development activities, the undersigned, bring the fee owner(s) of the following described real property situated in the City. of Clearwater, County of Pinellas and State of Florida, to wit: 0 o-► .a C-2 il h ce �� as CSI] 0 CA U on a a4 ,o *PARCEL I: Lots 9, 10, 11, 12, 13 and 15, r - - Block B, BAYSIDE SUBDIVISION NO. 5, according to the plat thereof as recorded in Plat Book xow = 38, Pages 38 and 39, of the Public Records of Pinellas County, Florida. S CVO Containing 1.099 ACreS MOL 140107" OEM 01 -10-99 c� z * *PARCEL II: Lots 7, 8, 16, 17, 18, " aAW20, Block B, BAYSIDE SUBDIVBS9R9RI!lQO. 5, 1 according to the plat thereof as recorded in Plat Book 38, Pages 38 70TAL, and 39, of the Public RecordsW� AMTJENDEREp, Pinellas County, Florida. Oif+AlCE _ Containing 1.23 Acres MOL *Parcel 1, is owned by E & G Investors, Inc., a Florida corporation; the principals of which are Gregory Politis and Elias Anastasopoulos. * *Parcel II~ is owned by Gregory Politis and Elias Anastasopoulos.--- do hereby make the following declaration of conditions, limitations and restrictions on said lands, hereafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: 1. That the aforesaid plot or combination of separate lots, plots, parcels, acreage or portions thereof, shall hereafter be regarded as and is hereby declared to be unified under one title as an indivisible building site. 2. _ That the said _ pro „QeXty. hall- hepcetorth >be considered as one plot of parcel of land under -a_ site _.plan_, Identified by the City of Clearwater as File Number PSP 88 -; F50, and that present owneis roaliza land that- successor developers and /or owners are hereby put on notice that Parcel I is a timeshare project organized and existing under the laws of the State of Florida, and that Parcel II is being developed by present owners as a Walgreens Drug Store and a retail strip shopping center; further, that the issuance of building permits and regulated land development activities of Parcel II have been predicated and conditioned upon the fact that Parcel I and Parcel II are considered to be one plat or parcel of land, and that should successor developers and /or owners wish to develop the property in any fashion other than its present intended use as shown on the site plan, that the parcel must be developed in a manner consistent with the site plan. The contents of this Declaration of Unity of Tif le are not intended to prohibit the sale of one parcel or another, but merely to give notice that the uses for each parcel as identified on the site plan cannot be changed, modified, or amended except in a manner scription: Pinellas,FL Document- Book.Page 6914.1266 Page: I of 2 ier: 2187422 Comment: 310 .so I = s10.5d = 30.00 = 'I i !���I u■��7111,III� e. OR6914PC 126 consistent with the site plan, which site plan may be amended subject to the approval of the City of Clearwater in accordance with its ordinances and procedures for site plan amendments. 3. That this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the undersigned, and their heirs, successors and assigns of the undersigned, and all parties claiming under them until such time as the same may be released in writing under the order of the City Manager of the City of Clearwater. The undersigned also agree(s) that this instrument shall be recorded in the Public Records of Pinellas County, Florida. Signed, sealed, witnessed an a�c, �o�wledlged Chia day of mm f 1989, at _ 7J�iIA!tll� , Florida. OWNER(S): Parcel I Witnesses: E & G INVESTORS, INC. Wiinesaes: / / -0!/� / s STATE OF FLORIDA COUNTY OF PINELLAS By: GREGO) - Its Vice ce President By: _6CA 2 A.�LAa ��► ELIAS ANASTASO OULO� Its President OWNER(S): Parcel II GREGORY POLITIS and ELIAS ANASTASOP ULOS By �° . GREG�Q ih- PQLITZS By: 1 Q ELIAS ANASTASO UL BEFORE ME personally appeared GREGORY POLITIS and ELIAS ANASTASOPOULOS, to me known to be the persons described in and who executed the foregoing instrument, and who acknowledged to me the execution thereof to be his or their free act and deed for the uses and purposes therein mentioned. WITNESS my hand and offiiaial seal this tom- day of , 1989. NO ARY PUBLIC i;,£gmmission Expires: ' = �1pp���A/tY PUBLIC, STATE OF FLORIDA. '111iC'bIHMISSION EXPIRES: AUG. 91, 1991. A,pC •NRU NOTARY Dusuc umushwAff"S. ;cription: Pinellas,FL Document- Book.Page 6914.1266 Page: 2 of 2 ier: 2187422 Comment: Prepared by and return to: Kent Runnells, P.A. 101 Main Street Suite A Safety Harbor, FL 34695 AMENDED DECLARATION OF RESTRICTIONS THIS AMENDED DECLARATION OF RESTRICTIONS is made this day of , 2007, by FuNio DiVeRaPedro P. Benevides, a /k/a Pete Benevides, as Trustee of the DiVello Land Trust dated August 10, 2004, as such trust has been amended and restated on or about September 15, 2004, and again on July 1, 2005, hereinafter referred to as "Declarant. " ". This Amended Declaration shall supersede in all respects the original Declaration of Restrictions filed on February 22, 2007, in Official Records Book 15648, Pages 809 -818, Public Records of Pinellas County, Florida. WITNESSETH WHEREAS, Declarant is the sole owner of certain lands in Pinellas County, Florida, more particularly described on Exhibit "A" attached hereto, and incorporated herein by reference, and called the "Property" in this Amended Declaration; and WHEREAS, for a period of many years; all of the Property has been improved with a hotel facility, and used, as an overnight accommodation use; and WHEREAS, Declarant lxts—made application . to the City of Clearwater, Florida Community Development Board ( "CDB ") Application No. FLD2005 -05051 "App ' " , to change the lawfully permitted use of the Property to attached residential use ( "Residential Use "); and WHEREAS, pursuant te the APpheatioatoApplication No. FLD2005- 05051, the CDB approved the use of the entire Property solely and exclusively as a Residential Use, (the "CDB Approval ") and not for any Hotel Use on any part of the Property; and WHEREAS, notwithstanding such CDB Approval exclusively for Residential Use, Declarant o•��z esmade further application to the CDB (in Application No. FLD2007 -0412) to eenti •i° to usL permit the continued us of a part of the Property (that part being more fully described in Exhibit `B" attached hereto and being incorporated herein by reference, and further Clients\DiVelloDocksideLoanReswcture\DecotRestrictions Page 1 being referred to herein as the "Hotel Parcel ") for a hotel use ( "Hotel Use "), into the foreseeable future, in lieu of Residential Use; and WHEREAS, by— viftue -of the et e is ctffent -a�a des ri ea- een+.uati.n such T e� '�J.Ise- rights of use were granted by the CDB on the Hotel P.,,., el would be : ist or about June 19 2007 with the manda4es of conditions set forth in the Development Order issued in ,.enne„t:,,., with Case Ne. F D2005 05054- pursuant to such request (the "Development Order"), the City of ClearweAer has net issued a Geftifieate ef Oeeupaaey for Residential Use on that paft of the property eurren4ly improved with thifty ene (3 1) residential eendeminium units (whieh pr-epefty is mer-e fully deser-ibed on Exhibit "C" a4taehed her-et-&D,- and " in eensidefation of the obligations and undeftakings WHEREAS. in recoanition and consideration of the rights granted by the CDB in the Development Order, and in order to comply with certain of the requirements set forth in the Development Order (which requirements include conditions which are not addressed herein, but are nonetheless recognized by Declarant as binding upon the Property), Declarant is willing to renounce certain rights with respect to the use of the Hotel Parcel, which rights include the right to construct on the Hotel Parcel fifty -two (52) attached residential condominium units, and Declarant is also willing to auree to all of the terms and conditions set forth herein. and in the Development Order; and NOW, THEREFORE, in consideration of the above recitals which are true and correct, and intending to be legally bound to the terms hereof, Declarant files this Amended Declaration of Deelar -and set fet4h herein-,-and INA FI& • ■ ■• 1. ._ Flff -Ipx @ W11 Iq M . .. VP Milrdaft M. ■ .�• ■_ .. .• No aN IN* INA FI& • ■ ■• 1. ._ Flff -Ipx @ W11 Iq M . .. ■ ■ Clients\DiVelloBacksidcl ,oertRestruetu"M ne jAu DocksWDec of Restrictions Page THEREFORE, , and intending be legally ' eund to the terms hereef ' eelafan4 Restrictions and declares that the Hotel Parcel and Residential Parcel described above shall be held, sold and conveyed subject to the following conditions and restrictions, all of which are for the purpose of protecting the value and desirability of the Hotel Parcel and the Residential Parcel, and all of which will run with the Property and shall be binding upon all persons having any right, title or interest therein, or of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns forever. ARTICLE I RESTRICTIONS ON USE OF THE PROPERTY Section 1. 1. Deelar-ant agrees to file, within six4y (60) days of the exeeefien by Deelar-ant and aeeeptanee by the .• fegaMing the eentinued Hotel Use of the Hotel Par-eel, and upen filing sueh Appfiea4 ON . Section 1.2 in the event the GDB gfanls the DeelaraWs Tequest unaer- ttll. jj,,,,� n a a �!'12iieRAGC[ Apphe-latien to alley; fef Hotel Use, then and in said eve ftt theThe Property shall henceforth, in perpetuity, be limited to such uses and densities as are allowed, from time to time, under all applicable zoning and land use laws, ordinances, rules and regulations promulgated by any Federal, State, County, Municipal or quasi - governmental agency having jurisdiction and control over such matters with respect to the Property, including, but not being limited to, the limitations on the density of residential condominium units set forth in the Development Order °-�-in Section 1.3. Declarant acknowledges the existence of unresolved issues regarding the Residential Use of the Residential Par-eel an Hotel Use of the Hotel Parcel, including, but not being limited to, meeting all applicable parking, ingress and egress requirements, which requirements will be met by Declarant through one or more easement or joint use agreements with respect to and by and between the Hotel Parcel and the Residential Parcel. Section 1.4. , Declarant hereby renounces prespee ivel certain rights with respect to the use of the Hotel Parcel, which rights ineitt leprior to the issuance of the Development Order included the right to ClientsTiVell ec of Restrictions Page 3 construct on the Hotel Parcel fifty -two (52) attached residential condominium units. Declarant acknowledges that the restrictions on use hereby imposed maunder the Development Order reduce eensi er-abl y from fifty -two (52), to a number- whieh may net be aseet4ainable at time, but is esfitnmed to 4ie— twenty - #sue-- (2-2one (21), the number of attached residential condominium units which are allowed to be built, constructed and improved on the Hotel Parcel. In consideration of Declarant's deducting said units from the Hotel Parcel, Declarant is maintaining units on the Residential Parcel which were subject to the Termination of Nonconformity determination. Declarant shall continue to operate an overnight accommodation use on the Hotel Parcel unless and until some other use is approved. Section 1.5. I the event the CDB dee net grant the rights r-equested under the : o do;; laws, Applieafien, then Deelar-ant shall r-emain enfifled to and vested under- all figMs gr-ai4ed tmder- the Develepmei4 Or-der-, and this Deelar-ation of Restfietions shall be null end void, save and exeept and or-dinanees with r-espeet te the Pro Intentionally Deleted. Section 1.6. Upon the issuance of the C.O. for the condominium units on the Residential Parcel, there shall be no further rental of the ten (10) boat slips connected to the Property, and the use of said boat slips shall henceforth be limited to use by owners of said condominium units or by guests of the Hotel located on the Hotel Parcel; provided, however, that the Hotel Parcel guest use shall be limited to two of said slips, and that such limited use shall take effect twelve (12) months after the issuance of the C.O. The aforesaid limitations on the use of the boat slips shall be incorporated into the Amended Application and be subject to any required federal, state, and local approvals. . ARTICLE II GENERAL PROVISIONS Section 2.1. Enforcement. The City of Clearwater shall have the right to enforce, by any appropriate proceeding, all conditions and restrictions now or hereafter imposed by, or pursuant to, the provisions of this Amended Declaration. Each party shall bear its own costs and expenses thus-incurred, including reasonable attorneys' fees for all trial and appellate proceedings, if any, in any litigation involving this Amended Declaration. Section 2.2. Severability. Invalidation of any particular provision of this Amended Declaration by judgment or court order will not affect any other provision, all of which will remain in full force and effect; provided, however, any court of competent jurisdiction is hereby empowered, to the extent practicable, to reform any otherwise invalid provision of this Amended Declaration when necessary to avoid a finding of invalidity while otherwise effectuating Declarant's intent. Section 2.3. Compliance with Law. Declarant acknowledges that, whether- e~ not the Amended Appheatien shall be granted-, the Property shall at all times be subject to all applicable laws, rules, ordinances, and regulations, and all lawful remedies, including but not limited to ClientMiVell kside\Dec of Restrictions Page state and local law requirements concerning condominium development and code enforcement proceedings and penalties established thereunder. Section 2.4. Successors and Assigns. Declarant declares that the Hotel Parcel and Residential Parcel described above shall be held, sold and conveyed subject to the conditions and restrictions stated in this Amended Declaration of Restrictions, all of which are for the purpose of protecting the value and desirability of the Hotel Parcel and the Residential Parcel, and all of which will run with the Property and be binding upon all persons having any right, title or interest therein, or of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns forever. IN WITNESS WHEREOF, Declarant has executed this Amended Declaration the date stated above. WITNESSES: DECLARANT: Pedro Benevides, a /k/a Pete Benevides, Clients\DiVello .. a ec of Restrictions Page Witness (Print Name as Trustee of the DiVello Land Trust dated August 10, 2004, as such trust has been amended and restated on or about September 15, 2004, and again on July 1, 2005 Witness (Print Name �) STATE OF FLORIDA COUNTY OF PINELLAS+ The foregoing instrument was acknowledged before me this day of , 2007, by FudviePedro P. Benevides, a/k/a Pete Benevides, as Trustee of the DiVello Land Trust, who is personally known to me or who produced as identification. NOTARY PUBLIC — STATE OF FLORIDA My Commission Expires: ClientADiVell �Benevides�Dockside 'DecofResvictions - Page EXHIBIT "A" LEGAL DESCRIPTION OF OVERALL PARCEL (the Property) Clients\DiVell nevid kside�Decof Restrictions Page 7 EXHIBIT `B" LEGAL DESCRIPTION OF HOTEL PARCEL Clients\DiVell n kside ec of Restrictions Page EXHIBIT "C" LEGAL DESCRIPTION OF RESIDENTIAL PARCEL Clients\DiVell nevides kside\Dec of Restrictions Page Page 1 of 1 Wells, Wayne. From: Kent Runnells [kbrlaw @tampabay.rr.com] Sent: Wednesday, May 14, 2008 5:31 PM To: Wells, Wayne; Delk, Michael; Dougall- Sides, Leslie Cc: Ifcams @aol.com; pete @flyskyview.com Subject: FW: Dockside. Exhibits wayne: attached please find what i propose to use for the. legal descriptions per your comments. please advise. thanks, kent From: Kent Runnells, P.A. [mailto:krpalaw @tampabay.rr.com] Sent: Wednesday, May 14, 2008 5:02 PM To: Kent Runnells Subject: Dockside Exhibits Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety. Harbor, FL 34695 Voice: 727 - 726 -2728 Fax:. .727-724-0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. 5/15/2008 Page 1 of 1 Wells, Wayne From: Kent Runnells [kbriaw @tampabay.rr.com] Sent: Wednesday, May 14, 2008 11:54. AM To:. Wells, Wayne;. Delk,. Michael; Dougall- Sides, Leslie Cc: Irfrederick @gmail.com; pete @flyskyview.com Subject: FW:. Declaration of Restrictions redline wayne: here is the. amended dec i forgot to attach. to the a mail sent 2 minutes before this one. kent From: Kent Runnells, P.A. [ mailto:krpalaw @tampabay.rr.com] Sent: Tuesday, May 13, 2008 4:52 PM To: Kent Runnells Subject: Declaration of Restrictions - redline Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879. This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. 5/15/2008 Pagel of 2 Wells, Wayne From: Kent Runnells [kbrlaw @tampabay.rr.com] Sent: Wednesday, May 14, 2008 11:51 AM To: Wells, Wayne; Delk, Michael; Dougall- Sides, Leslie Cc: Irfrederick @gmail.com; pete @flyskyview.com Subject: dockside revisited hello. wayne.. it is always a pleasure to work with you, but i wish it could be on another project. larry fredericksen, the gm at the dockside /days inn property, sent me your recent comments and outstanding requirements on this project. i am responding specifically to you comments of march 20 relative to unity of title, dec. of restrictions, and. shared. facilities agreement. unity of title agreement:. this. was. recorded for both properties, and this is the first time i have learned. of any deficiencies on this document. the unity of title for the condo project is attached, and i believe we can cross this one off the list. the legal attached to the filed document is for the condominium project, and does not include any submerged lands. dec of restrictions. i have attached a proposed amended dec., which i had prepared some time ago and apparently did not send to you. your comments about the error in the legal . description are well taken, and i will. revise the legals per your suggestion. please advise, . however, as to the acceptability of the proposed language relative to the diminution in permitted residential units. i am slightly confused by my own notes. the net effect needs to be that density on the hotel parcel (parcel B) be reduced by five units, but my notes from my conversations with you (or perhaps michael delk) suggest that this has already been taken care of by plugging in the actual. number of 21 in sec. 1.4. the only other comment i have here . is that the date of 2005 is indeed correct, as it merely refers to the recitation of the trust, which was amended on that date, not 2007. shared, facilities agreement. i did not prepare this agreement,. but i agree with your comments . on the legal descriptions being in. error, and needing to be shuffled.. will do and will re- record. one question, however, regarding the drainage comment. i have no problem revising an error in the legal description, but since this. document was part of the condo filing i am hesitant to add drainage language to it, and would prefer to do a separate stand alone drainage easement, with your approval. i. am sure you understand. please advise specifically what you are. looking for in the way of a drainage easement. i suspect you merely want the water of both parcels to be allowed to flow freely over and upon the other, and be captured in whatever facilities. may exist on the respective parcels. i look forward to your response. thanks again for being so lenient on the. time frames.. we will get this done, i promise. kent 5/15/2008 Page 2 of 2 Kent Runnells. Kent Runnells, P.A. 101 Main Street, Suite. A Safety Harbor, FL 34695. Voice: 727 - 726 -2728. Fax: 727 - 724 -0879. This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law.. If you are not the intended. recipient, any disclosure,. copying, use or distribution: of the. information included in the message and any attachments is prohibited. If you have received this communication in. error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you.. 5/15/2008 PROFESSIONAL SURVEYORS AND MAPPERS 8016 OLD COUNTY ROAD No. 54 NEW PORT RICHEY, FLORIDA 34653 OFFICE: 727 -834 -8140 FAX: 727 - 834 -8150 SKETCH AND LEGAL DESCRIPTION: EXHIBIT "A" DOCKSIDE - A CONDOMINIUM LEGAL DESCRIPTION: PHASE I LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. LOTS 4, 5, 6, 7 AND 8 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC REORDS OF PINELLAS COUNTY, FLORIDA. /r 54 r BRUCE A. KLEIN DATE: PROFESSIONAL SSURVEYOR AND MAPPER FLORIDA LICENSED No. PSM 5052 PHASE I - BOUNDARY JOB No. 060001.9 DATE: 02/12/07 SHEET: 1 OF 2 SHEETS ?-22 -2007 13:27 HI SEAS MOTEL 7274433955 Pl -ilaE : N - ac S- rlkiJla Su;t vZ- ,ygNG, aNC PROFESSIONAL SURVEYORS AND MAPPERS Both OLD COUNTY ROAD 140. 54 NEW POR1 HICM y. rI (1A10A 34b53 OFFICE: 727- •834 -8140 FAX: 727.834 -8150 SKETCH AND LEGAL DESCRIPTION: EXli l B 17 "A" / ENT— S77- i ; ii O r3 3 &AYSIDC li It 0.00' 0 F. , P © RDI CS 1p 4 No. 3 Lj 30. Dock - _ t_ p &ACk iz) C-' Q/ �J l i 'n _ 8 J i /�G. 6C r r��,_ L L�gRWATER Fro coil N % cn ci N / __ ? iJNPL AT,rE D OR P.D.B. z � ='�r �" - _ 24 i Iu�7j / ,� = _ S12e343Q, � NORTHWEST o_ / _ CORNER OF �+ ; - ••__ W 47") LOT 9 i ` S i20Zp0 0 C _ �_' - S5465. 8, L L G E: ICI D :i}^ (D) = DEED (M) = MEASURED (�(� / 0 (F' ) = PLAT �} P.B. = PLAT BOOK pS CU / B. = POINT OF BE ! z &l1I/ DIN / ,i � t) O CG�,C•gS,o�iC ,.5�.k �, gAYS1�E sU &LpCx q�'S),• 19S z P.B. 38 ODIVISIp A , PGS �8NT9 No 4 N p�Q4'ifs D 0 20 60 100 200 NOTES: 40 80 1. BEARINGS AND :,15tnNCE SHOWN HEREON ARE BASED ON THE WEST LINE Of. LOTS 4 -8. O(' BAYS IDC SUBDIVISION No. S. ACC(1HI11NG TO THE µAI' OR PLAT THEREOF. HAVING A BEARING Or SOUTH 12 °34'30" WEST. 2. THIS IS NOT A BOUNDARY SURVEY. BUT ONLY A GRAPHIC DEPICTION OF THE LEGAL DESCRIPTION AS SHOWN ON SHEET 1 OF 2 AND IS NULL AND VOID WITHOUT BOTH SHEETS. PHASE 11 - BOUNDARY • j JOD No. 060001.8 1 DATE: 02/12/07 SHEET: 2 OF 2 SHEETS Ex.4;l.� "C.I. i LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS _ FOLLOWS= LOTS 4, 5, 6, 7 AND 8 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT .THEREOF, AS RECORDED IN PLAT -BOOK 31, PAGE 16 OF THE PUBLIC REORDS OF PINELLAS COUNTY, FLORIDA. �1L7E7CN SlrAUjB S1t7R ]EPIC T6, ]CNC PROFESSIONAL SURVEYORS AND MAPPERS 8016 OLD COUNTY ROAD No. 54 NEW PORT RICHEY, FLORIDA 34553 .OFFICE; 727 - 834 -8140 FAX: 727 -834 -8150 SKETCH AND LEGAL DESCRIPTION: EXHIBIT LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS. FOLLOWS: A PORTION OF LOTS 6. 7 AND 8 OF BAYSIDE SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS, FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 4, THENCE SOUTH 12° 34'30" WEST, ALONG THE WEST LINE OF SAID LOTS 4, 5 AND 6,.A DISTANCE OF 130.50 FEET TO THE . POINT OF BEGINNING; THENCE SOUTH 77° 29130" EAST, A DISTANCE OF 23.013 FEET: THENCE SOUTH 12'30'30" WEST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 77° 29'30" EAST, A DISTANCE OF .62.00 FEET; THENCE SOUTH 12° 28'30 "' WEST, A DISTANCE OF 57.67 FEET; THENCE SOUTH 77'31'3D" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 12'28'30" WEST, A DISTANCE OF 109.57 FEET; THENCE NORTH 77° 20'00" WEST, A DISTANCE OF. 20.00 FEET; THENCE SOUTH 12 °34'30" WEST, A DISTANCE OF 23.33 FEET; THENCE NORTH 77-25-30" WEST, A DISTANCE OF 24.00 FEET; THENCE NORTH 12'34'3D" EAST, A DISTANCE OF 23.33 FEET; THENCE NORTH 77° 25'30" WEST, A DISTANCE OF 54.30 FEET; THENCE NORTH 121 34'30 ".EAST, A DISTANCE OF 16.67 FEET; THENCE NORTH 77'25'30" WEST, A DISTANCE- OF 7.00 FEET; THENCE NORTH 12° 34'30" EAST, A DISTANCE OF 24.00 FEET; THENCE SOUTH 77-25-30" EAST, A DISTANCE OF 7.00 FEET; THENCE NORTH 12° 34'3D" EAST, A DISTANCE OF- 20.00 FEET; THENCE SOUTH 77° 25130" EAST, A DISTANCE OF 36.26 FEET; THENCE NORTH 12° 28'30 ". EAST, A DISTANCE 20.97 FEET; THENCE SOUTH 77° 31'30" EAST, A DISTANCE OF 19.20 FEET; THENCE NORTH 12° 28'30" EAST, A DISTANCE OF 61.45 FEET; THENCE NORTH 77'29'3011 WEST, A DISTANCE OF 62.32 FEET; THENCE NORTH 12° 34'30" EAST, A DISTANCE OF 29.12 FEET TO THE POINT OF BEGINNING. CONTAINING 11,751 SQUARE FEET, OR 0.2698 ACRES MORE OR LESS. NOTES: 1. BEARINGS-AND DISTANCE SHOWN HEREON ARE BASED ON THE WEST LINE OF LOTS 4 -8, OF BAYSIDE SUBDIVISION No. 5. ACCORDING TO THE MAP OR PLAT THEREOF, HAVING A BEARING OF SOUTH 12 °34'30" WEST. 2. THIS 15 NOT A BOUNDARY SURVEY. BUT ONLY A LEGAL DESCRIPTION'OF THE GRAPHIC DEPICTION AS SHOW14 ON SHEET 2 OF 2 AND 15 NULL AND VOID WITHOUT BOTH SHEETS. BRUCE A. XLEIN PROFESSIONAL SSURVEYOR AND MAPPER FLORIDA LICENSED No. PSM 5052 PHASE II - PARKING I ACCESS EASEMENT 02/12/07 DATE- JOB No. 060001.10 1 DATE: 02/12/07 1 SHEET; '1 OF 2 SHEETS M]LIE]CN gT�l<T>)� Sl<JIFtW>E�1CN�o ]CND PROFESSIONAL SURVEYORS AND MAPPERS 0016 OLD COUNTY ROAD No. 54 NEW PORT RICHEY. FLORIDA 34653 � OFFICE: 727 ^034 -8140 FAX: 721- 834 -8150 SKETCH AND. LEGAL DESCRIPTION: L3Lr) LC'7� ` E'1j•S /pE J i F'.G hC'L�11,'I��i�N P.O.C. � r NORTHWEST CORNER OF LOT 4 BAYSIDE, SUBDIVISION NO. 5 ` ""1.�" I' c, P.B. 31. PGs. 16 �o s R P.0.13.. 4t 4 W I ^ �_ r• p U 124 341, ' L NN 0 10 30 50 1DO q/r 0 `z N7 to 'X 092 a 20 40 !20' Ln 20.00' % S77 3'1'.50 "E n N12° 34'30 "E / 7.00, / S73s2 o^ S77° 25'30'E � 24.00' / `' 20.97 = N12° 26' D N12° 34'30 "E PHASE II PARKING _ I � 4 7.00 IV;, C. N77 25" 30'1 W 5¢25'3p "w 16.67' // 30' N12° 34'30 "E 23.33' N12° 34'30 "E N7 24.00 , 250 „w o � o O !7 N N to 20.00' S77° 31'30'!E LEGEND: IFII > MEASURE BUSINESS IURE IP1 PLAT PGB = PAG BOOK E PLS c PROFESSIONAL LICENSED LAND SURVEYOR P.0.0. = PDINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT PSM = PRESSIONAL SURVEYOR AND MAPPER -- 20.00' N77° 20'00 "W 23.33' ° 34'30. "W NOTES: 1. HEARINGS AND DISTANCE SHOWN HEREON ARE EASED ON THE WEST LINE OF LOTS 4 -0. OF BAYSIDE SUBDIVISION No. 5. ACCORDING TO THE MAP DR PLAT THEREOF, HAVING A BEARING OF SOUTH 12 °34'30" WEST. 2. THIS 15 NOT A BOUNDARY SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE LEGAL DESCRIPTION AS SHOWN ON SHEET 1'OF 2- AND IS NULL AND VOID WITHOUT BOTH SHEETS. PHASE II- PARKING ACCESS EASEMENT I JOB NO. 060001.10 1 DATE: 02/12/07 SHEET: 2 OF 2 SHEETS) �j i • v Wells, Wayne From: Doreen Williams [ doreen @northsideengineering.com] Sent: Wednesday, March 05, 2008 10:42 AM To: Wells, Wayne Subject: RE: Seastone Wayne, Page 1 of 2 I have the landscape plans. I will have someone drop off today. I also spoke to the owner's representative and he is going to get a check to you for the $400.00 Doreen From: Wayne.Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com] Sent: Wednesday, March 05, 2008 8:40 AM To: Doreen Williams Cc: Renee Ruggiero Subject: Seastone Doreen - Ordinance 7835 -07 was adopted a couple of months ago and, amongst other Code changes, established a fee for Minor Revisions of $400. Please remit this fee as soon as possible. I would also recommend submitting the revised landscape plan at this point, so that it will match the revised site plan. Both revised plans are necessary to also be submitted for a building permit to construct the site improvements approved under FLD2007- 04012, which should have been submitted for building permit by October 19, 2007 (overdue). Wayne - - - -- Original Message---- - From: Doreen Williams [mailto: doreen @northsideengineering.com] Sent: Tuesday, March 04, 2008 11:04 AM To: Wells, Wayne Subject: Seastone Attached is the modification letter Sincerely, Doreen A. Williams Project Director NORTHSIDE ENGINEERING SERVICES, INC. 300 S. Belcher Road Clearwater, FL 33765 Phone: 727 - 443 -2869 x104 Fax: 727 - 446 -8036 Cell: 727 -235 -8474 3/9/2008 Wells, Wayne From: Doreen Williams [ doreen @northsideengineering.com] Sent: Tuesday, March 04, 2008 11:04 AM To: Wells, Wayne Subject: Seastone Attached is the modification letter Sincerely, Doreen A. Williams Project Director NORTHSIDE ENGINEERING SERVICES, INC. 300 S. Belcher Road Clearwater, FL 33765 Phone: 727 - 443 -2869 x104 Fax: 727 - 446 -8036 Cell: 727 - 235 -8474 3/9/2008 Page 1 of 1 N orthdde March 4, 2008 Mr. Wayne Wells Planner City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33755 RE: Seastone Resort 445 Hamden Dear Mr. Wells: Civi Land Planning Due Diligence Report! Re- Zoning, Land Use, Annexatior Stormwater Managemen Utility Desigr Traffic Construction Administratior Enclosed herewith please find sheet C 1.1 and C2.1 modifying the plans for a new site sign. One parking space was removed in the south -west corner and the sign was relocated to be 5' away from the west property line. It is my understanding from Sign Wonders (sign company) that a revised landscape plan is also to be resubmitted per discussions between the sign company and City staff. Sheet C 1.1 (site data table) has been revised to show 1 parking space being removed and C2.1 showing the removal of the parking space along with the relocation of the sign and dimension to from the property line. If there are any additional comments, please contact David with Sign Wonders at 407 - 914 -9702. Sincerely, Doreen A. Williams Doreen A. Williams Project Director P.O. Box 4948 Clearwater, FL 33758 -4948 tech @northsideengineering.com 727 443 2869 Fax 727 446 8036 LETTER OF TRANSMITTAL Date: March 5, 2008 To: City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33755 Attn: Reference: NES #: We Transmit: (X) Enclosed () Mail () Pick -up Sherry Watkins / Wayne Wells Seastone 529 () UPS Overnight O Courier (X) Hand Delivered () Per Your Request () For Your Review & Comment (X) For Your Use () For Your Approval () For Your Files () For Your Information Civil Land Planning Due Diligence Reports Re- Zoning, land Use, Annexation Stormwater Management Utility Design Traffic. Construction Administration () Originals (X) Prints O Addendum () Shop Drawings () Specifications () Applications () Floppy Disk ORIGINAL RECEIVED MAR 0 6 2008 PLANNING DEPARTMENT COY OF CLEARWATER Comments: Please do not hesitate to contact this office should you have any further questions or comments rezardine this project. Enclosures Copies To: File Doreen A. Williams, Project Director P.O. Box 4948 Clearwater, FL 33758 -4948 tech @northsideengineering.com 727 443 2869 Fax 727 446 8036 Copies Date Description 3 L1.1 & L1.2 Comments: Please do not hesitate to contact this office should you have any further questions or comments rezardine this project. Enclosures Copies To: File Doreen A. Williams, Project Director P.O. Box 4948 Clearwater, FL 33758 -4948 tech @northsideengineering.com 727 443 2869 Fax 727 446 8036 LL `. rwater ? � L U Fax Cover Memo CITY OF CLEARWATER PLANNING DEPARTMENT 100 SOUTH MYRTLE AVENUE, 2ND FLOOR CLEARWATER, FL 33756 (727) 562 -4567 FAX: (727) 562 -4865 j� J e TO: 1/ 0 c r `� �1 xr�� DATE: 3 FAX: `'��F 4 � � 0 3 4� TELEPHONE: Z � (�9 FROM: Wayne M. Wells TELEPHONE: (727) 562 -4504 SUBJECT: �.� noc 12�V ; s i � c I aw 4- ar er S S� � MESSAGE: NUMBER OF SHEETS (INCLUDING THIS PAGE): 3 r ` ffsa'n �b A PLANNING DEPARTMENT CITY OF C LEARWATER POST OFFICE BOX 4740, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL, SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLoRIDA 33756 TELEPHONE (727) 562 -4567 FAX (727) 562 -4865 March 11, 2008 Doreen Williams Northside Engineering Services, Inc. PO Box 4948 -; Clearwater, FL 33758 -4948 Re: Development Order - Minor Revision FLD2007 -04012 - 445 Hamden Drive and 504 South Gulfview Boulevard Dear Ms. Williams: On June 19, 2007, the Community Development Board approved the above referenced application with 16 conditions for the following: (1) Termination . of Status of Nonconformity for density (existing 62 -room hotel at 504 South Gulfview Boulevard to remain on the southern lot [Parcel B], where 44 rooms are permitted today), under the provisions of Section 6 -109; (2) Flexible Development approval to permit a Mixed Use of 31 attached dwellings at 445 Hamden Drive [Parcel A] and a 62 -room hotel at 504 Gulfview Boulevard [Parcel B], with the following: ■ Parcel A (445 Hamden Drive) — a) reductions to the front (west along Hamden Drive) setback from 15 feet to five feet (to existing pavement) and to zero feet (to existing trash staging area); b) a reduction to the side (north) from 10 feet to three feet (to existing pavement); c) a reduction to the side (south) setback from 10 feet to zero feet (to patio deck); d) a reduction to the rear (east) setback from 20 feet to seven feet (to existing pavement); e) an increase to building height from 35 feet to 67 feet; f) a reduction to the required interior landscape area from 10 percent to 3.7 percent of the vehicular use area, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and ■ Parcel B (504 South Gulfview Boulevard) — a) a reduction to the front (west along Hamden Drive) setback from 15 feet to zero feet (to existing pavement); b) a reduction to the front (south along South Gulfview Boulevard) from 15 feet to 8.5 feet (to existing pavement); c) a reduction to the side (north) setback from 10 feet to zero feet (to existing patio deck); d) a reduction to the side (east) setback from 10 feet to 2.5 feet (to existing pavement); e) an increase to building height from 35 feet to 62 feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C; "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" March 11, 2008 Williams — Page 2 f) a reduction to the required interior landscape area from 10 percent to 2.6 percent of the vehicular use area, a reduction to the foundation planting width along the west and south sides of the hotel building on Parcel B from five feet to zero feet and to allow more than 10 parking spaces in a row without an intervening landscape island (three locations), as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and (3) Flexible Development approval to permit a multi -use dock in conjunction with the attached dwellings at 445 Hamden Drive [Parcel A] for eight of the existing slips and a commercial dock in conjunction with existing hotel at 504 South Gulfview Blvd. [Parcel B] for two of the existing slips (10 total existing = slips); under the provisions of Section 3- 601.C.3. A proposal has been submitted to revise the approved site plan and landscape plan by reducing provided parking by one space in the southwest corner adjacent to Hamden Drive to allow a greater landscaped area to install a sign for the hotel. The required parking remains 124 parking spaces and the new provided parking would be 126 parking spaces (excess parking of two spaces). In accordance with Section 4 -406.A of the Code, the revision proposed is deemed to be a Minor Revision and is APPROVED. This Minor Revision must be shown on the site plans and building plans when submitting for building permits. The conditions of approval included by the CDB under the approval on June 19, 2007, are still applicable, as well as the time frames to obtain permits and/or other approvals /licenses. The following Condition of Approval is being added to those included by the CDB as part of the approval of this Minor Revision: 17. The following must be reflected on revised plans prior to obtaining building permits: a. The required sight visibility triangle at the intersection must be shown on Sheets C2.1 and L1.1; b. Shrubs and groundcover plants must be shown on Sheet L1.1 where the one parking space has been eliminated at the intersection. The location, type, size and maintenance of landscaping materials at this location should take into account sign visibility; and C. The site data for the Existing Overnight Accommodations and Overall Site for Paved Vehicular Use Area, Impervious Surface Ratio, Open Space and Parking Lot Interior Landscaping on Sheet C1.1 reflect the elimination of this one parking space. Should you have any questions, feel free to contact Wayne M. Wells, AICP, Planner III, at 727 -562 -4504. Sincerely, Michael Delk, AICP Planning Director S.•(Planning DepartmentI C D BIFLEX (FLD) IInactive or Finished Applications Wamden 445 Sea Stone Resort (7) 2007 - Approved(Hamden 445 Minor Revisions Development Order 3.11.08.doc • Page 1 of 1 ry Wells, Wayne From:. ramsnw @bellsouth.net Sent: Monday, March 03, 2008.10:57 AM To: Wells, Wayne Cc: garysnw @bellsouth.net Subject:. Days Inn Clearwater Elevations Please review f:Mi1 5/16/2008 0 0 Stucco Finish wall k µ 11111 Before Front Elevation 5505 Carder Road, Orlando, FL 32810 Tel: 866.521.8777, 407.291.8777, Fax:407.291.1710 signwonders @aol.com Job Name: Dayslnn Clearwater Client: This Is An Original Drawing With Exceptions Address: TBD File Name: Dayslnn exterior Drawing Must Be Signed And Dated Prior To Any Of Registered Logos - Trademarks, And Is Manufacture Or Installation. Revisions May Property Of Signs And Wonders Unless Salesman: Ram /Gary Scale Factor: As Noted Be Needed To Comply With Area Codes, Set- Otherwise Purchased Separately. This Draw - Date: 02 -04 -08 Revision: backs And Requirements. ing May Not Be Reproduced Or Copied In & Wonders SIGN & DATE Part Or In Whole Without The Written Per - Designer:ST APPROVED{] APPROVED AS NOTED mission Of SIGNS AND WONDERS. • • ITS' OF C LFARWATFR POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 z e` MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 V; TELEPHONE (727) 562 4567 FAx (727) 562-4865 PLANNING DEPARTMENT November 2, 2007 Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Re: 445 Hamden Drive (Parcel No. 08/29/15/17640/000 /0040) Dear Mr. Runnells: The subject property is zoned Tourist (T) District, which is consistent with the underlying land use designation of Resort Facilities High (RFH) category, pursuant to zoning and land use designations of the City of Clearwater, Florida. The aforesaid zoning and land use permit the use of the property at 445 Hamden Drive as attached dwellings and other accessory uses thereto. As of January 21, 1999, the City adopted the Community Development Code (Code). This change may have created nonconformities, if so they are legal nonconfonnities and may continue. In the event a structure in which a nonconforming use is located is destroyed or damaged to the extent of less than 50 percent of the assessed value of such structure, the nonconforming use may be re- established if a complete and legally sufficient application for all required permits to repair or restore is submitted within six months of the date of the damage. In the event a structure in which a nonconforming use is located is destroyed or damaged to 50 percent or more of the assessed value, these structures may be repaired or restored only if the structure and the use conforms to the standards of this Code for the zoning district in which it is located. On June 19, 2007, the Community Development Board approved with 16 conditions Case No. FLD2007- 04012, which was a request for the following: (1) Termination of Status of Nonconformity for density (existing 62 -room hotel at 504 South Gulfview Boulevard to remain on the southern lot [Parcel B], where 44 rooms are permitted today), under the provisions of Section 6 -109; (2) Flexible Development approval to permit a Mixed Use of 31 attached dwellings at 445 Hamden Drive [Parcel A] and a 62 -room hotel at 504 Gulfview Boulevard [Parcel B], with the following: ■ Parcel A (445 Hamden Drive) — a) reductions to the front (west along Hamden Drive) setback from 15 feet to five feet (to existing pavement) and to zero feet (to existing trash staging area); b) a reduction to the side (north) from 10 feet to three feet (to existing pavement); c) a reduction to the side (south) setback from 10 feet to zero feet (to patio deck); d) a reduction to the rear (east) setback from 20 feet to seven feet (to existing pavement); e) an increase to building height from 35 feet to 67 feet; f) a reduction to the required interior landscape area from 10 percent to 3.7 percent of the vehicular use area, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" #2 0 0 November 2, 2007 Runnells — Page 2 ■ Parcel B (504 South Gulfview Boulevard) — a) a reduction to the front (west along Hamden Drive) setback from 15 feet to zero feet (to existing pavement); b) a reduction to the front (south along South Gulfview Boulevard) from 15 feet to 8.5 feet (to existing pavement); c) a reduction to the side (north) setback from 10 feet to zero feet (to existing patio deck); d) a reduction to the side (east) setback from 10 feet to 2.5 feet (to existing pavement); e) an increase to building height from 35 feet to 62 feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C; f) a reduction to the required interior landscape area from 10 percent to 2.6 percent of the vehicular use area, a reduction to the foundation planting width along the west and south sides of the hotel building on Parcel B from five feet to zero feet and to allow more than 10 parking spaces in a row without an intervening landscape island (three locations), as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and (3) Flexible Development approval to permit a multi -use dock in conjunction with the attached dwellings at 445 Hamden Drive [Parcel A] for eight of the existing slips and a commercial dock in conjunction with existing hotel at 504 South Gulfview Blvd. [Parcel B] for two of the existing slips (10 total existing slips), under the provisions of Section 3- 601.C.3. Pursuant to the above referenced Development Order under Case No. FLD2007- 04012, the 31 residential condominium units located in the building at 445 Hamden Drive are a legal use and do not constitute a violation of the zoning and land use regulations currently in effect for this property. Attached is a copy of the current Tourist zoning district regulations, as contained within the Community Development Code. Please contact Wayne M. Wells, Planner III (727 -562 -4504 or wayne.wells a,myclearwater.com), if you need further assistance. Zoning information is available through the City's website at www.myclearwater.com. Sincerely, j\a Neil Vompson Development Review Manager S:Tlanning DepartmentlLetterslZoning Letlers1445 Hamden (7) #2 11.2.07.doc I Fax Cover Memo CITY OF CLEARWATER PLANNING DEPARTMENT 100 SOUTH MYRTLE AVENUE, 2ND FLOOR CLEARWATER, FL 33756 (727) 562 -4567 FAX: (727) 562 -4865 TO: )Ltvv' K \j- C\X1P_ \ \-i DATE: 2 1 0 FAX: _7 2A - d-b 7 J TELEPHONE: :7L-(,? - 2—"7 2� FROM: Wayne M. Wells TELEPHONE: (727) 562 -4504 SUBJECT: MESSAGE: C e,;— °h ` ca1\ NUMBER OF SHEETS (INCLUDING THIS PAGE): 3 • • Page 1 of 1 Wells, Wayne From: Kent Runnells [kbrlaw @tampabay.rr.com] Sent: Friday, November 02, 2007 4:07 PM To: Wells, Wayne Subject: dockside wayne: all the appraiser needs is a letter from the city on letterhead stating that the zoning att 445 hamden ave, clearwater, etc, is tourist district (or whatever is the proper term) and that pursuant to a development order entered by the clearwater development board the 31 residential condominium units there are a legal use and do not costitute a violation of the zoning and land use rules and regulations currently in effect for this property. or something like that, the simpler the better. thanks a million, i owe you a favor. this will also confirm that i will be happy to send you $25, the standard fee, for the issueance of this certification. thanks. kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. 11/2/2007 s-... Wells, Wayne From: Chalo Serrano [chalo @apexlending.com] Sent: Friday, November 02, 2007 3:00 PM To: Wells, Wayne Subject: RE: Parcel# 08/29/15/17640/000 /0040 Wayne , I think this will be good enough to satisfy the appraiser .I thank you very much and have a wonderful vacation Chalo. - - - -- Original Message---- - From: Wayne.Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com) Sent: Friday, November 02, 2007 2:48 PM To: Chalo Serrano Subject: FW: Parcel# 08/29/15/17640/000 /0040 FYI - - - -- Original Message---- - From: Wells, Wayne Sent: Friday, November 02, 2007 2:24 PM To: 'Heather Williams' Subject: RE: Parcel# 08/29/15/17640/000 /0040 Heather - As we discussed on the telephone, the zoning of the property is Tourist District. The approval granted by the Community Development Board under Case No. FLD2007 -04012 was for the change of use for the building at 445 Hamden from hotel /motel to 31 attached dwellings (condominiums). I am faxing to you the Development Order for this case and I am attaching the Staff Report for this case to give you background information. A review of the activities on Building Permit #BCP2005- 06826 shows the issuance of a Certificate of Completion on February 26, 2007. Wayne - - - -- Original Message---- - From: Heather Williams [ mailto :Heatherw @pillarappraisals.com] Sent: Friday, November 02, 2007 12:09 PM To: Wells, Wayne Subject: Re: Parcel# 08/29/15/17640/000 /0040 Hi Wayne. I received your information from Chalo Serrano at Apex Lending. I have appraised the condos at Dockside Condos... County records still indicates zoning as hotel /motel. The appraisal must read "Condo" in order for Chalo's loans to close. Is there any documentation you can provide me stating the zoning has been changed so that I may update the appraisal accordingly? Heather Williams Appraiser Pillar Appraisals (727) 244 -0915 office (863) 289 =0836 cell (866) 676 1478 fax 1 www.pillarappraisals.com Opt Out Policy : If you do not want to receive further email communications reply to this email with a subject containing the single word (STOP). DISCLAIMER: NOTICE: This communication, together with any attachments, is intended only for the addressee. It may contain information that is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, disclosure, duplication, use, or any action or reliance on this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by telephone (877- 273 -9536) or by return email and destroy all copies of the communication along with any attachments. Thank you. r 2 0 0 Page 1 of 1 Wells, Wayne From: Chalo Serrano [chalo @apexlending.com] Sent: Friday, November 02, 2007 1:51 PM To: Wells, Wayne Cc: Heather Williams Subject: Zoning 445 Handem dr. Wayne , I thank you very much for your help. As I talk to you what the appraiser wants is to know if the condos have the right use code or zoning. I guess she is only verifying information from the property appraisers but this matter has to be resolve as per Zoning or Planning division. Wayne please do your best. Thank you again Chalo serrano Opt Out Policy: If you do not want to receive further email communications reply to this email with a subject containing the single word "STOP ". DISCLAIMER: NOTICE: This communication, together with any attachments, is intended only for the addressee. It may contain information that is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, disclosure, duplication, use, or any action or reliance on this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by telephone (877- 273 -9536) or by return email and destroy all copies of the communication along with any attachments. Thank you. 11/2/2007 0 0 Wells, Wayne From: Wells, Wayne Sent: Friday, November 02, 2007 2:24 PM To: 'Heather Williams' Subject: RE: Parcel# 08/29/15/17640/000 /0040 Hamden 445 Staff Report.doc Heather - As we discussed on the telephone, the zoning of the property is Tourist District. The approval granted by the Community Development Board under Case No. FLD2007 -04012 was for the change of use for the building at 445 Hamden from hotel /motel to 31 attached dwellings (condominiums). I am faxing to you the Development Order for this case and I am attaching the Staff Report for this case to give you background information. A review of the activities on Building.Permit #BCP2005 -06826 shows the issuance of a Certificate of Completion on February 26, 2007. Wayne - - - -- Original Message---- - From: Heather Williams [ mailto :Heatherw @pillarappraisals.com] Sent: Friday, November 02, 2007 12:09 PM To: Wells, Wayne Subject: Re: Parcel# 08/29/15/17640/000 /0040 Hi Wayne. I received your information from Chalo Serrano at Apex Lending. I have appraised the condos at Dockside Condos... County records still indicates zoning as hotel /motel. The appraisal must read "Condo" in order for Chalo's loans to close. Is there any documentation you can provide me stating the zoning has been changed so that I may update the appraisal accordingly? Heather Williams Appraiser Pillar Appraisals (727) 244 -0915 office (863) 289 -0836 cell (866) 676 1478 fax www.pillarappraisals.com 1 • � Page 1 of 2 Wells, Wayne From: Kent Runnells [kbrlaw @tampabay.rr.com] Sent: Tuesday, October 30, 2007 4:30 PM To: Wells, Wayne; Delk, Michael Subject: FW: Asses of Open Space /Recreation Impact fyi. thanks for your assistance. kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells. [mailto:kbrlaw @tampabay.rr.com] Sent: Tuesday, October 30, 2007 1:15 PM To: 'pete @flyskyview.com'; 'synergynbusines @yahoo.com' Subject: FW: Asses of Open Space /Recreation Impact pete /heather: receipt for parks and rec fees attached, all done. kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells, P.A. [mailto:krpalaw @tampabay.rr.com] Sent: Tuesday, October 30, 2007 12:57 PM To: Kent Runnells Subject: Asses of Open Space/ Recreation Impact Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 10/30/2007 Page 2 of 2 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. 10/30/2007 Wells, Wayne From: Reid, Debbie Sent: Tuesday, October 30, 2007 3:25 PM To: Wells, Wayne Subject: RE: FLD2007- 04012, 445 Hamden Drive & 504 S. Gulfview Blvd. Wayne, just wanted you to know that Mr. Runnells did come in and pay the P &R impact fee on this project!! Debbie . -) - - - -- Original Message---- - From: Wells, Wayne Sent: Tuesday, October 30, 2007 8:14 AM To: Reid, Debbie Cc: .Kader, Art Subject: FW: FLD2007- 04012, 445 Hamden Drive & 504 S. Gulfview Blvd. Debbie Can you respond to Mr. Runnells (copy me on the response). Thanks. Wayne - - - -- Original Message---- - From: Kent Runnells (mailto:kbrlaw @tampabay.rr.com] Sent: Monday, October 29, 2007 9:49 AM To: Wells, Wayne Cc: pete @flyskyview.com Subject: RE: FLD2007- 04012, 445 Hamden Drive & 504 S. Gulfview Blvd. Hello wayne. Today my client is going to wire the money to me to pay the parks and rec fees (about $227k). This money is coming into my trust account. What are the logistics of paying this fee? Do I need a cashier's check, or is my atty trust acct check sufficient? Who is payment made to and where? Also, if the fees are not paid by tomorrow, will they go up or down? I know the d.o. says they are subject to increase base upon 07 as valorem tax levels, but many taxes in the county have gone down since last year, but I am not sure about this property. Please advise, and thanks for your help. kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. - - - -- Original Message---- - From: Wayne.Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com] Sent: Thursday, July 26, 2007 11:53 AM To: kbrlaw @tampabay.rr.com 1 Cc: Leslie.Dougall- Sides @myClearwater.com; michael.delk@MyClearwater.com; Kevin.Garriott @myClearwater.com Subject: FLD2007- 04012, 445 Hamden Drive & 504 S. Gulfview Blvd. Kent On June 19, 2007, the Community Development Board approved the above referenced Flexible Development application with 16 conditions (see attached Development Order). Many of the conditions of approval contained date certain requirements. It has come to our attention that the property has apparently changed ownership. I also do not see in the Property Appraiser's information where the lot for the attached dwellings at 445 Hamden Drive has been created. Compliance with some of the conditions of approval are past due, specifically Conditions #2, 3 and 6. Could you please bring me up to speed with the status of this property and how /when compliance with the conditions of approval are going to occur? Wayne <<Hamden 445 Development Order 6.19.07.doc>> 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you'. - - - -- Original Message---- - From: Wayne.Wells @myClearwater.com [mailto Sent: Thursday, July 26, 2007 11:53 AM To: kbrlaw @tampabay.rr.com Cc: Leslie. Dougall - Sides @myClearwater.com; Kevin.Garriott @myClearwater.com Subject: FLD2007- 04012, 445 Hamden Drive & Kent - Wayne.Wells @myclearwater.com] michael.delk @MyClearwater.com; 504 S. Gulfview Blvd On June 19, 2007, the Community Development Board approved the above referenced Flexible Development application with 16 conditions (see attached Development Order). Many of the conditions of approval contained date certain requirements. It has come to our attention that the property has apparently changed ownership. I also do not see in the Property Appraiser's information where the lot for the attached dwellings at 445 Hamden Drive has been created. Compliance with some of the conditions of approval are past due, specifically Conditions #2, 3 and 6. Could you please bring me up to speed with the status of this property and how /when compliance with the conditions of approval are going to occur? Wayne <<Hamden 445 Development Order 6.19.07.doc>> Wells, Wayne From: Wells, Wayne Sent: Thursday, October 04, 2007 10:19 AM To: 'signswonders @bellsouth.net' Cc: Thompson, Neil; 'kbrlaw @tampabay.rr.com' Subject: 445 Hamden Drive and 504 S. Gulfview Blvd. Natasha - Attached are the most recent Staff Report and Development Order for the property in question, which speaks to the issues of signage for the overall property: As discussed, a Comprehensive Sign Program (CSP) application will need to be submitted, addressing all freestanding and attached signage for both buildings /properties (addressed above). The Development Order requires the submission of the CSP by October 19, 2007. Wayne k Hamden 445 Hamden 445 Staff Report. docelopment Order Wells, Wayne From: Wells, Wayne Sent: Tuesday, October 02, 2007 5:59 PM To: 'kbrlaw @tampabay.rr.com' Cc: Delk, Michael; Dougall- Sides, Leslie; Reid, Debbie Subject: FLD2007- 04012, 445 Hamden Drive and 504 South Gulfview Boulevard Kent - On June 19, 2007, the above case was approved by the CDB with 16 conditions. Many of these conditions were time sensitive. Was wondering what the status is of the following: 1. That Declaration of Unity of Title documents each for the hotel lot and the attached dwelling lot be recorded . in the public records by July 19, 2007; 2. That any future change of use to attached dwellings or other residential uses for the southern hotel lot (Parcel B) be developed with five (5) less dwelling units (or residential equivalent) than permitted under maximum density regulations. Such use /density restriction shall be recorded as a Deed Restriction, enforceable by the City, or other legal instrument acceptable to the City Attorney by July 19, 2007; Comment: I know you have been working on this and we have responded to your draft with comments today. 3. That cross access, parking, drainage and pool access between the two lots /owners be recorded in the public records by October 19, 2007; 4. That the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, license and the City's Business Tax Receipt be amended to reflect a maximum of 62 rooms for the hotel (504 South Gulfview Boulevard) by July 19, 2007; 5. That a building permit be submitted by October 19, 2007, to construct the site and landscape improvements, with the landscape plan for the hotel lot amended to replace the silver buttonwood trees with clusters of palm trees along the east property line; 6. That existing freestanding and attached signage for both the attached dwelling lot and the hotel lot be brought into compliance with Code requirements. Applications for sign permits or a Comprehensive Sign Program must be submitted by October 19, 2007. Freestanding signage shall be monument - style, designed to match the exterior materials and color of the building; 7. That no liveaboards be allowed in any of the slips at the existing dock; and 8.' That all Parks and Recreation fees, totaling $227,442.78, for the northern attached dwelling building be paid no later than October 30, 2007. If not paid by this date, the fees could change, as the fees would be recalculated using the 2007 tax value. Wayne Wells, Wayne From: Reid, Debbie Sent: Tuesday, October 30, 2007 9:43 AM To: 'kbrlaw @tampabay.rr.com' Cc: Kader, Art; Wells, Wayne Subject: FW: FLD2007- 04012, 445 Hamden Drive & 504 S. Gulfview Blvd. Mr. Runnells: The Parks and Recreation impact fee on this project needs to be paid in the Parks and Recreation Department, 100 S. Myrtle Avenue, First Floor, Clearwater, FL 33756. A check, payable to the City of Clearwater, drawn on your trust account, is sufficient. In regards to the amount that is due, until the end of business today, October 30, 2007, the amount due is $227,442.78. This fee is based upon the just value of land in 2004. We were giving your client the benefit of the 2004 figure as this is when the fee should have been paid. As stated in the Development Order, after today we will have to adjust according to the 2007 figure. Taxes on the property have gone down over last year, but are higher than.in 2004. The just value of land in 2004 was $4,295,560. I called the Property Appraiser's office to verify what the just value of land is based on the 2007 tax figure and was informed that it is $9,931,890. So, if not paid by today, the impact fee will increase dramatically. Please let me know if you will be able to make payment today, and if so, approximately what time that would be. I have a few appts. today and want to be sure someone is available to assist in accepting the payment if I am not here. Debbie - - - -- Original Message---- - From: Wells, Wayne Sent:.Tuesday, October 30, 2007 8:14 AM To: Reid, Debbie Cc: Kader, Art Subject: FW: FLD2007- 04012, 445 Hamden Drive & 504 S. Gulfview Blvd. Debbie - Can you respond to Mr. Runnells (copy me on the response). Thanks. Wayne - - - -- Original Message---- - From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Monday, October 29, 2007 9:49 AM To: Wells, Wayne Cc: pete @flyskyview.com Subject: RE: FLD2007- 04012, 445 Hamden Drive & 504 S. Gulfview Blvd. Hello wayne. Today my client is going to wire the money to me to pay the parks and rec fees (about $227k). This money is coming into my trust account. What are the logistics of paying this fee? Do I need a cashier's check, or is my atty trust acct check sufficient? Who is payment made to and where? Also, if the fees are not paid by tomorrow, will they go up or down? I know the d.o. says they are subject to increase base upon 07 as valorem tax levels, but many taxes in the county have gone down since last year, but I am not sure about this property. Please advise, and thanks for your help. kent Kent Runnells Kent Runnells, P.A. 1 ,� • • Page 1 of 3 Wells, Wayne From: Dougall- Sides, Leslie Sent: Tuesday, October 02, 2007 3:46 PM To: Wells, Wayne Subject: GM07- 1420 -010 : RE: DiVello restrictions IblNumAttach: 0, MessageGUID: {4629F190 -D44F- 4037- B8AE- 0732F2FA8AFF) OriginalDate: None Originator: SQL Style: DiVello 445 Hamden Dr. Declaration of Restrictions ( Hi Seas ) Wayne, I agree with your comments and have the following additional comments: 1. Section 1.3 is deleted. What about the easement/joint use agreements that were discussed? Are they still necessary? 2. Section 1.6 s deleted. Isn't there still a necessity to address the boat slips? Leslie K. Dougall -Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562 -4010 phone (727) 562 -4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources - - - -- Original Message---- - From: Wells, Wayne Sent: Tuesday, October 02, 2007 8:24 AM To: Dougall- Sides, Leslie Cc: Delk, Michael Subject: DiVello restrictions Leslie - Any word on your review of this document (see my comments below)? I would like to advise Mr. Runnells soon so he can finish the document. Wayne - - - -- Original Message--- - From: Wells, Wayne Sent: Tuesday, September 18, 2007 11:55 AM To: Dougall- Sides, Leslie Cc: Delk, Michael 10/4/2007 .,� ,,r • • Page 2 of 3 Subject: DiVello restrictions Leslie - Have you had a chance to review the Amended Declaration of Restrictions? Following are my comments that I will be sending to Mr. Runnells (I have not sent them yet. Do you concur with these ?): 1. In the opening paragraph, it states the trust was amended again on July 1, 2005. Do you mean July 1, 2007? When the 2007 FLD case was filed Fulvio DiVello was the trustee. I don't have any documentation in the case file for FLD2007 -04012 regarding Pedro P. Benevides being Trustee. Is this the new owner? When did this occur? 2. In the first "WHEREAS" shouldn't the term Declaration be "Amended Declaration "? 3. In the third "WHEREAS" on Page 1, suggest striking the word "has" after Declarant, since such application was in the past, not the present. Also, since this is the Amended Declaration, shouldn't the term "Application" be dropped from this WHEREAS, as this prior FLD case is referenced now in a historical context? 4. In the fifth "WHEREAS" on Page 1, reference to Case No. FLD2007 -04012 should be made, as this was the file number for the case granting the mixed use, much like the third WHEREAS after "CDB." Also, shouldn't this now be referenced as the "Application" now? 5. 1 am getting confused with terminology. This Amended Declaration needs to be clear as to what is approved on this property. 6. Section 2.1 - Shouldn't the term Declaration be "Amended Declaration" (two places)? 7. Section 2.2 - Shouldn't the term Declaration be "Amended Declaration" (two places)? 8. Section 2.4 - Shouldn't the term Declaration be "Amended Declaration "? Wayne - - - -- Original Message---- - From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Friday, August 17, 2007 6:11 PM To: Wells, Wayne; Dougall - Sides, Leslie; Delk, Michael Subject: divello restrictions to all: i have attached a proposed revision to the declaration, which i believe to be consistent with the requirements of the development order. also, i have attached a correct legal description to the unity of title for the hotel and sent it in for recording. thanks for your help and patience. i look forward to your comments. kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received 10/4/2007 �, , � • Page 3 of 3 this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you., From: Kent Runnells, P.A. [mailto:krpalaw @tampabay.rr.com] Sent: Friday, August 17, 2007 5:29 PM To: Kent Runnells Subject: Benevides Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidentiator legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. 10/4/2007 ,•s '' • Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Tuesday, October 02, 2007 5:42 PM To: 'Kent Runnells' Cc: Delk, Michael; Dougall- Sides, Leslie Subject: DiVello restrictions Kent - Leslie Dougall -Side and I have reviewed the Amended Declaration of Restrictions and have the following comments (joint comments): 1. In the opening paragraph, it states the trust was amended again on July 1, 2005. Do you mean July 1, 2007? When the 2007 FLD case was filed Fulvio DiVello was the trustee. I don't have any documentation in the case file for FLD2007 -04012 regarding Pedro P. Benevides being Trustee. Is this the new owner? When did this occur? 2. In the first "WHEREAS" shouldn't the term Declaration be "Amended Declaration "? 3. In the third "WHEREAS" on Page 1, suggest striking the word "has" after Declarant, since such application was in the past, not the present. Also, since this is the Amended Declaration, shouldn't the term "Application" be dropped from this WHEREAS, as this prior FLD case is referenced now in a historical context? 4. In the fifth "WHEREAS" on Page 1, reference to Case No. FLD2007 -04012 should be made, as this was the file number for the case granting the mixed use, much like the third WHEREAS after "CDB." Also, shouldn't this now be referenced as the "Application" now? 5. 1 am getting confused with terminology. This Amended Declaration needs to be clear as to what is approved on this property. 6. Section 1.3 is deleted. What about the easement/joint use agreements that were discussed? Are they still necessary? 7. Section 1.6 s deleted. Isn't there still a necessity to address the boat slips? 8. Section 2.1 - Shouldn't the term Declaration be "Amended Declaration" (two places)? 9. Section 2.2 - Shouldn't the term Declaration be "Amended Declaration" (two places)? 10. Section 2.4 - Shouldn't the term Declaration be "Amended Declaration "? 11. At the top of Page 4 under "IN WITNESS WHEREOF ", shouldn't the term Declaration be "Amended Declaration "? Wayne - - - -- Original Message---- - From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Friday, August 17, 2007 6:11 PM To: Wells, Wayne; Dougall- Sides, Leslie; Delk, Michael Subject: divello restrictions to all: i have attached a proposed revision to the declaration, which i believe to be 10/4/2007 • • Page 2 of 2 consistent with the requirements of the development order. also, i have attached a correct legal description to the unity of title for the hotel and sent it in for recording. thanks for your help and patience. i look forward to your comments. kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells, P.A. [mailto:krpalaw @tampabay.rr.com] Sent: Friday, August 17, 2007 5:29 PM To: Kent Runnells Subject: Benevides Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. 10/4/2007 u 0 Prepared by and return to: Kent Runnells, P.A. 101 Main Street Suite A Safety Harbor, FL 34695 • AMENDED DECLARATION OF RESTRICTIONS THIS AMENDED D ION OF RESTRI IONS is made this day of , 2007, by edro P. Benevide , a /k/a Pe enevides, as Trustee of the DiVello Land Trust dated August 10, 2004, as sue as been amended and restated on or about September 15, 2004, and again on 1, 2005 ereinafter referred to as "Declarant ". This Amended Declaration shall supersede in all respects the original Declaration of Restrictions filed on February 22, 2007, in Official Records Book 15648, Pages 809 -818, Public Records of Pinellas County, Florida. WITNESSETH WHEREAS, Declarant is the sole owner of certain lands in Pinellas County, Florida, more particularly described on Exhibit "A" attached hereto, and incorporated herein by reference, and called the "Property" in this eclaration; and WHEREAS, for a period of many years, all of the Property has been improved with a hotel facility, and used as an overnight accommodation use; and WHEREAS, Declarant lam- made application to the City of Cle da Community Development Board ( "CDB ") Application No. FLD2005 -05051 "A lication "), to change the lawfully permitted use of the Property to attached residential use (" Residentia se "); and WHEREAS, pursuant to the Application, the CDB approved the use of the entire Property solely and exclusively as a Residential Use, (the "CDB Approval ") and not for any Hotel Use on any part of the Property; and C \` - i ` � o WHEREAS, notwithstanding s CDB Approval exclusively for Residential Use, Declarant made application to the CDB to permit the continued us of a part of the Property (that part being more fully described in Exhibit `B" attached hereto and being incorporated herein by reference, and further being referred to herein as the "Hotel Parcel ") for a hotel use ( "Hotel Use "), into the foreseeable future, in lieu of Residential Use; and Clients\ DiVell oDocksideLoanRestructure \DecofRestrictions Page 1 WHEREAS, such rights of use were granted by the CDB on or about June 19, 2007, with the conditions set forth in the Development Order issued pursuant to such request (the "Development Order "); and WHEREAS, in recognition and consideration of the rights granted by the CDB in the Development Order, and in order to comply with certain of the requirements set forth in the Development Order (which requirements include conditions which are not addressed herein, but are nonetheless recognized by Declarant as binding upon the Property), Declarant is willing to renounce certain rights with respect to the use of the Hotel Parcel, which rights include the right to construct on the Hotel Parcel fifty -two (52) attached residential condominium units, and Declarant is also willing to agree to all of the terms and conditions set forth herein, and in the Development Order; and NOW, THEREFORE, in consideration of the above recitals which are true and correct, and intending to be legally bound to the terms hereof, Declarant declares that the Hotel Parcel and Residential Parcel described above shall be held, sold and conveyed subject to the following conditions and restrictions, all of which are for the purpose of protecting the value and desirability of the Hotel Parcel and the Residential Parcel, and all of which will run with the Property and shall be binding upon all persons having any right, title or interest therein, or of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns forever. ARTICLE I RESTRICTIONS ON USE OF THE PROPERTY Section 1.1. Intentionally Deleted. Section 1.2 The Property shall henceforth, in perpetuity, be limited to such uses and densities as are allowed, from time to time, under all applicable zoning and land use laws, ordinances, rules and regulations promulgated by any Federal, State, County, Municipal or quasi - governmental agency having jurisdiction and control over such matters with respect to the Property, including, but not being limited to, the limitations on the density of residential condominium units set forth in the Development Order. Section 1.3. Intentionally Deleted. Section 1.4. Declarant hereby renounces certain rights with respect to the use of the Hotel Parcel, which rights prior to the issuance of the Development Order included the right to construct on the Hotel Parcel fifty -two (52) attached residential condominium units. Declarant acknowledges that the restrictions on use hereby imposed under the Development Order reduce from fifty -two (52), to twenty -one (21), the number of attached residential condominium units which are allowed to be built, constructed and improved on the Hotel Parcel. In consideration of Declarant's deducting said units from the Hotel Parcel, Declarant is maintaining units on the Clients \DiVello \Benevides\Dockside \Dec of Restrictions Page 2 Residential Parcel which were subject to the Termination of Nonconformity determination. Declarant shall continue to operate an overnight accommodation use on the Hotel Parcel unless and until some other use is approved. Section 1.5. Intentionally Deleted. Section 1.6. Intentionally Deleted. ARTICLE II GENERAL PROVISIONS Section 2.1. Enforcement. The City of Clearwater shall have the right to enforce, by any appropriate proceeding, all conditions and restrictions now or hereafter imposed by, or pursuant to, the provisions of this eclaration. Each party shall bear its own costs and expenses thus incurred, including reaso able attorneys' fees for all trial and appellate proceedings, if any, in any litigation involving th ecr'a�tion.,'� Section 2.2. Severability. Invalidation of any particular prorwill s#eclaration by judgment or court order will not affect any other provision, all of whi ain in full force and effect; provided, however, any court of competent jurisdictio powered, to the extent practicab le, to reform any otherwise invalid provision of this when necessary to avoid a finding of invalidity while otherwise effectuating Declarant's intent. Section 2.3. Compliance with Law. Declarant acknowledges that the Property shall at all times be subject to all applicable laws, rules, ordinances, and regulations, and all lawful remedies, including but not limited to state and local law requirements concerning condominium development and code enforcement proceedings and penalties established thereunder. Section 2.4. Succes 6rss and Assigns. Declarant declares that the Hotel Parcel and Residential Parcel describe above shall be held, sold and conveyed subject to the conditions and restrictions stated in this Declaration of Restrictions, all of which are for the purpose of protecting the value and desirability of the Hotel Parcel and the Residential Parcel, and all of which will run with the Property and be binding upon all persons having any right, title or interest therein, or of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns forever. Clients\ DiVello\ Bcnevides \Dockside\DecofRestrictions Page 3 IN WITNESS WHEREOF, Declarant has executed this Declaration the date stated above. WITNESSES: Witness (Print Name Witness (Print Name) STATE OF FLORIDA) COUNTY OF PINELLAS ) DECLARANT: Pedro Benevides, a /k/a Pete Benevides, as Trustee of the DiVello Land Trust dated August 10, 2004, as such trust has been amended and restated on or about September 15, 2004, and again on July 1, 2005 The foregoing instrument was acknowledged before me this day of , 2007, by Pedro P. Benevides, a/k/a Pete Benevides, as Trustee of the DiVello Land Trust, who is personally known to me or who produced as identification. NOTARY PUBLIC — STATE OF FLORIDA My Commission Expires: Clients\ DiVello\ Benevides \Dockside\DecofRestrictions Page 4 EXHIBIT "A" LEGAL DESCRIPTION OF OVERALL PARCEL (the Property) Clients\DiVello\Benevides\Dockside\DecofResuictions Page 5 • EXHIBIT `B" LEGAL DESCRIPTION OF HOTEL PARCEL • Clients \DiVello \Benevides \Dockside \Dec of Restrictions Page 6 EXHIBIT "C" LEGAL DESCRIPTION OF RESIDENTIAL PARCEL Clients \DiVello \Benevides \Dockside \Dee of Restrictions Page 7 ,:. Page 1 of 2 Wells, Wayne From: Delk, Michael Sent: Wednesday, September 12, 2007 9:25 AM To: 'Kent Runnells'; Wells, Wayne Subject: RE: 445 Hamden Kent - Wayne and I discussed this. Wayne is checking with Leslie on the revised declaration and will follow up with you. On the matter of the CO's and new comments however those are not emanating from the Planning Department. I might suggest that you contact Building Official Kevin Garriott (562 -4588) or their Department Director, Jeff Kronschnabl (562 -4724) regarding these items. I would start with Kevin. Do let me know if you run into a roadblock however. Michael L. Delk, AICP . Planning Director City of Clearwater, Florida myclearwater.com - - - -- Original Message---- - From: Kent Runnells [mailto:kbrlaw @tampa bay. rr.com] Sent: Tuesday, September 11, 2007 4:34 PM To: Wells, Wayne; Delk, Michael Subject: 445 hamden i know you guys don't even want to hear from me (at least not about this project) but i am in dire need of a favor. it is really a building dept. issue but i have no contacts over there. we are STILL not done with our condo filing on this project. we recently got another deficiency letter, and all i can say is at that although the list is getting shorter, they are putting NEW items on the list, specifically, a copy of the c.o. that was issued back in 1988. while i fail to see the relevance of this item given the issuance of the 2007 c.o., i am trying to comply with their request. however, the city, after an exhaustive search not only of their computer system but also their fiche file on this building, does not seem to have such a document. now for the favor: could either of you (or your designee in the building dept. if this would be more appropriate) write a letter to me indicating that there is no 1988 c.o. for this building, and further stating that such a c.o. is a nullity anyway since a) the building never would have been powered up w/o a c.o. back in '88; b) it was previously in fact operated as a hotel more or less continuously as a hotel from '88 to '04 or whenever the storm hit; and c) it has a current c.o..... or any combination of the three. we are not able to close on these units until we get the filing completed, so as usual, time is of the absolute essence. on a related matter, i never heard back on the revised declaration i sent you several weeks ago. as always, thanks for all your help, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A 9/18/2007 Page 2 of 2 Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. 9/18/2007 �_��. -, „ • • Page 1 of 2 Wells, Wayne From: Delk, Michael Sent: Wednesday, September 12, 2007 8:34 AM To: Wagner, James cc:, Wells, Wayne Subject: FW: 445 hamden James - I think Building would need to issue a letter regarding no found Certificate of Occupancy. Is that something you can do? michael Michael L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com - - - -- Original Message---- - From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Tuesday, September 11, 2007 4:34 PM To: Wells, Wayne; Delk, Michael Subject: 445 hamden i know you guys don't even want to hear from me (at least not about this project) but i am in dire need of a favor. it is really a building dept. issue but i have no contacts over there. we are STILL not done with our condo filing on this project. we recently got another deficiency letter, and all i can say is at that although the list is getting shorter, they are putting NEW items on the list, specifically, a copy of the c.o. that was issued back in 1988. while i fail to seethe relevance of this item given the issuance of the 2007 c.o., i am trying to comply with their request. however, the city, after an exhaustive search not only of their computer system but also their fiche file on this building, does not seem to have such a document. now for the favor: could either of you (or your designee in the building dept. if this would be more appropriate) write a letter to me indicating that there is no 1988 c.o. for this building, and further stating that such a c.o. is a nullity anyway since a) the building never would have been powered up w/o a c.o. back in '88; b) it was previously in fact operated as a hotel more or less continuously as a hotel from '88 to '04 or whenever the storm hit; and c) it has a current c.o..... or any combination of the three. we are not able to close on these units until we get the filing completed, so as usual, time is of the absolute essence. on a related matter, i never heard back on the revised declaration i sent you several weeks ago. as always, thanks for all your help, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 9/18/2007 K 0 • Page 2 of 2 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. 9/18/2007 -• a Page 1 of 2 From: Kent Runnells [kbrlaw @tampabay.rr.com] Sent: Wednesday, August 01, 2007 9:21 PM To: Wells, Wayne Subject: RE: 445 Hamden unity of title wayne: thanks. as to the timing, i am talking a couple weeks, tops hawaii and am leaving at lam thursday, gone most of next week. matters long distance next week, though. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727- 724 -0879 . i got subpoenaed to go to i will try to take care of these This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. From: Wayne.WelIs @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com] Sent: Wednesday, August 01, 2007 6:29 PM To: kbrlaw @tampabay.rr.com Cc: michael.delk @MyClearwater.com Subject: RE: 445 Hamden unity of title Kent - As to the land area, there is an unplatted area to the east of Lots 9 -11 that is part of the property. I am faxing to you the legal description of the overall parcel with that portion in question circled that needs to be corrected in the Unity of Title legal description. As to giving some leeway on the timing on these conditions of approval, I can deal with some breathing room" so long as it doesn't go too long. I understand there has been a sale of the property, but the approval and its conditions run with the land. My concern is that I don't want to have to hold the property owner's hand to obtain compliance with all of the conditions of approval. The owner has bought property that has some items that need to be addressed, within the time frames set out in the Development Order. We just need to get them accomplished so we all can move on to other projects. Keep me in the loop as to timing issues. Thanks. Wayne - - - -- Original Message---- - From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Wednesday, August 01, 2007 5:10 PM To: Wells, Wayne Cc: jazcdl5 @aol.com Subject: 445 hamnden unity of title wayne. i am in the process of drafting a new covenant restricting the hotel site to 21 condo units and will forward same to you within the next few days. as far as the unity of title legal descriptions, i am at a loss to understand your remarks. the condo building sits on lots 4 -8, and the hotel building sits on lots 9 -11. those two parcels are contiguous and platted. the original deed is for lots 4 -11. there is no other land there. if you could, file://S:\Planning Department \C D B\FLEX (FLD) \Inactive or Finished Applications\Ham_, 8/19/2007 0 • Page 2 of 2 please send me a copy (even a photocopy of the relevant portion of the survey would be very helpful) of what you are working with and referring to. also, i know we are under time pressure to get this done per the d.o., but as long as we are proceeding diligently i would ask that you give us a little breathing room on this. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. file://S:\Planning Department \C D B\FLEX (FLD) \Inactive or Finished Applications\Harn_ 8/19/2007 02 -22 -2007 13:26 HI SEAS MOTEL 4433955 Prepared by and return to: Kcnt Runnells, Y.A. 101 Main St., Suite n Safety Harbor, FL 34695 0 PAGE:1 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2007062431 o212212007 at 12:7 PM OFF REC BK: 13W8 PG: 809810 DocType ;RST RECORDING: $86.60 DECLARATION OF RESTRICTIONS THIS DECLARATION OF RESTRICTIONS is made this Q-2 day of FF L3, Q7, 2007, by Fulvio DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004, hereinafter referred to as "Declarant." WITNESSETH WIIEREAS, Declarant is the sole owner of certain lands in Pinellas County, Florida, more particularly described on Exhibit "A" attached hereto, and incorporated herein by reference, and called the "Property" in this Declaration; and WHEREAS, for a period of many years, all of the Property has been improved with a hotel facility, and used as an overnight accommodation use; and WHEREAS, Declarant has made application to the City of Clearwater, Florida Community Development Board ( "CDB ") Application No. FLD2005 -05051 ( "Application "), to change the lawfully permitted use of the Property to attached residential use ( "Residential Use "); and WHEREAS, pursuant to the Application, the CDB approved the use of the entire Property solely and exclusively as a Residential Use, (the "C:DB Approval ") and not for any Hotel Use on any part of the Property; and WHEREAS, notwithstanding such CDB Approval exclusively for Residential Use, Declarant now desires to continue to use a part of the Property (that part being more fully described in Exhibit `B" attached hereto and being incorporated herein by reference, and further being referred to herein as the "Hotel Parcel ") for a hotel use ( "Hotel Use "), into the foreseeable future, in lieu ot'Residential Use; and WHEREAS, by virtue of the fact that Declarant's current and desired continuation of such Hotel Use on the Hotel Parcel would be inconsistent with the mandates of the Development Order issued in connection with Case No. FLD2005 -05051 (the "Development Order "), the City of Clearwater has not issued a Certificate of Occupancy ("C.O.") for Residential Use on that part (1iw% \DiVe)1oDock.WcLo.iKwiuCiv itwftn Mmi rict ions Pape I 02- 22-2007 13:26 HI SEAS MOTEL01433955 • PAGE:2 of the property currently improved with thirty -one (3 1) residential condominium units (which property is more fully described on Exhibit "C" attached hereto and incorporated herein by reference, and which is hereinafter referred to as the "Residential Parcel "), but has expressed its willingness to issue such C.O. as an accommodation to Declarant in consideration of the obligations and undertakings of Declarant set firth herein; and WHEREAS, on January 16, 2007, pursuant to the request of the Declarant, the CDB did extend to February 16, 2008, the deadline for the Declarant to comply with the Development Order entered by the CDB pursuant to the Application, (the "Development Order ") to allow time for the Declarant to amend its Application to request a Flexible Development Application to allow for the continued Hotel Use of the Hotel Parcel notwithstanding the requirements of the Development Order (the "Amended Application "); and WHEREAS, Declarant now desires to amend the Application to allow Declarant to continue to operate the Hotel Parcel as an overnight accommodation unless /until some other use is approved; and W HFREAS, Declarant has not yet had the opportunity to bring before CDB its Amended Application requesting that the Hotel Use be allowed to continue; and WHEREAS, in order to allow for the City to issue the C.O. for the Residential Parcel while Deelarant's Amended Application is pending, Declarant is willing to renounce prospectively certain rights with respect to the use of the Hotel Parcel, which rights include the right to construct on the Hotel Parcel fifty -two (52) attached residential condominium units, and Declarant is also willing to agree to all of the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the above recitals which are true and Correct, and intending to be legally bound to the tens hereof, Declarant declares that the Hotel Parcel and Residential Parcel described above shall be held, sold and conveyed subject to the fbilvwing conditions and restrictions, all of which are for the purpose of protecting the value and desirability of the Hotel Parcel and the Residential Parcel, and all of which will run with the Property and be binding upon all persons having any right, title or interest therein, or of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns forever. ARTICLE I RESTRICTIONS ON USE OF THE PROPERTY Section 1.1. Declarant agrees to file, within sixty (60) days of the execution by Declarant and acceptance by the CDB of this Declaration of Restrictions, its Amended Application regarding the continued Hotel Use of the hotel Parcel, and upon filing such Application Declarant shall make every reasonable effort to conclude the process of development approval within 120 days of application submittal, notwithstanding delay that may occur from time to time CllcnnlUlVclbUeckaldeluenRerlrv� •IU�t1Da�OR(strietis -is Page 2 02- 22-2007 13:26 HI SEAS MOTEL* 4433955 • PAGE:3 due to staff or project representative need for additional time to resolve issues which may arise. Said Application shall include, pursuant to Community Development Code Section 4- 202(6.), a description of the property which is the subject of the Application documenting that a property line has been established along the existing lot lines. Section 1.2 In the event the C.DB grants the Declarant's request under the Amended Application to allow for Hotel Use, then and in said event the Property shall henceforth, in perpetuity, be limited to such uses and densities as are allowed, from time to time, under all applicable zoning and land use laws, ordinances, rules and regulations promulgated by any Federal, State, County, Municipal or quad- governmental agency having jurisdiction and control over such matters with respect to the Property, including, but not being limited to, the limitations on the density of residential condominium units set firth in the Development Order entered in connection with the Amended Application, Section 1.3. Declarant acknowledges the existence of unresolved issues regarding the Hotel Use of the Hotel Parcel, including, but not being limited to, meeting all applicable parking, ingress and egress requirements, which requirements will be met by Declarant through one or more easement Or j()inl use agreements with respect to and by and between the Hotel Parcel and the Residential Parcel. Section 1.4. In order to allow for the City to issue the C.O. for the Residential Parcel, Declarant hereby renounces prospectively certain rights with respect to the use of the Hotel Parcel, which rights include the right to construct on the Hotel Parcel fifty -two (52) attached residential condominium units. Declarant acknowledges that the restrictions on use hereby imposed will reduce considerably from fifty -two (52), to a number which may not be ascertainable at this time; but is estimated to be twenty -two (22), the number of attached residential condominium units which are allowed to be built, constructed and improved on the Hotel Parcel. In consideration of Declarant's deducting said units from the ' Hotel Parcel, Declarant is maintaining units on the Residential Parcel which were subject to the Termination of Nonconformity determination. Declarant shall continue to operate an overnight accommodation use on the Hotel Parcel unless and until some other use is approved. Section 1.5. In the event the CDB does not grant the rights requested under the Amended Application, or Declarant withdraws its Amended Application, then Declarant shall remain entitled to and vested under all rights granted under the Development Ordcr, and shall remain bound to the terms and conditions thereof, and this Declaration of Restrictions shall be null and void, save and except for any rights acknowledged or granted herein to the City of Clearwater to enforce its rules, laws, and ordinances with respect to the Property. Section 1.6. Upon the issuance of the C-0. for the condominium units on the Residential Parcel, there shall be no further rental of the ten (10) boat slips connected to the Property, and the use of said boat slips shall henceforth be limited to use by owners of said condominium units or by guests of the Hotel located on the Hotel Parcel; provided, however, that the Hotel Parcel guest use shall be limited to two of said slips, and that such limited use shall take effect twelve (12) CYanlelDwo�bunekdnelo�nRatruc�ure�D .c cf Reiriviosu Page 3 02 -22 -2007 13:27 HI SEAS MOTE *1433955 0 PAGE:4 months after the issuance of the C.O. The aforesaid limitations on the use of the boat slips shall be incorporated into the Amended Application and be subject to any required federal, state, and local approvals. ARTICLE 11 GENERAL PROVISIONS Section 2.1. Enforcement. The City of Clearwater shall have the right to enforce, by any appropriate proceeding, all conditions and restrictions now or hereafter imposed by, or pursuant to, the provisions of this Declaration. Each party shall bear its own costs and expenses thus incurred, including reasonable attorneys' fees for all trial and appellate proceedings, if any, in any litigation involving this Declaration. Section 2.2. Severability. Invalidation of any particular provision of this Declaration by judgment or court order will not affect any other provision, all of which will remain in full force and effect; provided, however, any court of competent jurisdiction is hereby empowered, to the extent practicable, to reform any otlerwise invalid provision of this Declaration when necessary to avoid a finding of invalidity while otherwise effectuating Declarant's intent. Section 2.3. Compliance with I,aw. Declarant acknowledges that, whether or not the Amended Application shall be granted, the Property shall at all times be subject to all applicable laws, rules, ordinances, and regulations, and all lawful remedies, including but not limited to state and local law requirements concerning condominium development and code enforcement proceedings and penalties established thereunder. Section 2.4. Successors and Assigns. Declarant declares that the Hotel Parcel and Residential Parcel described above shall be held, sold and conveyed subject to the conditions and restrictions stated in this Declaration of Restrictions, all of which are for the purpose of protecting the value and desirability of the Hotel Parcel and the Residential Parcel, and all of which will run with the Property and be binding upon all persons hflving any right, title or interest therein, or of any part therein, and their respective heirs, successors and assigns, and which will inure to the benefit of Declarant, his successors and assigns forever. (llenu0Nel luDaAiidNAROHwIryeNrclDec of R. 1firlw1u Page 4 02 -22 -2007 13:27 HI SEAS MOTE *4433955 � PAGE:5 IN WITNESS WHEREOF, Declarant has executed this Declaration the date stated above. DECLARANT: ulvio DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004 Witness (Print Namc J� � :A loots ) 5 L-%1 17, IN 0-1-11-1 �5 �Q �.. �•.* STATE OF FLORIDA ) COUNTY OF PINELLAS) The foregoing instrument was acknowledged before me this �� day of SIC, 2007, by Fulvio DiVello, who is personally known to me or who produced -V-tDL, -__ , as identification. NOTARY PUBLIC: — STATE OF FLORIDA My Commission Expires: MARIA GIONIS NOTARY PUBLIC - STATE OF FLORIDA COMMISSION M DD391333 MV COMMISSION EXPIRES JAN. 31, 2009 CUcntfi DiwlloUock,WcioouRatrncterc%Dec of Hauleti"A Page 5 02 -22 -2007 13:27 HI SEAS M01*274433955 • PAGE:6 ©LINTY • FFL. -OF.�„ - Ai���769 - -• ��038..._. LEGAL DES .RIPTi01V Lots 4, 5, 6, 7, 8, 9, 10 and 11, COI,UMBLA SUBDIVISION NO. 5. according to the map or plat thereof, as recorded in Plat book 31, 11rage 16. Public Records of Pinellas county, Florida, also that wlplattcd part of goverrunent lot four of Section B, 'Township 29 South, Range 15 Last, described as follows: Begin at the Southeast comer of Lot Eleven (11), COLUMBIA SUBDIVISION NO. FIVE (5) and nun thence South 54 °25'30" cast, sixty-five and eighteen hundredths (65.18) feet; thence North 12'34'30" East, two hundred seventeen and twetity -seven hundredths (217.27) feet, thence North 54'25'30" West, sixty -five and eighteen hundredths (65.18) feet to the Easterly Nine of I.otNine (9) of Said Subdivision, thence South 12 "34'30" two hundred seventeen and twenty seven hundredths (217.27) feet to the point of beginning, G .G- x 171143 / r OVPi'al� %tea ✓�t /� 02 -22 -2007 13:27 HI SEAS MOTE *gg33955 KIIlE1N 8016 01•D COUNTY ROAD No. 54 LEGAL DESCRIPTION: • PAGE:7 � �'��lU�► ��JII�V"ICXIN�'a, YN� PROFESSIONAL SURVEYORS AND MAPPERS NEW PORT RICHEY, FLORIDA 34653 OFFICE: 727 -834 -8140 FAX: 72f- 034 -8150 SKETCH AND LEGAL DESCRIPTION: CXHIBIT "A" /_//0 T ,rL A PARCLL OF LAND LYING IN SECTION B. TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DECRIBED AS FOLLOWS: LOTS 9, 10 AND 11 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 AND THAT POR PION OF LAND LYING BETWEEN LO 1 11 Of SAID COLUMBIA SUBDIVISION No. 5, AND I OT 1, BLOCK A OF BAYSIDE SUBDIVISION No, 4, ACCORDINC TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 36, PAGES 38 -39 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLI.OWS, (THE FOLLOWING BEING ONF IN '1 HE SAME): BEGINNING AT THE NORTHWFST CORNER OF LOT 9 OF' COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF f INELLAS COUNTY, FLORIDA: THENCE SOUTH 77" 25'30" EAST, ALONG THE NORTH LINE OF SAID L01 9, A DISTANCE OF 120.00 FEET: THENCE.. SOUTFI 12° 34'30" WEST, A DISTANCE OF 24,41 FEETi 71 -IENCE SOUTH 54'25'301, EAST, A DISTANCE OF 65.18 FEE I TO THE WEST BOUNDARY OF SAID BAYSIDE SUBDIVISION No. 4: THENCE SOUTH 12° 34'30" WEST, ALONG SAID WEST BOUNDARY, A DISTANCE OF 217,27 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF CULFVIEW BOULFVARD: THENCE NORTH 54° 25'30" WEST. ALONG SAID NORTHERLY RICHT -OF -WAY LINF, A DISTANCE OF 195.b4 FEET TO THE EASTERLY RIGHT -OF -WAY LINE OF HAMDEN DRIVE: THENCE NORTH 17° 34'30" EAST, ALONG SAID EASTLRLY RICH I - OF-WAY LINE A DISTANCF OF 190.16 FEET TO I HE POINT OF Bt GINNING, CONTAINING 38,965 SQUARE FEET. OR 0.8945 ACRES MORE OR I,ESS. NOTES: 1. BEARINGS AND DISTANCE SIIOWN HEREON ARE BASED ON THE WEST LINE OF LOTS 4 -8, OF BAYSIDE SIIBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, HAVING A BEARING OF SOUTH 17^31'30" WES I . 2, T111S IS NOT A BOUNDARY SURVEY. BUT ONLY A LEGAL, DESCRIPTION OF THE GRAPHIC DEPICTION AS SHOWN ON SFILET 2 OF 2 AND 1S NULL ANO VOID WITHOUT BOTH SHEETS. ze� /71 /,/Zp/ 7- '& I . BRUCE A. KLEIN �— DATF: PROFESSIONAL SSURVEYOR AND MAPPER FLORIDA LICENSED No. rSEA 5052 PHASL II- BOUNDARY 1 ,1013 No. 060001.8 DATE; 02 /12 /071SHEET: 1OF 2 SHEETS 02 -22 -2007 13:27 HI SEAS MOTE *4433955 • PAGE:B PROFESSIONAL SURVEYORS AND MAPPERS 8016 OLD COUNTY ROAD NU• 54 NEW PORT RICHLY. rI0RI04 34b53 OFFICES 727- 934 -R140 FAX: 727 -834 -0150 SKL1'CH AND LEGAL DESCRIPTION: EXHIBIT ''A" I CAS � 1/ 1,0T 3 � y S 770 25, &AYSIUE.. -- .00 0 F� P Q 2 , p(3S /ON No 3 ° ' o a V) 30' p0 ,z N l 1 SET CK LL J 1 o° P• 6• AC� LINE 0 -� / vi - G. 16 Q `t, f I Z oc v � � - GLEA _ -� UNPL a r rl D P.Q.B. ReO� � Z � 0. Lo � ;I S1224.41, NORTHWES `���o_ ^� ; - _ 34'3Q„W CORNER OF I ; LOT 9 S77 °25 55465.15, j LEGEND: 0 1 - (D) = DEED w (M) = MEASURED I !d (N) - PLAT P.B. = PLAT BOOK l PG. = PACE PIS O P.O.EI. = POINT OF BEGINNING � 1 o cC/ 0" �o•. o F3gy 10 r 1 �,�. gSo'QiC ly SIp BL . Lj�C•�q��T;ri�, >9SS P.BE38, p is nN No ui 0 20 60 100 200 NOTES: / 40 80 1. BEARINGS AND DIS(ANCE SHOWN HEREON ARE BASEL) ON THE WEST LINE 01 LOTS 4 -8. Or' BAYSIDL SUBDIVISION No. 5. ACrORDINC TO THC MAr on rLAT THEREOF. HAVING A BEARING Or SOUTH 12 034'30" WEST. 2. THIS IS NOT A BOUNDARY SURVEY, BUT ONLY A GRAPHIC DEPICTION 01 ]HE LEGAL DESCRIPTION AS SHOWN ON SHEET 1 OF 2 AND IS NULL AND VOID WITHOUT BOTH SHEETS. PHASE 11 - BOUNDARY JOB No. 060001.8 1 DATE 02/12/07 SHEET; 2 OF 2 SHEETS 02 -22 -2007 13:29 HI SEAS MOTE*74433955 • PAGE:9 PROFESSIONAL SURVEYORS AND MAPPERS F80,6 OLD COUNTY ROAD No. 54 NEW PORT RICHFY. FLORIDA 34653 OFFICE: 727 -834 -8140 FAX: 727 -634 -8150 SKETCH AND LEGAL DESCRIPTION: EXHIBIT "A" DOCKSIDE - A CONDOMINIUM LEGAL DESCRIPTION: PRASE I LEGAL DESCRIP'T'ION; /� A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. OC;ING MORE PARTICULARLY DESCRIRF..0 AS FOLLOWS: LOTS 4, 5, 6, 7 AND 8 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT 1 HEREOF, AS RECORDED IN PLAT 800K 31, PAGE 16 OF THE PUBLIC REORDS OF PINCLLAS COUNTY, FLORIDA. BEING I:URTHER DESCRIBED AS. CTHE FOLLOWING BEING ONE IN TIME SAME): BEGINNING AT THE SOU I HWEST CORNER OF LOT 8 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE. MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF PINh.LAS COUNTY, FLORIDA; THENCE NORTH 12° 34'30" EAST, ALONG THE EASTERLY RIGHT- OF-WAY LINE OF HAMDEN DRIVE, BEING A 60.00 FOOT RIGHT -OF -WAY, A DISTANCE OF 325.00 FEET; THENCE.. SOUTH 77 °25'30" EAST, ALONG THE NORTH ONE: OF SAID LOT 4, A DIS I ANCE OF 219.50 FEET; THENCC SOUTH 12634'30" WEST, A DISTANCE OF 347,90 FEET; I I-IFNCE NOR I l l 77025'30" WEST, A DISTANCE OF" 35.00 FFFT: THENCE NORTH 32° 25'30" WEST, A DISTANCE OF 32.39 FEET TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 8; THENCE NORTH 77° 25'30" WEST, ALONG THE EASTERLY EX IENSION OF SAIDD LOT 8, A DISTANCE OF 161.60 FEET TO THE POINT OF OLGINNING. CONTAINING 72,401 SQUARE FEET, OR 1.662.1 ACRES MORE OR LESS. X BRUCE A. KLEIN GATE PROFESSIONAL SSURVFYOR A,,4D MAPPER FLORIDA LICENSF,D No. PSM 5052 PHASE I • BOUNDARY JOB No. 060001.9 DATE: 02/12/07 SHFFT: 1 OF' 2 SHEETS 02 -22 -2007 13:28 HI SEAS MOTEL*4433955 • PAGE:10 PROFESSIONAL SljRVFYORS AND MAPPCRS 8016 OLD COUNTY ROAD NO. 54 Nrw PnRT RICHEY. FLORIDA i46S.i OFFICE. 777 -1334 -8140 FAX: 727 -834 -8150 SKETCH AND I.FGAL DESCRIPTION: EXHIBIT "A" I FASMENTY �' � 1 I LCr 3 ; rl S77" 2S,30„C; 219.50, 1 �$II R 4� v d - �3 1 0 �AY'IOf P B 2;7, pCVS "4 No. 3 J B. 3 j p�C INf ClEARWAr ('Npt A - � RQOR LEGEND: t D I _. oQ cMI it 0 I ( P ) = PLAT P.B. !� I_ s -•; N PG. = PAGE P.O.B. -" POINT OF BEGINNINC SAC- I V) P.0.8. / tu�0- SOUTHWEST % CORNER OF LOT 8 I C N77° 2S� Q „w I 1 �w 32.39'__% / N320- 25'30 "W M ' I - ; N VI b � ING , r HqS � h R 4� v d - �3 1 0 �AY'IOf P B 2;7, pCVS "4 No. 3 J B. 3 j p�C INf ClEARWAr ('Npt A - � RQOR LEGEND: t D = DEED cMI - MEASURED ( P ) = PLAT P.B. = PLAT BOOK PG. = PAGE P.O.B. -" POINT OF BEGINNINC 35.00' 776 25'30 "W RqY C 07' 1 Z,�� ygcyT` 38, pis ! 318 39 'QO � 0 a n LLI 1n 0 20 60 100 200 —_ I 40 80 1. BEARINGS AND OISTANCF- SHOWN HFRCON ARF.. BASED ON IHE WEST LINE OF LOTS 4 -8. OF BAYSIDE SUBDIVISION Nn. (',. AC'(:ORI)INC TF1 THE MAP OR PLAT THEREOF. HAVING A BEARING OF SOUTH 12.34'30" WE5T, 2. 'IIIIS IS NU( A ©OUNpARY SURVEY. BUT ONLY A GRAPHIC DEPICTION OF THE LEGAL DESCRIPTION AS SHOWN ON SHEET 1 OF 2 ANO IS Nt11I AND VOID WITHOUT BOTH SHEETS. PHASE I- BOUNDARY JOB- No, 060001.9 1 DATE: 02/12 /071 SHEET: 2 OF 2 SHEF'IS ♦ 1 4s �+ PLANNING DEPARTMENT • CITY OF CLEARW.ATER 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 June 19, 2007 Ms. Renee Ruggiero Northside Engineering Services Inc. 601 Cleveland Street, Suite # 930 Clearwater, Florida 33755 RE: Development Order - Case FLD2007 -04012 445 Hamden Drive and 504 South Gulfview Boulevard Dear Ms. Ruggiero: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On June 19, 2007, the Community -Development Board reviewed your request for the following: (1) Termination of Status of Nonconformity for density (existing 62 -room hotel at 504 South Gulfview Boulevard to remain on the southern lot [Parcel B], where 44 rooms are permitted today), under the provisions of Section 6 -109; (2) Flexible Development approval to permit a Mixed Use of 31 attached dwellings at 445 Hamden Drive [Parcel A] and a 62 -room hotel at 504 Gulfview Boulevard [Parcel B], with the following: • Parcel A (445 Hamden Drive) — a) reductions to the front (west along Hamden Drive) setback from 15 feet to five feet (to existing pavement) and to zero feet (to existing trash staging area); b) a reduction to the side (north) from 10 feet to three feet (to existing pavement); c) a reduction to the side (south) setback from 10 feet to zero feet (to patio deck); d) a reduction to the rear (east) setback from 20 feet to seven feet (to existing pavement); e) an increase to building height from 35 feet to 67 feet; f) a reduction to the required interior landscape area from 10 percent to 3.7 percent of the vehicular use area, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and • Parcel B (504 South Gulfview Boulevard) — . a) a reduction to - the front (west along Hamden Drive) setback from 15 feet to zero feet (to existing pavement); b) a reduction to the front (south along South Gulfview Boulevard) from 15 feet to 8.5 feet (to existing pavement); c) a reduction to the side (north) setback from 10 feet to zero feet (to existing patio deck); d) a reduction to the side (east) setback from 10 feet to 2.5 feet (to existing pavement); e) an increase to building height from 35 feet to 62 feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C; FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CAREEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" June 19, 2007 Ruggiero — Page 2 f) a reduction to the required interior landscape area from 10 percent to 2.6 percent of the vehicular use area, a reduction to the foundation planting width along the west and south sides of the hotel building on Parcel B from five feet to zero feet and to allow more than 10 parking spaces in a row without an intervening landscape island (three locations), as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and (3) Flexible Development approval to permit a multi -use dock in conjunction with the attached dwellings at 445 Hamden Drive [Parcel A] for eight of the existing slips and a commercial dock in conjunction with existing hotel at 504 South Gulfview Blvd. [Parcel B] for two of the existing slips (10 total existing slips), under the provisions of Section 3- 601.C.3. The Community Development Board (CDB) APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findings of Fact: 1. The subject 1.789 acres is located at the northeast corner ,of Hamden Drive and South Gulfview Boulevard; 2. In May or June 2005, a storm (hurricane) did damage to both existing overnight accommodation buildings on -site, with the northern building receiving the greater damage; 3. A building permit (BCP2005- 06826) to repair the top five floors due to hurricane damage was submitted on June 22, 2005, and was issued on July 19, 2005, for the northern existing overnight accommodation building (issued for a hotel building); 4. On August 16, 2005, the CDB approved Case No. FLD2005 -05051 for (1) Termination of Status of Nonconformity for density (111 overnight accommodation units existing to be converted to 83 dwelling units, where 53 dwelling units are permitted today); and (2) Flexible Development approval to permit 83 attached dwellings.. This project entailed retaining of the northern building with its conversion to 31 attached dwellings, the demolition of the southern building and the construction of a new southern building with 52 attached dwellings; 5. Construction proceeded under BCP2005 -06826 with no request to change the use under the building permit from overnight accommodations to attached dwellings; 6. The site is currently developed with a 31 -unit attached dwelling building (northern building) and a 62 -room hotel building (southern building); 7. The development proposal for this property is for mixed use of 31 attached dwellings in the northern building /lot and a 62 -room hotel in the southern building/lot; 8. This redevelopment proposal is a hybrid between what was intended for the property of attached dwellings in the northern building through the 2005 Flexible Development approval and the existing hotel on the property in the southern building; 9. The proposal represents the ability to retain an overnight accommodation use on the beach where many hotels /motels have been lost to condominium (attached dwelling) construction; 10. The Code has been amended to preclude the termination of nonconforming density and converting it to a different use (such as overnight accommodation units to attached dwellings), requiring this proposal to meet these new rules; 11. The maximum density for the northern lot (attached dwellings) is 26 dwelling units. However, 31 dwelling units were constructed in the northern building through the approvals granted under FLD2005- 05051; June 19, 2007 Ruggiero — Page 3 12. The Planning Department finds it acceptable to leave the 31 dwelling units in the northern building, even though it is five dwelling units greater than currently allowed, so long as there is a commensurate reduction of five dwelling units for the southern lot should it ever be desired to be redeveloped for attached dwellings or other residential use; 13. The development proposal includes a request for termination of status of nonconformity to permit the existing 62- room hotel at 504 South Gulfview Boulevard to remain on the southern lot (Parcel B), where 44 rooms are permitted today; 14. Setback reductions reflect existing conditions, which are less than Code requirements, but are still consistent with existing setbacks for other projects in close proximity; 15. Building heights of 67 feet for the attached dwelling building and 62 feet for the overnight accommodation building reflect existing conditions, which are consistent and compatible with the height of buildings constructed, under construction or approved within the surrounding area; 16. A total of 125 parking spaces are proposed, where 124 spaces are required. Handicap parking improvements for the hotel lot are included in the proposal; 17. The proposal includes reductions to the required interior landscape area for both the attached dwelling lot and the hotel lot, a reduction to eliminate the foundation planting width along the west and south sides of the hotel building and to allow more than 10 parking spaces in a row without an intervening landscape island (three locations) on the hotel lot. These reductions reflect existing site constraints due primarily to the amount of required parking and the Code dimensional requirements for parking lots; 18. Existing signage of the overall site is nonconforming and must be brought into compliance with current Code requirements. Most likely the Comprehensive Sign Program will be utilized to provide signage for this overall site; 19. Parks and Recreation Impact Fees were not assessed previously for the remodeling of the northern attached dwelling building and must be assessed and paid with this application. 20. That there are no active Code Enforcement cases for this property. Conclusions of Law: 1. That the development proposal is generally consistent with the Standards as per Tables 2 -801.1 and 2 -803 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2 -803.0 of the Community Development.Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3 -913 of the Community Development Code; and 4. That the development proposal is consistent with the Comprehensive Landscape Program criteria as per Section 3- 1202.G of the Community Development Code. Conditions of Approval: 1. That the final design and color of the hotel building be consistent with the owner's intent as included in the application materials, or as modified by the CDB; 2. That Declaration of Unity of Title documents each for the hotel lot and the attached dwelling lot be recorded in the public records by July 19, 2007; 3. That any future change of use to attached dwellings or other residential uses for the southern hotel lot (Parcel B) be developed with five (5) less dwelling units (or residential equivalent) than permitted under maximum density regulations. Such use /density restriction shall be recorded as a Deed Restriction, enforceable by the City, or other legal instrument acceptable to the City Attorney by July 19, 2007; June 19, 2007 Ruggiero — Page 4 4. That there be a minimum 30 -day length of stay by the unit owner or rental /lease tenant in any dwelling in the northern building; 5. That cross access, parking, drainage and pool access between the two lots /owners be recorded in the public records by October 19, 2007; 6. That the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, license and the City's Business Tax Receipt be amended to reflect a maximum of 62 rooms for the hotel (504 South Gulfview Boulevard) by July 19, 2007; 7. That there be no business tenant spaces on the west side of the hotel building; 8. That a building permit be submitted by December 31, 2007, to resurface at least. the south side of the hotel building with gray vinyl siding to match the rest of the building; 9. That a building permit be submitted by October 19, 2007, to construct the site and landscape improvements, with the landscape plan for the hotel lot amended to replace the silver buttonwood trees with clusters of palm trees along the east property line; 10. That existing freestanding and attached signage for both the attached dwelling lot and the hotel lot be brought into compliance with Code requirements. Applications for sign permits or a Comprehensive Sign Program must be submitted by October 19, 2007. Freestanding signage shall be monument - style, designed to match the exterior materials and color of the building; 11. That lighting on the northern area of the attached dwelling lot be brought up to Code requirements and angled or shielded to eliminate negative light intrusion on the adjacent property; 12. That hedges and other landscaping (not including trees) on the northern portion of the site and along the northern 100 feet along the water of the attached dwelling lot (Parcel A) be maintained to a maximum height of three feet to provide continued views of the water by adjacent property owners and their tenants /guests. Landscape materials along the north and east sides of the property shall be of a type that minimizes insect and maintenance debris impacts on the neighbor to the north; 13. That use of the southern two slips at the existing docks be for exclusive use for the mooring of boats by guests of the hotel at 504 South Gulfview Boulevard and are not permitted to be rented, leased or sold separately from use by guests of the hotel; 14. That boats moored at the existing dock, lifts and/or slips for the northern eight slips be for the exclusive use by the residents and/or guests of the attached dwelling condominiums at 445 Hamden Drive and not be permitted to be sub - leased, rented or sold separately from the attached dwelling condominiums; 15. That no liveaboards be allowed in any of the slips at the existing dock; and 16. That all Parks and Recreation fees, totaling $227,442.78, for the northern attached dwelling building be paid no later than October 30, 2007. If not paid by this date, the fees could change, as the fees would be recalculated using the 2007 tax value. Pursuant to Section 4 -407, an application for a building permit or other approvals shall be made within the time frames set out in the conditions of approval above. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The Community Development Board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. 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. • s June 19, 2007 Ruggiero — Page 5 Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4 -502.13 by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on July 3, 2007 (14 days from the date of the CDB meeting). If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727 -562 -4504. You can access zoning information for parcels within the City through our website: www.myclearwater.com/ og v /depts /plannin?. Sincerely, Michael Del', A Planning Director S: (Planning Departmen6C D BIFLEX (FLD) IInactive or Finished ApplicationslHamden 445 Sea Stone Resort (T) 2007 - ApprovedlHamden 445 Development Order 6.19.07.doc Wells, Wayne From: Wells, Wayne Sent: Wednesday, June 20, 2007 9:47 AM To: Renee Ruggiero (E -mail) Subject: FLD2007- 04012, 445 Hamden Drive and 504 S. Gulfview Blvd. Renee - Attached is the Development Order for the above referenced application. The original is being mailed. Wayne Hamden 445 ?velopment Order 6 0 0 Wells, Wayne From: Renee Ruggiero [renee @northsideengineering.com] Sent: Monday, June 18, 2007 12:01 PM To: Wells, Wayne Cc: Kent Runnells; Mark Subject: FLD2007 -04012 Wayne, Page 1 of 1 The 16 conditions of approval contained within the Staff Report for the above referenced project are acceptable to the property owner. We received verbal confirmation of.this on June 18, 2007 via a telephone call. Please feel free to contact me if you have questions or require additional information. Thank you, Renee Ruggiero, Project Planner Northside Engineering Services, Inc. 601 Cleveland St, #930 Clearwater, FL 33755 T 727.443.2869 / F727.446.8036 6/18/2007 • Wells, Wayne From: Wells, Wayne Sent: Friday, June 15, 2007 8:28 AM To: Renee Ruggiero (E -mail) Subject: FLD2007- 04012, 445 Hamden Drive Renee - 0 Forgot to send the Staff Report for the above referenced case to you yesterday. This is on the June 19, 2007, CDB agenda. If the. conditions are acceptable, please let me know by noon on Monday, June 18, 2007, so that I can place this item on the Consent agenda (this is the only case on the entire agenda). Wayne Hamden 445 Staff Report.doc Page 1 of 1 Wells, Wayne From: Renee Ruggiero [renee @northsideengineering.com] Sent: Thursday, May 31, 2007 10:25 AM To: Wells, Wayne Cc: Mark Subject: FLD2007- 04012- 445 Hamden /504 S Gulfview Blvd. Good morning Mr. Wells; Please accept this letter as formal confirmation of the property owner's intention to finish the south facade of the southern building with siding. The siding will match the existing siding on the building; the property owner verified this information on May 31, 2007 to Northside Engineering Services, Inc. Thank you for the opportunity to respond to this inquiry, we trust that this information is acceptable. Please feel free to contact me if you require additional information. Respectfully, Renee Ruggiero, Project Planner Northside Engineering Services, Inc. 601 Cleveland St, #930 Clearwater, FL 33755 T 727.443.2869 / F727.446.8036 6/8/2007 f V , a it PLANNING DEPARTMENT CITY OF CLEARWATER. POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562 -4865 May 25, 2007 Ms. Renee Ruggiero Northside Engineering Services, Inc. 601 Cleveland Street, Suite 930 Clearwater, FL 33755 Re: Community Development Board Meeting (Case No. FLD2007- 04012) Dear Ms. Ruggiero: You have filed Case No. FLD2007 -04012 for property located at 445 Hamden Drive and 504 S. Gulfview Boulevard for the following: (1) Termination of Status of Nonconformity for density (existing 62 -room hotel at 504 South Gulfview Boulevard to remain on the southern lot [Parcel B], where 44 rooms are permitted today), under the provisions of Section 6 -109; (2) Flexible Development approval to permit a Mixed Use of 31 attached dwellings at 445 Hamden Drive [Parcel A] and a 62 -room hotel at 504 Gulfview Boulevard [Parcel B], with the following: ■ Parcel A (445 Hamden Drive) — a) reductions to the front (west along Hamden Drive) setback from 15 feet to five feet (to existing pavement) and to zero feet (to existing trash staging area); b) a reduction to the side (north) from 10 feet to three feet (to existing pavement); c) a reduction to the side (south) setback from 10 feet to zero feet (to patio deck); d) a reduction to the rear (east) setback from 20 feet to seven feet (to existing pavement); e) an increase to building height from 35 feet to 67 feet; f) a reduction to the required interior landscape area from 10 percent to 3.7 percent of the vehicular use area, as a Comprelensive Landscape Program, under the provisions of Section 3- 1202.G; and ■ Parcel B (504 South Gulfview Boulevard) — .a) a reduction to the front (west along Hamden Drive) setback from 15 feet to zero feet (to existing pavement); b) a reduction to the front (south along South Gulfview Boulevard) from 15 feet to 8.5 feet (to existing pavement); c) a reduction to the side (north) setback from 10 feet to zero feet (to existing patio deck); d) a reduction to the side (east) setback from 10 feet to 2.5 feet (to existing pavement); e) an increase to building height from 35 feet to 62 feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C; f) a reduction to the required interior landscape area from 10 percent to 2.6 percent of the vehicular use area, a reduction to the foundation planting width along the west and south sides of the hotel building on Parcel B from five feet to zero feet and to allow more than 10 FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" May 25, 2007 Ruggiero — Page 2 parking spaces in a row without an intervening landscape island (three locations), as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and (3) Flexible Development approval to permit a multi -use dock in conjunction with the attached dwellings at 445 Hamden Drive [Parcel A] for eight of the existing slips and a commercial dock in conjunction with existing hotel at 504 South Gulfview Blvd. [Parcel B] for two of the existing slips (10 total existing slips), under the provisions of Section 3- 601.C.3. This case has been scheduled to be reviewed by the Community Development Board on June 19, 2007. The meeting will take place at 1:00 p.m. in the City Council Chambers, 3`d floor of City Hall at 112 S. Osceola Avenue, Clearwater. If you have any questions, please do not hesitate to call me at 727 -562 -4504. k nce*rely, /"1L /'�- /V" Wa e M. Wells, AICP Planner III S: (Planning DepartmentlC D BIFLEX (FLD)IPending cases)Up for the next CDBIHamden 0445 Sea Stone Resort (T) - 6.19.07 CDB - WWIHamden 445 CDB Letter.doc Wells, Wayne From: Wells, Wayne Sent: Monday, May 21, 2007 10:47 AM To: Renee Ruggiero (E -mail) Subject: 445 Hamden Drive Look at the request and how it is worded. CDB Agenda June 19,2007.doc J;; i � � � Page 1 of 3 Wells, Wayne From: Delk, Michael Sent: Monday, May 14, 2007 1:13 PM To: 'Kent Runnells' Cc: Wells, Wayne Subject: RE: fulvio divello ?seastone impact fee Kent - Wayne and I have discussed this and it's our opinion here that the application can just be withdrawn. It would put us back to where were in the beginning with having no issues on signing off on CO's for overnight accommodation. Michael Delk, AICP Planning Director City of Clearwater, FL 727 - 562 -4561 myclearwater.com - - - -- Original Message---- - From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Friday, May 11, 2007 2:01 PM To: Delk, Michael Cc: Dougall- Sides, Leslie; 'Mark' Subject: RE: fulvio divello ?seastone impact fee Michael: based partly on your response re the impact fees, but also on the current condo market, fulvio would like to consider going back to square one, so to speak, and not sellling any condos, but rather just keep the entire property, both the north and the south building, as an overnight accomodation. Could he merely formally withdraw his application for the change of use, transfer of density, etc., or is this more complicated than it appears? I know it is already friday afternoon, but your earliest possible response would be greatly appreciated. thanks, kept Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727- 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. From: michael.delk @MyClearwater.com [ mailto :michael.delk @MyClearwater.com] Sent: Wednesday, May 09, 2007 11:44 AM To: kbrlaw @tampabay.rr.com Cc: Leslie. Dougall- Sides @myClearwater.com; Wayne.Wells @myClearwater.com 8/31/2007 .� 0 0 Page 2 of 3 Subject: RE: fulvio divello ?seastone impact fee Kent - The recreation impact fee is for the condo's in the north building. Traffic impact fees, as well as utility fees may also be an issue. I would encourage you or your client to check. If however these units should end up remaining overnight accommodation, the fees would no longer be applicable. Michael Delk, AICP Planning Director City of Clearwater, FL 727 - 562 -4561 myclearwater.com - - - -- Original Message---- - From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Wednesday, May 09, 2007 10:16 AM To: Dougall- Sides, Leslie; Wells, Wayne; Delk, Michael Subject: FW: fulvio divello ?seastone impact fee leslie< michael, and wayne: any chance of getting a response to my a mail of monday re this impact fee issue? thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Monday, May 07, 2007 11:56 AM To: 'Leslie. Dougall- Sides @myClearwater.com' Cc: 'Mark'; 'Housh Ghovaee' Subject: fulvio divello ?seastone impact fee Leslie: please see the attached letter fulvio received from the city. I REALLY hope this is for the old building, which fulvio hopes to keep as a hotel, and was sent in contemplation of his demolishing that building and putting up 52 new condos, as originally planned. i know in government sometimes the right hand does not always know what the left hand is doing, and that this may be the case here. it does not make any sense that this is for the 31 condo units that were already c.o.'d. please respond asap, as this is tearing fulvio up, and we need to know where he stands. thanks, kent 8/31/2007 .N:. 8 0 0 Page 3 of 3 Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells, P.A. [mailto:krpalaw @tampabay.rr.com] Sent: Monday, May 07, 2007 11:25 AM To: Kent Runnells Subject: 4 -17 -05 Itr from City of Clearwater Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 8/31/2007 May 11, 2007 Mr. Wayne Wells Planner III City of Clearwater Planning Dept. 100 S. Myrtle Ave, Suite 210 Clearwater, FL 33756 Re: FLD2007 -04012 — 445 Hamden Dr DRC Response Dear Mr. Wells: Listed below are our responses to the Development Review meeting held on 5/3/2007: ab Harbor Master 1. Please see provided copies of the approved construction plans provided by the client. 2. The slips will be for the use of owners and their guest's only, additional parking is not required. 3. No lifts are proposed. 4. The State owns the bottom land that the docks are located on, please see attached letter from FDEP. 5. The slips will be for the use of owners and their guest's only; slip will not be sold to anyone other than a condo owner for their use. 6. No slips will be utilized commercially; they will only be for recreational use. 7. 8 Slips will be purchased by condo owners on a first come first serve basis and if sold will only be transferred from one condo owner to another. The remaining two slips will be for the use of the hotel and guests. The size of the vessels will be based upon the allowance and requirements of FDEP. 8. The property owner does not intent to allow live aboards on site. 9. Slips will be limited to the use of the condo owners, their guests and the hotel guests. Landscaping 1. Please see revised landscape plan providing additional enhancement to the area. a. Please see revised landscape plan with revisions as per your direction. b. Please see revised landscape plan providing additional plantings as per your request. c. Please see revised landscape plan providing additional plantings as per your request d. Please see revised landscape plan providing additional plantings as per your request 2. Through discussion with Steve Doherty it has been determined that the easement is in association with a 24" ductile iron storm pipe, further Mr. Doherty had no objection to plant materials in this .area. Due to the reduced area (2.5' of planting area) the 2" caliper accent trees are not possible in this area, the Landscape Designer has provided for ground plantings and smaller accent trees to assist improvement to this area. ORIGIM ?FCEM 601 CLEVELAKV 'STREET, 5UITE 930 CLEARW A Eta, FUW: , ',I MAY 112007 727.443.2869 FAX 727.446,:8036 PLANNING DEPARTMENT CIN Of CLEARWATER y 3. The plans have been revised to correctly reflect the brick/deck area in lieu of ground cover. 4. Legend for landscape material has been added to sheet L1.1, please see revised. 5. Please see Comprehensive Landscape Program for specific landscape variances requested. Y Parks and Recreation 1. The impacts fees associated with the project are currently under discussion and review by the City and the Developer. ` Solid Waste 1. thru 4. As per our discussion at DRC the dumpster and enclosure have been relocated out of the visibility triangle and a new white PVC fence enclosure is proposed and will meet City specifications. 1! Traffic Engineering 1. See revised plan with handicap parking stall and sign details compliant with City Standards. 2. H/C access aisles revised to meet City standards. 3. See revised staking plan which provides an accessible path to the public sidewalk along Hamden Drive. 4. It appears as though the City is currently replacing the sidewalk along both frontages and we assume truncated domes will be installed as a part of the City's sidewalk construction program. Should the City not install the required truncated domes as per City specifications, please make this a condition of approval and the truncated domes will be installed by the developer. 5. The dumpster enclosure has been relocated and is no longer within the visibility triangle, per discussion at DRC for this project; therefore no other items within triangles need to be addressed. 6. Per discussion after DRC with Bennett Elbo, driveway may be left as is. Planning 1. As proposed, the use of the northern building is an attached dwelling unit use, the southern building is an overnight accommodation use. 2. Please see revised Comprehensive Landscape Program application and narrative. 3. Outdoor lighting fixtures are provided on the staking plan. 4. Thank you, please see revised site data table reflecting the changes as requested in items a -n. 5. As per our discussion at DRC, one additional handicap space has been added to the hotel site at the most northern location to provide cross use between the condominium and hotel. 6. The total number of parking spaces required for both uses has been provided, an additional variance is not necessary. 7. The vinyl siding was damaged in a storm and removed for safety purposes. Once this project is approved the south elevation will be refinished with stucco and painted to match the rest of the building. 8. Acknowledged, additional conditions of approval regarding the existing signage on site may be forth coming. 9. The property owner believes all signage associated with the previous Viewpoint Realty business has been removed. 10. See revised description of request and /or narrative. ORIGINAL 11. See revised description of request and /or narrative. REGENT 12. See revised description of request and /or narrative. 13. See revised description of request and /or narrative. MAY i 12007 601 CLEVUAND VTRMT, SUITE 930 CLEARW4TER, FLORIDA a3755 727.443.2869 FAX 727.446.8036 2 PVNOfDAWTERr b 14. The boats you are questio* are there without the benefit of a leaf and will vacate the site once the approval of this request is received. 15. See below 16. Eight slips will be for the exclusive use of the residents and/or guests of the condominiums at 445 Hamden Drive and will not be permitted to be sub- leased, rented, leased or sold separately. The two southern slips will be reserved for the exclusive use of the hotel guests at 504 S. Gulfview Boulevard, the two slips will not be rented, elapsed or sold separately from the use by guests of the hotel. 17. See revised description of request and /or narrative. 18. See revised description of request and /or narrative. 19. See revised description of request and /or narrative. 20. See revised description of request and/or narrative. 21. See revised description of request and/or narrative. 22. We acknowledge the Potential Conditions of Approval contained within items 22. through 29. 30. See revised description of request and /or narrative. 31. See revised description of request and/or narrative. 32. See revised description of request and /or narrative. 33. See revised description of request and /or narrative. 34. See revised Comprehensive Landscape Program description of request and /or narrative. 35. See revised Comprehensive Landscape Program description of request and/or narrative. 36. See revised Comprehensive Landscape Program description of request and /or narrative. 37. See revised Comprehensive Landscape Program description of request and/or narrative. If there are any additional comments or concerns, please contact our office and we will respond immediately. Sincerely, Renee Ruggiero Project Planner 445 Hamden Dr # 529/2007 -P H e1'1,w(,,-`V[T1AM P' STREET, WITE 930 R, FLORIDA, 317!5$ 727.443.2869 FAX 727.446.8036 �; } • • Page 1 of 3 Wells, Wayne From: Delk, Michael Sent: Wednesday, May 09, 2007 4:10 PM To: 'Kent Runnells' Cc: Dougall- Sides, Leslie; Wells, Wayne; 'Mark; 'Housh Ghovaee' Subject: RE: fulvio divello ?seastone impact fee Kent - I thought it had been overnight accommodation and changed use to residential condominium? Typically, we would collect these fees prior to a CO issuance. In this event, we were trying to avoid what was presented to us as a critical situation for your client by establishing an alternate agreement providing needed assurances to allow CO issuance. That we did but fee payment should have been commensurate. We did not waive fees however. mld Michael Delk, AICP Planning Director City of Clearwater, FL 727 - 562 -4561 myclearwater.com - - - -- Original Message---- - From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Wednesday, May 09, 2007 3:36 PM To: Delk, Michael Cc: Dougall- Sides, Leslie; Wells, Wayne; 'Mark'; 'Housh Ghovaee' Subject: RE: fulvio divello ?seastone impact fee thanks for the reply, though i am confused by it. this was an existing use, and the co's have been issued. what am i missing here? kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently'delete this message and any attachments. Thank you. From: michael.delk @MyClearwater.com [ mailto :michael.delk @MyClearwater.com] Sent: Wednesday, May 09, 2007 11:44 AM To: kbrlaw @tampabay.rr.com Cc: Leslie. Dougall- Sides @myClearwater.com; Wayne.Wells @myClearwater.com Subject: RE: fulvio divello ?seastone impact fee 9/18/2007 �il t • • Page 2 of 3 Kent - The recreation impact fee is for the condo's in the north building. Traffic impact fees, as well as utility fees may also be an issue. I would encourage you or your client to check. If however these units should end up remaining overnight accommodation, the fees would no longer be applicable. Michael Delk, AICP Planning Director City of Clearwater, FL 727 - 562 -4561 myclearwater.com - - - -- Original Message---- - From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Wednesday, May 09, 2007 10:16 AM To: Dougall- Sides, Leslie; Wells, Wayne; Delk, Michael Subject: FW: fulvio divello ?seastone impact fee leslie< michael, and wayne: any chance of getting a response to my e mail of monday re this impact fee issue? thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Monday, May 07, 2007 11:56 AM To: 'Leslie.Dougall- Sides @myClearwater.com' Cc: 'Mark'; 'Housh Ghovaee' Subject: fulvio divello ?seastone impact fee Leslie: please see the attached letter fulvio received from the city. I REALLY hope this is for the old building, which fulvio hopes to keep as a hotel, and was sent in contemplation of his demolishing that building and putting up 52 new condos, as originally planned. i know in government sometimes the right hand does not always know what the left hand is doing, and that this may be the case here. it does not make any sense that this is for the 31 condo units that were already c.o.'d. please respond asap, as this is tearing fulvio up, and we need to know where he stands. thanks, kent Kent Runnells 9/18/2007 i • • Page 3 of 3 Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells, P.A. [mailto:krpalaw @tampabay.rr.com] Sent: Monday, May 07, 2007 11:25 AM To: Kent Runnells Subject: 4 -17 -05 Itr from City of Clearwater Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. 9/18/2007 p Page 1 of 2 Wells, Wayne From: Delk, Michael Sent: Tuesday, May 08, 2007.10:09 AM To: Dougall- Sides, Leslie Cc: Akin, Pam; Wells, Wayne Subject: RE: fulvio divello ?seastone impact fee Leslie - The recreation impact fee is for the condo's in the north building. Traffic impact fees, as well as utility fees may also be an issue. If I were them I would check. If however these units should end up remaining overnight accommodation, the fees would no longer be applicable. Michael Delk, AICP Planning Director City of Clearwater, FL 727 - 562 -4561 myclearwater.com - - - -- Original Message---- - From: Dougall- Sides, Leslie Sent: Monday, May 07, 2007 12:00 PM To: Delk, Michael Cc: Akin, Pam; Wells, Wayne Subject: FW: fulvio divello ?seastone impact fee Please advise re response. Leslie K. Dougall -Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater; Florida 33758 (727) 562 -4010 phone (727) 562 -4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources - - - -- Original Message---- - From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Monday, May 07, 2007 11:56 AM To: Dougall- Sides, Leslie Cc: 'Mark'; 'Housh Ghovaee' Subject: fulvio divello ?seastone impact fee 9/18/2007 1- • Page 2 of 2 Leslie: please see the attached letter fulvio received from the city. I REALLY hope this is for the old building, which fulvio hopes to keep as a hotel, and was sent in . contemplation of his demolishing that building and putting up 52 new condos, as originally planned. i know in government sometimes the right hand does not always know what the left hand is doing, and that this may be the case here. it does not make any sense that this is for the 31 condo units that were already c.o.'d. please respond asap, as this is tearing fulvio up, and we need to know where he stands. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells, P.A. [ mailto:krpalaw @tampabay.rr.com] Sent: Monday, May 07, 2007 11:25 AM To: Kent Runnells Subject: 4 -17 -05 Itr from City of Clearwater Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. 9/18/2007 b 6 PLANNING DEPARTMENT ITT OF 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 May 7, 2007 Housh Ghovaee Northside Engineering Services Inc. 601 Cleveland Street, Suite 930 Clearwater, FL 33755 Re: 445 Hamden Drive (Parcel No. 08/29/15/17640/000 /0040) Condominium Conversion Letter To Whom It May Concern: The Planning Department is in receipt of your letter dated May 7, 2007. The City of Clearwater acknowledges, in accordance with Section 718.616, Florida Statues, that it is the intent of the owner of the above referenced property to convert the northern building of the existing hotel /motel to a condominium form of ownership for 31 attached dwellings. The City of Clearwater requires that a _condominium plat and condominium documents be recorded with the Pinellas County Clerk of the Court. Please submit a copy of these recorded documents to the City of Clearwater Planning Department. Based on information available to the Planning Department, the subject property for the attached dwelling parcel is 39,000 square feet (0.895 acre) in size. The property is currently zoned Tourist (T), which permits attached dwellings. A condominium form of ownership does not change the use of the property. This property is still considered by the City to be attached dwellings, meeting the definition of the Community Development Code. The definition of "attached dwelling ", as contained within the Community Development Code, means "a dwelling unit that shares common walls with at least one other dwelling unit." The Community Development Code does not regulate how attached dwellings are owned or operated. The City of Clearwater interprets no distinctions between rental units or condominium. The minimum length of stay of owners or tenants in the attached dwelling units is 30 days. Based on current maximum density permitted within the Resort Facilities High (RFH) Category of thirty (30) dwelling units per acre, the maximum number of attached dwelling units permissible on this property is 26. This site is currently being processed for approval by the Community Development Board (CDB) of 31 attached dwelling units in this northern building under Case Number FLD2007 -. 04012. It is under this case that the determination will be made of compliance with all applicable zoning requirements, such as required parking (currently requirement is two parking spaces per unit). FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J. B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CAREEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" May 7, 2007 To Whom It May Concern — Page 2 As of January 21, 1999, the City adopted the Community Development Code.. This change may have created nonconformities, if so they are legal nonconformities and may continue. According to Section 6- 103.E, in the event a structure in which a nonconforming use (including density) is located is destroyed or damaged to the extent of less than 50 percent of the assessed value of such structure, the nonconforming use may be re- established if a complete and legally sufficient application for all required permits to repair or restore is submitted within six months of the date of the damage. In the event a structure in which a nonconforming use (including density) is located is destroyed or damaged to 50 percent or more of the assessed value, these structures may be repaired or restored only if the structure and the use (including density) conforms to the standards of this development code for the zoning district in which it is located. Assessed value shall be determined by reference to the official property tax assessment. rolls for the year the structure is destroyed or damaged. The extent of damage or destruction shall be determined by the building official by comparing the estimated cost of repairs or restoration with the assessed value. Attached is a copy of the current Tourist zoning district regulations and amendments, as contained within the Community Development Code. This letter has been furnished to you in compliance with Section 718.616(4) Florida Statutes. Please contact Wayne M. Wells, Planner III (727 -562 -4504 or wayne.wellsgmyclearwater.com), if you need further assistance. Zoning information is available through the City's website at www.myclearwater.com. Sincerely, Michael Delk, AICP Planning Director S: (Planning DepartmentlLettersIZoning LettersIHamden 445 (T+ Condo Cony) 5.7.07.doc 05/@7/2007 10:17 72744680 NORTHSIDE ENG S PAGE 01/01 JA, - - LETTERHEAD 2007 Re: Dockside, .a Condominium /Address To Whom It May Concern: City of Clearwater acknowledges that it has been notified of the proposed creation of a residential condominium by conversion of existing previously occupied improvements located at the above referenced address. Such conversion is not prohibited by the apphcablc zoning requirements as determined by City of Clearwater, Florida and such conversion will be in compliance with the applicable zoning requirements. Very truly yours,' i City of Clearwater By,: Wells, Wayne From: Wells, Wayne Sent: Tuesday, May 01, 2007 3:25 PM To: Doreen Williams (E -mail) Subject: FLD2007- 04012, 445 Hamden Drive Doreen - 0 Attached are the Draft DRC comments for the May 3, 2007, DRC meeting. The review of the above referenced case will be at 1:30 pm in our offices. Should you have any questions, feel free to email or call me. Wayne draft 5.3.07 dre action agenda... • Wells, Wayne From: Wells, Wayne Sent: Tuesday, April 10, 2007 3:45 PM To: Doreen Williams (E -mail) Subject: FLD2007- 04012, 445 Hamden Drive Doreen - • Attached is a Letter of Completeness for the above referenced project. The original letter is being mailed. Wayne letter of mpleteness 4.10.07 • 'Clearwater April 10, 2007 Housh Ghovaee 601 Cleveland Street Suite 930 Clearwater, F133755 CITY OF CLEIRWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W .MYCLEARWATER. COM VIA FAX: 727 - 446 -8036 RE: FLD2007 -04012 -- 445 HAMDEN DR -- Letter of Completeness Dear Housh Ghovaee The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2007- 04012. 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 May 03, 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 7562 -4504 or Wayne.Wells@myclearwater.com. Sincerely yours, Wayne ells, AICP Planner III Letter of Completeness - FLD2007 -04012 - 445 HAMDENDR V Page 1 of 2 Wells, Wayne From: Doreen Williams [ doreen @northsideengineering.com] Sent: Monday, April 09, 2007 10:43 AM To: Wells, Wayne Subject: RE: SeaStone Ok on the names. When we originally redesigned the both sites, we were at 24'. The existing spaces at the hotel are 19' long. If we restriped ato 18', that would only give us drive aisles of 21 & 22 Sincerely, Doreen A. Williams. Doreen A. Williams Project Director Northside Engineering Services, Inc, 601 Cleveland Street, Suite 930 Clearwater, FL 33755 Phone: 727 -443 -2869 Fax: 727 - 446 -8036 Cell: 727 - 235 -8474 From: Wayne.Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com] Sent: Monday, April 09, 2007 10:30 AM To: Doreen Williams Subject: RE: SeaStone Put both names on the plans. What did your plans previously show for drive aisle widths that was for the prior FLD case? - - - -- Original Message---- - From: Doreen Williams [mailto: doreen @northsideengineering.com] Sent: Monday, April 09, 2007 10:27 AM To: Wells, Wayne Subject: RE: SeaStone Well, the condos are called Dockside and the Hotel is SeaStone. How do you want to handle? Also, the existing drive aisles are 19' and 20'. How do I address this? Sincerely, Doreen A. Williams Doreen A. Williams Project Director Northside Engineering Services, Inc, 601 Cleveland Street, Suite 930 Clearwater, FL 33755 Phone: 727 -443 -2869 4/10/2007 ..�,�,n �R� • . -Page 2 of 2 Fax: 727 - 446 -8036 Cell: 727 - 235 -8474 From: Wayne.Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com] Sent: Monday, April 09, 2007 10:23 AM To: Doreen Williams Subject: RE: SeaStone I would suggest removing the FLD2005 -05051 column and adding two required columns for attached dwellings and overnight accommodations. Question - Is the name for this project Sea Stone or Dockside? - - - -- Original Message---- - From: Doreen Williams [mailto:doreen @northsideengineering.com] Sent: Monday, April 09, 2007 10:14 AM To: Wells, Wayne Subject: SeaStone Wayne, should I add two required columns, one for attached dewelling and one for overtime accomodations? Sincerely, Doreen A. Williams Doreen A. Williams Project Director Nonbside Engineering Services, Inc, 601 Cleveland Street, Suite 930 Clearwater, FL 33755 Phone: 727 - 443 -2869 Fax: 727- 446 -8036 Cell: 727 - 235 -8474 4/10/2007 April 9, 2007 Mr. Wayne Wells Planner III City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 RE: FLD2007 -04012 445 Hamden Drive Dear Mr. Wells: • o In response to the Letter of Incompleteness dated April 6, 2007, we offer the following: 1. Revised stormwater report attached. 2. Sheet C1.1 Site Data Table has been revised. 3. Sheet C2.1 — All dimensions have been noted on plan. 4. Sheet C2.1 — Sight visibility triangle shown. 5. Sheet C2.1 — Shading for parking lot interior landscaping areas are shown. 6. Sheet C2.1 — Dumpsters have been located on plan sheet. 7. Sheet C2.1 — Landscape material shown. 8. On and off -site storm water facilities shown on plans. 9. Outdoor lighting fixtures shown on plans. 10. Existing and proposed landscaping shown on plan. 11. Comprehensive Landscape Program Application attached herewith. 12. Building elevations of both buildings included. 13. Location of freestanding sign noted on plan. 14. Section M, Signature of the applicant has been completed. Revised plans are attached herewith. Sincerely, 4,D een A. W liams Project Director 601 CLEVELAND 5TREET, SUITE 930 CI.L,'- RWATER, FLORIDA 33755 727.443.2869 FAX 727.446.8036 ORIGINAL REOFIVFD APR t C, 2007 PLANNING DEP'ARTIOENT CITY OF CLEARWATER 0= Northside 5"io" sm*"' 9,W. • CIVIL LAND PLANNING ENVIRONMENTAL LETTER OF TRANSMITTAL Date: April 10, 2007 To: Mr. Wayne Wells, Planner III 15 Planning Department 15 City of Clearwater 15 100 S. Myrtle Ave #210 15 Clearwater, FL 33755 Reference: Dockside II - FLD2007 -04012 — 445 Hamden Dr. NES Proj# 2007 -P We Transmit: X Originals Enclosed Under Separate Cover X Prints Mail UPS Overnight Addendum Pick -Up X Hand Delivered Shop drawings Specifications Applications Per Your Request X For Your Review & Comment Floppy Disk For Your Use For Your Approval For Your Files For Your Information 15 Response to Incompleteness Letter 15 Com Infill Application 15 Comp Landscape Application 15 Stormwater Report, 1 Signed and Sealed 15 Sets 4 Sheets) of Civil, Landscape and Elevations, 1 Signed and Sealed 15 Landscape Plan provided by Drew Copley * * * Please contact us at (727) 443 -2869 should you have any questions or comments. Lo Doreen A. Williams, Project Director Copies To: File, N. Pelzer, D. Williams 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 TECFI(rP ,,IORTHS EEK,41 MEERIM4.CO:M 727.443.2869 FAX 727.446.8036 i QWPIML RECEIVED APR 10 2007 PLANNING L)EPARPOL -N 11 CITY OF CLEARWATI* c LL �CITY OFCLE0,kRWATER o 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 April 06, 2007 Housh Ghovaee 601 Cleveland Street Suite 930 Clearwater, Fl 33755 VIA FAX: 727 - 446 -8036 RE: FLD2007 -04012 -- 445 HAMDEN DR -- Letter of Incompleteness Dear Housh Ghovaee : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2007- 04012. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. 1. A Stormwater Narrative was submitted, but what was submitted does not reflect the proposal, as there is no proposed demolition of the southern hotel building and construction of a 51 -unit condominium building, nor any construction of a driveway. Revise to reflect the actual proposal. 2. Sheet C1.1 - Provide in the Site Data Table the following: a. The density for each lot: b. The setbacks for each lot; c. Under the Parking Calculations at the bottom of the table, remove the Termination line (as it has no bearing on the proposal) and it is unclear why there is a calculation for boat slips unless you are asking for a marina use; d. If you are going to include the last column for the prior FLD case, provide all the information, not portions; e. provide the required setbacks; and f. provide the required and provided interior landscape area calculations and the percentage of the vehicular use area (for each lot). 3. Sheet C2.1 - Provide dimensions on the plan for length and width of parking space, drive aisles, setbacks to pavement and other structures. 4. Sheet C2.1 - Show all required sight triangles. 5. Sheet C2.1 - Depict by shading or crosshatching all required parking lot interior landscaped areas. 6. Address solid waste collection for the northern residential lot. If there is a trash room and a trash staging area, please show on Sheet C2.1. 7. Sheet C2.1 - Show the location of all landscape material. 8. Show the location of all onsite and offsite storm -water management facilities. 9. Show the location of all outdoor lighting fixtures. 10. Provide landscape plans providing the information in Section H on the application. For the southern hotel lot, you need to show what exists and what is proposed. Letter of Incompleteness - FLD2007 -04012 - 445 HAMDEN DR 0 , CITY OF CLARWATER f� o 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 April 06, 2007 11. Under the Termination of Status of Nonconformity requirements, the existing parking lots are to be brought into conformance with the landscaping requirements of the Code. If some requirements cannot be met, then a Comprehensive Landscape Program application must be submitted detailing what requirements are requested to be reduced or eliminated and how other areas are being enhanced beyond minimum Code requirements to off -set the deficit requested. 12. Provide building elevations (all four sides) of both buildings. An alternative would be to provide photographs of all four sides of both buildings. 13. Show the location of existing freestanding signage. 14. Please have Section M, Signature, of the application filled out. 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 Tuesday, April 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, Wa e Wells Planner III Letter of Incompleteness - FLD2007 -04012 - 445 HAMDEN DR • Wells, Wayne From: Wells, Wayne Sent: Friday, April 06, 2007 3:21 PM To: Doreen Williams (E -mail) Subject: FLD2007- 04012, 445 Hamden Drive Doreen - C, Attached is a Letter of Incompleteness for the above submitted application. The original letter will be sent to you through the mail. If you have any questions, feel free to contact me by phone or email. Wayne " letter of completeness 4.6.0, s r Fax .Cover Memo CITY OF CLEARWATER PLANNING DEPARTMENT 100 SOUTH MYRTLE AVENUE, 2ND FLOOR - CLEARWATER, FL 33756 (727) 562 -4567 FAX: (727) 562 -4865 TO: RtJ f— �N� ; DATE: I Z. 0 -7 FAX: Ma- 14 78 TELEPHONE: -7 2-7 - 2- -A -'0 9 I FROM: Wayne M. Wells TELEPHONE: (727) 562 -4504 SUBJECT: j a-," -\-�) s. MESSAGE: )A &IP�97D Or a4e - 4-�r F- t- 92,OO^7 - 0 4DlZ NUMBER OF SHEETS (INCLUDING THIS PAGE): 1 i CMCINAL CDB Meeting Date: June 19, 2007 Case Numbers: FLD2007 -04012 Agenda Item: DI ' Owner /Applicant: DiVello Land Trust, Fulvio DiVello Trustee Representative: Renee Ruggiero, Northside En in�f4 Services, Inc. Address: 445 Hamden Drive and 504 South Gulfview Boulevard CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: (1) Termination of Status of Nonconformity for density (existing 62- room hotel at 504 South Gulfview Boulevard to remain on the southern lot [Parcel B], where 44 rooms are permitted today), under the provisions of Section 6 -109; (2) Flexible Development approval to permit a Mixed Use of 31 attached dwellings at 445 Hamden Drive [Parcel A] and a 62- room hotel at 504 Gulfview Boulevard [Parcel B], with the following: • Parcel A (445 Hamden Drive) — a) reductions to the front (west along Hamden Drive) setback from 15 feet to five feet (to existing pavement) and to zero feet (to existing trash staging area); b) a reduction to the side (north) from 10 feet to three feet (to existing pavement); c) a reduction to the side (south) setback from 10 feet to zero feet (to patio deck); d) a reduction to the rear (east) setback from 20 feet to seven feet (to existing pavement); e) an increase to building height from 35 feet to 67 feet; f) a reduction to the required interior landscape area from 10 percent to 3.7 percent of the vehicular use area, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and • Parcel B (504 South Gulfview Boulevard) — a) a reduction to the front (west along Hamden Drive) setback from 15 feet to zero feet (to existing pavement); b) a reduction to the front (south along South Gulfview Boulevard) from 15 feet to 8.5 feet (to existing pavement); c) a reduction to the side (north) setback from 10 feet to zero feet (to existing patio deck); d) a reduction to the side (east) setback from 10 feet to 2.5 feet (to existing pavement); e) an increase to building height from 35 feet to 62 feet, Community Development Board — June 19, 2007 FLD2007 -04012 — Page 1 of 15 as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C; f) a reduction to the required interior landscape area from 10 percent to 2.6 percent of the vehicular use area, a reduction to the foundation planting width along the west and south sides of the hotel building on Parcel B from five feet to zero feet and to allow more than 10 parking spaces in a row without an intervening landscape island (three locations), as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and (3) Flexible Development approval to permit a multi -use dock in conjunction with the attached dwellings at 445 Hamden Drive [Parcel A] for eight of the existing slips and a commercial dock in conjunction with existing hotel at 504 South Gulfview Blvd. [Parcel B] for two of the existing slips (10 total existing slips), under the provisions of Section 3- 601.C.3. CURRENT ZONING: Tourist (T) District CURRENT FUTURE LAND Resort Facilities High (RFH) Category USE CATEGORY: BEACH BY DESIGN South Beach/Clearwater Pass CHARACTER DISTRICT: PROPERTY USE: Current Use: 31 attached dwellings and 62 -room hotel Proposed Use: Mixed Use of 31 attached dwellings at 445 Hamden Drive [Parcel A] and a 62 -room hotel at 504 Gulfview Boulevard [Parcel B]. EXISTING North: Tourist (T) District Overnight accommodations SURROUNDING ZONING South: Tourist (T) District Overnight accommodations AND USES: East: Tourist (T) District Attached dwellings West: Tourist (T) District Overnight accommodations ANALYSIS: Site Location and Existing Conditions: The 1.789 acres is located at the northeast corner of Hamden Drive and South Gulfview Boulevard. The site is basically rectangular and is currently developed with a 31 -unit attached dwelling building (northern building) and a 62 -room hotel building (southern building). The following summarizes this property's recent past: 1. On August 17, 2004, the CDB approved Case No. FLD2004 -04023 for the Termination of Status of Nonconformity for density within the Tourist District to permit the relocation of five overnight accommodation units from the southern building (Building A) to the northern building (Building B) and the conversion of five overnight accommodation units in the southern building (Building A) to accessory storage and hotel office usage. Community Development Board — June 19, 2007 FLD2007 -04012 — Page 2 of 15 0 1 .0 2. In May or June 2005, a storm (hurricane) did damage to both existing overnight accommodation buildings on -site, with the northern building receiving the greater damage. 3. A building permit (BCP2005- 06826) to repair the top five floors due to hurricane damage was submitted on June 22, 2005, and was issued on July 19, 2005, for the northern existing overnight accommodation building (issued for a hotel building). 4. On August 16, 2005, the CDB approved Case No. FLD2005 -05051 for (1) Termination of Status of Nonconformity for density (111 overnight accommodation units existing to be converted to 83 dwelling units, where 53 dwelling units are permitted today); and (2) Flexible Development approval to permit 83 attached dwellings. This project entailed retaining the northern building with its conversion to 31 attached dwellings, the demolition of the southern building and the construction of a new southern building with 52 attached dwellings. The approval included the following 14 conditions: a. That the final design and color of the buildings be consistent with the conceptual elevations submitted to, or as modified by, the CDB; b. That a Unity of Title be recorded in the public records prior to the issuance of any permits; C. That, prior to the issuance of the building permit for the new, southern building, building plans be revised to indicate the height of the elevator and stair towers a maximum of 16 feet above the roof deck; d. That, prior to the issuance of any permits, cross sections of the stormwater treatment pond and revised drainage calculations demonstrating compliance with City Design Criteria be submitted, acceptable to the Engineering Department, and include the SWFWMD permit; e. That boats moored at the existing dock, lifts and/or slips be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub - leased separately from the condominiums; f. That hedges and other landscaping (not including trees) on the northern portion of the site be maintained to a maximum height of three feet to provide continued views of the water by adjacent property owners and tenants /guests. Landscape materials along the north and east sides of the property shall be of a type that minimizes insect and maintenance debris impacts on the neighbor to the north. Landscape plans shall show compliance with these requirements prior to the issuance of building permits for the relocated units /rooms in the northern building (Building B); g. That revised site and landscape plans be submitted showing all landscaped areas protected from vehicular traffic by curbing and wheel stops, including the existing northern parking area, prior to the issuance of any permits; h. That the landscape plan be revised prior to the issuance of any permits to indicate landscaping of that area at the intersection between the rights -of -way lines and the main sidewalk from the new southern building; i. That future signage meet the requirements of the Code and any freestanding sign be a monument -style sign a maximum four feet in height, designed to match the exterior materials and colors of the building. Prior to the issuance of the first Certificate of Occupancy in the northern building, existing signage must be brought into compliance with current Code requirements; j. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; k. That all proposed utilities (from the right -of -way to the proposed buildings) be placed Community Development Board — June 19, 2007 FLD2007 -04012 — Page 3 of 15 • 0 underground; 1. That a condominium plat be recorded prior to the issuance of the first Certificate of Occupancy; m. That all Parks and Recreation fees be paid prior to the issuance of any permits; and n. That all Fire Department requirements be met prior to the issuance of any permits. 5. On July 25, 2006, a request was submitted to the Planning Director for a time extension to ,submit for a building permit under the approval of FLD2005- 05051. The Time Extension Development Order, dated August 21, 2006, granted a six -month time extension to February 16, 2007, based on the current use of the property being an overnight accommodation use and that there has been no building permit request or issuance to convert the use of the property to attached dwellings. Building_Permit #BCP2005- 06826, applied for on June 22, 2005, and issued on July 19, 2005, was for the interior repair of the top five floors due to hurricane damage for the existing overnight accommodation use and predated the approval of FLD2005 -05051 to convert the use of the property to attached dwellings. It was noted that a conflict would occur with CDB approvals for a request to convert the northern building to attached dwellings while the southern building still operates as an overnight accommodation use (i.e.: mixed use). 6. On January 16, 2007, the CDB granted a one -year time extension for FLD2005 -05051 to February 16, 2008, to submit a building permit to construct the site improvements. Construction proceeded under BCP2005 -06826 with no request to change the use under the building permit from overnight accommodations to attached dwellings. The owners desired a Certificate of Occupancy for the northern building under BCP2005 -06826 to occupy the building as 31 attached dwellings. With assistance from the City Attorney's office, the owner recorded a Declaration of Restrictions on February 22, 2007, in OR Book 15648, Pages 809 — 818, to allow the issuance of Certificates of Occupancy as attached dwellings, with the assurances the owner would file the subject Flexible Development application to formally have a mixed use approved on the property and deal with issues of the mixed use, including density and parking. Properties to the north, west and south are currently developed with overnight accommodation uses. The property to the east along South Gulfview Boulevard is developed with a 55 -unit, eight -story attached dwelling building. Development Proposal: The development proposal for this property is for mixed use of 31 attached dwellings in the northern building/lot and a 62 -room hotel in the southern building/lot. This proposal reflects the resultant effect of the downturn of the condominium market on the redevelopment of the overall site and the financial constraints of the owner. This is not the ideal situation anticipated through prior approvals, but rather reflects existing conditions. This redevelopment proposal is a hybrid between what was intended for the property of attached dwellings in the northern building through the 2005 Flexible Development approval and the existing hotel on the property in the southern building. An important factor in this case is the ability to retain an overnight accommodation use on the beach where many hotels /motels have been lost to condominium (attached dwelling) construction. Mixed use, however, is not a use provided for in the Tourist (T) District, and is the reason such request must be processed as a Comprehensive Infill Redevelopment Project.. The 31 attached dwellings in the northern building is a result of the approval under FLD2005 -05051 and the remodeling of the prior hotel use in this building through the combination of rooms to create dwelling units of marketable size. Seven attached dwellings were created on the first living level above the ground -level parking garage, while six dwelling units were created on the second through fifth living levels. The northern attached dwelling building is 67 feet tall (to the flat roof deck). Community Development Board — June 19, 2007 FLD2007 -04012 — Page 4 of 15 0 0 The southern building contains 62 hotel rooms on five levels. All business tenant units on the west side of the ground floor of the southern hotel building have been discontinued or have been converted to accessory storage for the hotel. A total of 125 parking spaces are proposed on -site (see further discussion below under Minimum Off - Street Parking). The overall property will have two lots. Condominium regulations require the attached dwelling condominium building to be on its own lot separate from the hotel. Since the overall property is numerous platted lots, the common lot line between the attached dwelling lot and the hotel lot follows a platted lot line. A Declaration of Unity of Title (for condominium) will be required for the attached dwelling lot, as well as a Declaration of Unity of Title for the hotel lot. These Declaration of Unity of Titles will be required to be recorded in the public records within 30 days of the CDB approval of this application. The existing northern building was originally clad with vinyl siding but was resurfaced with a stucco finish, painted white with blue accents. The southern hotel building was also clad with gray vinyl siding. The siding has been removed for safety purposes from the south side of the southern hotel building due to storm damage, showing the existing rock finish. It is the owner's intention to resurface the south side of the hotel building with gray vinyl siding to match the rest of the building. Lighting on the northern portion of the attached dwelling lot is currently in disrepair but also intrudes onto the property to the north. Lighting on this northern area should be brought into compliance with Code requirements and angled or shielded to eliminate the negative light intrusion on the adjacent property. A 10 -slip dock was previously constructed for the hotel and is located on the east side of the northern attached dwelling building. The owner has been renting these slips, which is not in compliance with Code prohibitions to such rental. The application indicates these boats will be removed with the approval of this case. This Flexible Development application has been advertised to include approval to permit a multi -use dock in conjunction with the attached dwellings at 445 Hamden Drive [Parcel A] for eight of the existing slips and a commercial dock in conjunction with existing hotel at 504 South Gulfview Blvd. [Parcel B] for two of the existing slips (10 total existing slips). No construction of any docks or additional slips is part of this application. This dock portion of the application reflects the change of use to the northern building for attached dwellings and the desired dual usage of these slips by both the attached dwellings and the hotel. Since the original building permit was issued as a remodeling of the existing northern hotel building due to storm damage, no Parks and Recreation Impact Fees were assessed. During discussions with the owner's attorney and Staff's attempt to assist the owner under his dire circumstances regarding the use of the northern building, the issuance of Certificates of Occupancies as attached dwellings failed to assess these Parks and Recreation Impact Fees. The ordinances for these fees have been in effect since 1983 and have been uniformly applied since their adoption. These fees cannot be overlooked or waived. The total fee is $227,442.78 ($68,724.03 open space; $154,968.75 recreation land; $3,750.00 recreation facility). Any approval of this application will require payment of this, $227,442.78 fee by October 30, 2007 (end of business day). If not paid by this date, the fees could change, as the fees would be recalculated using the 2007 tax value. Density: The approval granted under FLD2005 -05051 included the termination of nonconforming hotel density (111 overnight accommodation units existing) and the conversion to 83 dwelling units (where 53 dwelling units are permitted based on 30 dwelling units per acre). Pursuant to the Countywide Future Land Use Plan, the maximum density for properties with a designation of Resort Facilities High is 30 Community Development Board — June 1.9, 2007 FLD2007 -04012 — Page 5 of 15 dwelling units per acre (attached dwellings) and 50 rooms per acre (overnight accommodation uses). Since the Code has been amended to preclude the termination of nonconforming density and converting it to a different use (such as overnight accommodation units to attached dwellings), this proposal must meet these new rules. As such, the density restrictions for the northern lot (attached dwellings) produce a maximum of 26 dwelling units.. However, there have been 31 dwelling units constructed in the northern building through the approvals granted under FLD2005- 05051. Through the discussions with the owner's attorney and engineer, the Planning Department finds it acceptable to leave the 31 dwelling units in the northern building, even though it is five dwelling units greater than would be currently allowed, so long as there is a commensurate reduction of five dwelling units for the southern hotel lot should it ever be desired to be redeveloped for attached dwellings or other residential use. Any approval of this request should include such a restriction for the southern hotel lot. The proposal also includes a termination of status of nonconformity for density for the hotel lot (see discussion below). Termination of Status of Nonconformity: The development proposal includes a request for Termination of Status of Nonconformity for density to permit the existing 62 -room hotel at 504 South Gulfview Boulevard to remain on the southern hotel lot [Parcel B], where 44 rooms are permitted today. An important factor in this case is the ability to retain the overnight accommodation use on the beach where many hotels /motels have been lost to condominium (attached dwelling) construction. The criteria for Termination of Status of Nonconformity, as per Section 6 -109 of the Community Development Code and outlined in the table below, including compliance with perimeter buffer requirements, the provision of required landscaping for off - street parking lots and bringing nonconforming signs, lighting and accessory uses /structures into compliance with the Code will be met with this development proposal. The discussion of these criteria will be addressed under the appropriate sections of this Staff Report. , Consistent I Inconsistent 1. Perimeter buffers conforming to the requirements of Section 3- 1202.13 of the N/A Community Development Code shall be installed. 2. Off - street parking lots shall be improved to meet the landscaping standards established X1 in Section 3- 1202.E of the Community Development Code. 3. Any nonconforming sign, outdoor lighting or other accessory structure or accessory X use located on the lot shall be terminated, removed or brought into conformity with this development code. 4. The comprehensive landscaping and comprehensive sign programs may be used to X satisfy the requirements of this section. I See discussion under Landscaping Impervious Surface Ratio (I.S.R.): Pursuant to Section 2 -801.1 of the Community Development Code, the maximum allowable I.S.R. is 0.95. The attached dwelling lot proposed I.S.R. is 0.87 and the hotel lot proposed I.S.R. is 0.94 (overall of 0.90 I.S.R.), which is consistent with the Code provisions. Minimum Setbacks: Pursuant to Table 2 -803 of the Community Development Code, the minimum front setback for attached dwellings and overnight accommodation uses can range between 0 — 15 feet, the minimum side setback can range between 0 — 10 feet and the minimum rear setback can range between 10 — 20 feet (0 — 20 feet for overnight accommodation uses). The proposal includes setback reductions for the attached dwellings lot (445 Hamden Drive, Parcel A) to the front (west along Hamden Drive) setback from 15 feet to five feet (to existing pavement) and to zero feet (to existing trash staging area), a reduction to the side (north) from 10 feet to three feet (to existing pavement), a reduction to the side (south) setback from 10 feet to zero feet (to patio deck) and a reduction to the rear (east) setback from 20 feet to seven feet (to existing pavement). The proposal includes setback reductions for the hotel lot (504 South Gulfview Boulevard, Parcel B) to the front (west along Hamden Drive) setback from 15 feet to Community Development Board — June 19, 2007 FLD2007 -04012 —Page 6 of 15 zero feet (to existing pavement), a reduction to the front (south along South Gulfview Boulevard) from 15 feet to 8.5 feet (to existing pavement), a reduction to the side (north) setback from 10 feet to zero feet (to existing patio deck) and a reduction to the side (east) setback from 10 feet to 2.5 feet (to existing pavement). The setback reductions included with this proposal reflects the existing conditions of the site. There were improvements made to the northern attached dwellings lot with some of the remodeling construction and reflects the approvals under FLD2005- 05051. The setback reductions for the southern hotel lot are to existing structures. Side setback reductions to the existing patio deck are due to the location of the common lot line running through the patio deck that will serve both the attached dwelling lot and the hotel lot. Again, these are not ideal circumstances but reflect existing conditions of the site. Setbacks cannot be increased due to the Code dimensional requirements for parking lots. The northern attached dwelling building has a refuse collection room on the ground floor parking level. Dumpsters will be rolled out to the staging area on collection days. The location of the trash staging area at a zero setback from the west property line adjacent to Hamden Drive is necessary to eliminate the necessity of the trash truck coming on -site and is common with many newer developments. Proposed setbacks are consistent with existing setbacks for other existing developments in close proximity. Maximum Building_ Height: Pursuant to Table 2 -803 of the Community Development Code, the maximum allowable height for attached dwellings and overnight accommodations can range between 35 — 100 feet. The attached dwelling building exists at a height of 67 feet (to roof deck) and the hotel building exists at a height of 62 feet (to roof deck). These existing heights are consistent with the Tourist District and the South Beach/Clearwater Pass District of Beach by Design. These existing heights are also compatible with the height of buildings constructed, under construction or approved within the surrounding area. The attached dwelling building at 530 South Gulfview Boulevard (adjacent to the east) was approved/constructed at a height of 93 feet. The existing overnight accommodation building at 521 South Gulfview Boulevard has two towers at a height of 74 and 58 feet. A proposed attached dwelling building directly south at 521 South Gulfview Boulevard has been approved at a height of 128 feet. These existing heights for this application are also compatible with the two. existing attached dwelling buildings at 440 and 450 South Gulfview Boulevard that are 157 feet in height. Minimum Off - Street Parkiniz: The site has one existing driveway on Hamden Drive for the attached dwelling building and two existing driveways for the hotel building, one on Hamden Drive and one on South Gulfview Boulevard. These driveways will be retained in their present locations. The sidewalks along the site frontages of Hamden Drive and South Gulfview Boulevard have been reconstructed as part of the City's Beach Walk project. Pursuant to Table 2 -803 of the Community Development Code, the minimum required parking for attached dwellings is two spaces per dwelling unit and required parking for overnight accommodations is one space per room. Based on 31 dwelling units (62 required spaces) and 62 hotel rooms (62 required spaces), a minimum of 124 total parking spaces is required for this development. A total of 125 spaces are proposed. Handicap parking at the hotel is being upgraded to meet minimum requirements, including an accessible path to the sidewalk in Hamden Drive. Not all of the required parking spaces for the hotel are on the hotel lot, but some are on the attached dwelling lot. A cross parking agreement or easement between the two lots /owners will need to be recorded in the public records. Sight Visibility Triangles: Pursuant to Section 3 -904.A of the Community Development Code, to minimize hazards at street or driveway intersections, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20 -foot sight visibility triangles. The applicant is relocating the dumpster enclosure for the hotel outside the Community Development :Board — June 19, 2007 FLD2007 -04012 — Page 7 of 15 visibility triangle for that hotel driveway on Hamden Drive. The existing nonconforming freestanding sign at the intersection of Hamden Drive and South Gulfview Boulevard is located within the visibility triangle. With the requirement to bring nonconforming signage into compliance, any new freestanding sign cannot be located within any visibility triangle.. Proposed landscaping must also respect the visibility triangle requirements through proper planting and maintenance. Landscaping: The proposal includes a reduction to the required interior landscape area from 10 percent to 3.7 percent of the vehicular use area for the northern attached dwelling lot (Parcel A). The proposal also includes a reduction to the required interior landscape area from 10 percent to 2.6 percent of the vehicular use area, a. reduction to the foundation planting width along the west and south sides of the hotel building from five feet to zero feet and to allow more than 10 parking spaces in a row without an intervening landscape island (three locations) for the southern hotel lot (Parcel-B). Pursuant to Section 3- 1202.D of the Community Development Code, there are no perimeter buffers required in the Tourist District for this site. However, the applicant has already landscaped the northern attached dwelling lot, including along Hamden Drive, and proposes to landscape the area along the west side along South Gulfview Boulevard and the east side of the southern hotel lot. Because both the northern attached dwelling lot (Parcel A) and the southern hotel lot (Parcel B) have more than 4,000 square feet of paved vehicular use area outside of the building footprint, each lot is required to provide 10 percent of the vehicular use area in interior landscaping (Section 3- 1202.E.1). Due to site constraints primarily related to existing conditions and required parking, the required interior landscape area cannot be placed on either lot. Pursuant to Section 3- 1202.E.2 and the Termination of Status of Nonconformity criteria for the southern hotel lot, a foundation landscape area of a minimum five -foot width is required along the west and south sides of the hotel building. The proposal includes a request to eliminate the required foundation landscaping for the hotel lot along the west and south sides of the building. The inability to provide foundation landscaping is due to a required vehicular drive aisle on the south side of the building and the existing parking lot and sidewalk access on the west side of the building. Staff would much rather retain and enhance the 8.5 -foot landscape area along South Gulfview Boulevard for the betterment of the site in lieu of the foundation landscaping on the south side. The dimensional requirements for parking lots make it impossible to provide the foundation landscaping on the west side. Pursuant to Section 3- 1202.E.1, interior landscape islands are required to be provided so that no more than 10 parking spaces are in a row. The two parking rows on the west side of the hotel have 11 parking spaces in a row, while there are 19 parking spaces in a row along the east side of the hotel lot. Due to required parking requirements, compliance with this requirement for intervening landscape islands in these three locations is not possible. The landscape plan for the southern hotel lot includes the planting of tiered landscape materials along South Gulfview Boulevard of viburnum, gold mound duranta and philodendron. This landscape area will be enhanced with date palms and glossy privet ligustrum trees. The area around the dumpster enclosure on Hamden Drive will also be enhanced with new landscaping, including yew pine podocarpus, viburnam, philodendron and variegated flax lily groundcover. Two glossy privet ligustrum trees will also be planted. The existence of overhead utility lines along Hamden Drive restricts the planting of trees along this area to accent trees. The area along the east property line will be planted with a viburnam hedge. The plan indicates silver buttonwood trees to also be planted within this eastern landscape area, however, these trees are subject to die back from freezing and should be replaced with clusters of palm trees. The landscape plan will need to be amended to reflect this change prior to the issuance of the site improvement permit. Community Development Board — June 19, 2007 FLD2007 -04012 —Page 8 of 15 0 0 Comprehensive Landscape Program: Pursuant to Section 3- 1202.G of the Community Development Code, the landscaping requirements contained within the Code can be waived or modified if the application contains a Comprehensive Landscape Program satisfying certain criteria. The following table depicts the consistency of the development proposal with those criteria: Consistent I Inconsistent 1. Architectural theme: a. The landscaping in a comprehensive landscape program shall be designed as a N/A N/A part of the architectural theme of the principle buildings proposed or developed on the parcel proposed for development; or b. The design, character, location and/or materials of the landscape treatment X 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. 2. Lighting: Any lighting proposed as a part of a comprehensive landscape program is N/A N/A automatically controlled so that the lighting is turned off when the business is closed. 3. Community character: The landscape treatment proposed in the comprehensive X landscape program will enhance the community character of the City of Clearwater. 4. Property values: The landscape treatment proposed in the comprehensive landscape X program will have a beneficial impact, on the value of property in the immediate vicinity of the parcel proposed for development. 5. Special area or scenic corridor plan: The landscape treatment proposed in the N/A N/A 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 proposed for development is located. As expressed above, the proposed Comprehensive Landscape Program has been found to be consistent with all applicable criteria, as discussed above. Solid Waste: The trash chute serves the attached dwellings on the northern lot, with a trash room on the ground floor. Dumpsters are wheeled out to a staging area on Hamden Drive on trash collection days. The existing hotel is served by an existing dumpster adjacent to the hotel driveway on Hamden Drive. The proposal includes reconstructing the dumpster enclosure to meet City requirements, relocating it outside of the sight visibility triangle. The proposal has been found to be acceptable by the City's Solid Waste Department. Signag_e: There exists one freestanding sign in front of the attached dwelling building at 445 Hamden Drive approximately four -to -five feet in height. There is a freestanding sign for the hotel .building located on South Gulfview Boulevard at the intersection with Hamden Drive approximately 10 feet in height. Code requirements for freestanding signs in the Tourist District permit only monument signs at a maximum height of four feet (Section 3- 1806.B.2). Under the Comprehensive Sign Program the maximum sign height in the Tourist District may be six feet (Section 3- 1807.C.2). At least the hotel sign is nonconforming to current Code requirements. Section 6 -104.A requires nonconforming signs to be brought into compliance with Code provisions when a building permit is required for the redevelopment of a principal use /structure. Since building permits were required for the remodeling of the northern building, signage for the overall site must be brought into compliance. Bringing signage into compliance with current Code requirements was required under both Case Nos. FLD2004 -04023 and FLD2005- 05051. Signage must still be brought into compliance with Code provisions for this now mixed use, most likely through the Comprehensive Sign Program provisions. The approval of this request should be conditioned on such compliance within a reasonable time frame, given the present circumstances. Community Development Board — June 19, 2007 FLD2007 -04012 —Page 9 of 15 0 0 Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards as per Tables 2 -801.1 and 2 -803 of the Community Development Code: 1 See Analysis above. Community Development Board — June 19, 2007 FLD2007 -04012 —Page 10 of 15 Standard Proposed Consistent Inconsistent I.S.R. 0.95 Northern attached dwelling X lot: 0.94 Southern hotel lot: 0.87 X Density Attached dwellings: 30 dwelling units 31 dwelling units X' per acre (max. = 26 dwelling units) Overnight accommodations: 50 62 rooms rooms per acre max. = 44 rooms Setbacks Front: 0 — 15 feet West: Attached dwellings: X' 5 feet (to existing pavement); zero feet (to existing trash staging area) Overnight accom.: zero feet (to existing pavement) South: 8.5 feet (to existing X1 pavement) Side: 0 — 10 feet North: three feet (to X] existing pavement); zero feet (to existing patio deck) South: zero feet (to patio deck) East: 2.5 feet (to existing pavement) Rear: Attached dwellings: 10 — 20 East: seven feet (to X' feet existing pavement) Overnight accommodations: North: zero feet (to existing 0 — 20 feet pool deck Height 35 — 100 feet Attached dwellings: 67 feet X1 (to roof deck) Overnight accommodations: 62 feet to roof deck Off - Street Attached dwellings — Two spaces per 125 parking spaces X' Parking unit; Overnight accommodations — one space per room 124 spaces) 1 See Analysis above. Community Development Board — June 19, 2007 FLD2007 -04012 —Page 10 of 15 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per Section 2 -803.0 of the Community Development Code (Comprehensive Infill Redevelopment Project): Consistent I Inconsistent 1. The development or redevelopment is otherwise impractical without deviations from X the use and/or development standards set forth in this zoning district. 2. The development or redevelopment will be consistent with the goals and policies of X the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. 3. The development or redevelopment will not impede the normal and orderly X development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed X development 5. The proposed use shall otherwise be permitted by the underlying future land use X category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and /or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off - street X parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ❑ Changes in horizontal building planes; ❑ Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ❑ Variety in materials, colors and textures; ❑ Distinctive fenestration patterns; ❑ Building stepbacks; and ❑ Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Community Development Board — June 19, 2007 FLD2007 -04012 — Page 11 of 15 0 0 COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per Section 3 -913 of the Community Development Code: SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of May 3, 2007, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: 1. The subject 1.789 acres is located at the northeast corner of Hamden Drive and South Gulfview Boulevard; 2. In May or June 2005, a storm (hurricane) did damage to both existing overnight accommodation buildings on -site, with the northern building receiving the greater damage; 3. A building permit (BCP2005- 06826) to repair the top five floors due to hurricane damage was submitted on June 22, 2005, and was issued on July 19, 2005, for the northern existing overnight accommodation building (issued for a hotel building); 4. On August 16, 2005, the CDB approved Case .No. FLD2005 -05051 for (1) Termination of Status of Nonconformity for density (I 11 overnight accommodation units existing to be converted to 83 dwelling units, where 53 dwelling units are permitted today); and (2) Flexible Development approval to permit 83 attached dwellings. This project entailed retaining of the northern building with its conversion to 31 attached dwellings, the demolition of the southern building and the construction of a new southern building with 52 attached dwellings; 5. Construction proceeded under BCP2005 -06826 with no request to change the use under the building permit from overnight accommodations to attached dwellings; 6. The site is currently developed with a 31 -unit attached dwelling building (northern building) and a 62 -room hotel building (southern building); 7. The development proposal for this property is for mixed use of 31 attached dwellings in the northern building/lot and a 62 -room hotel in the southern building /lot; 8. This redevelopment proposal is a hybrid between what was intended for the property of attached dwellings in the northern building through the 2005 Flexible Development approval and the existing hotel on the property in the southern building; 9. The proposal represents the ability to retain an overnight accommodation use on the beach where many hotels /motels have been lost to condominium (attached dwelling) construction; Community Development Board — June 19, 2007 FLD2007 -04012 — Page 12 of 15 Consistent Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X 5. The proposed development is consistent with the community character of the X immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including X visual, acoustic and olfactory and hours of operation impacts on adjacent properties. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of May 3, 2007, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: 1. The subject 1.789 acres is located at the northeast corner of Hamden Drive and South Gulfview Boulevard; 2. In May or June 2005, a storm (hurricane) did damage to both existing overnight accommodation buildings on -site, with the northern building receiving the greater damage; 3. A building permit (BCP2005- 06826) to repair the top five floors due to hurricane damage was submitted on June 22, 2005, and was issued on July 19, 2005, for the northern existing overnight accommodation building (issued for a hotel building); 4. On August 16, 2005, the CDB approved Case .No. FLD2005 -05051 for (1) Termination of Status of Nonconformity for density (I 11 overnight accommodation units existing to be converted to 83 dwelling units, where 53 dwelling units are permitted today); and (2) Flexible Development approval to permit 83 attached dwellings. This project entailed retaining of the northern building with its conversion to 31 attached dwellings, the demolition of the southern building and the construction of a new southern building with 52 attached dwellings; 5. Construction proceeded under BCP2005 -06826 with no request to change the use under the building permit from overnight accommodations to attached dwellings; 6. The site is currently developed with a 31 -unit attached dwelling building (northern building) and a 62 -room hotel building (southern building); 7. The development proposal for this property is for mixed use of 31 attached dwellings in the northern building/lot and a 62 -room hotel in the southern building /lot; 8. This redevelopment proposal is a hybrid between what was intended for the property of attached dwellings in the northern building through the 2005 Flexible Development approval and the existing hotel on the property in the southern building; 9. The proposal represents the ability to retain an overnight accommodation use on the beach where many hotels /motels have been lost to condominium (attached dwelling) construction; Community Development Board — June 19, 2007 FLD2007 -04012 — Page 12 of 15 10. The Code has been amended to preclude the termination of nonconforming density and converting it to a different use (such as overnight accommodation units to attached dwellings), requiring this proposal to meet these new rules; 11. The maximum density for the northern lot (attached dwellings) is 26 dwelling units. However, 31 dwelling units were constructed in the northern building through the approvals granted under FLD2005- 05051; 12. The Planning Department finds it acceptable to leave the 31 dwelling units in the northern building, even though it is five dwelling units greater than currently allowed, so long as there is a commensurate reduction of five dwelling units for the southern lot should it ever be desired to be redeveloped for attached dwellings or other residential use; 13. The development proposal includes a request for termination of status of nonconformity to permit the existing 62- room hotel at 504 South Gulfview Boulevard to remain on the southern lot (Parcel B), where 44 rooms are permitted today; 14. Setback reductions reflect existing conditions, which are less than Code requirements, but are still consistent with existing setbacks for other projects in close proximity; 15. Building heights of 67 feet for the attached dwelling building and 62 feet for the overnight accommodation building reflect existing conditions, which are consistent and compatible with the height of buildings constructed, under construction or approved within the surrounding area; 16. A total of 125 parking spaces are proposed, where 124 spaces are required. Handicap parking improvements for the hotel lot are included in the proposal; 17. The proposal includes reductions to the required interior landscape area for both the attached dwelling lot and the hotel lot, a reduction to eliminate the foundation planting width along the west and south sides of the hotel building and to allow more than 10 parking spaces in a row without an intervening landscape island (three locations) on the hotel lot. These reductions reflect existing site constraints due primarily to the amount of required parking and the Code dimensional requirements for parking lots; 18. Existing signage of the overall site is nonconforming and must be brought into compliance with current Code requirements. Most likely the Comprehensive Sign Program will be utilized to provide signage for this overall site; 19. Parks and Recreation Impact Fees were not assessed previously for the remodeling of the northern attached dwelling building and must be assessed and paid with this application. 20. That there are no active Code Enforcement cases for this property. Conclusions of Law: 1. That the development proposal is generally consistent with the Standards as per Tables 2 -801.1 and 2 -803 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2 -803.0 of the Community Development Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3 -913 of the Community Development Code; and 4. That the development proposal is consistent with the Comprehensive Landscape Program criteria as per Section 3- 1202.G of the Community Development Code. Based upon the above, the Planning Department recommends APPROVAL of the: (1) Termination of Status of Nonconformity for density (existing 62- room hotel at 504 South Gulfview Boulevard to remain on the southern lot [Parcel B], where 44 rooms are permitted today), under the provisions of Section 6 -109; (2) Flexible Development approval to permit a Mixed Use of 31 attached dwellings at 445 Hamden Drive [Parcel A] and a 62 -room hotel at 504 Gulfview Boulevard [Parcel B], with the following: Community Development Board — June 1.9, 2007 FLD2007 -04012 — Page 13 of 15 • Parcel A (445 Hamden Drive) — g) reductions to the front (west along Hamden Drive) setback from 15 feet to.five feet (to existing pavement) and to zero feet (to existing trash staging area); h) a reduction to the side (north) from 10 feet to three feet (to existing pavement); i) a reduction to the side (south) setback from 10 feet to zero feet (to patio deck); j) a reduction to the rear (east) setback from 20 feet to seven feet (to existing pavement); k) an increase to building height from 35 feet to 67 feet; 1) a reduction to the required interior landscape area from 10 percent to 3.7 percent of the vehicular use area, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and • Parcel B (504 South Gulfview Boulevard) — g) a reduction to the front (west along Hamden Drive) setback from 15 feet to zero feet (to existing pavement); h) a reduction to the front (south along South Gulfview Boulevard) from 15 feet to 8.5 feet (to existing pavement); i) a reduction to the side (north) setback from 10 feet to zero feet (to existing patio deck); j) a reduction to the side (east) setback from 10 feet to 2.5 feet (to existing pavement); k) an increase to building height from 35 feet to 62 feet, as a Comprehensive Infll Redevelopment Project, under the provisions of Section 2- 803.C; 1) a reduction to the required interior landscape area from 10 percent to 2.6 percent of the vehicular use area, a reduction to the foundation planting width along the west and south sides of the hotel building on Parcel B from five feet to zero feet and to allow more than 10 parking spaces in a row without an intervening landscape island (three locations), as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and (3) Flexible Development approval to permit a multi -use dock in conjunction with the attached dwellings at 445 Hamden Drive [Parcel A] for eight of the existing slips and a commercial dock in conjunction with existing hotel at 504 South Gulfview Blvd. [Parcel B] for two of the existing slips (10 total existing slips), under the provisions of Section 3- 601.C.3, with the following conditions: Conditions of Approval: 1. That the final design and color of the hotel building be consistent with the owner's intent as included in the application materials, or as modified by the CDB; 2. That Declaration of Unity of Title documents each for.the hotel lot and the attached dwelling lot be recorded in the public records by July 19, 2007; 3. That any future change of use to attached dwellings or other residential uses for the southern hotel lot (Parcel B) be developed with five (5) less dwelling units (or residential equivalent) than permitted under maximum density regulations. Such use /density restriction shall be recorded as a Deed Restriction, enforceable by the City, or other legal instrument acceptable to the City Attorney by July 19, 2007; 4. That there be a minimum 30 -day length of stay by the unit owner or rental /lease tenant in any dwelling in the northern building; 5. That cross access, parking, drainage and pool access between the two lots /owners be recorded in the public records by October 19, 2007; 6. That the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, license and the City's Business Tax Receipt be amended to reflect a maximum of 62 rooms for the hotel (504 South Gulfview Boulevard) by July 19, 2007; 7. That there be no business tenant spaces on the west side of the hotel building; 8. That a building permit be submitted by December 31, 2007, to resurface at least the south side of the hotel building with gray vinyl siding to match the rest of the building; Community Development Board — June 19, 2007 FLD2007 -04012 — Page 14 of 15 0 * 9. That a building permit be submitted by October 19, 2007, to construct the site and landscape improvements, with the landscape plan for the hotel lot amended to replace the silver buttonwood trees with clusters of palm trees along the east property line; 10. That existing freestanding and attached signage for both the attached dwelling lot and the hotel lot be brought into compliance with Code requirements. Applications for sign permits or a Comprehensive Sign Program must be submitted by October 19, 2007. Freestanding signage shall be monument - style, designed to match the exterior materials and color of the building; 11. That lighting on the northern area of the attached dwelling lot be brought up to Code requirements and angled or shielded to eliminate negative light intrusion on the adjacent property; 12. That hedges and other landscaping (not including trees) on the northern portion of the site and along the northern 100 feet along the water of the attached dwelling lot (Parcel A) be maintained to a maximum height of three feet to provide continued views of the water by adjacent property owners and their tenants /guests. Landscape materials along the north and east sides of the property shall be of a type that minimizes insect and maintenance debris impacts on the neighbor to the north; 13. That use of the southern two slips at the existing docks be for exclusive use for the mooring of boats by guests of the hotel at 504 South Gulfview Boulevard and are not permitted to be rented, leased or sold separately from use by guests of the hotel; 14. That boats moored at the existing dock, lifts and/or slips for the northern eight slips be for the exclusive use by the residents and/or guests of the attached dwelling condominiums at 445 Hamden Drive and not be permitted to be sub - leased, rented or sold separately from the attached dwelling condominiums; 15. That no liveaboards be allowed in any of the slips at the existing dock; and 16. That all Parks and Recreation fees, totaling $227,442.78, for the northern attached dwelling building be paid no later than October 30, 2007. If not paid by this date, the fees could change, as the fees would be recalculated using the 2007 tax value. Prepared by Planning Department Staff. Wayne . Wells, AICP, Planner III ATTACHMENTS: • Location Map • Aerial Map • Zoning Map ❑ Existing Surrounding Uses Map ❑ Photographs of Site and Vicinity S: IPlanning DepartmentlC D MFLEX (FLD)Wending cases) Up for the next CDMHamden.0445 Sea Stone Resort (T) - 619.07 CDB - WWIHamden 445 Staff Report. doc Community Development Board — June 19, 2007 FLD2007 -04012 — Page 15 of 15 Page 1 of 2 Wells, Wayne From: Kent Runnells [kbrlaw @tampabay.rr.com] Sent: Wednesday, August 01, 2007 9:21 PM To: Wells, Wayne Subject: RE: 445 Hamden unity of title wayne: thanks. as to the timing, i am talking a couple weeks, tops. i got subpoenaed to go to hawaii and am leaving at 7am thursday, gone most of next week. i will try to take care of these matters long distance next week, though. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727- 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Wayne.Wells @myClearwater.com [ma ilto : Wayne. WelIs @myClearwater.com] Sent: Wednesday, August 01, 2007 6:29 PM To: kbrlaw @tampabay.rr.com Cc: michael.delk @MyClearwater.com Subject: RE: 445 Hamden unity of title Kent - As to the land area, there is an unplatted area to the east of Lots 9 -11 that is part of the property. I am faxing to you the legal description of the overall parcel with that portion in question circled that needs to be corrected in the Unity of Title legal description. As to giving some leeway on the timing on these conditions of approval, I can deal with some "breathing room" so long as it doesn't go too long. I understand there has been a sale of the property, but the approval and its conditions run with the land. My concern is that I don't want to have to hold the property owner's hand to obtain compliance with all of the conditions of approval. The owner has bought property that has some items that need to be addressed, within the time frames set out in the Development Order. We just need to get them accomplished so we all can move on to other projects. Keep me in the loop as to timing issues. Thanks. Wayne - - - -- Original Message---- - From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Wednesday, August 01, 2007 5:10 PM To: Wells, Wayne Cc: jazcdl5 @aol.com Subject: 445 hamnden unity of title wayne. i am in the process of drafting a new covenant restricting the hotel site to 21 8/2/2007 Page 2 of .2 condo units and will forward same to you within the next few days. as far as the unity of title legal descriptions, i am at a loss to understand your remarks. the condo building sits on lots 4 -8, and the hotel building sits on lots 9 -11. those two parcels are contiguous and platted. the original deed is for lots 4 -11. there is no other land there. if you could, please send me a copy (even a photocopy of the relevant portion of the survey would be very helpful) of what you are working with and referring to. also, i know we are under time pressure to get this done per the d.o., but as long as we are proceeding diligently i would ask that you give us a little breathing room on this. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 8/2/2007 • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Wednesday, August 01, 2007 6:29 PM To: 'Kent Runnells' Cc: Delk, Michael Subject: RE: 445 Hamden unity of title Kent - As to the land area, there is an unplatted area to the east of Lots 9 -11 that is part of the property. I am faxing to you the legal description of the overall parcel with that portion in question circled that needs to be corrected in the Unity of Title legal description. As to giving some leeway on the timing on these conditions of approval, I can deal with some "breathing room" so long as it doesn't go too long. I understand there has been a sale of the property, but the approval and its conditions run with the land. My concern is that I don't want to have to hold the property owner's hand to obtain compliance with all of the conditions of approval. The owner has bought property that has some items that need to be addressed, within the time frames set out in the Development Order. We just need to get them accomplished so we all can move on to other projects. Keep me in the loop as to timing issues. Thanks. Wayne - - - -- Original Message---- - From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Wednesday, August 01, 2007 5:10 PM To: Wells, Wayne Cc: jazcdl5 @aol.com Subject: 445 hamnden unity of title wayne. i am in the process of drafting a new covenant restricting the hotel site to 21 condo units and will forward same to you within the next few days. as far as the unity of title legal descriptions, i am at a loss to understand your remarks. the condo building sits on lots 4 -8, and the hotel building sits on lots 9 -11. those two parcels are contiguous and platted. the original deed is for lots 4 -11. there is no other land there. if you could, please send me a copy (even a photocopy of the relevant portion of the survey would be very helpful) of what you are working with and referring to. also, i know we are under time pressure to get this done per the d.o., but as long as we are proceeding diligently i would ask that you give us a little breathing room on this. thanks, kent- Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727- 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 8/1/2007 LL ps �Lv,�,r�2� k rwater FAX: 7Z,+ - 0 8-7 9 U FROM: Fax Cover Memo CITY OF CLEARWATER PLANNING DEPARTMENT 100 SOUTH MYRTLE AVENUE, 2ND FLOOR CLEARWATER, FL 33756 (727) 562 -4567 FAX: (727) 562 -4865 TO: 14:Q�+ �Lv,�,r�2� k DATE: / I'D 7 FAX: 7Z,+ - 0 8-7 9 TELEPHONE: 7 E-k - Z-I 1-°-t FROM: Wayne M. Wells TELEPHONE: (727) 562 -4504 SUBJECT: MESSAGE: NUMBER OF SHEETS (INCLUDING THIS PAGE): 2— 1 • Aug. 01 2007 06:37PM YOUR LOGO' .: j YOUR FAX NO. 7275624865 NO. OTHER FACSIMILE START TIME USAGE TIME' MODE PAGES RESULT 01 97240879 Aug.01 06:36PM 00'45 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING ' +' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1- 800 -HELP -FAX 0435 - 7329). Mar 15 07 08:19a _\a Stone Resort ! 7 -461 -1680 ;oUN�Y 1L•- err-_ HK•... ,�.��6-9-- •- PG._._,2,p.39...... - LI?.GAL DESCRIPTIO N l..ots 4, 5, 6, 7, 8, 9, 10 and 11, COLUMBIA SUBDIVISION NO. 5, according to the Ma or tat thereof, as recorded in Plat book 31, Page 16, Public Records of Pinellas count }+lorida, lso that tutplatted part o t povertunent of Fotu of S�Ction B, Township 29 5oukia, %(»ge IS Fast, described i-s follows: Begin at the 5outh,.ast (`Omer of Lot Elevon (11), COURvIBI.A SUBDIVISIONNb. FTVF (5) and nut thence South 54 °25130" east, sixty•flve and eighteen hundredths (65.18) feet; thence North 12 "34'30" East, two hundred seventeen and twenty -seven hundtodths (217.27) feet, thence North 54 °25'30" West, sixty-five and eighteen hundredth4 (65.18) foot to the lsastorly Nine of Lot NLie (9) of said Subdivision, thence South 12 °34'30" two hundred seventeen and nd twenty seven hwidredths (217.27) feet to the point of begituting. RI IN&, pLANNINC, DEPARTMENT p.7 Wells, Wayne From: Kent Runnells [kbrlaw @tampabay.rr.com] Sent: Friday, July 27, 2007 3:44 PM To: Jazcdl5@aol.com Cc: Wells, Wayne Subject: FW: FLD2007- 04012, 445 Hamden Drive & 504 S. Gulfview Blvd. david: I will take care of 2 and 3. please follow up on no. 6. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 -726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. - - - -- Original Message---- - From: Wayne. Wells @myClearwater.com ( mailto :Wayne.Wells @myClearwater.com] Sent: Friday, July 27, 2007 3:20 PM To: kbrlaw @tampabay.rr.com Cc: Janet.McMahan @myClearwater.com; Kevin .Garriott @myClearwater.com; michael.delk @MyClearwater.com; Leslie.Dougall- Sides @myClearwater.com Subject: RE: FLD2007- 04012, 445 Hamden Drive & 504 S. Gulfview Blvd. Kent - 2. Unity of Titles - I just received the original recorded Unity of Title documents. There does appear to be a problem with the legal description for the hotel parcel. The legal description attached to the Unity of Title is Lots 9, 10 and 11 of one subdivision and that land lying between two subdivisions. The survey legally described that undescribed land lying between the two subdivisions. I have checked with our survey people in Engineering and the legal description attached to the Unity of Title is insufficient, as it doesn't describe that eastern portion of land. I am unclear why wasn't the legal description on the survey used. The Unity of Title document for the hotel parcel will need to be re- recorded to change the legal description to that indicated in the survey. Once re- recorded, please send me a copy. I am making copies of the Unity of Title documents already sent to me and am sending the originals to you (the owner should keep the original documents). 3. The deed restriction provision contained in the Development Order was not that which was in the previously recorded Declaration of Restrictions, which was done prior to the filing of the FLD application eventually reviewed and approved by the CDB. I have re -read that document and the provision /restriction envisioned is now more specific. Based on the 0.87 acres of the hotel parcel and the current maximum density of 30 dwelling units per acre, the hotel parcel could be redeveloped with 26 dwelling units. Based on Condition #3, this maximum must be reduced by five dwelling units to a maximum of 21 units. We are looking for a new deed restriction to be recorded that speaks to this density issue in the specificity that the Staff Report calculated and Condition #3 states. • • 6. As to the occupational license, the new owner should contact Janet McMahan in our Community Response Team Division (562 -4731) to update the license. Wayne - - - -- Original Message---- - From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Friday, July 27, 2007 11:04 AM To: Wells, Wayne Cc: Jazcdl5 @aol.com Subject: RE: FLD2007- 04012, 445 Hamden Drive & 504 S. Gulfview Blvd. Wayne: thanks for your "reminder" of yesterday. The property has indeed been transferred, but of course the new owner is aware of the requirments of the development order. As regards your immediate concerns, please note the following. 2. it was my understanding that the dec of restricitions filed 2/22/07 at 15648/809 fulfilled this requirement; if additional documentation is required, please advise what it is and I will attend to it immediately. 3. the unity of title documents were filed july 20, 2007, at 15898/2511 and 2514, respectively. The originals should be returned to you, but I will e mail you copies in a few minutes. 6. the amendment to the license was not on my "to do" list, so I am unsure where it stands. It should have been done as part of the transfer of the license, but if not, I will instruct the new owner to do so immediately. Also, the new owner has retained me on a going forward basis to continue representing them on this project, so I am still a good point of contact for you. I will refresh their memory on the requirements of.the d.o. Thanks wayne, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. - - - -- Original Message---- - From: Wayne.Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com] Sent: Thursday, July 26, 2007 11:53 AM To: kbrlaw @tampabay.rr.com Cc: Leslie.Dougall- Sides @myClearwater.com; Kevin.Garriott @myClearwater.com Subject: FLD2007- 04012, 445 Hamden Drive & Kent - michael.delk @MyClearwater.com; 504 S. Gulfview Blvd. 2 On June 19, 2007, the Community Development Board approved the above referenced Flexible Development application with 16 conditions (see attached Development Order). Many of the conditions of approval contained date certain requirements. It has come to our attention that the property has apparently changed ownership. I also do not see in the Property Appraiser's information where the lot for the attached dwellings at 445 Hamden Drive has been created. Compliance with some of the conditions of.approval are past due, specifically Conditions #2, 3 and 6. Could you please bring me up to speed with the status of this property and how /when compliance with the conditions of approval are going to occur? Wayne <<Hamden 445 Development Order 6.19.07.doc>> . 0 Page 1 of 1 Wells, Wayne From: Kent Runnells [kbrlaw @tampabay.rr.com] Sent: Friday, July 27, 2007 11:08 AM To: Wells, Wayne Subject: FW: DiVello - Unity of Title wayne: fyi in connection w/ my a mail of this am. kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e -mail and immediately and permanently delete this message and any attachments. Thank you. From: Kent Runnells, P.A. [mailto:krpalaw @tampabay.rr.com] Sent: Friday, July 27, 2007 10:58 AM To: Kent Runnells , Subject: DiVello - Unity of Title Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 7/27/2007 PREPARED BY & tZ1V T0: PLANNING DEPARTMENT 100 S. MYRTLE AVENUE, 2ND FLOOR CLEARWATER, FL 33756 PHONE: 727 - 562 -4567; FAX: 727 - 562 -4865 KORKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2007242689 07/20/2007 at 02:55 PM OFF REC BK: 15898 PG: 2511 -2513 DocType:AGM RECORDING: $27.00 DECLARATION OF UNITY OF TITLE (CONDOMINIUMS) Fulvio DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004 Property Owner: as, "-Amended and Restated on September 15, 2004, and again on July 1, 2005. Property Address: 445 Hamden Drive, Clearwater, FL 33767 KNOW OF ALL MEN BY THESE PRESENTS, that pursuant to the ordinances of the City of Clearwater pertaining to the issuance of building permits and regulating land development activities, the undersigned, being the fee owner (s) of the following described real property (legal description) situated in the City of Clearwater, County of Pinellas and State of Florida, to wit: do hereby make the following declaration of conditions,, limitations and restrictions on said lands, hereafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: That the aforesaid plot or combination of separate lots, plots, parcels, acreage or portions thereof, shall hereafter be regarded as and is hereby declared to be unified under one title as an indivisible building site. 2. That the said property shall henceforth be considered as one plot or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety, as one plot or parcel of land, o e &,.r �p ,-c viVee, °'!!• a v� or condoin(AIVM 1 3. The sale, assignment, transfer, conveyance or devise of a condominium parcedcreated by a recorded �P declaration of condominium subjecting the property to the condominium form of ownership shall not be deemed a breach of the declaration of unity of title; however, the entire property shall continue to be regarded as unified and as a single building site for all applicable code purposes. 4. That this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the undersigned, and the heirs, successors and assigns of the undersigned, and all parties claiming under them until such time as the same may be released in writing under the order of the City Manager of the City of Clearwater. The undersigned also agree(s) that this instrument shall be recorded in the public records of Pinellas County, Florida. Signed, sealed, witnessed and'acknowledged this day of .20 07 , at Clearwater, Florida. Page 1 of 2 OWNER (S): STATE OF FLORIDA COUNTY OF PINELLAS Thipforegoing instrument was acknowledged be ore me this day of 204?7 by eQ / //r /O j�qdbehalf of who instrument w s executed. Notary PuWie $1-00 of Florida rtayCommission �"� Notary Public Signature Kant Runnells MY Comm Sion 'tor te E pies 06 O5/20111�052255 Name of Notary Printed Number: (SEAL ABOVE) Perso y known or produced identification Type of identification produced S..IPlanning DepartmentlApplication Forms Oevelopment Review12006 Formsl Unity of Title Declaration 2,007 (Condominiums).doc Page 2 of 2 LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 4, 5, 6, 7 AND 8 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC REORDS OF PINELLAS COUNTY, FLORIDA. Exhibit "A" Clear Day _ Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, July 16, 2007 1:38 PM To: 'Kent Runnells'; Dougall- Sides, Leslie Subject: RE: DOCKSIDE Kent - The revision to the end of Paragraph #2 should be "or as provided below." Wayne - - - -- Original Message---- - From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Sunday, July 15, 2007 10:42 AM To: Dougall- Sides, Leslie; Wells, Wayne Subject: FW: DOCKSIDE leslie and wayne. please see the proposed slight modification to the attached unity of title dec. this was suggested by ken arsenault, a seasoned condo lawyer. i think he makes an excellent point, especially as to section 3. may i please make this modification to your form? i see no detriment to the city and great benefit to the property owner, at least the benefit of clarification. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Debbie Blair [ma i Ito: Debbie@titleagency. net] Sent: Friday, July 13, 2007 12:07 PM To: Kent Runnells Subject: DOCKSIDE Per Ken, here is the marked up Declaration of Unity of Title (Condominiums) DEBBIE BLAIR ARSENAULT LAW GROUP, P.A. 10225 ULMERTON ROAD, SUITE 2 LARGO, FL 33771 727 -584 -1199 727 - 586 -1071 (FAX) debbieCaDtitleagency.net 7/16/2007 rte' Clear Day • • Page 1 of 2, Wells, Wayne From: Dougall- Sides, Leslie Sent: Monday, July 16, 2007 1:34 PM To: 'kbrlaw @tampabay.rr.com' Cc: Wells, Wayne Subject: RE: DOCKSIDE IblNurrAttach: 1 MessageGUID: {229F1061- 8298- 4B17- BF38- B04361562DC3) OriginalDate: None Originator: SQL Style: DiVello 445 Hamden Dr. Declaration of Restrictions ( Hi Seas ) I have no problem with the amended language. Wayne, please add to form for future use. Leslie K. Dougall -Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562 -4010 phone (727) 562 -4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources - - - -- Original Message---- - From: Wells, Wayne Sent: Monday, July 16, 2007 7:46 AM To: Dougall- Sides, Leslie Subject: DOCKSIDE Leslie - What do you think about the change to the Declaration of Unity of Title (Condominiums). If acceptable, respond to Kent Runnels and copy me. Should these changes be made to the form for all to use? Wayne - - - -- Original Message---- - From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Sunday, July 15, 2007 10:42 AM To: Dougall- Sides, Leslie; Wells, Wayne Subject: FW: DOCKSIDE leslie and wayne. please see the proposed slight modification to the attached unity of title dec. this was suggested by ken arsenault, a seasoned condo lawyer. i think he makes an excellent point, especially as to section 3. may i please make this modification to your form? i see no detriment to the city and great benefit to the property owner, at least the benefit of clarification. thanks, kent Kent Runnells 7/17/2007 �. Glear Day • • Page 2 of 2 Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Debbie Blair [ma i Ito: Debbie @titleagency.net] Sent: Friday, July 13, 2007 12:07 PM To: Kent Runnells Subject: DOCKSIDE Per Ken, here is the marked up Declaration of Unity of Title (Condominiums) DEBBIE BLAIR ARSENAULT LAW GROUP, P.A. 10225 ULMERTON ROAD, SUITE 2 LARGO, FL 33771 727 -584 -1199 727 - 586 -1071 (FAX) debbie@ titleagency. net 7/17/2007 • _ . _Clear Day • • Page 1 of 1 Wells, Wayne From: Kent Runnells [kbrlaw @tampabay.rr.com] Sent: Sunday, July 15, 2007 10:42 AM To: Dougall- Sides, Leslie; Wells, Wayne Subject: FW: DOCKSIDE leslie and wayne. please see the proposed slight modification to the attached unity of title dec. this was suggested by ken arsenault, a seasoned condo lawyer. i think he makes an excellent point, especially as to section 3. may i please make this modification to your form? i see no detriment to the city and great benefit to the property owner, at least the benefit of clarification. thanks, kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. From: Debbie Blair [mailto:Debbie @titleagency.net] Sent: Friday, July 13, 2007 12:07 PM To: Kent Runnells Subject: DOCKSIDE Per Ken, here is the marked up Declaration of Unity of Title (Condominiums) DEBBIE BLAIR ARSENAULT LAW GROUP, P.A. 10225 ULMERTON ROAD, SUITE 2 LARGO, FL 33771 727 - 584 -1199 727 - 586 -1071 (FAX) debbie@titleagency.net 7/15/2007 PLANNING DEPARTMENT - 100 S. MYRTLE AVENUE, 2 "o FLOOR CLEARWATER, FL 33756 PHONE: 727 -562 -4567; FAX: 727 - 562 -4865 DECLARATION OF UNITY OF TITLE (CONDOMMUVIS) Fulvio DiVello, as Trustee of the DiVello Land Trust dated August 10, 2004 Property Owner:_ as Amended and Restated on September 15, 2004, and again on July 1, 2005. Property Address: 445 Hamden Drive Clearwater. FL. 33767 KNOW OF ALL MEN BY THESE PRESENTS, that pursuant to the ordinances of the City of Clearwater pertaining to the issuance of building pen-nits and regulating land development activities, the undersigned, being the fee owner (s) of the following described real property (legal description) situated in the City of Clearwater, County of Pinellas and State of Florida, to wit: do hereby make the following declaration of conditions, limitations and restrictions on said lands, hereafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: 1. That the aforesaid plot or combination of separate lots, plots, parcels, acreage or portions thereof, shall hereafter be regarded as and is hereby declared to be unified under one title as an indivisible building site. ��'t 2. That the said property shall he �orth be considered as one plot or parcel of land, and that no portion thereof shall be sold, assi d, transferred, conveyed or devised separately except in its entirety, as one plot or parcel of land 3. The sale, assignment, transfer, conveyance or devise of a condominium parcel /created by a recorded declaration of condominium subjecting the property to the condominium form of ownership shall not be deemed a breach of the declaration of unity of title; however, the entire property shall continue to be regarded as unified and as a single building site for all applicable code purposes. 4. That this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by Saw, and shall be binding upon the undersigned, and the heirs, successors and assigns of the undersigned, and all parties claiming under them until such time as (lie same may be released in writing under the order of the .City,Manager of;the. City of.Clearwater.. The undersigned also agree(s).,that. this..instrunlent shall be recorded in the public records of Pinellas County, Florida. Signed, sealed, witnessed and acknowledged this G ,% day of , 70 07 at Clearwater, Florida. WITNESSES: �. OWNER (s):� Pagc 1 of 2 • • STATE OF FLORIDA COUNTY OF PINELLAS Th oregoing instrument was acknowledged be are me this _day of behalf of who I instrument t executed. 1p�r °� Nalary Pu>ytn 9tglq of Florida Notary Public Signature Y Mani Runnalls y My Cammtssfon ODS82265 Name of Notary Printed q.o►r`dlt' Enwas awasl2011 otary Commission Number: (SEAL ABOVE) persope vy known or produced identification Type of identification produced S.Wlanroing DepartmentlApplicallon ForntslDevelapaaent Revlex,12006 FarmslUntry of77Ne Deciarartan 2007 (Condomtniunu).doc Page 2 of 2 LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLL0WS: LOTS 4, 5, 6, 7 AND 8 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC REORDS OF PINELLAS COUNTY, FLORIDA. Exhibit "A" Page 1 of 2 Wells, Wayne From: Dougall- Sides, Leslie Sent: Wednesday, July 11, 2007 10:49 AM To: 'kbrlaw @tampabay.rr.com' Cc: Wells, Wayne; Delk, Michael Subject: Revised Unity of Title Form IblNumAttach: 1 MessageGUID: {7ABB4A48- 4233- 40D0- 94CF- 37E8351 EF8B2) OriginalDate: None Originator: SQL Style: DiVello 445 Hamden Dr. Declaration of Restrictions ( Hi Seas ) Kent, I believe that Paragraph 3. of the revised Unity of Title Declaration will satisfy your client's concerns. Please contact me if there is anything additional you need me to do. Leslie K. Dougall -Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562 -4010 phone (727) 562 -4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources - - - -- Original Message---- - From: Wells, Wayne Sent: Monday, July 09, 2007 8:44 AM To: 'Kent Runnells'; Dougall- Sides, Leslie Cc: Delk, Michael Subject: RE: divello Kent - Due to another condominium project with possibly similar issues /concerns, a different Declaration of Unity of Title (for condominiums) has been developed. I am attaching this document for your use. Should you have any questions, feel free to contact me. Wayne [Wells, Wayne] - - - -- Original Message---- - From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Saturday, July 07, 2007 11:42 AM To: Dougall- Sides, Leslie Cc: Wells, Wayne; Delk, Michael Subject: divello 7/11/2007 Page 2 of 2 hi leslie. i am ready to record the unity of title documents on the divello property, but i have one question before i record. regarding the condo parcel, is it safe for me to interpret the clause about all subsequent conveyances being only of the subject property as a single plot or parcel of land as not being an impediment to the sale of the condominium units situate on this parcel? i would respectfully that you provide me with a short written opinion to this effect, as i anticipate a subsequent purchser of a condo may raise a title objection based on the unity of title document. it will be a recorded instrument that affects title, and as such it will need to be in any title commitments issued on these units. thanks for your anticipated (and hoped for) prompt response. kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 7/11/2007 0 9 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, July 09, 2007 8:44 AM To: 'Kent Runnells'; Dougall- Sides, Leslie Cc: Delk, Michael Subject: RE: divello Kent - Due to another condominium project with possibly similar issues /concerns, a different Declaration of Unity of Title (for condominiums) has been developed. I am attaching this document for your use. Should you have any questions, feel free to contact me. Wayne [Wells, Wayne] - - - -- Original Message---- - From: Kent Runnells [mailto:kbrlaw @tampabay.rr.com] Sent: Saturday, July 07, 2007 11:42 AM To: Dougall- Sides, Leslie Cc: Wells, Wayne; Delk, Michael Subject: divello hi leslie. i am ready to record the unity of title documents on the divello property, but i have one question before i record. regarding the condo parcel, is it safe forme to interpret the clause about all subsequent conveyances being only of the subject property as a single plot or parcel of land as not being an impediment to the sale of the condominium units situate on this parcel? i would respectfully that you provide me with a short written opinion to this effect, as i anticipate a subsequent purchser of a condo may raise a title objection based on the unity of title document. it will be a recorded instrument that affects title, and as such it will need to be in any title commitments issued on these units. thanks for your anticipated (and hoped for) prompt response. kent Kent Runnells Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 Voice: 727 - 726 -2728 Fax: 727 - 724 -0879 This message and any attachments are solely for the intended recipient and may contain information that is confidential or legally privileged under applicable law. If you are not the intended recipient, any disclosure, copying, use or distribution of the information included in the message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Thank you. 7/9/2007 0 0 mQ < SGN M CO W 2, 'KPh�N m POINT PAPAYA ST pORY PASSAG 0 0 Vi Rn O Cysewe BIwJ � WINDWARD P SAGE sq O FIRST S7 9.0 De�DN DR THIRD 57 9� W o °�� �G 4 Q8RIGH7 WATER DR FIFTH S7 aBAYSIDE - Y pq PROJECT SITE BA"" ^y s BWD e s� Location Map Owner: Divello Land Trust I Case: FLD2007 -04012 Site: 445 Hamden Drive Property 1.789 504 South Gulfview Boulevard Size (Acres): PIN: I i 08/29/15/17640/000 /0040 Atlas Page: 276A 0 0 • • Q F /FjHS,�, 350' 1 ; Q �� I � i r I 406 409_.1 I I OIJ/ 4 0 ll _ 1 i_11 -1 1 rl 1 1- i 1 I/ t 410 --- - -__ -__ 1 k75 1 1 / L �1 1 r t~�_ 1 I I 41r __ _ _ -_- r_1 1 .�`� -�� ' f , - - I f i 412 azr----- - - - - -- ; i 420 4IS BAY$ /DE DR f \ -� 43019 _J 430 4 I I 1 I / Aq5 I / / 1 ,AO T I= ; \\ y 445 55 r� L, - _� '' / l l `'lye BAYWAYB4VD Zoning Map Owner: Divello Land Trust j Case: FLD2007 -04012 445 Hamden Drive Site: South Gulfview Boulevard Property Size(Acres): 1.789 504 PIN: 08/29/15/17640/000 /0040 Atlas Page: 276A • a----- F /Fjy5,1 s° - - - - -1 r a l� / L 406 -- �" EP G� 411 1 -7 I , �- / -- ...., -1 c Q h e lllgll` O `' ( ernEi ;- -r- of ghe 41° i----- -- j tim �atl �� �� l� ,I- fin .7 , - - - - -� �- I - I 412 ♦ 7 1� ti _ 20 II / 415 ySlDE pR '`ern ` V- -; �fgli yr_ •, 1 rr-'�Q �S I 1 137 X79 -- 1 co m verfi%h`� -- '- yccominold ,• ' AA0 1, r ♦ j 1 by `♦ ` 445 r� 1 1 f / v\ ., Q ! N\ �\ Attached D,AVelliks h1 Attac d well' / Overniglht � Acc'mnmodat• ' l ns n ^ Existing Surrounding Uses Map Owner. Divello Land Trust Case: FLD2007 -04012 Site: 445 Hamden Drive Property 1.789 504 South Gulfview Boulevard Size(Acres): PIN: 08/29/15/17640/000 /0040 Atlas Page: 276A View looking southwest from Hamden Drive at west side of Building A (northern building) View looking northwest at east side of Building A (northern building) View looking northwest from S. Gulfview Blvd. at south and east sides of Building B View looking east from Hamden Dr at parking View looking north along east side of Building A View looking south from Hamden Drive at west side of Building B (southern building) 445 Hamden Drive and 504 South Gulfview Boulevard FLD2007 -04012 1 of 3 View looking north along east side of Hamden View looking no--th along east side of parking lot View of existing sign for Building A (northern building) View looking west along north side of S. Gulfview View looking north along east side of Hamden Dr. View of existing sign for Building B (southern building) 445 Hamden Drive and 504 South Gulfview Boulevard FLD2007- 34012 2 of 3 View looking at docks on east side of Building A View looking southwest at hotel at 521 S. Gulfview View looking at pool north of Building B (to be shared by both Buildings A and B View looking north at attached dwellings at 530 S. Gul -view BI-id. View A brick patio between Buildings A and B 445 Hamden Drive and 504 South Gulfview Boulevard FLD2007 -04012 3 of 3 r� 4 • Wells, Wayne 0 From: Dougall- Sides, Leslie Sent: Thursday, June 14, 2007 1:53 PM To: Delk, Michael Cc: Akin, Pam; Clayton, Gina; Thompson, Neil; Wells, Wayne; Treuhaft, Linda Subject: RE: FLD2007- 04012, 445 Hamden Drive Importance: High I. DISCUSSION OF FLD2007- 04012, 445 HAMDEN DRIVE: The conditions of approval for this application contain the following language in Condition 10.: "That existing freestanding and attached signage for both the attached dwelling lot and the hotel lot be brought into compliance with Code requirements." Florida Statutes Section 70.20(2) provides that a municipality may not remove, cause to be removed, or cause in any way the alteration of any lawfully erected sign located along any federal -aid primary or other highway system or "road" [undefined] without first paying just compensation. The provisions of the subsection do not apply to any ordinance the validity, constitutionality, and enforceability of which the owner has by written agreement waived all right to challenge. Subsection (6) provides that a requirement by a municipality that a lawfully erected sign be removed or altered as a condition precedent to the issuance or continued effectiveness of a development order constitutes a compelled removal that is prohibited without prior payment of just compensation. This is not applicable per Subsection (12) where the D.O. permits construction of a replacement sign that cannot be erected without the removal of the lawfully erected sign being replaced, nor is it applicable to FLUM amendments resulting in single- family residential use. Relocation and Reconstruction Agreements are also contemplated by the statute. However, Subsection (9) states: "This section applies only to a lawfully erected sign the subject matter of which relates to premises other than the premises on which it is located or to merchandise, services activities or entertainment not sold produced manufactured or furnished on the premises on which the sign is located." In other words, Section 70.20 only applies to off - premises signage. Since FLD2007 -04012 has only on- premises signage, no change is necessary to the Staff Report or Recommended Conditions. II. GENERAL DISCUSSION: The City's CDC does not specifically differentiate between on- premises and off - premises signage. This is because it does not provide content -based regulation, which has been held unconstitutional in some circumstances. Where lawfully erected off - premises signage is identified on a property [an Owner's Statement regarding same could be included on the Application Forms], consideration should be given to whether to include sign compliance conditions at all. If they are included, the following or similar language should also be included in the Staff Report and Conditions: "Any portion of this condition which results in removal or alteration of one or more lawfully erected signs within the meaning of Florida Statutes Section 70.20 is contingent upon the applicant's execution of a release /waiver of all right to challenge applicable City Ordinances and of all claims against the City under said statutory Section." Alternatives are to omit such compliance conditions or to enter into Relocation and Reconstruction Agreements. See also my Memorandum of 2/14/07 re 2212 Drew St. annexation. The statutory requirements potentially affect applications involving off - premises signage for FLS, FLD, Comprehensive Sign Program, Building Permit, Sign Permit, and Termination of Status as Nonconformity, as well as the operation of CDC Section 6 -104A and the Sections corresponding to the listed Applications. Therefore, application form amendment and potentially code amendment may be required /advisable. Following the meeting held this week with you and Gina to discuss the topic, I will work with Planning staff to implement a workable approach. -J Hamden 445 Staff Report.doc Leslie K. Dougall -Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562 -4010 phone (727) 562 -4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources - - - -- Original Message---- - From: Wells, Wayne Sent: Thursday, June 14, 2007 12:12 PM To: Dougall- Sides, Leslie Cc: Thompson, Neil Subject: FLD2007- 04012, 445 Hamden Drive Leslie Attached is the Staff Report for this case on the June 19, 2007, CDB agenda. Please review, especially the conditions of approval, this afternoon. I must send the Staff Report out this afternoon. Thanks. Wayne << File: Hamden 445 Staff Report.doc >> • Wells, Wayne 0 From: Elliott, Gayle Sent: Thursday, June 14, 2007 2:06 PM To: 'doreen.dipolito @d - mar.com'; 'southern @tampabay.rr.com'; ddennehy @robelinvestments.com'; ' thomas @triangledevelopment.com'; 'fdame @yahoo.com'; 'dana tallman @urscorp.com'; 'nfritsch @tampabay.rr.com'; 'jordan @behardesign.com', 'ggrimes @hwhlaw.com' Cc: Wells, Wayne Subject: Staff Report for FLD2007- 04012, 445 Hamden Drive and 504 South Gulfview Boulevard CDB Members - Attached is the Staff Report for the above referenced application on your June 19, 2007, CDB agenda. The resume for Wayne Wells is also attached. Packets for the agenda material were sent to you today (Jordan - we are delivering yours to you on Monday as requested). Thanks (Have a nice weekend) - Gayle R Elliott Planning Department Staff Assistant (727) 562 -4582 gayle. elliott@ myclearwa ter. com J� Hamden 445 Staff Wells Wayne - Report.doc Expert Witness R... A 1 Wells, Wayne From: Wells, Wayne Sent: Thursday, June 14, 2007 12:12 PM. To: Dougall- Sides, Leslie Cc: Thompson, Neil Subject: FLD2007- 04012, 445 Hamden Drive Leslie - Attached is the Staff Report for this case on the June 19, 2007, CDB agenda. Please review, especially the conditions of approval, this afternoon. I must send the Staff Report out this afternoon. Thanks. Wayne Hamden 445 Staff Report.doc 0 0 Wells, Wayne From: Reid, Debbie Sent: Thursday, June 14, 2007 10:33 AM To: Wells, Wayne Subject: 445 Hamden Drive - Sea Stone Resort Wayne, we have recalculated the P &R impact fees on this project using the 2004 tax value as this is the figure that would have been used had our fee been paid when construction on this project was started. Since the payment was not made prior to permit issuance as it should have been, we would like payment as soon as possible, but we will accept this figure until October 30, 2007 end of business day. If we do not receive it prior to that date, we will recalculate our fee using the 2007 tax value. Total fee due prior to October 30, 2007 end of business day: Open Space $68,724.03 Recreation Land $154,968.75 Recreation Facility $3,750.00 Total $ 227,442.78 Debbie O 0 9 Wells, Wayne From: McMahan, Janet Sent: Tuesday, May 29, 2007 11:34 AM To: Wells, Wayne Subject: RE: OCL- 0017154, 445 Hamden I will code the case, so a renewal notice will not be issued. - - - -- Original Message---- - From: Wells, Wayne Sent: Friday, May 25, 2007 1:48 PM To: McMahan, Janet Subject: OCL- 0017154, 445 Hamden Janet - We have previously spoken about this OCL. This you mentioned was erroneously issued, because it is to a boat slip. Is there any way we can get this NOT to be re- issued for the 2007 -2008 year? Is this something you can do or is it something I need to do? Wayne a. Y r • • Conditions Associated With FLD2007 -04012 445 HAMDEN DR Harbor Master Condition Wayne Wells, AICP 04/25/2007 On the 10 docks, I have several concerns: 727 - 562 -4504 1. There are no construction drawings of how they were built to determine if they are up to county code? 2. Is there adequate parking for both the retained slips and the 8 slips being sold? 3. Will there be lifts allowed in the slips? 4. Does the upland owner own the bottom land the docks are on? 5. How are the slips being sold going to be "controlled" for access and for complaints? 6. Are any of the slips being sold being used commercially or are they being used for recreational boat owners? 7. After the slips are sold, how do resales occur? Do they go back through the Upland property owner or are they unrestricted. My concern here is for the size vessel of use of the slip several owners over time. 8. Is there an intent to allow liveaboards? 9. Are there any restrictions on the use of the slips sold? Not Met Landscape Wayne Wells, AICP 727- 562 -4504 04/30/2007 5/25/07 - WW Not Met Condition approval on the installation of clusters of palms along the east side rather than silver buttonwoods that don't meet Code requirements. 4/30/07 - WW Sheet L1.1 - The landscape area along the east side of the hotel lot can be improved with shrubs (hedge) and trees (accent or palms). Need approval from engineering since this is an easement. Parks & Recs Condition Debbie Reid 562 -4818 04/30/2007 4/30/07 - Parks and Recreation impact fees are past due on this project. A redevelopment has Not Met been completed on this project, changing 111 hotel /motel units to 31 residential units and 62 hotel /motel units. The total fee is $522,343.74 ($159,324.99 open space; $359,268.75 recreation land; $3,750.00 recreation facility). This fee is based upon the current just value of land and accordingly could change if not paid by October 31, 2007. This fee is past due in that it should have been paid at the time of redevelopment from hotel /motel units to residential units. Dumpster Enclosure to Code 04/18/2007 That dumpster enclousure(s) needs to be brought up to City specifications. New Dumpster Enclosure 04/18/2007 That dumpster enclousure(s) needs to be constructed to City specifications. Zoning Condition Wayne Wells, AICP 727- 562 -4504 04/30/2007 5/24/07 - WW JInclude as a condition of approval. 4/30/07 - WW Sheet A1.1 - Why was the vinyl lap siding removed from the south side of the hotel building that was recently installed? What improvements are going to be made to this side of the building (which is nonattractive), as the existing material /color on this side does not match the rest of the building? 04/30/2007 / 5/24/07 - WW J Include as a condition of approval. 4/30/07 - WW Not Met Not Met Not Met Not Met CaseConditons Print Date: 06/12/2007 Page 1 of 3 rr r • FLD2007 -04012 445 HAMDEN DR • Zoning Condition Wayne Wells, AICP 727 - 562 -4504 Signage for this project (hotel lot and residential lot), which does not meet current Code requirements, will need to be brought into conformance with Code requirements. Comprehensive Sign Program may be applicable (as a mixed use). This will be a condition of approval included in the staff report. There will be a time frame included to gain compliance soon, seeing as there were improvements made to the overall property and there are few improvements (landscaping and some restriping) to be made to the hotel lot. 05/01/2007 5/25/07 - WW Not Met Y Include as a condition of approval. (See response letter for infomation). 5/1/07 - WW Regarding the existing docks, whose boats are presently in the slips? If they are not owned by the attached dwelling condominium owners at 445 Hamden Drive or are not guests of the hotel at 504 S. Gulfview Blvd., where they are not renting, leasing or owning the slips they are in, then I would assume these boats will be leaving soon, as they will not be allowed to stay. Please elaborate and confirm. 05/01/20,07 V 5/25/07 - WW Not Met Include as a condition of approval. 5/1/07 - WW Docks - Will the southern two slips be for the hotel and the northern eight slips be for the attached dwellings? Need to designate. 05/01/2007 Y 5/25/07 & 5/1/07 - WW Not Met Potential condition of approval: That use of the southern two slips at the existing docks be for exclusive use for the mooring of boats by guests of the hotel at 504 South Gulfview Boulevard and that these two southern slips at these docks are not permitted to be rented, leased or sold separately from use by guests of the hotel; That boats moored at the existing dock, lifts and /or slips for the northern eigth slips be for the exclusive use by the residents and /or guests of the condominiums at 445 Hamden Drive and not be permitted to be sub - leased, rented or sold separately from the condominiums; 05/01/2007 5/25/07 & 5/1/07 - WW Not Met %Potential condition of approval: �( That a Unity of Title document each be recorded in the public records for the hotel lot and the attached dwelling lot within 30 days of CDB approval; 05/01/2007 / 5/25/07 & 5/1/07 - WW Not Met Potential condition of approval: That hedges and other landscaping (not including trees) on the northern portion of the attached dwelling lot be maintained to a maximum height of three feet to provide continued views of the water by adjacent property owners and tenants /guests. Landscape materials along the north and east sides of the attached dwelling lot shall be of a type that minimizes insect and maintenance debris impacts on the neighbor to the north; 05/01/2007 5/25/07 & 5/1/07 - WW Not Met JPotential condition of approval: That existing attached and freestanding signage be brought into compliance with current Code requirements within 120 days of CDB approval for both the hotel lot and the attached dwelling lot and any future freestanding sign be a monument -style sign a maximum four feet, in height, designed to match the exterior materials and colors of the building, unless approved through a Comprehensive Sign Program (if available); 05/01 /2007 / 5/25/07 & 5/1/07 - WW Not Met J Potential condition of approval: That the Florida Department of Business and Professional Regulation, Division of Hotels and CaseConditons Print Date: 06/12/2007 Page 2 of 3 �e S • • FLD2007 -04012 445 HAMDEN DR Zoning Condition Wayne Wells, AICP 727 - 562 -4504 Restaurants, license and the City's occupational license be amended to reflect the change in number of units/rooms, within 30 days of CDB approval, for only the southern building; 05/01/2007 5/25/07 & 5/1/07 - WW Not Met Potential condition of approval: That a maximum of 62 total units /rooms be provided at this hotel /motel (southern building); 05/01/2007 5/25/07 & 5/1/07 - WW Not Met Potential condition of approval: That any future change of use to attached dwellings for the hotel lot (southern parcel) be developed with five (5) less dwelling units than permitted under maximum density regulations. Such use /denisty restriction shall be recorded as a Deed Restriction, or other form, as approved by the City Attorney within 30 days of CDB approval;. 05/01/2007 5/25/07 & 5/1/07 - WW Not Met Potential condition of approval: That the condominium documents for the northern attached dwelling lot be amended to require a minimum rental /lease /owner stay of 30 days; 05/01/2007 5/25/07 & 5/1/07 - WW Not Met J Potential condition of approval: That easements for cross - drainage, cross - access, cross - parking and pool access between the two lots be recorded in the public records within 60 days of CDB approval; Print Date: 06/12/2007 Page 3 of 3 CaseConditons • Wells, Wayne From: Elliott, Gayle Sent: Friday, May 11, 2007 1:28 PM To: DRC Members; Vo, Phuong Subject: FW: Resubmittal for June 16, 2007 CDB Meeting 9 Good afternoon DRC members--- - oops!!!! I left out some pertinent information. Please have the case reviewed by noon on Wednesday, May 16, 2007. - - - -- Original Message---- - From: Elliott, Gayle Sent: Friday, May 11, 2007 1:16 PM To: DRC Members Subject: Resubmittal for June 16, 2007 CDB Meeting DRC Members, Plans for the following cases have been resubmitted for the June 19, 2007: FLD2O07 -04012 - 445 Hamden Dr. - Planner - Wayne Wells I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review ( Please do not take it or any of the other copies as they are needed for the CDB members Please review your comments /conditions for this cases in Permit Plan and determine if they are met. Whether the conditions are "met' or still "not met," please affirm to me via email. Please have these cases reviewed, if possible by 12:00 pm on Wednesday 16, 2007,at 1OAM. Gayle Elliott 1:30 pm Case Number: FLD2007- 04012 -- 445 HAMDEN DR Owner(s): Di Vello Land Trust ' 400 Island Way # 703 13 Clearwater, F133767 PLC TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Representative: Housh Ghovaee ' 601 Cleveland Street Clearwater, Fl 33755 TELEPHONE: 727 - 443 -2869, FAX: 727 - 446 -8036, E -MAIL: renee @northsideengineering.com Location: 1.79 acres located at the northeast corner of Hamden Drive and South Gulfview Boulevard. Atlas Page: 276A Zoning District: T, Tourist Request: (1) Termination of Status of Nonconformity for density (existing 62 -unit hotel to remain on the southern lot, where 44 units /rooms are permitted today), under the provisions of Section 6 -109; (2) Flexible Development approval to permit a mixed use development of 31 attached dwelling units on Parcel A and a 62 -unit hotel on Parcel B, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C, and to reduce xxx, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and (3) Flexible Development approval to permit a multi -use dock in conjunction with the attached dwellings at 445 Hamden Drive for eight of the existing slips and a commercial dock in conjunction with existing hotel at 504 South Gulfview Blvd. for two of the existing slips (10 total existing slips), under the provisions of Section 3- 601.C.3. Proposed Use: Mixed use Neighborhood Clearwater Beach Association Association(s): Clearwater, F133767 100 Devon Dr TELEPHONE: 443 -2168, FAX: No Fax, E -MAIL: papamurphy @aol.com Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Presenter: Wayne Wells, Planner III Attendees Included: City: Wayne Wells, Neil Thompson, Scott Rice, Steve Doherty, Bill Morris Applicant: Doreen Williams, Renee Ruggiero The DRC reviewed this application with the following comments: General Engineering: No Comments Environmental: No Comments Fire: No Issues Harbor Master: 1 . On the 10 docks, I have several concerns: Legal: 1. There are no construction drawings of how they were built to determine if they are up to county code? 2. Is there adequate parking for both the retained slips and the 8 slips being sold? 3. Will there be lifts allowed in the slips? 4. Does the upland owner own the bottom land the docks are on? 5. How are the slips being sold going to be "controlled" for access and for complaints? 6. Are any of the slips being sold being used commercially or are they being used for recreational boat owners? 7. After the slips are sold, how do resales occur? Do they go back through the Upland property owner or are they unrestricted. My concern here is for the size vessel of use of the slip several owners over time. 8. Is there an intent to allow liveaboards? 9. Are there any restrictions on the use of the slips sold? No issues. Development Review Agenda - Thursday, May 3, 2007 - Page 29 Land Resources: • 1 . No Issues. Landscaping: 1 . Sheet L1.1 - Landscape areas along S. Gulfview Blvd. can be improved greater than shown: a. close to the intersection around the sign, shrubs and groundcovers can be planted; b. between the street intersection and the driveway, more than two rows of shrubs (with trees) can be planted in an 8.5 -foot wide area; c. area southeast of driveway can be improved with groundcovers and trees (trees planted outside of visibility triangle); and d. accent trees can be planted in the landscape area between the sidewalk and the pavement. 2. Sheet L 1.1 - The landscape area along the east side of the hotel lot can be improved with shrubs (hedge) and trees (accent or palms). Need approval from engineering since this is an easement. 3 . Sheet L1.1 - Large area between the two buildings is not "ground cover" but "brick deck ". Revise. 4. Sheet L1.1 - Provide a legend for landscape materials. 5 . Need to enumerate the reductions requested under the Comprehensive Landscape Program: a. Increase the number of parking spaces in a row from 10 to xx (fill in the number); b. Reduction to the amount of interior landscape area for each lot from 10 percent to xx percent (be specific per lot); and c. Reduction to required foundation landscaping for the hotel building from a five -foot width to zero feet. Parks and Recreation: 1 . 4/30/07 - Parks and Recreation impact fees are past due on this project. A redevelopment has been completed on this project, changing 111 hotel/motel units to 31 residential units and 62 hotel/motel units. The total fee is $522,343.74 ($159,324.99 open space; $359,268.75 recreation land; $3,750.00 recreation facility). This fee is based upon the current just value of land and accordingly could change if not paid by October 31, 2007. This fee is past due in that it should have been paid at the time of redevelopment from hotel/motel units to residential units. Stormwater: No Comments Solid Waste: I . That dumpster enclousure(s) needs to be brought up to City specifications. 2. That dumpster enclousure(s) needs to be constructed to City specifications. 3 . Dumpster enclosure shown in sight triangle 4. That dumpster service be arranged with the Solid Waste Department prior to the issuance of an occupational license or certificate of occupancy. Please contact Tom Glenn - 727 -562 -4930 Traffic Engineering: 1 . Provide handicapped parking stall and sign details compliant with City standards. (Part C Section 100, Index No. 118, 119). Ramp in parking lot shall be removed and ramps shall be installed in the sidewalk instead. http: / /www.myclearwater. com/gov/ depts/ pwa /engin/Production/stddet/index .asp 2. H/C access aisle shall be to City standards. 3. Provide an accessible path from a building's accessible entrance to a public sidewalk compliant with Florida Accessibility Code for Building Construction Chapter 11, Section 11- 4.3.2. 4. Place ADA standard truncated domes where sidewalk crosses the driveways. 5. There shall be no objects in the sight triangle over the City's acceptable vertical height criteria. (City's Community Development Code, Section 3 -904). 6. Driveway width shall be 24' wide on Hamden Drive. Also install a channelized island to allow for a right -in and right -out movement. The above condition(s) to be addressed prior to a Community Development Board (CDB) hearing. General Note(s): 1) Applicant shall comply with the current Transportation Impact Fee Ordinance and fee schedule and paid prior to a Certificate of Occupancy (C.O.). 2) 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, May 3, 2007 - Page 30 Planning: • C Applicant and owner need to decide what the use of the northern building is to be, either as an overnight accommodation use or as attached dwellings. As an overnight accommodation use, where length of stays are less than 30 days minimum, there would be no change of use from that originally. The site's website: www.docksideclearwaterbeach.com (and most likely the condominium documents), indicates there is "no minimum days for use for owner ", which is consistent with overnight accommodation uses. If this is desired, we need to fix some building permits and certificates of occupancy at a minimum, as well as some fees, but this application is not necessary under this scenario. If the applicant desires the use of the northern building as attached dwellings, then the site's website: www.docksideclearwaterbeach.com (and most likely the condominium documents) will need to be amended to reflect a minimum length of stay of owners or renters of 30 days. Under this scenario, the comments that follow need to be addressed. 2. Under the Termination of Status of Nonconformity requirements, the existing parking lots are to be brought into conformance with the landscaping requirements of the Code. If some requirements cannot be met, then a Comprehensive Landscape Program application must be submitted detailing what requirements are requested to be reduced or eliminated and how other areas are being enhanced beyond minimum Code requirements to off -set the deficit requested. 3 . Show the location of all outdoor lighting fixtures. 4. Sheet C1.1 - Site Data - a. Need an Overall Site column that at least provides info for Lot Area and Parking. b. If the surveyor is saying the attached dwelling "lot" is 39,000 square feet, then the acreage amount should be 0.895 acre (as the surveyor says, not 0.89 acre). Revise both the existing attached dwelling lot area and the required attached dwelling lot area. c. If the overall land area of both lots is 77,954 square feet (1.789 acres), then the southern hotel "lot" is 38,954 square feet, or 0.894 acres. Revise both the existing overnight accommodations lot area and the required overnight accommodations lot area. d. Under Existing Overnight Accommodations for Density, revise to indicate under 62 units "(69.35 units /acre) ". e. Under Required Overnight Accommodations for Density, revise to indicate "44 units" and then under that indicate "(50 units per acre) ". f. Under Existing Attached Dwellings for Density, revise to indicate under 31 units "34.63 du/acre) ". g. Under Required Attached Dwellings for Density, revise to indicate under 26 units "(30 du/acre) ". h. Under Required Overnight Accommodations for Parking Lot Interior Landscaping, include above 10% of VUA "1,965 square feet ". i. Under Required Attached Dwellings for Parking Lot Interior Landscaping, include above 10% of VUA "1,484 square feet ". j. Under Required Overnight Accommodations for Parking, under 1 /unit revise to "62 ". k. Under Existing Attached Dwellings for Parking, delete the "2 /unit" and revise to 72 ". 1. Under Required Attached Dwellings for Parking, add "2 /unit" and revise to "62 ". m. Under Overall Site for Parking, add "124 required" and "125 provided ". n. Under Parking Calculations, revise 31 attached dwellings: 31 x 2 = 62. Also add a note that parking on the attached dwelling lot will be shared with the hotel lot (easement). 5 . For a hotel with 62 units, 62 parking spaces are required. With such requirement, three handicap spaces are required. While some hotel parking spaces are located on the attached dwelling lot, all three handicap spaces should be on the hotel lot. Only two handicap spaces shown. Need to add one handicap space to the hotel lot. Likewise, for 31 dwelling units, where 62 parking spaces are required, three handicap spaces are required. Only two handicap spaces shown. Need to add one handicap space to the attached dwelling lot. 6. Due to improvements necessary as outlined in the DRC comments, provided parking may fall below that required, and as such, a parking reduction is necessary. Need to include in the request and provide a parking reduction study. It may be assumed that the parking reduction requested may be for the attached dwellings. Development Review Agenda - Thursday, May 3, 2007 - Page 31 7 . Sheet Al.1 - Why fs the vinyl lap siding removed from the south s0of the hotel building that was recently installed? What improvements are going to be made to this side of the building (which is nonattractive), as the existing material/color on this side does not match the rest of the building? 8. Signage for this project (hotel lot and residential lot), which does not meet current Code requirements, will need to be brought into conformance with Code requirements. Comprehensive Sign Program may be applicable (as a mixed use). This will be a condition of approval included in the staff report. There will be a time frame included to gain compliance soon, seeing as there were improvements made to the overall property and there are few improvements (landscaping and some restriping) to be made to the hotel lot. 9 . Viewpoint Realty has a valid, issued occupational license for a unit on the west side of the hotel building. It appears the business is closed, by looking through the windows, but unclear. An attached sign for the business is still there. Advise. 10. Revise the Description of Request in the 6th paragraph - Case FLD2004 -04023 was not approved for what you describe. This case was for the Termination of the Status of a Nonconformity for density within the Tourist District to permit the relocation of five overnight accommodation units from the southern building (Building A) to the northern building (Building B) (basically removing the restaurant and office on the second floor of the northern building to allow for the relocation of five overnight accommodation units from the southern building to the northern building) and the conversion of five overnight accommodation units in the southern building (Building A) to accessory storage and hotel office with associated reductions and increases. 11 . Revise the Description of Request in the 7th paragraph - Case FLD2005 -05051 was for (1) Termination of Status of Nonconformity for density (111 overnight accommodation units existing to be converted to 83 dwelling units, where 53 dwelling units are permitted today), under the provisions of Section 6 -109; and (2) Flexible Development approval to permit 83 attached dwellings, as a Comprehensive Infill Redevelopment Project. This was to permit 31 attached dwellings in the existing northern building and 52 attached dwellings in a new southern building. 12. Revise the Description of Request by relocating the 9th paragraph (last paragraph) before the 8th paragraph for timeline correctness. 13 . Revise the Description of Request by expanding the 8th paragraph, which should be now the last paragraph, to detail out the specifics of this application, including how we got to this point. 14. Regarding the existing docks, whose boats are presently in the slips? If they are not owned by the attached dwelling condominium owners at 445 Hamden Drive or are not guests of the hotel at 504 S. Gulfview Blvd., where they are not renting, leasing or owning the slips they are in, then I would assume these boats will be leaving soon, as they will not be allowed to stay. Please elaborate and confirm. 15 . Docks - Will the southern two slips be for the hotel and the northern eight slips be for the attached dwellings? Need to designate. 16. Potential condition of approval: That use of the southern two slips at the existing docks be for exclusive use for the mooring of boats by guests of the hotel at 504 South Gulfview Boulevard and that these two southern slips at these docks are not permitted to be rented, leased or sold separately from use by guests of the hotel; That boats moored at the existing dock, lifts and/or slips for the northern eigth slips be for the exclusive use by the residents and/or guests of the condominiums at 445 Hamden Drive and not be permitted to be sub- leased, rented or sold separately from the condominiums; 17. Response to the General Applicability criteria #1 - Revise item d. Entrada - This project has been approved as a mixed use of 189 overnight accommodation units, restaurant, office and 77 attached dwellings with the attached dwelling building to be 128 feet in height. 18. Response to the General Applicability criteria #3 - Regarding the comment "With no improvements being made to the site ", why can't improvements be made to the site that benefit the public from a visual standpoint, such as the installation of landscaping? 19. Response to the General Applicability criteria #4 - Need to address the overall property. There are two driveways for the northern lot for the attached dwellings. 20. Response to the General Applicability criteria #5 - In the next to last line, revise "raised" to "razed ". 21 . Response to the General Applicability criteria #6 - Unclear in the last part of the second sentence as to whether this development is compatible with Shephards or not and/or any inferences regarding Shephards as being good or bad. Advise /revise. Development Review Agenda - Thursday, May 3, 2007 - Page 32 22 . Potential condition of approval: • That a Unity of Title document each be recorded in the public records for the hotel lot and the attached dwelling lot within 30 days of CDB approval; 23 . Potential condition of approval: That hedges and other landscaping (not including trees) on the northern portion of the attached dwelling lot be maintained to a maximum height of three feet to provide continued views of the water by adjacent property owners and tenants /guests. Landscape materials along the north and east sides of the attached dwelling lot shall be of a type that minimizes insect and maintenance debris impacts on the neighbor to the north; 24. Potential condition of approval: That existing attached and freestanding signage be brought into compliance with current Code requirements within 120 days of CDB approval for both the hotel lot and the attached dwelling lot and any future freestanding sign be a monument -style sign a maximum four feet in height, designed to match the exterior materials and colors of the building, unless approved through a Comprehensive Sign Program (if available); 25 . Potential condition of approval: That the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, license and the City's occupational license be amended to reflect the change in number of units /rooms, within 30 days of CDB approval, for only the southern building; 26. Potential condition of approval: That a maximum of 62 total units /rooms be provided at this hotel/motel (southern building); 27. Potential condition of approval: That any future change of use to attached dwellings for the hotel lot (southern parcel) be developed with five (5) less dwelling units than permitted under maximum density regulations. Such use /denisty restriction shall be recorded as a Deed Restriction, or other form, as approved by the City Attorney within 30 days of CDB approval; 28. Potential condition of approval: That the condominium documents for the northern attached dwelling lot be amended to require a minimum rental/lease /owner stay of 30 days; 29. Potential condition of approval: That easements for cross - drainage, cross - access, cross - parking and pool access between the two lots be recorded in the public records within 60 days of CDB approval; 30. Response to Comprehensive Infill Redevelopment Project criteria #2 - Revise the last word in the second sentence from "raised" to "razed ". 31 . Response to Comprehensive Infill Redevelopment Project criteria #3 - In deference to the last sentence, the Entrada project to the south still must construct a new building on the west side of their site for a 77 attached dwellings. 32. Response to Comprehensive Infill Redevelopment Project criteria #4 - Suggest removal of the word "restaurant" after Shephards in the second sentence. It is also noted there is another existing (and remaining as a) hotel directly south of this property at 521 S. Gulfview Blvd. that should also be mentioned (not just Shephards and this motel). In the last sentence it is unclear whom "They" are referring to in the context of the comment. 33 . Response to Comprehensive Infill Redevelopment Project criteria #5 - a. Revise the response to #5d as N /A; b. Revise the response for #5e from N/A to that currently under #5d; and c. Provide a response to #5f as N /A. 34. Response to Comprehensive Landscape Program criteria #1 - Unclear of statement in relation to the criteria. HOW is the proposed landcaping demonstrably more attractive than minimum code? 35 . Response to Comprehensive Landscape Program criteria #4 - Unclear of statement, in light of various areas not proposed to be planted or sparsely planted (see also Landscape comments). 36. Response to Comprehensive Landscape Program criteria #5 - Based on the plans for Sheet L1.1, I only count two rows of plantings (see also Landscape comments). 37 . Under the Termination of Status of Nonconformity requirements, the parking lots are to be brought into conformance with Landscape Code requirements. Code requires a maximum of 10 parking spaces in a row before a landscape island is introduced for interior landscaping. There are various areas where there are more than 10 spaces in a row. Need to revise to meet Code or include in the Comprehensive Landscape Program, with justification. Other: No Comments Development Review Agenda - Thursday, May 3, 2007 - Page 33 .c. Notes: This application is deemed suffict for the CDB. Submit revised plans and applion package no later than noon on 5/11/07 for review by CDB on 6/19/07. Development Review Agenda - Thursday, May 3, 2007 - Page 34 Wells, Wayne From: McMahan, Janet Sent: Thursday, May 03, 2007 7:07 AM To: Wells, Wayne Subject: RE: 445 Hamden Drive /504 S. Gulfview Blvd. Good Morning Wayne, Viewpoint Realty moved back in November 2005, to 645 Bayway Blvd. #A. spoke with the person at the front desk at 445 Hamden and Mr. Eanes rents a boat slip only and is only there occasionally. I'm not sure why the BTR was issued to a boat slip (maybe the DRT didn't know S -6 is a boat slip). The only commercial units being used that I could see are two. One is the laundry and the other is the front desk office. Janet - - - -- Original Message---- - From: Wells, Wayne Sent: Monday, April 30, 2007 7:43 PM To: McMahan, Janet Subject: 445 Hamden Drive /504 S. Gulfview Blvd. Janet - Viewpoint Realty has a current OCL at this address. It appears they may be gone however. Can you check it out. Also, there is a current OCL for a Charles H. Eanes in Unit S -6 at 445 Hamden Drive /504 S. Gulfview Blvd. for publishing cookbooks. Can you check him out too? Wayne 1:30 P m Case Number. FLD2007 -040 -- 445 HAMDEN DR Owner(s): Di Vello Land Trust So 3 o 07 400 Island Way # 703 Clearwater, F133767 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Representative: Housh Ghovaee 601 Cleveland Street Clearwater, F133755 TELEPHONE: 727 - 443 -2869, FAX: 727 - 446 -8036, E -MAIL: renee @northsideengineering.com Location: 1.79 acres located at the northeast corner of Hamden Drive and South Gulfview Boulevard. Atlas Page: 276A Zoning District: T, Tourist Request: (1) Termination of Status of Nonconformity for density (existing 62 -unit hotel to remain on the southern lot, where 44 units /rooms are permitted today), under the provisions of Section 6 -109; (2) Flexible Development approval to permit a mixed use development of 31 attached dwelling units on Parcel A and a 62 -unit hotel on Parcel B, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C, and to reduce xxx, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.0; and (3) Flexible Development approval to permit a multi -use dock in conjunction with the attached dwellings at 445 Hamden Drive for eight of the existing slips and a commercial dock in conjunction with existing hotel at 504 South Gulfview Blvd. for two of the existing slips (10 total existing slips), under the provisions of Section 3- 601.C.3. Proposed Use: Mixed use Neighborhood Clearwater Beach Association Association(s): Clearwater, Fl 33767 100 Devon Dr TELEPHONE: 443 -2168, FAX: No Fax, E -MAIL: papamuiphy @aol.com Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Presenter: Wayne Wells, Planner III Attendees Included: City: Wayne Wells, Neil Thompson, Scott Rice, Steve Doherty, Lenny Rickert, Rick Albee Applicant: Doreen Williams, Housh Ghovaee The DRC reviewed this application with the following comments: General Engineering: 1 . 1. No issues. Environmental: 1 . No Issues. Fire: I _ No Issues Harbor Master: 1 . On the 10 docks, I have several concerns: 1. There are no construction drawings of how they were built to determine if they are up to county code? 2. Is there adequate parking for both the retained slips and the 8 slips being sold? 3. Will there be lifts allowed in the slips? 4. Does the upland owner own the bottom land the docks are on? 5. How are the slips being sold going to be "controlled" for access and for complaints? 6. Are any of the slips being sold being used commercially or are they being used for recreational boat owners? 7. After the slips are sold, how do resales occur? Do they go back through the Upland property owner or are they unrestricted. My concern here is for the size vessel of use of the slip several owners over time. 8. Is there an intent to allow liveaboards? 9. Are there any restrictions on the use of the slips sold? Legal: 1 . No issues. Development Review Agenda - Thursday, May 3, 2007 - Page 31 Land Resources: 1 No Issues. Landscaping: 1 , Sheet L1.1 - Landscape areas along S. Gulfview Blvd. can be improved greater than shown: a. close to the intersection around the sign, shrubs and groundcovers can be planted; b. between the street intersection and the driveway, more than two rows of shrubs (with trees) can be planted in an 8.5 -foot wide area; c. area southeast of driveway can be improved with groundcovers and trees (trees planted outside of visibility triangle); and d. accent trees can be planted in the landscape area between the sidewalk and the pavement. 2. Sheet L1.1 - The landscape area along the east side of the hotel lot can be improved with shrubs (hedge) and trees (accent or palms). Need approval from engineering since this is an easement. 3 . Sheet L1.1 - Large area between the two buildings is not "ground cover" but "brick deck ". Revise. 4. Sheet L1.1 - Provide a legend for landscape materials. 5 . Need to enumerate the reductions requested under the Comprehensive Landscape Program: a. Increase the number of parking spaces in a row from 10 to xx (fill in the number); b. Reduction to the amount of interior landscape area for each lot from 10 percent to xx percent (be specific per lot); and c. Reduction to required foundation landscaping for the hotel building from a five -foot width to zero feet. Parks and Recreation: 1 . 4/30/07 - Parks and Recreation impact fees are past due on this project. A redevelopment has been completed on this project, changing 111 hotel/motel units to 31 residential units and 62 hotel/motel units. The total fee is $522,343.74 ($159,324.99 open space; $359,268.75 recreation land; $3,750.00 recreation facility). This fee is based upon the current just value of land and accordingly could change if not paid by October 31, 2007. This fee is past due in that it should have been paid at the time of redevelopment from hotel/motel units to residential units. Stormwater: 1 , No Issues. Solid Waste: 1 . That dumpster enclousure(s) needs to be brought up to City specifications. 2. That dumpster enclousure(s) needs to be constructed to City specifications. 3 , Dumpster enclosure shown in sight triangle 4. That dumpster service be arranged with the Solid Waste Department prior to the issuance of an occupational license or certificate of occupancy. Please contact Tom Glenn - 727 -562 -4930 Traffic Engineering: 1 . Provide handicapped parking stall and sign details compliant with City standards. (Part C Section 100, Index No. 118 &119) http: / /www.myclearwater. com/gov/ depts/ pwa /engin/Production/stddet/index. asp 2. H/C access aisle shall be to City standards. 3. Provide an accessible path from a building's accessible entrance to a public sidewalk compliant with Florida Accessibility for Building Construction Chapter 11, Section 11- 4.3.2. 4. Place ADA standard truncated domes where sidewalk crosses the driveways. 5. There shall be no objects in the sight triangle over the City's acceptable vertical height criteria. (City's Community Development Code, Section 3 -904). 6. Driveway width shall be 24' wide on Hamden Drive. Also install a channelized island to allow for a right -in and right -out movement. The above condition(s) to be addressed prior to a Community Development Board (CDB) hearing. Planning: General Note(s): 1) Applicant shall comply with the current Transportation Impact Fee Ordinance and fee schedule and paid prior to a Certificate of Occupancy (C.O.). 2) 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, May 3, 2007 - Page 32 1 . Applicant and owner n0 eed to decide what the use of the northern but ing is to be, either as an overnight accommodation use or as attached dwellings. As an overnight accommodation use, where length of stays are less than 30 days minimum, there would be no change of use from that originally. The site's website: www.docksideclearwaterbeach.com (and most likely the condominium documents), indicates there is "no minimum days for use for owner ", which is consistent with overnight accommodation uses. If this is desired, we need to fix some building permits and certificates of occupancy at a minimum, as well as some fees, but this application is not necessary under this scenario. If the applicant desires the use of the northern building as attached dwellings, then the site's website: www.docksideclearwaterbeach.com (and most likely the condominium documents) will need to be amended to reflect a minimum length of stay of owners or renters of 30 days. Under this scenario, the comments that follow need to be addressed. 2. Under the Termination of Status of Nonconformity requirements, the existing parking lots are to be brought into conformance with the landscaping requirements of the Code. If some requirements cannot be met, then a Comprehensive Landscape Program application must be submitted detailing what requirements are requested to be reduced or eliminated and how other areas are being enhanced beyond minimum Code requirements to off -set the deficit requested. 3 . Show the location of all outdoor lighting fixtures. 4. Sheet C1.1 - Site Data - a. Need an Overall Site column that at least provides info for Lot Area and Parking. b. If the surveyor is saying the attached dwelling "lot" is 39,000 square feet, then the acreage amount should be 0.895 acre (as the surveyor says, not 0.89 acre). Revise both the existing attached dwelling lot area and the required attached dwelling lot area. c. If the overall land area of both lots is 77,954 square feet (1.789 acres), then the southern hotel "lot" is 38,954 square feet, or 0.894 acres. Revise both the existing overnight accommodations lot area and the required overnight accommodations lot area. d. Under Existing Overnight Accommodations for Density, revise to indicate under 62 units "(69.35 units /acre) ". e. Under Required Overnight Accommodations for Density, revise to indicate "44 units" and then under that indicate "(50 units per acre) ". f. Under Existing Attached Dwellings for Density, revise to indicate under 31 units "34.63 du/acre) ". g. Under Required Attached Dwellings for Density, revise to indicate under 26 units "(30 du/acre) ". h. Under Required Overnight Accommodations for Parking Lot Interior Landscaping, include above 10% of VUA "1,965 square feet ". i. Under Required Attached Dwellings for Parking Lot Interior Landscaping, include above 10% of VUA "1,484 square feet ". j. Under Required Overnight Accommodations for Parking, under 1 /unit revise to "62 ". k. Under Existing Attached Dwellings for Parking, delete the "2 /unit" and revise to "72 ". 1. Under Required Attached Dwellings for Parking, add "2 /unit" and revise to "62 ". m. Under Overall Site for Parking, add "124 required" and "125 provided ". n. Under Parking Calculations, revise 31 attached dwellings: 31 x 2 = 62. Also add a note that parking on the attached dwelling lot will be shared with the hotel lot (easement). 5 . For a hotel with 62 units, 62 parking spaces are required. With such requirement, three handicap spaces are required. While some hotel parking spaces are located on the attached dwelling lot, all three handicap spaces should be on the hotel lot. Only two handicap spaces shown. Need to add one handicap space to the hotel lot. Likewise, for 31 dwelling units, where 62 parking spaces are required, three handicap spaces are required. Only two handicap spaces shown. Need to add one handicap space to the attached dwelling lot. Due to improvements necessary as outlined in the DRC comments, provided parking may fall below that required, and as such, a parking reduction is necessary. Need to include in the request and provide a parking reduction study. It may be assumed that the parking reduction requested may be for the attached dwellings. Sheet Al.1 - Why was the vinyl lap siding removed from the south side of the hotel building that was recently installed? What improvements are going to be made to this side of the building (which is nonattractive), as the existing material/color on this side does not match the rest of the building? Development Review Agenda - Thursday, May 3, 2007 - Page 33 That boats moored at the existing dock, lifts and/or slips for the northern eigth slips be for the exclusive use by the residents and/or guests of the condominiums at 445 Hamden Drive and not be permitted to be sub - leased, rented or sold separately from the condominiums; 17. Response to the General Applicability criteria #1 - Revise item d. Entrada - This project has been approved as a mixed use of 189 overnight accommodation units, restaurant, office and 77 attached dwellings with the attached dwelling building to be 128 feet in height. 18. Response to the General Applicability criteria #3 - Regarding the comment "With no improvements being made to the site", why cant improvements be made to the site that benefit the public from a visual standpoint, such as the installation of landscaping? 19. Response to the General Applicability criteria #4 - Need to address the overall property. There are two driveways for the northern lot for the attached dwellings. 20. Response to the General Applicability criteria #5 - In the next to last line, revise "raised" to "razed ". 21 . Response to the General Applicability criteria #6 - Unclear in the last part of the second sentence as to whether this development is compatible with Shephards or not and/or any inferences regarding Shephards as being good or bad. Advise /revise. 22. Potential condition of approval: That a Unity of Title document each be recorded in the public records for the hotel lot and the attached dwelling lot within 30 days of CDB approval; Development Review Agenda - Thursday, May 3, 2007 - Page 34 Signage for this (hotel lot and residential lot), which does noi'meet current Code 8 . project requirements, will need to be brought into conformance with Code requirements. Comprehensive Sign Program may be applicable (as a mixed use). This will be a condition of approval included in the staff report. There will be a time frame included to gain compliance soon, seeing as there were improvements made to the overall property and there are few improvements (landscaping and some restriping) to be made to the hotel lot. 9 . Viewpoint Realty has a valid, issued occupational license for a unit on the west side of the hotel building. It appears the business is closed, by looking through the windows, but unclear. An attached sign for the business is still there. Advise. 10. Revise the Description of Request in the 6th paragraph - Case FLD2004 -04023 was not approved for what you describe. This case was for the Termination of the Status of a Nonconformity for density within the Tourist District to permit the relocation of five overnight accommodation units from the southern building (Building A) to the northern building (Building B) (basically removing the restaurant and office on the second floor of the northern building to allow for the relocation of five overnight accommodation units from the southern building to the northern building) and the conversion of five overnight accommodation units in the southern building (Building A) to accessory storage and hotel office with associated reductions and increases. 11 . Revise the Description of Request in the 7th paragraph - Case FLD2005 -05051 was for (1) Termination of Status of Nonconformity for density (111 overnight accommodation units existing to be converted to 83 dwelling units, where 53 dwelling units are permitted today), under the provisions of Section 6 -109; and (2) Flexible Development approval to permit 83 attached dwellings, as a Comprehensive Infill Redevelopment Project. This was to permit 31 attached dwellings in the existing northern building and 52 attached dwellings in a new southern building. 12. Revise the Description of Request by relocating the 9th paragraph (last paragraph) before the 8th 13 . paragraph for timeline correctness. Revise the Description of Request by expanding the 8th paragraph, which should be now the last paragraph, to detail out the specifics of this application, including how we got to this point. 14. Regarding the existing docks, whose boats are presently in the slips? If they are not owned by the attached dwelling condominium owners at 445 Hamden Drive or are not guests of the hotel at 504 S. Gulfview Blvd., where they are not renting, leasing or owning the slips they are in, then I would assume these boats will be leaving soon, as they will not be allowed to stay. Please 15. elaborate and confirm. Docks - Will the southern two slips be for the hotel and the northern eight slips be for the attached dwellings? Need to designate. 16. Potential condition of approval: That use of the southern two slips at the existing docks be for exclusive use for the mooring of boats by guests of the hotel at 504 South Gulfview Boulevard and that these two southern slips at these docks are not permitted to be rented, leased or sold separately from use by guests of the hotel; That boats moored at the existing dock, lifts and/or slips for the northern eigth slips be for the exclusive use by the residents and/or guests of the condominiums at 445 Hamden Drive and not be permitted to be sub - leased, rented or sold separately from the condominiums; 17. Response to the General Applicability criteria #1 - Revise item d. Entrada - This project has been approved as a mixed use of 189 overnight accommodation units, restaurant, office and 77 attached dwellings with the attached dwelling building to be 128 feet in height. 18. Response to the General Applicability criteria #3 - Regarding the comment "With no improvements being made to the site", why cant improvements be made to the site that benefit the public from a visual standpoint, such as the installation of landscaping? 19. Response to the General Applicability criteria #4 - Need to address the overall property. There are two driveways for the northern lot for the attached dwellings. 20. Response to the General Applicability criteria #5 - In the next to last line, revise "raised" to "razed ". 21 . Response to the General Applicability criteria #6 - Unclear in the last part of the second sentence as to whether this development is compatible with Shephards or not and/or any inferences regarding Shephards as being good or bad. Advise /revise. 22. Potential condition of approval: That a Unity of Title document each be recorded in the public records for the hotel lot and the attached dwelling lot within 30 days of CDB approval; Development Review Agenda - Thursday, May 3, 2007 - Page 34 Notes: 23 . Potential condition of approval: 9 That hedges and other landscaping (not including trees) on the northern portion of the attached dwelling lot be maintained to a maximum height of three feet to provide continued views of the water by adjacent property owners and tenants /guests. Landscape materials along the north and east sides of the attached dwelling lot shall be of a type that minimizes insect and maintenance debris impacts on the neighbor to the north; 24. Potential condition of approval: That existing attached and freestanding signage be brought into compliance with current Code requirements within 120 days of CDB approval for both the hotel lot and the attached dwelling lot and any future freestanding sign be a monument -style sign a maximum four feet in height, designed to match the exterior materials and colors of the building, unless approved through a Comprehensive Sign Program (if available); 25 . Potential condition of approval: That the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, license and the City's occupational license be amended to reflect the change in number of units /rooms, within 30 days of CDB approval, for only the southern building; 26. Potential condition of approval: That a maximum of 62 total units /rooms be provided at this hotel/motel (southern building); 27. Potential condition of approval: That any future change of use to attached dwellings for the hotel lot (southern parcel) be developed with five (5) less dwelling units than permitted under maximum density regulations. Such use /denisty restriction shall be recorded as a Deed Restriction, or other form, as approved by the City Attorney within 30 days of CDB approval; 28 . Potential condition of approval: That the condominium documents for the northern attached dwelling lot be amended to require a minimum rental/lease /owner stay of 30 days; 29. Potential condition of approval: That easements for cross - drainage, cross - access, cross - parking and pool access between the two lots be recorded in the public records within 60 days of CDB approval; 30. Response to Comprehensive Infill Redevelopment Project criteria #2 - Revise the last word in the second sentence from "raised" to "razed ". 31 . Response to Comprehensive Infill Redevelopment Project criteria #3 - In deference to the last sentence, the Entrada project to the south still must construct a new building on the west side of their site for a 77 attached dwellings. 32. Response to Comprehensive Infill Redevelopment Project criteria #4 - Suggest removal of the word "restaurant" after Shephards in the second sentence. It is also noted there is another existing (and remaining as a) hotel directly south of this property at 521 S. Gulfview Blvd. that should also be mentioned (not just Shephards and this motel). In the last sentence it is unclear whom "They" are referring to in the context of the comment. 33 . Response to Comprehensive Infill Redevelopment Project criteria #5 - a. Revise the response to #5d as N /A; b. Revise the response for #5e from N/A to that currently under #5d; and c. Provide a response to #5f as N /A. 34. Response to Comprehensive Landscape Program criteria #1 - Unclear of statement in relation to the criteria. HOW is the proposed landcaping demonstrably more attractive than minimum code? 35 . Response to Comprehensive Landscape Program criteria #4 - Unclear of statement, in light of various areas not proposed to be planted or sparsely planted (see also Landscape comments). 36. Response to Comprehensive Landscape Program criteria #5 - Based on the plans for Sheet L1.1, I only count two rows of plantings (see also Landscape comments). 37. Under the Termination of Status of Nonconformity requirements, the parking lots are to be brought into conformance with Landscape Code requirements. Code requires a maximum of 10 parking spaces in a row before a landscape island is introduced for interior landscaping. There are various areas where there are more than 10 spaces in a row. Need to revise to meet Code or include in the Comprehensive Landscape Program, with justification. Other: No Comments Development Review Agenda - Thursday, May 3, 2007 - Page 35 Wells, Wayne From: Kambourolias, Sam Sent: Tuesday, May 01, 2007 1:30 PM To: Wells, Wayne Subject: New Update Aerial.doc C Wells, Wayne • From: Wells, Wayne Sent: Monday, April 30, 2007 5:40 PM To: Kambourolias, Sam Subject: FLD2007- 04012, 445 Hamden Drive & 504 S. Gulfview Blvd. Sam - Just like you did for me at 521 S. Gulfview Blvd. by updating the aerial view, can you update the aerial for this case also? I have copied all of the other maps you normally make and just changed the information to the new application. I have not changed the information (case number or acreage) on this aerial sheet yet (will do when you update the aerial). Wayne Aerial Map.doc • Wells, Wayne From: Morris, William D. Sent: Wednesday, April 25, 2007 3:42 PM To: Wells, Wayne Cc: Yellin, Catherine Subject: FLD2007 -04012 455 Hamden Dr • Wayne, I could not find RFH listed anywhere, could you forward the few comments, thanks, Bill M On the 10 docks, I have several concerns; 1. There are no construction drawings of how they were built to determine if they are up to county code? 2. Is there adequate parking for both the retained slips and the 8 slips being sold? 3. Will there be lifts allowed'in the slips? 4. Does the upland owner own the bottom land the docks are on? 5. How are the slips being sold going to be "controlled" for access and for complaints? 6. Are any of the slips being sold being used commercially or are they being used for recreational boat owners? 7. After the slips are sold, how do resales occur? Do they go back through the Upland property owner or are they unrestricted. My concern here is for the size vessel of use of the slip several owners over time. 8. Is there an intent to allow liveaboards? 9. Are there any restrictions on the use of the slips sold? File Edit View Favorites Tools Help Back - _} - Q N I Search M Favorites emedia ( Q- (5 10 - !.d Address Mhttp: jjwww .docksideclearwaterbeach.comj A, ` at rfr ft Value appreciation and an opportunity to own your own condominium in one of the Premier areas of Florida is awaiting you at an affordable- pricel Views from your Living Room and Private Balconies (Some units are without balconies) (Pictures were taken in the model 601) it, 2 and 3 Bedrooms Pets Allowed' No Minimum clays: for use for owner Great Reatal Investment or a New Homel Hurry they won't last long at this price! _1.o.1J I r,;�Go ( Links "I I Attention Boaters! B Be4 L 0 . � I Park your boat directly in front of your condo! Dee Water Boat Slips Available 30 b P P .J, Done F F I Iii Internet I ;� Start J J 27-511 " % - Micros... I ■Tidemark Adv... I Myrtle S. 610 ... I ENPendingcases I Ea FLD2007- 040... I Q FLD2007- 040... 3:1112 PM Welcome to ... 4i; 0 9 d Ptn,llas County Property Appraiser Information: 08 29 15 17640 000 0040 Page 2 of 6 • • 08 / 29 / 15 1 17040 / 000 1 0040 30- Apr -2007 Jim Smith, CFA Pinellas County Property Appraiser 17:22:31 Ownership Information Non - Residential Property Address, Use, and Sales DI UELLO LAND TRUST OBK: 13769 OPG: 2036 DI UELLO, FULUIO THE 400 ISLAND WAY # 703 CLEARWATER FL 33767 -2134 EVAC: A EUAC Comparable sales value as Prop Addr: 445 HAMDEN DR of Jan 1, 2006, based on Census Tract: 260.02 sales from 2004 - 2005: 0 Sale Date OR Book /Page Price (Qual /UnQ) Vac /Imp Plat Information 2 /2,001 11,227 12,563 7,950,000 (Q) I 1952: Book 031 Pgs 016- 1011,986 6,3501 984 560,000 (U) U 0000: Book Pgs - 11/1,983 5,636 {2,187 422,500 (U) U 0000: Book Pgs - 0 /0 01 0 0 { ) 2006 Value EXEMPTIONS Just /Market: 9,957,900 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed /Cap: 9,957,900 Institutional Exem: NO Tax Exempt: .000 Historic Exem: 0 Taxable: 9,957,900 Agricultural: 0 2006 Tax Information District: CW Seawall: Frontage: Bay Clearwater View: 06 Millage: 21.7640 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 216,723.74 1) 240 x 120 150. 00 77,897. 14 S Special Tax .00 2) 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save -Our -Homes 4) 0 x 0 .00 .00 cap, 2006 taxes will be : 5) 0 x 0 .00 .00 216, 723.74 6) 0 x 0 . 00 . 00 Without any exemptions, 2006 taxes will be 216, 723. 74 Short Legal COLUMBIA SUB NO. 5 LOTS 4 THRU 11 INCL AND Description RIP RTS AND LAND ADJ SE'LY DESC BEG SE CDR LOT 11 TH Building Information 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... 4/30/2007 Pin*11as County Property Appr iser Information: 08 29 15 17640 000 0040 Page 3 of 6 wsP Pro erty_ andLandU_ Use Code. descriptions . Buildinl;__1. . Bui1_dp�..2. Building #1 08 I 29 / 15 1 17040 000 ! 0040 :01 30- Apr -2007 Jim Smith, CFA Pinellas County Property Appraiser 17:22:31 Commercial Card 01 of 2 Improvement Type: Motel /Hotel ) 3 St Property Address: 445 HAMDEH DR Prop Use: 312 Land Use: 39 Structural E 1�mcnt s Foundation Special Footing Floor System Structural Slab Exterior Wall Conc Block /Stucco Height Factor 0 Party Wall Hone Structural Frame Concrete Reinforced Roof Frame Gable & Hip Roof Cover Custom Cabinet & Mill Average Floor Finish Carpet Interior Finish Drywall Total Units 44 Heating & Air Heating &Cooling Pckg Fixtures 209 Bath Tile Floor + Half Wall Electric Average Description Factor Shape Factor Rectangle 1) Quality Average 1.00 Year Built 11988 Effective Age 10 Other Depreciation 0 Function Depreciation 70 Economic Depreciation 0 Sub Ara✓as Commcrciatl E�ctra Fcatures Description Factor Area 1) Description Factor Area 1) Base Area 1.00 41,481 7) .00 0 2) Open Porch .30 8,734 8) .00 0 3) Utility .55 538 9) .00 0 4) Carport . 30 12,891 10) . 00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 Commcrciatl E�ctra Fcatures Building #2 Units Description Dimensions Price 1) DOCK 4248SF 40.00 2) SPAIJACJHT 11,380 17,500. 00 3) COHC PAVE 12800SF 4.00 4) ELEU PASS 6STOPS 30,000.00 5) ELEU STOP 6STOPS 3,500.00 6) 0 0 .00 Building #2 Units Value RCD Year 4,248 169,920 110,450 1,992 1 17,500 11,380 1,992 121800 51,200 51,200 1,988 2 60,000 39,000 1,992 12 42,000 27,300 1,992 0 0 0 0 TOTAL RECORD VALUE: 239,330 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... 4/30/2007 Pix?, -111as County Property Appraiser Information: 08 29 15 17640 000 0040 Page 4 of 6 • • 08 / 2 / 15 / 17040 / 000 / 0040 :02 30- Apr -2007 Jim Smith, CFA Pinellas County Property Appraiser 17:22:31 Commercial Card 02 of 2 Improvement Type: Motel /Hotel > 3 St Property Address: 504 S GULFUIEW BLVD Prop Use: 312 Land Use: 39 Structural E1E3mEents Foundation Special Footing Floor System Slab on Grade Exterior Wall Conc Block /Stucco Height Factor 0 Party Wall Hone Structural Frame Concrete Reinforced Roof Frame Reinforced Concrete Roof Cover Built Up /Composition Cabinet & Mill Average Floor Finish Carpet Combination Interior Finish Drywall Total Units 62 Heating & Air Heating &Cooling Pckg Fixtures 201 Bath Tile Floor and Wall Area Electric Average Description Factor Shape Factor Rectangle 1) Quality Average 1. 00 Year Built 1,974 Effective Age 20 Other Depreciation 5 Function Depreciation 0 Economic Depreciation 0 Sub Aromas Commercial Extra Fclturs Description Factor Area 1) Description Factor Area 1) Base Area 1. 00 20,700 7) . 00 0 2) Utility . 55 700 8) .00 0 3) Open Porch . 30 7, 300 9) . 00 0 4) Utility .40 2,295 10) .00 0 5) Canopy .25 405 11) .00 0 6) . 00 0 12) .00 0 Commercial Extra Fclturs Map With Property Address (non- vacant) COMMISSION, Units Description Dimensions Price 1) ASPHALT 12200SF 1.75 2) FENCE 40OLF 5. 00 3) ASPHALT i000SF 1.75 4) DOCK 1284SF 40. 00 5) CONC PAVE 730SF 4.00 6) ELEU PASS 5 -STOP 30,000.00 Map With Property Address (non- vacant) COMMISSION, Units Value RCD Year 12,200 21,350 21,350 1,974 400 2,000 880 1,974 11000 1,750 1,750 1,974 1,284 51,360 22,600 1,974 730 21920 2,920 1,974 2 60,000 26,400 1,974 TOTAL RECORD VALUE: 75,900 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... 4/30/2007 Pi�ellas County Property App er Information: 08.29 15 17640 000 0040 Page 5 of 6 k jL r v I A' Dp S �4D BLVD DR "I H A M OOE N 1Dq U FVIEW �LVD -.w 777, A 455 GULFVIEW BLVD 1/8 Mile Aerial Photograph (2002) I http:Hl 36.174.187.13/htbin/cgi-scr3?o=l&a=l&b=l&c=l&r--. 16&s=4&t3=1&u=0 &p=08... 4/30/2007 ?im. 11as C©urty Property Ap1 er Info-matbn: 08 24 15 176 0 000 0(40 Pa,,e 5 of 6 • P inella i Cuunty Property Appraiser Parcel Into rmation Back to Search Paae An explanatic +n of :his scr -.en httf-: //136.17 .IE7- 13/htbin/cg scr= ?o= 1 &a= l&b= 1.&c =l &r= 16 &sue &t3= 1 &i= 0- ip =)8... 4/30:2007 CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, June 19, 2007, beginning at 1:00 p.m., in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida, to consider the following requests: NOTE: All persons wishing to address an item need to be present at the BEGINNING of the meeting. Those cases that are not contested by the applicant, staff, neighboring property owners, etc. will be placed on a consent agenda and approved by a single vote at the beginning of the meeting. 1. Fulvio DiVello, THE & DiVello Land Trust are requesting (1) Termination of Status of Nonconformity for density (existing 62 -room hotel at 504 S. Gulfview Blvd. to remain on the southern lot [Parcel B], where 44 rooms are permitted today), under the provisions of Sec. 6 -109; (2) Flexible Development approval to permit a Mixed Use of 31 attached dwellings at 445 Hamden Dr. [Parcel A] and a 62 -room hotel at 504 S. Gulfview Blvd. [Parcel B], with the following: ■ Parcel A (445 Hamden Dr.) (a) reductions to the front (west along Hamden Dr.) setback from 15 ft to 5 ft (to existing pavement) and to zero ft (to existing trash staging area); (b) a reduction to the side (north) from 10 ft to 3 ft (to existing pavement); (c) a reduction to the side (south) setback from 10 ft to zero ft (to patio deck); (d) a reduction to the rear (east) setback from 20 ft to 7 ft (to existing pavement); (e) an increase to building ht from 35 ft to 67 ft; and (f) a reduction to the required interior landscape area from 10% to 3.7% of the vehicular use area, as a Comprehensive Landscape Program, under the provisions of Sec. 3- 1202.G; and ■ Parcel B (504 S. Gulfview Blvd.), (a) a reduction to the front (west along Hamden Dr.) setback from 15 ft to zero ft (to existing pavement); (b) a reduction to the front (south along S. Gulfview Blvd.) from 15 ft to 8.5 ft (to existing pavement); (c) a reduction to the side (north) setback from 10 ft to zero feet (to existing patio deck); (d) a reduction to the side (east) setback from 10 ft to 2.5 ft (to existing pavement); (e) an increase to building ht from 35 ft to 62 ft, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec. 2- 803.C; and (f) a reduction to the required interior landscape area from 10% to 2.6% of the vehicular use area, a reduction to the foundation planting width along the west and south sides of the hotel building on Parcel B from 5 ft to zero ft and to allow more than 10 parking spaces in a row without an intervening landscape island (3 locations), as a Comprehensive Landscape Program, under the provisions of Sec. 3- 1202.G; and (3) Flexible Development approval to permit a multi -use dock in conjunction with the attached dwellings at 445 Hamden Dr. [Parcel A] for 8 of the existing slips and a commercial dock in conjunction with existing hotel at 504 S. Gulfview Blvd. [Parcel B] for 2 of the existing slips (10 total existing slips), under the provisions of Sec. 3- 601.C.3. . (Proposed Use: Mixed Use of 31 attached dwellings at 445 Hamden Dr. [Parcel A] and a 62- room hotel) at 504 S. Gulfview Blvd [Parcel B]., Columbia Sub No. 5 Lots 4 — 11 Incl and Rip Rts. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2007 -04012 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Sec 4 -206 states that party status shall be granted by the Board in quasi-judicial cases if the person requesting such status demonstrates that s/he is substantially affected. Party status entitles parties to personally testify, present evidence, argument and witnesses, cross - examine witnesses, appeal the decision and speak on reconsideration requests, and needs to be requested and obtained during the case discussion before the CDB. An oath will be administered swearing in all persons giving testimony in quasi-judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave.; Clearwater, FL 33756. Please contact the case presenter, at 562 -4567 to discuss any questions or concerns about the project and/or to better understand the proposal and review the site plan. Michael Delk Cynthia E. Goudeau, MMC Planning Director City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758 -4748 NOTE: Applicant or representative must be present at the hearing. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562 -4093 WITH THEIR REQUEST. To learn more about presenting to Clearwater boards and City Council, go to http:// clearwater .granicus.com/ViewPublisher.php ?view id =11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. 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NORMAN SCHAAF, SMICHAEL L AVOIE, ROSEMARIE P ,MICHAEL MUDIE, AUDREY OLD MOUNTAIN RD PO BOX 450 S GULFVIEW BLVD # 506 P O BOX 331 TAMPA FL 33684 - 5736 CLEARWATER FL 33767 - 2524 EASTHAMPTON MA 01027 - 0331 ��:HAFFER, GEORGE A SCHNEIDER, ROGER B SCHULTE, CHARLES W 675 S GULFVIEW BLVD # 406 SCHNEIDER, LYNETTE V S SCHULTE, COLLEEN M 1675 CLEARWATER FL 33767 - 2657 440 S GULFVIEW BLVD #707 3723 LAKEWOOD SHORES DR CLEARWATER FL 33767 - 2513 HOWELL MI 48843 - 7889 SCHWALBE, MARTIN E SCIBA; ROBERT E .SCHWALBE, GLENDA J SCHWARTZ, JOHN SCIBA, JANE L 139 HAMILTON RIVER RD 145 MARINA DEL RAY CT 47647 PINE CREEK CT LABRADOR NL AOP 1 EO 00030 - CLEARWATER FL 33767 - 2944 NORTHVILLE MI 48168 - 8527 Cr�NADA 'K;ICCHITANO, ANTHONY F SCIMONE, PETER L ;;;;ICCHITANO, JANICE M SCIMONE, ROSALIE L SCOURTES, GEORGE 701 ASTON AVE 18555 ALEXANDER RD 440 S GULFVIEW BLVD # 305 PLANT CITY FL 33566 - 9594 WALTON HILLS OH 44146 - 5351 CLEARWATER FL 33767 - 2509 Si�URYNCK, ELIZABETH THE SEYER CORP SGOUPIS, JAMES i40 S GULFVIEW BLVD # 1101 80 MAIN ST SGOUPIS, ANNE. LEARWATER FL 33767 - 2516 MILLVILLE PA 17846 - 137 93RD ST BROOKLYN NY 11209 - 6201 S'iAPPY, WILLIAM A SHAW, WILLIAM M SNAPPY, PATRICIA L SHAW, GEORGINA 818 N ERIC A 10 3 109 CHENEY HILL LN 450 S GULFVIEW BLVD #1508 3818 NW 109TH ST F;UTLAND VT 05701 - 8847 CLEARWATER FL 33767 - 2530 URBANDALE IA 50322 - 1sHEPHARD, WILLIAM M THE SHERRY, BEATRICE SHIRSAT, SHAM S 619 S GULFVIEW BLVD - 828 WATER ST SHIRSAT, MADHAVI S } LEARWATER FL 33767 - 2643 MEADVILLE PA 16335 - 3452 28 CAMBRIDGE DR OAK BROOK IL 60523 - 1705 i l SIDKY, EMIL Y SIDKY, SONYA M 5451 S WOODLAWN AVE # 3 CHICAGO IL 60615 - 5209 SIMON, RICHARD A 1474 S PAIRIE AVE #D CHICAGO IL 60605 - 2884 SMERLING, GEORGETTE 38 OLD DAIRY RD TRUMBULL CT 06611 - 4954 SOLIMAN FAMILY ENTERPRISES LLC 7533 JOMEL DR SPRING HILL FL 34607 - 2018 STACH, ISABELLE M 2134 ANDREWS CT DUNEDIN FL 34698 - 4839 STRAMAGLIA, JOHN STRAMAGLIA, JEANNINE L 4025 GOSS SCHILLER PARK IL 60176 - 1827 SUN WEST PALMS DEV LLC 100 BAYSIDE DR CLEARWATER FL 33767 - 2501 i" W /BEACH RESIDENCES - CLEARWATE 877 EXECUTIVE CENTER DR ST PETERSBURG FL 33702 - 2460 TIDD; JAMES A TIDD, VICKI A 5861 ROGERS RD JAMESTOWN OH 45335 - 8713 IPSILVONEN, LINDA J 26501 S RIVER RD HARRISON TOWNSHIP MI 48045 - 5613 SIRABELLA, LOUIS SIRABELLA, JEANETTE C 750 ISLAND WAY # 501 CLEARWATER FL 33767 - 1821 SOBIESZCZYK, HARRY A JR SOBIESZCZYK, BARBARA L 581 N 4TH AVE ADDISON IL 60101 - 2273 SOLU, EMINE F THE SOLU, SULEYMAN S THE 450 S GULFVIEW BLVD #1603 CLEARWATER FL 33767 - 2531 STAMIS, CONSTANTINE STAMIS, ETHEL R 505 MANAWA TR MT PROSPECT IL 60056 - 3719 SUESS, BERNARD H 1100 OLD POST RD PERKASIE PA 18944 - 1582 SUTHERLAND, JOHN J SUTHERLAND, PEGGY E 450 S GULFVIEW BLVD #1504 CLEARWATER FL 33767 - 2530 THOMAS, FRANKLIN J THOMAS, JOYCE E 8364 GOLDEN PRAIRIE DR TAMPA FL 33647 - 3241 TIDSWELL INC 419 CORONADO DR CLEARWATER FL 33767 - 2506 loSIMMONS, JEAN M MC CULLOUGH, GARY S 857 SUNDANCE CIR OSHAWA ON L1 J 8B5 00030 - CANADA �SLEDZ, WILLIAM H SLEDZ, SHARON R 450 S GULFVIEW BLVD # 307 CLEARWATER FL 33767 - 2521 SOFRONAS, JAMES SOFRONAS, CHRISTINE 431 GULFVIEW BLVD CLEARWATER FL 33767 - 2508 SPRING TIDE INVESTMENTS IV LLC 622 BYPASS RD # 100 CLEARWATER FL 33764 - 5002 STOVER, CHRISTIAN LEE 3106 TAMBAY AVE TAMPA FL 33611 - 1538 SUMMER, CLAIRE D TRUST 7635 EADS AVE # 106 LA JOLLA CA 92037 - 4831. SYKES, WILLIAM E SYKES, HELEN N 421 HAMDEN DR CLEARWATER FL 33767 - 2537 THOMAS, NABIL S THOMAS, SAMIA 440 GULFVIEW BLVD # 504 CLEARWATER FL 33767 - 2510 TIKRITI, GARY D THE 2849 CHANCERY LN CLEARWATER FL 33759 - 1427 TIRUPATHI, PANEENDRA FAMILY TR TIRUPATHI, SIRISH K TRAKAS, ANNA THE SRIVANI 8186 ELISABETH LN TIRUPATI, 1616 SHERIDAN RD # 10G LARGO FL 33777 - 1352 2133 GLENCOE HILLS DR # 6 WILMETTE IL 60091 - 1851 ANN ARBOR MI 48108 - 1043 TRUHAN, JOSEPH G 440 S GULFVIEW BLVD #1007 CLEARWATER FL 33767 - 2516 VASILAROS, JACK VASILAROS, SOPHIA 119 BAYSIDE DR CLEARWATER FL 33767 - 2502 WECHSLER, RENATE THE 450 S GULFVIEW BLVD # 1101 CLEARWATER FL 33767 - 2528 WEIS, JAY B WEIS, ERIK J 2227 7TH ST NW ROCHESTER MN 55901 - 0206 WILK, THOMAS J WILK, STASIA 451 HARBOR DR S INDIAN ROCKS BEACH FL 33785 - 3118 WOLAK, CARRIE A 42 EVERGREENE WALLINGFORD CT 06492 - 2975 WYROZEMSKI, WALTER WYROZEMSKI, MARY 450 S GULFVIEW BLVD # 1107 CLEARWATER FL 33767 - 2528 SHLMAN, JAMES P UHLMAN, SUSAN C 2399 COLLINS DR WORTHINGTON OH 43085 - 2808 VASILAROS, SOPHIA VASILAROS, JACK 111 BAYSIDE DR CLEARWATER FL 33767 - 2502 WEEDEN, SAM W WEEDEN, BETTIE 1 440 S GULFVIEW BLVD #703 CLEARWATER FL 33767 - 2513 WERTH, KENNETH D WERTH, PAMELA A 120 BARRINGTON CIR ALPENA MI 49707 - 4101 WILLARD, GILLIAN M 440-S GULFVIEW BLVD #807 CLEARWATER FL 33767 - 2514 WOOLUM, KAYETTE 201 DEAN HILL DR PINEVILLE KY 40977 - 1812 YANTEK, MINERVA 450 S GULFVIEW BLVD #1008 CLEARWATER FL 33767 - 2528 ZAMMIT, ALFRED G ZIELINSKI, DETLEF R ZAMMIT, DAVID ZIELINSKI, MONIKA 1900 THE COLLEGE WAY # 1805 440 S GULFVIEW BLVD #805 MISSISSAUGA ON L51- 5Y8 00030 - CLEARWATER FL 33767 - 2513 CANADA ZUGALJ, IVON J ZUGALJ, MILKA 1044 E 165TH ST SOUTH HOLLAND IL 60473 - 2573f OUSHER, CEDRIC USHER, SHEILA 40 CASTLE AVE CLONTARF DUBLIN 3 00003 - IRELAND WARD, THOMAS G 2817 ROEHAMPTON CLOSE TARPON SPRINGS FL 34688 - 8426 WEGLARZ, RUSSELL J WEGLARZ, LAURIE A 13410 WOOD DUCK DR PLAINFIELD IL 60585 - 7766 WHITE, FREDERICK T WHITE, LINDA M 440 S GULFVIEW BLVD # 1806 CLEARWATER FL 33767 - 2520 WILLIAMS, MARCUS DOYLE WILLIAMS, CARMEN M 9005 STONELEIGH CT FAIRFAX VA 22031 - 3243 WOOLUM, KERRY L WINKLER, DWIGHT L 528 KENTUCKY AVE PINEVILLE KY 40977 - 1343 YOWELL, KENNETH P YOWELL, CINDY W 132 ALBEMARLE DR PENLLYN PA 19422 - 1 127 ZIMMERMANN, GUNDER 12912 CASTLEMAINE DR TAMPA FL 33626 - 4470 6/18/2007 Please find attached copies of all my current certifications and continuing education documents. Please also note that I had two major back surgeries. Once in February of 2004 and again in December of 2006 .I have attached letters and documents to support this. I believe I am only short two hours of L &R. I would hope that you would count the hours I was able to obtain in early 2005, as I was not able to attend any schooling because of serious back problems. I still have until November 2007 to obtain more? And I have signed up for some, which will include the two hours needed in L &R. I have included my business card with an e -mail address. Please let me know what else I need to do? Page 1 of 1 Wells, Wayne From: The Beachouse [stay @thebeachouse.com] Sent: Tuesday, June 19, 2007 4:44 PM To: Wells, Wayne Subject: outside lights at 445 Hamden drive Dear Mr. Wells - - -- -The outside lights - - -- -need to be brought up to city code - -- -the light in the northeast corner shines directly into my living room when it is working - -it is now bent and almost touching our deck - - - -at present it is not in working condition - - - - -- actually the other light at the north end does not work either and it also would shine onto our property. Thank you for any assistance in the regard. - - - -- Best always Bill Sykes 6/20/2007 0 0 Wells, Wayne From: Wells, Wayne Sent: Tuesday, June 19, 2007 8:29 AM To: 'wsykes @thebeachouse.com' Subject: FLD2007- 04012, 445 Hamden Drive MR Attached is the Staff Report for the above case. Wayne TE Hamden 445 Staff Report.doc • . Page 1 of 1 Wells, Wayne From: Bill Sykes [wsykes @thebeachouse.com] Sent: Tuesday, May 29, 2007 10:33 AM To: Wells, Wayne Subject: Outside Lighting at 445 Hamden Drive Dear Mr. Wells - - - - -- -When the property at 445 Hamden Drive is completed - - -- we would like to make sure the outside lighting is brought up to code. Thank you for your assistance. Best always Bill Bill and Helen Sykes The Beachouse 421 Hamden Dr. Clearwater Beach, FL 727 461 -4862 5/29/2007 • Page 1 of 1 Wells, Wayne From: The Beachouse [stay @thebeachouse.com] Sent: Tuesday, June 12, 2007 10:57 AM To: Wells, Wayne Subject: landscaping @ 445 Hamden Drive - - -- parcel A - - -- Public hearing June 19 07 Dear Mr. Wells -- - - - -In reference to the previous approval for the above parcel - -- -the landscaping of the parking area at the north end of the building - - - -- which included the - -- Waterfront area - -- Hamden Drive area - -- -The north property line -- -was to be maintained at 3 feet for the vista view. We would like to this provision continued in this new proposal. Thank you - - -- -Bill and Helen Sykes 421 Hamden Drive Clearwater Fl. 33767 6/12/2007 ICJ EXHIBIT "3" The undersigned incorporator, for the purposes of forming a corporation not for profit pursuant to the laws of the State of Florida, hereby adopts the following Articles of Incorporation: ARTICLE 1 NAME The name of th M corporation shall be DOCKSIDE CONDOM NR ASSOCIATION CLEARWATER BEA H, INC., and its principal office address shall .be 445 Hamden Drive, Clearwater Beach, FL 3767. For convenience, the corporation shall be referred to in this instrument as the "Association ", these Articles of Incorporation as the "Articles ", and the By -Laws of the Association as they 'By- Laws ". ARTICLE 2 PURPOSE The purpose for hick the Association is organized is to provided an entity pursuant to the Florida Condominium Act as it exists on the date hereof (the "Act ") for the operation of that certain condominium located in Pinellas County, Florida, and known as DOCKSIDE, a Condominium (the "Condominium "). ARTICLE 3 DEFINITIONS The terms used i i these Articles shall have the same definitions and meaning as those set forth in the Declaration) of the Condominium to be recorded in the Public Records of Pinellas County, Florida, unless heroin provided to the contrary, or unless the context otherwise requires. ARTICLE 4 POWERS The Association all have the following powers and shall be governed by the following: (a) To exercise and have all of the common law and statutory powers and duties of a corporation not for profit organized under the laws ofthe State ofFlorida that are not in conflict with the terms of the Declaration, these Articles, the Bylaws of the Association and the Act. (b) To exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Condominium of DOCKSIDE, a Condominium, hereinafter called the "Declaration ", applicable to the property and recorded or to be recorded in the Public Records of Pinellas, Florida and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; (c) To fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant tot terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including but not limited to all licenses, taxes or governmental charges levied or imposed against the property of the Association; (d) To maintain, repair and operate the property of the Association; ORIGINAL RE @NFI) APR 0 2 2007 PLANNING I)EPAWIMENT CITY OF CLEARWATER • (e) To purchase insurance upon the property of the Association and insurance for the protection of the Association and its members as Owners; (f) To reconstruct improvements after casualty and make further improvements upon the property; (g) To enforce by legal means the provisions of the Declaration, and the Articles of Incorporation and Bylaws of the Association, and the rules and regulations adopted pursuant thereto; (h) To employ personnel to perform the services required for proper operation of the Association; (i) To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, l se, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; 0) To borrow oney, and with the assent of two-thirds (2/3) of the members mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred: (k) To dedicate, dell or transfer all or any part of the Common Area to any public agency, authority, or utility for s ich purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of each class of members, agreeing to such dedication, sale or transfer, (1) To participate) in mergers and consolidations with other nonprofit corporations organized for the same purposes or annex additional residential property and Common Area, provided that any such merger, consolidafil n or annexation shall have the assent of two- thirds (2/3) of each class of members; (m) To operate and maintain the surface water management system facilities, including all inlets, ditches, swales, culverts, water control structures, retention and detention areas, ponds, lakes floodplain compensatior areas, wetlands and any associated buffer areas, and wetland mitigation areas; (n) All funds and the title to all properties acquired by the Association and their proceeds shall be held for.the be4efit and use of the members in accordance with the provisions of the Declaration, these Articl, s and the By -Laws; (o) The Association 'shall make no distribution of income to its members, directors or officers, and upon dissolution, all assets of the Association shall be transferred only to another non- profit corporation or a public agency or as otherwise authorized by the Florida not for Profit Corporation Statute; and) (p) The powers f the Association shall be subject to and shall be exercised in accordance with the provisions hereof and of the Declaration, the By -Laws and the Act, provided that in the event of conflict, the provisions of the Act shall control over those of the Declaration and By -Laws. ARTICLE 5 MEMBERS 5.1 Members iU. The members of the Association shall consist of all of the record title owners of Units in the Condominium from time to time, and after termination of the Condominium, shall also consist of those who were members at the time of such termination, and their successors and assigns. 5.2 Assi ng ment. The share of a member in the funds and assets of the 00MNAL RECEIVED APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER cannot be' assigned, hypothecated or transferred in any manner except as an anourtenance to the Unit for which that share is held. 5.3 Voting. 9n all matters upon which the membership shall be entitled to vote, there shall be only one (1) vote for each Unit, which vote shall be exercised or cast in the manner provided by the Declaration and By -Laws. Any person or entity owning two (2) or more residential Units shall be entitled to one vote for each Unit owned. 5.4 Meetings. The By -Laws shall provide for an annual meeting of members, and may make pro ision for regular. and special meetings of members other than the annual meeting. ARTICLE 6 TERM OF EXISTENCE The existence of the Association shall be perpetual. If the Association is dissolved, the control or right of access to the property containing the surface water management system facilities shall be conveyed or dedicated to an appropriate governmental unit or public utility and that if not accepted, then the surface water management system facilities shall be conveyed to a non - profit corporation similar to the Association. ARTICLE 7 INCORPORATOR The name and ad iress of the Incorporator of this Corporation is: Name Address J Kenneth. Arsenault Jr. The affairs of designated in the By -L at its first meeting fold the pleasure of the Bc offtceis, for filling va addresses of the offic Directors are as follov President: Vice President: Secretary- 10225 Ulmerton Road, Suite 2 Largo, FL 33771 ARTICLE 8 OFFICERS Association shall be administered by the officers holding the offices The officers shall be elected by the Board ofDirectors of the Association ig the annual meeting ofthe members of the Association and shall serve at of Directors. The By -Laws may .provide for the removal from office of ,ies and for the duties and qualifications of the officers. The names and who shall serve until their successors are designated by the Board of ORIGINAL RECHVED APR 02 2007 3 (PLANNING DEPARTMENT CITY OF CLEARWATER ARTICLE 9 DIRECTORS 9.1 Number and Oualification. The property, business and affairs of the Association shall be rn aged by a board consisting of the number of directors determined in the manner provided by the By -Laws, but which shall consist of not less than three (3) nor more than five (5) directors. Directors, other than designees ofDeveloper, must be members of the Association. 9.2 Duties and Powers. All of the duties and powers of the Association existing under the Act, �he Declaration, these Articles and the By -Laws shall be exercised exclusively by the Board of Directors, its agents, contractors or employees, subject only to approval by Unit Owners when such approval is specifically required. 9.3 Election, Directors of the Association shall be elected at the annual meeting of the members, may be elected to staggered terms, may be removed and vacancies on the Board filled in the manner provided by the By -Laws. 9.4 Term of eveloper's Directors. Developer of the Condominium shall appoint the members 6f the first Board of Directors and their replacements who shall hold office for the periods described in the By -Laws. 9.5 First Directors. The initial board shall consist of three (3) Directors. The names and addresses of the members of the first Board of Directors who shall hold-office until their successors are elected and have taken office, as provided in the By -Laws, are as follows: 10.1 Name: I Address: ARTICLE 10 INDEMNIFICATION Indemni . The Association shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or contemplated action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he is or was a director, employee, officer or agent of the Association, against expenses (including attorneys' fees and appellate attomeys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, such or proceeding, unless (a) a court of competent jurisdiction determines, after all available appeals have been exhausted or not pursued by the proposed indemnitee, that he did not act in good faith or in a manner he reasonably believed to be not in, or opposed to, the best interest of the Association, and, with respect to any criminal action or proceeding, that he had reasonable cause to believe his conduct was unlawful, and (b) such court further specifical'y determines that indemnification should be denied. The termination of any action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of no lo contendere or its equivalent shall not, of itself, create a presumption that the perso i did not act in good faith or did act in a manner which he reasonably believed o be not in or opposed to the best interest of the Association, and, with respect to any criminal action or proceeding, that he had reasonable cause to believe ORIGINAL 4 RECVVED APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER that his cpnduct was unlawful. 10.2 Ex nses. To the extent that a director, officer, employee or agent of the Association has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in Section 10.1 .above, or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorneys' fees and appe�late attorneys' fees) actually and reasonably incurred by him in connection 10.3 Insurance. The Association shall have the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the Association, or is or was serving, at the request of the Association, as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the Association would have the power to indemnify him against such liability under the provisions of this Article. 10.4 Amendment. Anything to the contrary herein notwithstanding, the provisions of this Article may not be amended without the prior written consent of all persons whose interest would be adversely affected by such amendment. ARTICLE 11 BY -LAWS The first By -La s of the Association shall be adopted by the Board of Directors and may be altered, amended or res inded in the manner provided in the By -Laws and the Declaration. ARTICLE 12 AMENDMENTS Amendments to hese Articles shall be proposed and adopted in the following manner: 12.1 Notice. Notice of a proposed amendment shall be included in the notice of any meeting at which the proposed amendment is to be considered and shall be otherwise given in tae time and manner provided in Chapter 617, Florida Statutes. Such notice shall con ain the proposed amendment or a summary of the changes to be affected thereby. 12.2 Adoption, A resolution for the adoption of a proposed amendment may be proposed either by a majority of the Board of Directors or by not less than one -third (1/3) of the members of the Association. Directors not present in person and members not present in person or by proxy at the respective duly called meetings of the Board of Directors or the membership considering the amendment may express their approval or disapproval in writing, providing the approval or disapproval is delivered to the Secretary at or prior to the meeting; however, the approval or disapproval is delivered to the Secretary at or prior to the meeting; however, the approval or disappro al may not be used as a vote for or against the action taken. The approvals . must be: (a) b not less than a majority of the votes of all of the members of the A sociation represented at a meeting at which a quorum thereof has been at fined and by not less than 66 -2/3% of the entire Board of Directors; or (b) b not less than 1001/o of the entire Board of Directors. 12.3 Limitation. No amendment shall make any changes in the qualifications'aRIGI AL RECH h/ED APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER C-1 members t [ip, nor in the voting rights or property rights ofinembers, nor any changes in Article 4, without the approval in writing of all members and the joinder of all record om ners of mortgages upon Units. No amendment shall be made that is in conflict with the Act, the Declaration or the By -Laws, nor shall any amendment make any changes which would in any way affect any of the rights, privileges, powers or options herein provided in favor of or reserved to Developer, or an affiliate of Developer, unless Developer shall join in the execution of the amendment. No amendment to this paragraph 12.3 shall be effective. 12.4 Developer Amendments. To the extent lawful, the Developer may amend these Articles consistent with the provisions of the Declaration allowing certain amendments to be effected by the Developer alone. 12.5 Recordin . A copy of each amendment shall be filed with the Secretary'of State pursuant fo the provisions of applicable Florida law, and a copy certified by the Secretary of State shall be recorded in the public records of Pinellas County, Florida. ARTICLE 13 INITIAL REGISTERED OFFICE AD RESS AND NAME OF REGISTERED AGENT The initial registered office of this corporation shall be at 10225 Ulmerton Road, Suite 2, Largo, Florida 33771 wi�h the privilege ofhaving its office and branch offices at other places within or without the State of lorida. The initial registered agent at that address shall be Kenneth G. Arsenault, Jr. IN WITNESS forth below. State of Florida ) County of Pinellas ) The foregoing 200_ by Kenneth G. , the Incorporator has affixed his signature the day and year set Kenneth G. Arsenault Jr. t was acknowledged before me this day of Jr., who is personally known to me. Notary Public - State of Florida My Commission Expires: ORIGINAL, REC9VED APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER LJ CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR THE SERVICE OF PROCESS WITHIN THIS STATE, NAMING GENT UPON WHOM PROCESS MAY BE SERVED. In compliance w First - that des'. office, as indicated in tt Florida, the corporation 10225 Ulmerton Road, Having been certificate; I hereby a provisions of Florida H:Uaw Office ReMen i the laws of Florida, the following is submitted: ng to organize under the laws of the State of Florida with its principal foregoing Articles of Incorporation, in the County of Pinellas, State of uned in the said articles has named Kenneth G. Arsenault Jr. located at ite 2, Largo; FL 33771, as its statutory agent. d the statutory agent of said corporation at the place designated in this : the same and agree to act in this capacity, and agree to comply with the relative to keeping the registered office open. REGISTERED AGENT — Kenneth G. Arsenault Jr. Dated this day of 200_ 7 ORIGINAL RECEIVED APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER 1. The side, Elements shall not be of from the Condominium objects be stored thereir. 2. The respective Units. 0 SCHEDULE "A" TO BY -LAWS RULES AND REGULATIONS FOR DOCKSIDE, A CONDOMINIUM calks, entrances, passages and hallways and like portions ofthe Common itructed nor used for any purpose other than for ingress and egress to and Toperty; nor shall any carts, bicycles, carriages, chairs, tables or any other except in areas (if any) designated for such purposes. property of Unit Owners and occupants must be stored in their 3. No articles other than patio -type furniture shall be placed on the Common Elements. No linens, cloths, clothi%g, curtains, rugs, mops or laundry of any kind, or other articles, shall be shaken or hung from any of the windows, doors, or other portions of the Condominium Property. 4. No Unit ner or occupant shall permit anything to fall from a window or door of the Condominium PropCrty, nor sweep or throw from the Condominium Property any dirt or other substance onto any of the patios, terraces or elsewhere in the Building or upon the Common Elements. 5. No garbage, refuse, trash or rubbish shall be deposited except as permitted by the Association. The requir ments from time to time ofthe company or agency providing trash removal services for disposal or 6ollection shall be complied with. All equipment for storage or disposal of such material shall be k�pt in a clean and sanitary condition. 6. No repair of vehicles shall be made on the Condominium Property. 7. No unit Owner or occupant shall make or permit any disturbing noises by himself or his family, servants, employees, agents, visitors or licensees, or pets, nor permit any conduct by such persons or pets that will nterfere with the rights, comforts or conveniences of other Unit Owners or occupants. No Unit Om ner or occupant shall play or permit to be played any musical instrument, nor operate or permit to operated a phonograph, television, radio or sound amplifier in his Unit in such a manner as to disturb or annoy other residents. No Unit Owner or occupant shall conduct, nor permit to be conducted, vocal or instrumental instruction at any time which disturbs other residents. 8. No radio br television, mechanical or electronic installation may be permitted in any Unit which interferes with the television or radio reception of another Unit. 9. No sign, advertisement, notice or other graphics or lettering shall be exhibited, displayed, inscribed, painted or affixed in, on or upon any part of the Condominium Property, except signs used or approved by the Association. Additionally, no awning, canopy, shutter or other projection shall be attac ed to or placed upon the outside walls or roof of the Building or on the Common Elements by alUnit Owner, except hurricane shutters approved by the Association. 10. No flammable, combustible or explosive fluids, chemicals or substances shall be kept in any Unit or on the Co!mnon Elements. 11. A Unit Owner or occupant shall not cause anything to be affixed or attached to, hung, displayed or placed on thi; exterior walls, doors, balconies orwindows ofthe Building except for one (1) portable removable nited States flag and except for on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day Unit Owners may display in a respectful way portable, removable official flags, not larger than 4 -1/2 feet by 6 feet, that represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard. Curtains and drapes (or linings thereof) which face on exterior windom s or glass doors of Units shall be subject to disapproval by the Board, in ORIGINAL RECOVER' APR 02 2007 (PLANNING DEPARTMENT CITY OF CLEARWATER 0 which case they shall be �emoved and replaced with acceptable items. 12. No wind o air - conditioning units may be installed by Unit Owners or occupants. No Unit shall have any alutninurn foil placed in any window or glass door or any reflective or tinted substance placed on any lass, unless approved, in advance by the Board ofDirectors in writing. No unsightly materials may be placed on any window or glass door or be visible through such window or glass door. 13. No exterior antennae shall be permitted on the Condominium Property or Improvements thereon, provided that the Association or Developer shall have the right to install and maintain community aI tennae, radio and television . cables and lines, and security and communications systemE. 14. Children will be the direct responsibility oftheir parents or legal guardians, including full supervision of them, while within the Condominium Property and including full compliance by them with these Rules and Regulations and all other rules and regulations of the Association. Loud noises will not be tolera ed. All children under ten (10) years of age must be accompanied by a responsible adult when t sing the recreational facilities. No glass is allowed in pool area. 15. No reptiles or wildlife shall be kept or maintained in or about the Condominium Property. 16. The pool areas will open at 8:00 a.m. and close at 9:00 p.m. The laundry room opens at 8:00 a.m, and closes at 9:00 p.m. 17. Every Ovlmer and occupant shall comply with these Rules and Regulations as set forth herein, any and all rules and regulations which from time to time may be adopted, and the provisions of the Declaration, By -Laws and Articles of the Association, as amended from time to time. Failure ofan Owner or occupantto so comply shall be grounds for action which may include, without limitation, an action to recover sums due for damages, injunctive relief, or any combination thereof. In addition to g other remedies, in the sole discretion of the Board of Directors of the Association, a fine or fies may be imposed upon an Owner for failure of an Owner, his family, guests, invitees, lessees r employees, to comply with any covenant, restriction, rule or regulation herein or in the Declarat ion or By -Laws, provided the following procedures are adhered to: a) Notice: The Association shall notify the Owner or occupant ofthe infraction or infractions. Included in the notice shall be a date and time of a hearing at which time the Owner or occupant shall presenf reasons why penalties should not be imposed. b) Hearin : The non - compliance shall be presented to 'a committee of other unit owners. C) Fi_hes: If the Committee agrees with the fine, the Association may impose fines against the applicable Unit up to the maximum amount of $100.00 per violation per day of continuing violations, nct to exceed the aggregate of $1,000.00, (or such greater amount as may be permitted by law from time to time). d) Val lati�ons: Each separate incident which is grounds for a fine shall be the basis of one separate find. In the case of continuing violations, each continuation of same after a notice thereof is given shall be deemed a separate incident, one (1) for each day of such continuation, provided that no such fine shall in the aggregate exceed $1,000.00 (or such greater amount as may be permitted by law from time to time). e) P notice of the imposition 0 directed by the Board 1Directors. Fines shall be paid not later than thirty (30) days after All monies received from fines shall be allocated as ORIGINAL RECEMI) APR 0 2 2007 PLANNING DEPAWWENT CITY OF CLEARWATER E g) Non - Exclusive Remedy: These fines shall not be construed to be exclusive and shall exist in addition to all other rights and remedies to which the Association may be otherwise legally entitled; however, any penalty paid by the offending Owner or occupant shall be deducted from or offset against any damages which the Association may otherwise be entitled to recover by law from such Owner o occupant. 18. A. Only Uni Owners of DOCKSIDE, a Condominium or their guests or tenants shall be allowed to use a boat slip. B. The boat lips and facilities shall not be obstructed, littered, or defaced, or misused in any manner. C. The boat lip users shall not cause or permit anything to be hung, displayed, or posted on the boat slip facilities (or on the boat while in the slip) without written approval of the Board of Directors of the Associa ion. D. No carpet of any type shall be allowed on the docks at any time. Door mat type pads for cleaning shoes shall not be left on docks. E. The boat slip users shall be responsible for any carelessness and consequential damages sustained by thu Association for all damage to any portion of the boat slip facilities under control of said association, resulting from such slip user carelessness. F. Improvement or alterations to the boat slips shall be done only with the written consent of the Board of Directors. No covered facilities shall be installed nor shall be permitted to be constructed at any time. Lift equipment shall be stainless steel or aluminum- painted marine grey in color. Applicable per ts must be obtained and all codes must be followed. Only `topless' (as commonly used or calle I in the industry) lifts will be allowed e.g. there will be no lifts allowed which have cross bars over the tops of the pilings. G. Slip userg shall be responsible to keep their dock area clean, tidy, and orderly at all times. All water hose an� power shore lines, if any, shall be stored in a neat and orderly manner. When shore lines are in use they shall be connected in such a way as not to create a hazard. H. Cleaning or painting of boat hulls is not permitted at any time at the docks. Only scuba cleaning may be done. I. No combustibles shall be stored on the boat dock or in the boat slip area. J. Children 4under the age of 12) shall not be present in the dock area or be unattended on a boat unless accompanied by an adult (age 16 or older). K. The installation of additional lights of any kind must be done with the prior written consent ofthe Board ofDirectors. All codes must be complied with in installation. No high intensity fish lights will be allowed. L. There shall be no dock boxes without the written consent of the Board of Directors. M. Boat owners shall not berth their boat in a slip assigned to someone else without the prior written approval of that slip user. A copy of such approval shall be given to the Board of Directors before movinnithe boat. N. Slip userslshall be responsible for liability insurance on their boat slip area. Any and all boats berthed in a slip hall carry a ininimum of 5300,000 of liability insurance at all times. Proof of said coverages shall b6 submitted annually to the Board of Directors. O. Slip their slips where be responsible and pay for all separately metered utilities servicing ORIGINAL RECEI@i D APR 0 2 2007 PLA14NING DEFAMENT CITY OF CLEARWATER 19. The rule restrictions set forth in V control over these rules practice or activity is or and occupants even if ni permitted (but not requ regulations upon writtel HALaw OL$ce • and regulations shall be cumulative with the covenants, conditions and Declaration of Condominium, provided that the provisions ofsame shall end regulations in the event of a conflict or doubt as to whether a specific : not permitted. All ofthese rules and regulations shall apply to all Owners t specifically so stated in portions hereof. The Board of Directors shall be •ed) to grant relief to one or more Unit Owners from specific rules and request therefore and good cause shown in the sole opinion of the Board. DRAFrS\Bylaw Rules.&c ORIGINAL RE01VED 4 APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER • EXHIBIT "4" BY -LAWS OF A corporation not for profit organized under the laws of the State of Florida 1. Identily. These are the By -Laws of DOCKSIDE CONDOM MUM ASSOCIATION CLEARWATER BEACH, INC. (the "Association "), a not for profit corporation under the laws of the State of Florida, and organized for the purpose of administering that certain condominium located in Pinellas County, Florida, and known as DOCKSIDE, A CONDOMINIUM (the "Condominium "). 1.1 Principal Office. The principal office of the Association shall be at 445 Hamden Drive, Clearwater Beach, FL 33767 or at such other place as may be subsequently designatch by the Board of Directors. Notwithstanding the foregoing, all books and records 4the Association shall be kept on the Condominium property. 1.2 Fiscal Year. The fiscal year of the Association shall be the calendar year. 1.3 Seal. T1T i seal of the Association shall bear the name of the corporation, the word "Florida". the words Corporation Not for Profit ", and the year of incorporation. 2. Definitions. For - onvenience, these By -Laws shall be referred to as the "By- LmA's" and the Articles ofIncorporation of the Association as the "Articles ". The otherterms used in these By -Laws shall have the same definition and meaning as those set forth in the Declaration for the Condominiul , unless herein provided to the contrary, or unless the context otherwise requires. 3. Members. 3.1 Annual Meeting. The annual members' meeting shall be held on the date, at the place and at the time determined by the Board of Directors from time to time, provided hat there shall be an annual meeting every calendar year and, to the extent possible, ppo later than twelve (12) months after the last preceding annual meeting. The purpbse of the meeting shall be, except as provided herein to the contrary, to elect Directors and to transact any other business authorized to be transacted by the members or as stated in the notice of the meeting sent to Unit Owners in advance thereof Unless changed by the Board of Directors, the first annual meeting shall be he in ta mnrth nfATO,,e,,be, -f 11 .a ,R t1;o year in t -h;�h th^ TlP ^lnr�t;on;� G1 A. 3.2 Special Meetings. Special members' meetings shall be held at such places as provided herein for annual meetings, and may be called by the President or by a mi- jerity of thce Board ,.f D;rectors of the A ssenistion, and imiRt he na if ,d by the President or Secretary upon receipt of a written request from a majority of the members of the Association. The business conducted at a special meeting shall be 1;miteA t +hot eta tali in tl'e nn +;yam^, of flie maat;ng. C �;ql Stir e_ m� - alSO hA called by Unit Owners in the manner provided for in the Act. 2 Z TsTot;— o_ TAeRt;n. 2 V( diver ofNOt;..e 14ollce. of mPAtirg of me 4:erg Stating, 11— time and place, the purpose(s) for which the meeting is called, and an identification of agcnd items shall be given by the President or Secretary. A copy of the notice shall be plSted a± nlag.A on the Cordolnin un? Pro ^Arr as ell -iRn -r . by the Board pursuant to 718.112 (2)(d)(2). The notice of the annual meeting shall be sent b- mail to each Unit O%�vner, unless the Unit Owner waives in wrltang the r;nht +n rig. '..A otice of the 4nntia! meeting by mo ;1 TJ' Al 1; nr —ilinn Shsll be to the address of the member as it appears on the roster of members. The posting -na mailing of the not;, a shall be efF n_letd not leas tban fn„rt- en (1 il) da`r'n, r nr m „ore -ORIGINAL 1 RECEIVED APR 02 2007 PLANNING ®EPAMENT CITY OF CLEARWWATER than silty (60) days, prior to the date of the meeting. Notice for the election of Directors shall be given in accordance with 718.112(2)(d)(3). Proof of posting and mailing of the notice shall be given by Affidavit. Notice of specific meetings may be waived before or after the meeting and the attenda ce of any member (or person authorized to vote for such member) shall constitute such member's waiver of notice of such meeting, except when his (or his authorized representative's) attendance is for the express purpose of objecting at the beginniiing of the meeting to the transaction of business because the meeting is not lawfulh, called. An off er of theAssociation shall provide an affidavit, to be included in the official records of the Association, affirming that notices of the Association meeting were mailed 3r hand delivered in accordance with this Section and Section 718.1.12(2)(d) of the ct, to each Unit Owner at the address last furnished to the Association. No other proof of notice of a meeting shall be required. 3.4 Quoruffi. A quorum at members' meetings shall be attained by the presence, either in person pr by proxy, of persons entitled to cast 35% of the total voting interests. 3.5 3.6 (a) Number of Votes. In any meeting of members, the Owners of Units shall be entitled to cast one vote for each Unit owned. The vote of a Unit shall not be (b) Maiority Vote. The acts approved by a majority of the votes present in person .or by proxy at a meeting at which a quorum shall have been attained hall be binding upon all Unit Owners for all purposes, except where otherwise provided by law, the Declaration, the Articles or these By-Laws- Similarly, unless specifically stated to the contrary, if some greater ercentage of members is required herein or in the Declaration orArticles, it hall mean such greater percentage of the votes of members present at a. eeting at which a quorum is attained. (c) Voting Member. If a Unit is owned by one person, his right to vote shall be stablished by the roster of members. If a Unit is owned by more than one person, those persons (including husbands and wives) shall decide among themselves as to who shall cast the vote of the Unit. In the event that those ersons cannot so decide, no vote shall be cast. A person casting a vote for a person original proxy b nit shall be presumed to have the authority to do so unless the President or he Board of Directors is otherwise notified. If a Unit is owned by a rporation, the person entitled to cast the vote for the Unit shall be designated by a certificate signed by an appropriate officer ofthe corporation ind filed with the Secretary of the Association. Such person shall be valid mtil revoked oruntil superseded by a subsequent certificate oruntil a change n the ownership of the Unit concerned. A certificate designating the person entitled to cast the vote for a Unit may be revoked by any record owner of an undivided interest in the Unit. If a certificate designating the person entitled to cast the vote for a Unit for which such certificate is required is not on file or has been revoked,. the vote attributable to such Unit shall not be considered n determining whether a quorum is present, nor for any other purpose, and he total number of authorized votes in the Association shall be reduced tecordingly until such certificate is filed. Votes may be cast in person or by proxy. A proxy may be made by any ntitfed to vote, but shall only be valid for the specific meeting for which y given and any lawful adjourned meetings thereof. In no event shall any valid for a period longer than 90 days after the date of the first meeting for ORIGINAL RELIVED APR 0r'? 2007 PLANNING DEPARTMENT CITY OF CEEARWATER i which it was given. Every proxy shall be revocable at any time at the pleasure ofthe person executing it. A proxy must be in writing, dated, sigried by the person .authori ed to cast the vote for the Unit, name the person(s) voting by proxy and the person authorized to vote for such person(s) and-filed with the Secretary before the appointed time of the meeting, or before the time to which the meeting is adjourned. Each proxy shall contain the date, time and place of the meeting for which it is given and, if a . limited proxy holder may vote and the manner in which the vote is to be cast. Holders of proxies need not beUnit.owners. If required by Chapter 718, Florida. Statute , limited proxies shall be used for (l) votes taken to waive or reduce reserves; (2) for 1 fotes taken to waive reporting statement requirements as provided by 718111 (13); (3 ) for votes taken to amend the Declaration pursuant to 718.110. (4) for votes taken tQ amend the Articles or By -Laws pursuant to 718.112; and for any other matter for which Chapter 718, Florida Statutes requires or permits a vote of Unit Owners. General proxies may be used for other matters for which limited proxies are not reaiiired. 3.7 Adiourhed Meetings. If any proposed meeting cannot be organized because a quorUff L has not been attained, the members who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is present, provided notice of the newly scheduled meeting is given in the manner required for the givi ng of a meeting. Except as required above, proxies given for the adjourned meeting shall be valid for the newly scheduled meeting unless revoked for reasons other than the new date of the meeting. 3.8 Order if Business. 'If a quorum has been attained, the order of business at annual members' meetings, and, if applicable, at other members' meetings, shall be: (a) Collection of election Ballots; (b) Call to order by President; (c) 'roof of notice of the meeting or waiver of notice; (d) Reading of minutes; (e) Reports of officers; (f) Reports of committees; (g) Appointment of inspectors of election; (h) Election of Directors; (i) Unfinished business; 6) New Business; (k) Adjournment. Such ox der may be waived in whole or in part by direction of the chairman. 19 Minutes of Meeting. The minutes of all meetings of Unit Owners shall be kept in a book a ailable for inspection by Unit Owners or their authorized representatives and Board members at any reasonable time. The Association shall retain these minutes for a period of not less than seven years. 3.10 Action Without A Meeting. Anything to the contrary herein notwithstanding, to the extent lawful, any action required to be taken at. any annual or special meeting of membe s, or any action which may be taken at any annual or special meeting of such ORIGINAL 3 REO'CNED .APR 021007 PLANNING DEPARTMENT CITY OF CLEARWATER members, may be taken without a meeting, without prior notice and without a vote if a consent in writing, setting forth the action so taken, shall be signed by the members (or persons authorized to cast the vote of any such members as elsewhere herein set forth) having not less than the minimum number of votes that would be necessary to authorized or take such action at a meeting of members at which a quorum of members (or authorized persons) entitled to vote thereon were present and voted. Within ien (10) days after obtaining such authorization by written consent, notice must bel I. given to members who have not consented in writing. The notice shall fairly summarize the material features of the authorized action. 4. Directors. 4.1 Membe. hip. The affairs of the Association shall be governed by aBoard of not less than three (3) nor more than five (5) directors, the exact number to be determined in the first instance in the Articles, and, thereafter, except as provided herein, from time to time upon majority vote of the membership. Directors, other than designees of Developer, must be unit Owners. A person who has been convicted of any felony by any co rt of record in the United States and who has not had the right to vote restore pursuant to the law of the jurisdiction of residence is not eligible for board membe -ship. The validity of an action by the Board is not affected if it is later determined that a member of the Board is ineligible for Board membership due to having )een convicted of a felony. 4.2 Election of Directors. The election of Directors shall be conducted in the following 4.3 (a) �lection of Directors shall be held at the annual members' meeting, except as rovided herein to the contrary. There shall be no quorum requirement, towever, at least twenty percent (20 %) of the eligible voters must cast a ballot for an election to be valid. (b) Obtaining candidates for Director vacancies shall be performed in accordance th the requirements of 718.112(2)(d)(3). (c) rhe election shall be by secret written ballot and by a plurality of the votes .ast, each person voting being entitled to cast his votes for each of as many andidates as there are vacancies to be filled. There shall be no cumulative mvoting. No Unit Owner shall permit any other person to vote his ballot and y such ballots improperly cast shall be deemed invalid. A unit owner who needs assistance in casting the ballot for the reasons stated in section 01.051, Florida Statutes, may obtain assistance in casting the ballot. No roxy shall be used in the election of the Board. (a) Yxcept as to vacancies resulting from removal of Directors by members, vacancies in the Board of Directors occurring between annual meetings of embers shall be filled by the remaining Directors or the sole remaining Erector, provided that all vacancies in directorships to which Directors were appointment by the Developer pursuant to the provisions of paragraph 4.16 ereof shall be filled by the Developer in accordance with the provisions of �,ule 16B- 23.0026(1), Florida Administrative Code. (b) Director elected by the members (other than Developer) may be ved by concurrence of a majority of the votes of the members at a al meeting of members called for that purpose (which shall be called the demand of ten percent (10 %) or more of the voting interests of the aiation Members) or by written agreement signed by a majority of the rs of all units. The vacancy in the Board of Directors so created ssh I b, RECEIVED APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER d by the members at the same meeting, or by the Board of Directors in case of removal by a written agreement unless said agreement also gnates a new Director to take the place of the one removed. In the event a ority or more of the board members are removed, the vacancies shall be d in accordance with the rules promulgated by the Division pursuant to ida Statutes 718.112(2)0)(5). The conveyance of all Units owned by a actor in the Condominium (other than appointees of the Developer or xtors who were not Unit Owners) shall constitute the resignation of such (c) nything to the contrary herein notwithstanding, until a majority ofDirectors re elected by the members other than Developer of the Condominium, teither the first Directors of the Association, nor any Directors named by the Developer, shall be subject to removal by members other than the Developer. The first Directors and Directors replacing them may be removed and replaced by Developer without the necessity of any meeting. (d) , T a vacancy on the Board of Directors results in the inability to obtain a quorum of Directors in accordance with these By- Laws, any Owner may ipply to the Circuit Court within whose jurisdiction the Condominium lies or the appointment of a receiver to manage the affairs of the Association. At east thirty (30) days prior to applying to the Circuit Court,, the Unit Owner hall mail to the Association and post in a conspicuous place as designated by the Board, on the Condominium Property a notice describing the intended �ction and giving the Association an opportunity to fill the vacaney(ies) in accordance with these By -Laws. If, during such time, the Association fails to �eceiver ll the vacancy(ies), the Unit Owner may proceed with the petition. If a is appointed, the Association shall be responsible for the salary of he receiver, court costs and attorneys' fees. The receiver shall have all owers and duties of a duly constituted Board of Directors, and shall serve ntil the Association fills the vacaney(ies) on the Board sufficient to onstitute a quorum in accordance with these By -Laws. 4.4 Term. l✓xcept as provided herein to the contrary, the term_ of each Di rector's service shall extend until the next annual meeting ofthe members and subsequently until his successor is duly elected and has taken office, or until he is removed in the manner elsewh re provided. After such time as the Unit Owners, other than the Developer, have elected a majority of the Board of Directors, the Board may elect, by resolution of a majority of the Directors, to provide for increased and /or staggered terms of service Such resolution shall set forth the method by which the terms may be stagger d and the procedures for electing directors to the terms thus established. 4.5 1 Organisational Meeting. The organizational meeting of newly - elected or appointed Directo s shall be held within ten (10) days of their election or appointment at such place and time as shall be fixed by the Directors upon proper notice pursuant to the provisions of Section 718.112(2)(e), Florida Statutes. 4.6 ReguIa�Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the Directors. Notice of regular meetings shall be given to each Director, personally or by mail telephone or telegraph, and shall be transmitted at least three (3) days prior to the meeting. Regular meetings of the Board of Directors shall be open to all Unit Owners and notice of'such meetings shall be posted conspicuously at a location designa ed by the Board, on the Condominium Property at least forty -eight (48) continuous hours in advance for the attention of the members of the Association, except in the event of an emergency, provided that Unit Owners shall be permitted the right to speak at such meetings with reference to all designated agenda items, subject o rules established by the Board. ORIGINAL 5 REM VED APR 0 2 2007 PLANNING DEPAWIMENT CITY OF OI,EAPWATFp 4.7 Special Meetings. Special meetings of the Directors may be called by the President, and just be called by the President or Secretary at the written request of one -third (1/3) of the Directors. Notice of the meeting shall be given personally or by mail, telephone or telegraph, which notice shall state the time, place and purpose of the meetin�, and shall be transmitted not less than three (3) days prior to the meeting. Specia meetings of the Board of Directors shall be open to all Unit Owners and notice f a special meeting shall be posted conspicuously on the Condominium property at least forty -eight (48) continuous hours preceding the meeting for the attenti on of the members of the Association, except in the event of an emergency. However, written notice of any meeting at which non - emergency special assessn ients,. or at which amendment to rules regarding unit use will be proposed, discussed, or approved, shall be mailed or delivered to the Unit Owner and posted conspi uously on the Condominium property not less than 1.4 days prior to the meetin . Evidence of compliance with this 14 -day notice shall be made by an affidav t executed by the secretary and filed among the official records of the Association. Upon notice to the Unit Owners, the Board shall by duly adopted rule designe a specific location on the Condominium property upon which all notices of Board meetings shall be posted. 4.8 Waived of Notice. Any Director may waive notice of a meeting before or after the meetin and that waiver shall be deemed equivalent to the due receipt by said Director of notice. Attendance by any Director at a meeting shalt constitute a waiver of notice of such meeting, except when his attendance is for the express purpose of objectii!ig at the beginning,of the meeting to the transaction of business because the meetinj is not lawfully called. 4.9 Quorum, A quorum at Directors` meetings shall consist of a majority of the entire Board of Directors. The acts approved by a majority of those present at a meeting at which a quorum is present shall constitute the acts of the Board of Directors, except when approval by a greater number of Directors is specifically required by the Declaz tion, the Articles or these By -Laws. 4.10 Adiourned Meetings. If, at any proposed meeting of the Board ofDireetors, there is less tha a a quorum present, the majority of those present may adjourn the meeting from tit ie to time until a quorum is present, provided notice of such newly scheduled meetin is given as required hereunder. At any newly scheduled meeting any busines i that might have been transacted at the meeting as originally called may be transacted as set forth in the notice for the rescheduled meeting. 4.11 Joinder in Meeting. The joinder of a.Director in the action of a meeting shall constitute the approval of that Director ofthe business conducted atthe meeting, but such jot der shall not allow the applicable Director to be counted as being present for purpos s of quorum. A Director may submit in writing agreement or disagreement with an action taken at a meeting the member did not attend. Such action may not be used as a vote for or against any action taken and may not be used to create a quor�I. A member attending by telephone conference on a speaker phone may be counted toward a quorum and may vote by telephone. 4.12 Presiding Officer. The presiding officer at the Directors` meetings shall be the President (who may, however, designate any other Unit Owner to preside). 4.13 Order of Business. If a quorum has been attained, the order of business at Directors' meetin6 shall be: (a) 'roof of due notice of meeting; (b) �eading and disposal or any unapproved minutes; (c) of officers and committees; ORIGINAL RECEIVE[ APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER 0 (d) Election of officers; (e) nfinished business; (f) New business; (g) Adjournment. Such order may be waived in whole or in part by direction of the presiding officer. 4.14 Minutes of Meetings. The minutes of all meetings ofthe Board of Directors shall be kept in a book available for inspection by Unit Owners, or their authorized representatives, and Board members at any reasonable time. The Association shall retain these minutes for a. period of not less than seven years. 4.15 Executive Committee- Other Committees. The Board of Directors may, by resolution duly adopted, appoint. an Executive Committee to consist of three (3) or more m�mbers of the Board ofDirectors. Such Executive Committee shall have and may ex 'Ircise all. of the powers of the Board of Directors in management of the busines ; affairs ofthe Condominium during the period between the meetings of the Boa -d of Directors insofar as may be permitted by law, except that the Executive Commi -tee shall not have power (a) to determine the CommonExpenses required for the affairs of the Condominium,. (b) to determine the Assessments payable by the Unit-Owtiers to meet the Common Expenses and regulations covering the details of the operation and use of the Condominium Property, or (d) to exercise any of the powers set forth in paragraph (f) and (o) of Section 5 below. The Board may by resolution also create other committees and appoint persons to such committees and invest in such committees such powers and responsibilities as the Boa%d shall deem advisable. 4.16 Proviso. anything to the contrary contained in this Section 4 or otherwise, the Board shall consist of three (3) directors during the period that Developer is entitled to appoint a majority ofthe Directors, as hereinafter provided. Developer shall have the right to appoint all of the members of the Board of Directo�s until Unit Owners other than Developer own fifteen (15 %) percent or more of the nits that will be operated ultimately by the Association, the Unit Owners other than Developer shall be entitled to elect not less than one -third (1/3) of the membcits of the Board of Directors: Upon the election of such director(s), Developer shall forward to the Division of Florida. Land Sales, Condominiums and Mobile Homes the name and mailing address of the director(s) elected. Unit Owners other than Developer are entitled to elect not less than a majority of the members of the Board o FDirectors (a) three years after fifty (50 %) percent of the Units that will be operated ultimately by the Association have been conveyed to Purchasers; (b) three months after ninety (90 %) percent ofthe Units that will be operated ultimately by the Association have been conveyed to purchasers; (c) when all ofthe Units that,will be operated ultimately by the Association have been conveyed to purchasers, and none of the others are being offered for sale by Developer in the "ordinary course of busines ; (d) when some ofthe Units have been conveyed to purchasers, and none of the others are being constructed or offered for sale by Developer in the ordinary course cf business, or (e) seven (7) years after recordation of the Declaration creating the Con ominium, whichever occurs first. Developer is entitled (but not obligated) to elect it least one (1) member of the Board of Directors as long as Developer holds for sale in the ordinary course of business five percent (5 %) of the Units that will be operated ultimately by the Association. can turn over control of the Association to Unit Owners other than prior to such dates in its sole discretion by causing all of its appointed ORIGINAL RE IVIED APR 02 2007 PLAJANING DEPARTMENT ('RTV OF r11•.ADIAIATM: C� Directors to resign, whereupon it shall be the affirmative obligation of Unit Owners other than Developer to elect Directors and assume control of the Association. Provided at least sixty five (65) days' notice of Developer's decision to cause its appointees to resign is given to Unit Owners, neither Developer, nor such appointees, shall be liable in any manner in connection with such resignations even if the Unit Owners other than Developer refuse or fail to assume control. Not less than seventy -five (75) days after the Unit Owners other than Developer are entitled to elect a member or members of the Board of Directors, or sooner event as aforesaid, the Association shall call, and give not less than sixty (60) days` notice of a. meeting of the Board of Directors in accordance with section 718,112(2)(d). The meeting may be called and the notice given by any Unit Owner if the Association fails to do so. Within a reasonable time after Unit Owners other than Developer elect a majority of the me bers of the Board of Directors of the Association (but not more than ninety (90) days after such event), Developer shall relinquish control of the Association and shall deliver to the Association all property of the Unit Owners and of the Association held or controlled by Developer, including, but not limited to, the following items, if applicable: (a) The original or a photocopy of the recorded Declaration of Condominium, and all amendments thereto. If a photocopy is provided, Developer must certify' by affidavit that it is a complete copy of the actual recorded (b) IA certi fied copy of the Articles of Incorporation of the Association. (c) A copy of the By -Laws of the Association. (d) IThe minute books, including all minutes, and other books and records of the (e) Any rules and regulations which have been adopted. (f) Resignations of resigning officers and Board members who were appointed by Developer. (g) The financial records, including financial statements of the association, and source documents from the incorporation of the Association through the date Pf the turnover. The records shall be reviewed by an independent certified wiublic accountant. All financial statements shall be prepared in accordance ath generally accepted accounting principles and shall be audited in ccordance with generally accepted auditing standards, as prescribed by the lorida Board of Accountancy,, pursuant to chapter 473. The accountant erforming the review, shall examine to the extent necessary supporting documents and records, including the cash disbursements and related paid �nvoices to determine if expenditures were for association purposes, and billings, cash receipts and related records to determine that Developer was charged and paid the proper amounts of assessments.. (h) Association funds or the control thereof. (i) 11 tangible personal property that is the property of the Association or is or s represented by Developer to be part of the Common Elements or is ostensibly part of the Common Elements, and an inventory of such property. (j) A copy of the plans and specifications utilized in the construction or emodeling of Improvements and the supplying of equipment, and for the ORIGINAL REC'Eft/ M APR d 2. 2007 PLANNING DEI?Alz`rFVrI:NT CITY OF CLEARWATER 4.17 0 ,truction or remodeling of Improvements and the supplying of equipment, for the construction and installation of all.mechanical components icing the Improvements and the Condominium Property, with a ificate, in affidavit form,.of an officer of the Developer or an architect or neer authorized to practice in Florida, that such plans and specifications esent, to the best of their knowledge and belief, the actual plans and :ifications represent, to the best of their knowledge and belief, the actual s and specifications utilized in the construction and improvements of the dominium Property and the construction and installation of the hanical components serving the Improvements and the Condominium (k) A list of the names and addresses, of which the Developer had knowledge at tiny time in the development of the Condominium, of all contractors, subcontractors, and suppliers utilized in the construction of the improvements nd in the landscaping of the Condominium. (1) Insurance policies. (m) Copies of any Certificates of Occupancy which may have been issued for the condominium Property. (n) �ny other .permits issued by ,governmental bodies applicable to the Condominium Property in force or issued within one (1) year prior to the date the Unit Owners take control of the Association. (o) All written warranties of contractors, subcontractors, suppliers and manufacturers, if any, that are still effective. (p) A roster of Unit Owners and their addresses and telephone numbers, if known, as shown on Developer's records. (q) i eases ofthe Common Elements and other Leases to which the Association �s a party, -if applicable. (r) employment contracts or service contracts in which the Association is one of the contracting parties, or service contracts in which the Association or Unit. Owners have an obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person or persons performing the (s) All other contracts to which the Association is a party. Written!Inguily. In compliance with Section 718.112(2)(a)2, Florida Statutes, when a Unit o�wner files a. written inquiry by certified mail with the board of directors, the board shall respond in writing to the unit owner within 30 days of receipt of the inquiry The board's response shall either give a substantive response to the inquirer, notify t ie inquirer that a legal opinion has been requested, or notify the inquirer that advice ias been requested from the division. If the board requests advice from the division, the board shall, within 10 days of its receipt of the advice, provide in writingla substantive response to the inquirer. If a legal opinion is requested, the board shall, within 60 days after the receipt of the inquiry, provide in writing a substantive response to the inquiry. The failure to provide a substantive response to the inquiry as provided herein precludes the board from recovering attorney's fees and costs in any subsequent litigation, administrative proceeding, or arbitration arising put of the inquiry. The association may through its board of administration adopt reasonable rules and regulations regarding the frequency and manner of respon rng to unit owner inquiries, one of which maybe that the association is only obligat d to respond to one written inquiry per unit in any given 30 -day period. In ORIGINAL RECHVED APR 0 2 2001 PLANNING DEPAk`i MENT CITY OF CLEARWATER 0 such a case, any additional inquiry or inquiries must be responded to in the subsequent 30 -day period, or periods, as applicable. 5. Powers and Duties. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Condominium and may take all acts, through the proper officers of the Association, in executing such powers, except such acts which by law, the Declaration, the Articles or these By -Laws may not be delegated to the Board of Directors by a Unit Owners. Such powers and duties of the Board of Directors shall include, without limitation (except as limited elsewhere herein), the following: (a) Operating and maintaining the Common Elements. (b) Determining the expenses required for the operation of the Condominium band the Association. (c) �Gmploying and dismissing the personnel necessary for the maintenance and ,boperation of the Common Elements. (d) Adopting and amending rules and regulations concerning the details of the operation and use of the Condominium Property, subj ect to a right ofthe Unit Owners to overrule the Board as provided in Section 13 hereof. (e) Maintaining bank accounts on behalf of the Association and designating the signatories required therefor. (f) Purchasing, leasing or otherwise acquiring Units or other property in the name of the Association, or its designee. (g) Purchasing Units at foreclosure or other judicial sales, in the name of the Association, or its designee (h) Selling, leasing, mortgaging or otherwise dealing with Units acquired, and subleasing Units leased, by the Association, or its designee. (i) Organizing corporations and appointing persons to act as designees of the Association in acquiring title to or leasing Units or other property. (j) Obtaining and reviewing insurance for the Condominium Property pursuant to the provisions of 718.111 (11), Florida Statutes. (k) Making repairs, additions and improvements to, or alterations of, the Condominium Property, and repairs to and restoration of the Condominium Property, in accordance with the provisions of the Declaration after damage or destruction by fire or other casualty, or as a. result of condemnation or eminent domain proceedings or otherwise_ (1) Enforcing obligations of the Unit Owners, allocating profits and expenses and taking such other actions as shall be deemed necessary and proper for the sound management of the Condominium. (in) Levying fines against appropriate Unit Owners for violations of the rules and regulations established by theAssociation to govern the conduct of such Unit Owners. No fine shall exceed $100.00 (or such greater amount as may be permitted by law from time to time) nor may any fine be levied except after giving reasonable notice and opportunity for a hearing to the affected Unit Owner and, if applicable, his tenant, licensee or invitee. No fine shall become a lien upon aUnit. (n) or leasing Units for use by resident superintendents and other io CNIGINAAL. REC,V-IVFD APR o 2 2007 PLAI41 ING DEPARTIdiM CITY OF CLEARWATER 0 persons. (o) Borrowing money on behalf of the Condominium when required in nnection with the operation, care, upkeep and maintenance of the Common lements or the acquisition of property; and granting mortgages on and/or security interests in Association owned property; provided, however, that the affirmative vote ofthe Owners of at least two- thirds (2 /3rds) of all Units shall be required for the borrowing of any some which would cause the total ;utstanding indebtedness of the Association to exceed $10,000.00. If any um borrowed by the Board of Directors on behalf of the Condominium pursuant to the authority contained in this subparagraph (o) is not repaid by the Association, a Unit Owner who _pays to the creditor such,portion thereof as his interest in his Common Elements•bears to the interest of all the Unit. IOIwners in the Common Elements shall be entitled to obtain from the creditor g release of any judgment or other lien which said creditor shall have filed or hall have the right to file against, or which will affect,. such Unit Owner's (p) Contracting for the management and maintenance of the Condominium Property and authorizing a management agent (who may be an affiliate of Developer) to assist the Association in carrying out its powers and duties by performing such functions as the submission of proposals, collection of Assessments, preparation of records, enforcement of rules and maintenance, pair, and replacement of the Common Elements with such funds as shall be ade available by the Association for such purposes. The Association and ?is officers shall, however, retain at all times the powers and duties granted y the Condominium documents and the Act, including, but not limited to, he making ofAssessments, promulgation of rules and execution ofcontracts n behalf of the Association. (q) kt its discretion, authorizing Unit Owners or other persons to use portions of the Common Elements for private parties and gatherings (and imposing easonable charges for such private use, but only if pursuant to a lease of the pplicable facility). (r) xercising (i) all powers specifically set forth in the Declaration, the Articles, hese By -Laws and in the Act, (ii) all powers incidental thereto, and (iii) all ther powers of a Florida corporation not for profit. (s) mposing a lawful fee in connection with the approval of the lease or 4lease not to exceed the maximum amount permitted by law in any one 6. Officers. 6.1 Executive Officers. The executive officers of the Association shall be a President, a Vice -P sident, a Treasurer and a Secretary (none of whom need be Directors), all of whom shall be elected by the Board of Directors and who may hold more than one office, except that the President may not also be the Secretary. No person shall sign an instr Liment or perform an act in the capacity of more than one office. The Board of Directors from time to time shall elect such other officers and designate their powers and duties as the Board shall deem necessary or appropriate to manage the affairs of the Association. Officers, other than designees of Developer, must be Unit 6.2 President. The President shall be the chief executive officer of the Association. He shallhve all of the powers and duties that are usually vested in the office of president of an association. ORIGINAL RECEIVED APR U 2 2007 PLANNING DEPAWMENT CITY OF CLEARWATER 0 6.3 Vice - President. The Vice - President shall exercise the powers and perform the duties of the President in the absence or disability of the President. He also shall assist the President and exercise such other powers and perform such other duties as are incident to the office of the vice president of an association and as may be required by the Directors or the President. 6.4 Secrets . The Secretary shall keep the minutes of all proceedings of the Directors and th e members. He shall attend to the giving of all notices required by law. He shall h ve custody of the seal of the Association and shall affix it to instruments requiring the seal when duly signed. He shall keep the records of the Association, except {hose ofthe Treasurer, and shall perform all other duties incident to the office of the 4cretary of an association and as may be required by the Directors or the 6.5 Treasurer. The Treasurer shall have custody of all property of the Association, includi g funds, securities and evidence of indebtedness. He shall keep books of account for the Association in accordance with good accounting practices, which, togethe with substantiating papers, shall be made available to the Board ofDirectors for examination at reasonable times. He shall submit a treasurer's report to the Board of Directors at reasonable intervals and shall perform all other duties incident to the office df treasurer and as may be required by the Directors or the President. All monies and other valuable effects shall be kept for the benefit of theAssociation in such depositories as may be designated by a majority of the Board of Directors. 7. Compensation) Neither Directors not officers shall receive compensation for their services as sue ttjis provision shall not preclude the Board of Directors from employing a. Director or o icer as an employee of the Association, nor preclude contracting with a. Director or officer for the management of the Condominium or for any other service to be supplied by su h Director or officer. Directors and officers shall be compensated for all actual and prof er out of pocket expenses relating to the proper discharge of their respective duties. 8. Resignations. ny Director or officer may resign his post at anytime by written resignation, . delivered to the President or Secretary, which shall take effect upon its receipt unless a later date is specified in the resignation, in which event the resignation shall be effective from such date unless withdrawn. The acceptance of a resignation shall not be required to make it effective. The conveyance of all Units owned by any Director or officer (other than appointees of Developer or officers who were not Unit Owners) shall constitute a written. resignation of such Director or officer. 9. Fiscal Mana einent. The provisions for fiscal management of the Association set forth in the Declaration an Articles shall be supplemented by the following provisions: 9.1 (a) Adoption by Board, Items. The Board of Directors shall from time to time, and at least annually prepare a budget for the Condominium (which shall detail all accounts and items of expense and contain at least all items set forth .n Section 718.504(21) of the Act, if applicable), determine the amount of kssessments payable by the Unit. Owners to meet the expenses of such ondominium and allocate and assess such expenses among the Unit Owners n accordance with the provisions of the Declaration. In addition to annual Aerating expenses, the budget shall include reserve accounts for capital xpenditures and deferred maintenance (to the extent required by law). hese accounts shall include, but not be limited to, roof replacement, wilding painting and pavement resurfacing regardless of the amount of deferred maintenance expense or replacement costs, and for any other item for which the deferred maintenance expense or replacement cost �tIV1NAL RECEIVFD ].2 APR 0 2 2007 PLANNING DEPARIMEN`d CITY OF CLEARWATER 0 610,000.00. The amount of reserves shall be computed by means of a. Formula which is based upon the estimated remaining useful life and the -stimated replacement costs of each reserve item. The Association may mdjust replacement reserve assessments annually to take into account any extension of the useful life of reserve item caused by deferred maintenance. Reserves shall not be required if the members of the Association have, by a najority vote at a duly called meeting of the members, determined for a specific fiscal year to provide no reserves or reserves less adequate than - equired hereby. However, prior to turnover of control of the Association by he Developer, the Developer may vote to waive the reserves for the first two 2) fiscal years of the Association's operation beginning with the fiscal year n which the Declaration is recorded, after which time reserves may only be waived or reduced upon the vote of a majority of non - developer voting nterests present at a duly called meeting of the Association. If a meeting of Jnit Owners has been called to determine to provide no reserves or reserves ess adequate than required, and such result is not attained or a quorum is not sttained, the reserve, as included in the budget, shall go into effect. adoption of a budget for the Condominium shall comply with the rements hereinafter set forth: (i) Notice of Meeting. A copy of the proposed budget of Common Expenses shall be hand delivered or mailed to each Unit Owner at least fourteen (14) days prior to the meeting of the Board of Directors at which the budget will be considered, together with a notice of that meeting indicating the time and place of such meeting. The meeting shall be open to all the Unit Owners. An officer or manager of the Association, or other person providing notice of such meeting, shall execute an affidavit evidencing compliance with such notice requirement. Such affidavit shall be filed among official records of the Association. Special Membership Meeting. If the Board of Directors adopts in any fiscal year an annual budget which requires assessments against Unit Owners which exceed 115 percent of assessments for the preceding fiscal year, the Board of Directors shall conduct a special meeting of the Unit Owners to consider a substitute budget if the Board of Directors receives, within 21 days after adoption of the annual budget, a written request for a special meeting from at least 10 percent of all voting interests. The special meeting shall be conducted within 60 days after adoption of the annual budget. At. least 14 days prior to such special meeting, the Board of Directors shall hand deliver to each Unit Owner, or mail to each Unit Owner at the address last furnished to the Association, a notice of the meeting. An officer or manager of the Association, or other person providing notice of such meeting shall execute an affidavit evidencing compliance with this notice requirement, and such affidavit shall be filed among the official records ofthe Association. Unit Owners may consider and adopt a substitute budget at the special meeting. A substitute budget is adopted if approved by a majority of all voting interests. If there is not a quorum at the special meeting or a substitute budget is not adopted, the annual budget previously adopted by the Board of Directors shall take effect as scheduled. (iii) Determination of Budget Amount. In determining whether a budget requires Assessments against UnitOwners in any year exceeding one hundred fifteen percent (115 %) of Assessments for the preceding year, there shall be excluded in the computations any authorized provisions for reasonable reserves made by the Board ofDi,3Wt Z1 *n RECQVED 13 APR 0 2 200' PLAAN14I G DEPARTMENT CITY OF CLEARWATER 9.2 0 respect of repair or replacement of the Condominium Property or in respect of anticipated expenses of the Association which are not anticipated to be incurred on a regular or annual basis, and there shall be excluded further from such computation Assessments for improvements to the Condominium Property. (iv) Proviso. As long as Developer is in control ofthe Board of Directors of theAssociation, the Board shall not impose Assessments for a.year greater than one hundred fifteen percent (115 %) of the prior year's Assessments, without the approval of a majority of Unit Owners other than the Developer. (b) Adoption by Membership. In the event that the Board of Directors shall be unable to adopt a budget for a fiscal year in accordance with the requirements of Subsection 9.1(a) above, the Board ofDirectors may call a special meeting of Unit Owners for the purpose of considering and adopting such budget, which meeting shall be called and held in the manner provided for such special meetings in said subsection, or propose a budget in writing to the members at a duly called meeting, and if such budget is adopted by the members, upon ratification by a majority of the Board of Directors, it shall become the budget for such year. Assessments. Assessments against Unit Owners for their share of the items of the budget shall be made for the applicable fiscal year annually in the year preceding the year fo which the Assessments are made. Such Assessments shall be due in equal installments, payable in advance on the first day of each month (or each quarter at the election of the Board) of the year for which the Assessments are made. If annual assessments are not made as required, Assessments shall be presumed to have been made in the amount of the last prior Assessments, and monthly (or quarterly) install ents on such Assessments shall be due upon each installment payment date until ganged by amended Assessments. In the event the annual Assessments prove to be ittsutiicient, the budget and Assessments may be amended at any time by the Board ibbf Directors, subject to the provisions of Section 9.1 hereof, if applicable. Unpaid Assessments for the remaining portion of the fiscal year for which amended Assess nents are made shall be payable in as many equal installments as there are full month (or quarters) of the fiscal year left as of the date of such amended Assess ents, each such monthly (or quarterly) installment to be paid on the first day of the i nonth (or quarter), commencing the first day of the next ensuing month (or quarter . If only a partial month (or quarter) remains, the amended Assessments shall be pai with the next regular installment in the following year, unless otherwise directe by the Board in its resolution. 9.3 S ecial Assessments and Capital Improvement Assessments. Special Assessments and Ca 3ital ImprovementAssessments (as defined in the Declaration) shall be levied as provided in the Declaration and shall be paid in such manner as the Board of Directors of the Association may require in the notice of such Assessments. 9.4 De si !M. The depository of the Association shall be such bank or banks in the State a3 shall be designated from time to time by the Directors and in which the monies of the Association shall be deposited. Withdrawal of monies from those accounts shall be made only by checks signed by such person or persons as are authorized by the Directors. All sums collected by the Association from Assessments or contributions to working capital or otherwise maybe commingled in a singl fund for investment purposes or divided into more than one fund, as determined by a majority of the Board of Directors. Such funds must be accounted for separately, and the combined account balance may not at any time be less than the amount identified as reserve funds in the combined account. 9.5 Acceletation ofInstallments Upon Default. Ifa Unit Owner shall be in default in the 14 0RIGINAL REC 9VFD APR 0 2, 1007 PLANNNG, i)ElPARfMENI CITY OF CLEARWATER 0 paymerit of an installment upon his Assessments, the Board of Directors or its agent may accelerate the Assessments due for the balance of the budget year and file a claim o 'lien therefor and the then unpaid balance oftheAssessments for the balance of the }ear shall be due upon the date stated in the lien. 9.6 Fideli Bonds. Fidelity bonds shall be required by the Board of Directors for all person handling or responsible for Association funds. The fidelity bond must cover the maximum funds that will be in the custody of the Association or management agent at any one time. The premiums on such bonds shall be paid by theAssociation as a Common Expense. 9.7 Accouritina Records and Reports. The Association shall maintain accounting records in the State, according to accounting practices normally used by similar associations. The red ords shall be open to inspection by Unit. Owners or their authorized representatives at reasonable times and written summaries of them shall be supplied at least annually. The records shall include, but not be limited to, (a) a record of all receipt and expenditures, and (b) an account for each Unit designating the name and current mailing address of the Unit Owner, the amount ofAssessments, thedates and amouni s in which the Assessments come due, the amount paid upon the account and the dateIs so paid, and the balance due. Written summaries of the records described in clauie (a) above, in the form and manner specified below, shall be supplied to each U it Owner annually. Within ninety (90) days following the end of the fiscal year, or annually on a date provid in the ByLaws, the Association prepare and complete, or contract for the prepay tion and completion of a financial report for the preceding fiscal year which complies with the requirements of Section 718.111(13), Florida. Statutes. Within 21 days after the financial report is completed by the Association or received from the third party, but not later than 120 days after the end of the fiscal year or other date as provided in the ByLaws, the Association shall mail to each Unit Owner at the addresE last furnished to the Association by the unit Owner, or hand deliver to each Unit Owner, a copy of the financial report or a notice that a copy of the financial report will be mailed or hand delivered to the Unit Owner, without charge, upon receipt of a written request from the Unit Owner. The report shall show the amount of receipts by accounts and receipt classifications and shall show the amount of expenses by accounts and expense classifications, including, if applicable, but not limited to, the following: a. Cost. for security; b_ Professional and management fees and expenses; c. Taxes; Id. Costs for recreation facilities; Expenses for refuse collection and utility services; Expenses for lawn care; Cost for building maintenance and repair; Insurance costs; Administrative and salary expenses; Reserves for capital expenditures, deferred maintenance, and any other category for which the Association maintains a reserve account or accounts; ORIGINAL RECENED is 0 CITY OF OF LEAI2WlA1ER 10. U. 12. • Fees payable to the Division; and Operating Capital. 9.8 Application of Payment. All _payments made by a Unit Owner shall be applied as provided in these By -Laws and in the Declaration or as otherwise determined by the Board iin accordance with the Act. 9.9 Notice bfMeetinas. Notice of any meeting where Assessments againstUnit Owners are -to e considered for any reason shall specifically contain a statement that Assess, �wners. ents will be considered and the nature of any such Assessments. Roster of Unit Each Unit Owner shall file with the Association a copy of the deed or other docum nt showing his ownership. The Association shall maintain such information. The Association may rely upon the accuracy of such information for all purposes until notified in writ ng of changes therein as provided above. Only Unit Owners of record on the date notice of any meeting requiring their vote is given shall be entitled to notice of and to vote at such meeting, unless prior to such meeting other Owners shall produce adequate evidence, as provided above, of their interest and shall waive in writing notice of such meeting: ParliamentarvRules. Roberts'Rulesof Order ( latest.edition)shall.govern the conduct of the Association m etings when not in conflict with the Declaration, the Articles or these By- Laws. Amendments. Except as in the Declaration provided otherwise, these By -Laws may be amended in the following manner: 12.1 Notice. Notice of the subject matter of a proposed amendment shall be included in the notice of a meeting at which a proposed amendment. is to be considered. 12.2 Ado ti n. A resolution for the adoption of a. proposed amendment may be proposed either by a majority of the Board of Directors of by not less than one -third (1/3) of the members of the Association. A member of the Board of Directors may submit in writing his or her agreement or disagreement with any action taken at a meeting that the member did not attend. This agreement or disagreement may not be used as a vote foi or against the action taken and may not be used for purposes of creating a forum. The Approval must be: (a) by not less than a majority of the votes of all members of the Association represented at a meeting at which a quorum has been attained and by not less than 66 -2f3% of the entire Board of Directors; or (b) than control of the Association has been turned over to the Unit. Owners ther than Developer, by not less than 801%6 of the votes of the members of he Association represented at a meeting at which a quorum has been 12.3 Proviso. No amendment may be adopted which would eliminate, modify, prejudice, abridg or otherwise adversely affect any rights, benefits, privileges or priorities granted or reserved to the Developer of mortgagees of Units without the consent of said DeII _eloper and mortgagees in each instance. No amendment shall be made that is in co>itlict with the Articles or Declaration. No amendment to this Section shall be valid. 12.4 Execution and Recordinn. A copy of each amendment shall be attached to a. certific to certifying that the amendment was duly adopted as an amendment of the Declaration and By -Laws, which certificate shall be executed by the President or ORIGINAL. 16 RMVVED APR 0 2 2007 PLANNING DEPai2'IiUlENT CITY OF CLEARWATER 13. 14. is. 16. • Vice - resident and attested by the Secretary or Assistant Secretary of the Assoc ation with the formalities of a deed, or by Developer alone if the amendment has been adopted consistent with the provisions of the Declaration allowing such action by Developer. The amendment shall be effective when the certificate and a copy of the amendment is recorded in the Public Records of the County with an identification on the first page of the amendment of the Official Records Book and Page Of said Public Records where the Declaration is recorded. Rules and Regulations. Attached hereto as Schedule A and made a part hereof are initial rules and regulations concerning the use of portions of the Condominium. The Board of Directors may from time to time, modify, amend or add to such rules and regulations, except that subsequent to the date control of the Board is turned over by the Developer to Unit Owners other than Developer, Owners of a majority of the Units may overrule the Board with respect to any such modifications, amendments or additions. Copies of such modified, amended or additional rules and regulations shall be furnished by the Board of Directors to each affected Unit Owner not less than thirty (30) days prior to the effective date thereof At no time may any rule or regulation be adopted which would prejudice the rights reserved to Developer. Construction. Wherever the context so permits, the singular shall include the plural, the plural shall in lude the singular, and the use of any gender shall be deemed to include all genders. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define or limit the scope of these By -Laws or the intent of any provision hereof. Official Records. From the inception of the Association, the Association shall maintain a copy of each of the following, where applicable, which shall constitute the official records of the Association: (a) The plans, permits; warranties, and other items provided by Developer pursuant to Sectio�Ii 718.301(4) of the Act; (b) A photocopy of the recorded Declaration of Condominium and all amendments (c) A photocopy ofthe recorded By -Laws ofthe Association and all amendments thereto; (d) A certJlfied copy of the Articles of Incorporation of the Association or other documnts creating the Association and all amendments thereto; (e) A cop} of the current Rules and Regulations of the Association; (t) A boo or books containing the minutes of all meetings of the Association, of the Board Mirectors, and of Unit Owners, which minutes shall be retained for a period of not less than 7 years. (g) A current roster of all Unit Owners; their mailing addresses, Unit identifications, voting rtifications, and if known, telephone number; (h) All current insurance policies of the Association and the Condominium; (i) A current copy of any management agreement, lease, or other contract to which the Association is a party or under which the Association or the Unit Owners have an obligation or responsibility; 0) Bills sale or transfer for all property owned by the Association; ORIGIN& RECENED 17 APR 0 2 2007 PLK14NING DEPARTMENT CITY OF CLEARWMATER n L (k) Accounting recordings for the Association and the accounting records for the Condominium, according to the good accounting practices. All accounting records shall b maintained for a period of not less than 7 years. The accounting records shall iTclude, but not be limited to: 1. (Accurate; itemized, and detailed records for all receipts and expenditures. 2. A current account and a monthly, bimonthly, or quarterly statement. of the account for each Unit designating the name of the Unit Owner, the due date and amount of each Assessment, the amount paid upon the account, and the balance due. 3. All audits, reviews, accounting statements, and financial reports of the Association or Condominium. 4. All contracts for work to be performed. Bids for work to be performed shall also be considered official records and shall be maintained for a period of 1 (1) Ballots sign -in sheets, voting proxies and all other papers relating to elections, which shall be maintained for a period of 1 year from the date of the meeting to which the documents relates; (m) All ren al records where the Association is acting as agent for the rental of Units. (n) A cop3 of the current Question and Answer Sheet as described by the Section 718.504, Florida Statutes. (o) All other records ofthe Association not specifically included in the foregoing which are related to the operation of the Association. The official records of the Association shall be maintained on the Condominium property. The official records of the Association shall be open to inspection by any Association member or the authorized representative of such member at all reasonable times. The failure of the Association to provide the records within five (5) working days after receipt of a written reques� shall create a rebuttable presumption that the Association willfully failed to comply with this paragraph. A Unit Owner who is denied access to official records is entitled to the ctual damages or minimum damages of $50.00 per calendar day up to ten (10) days, the calculation to begin on the eleventh working day after receipt of the written request. Failure to permit inspection of the Association records as provided herein entitles any person pre ailing in an enforcement action to recover reasonable attorneys' fees from the person in conti of of the records who, directly or indirectly, knowingly denies access to the records for inspection. The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the Association member. 16.1 Certifi to of Compliance. A Certificate of Compliance from a licensed electrical contractor or electrician may be accepted by the Association's board as evidence of compliance of the condominium units to the applicable fire and life safety code. 17. Arbitration. A�y internal disputes arising from the operation of the Condominium between Unit Owners a d the Association, or the agent or assigns of Unit Owners or the Association may be resolved through mandatory non - binding arbitration as provided for in Section 718.1255, Flo da Statutes. The foregoing was adopted as the By -Laws of DOCKSIDE CONDOMINIUM ASSOCIATION C RWATER BEACH, INC., a corporation not for profit on the day of 1200. ORIGINA Approved: RECENED, 18 APR 0 2 2007 PLANNING i EPARIVIENT CITY OF CLEARWATER PRESIDENT SECRETARY ORIGINAL RE WED APR 0 2 2007 PLANNING DEPARIMENT 19 CITY OF CLEARWATER Prospectus Text Developer Ownership Declaration of Condominium Articles of Incorporation Certificate of Incorporation Bylaws Estimated Operating Budget Form of Agreement for Sale Receipt for Condo - minimum Documents Escrow Agreement Plot Plan Floor Plan Survey Management Contract Ground Lease Form of Unit Lease if a Leasehold Lease or Agreement for Use of Recreation Facilities Declaration of Servitude Conversion/Inspection Report 411 0 Executed Copy Enclosed DOCKSIDE, A Condominium MLING CHECKLIST Copy of N/A Proposed No Such Instrument Instrument Enclosed to be Used X Will be Submitted as an Amendment X X X X X X X X X X X X X N/A N/A Oki RED N/A AIR 0 PLANNING, j Q17Y OF _,I N/A X N/A Sm 2007 kFAkIMEN .EARWATER 02 -�2 -2007 13:26 HI SEAS MOTEL Prepared by and Teturn to: Kant Runnalls, P.A. 101 Win St., ,.Suita A Safety Harbor, FL 34693 THIS DEC;LARATTON 2007, by Fulvio Mello, as hereinafter referred to as "DeOi PRGE:1 KEN 9URlCE, CLERK of COURT PINELLAS COUNTY FLORIDA INS" 200"ami DM l26t17 M 12:37 PM OFF RED 9K: 16W PG- 6011412 DoaType:RS7 RECORDING: > WAO RESTRICTIONS is made this 9-2. day of Fp, s, U1 itee of the DiVelio Lend Trust dated August .10, 2004, WITNESSETH WHEREAS, Declarant 1 the sole owner of certain lands in Pinellas County. Florida, more particularly described on Exhibit "A" attached hereto, and incorporated herein by reference, and called the "Property" in this Declaration, and WHEREAS, for a period of many years, all of the Property has been improved with a hotel facility, and used as an overnight accummodation use; and WilFREAS, Declarant has made application to the City of Clearwater, Florida Community Development Board ( "CDB ") Application No. FLD2005 -05051 ( "Application "), to change the lawfully permitted use of the Property to attached residential use ( "Residential Use "); and WHEREAS, pursuant tit the Application, the CDB approved the use of the entire Property solely and exclusively as a Residential Use, (the "CDB Approval ") and not for any Hntcl Use on any part of the Property; and WHEREAS, notwithstanding such CDB Approval exclusively for Residential Use, Declarant now desires to continue to use it part of the Property (that part being more fully described in Exhibit '13" attached hereto and being incorporated herein by reference, and further being referred to herain as the "Motel Parcel") for a hotel use ( "Hotel Use"), into the fomsecablc future, in lieu of Residential Use, and WHEREAS, by virtue such Hotel Use on the Hotel P. Carder issued in connection wit of Clearwater has not issued a f7iaddG{ vduOaiNMoaN�uiha�etuksniRauietinm ,f the fact that Declarant's current anti desired continuation of Del would be inconsistent with the mandates of the Development Cage No. FLD2003 -05051 (the "Development Order"), the City ertificate of Occupancy ("C.O.") for Residenti al Use on that part Page I RIGIi REMOVED A PR 0 2 2001 PLMNING DiPAR I MENT CITY OF CLEARWATER 02 -22 -2007 13:25 HI SEAS MOTEL 9933955 � PAGEa 2 of the property currently improved with thirty -tine (31) residential condominium units (which property is more fully described on Exhibit "C" attached hereto and incorporated herein by reference, and which is hereinattIcr referred to as the "Residential Parcel "), but has expressed its willingness to issue such C.O. as an accommodation to Declurannt in consideration of the obligntiom and undertakings of Declarant tiet forth herein; and ... . . WHEREAS, on January l 6, 2007, pursuant to the request of the Declarant, the CDB did extend to February 16, 2008, the deadline for the Declarant to comply with the Development Order entered by the CDB pursuant to the Application, (the "Development Order ") to allow fimc for the Declarant to amend its Application to request a Flexible Development Application to allow for the continued Hotel Use of the Hotel Parcel notwithstanding the requirements of the Development Order (the "Amended Application "); and WHEREAS, Declurant now desires to amond the Application to allow Declarant to continue to operate the Hotel Parcel as an overnight accommodation unlesstuntil some other use is approved; and WHEREAS, Declarant ho not yet had the opportunity to bring before CD13 its Amended Application requesting that the Hotel Use be allowed to continue; and WHEREAS, in order to allow fbr the City to Issue the C.O. for the Residential Parcel while Declarant's Amended kpplication is pending, Declarant is willing to renounce prospectively certain rights with respect to the use of the Hotel Parcel, which rights include the right to construct on the Hotel n reel fifty -two (52) attached residential condominium units, and Deaclarant is also willing to agree, to all of the termn and conditions set forth herein; NOW, THEREFORE, in and intending to be legally bout and Residential Parcel described conditions and restrictions, all desirability of the Hotcl Parcel Property and be binding upon al therein, and their respective heir Declarant, his successors and as; Section 1.1. Declarant a and acceptance by the CDB i regarding the continued Hotel Nularant shall make every rear within 120 days of application si l�levdtllvtll�W efol�etmnRMruelwND,�r ul AeN rjnlaa� consideration of the above recitals which are true and correct, d to the tenns hereof, Declarant declares that the Hotel Parcel above shall be held, sold and conveyed subject to the fulluwing of which are for the purpose of protecting the value and and the ]Residential parcel, and all t�f which will run with the per4ons having any right, title or interest therein, or of any part r, successors and assigns, and which will inure to the benefit of gns forever. ARTICLE I revs to file, within sixty (6Q) days of the execution by Declarant f this Declaration of Restrictions, its Amended Application Use of the Hotel Parcel, and upon filing such Application mablea effort to conclude the process of development approval bmittai, notwithstanding delay that may occur from time to time Page 2 ORIGINAL iRIEtTI)VED APR o 2 2907 PLANNNG DEpAltIMENT CITY OF CLEARWATER 02-22-2007 13:26 Hi SEAS MOTEL_ 9933955 pAGE;3 i due to stall' or project represent) Live need for additional time to resolve issues which may arise. Said Application shall include, pursuant to Community Development Code Section 4- 202(6,), a description of the property whiih is the subject of the Application documenting that a property line has been established along the existing lot lines. Section 1,2 In the event the CDB grants the Declarant's request under the Amcndcd Application to allow for Hotelse, then and in said event the Property shall henceforth, in perpetuity, be limited to such uses and densities as are allowed, from time to time, under all uppiicablc zoning and land use laws, ordinances, rules and regulations promulgated by any Federal, State, County, Municipal or quasi- governmental agency having jurisdiction and control over such mutters with respect tip the Property, including, but not being limited to, the limitations on the density of residential condominium units set Barth in the Development Order entered in connection with the Amended Application, Section 13. Declarant acknowledges the existence of unresolved issues regarding the Hotel Use of the Hotel Parcel, i eluding, but not being limited to, meeting all applicable parking, ingress and egress requirement , which requirements will be met by Declarant through one or more casement or joint use agr�cments with respect to and by and between the Hotal Parcel and the Residential Parcel, Section 1.4. In order to allow for the City to issue the C.O_ for the Residential Parcel, Declarant hereby renounces prospectively certain rights with respect to the use of the Hotel Parcel, which rights include the right to construct on the Hotel Parcel fifty -two (52) attached residential condominium units. Duc:lurant acknowledges that the restrictions on use hereby imposed will reduce considei?ably from fitly -two (52), to :a number which may not be ascertainable ut this time; but is estimated to be twenty -two (22)1 the number of attached residential condominium units hich ure Allowed to be built, constructed and improved on the Hotel Parcel, In considerstio of Dcclarant's deducting said units from the Hotel Parcel, Declarant is maintaining units o the Residential Parcel which were subject to the Termination of Nnneonformity determination. Declarant shall continue to operate an overnight accommodation use on the Hotel Parcel unless and until some other use is approved. Section 1.5. In the even the CDB does not grant the rights requested under the Amended Application, or Declarant wit draws its Amended Application, then Declarant shall remain entitled to nand vested under at] rights granted under the Development Order, and shall remain bound to the terms and conditic ns thereof, and this Declaration of Restrictions shall be null and void, save and except for any rights acknowledged or granted herein to the City of Clearwater to enforce its rules, laws, and ordir'anecs with respect to the Property. Section 1.6. Upon the JsIsuance of the C.o. for the condominium unit% on the Residential Parcel, there shall be no further Tental of the ten (10) bust slips connected to the Property, and the use of said boat slips shall hcnccfotth be limited to use by owners of said condominium units or by guests of tho Hotel located of the Motel Parcel; provided, however, thvt the Hotel Parcel guest use shall be limited to two of said slips, and that such limited use shall take effect twelve (12) rwmnnwsipnwae•�„R•mra•�.c •t Page 3 DRIGIW REt lzlr/FD APR 02 2007 PLO -kNNNG Dt:PARYMENT CITY OF CLEARWATER 02 -22 -2007 13127 HI SEAS MOTEL months after the issuance of be incorporated into the Am local approvals, PAGE:q C.O. The aforesaid limitations on the use of the boat slips shall Bd Application and be subject to any required federal, state, and ARTICLE 11 99NERAL MO—VISIONS Section 1l. EnfhTcem�t. The City of t;:learwatcr shall have the right to enforce, by any appropriate proceeding, 1111 conditions and restrictions now or hereafter imposed by, or pursuant to, the provisions of this Deep ration. Bach party shall bear its own costs and expenses thus incurred, including relisonable i ttorneys' face for all trial and appellate proceedings, if any, in any litigation involving this De�,lnratian. Section 2.2, Severability. Invalidation of any particular provision of this Declaration by judgment or court order will no�affect any other provision, all of which will remain in full force and effect; provided, however, ny court of competent jurisdiction is hereby empowered, to the extent practicable, to reform any otherwise invalid provision of this Declaration when necessary to avoid a finding of invalidity whlle otherwise efficctuating Declarunt's intent. Scotian 2.3. C_ omuliagce with Law. Declarant acknowledges that, whether or not the Amended Application shall be iranted, the Property shall at all times be subject to all applicable laws, rulew, ordinances, and regulations, and all lawful remedies, including but not limited to state and local law requirements concerning condominium development and code cnfYircement proceedings and penalties establ�,rhed thereunder. Parcel described above shall be stated in this Dmiaration of Re and desirability of the Hotel Per Property and be binding upon a therein, and their respective hei Declarant, his successors and as im. - Dcclarant declares that the Hotel Parcel and Residential :ld, sold and canveycd subject to the conditions and restrictions ictions, all of which are for the purpose of protecting the value sl and the Residential Parcel, and ail of which will run with the persons having any right, title nr interest therein, or of any part , suc uesaor$ and assigns, and which will inure to the benefit of Ps forever, op -IGll RECENED APR 0 2, 2007 pijtjNJ14G tDhMit WENT CITY OF CLEARWAiER Qluiu107VdWAotWIdlL�tbNnteeoluMMedItalrlellulai Page 4 02 -22 -20137 13:27 HI SEAS MOTEL IN WITNESS W witness STATE OF FLORIDA ) COUNTY OF P1NELT.AS.) The foregoing instrument was by Fulvio DiVelln, who is p as identification. �mlMl VI110Mf M14td+� �AalroibndOft 4) PAGE:5 Declarant has executed this Declaration the date stated above. DECLARANT; ru-Mo DiVello, as Trustee or the DiVelto Land Trust dated August 10, 2004 fledged before mu this Oa day of 20471 known to me or who produced Qj- N07YAKYA)BLIC — STATE OFF- F FLORIDA My Commission Expires: MARIA OIONIS " NOTARY PUBLIC • STATE OF FLORIDA COMMISSION 0 DD861aaa MY COMMISSIONEXP IRES.JAN..31.,,7pp8. ORIGINAL REMFVED APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER Page 5 02- 22 -EW7 i3:p7 HI SFAS ;OUNTY- 13� 64-- �•E�C� 038..._. LEGAL bES .R1P'I(,Q,N, Lots 4, 5, 6, 7, 8, 9, 1 tl and 11, COLUMBIA SUHDlVI8lOjJ NO. S. according to the asap or plat u nPlAtt, as recorded e n book 31, Page 16, public Records of Pinellas county, Florida, ulso that as follow peat of governntnent lot four of Section B, 'i'ownship 2.9 South, TUnge IS Last, described as follows: Begin at ilia Southeast corner of Lot Eleven (11), COLtHvMIA SUBDIVISION NO. FM (5) and nun thence South 5425110" cast, sixty -five and eighteen hundredths (65.18) fett; thence North 12'34'30" East, two hu &cd seventeen and twenty -seven hundredths (217.27) feet, thence North 54.25'3 p° Wem, sixty -five erid eighteen hundredths (65.18) feet to the Easterly Nino-of Lot Ninc (9) Of bald Subdivision, thence $outfit 12 "34130" two hundred seventeen and twenty seven hundredths (217.27) feet to the point of bealnnina. 2 PAGE:6 ORIGINAL REMD APR 0 2 2007 PLANNING Dt PARliviEW CITY OF CLEA,RWARR OE-22-200T 13:27 HT SEAS Is PRGE:7 KL,E1ra lac S"1['. -, lu s SLJRvEylN0, INaC PROFESSIONAL SURVEYORS AND MAPPERS 8016 OI.D COUNTY ROAD No. 54 NEW PORT aICHEY. GLORIDA 3485) OFFICE= 727-8!" -8140 I,Alt: 121- 834 -0150 SKETCH AND LEGAL DESCRIPTION: CXHIBIT "A" LEGAL DESCRIPTION: A PARCL.I. OF LAND LYING IN SECTION 8. TOWNSHIP 29 SOUTH, RANGE 15 EAST. PINELLAS COUNTY, FLORIDA. 80NG MORE PARTICULARLY !)SCRIBED AS FOLLOWS: LOTS 9, 10 AND li OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED} IN PLAT BOOK 31, PAGE 16 AND THAT PON 1•ION OF LAND LYING BETWEEN LO 1 11 Of- SAID COLUMBIA SUBDIVISION No. 5, AND 1 OT 1, BLOCK A OF BAYSIDE SUBDIVISDUN No, 4. ACCORDING TO THE MAP OR FLAT THEREOF, AS RECORDED IN PLAT HOOK 1.38, PAGES 38 -39 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING FURTHER DESCRIBED At rOLLOWS, (THE FOLLOWING 13EING ONF IN 1 HE SAME): BEGINNING AT THE NORTHWFSjT CORNER OF LOT 9 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THI; MAP OR PLAT THEREOF', AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, rLORIDA, THENCE SOUTH 77" 25130" EAST. ALONG THE NORTH LINE OF SAID L01 9, A DISTANCE OF 120.00 FEET: THENCE SOUTH 12° 34'30" WEST. A DI, TANCL Or 24.41 FEET; THENCE SOUTH 54. 25'30" EAST. A DISTANCE OF 65.18 FEE I TO THE WEST BOUNDARY OF SAID BAYSIDE SUBDIVISION No. 4. THENCE SOUTH 17° 34130" WEST. ALONG SAID WEST BOUNDARY. A DISTANCE OF 217.27 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF CULFVIEW BOUT „FVARDf THENCE NORTH 54. 25'30” WEST. ALONG SAID NORTHERLY RIGHT-OF -WAY LINE. A DISTANCE OF 105.!i4 FEE1 TO THE EASTERLY RIGHT -OF -WAY LINE OF HAMDEN DRIVE, THENCE NORTH 17`34'3()" EAST. ALONG SAID EASTERLY RIGH I -OF -WAY LINE A DISTANCE OF 190.16 FEET 701 1Hr POINT OF BEGINNING. CONTAINING 38,955 SQUARE FEET. OR 0.8945 ACRES MORE OR I.ESS. NOTES: i, BEARINGS AND DISTANCE SIIOWN HEREON ARE BASED ON THE WEST LINE OF LOTS 4 -8, OF BAYSIDE SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF. FiAV I NG . A BEARING OF SOUTH 12'3A'30" WEST. 2. TIIIS IS NOT A BOUNDARY SURVEY. BUT ONLY A LCGAI. DESCRIPTION OF THE GRAPHIC DEPICTION AS 5HOWN ON SIIGET 2 OF 2 AND IS NULL AND VOID WITHOUT BOTH SHEETS. RECHVIFM "R 0 2 2007 BRUCE A, KLEIN -- -- DATE: 'i P'W- 4141NG DEPA kl, PROFESSIONAL SSURVCYOR AND MAPPER CITY OF ������� FLORIDA LICENSED No. PSM SOS;t PHASE u - BOUNDARY M-02/i2/07. SHEkT: • ©F '2 'SLEETS 02 -22 -2007 13:27 HI SEAS • PAGE:8 K�.IE�N Be 18-r A.UB SURArn. YlIZ40. Il:NC PROFESSIDNAL SURVEYORS AND MAPPERS 6016 OLD COUNTY ROAD No. 54 NEW ?OR7 HICHLY. f1nRInA 34653 nFF10E1 727 - 934 -8140 FAX: 727 - 834 -91sn SKETCH AND LEGAL DESCRIPTION: EXHIBIT "A° 1 CAS MGM rY 1 1 C) -r 3 , S 7 e &AYSI josC 1t ~ ?U 0D - I . A 27, pCS!ON Na 7.1 3 tAJ SE,-r(3 p 00cfc 3� Nf i - G• 16 OLeARWA P.O.B. Ni! z �� a ;' ~� 2�. NpL T E' �4Re NORTHWEST 1 �„�ia / f _� -'- - 512'34�� CORNER OF LOT 9 S7 ? 0 2S cn - S5 -0.aQ ! -� Ss4°use . LEGEND: �a 1 D I = DEED +' :�' '`• I M I = MEASURED ! M ;� -`�., Il�1 = PLAT ! r PG. = PACE PROP OS `- '�.P.D.B. = POINT OF BEGINNING z (300 1) 5�U f ! PH�q -� G nr `•, T• o.� AYp l0E LOr SVB8L pOk w q! r 9SS z 8.35 PdlVrglpN U PL,ANNI 0. 4 CITY S, L � ,qua •. 0 20 60 100 200 NOTES:�c % 40 80 1. BEARINGS AND DISTANCE SHOWN H REON ARE BASED ON THE WEST LINE Of LOTS SUBDIVISION NO. 5. ACCOknlNG T'D THE MAP DR I'LA7 THEREOF. HAVING A GEARING or BAYSIDE SOUTH 57_•34'30" WEST. 2. THIS 15 NOT A BOUNDARY SURVEY. OUT ONLY A GRAPHIC. DEPICTION of THE LEGAL DESCRIPTION AS SHOWN ON SHEET 1 OF ?. AND IS ULL AND VOID WITHOUT BOTH SHEETS. VHASE 11- BOUNDARY J013 No. 060005 DATE: D2/12/07' SHEET: 2 OF 2 SHEETS 022007 i DEPARTMENT CLEARWATER 02 -22 -2097 13:28 HI SEAS 8016 OLO • PpGE:9 PROFESSIONAL SURVEYORS AND MAPPERS ROAO No. 54 NEW PORT RICHFY, FLORIDA 34853 OFFICE& 727- 634 -8140 FAX& 727 -614 -0150 SKETCH AND LEGAL DESCRIPTION: EXHIBIT "A" DOCKSIDE -- A CONDOMINIUM LEGAL DESCRIPTION: PHASE I Res1a6t_-,l-11a1" 1041-rel, LEGAL DESCRIPTION; (r.�t't�'e;lc 4 t, //QrAeel of C',. A PARCEL OF LAND LYING IN SECTION 8. TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINEL.LAS COUNTY, FLORIDA. ©DING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 4. 5, 6. 7 AND 8 OF COLUMBIA SUBDDIVISION too. 5, ACCORDING TO THE MAP OR PLAT 1HEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 15 OF THE PUBLIC REORDS OF PWCLLAS I COUNT Y, FLORIDA. BEING FURTHER DESCRIBED AS. (THE FOLLOWING BEING ONE IN THE SAME): BEGINNING AT THE SOU VHWCS�T CORNER OF LOT 8 OF COLUMBIA SUBDIVISION -No. 5 ACCORDING TO THE MAP Of; LAT T1 iCREOF, AS REChRDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF �PINF L.LAS COUNTY, FLORIDA. THENCE NORTH 120 34'30" EAST, ALONG THE EASTERLY 1GHT -OF -WAY LINE OF HAMDEN DRIVC. BEING A 50.00 FOOT RIGHT -OF -WAY, A DISTANCE OF 325.00 FEETI 1HENCE SOUTH 77.25'30" EAST, ALONG TFIE NORTH LINE OF SAID LOT 4, A DIS 1 ANCE OF 219.50 FEET; THENCE SOUTH Q` 34'30" WEST, A DISTANCE OF 347.90 FEET. I HENCE NOR 1'I 177° 25'30" WEST, A DISTANCE OF 35.00 FEET: THENCE NORTH 32° 25'30" WEST. A DISTANCE OF 32.39 FEET TO THE EASTERLY L•'KTENSION OF THE SOUTH LINE OF SAID LOT 8; THENCE NORTH 770 25'30" WEST, ALONG THE EASTERLY EX IENSION OF SAIOD LOT 8, A DISTANCE OF 161.60 FEET TO THE POINT OF BLGINNING. CONTAINING 72,401 SQUARE ET, OR 1.6621 ACRES MORE OR LESS. ORIGINAL - /, , I RECEIVFD APR 0 2 2007 PLANNING DEPAkIMENT CITY OF CLEARWATER BRUCE A. KLEIN OAIEi i'ROFF.S5IONAL SSURVFYOR AND MAPPER FLORIDA LICENSFI) No. PSIA 5052 PHASE 1. 13OUNDARY JOH No. 060005 DATE: 02 /12,1 SNFF.T: IOr 2 SHFETS 02 -22 -2007 13:28 HI SEAS ]K Ji.IE Y N 8.c. PROFS 8016 OLD COUNTY ROAD No. $A Nrw pnF SKI I - W 16 32.3 / n N326 25`: �i jt F3 opo -Jet) jp �0& • PAGE: 10 iS I ONAL SLiRVEYORS AND MAPPERS r RICHEY. FLORIDA SdS53 OFFICE: 727 -834 -8140 FAX: 727 -834 -8150 TCH AND IFGAL DESCRIPTION: EXHIBIT "A" - 0, Ur! top 3 t i 2- f! S `''-- t L Aj �-. -3p 219.50, --- 0 L LAIL Q ^ o -41 ^� i - Q CL. to ;, 00 R► P.O.e. t co j z k � SOUTHWEST CORNER OF 1 LOT 8 i i . a _ gip. fJp;�, _ '250 Joel I - W 16 32.3 / n N326 25`: �i jt F3 opo -Jet) jp �0& • PAGE: 10 iS I ONAL SLiRVEYORS AND MAPPERS r RICHEY. FLORIDA SdS53 OFFICE: 727 -834 -8140 FAX: 727 -834 -8150 TCH AND IFGAL DESCRIPTION: EXHIBIT "A" - 0, Ur! top 3 2- s,a Y-roE' `''-- P. 2;?. -3p 219.50, PGS . �. . ON N 74 .3 ^ er HOCK p.� �gcPOLl�L� I 4 _ Q f UtVk q 1r tb RaOR LEGEND: --� i i . a _ DEED MEASURED IP) = PLAT _ P.B. = PLAT BOOK PG. = PAGE P -0-B. = POINT or BEGINNING 77° 25'30 "W 0 BAY L01' 1 S10r . 9t C) PLANN R.-38uPCs j I CK s NO CITY I 9 1n 0 20 So loo 200 40 60 NIMS: -��- 1. BEARINGS AND DISTANCE $HOWN' SUBDIVISION Nn. 4. ACCORI)INO 5OUfH 12134'3Q" WEST, 2. 11I I5 I5 NU f A DOUNDARY SUnVG SHOWN ON SHEET 1 OF 2 AND IS CON ARE BASED ON IHE WEST LINE OF LOTS 4 -9. OF SAYSIDE THE 1,1AP OR PLAT TNEREOI'. HAVING A BEARING OF BUY ONLY A GHAPIIIC DEPICTION OF THE LEGAL DESCRIPTION AS II AND VOID WITHOUT 80TH SHEETS. PHASE 1- •BOUNDARY • 466—Na-,66o -02- IVOT -ShIEET -, 2 °DP 2 5FIE411S 022007 DEPARTMENT CLEAPWATER CONDOMINIUM CONVERSION REPORT FOR DOCKSIDE CONDOMINIUM Author: Michael J. Franxek Copyright February 2007 All rights reserved Engineer for report Thomas Devening P.E. Report dated February 15, 2007 ORIGINAL RE AD APR 0 2 2007 PLANNING DEPAR�IIVIENI' CITY OF CLEApWATFp LO EXECUTIVE SUMMARY Report dated February 15, 2007 1.1 PROPERTY SUMMARY Property Name: Docksi+ Property Address: 455 Ha City /County/Zlp Code: Clearw Year original structure erected: 1986 Previous use: Luxury Converted to Condominium Residence 8 This report Is based an a wally through it the author and the report engineer of re as well the recent capital improvements building. 1.2 PROPERTY DESCRIPTION A condominlum Drive Beath, Qty of Clearwater, Pinellas County, Florida 33767 Hotel 2006 Ion of the property February 13, 2007, and numerous previous site visk inspections, conducted by No areas of immediate need, or deferred maintenance, were noted. The building and structure tared sound, serviceable, and adequate to serve the Intended use as a Condominium Residence The subject property consists of an Inmgu rshaped parcel of land totaling approximately 0.2350 acres more Of lessor 10238 square feet situated on Hamden Drive near GuirWew I�ulevard. Thts is improved with a 6 story, rarmerly all suite luxury hotel building, which has been converted into a condominium featuring 3i finished condominium residences. The seawall is reportedly of the 1988 vintage and is in serviceable condition. The adjacent boat hocks seaward of the seawall are not presently part of the conversion. This report concerns the structsue being converted to a condominium farm its previous use as an all suite luxury hatel. The final unk count of the conversion building will be 31 units. The property features existing storm water drainage systems, asphakoutside parking with a concrete parking pad under the building. fire water supply mains exist and feed into the building" protection and an entire building fire sprinkler and standpipe system. City water mains supply potable water. City curbing and entry /exit aprons exist and are in place and In good repair. Some landscaping exists and was observed to be maintained of adequate scope forth property. The property has metered reclaimed water service to supply inigatkxn to the plantings. The walkways are tact its p concrete w h areas of decorative brick pavers. The property location features excellent views of the inter. coastal waterway and Clearwater Beach and the Gulf of Mexico as well as downtown Clearwater. A termite inspection was perhmned an Fel termite damage or infestation. The Florida included as an exhibit at the end of this Co A qty 01'Ciearwaterletterofappr6 al for, conversion report. 15, 2007 by Brantley Termite and Pest Control. The report states that there is no evidence of tment of Agriculture & Consumer Services Wood - Destroying Organisms Inspection Report Is slum Conversion Report. conversion project;, letter pages 1 through 3, are Included as an exhibit at the end of this OPIGINAL REC%FD APR 0 2 2007 PLANNING DFRARIIVIENT CITY OF CLEARWATER DOCKSIDE, ACONDOMINIUM, CONVERSION REPORT 1.2 PROPERTY DESCRIPTION (CONTINUED) Recent capital Improvements: Planned capital improvements: i - New mof, new 5 /8`roof plywood sheathing - New fire sprinkler system - Elevator cab remodel - New plumbing drain and supply systems throughout - New exterlor stucco and paint, complete paint of all interiors Remodiled and new Interlor framing and drywall - New electrical systems in all units - New HVAC equipment and ductwork in all living units and common areas - The bull ding living units were gutted back to the metal framing and concrete structure and all new fixtures and interlorsware Installed. » Ali new nsulation, new interior doors and most windows replaced with new Elevator lobbies gutted and completely remodeled Remod4lled storefront entry systems at the parking lobby entry. - None re ORIGINAL RECV1,WFD APR 02 1007 PLANNING DEpARTMrNT C17Y OF CLEARWATEP DOCKSIDE, A CONDOWNtIM, 1.3 GENERAL PHYSICAL. CONDITION General condition: Level of Maintenance: Expected remaining useful life: In excess The conversion building, structure was ei structure supported by reinforced canon and various mechanical rooms, the fire d of various sizes and a common walkway two elevator shafts and 2 elevator cars, cob interiors were brought up to new coi living unit in 2006. New plumbing supply parking area has new galvanized and ins% lobbies; of which there are 2, one on the to the superstructure and remodeled to i 1.4 RECOMMENDATIONS AND REPORT Good Good ted in 1988 for use as a luxury suite hotel, and Is a post stressed, cable reinforced, r thick slab columns. The bullding has 6 stories, the first floor being parking with a building maintenance area ibutlon manifold, and an elevator /entrance lobby. The 5 upper levels are condominium residences ag access to each unit: The elevators exit upon the common walkway at each living floor. Th ere are t elevators cars were 100% remodeled with the conversion. The hydraullcs, cabling, signage, and Jon In 2006. New PVC fire sprinkler systems are tnstalled in all common areas as well as in each as and drainage lines were core drilled and Installed for all living units in 2006. The under building ed fire sprinkfers in 2006. HVAC units are all new In 2006 for each unit and for the common area wnd floor entry elevator lobby and one on the 2'' floor, The common are lobbies were gutted back i condition in 2006. The table on the following page summarizes the major property components, their corresponding lifespan, their estimated replacement costs as of February 2007, age as of February 2x07, condition as of February 2007, estimated useful IIPe(EUL), remaining useful life 4RULa, estimated component replacement costs, in total for �each component, as of February 2007, and the annual replacement cost for each component per individual unit share, based upon a U31 sh ;re for each of the 31 total residential units in the conversion building. Discussions of each building component commences In the text following the table. ORIGINAL REM ED APR 0 2 1007 PLA14NING DEPARTMENT CITY OF CLEARWATEP • qyy `,'A. T . e n �1- °"'ii .�11P s. �'^r a • I • •{ '•£'`��•F 4r •.;'nF, ''�;. • �4.�''iy `ih�''�I:�i��'J •�Y, r:.�, lYi�i �i� S_J�r.- .�1�.�.ttw .,,y ��, ®F. "ij ..s,o_ e� 'iai`te• -, n�," ! '�!t ' "f'. „'y, ,`rK'e�.`' - r,'�'iVj.,i@AA �.�+ rl° � „fir! 4-i° � ¢ i `�� �e.. I/= .lt a�,�.s, ��•.• �G..:.'aeer �. (•:��<. n'�i � .zQ.. �i • fir,',. ..7, .5;. ' "� '�,A}1z} =� �, .�� ..",••,f,;r?r• k.,. •.sir. vL F�,.� _ I� • � %ri.i�?{•k� t t ��r ,.r'„ .:v "'S` .+ i }�,:.. � �� .,.. . •^1 •T Nlii ,�f �.T .7n.�„ - - ,9.., - 5yy t. r`�, •y e't;14:'�t \. r- _`1�.. iC.S "M ;;{ . 4 t� - "EY �'::'n. F., ,..tri'a,<. - 'P ?,{� �i. .� 1 •qtr <� - '7 {vF ,.�' . r . a:'� . -u�- 1� -�. 55 aH, r „+ ,yi�5i 't. . 1�,. { : �$. 'rte. J.'a p,' -s; yµ..,. Y .r, T ^..� S! �� ":"4"r. _ _ 5�,� I ,_^S�wY ?$�`', "'i . - ,yi$'',''� :� r � -ny. .Y,4� t... .e '�"t .. ,!.cr,�. . % � •!>�+:._ �, i s'iz -..F ' r.•,: . ;,, ... i" « �. "`y'��A. 7 ��`� f0.'1 �xg„);';r: �' r. ;l' a ..�..+nJ;�,it. n t,..:�'° er/, �n_ r , n of .w� .,.;f:,"3'7•,i . � • r; Yui, - ,fr.`m 4u - � � .- .mr8i€:^ , l�S't,..�.a`5r �'. �, : tti .1 Y.^. #v ?�.i �1 . ,.. J .,J -'1 l- Fc. {� .d�'.:' ..7.I ��- zFr'pp: >S..i �rl�}1! -. .�.. ,� 4 �.t . 1,7...L•�' ,. �. �. ,.. 4s h }C r�f �� %' n5... ^I :i.s. J { � �,[?'' r>a :., '',3x F .x � ,�, ' r.,y"A -i ,- 5,+..Y r':'js a.l,,,{. �1]. },q, ,: -�`': b .r i� "',r�'. .,`7. , ., ?ct . �. n,.tF"{a - 5 {�{�,r''>S kyl�' KD, .p !' 910 °. �;��+C'��"'c'l,• {.r=it nom- ef:47.. (•2n• _,.�' _ `tr v _. ei. .';Qia r. '. ..! �N+. �, - J {kv ,{ >•.�` � .r, r 'S . rr. � .� x, , ,!a. u.. �.l.n.ks'».Fy`ef .. •} „Y '«Ci r • "(:f?g _ � %1 ._.x'. iii' *.. >.: e;rk,' y,`;;:4 ., . r1:'� ,rt �:.. ,n {rsl{ I.`l.Y •I *ih : � ,, ,.r� � f ;4 ?h 9,`'vin ti4 i'yy �h.,� - <� ..L'`+;. Jf 'r G5F!, u > ti'7 :C:` � i �s . r • ff .;;k.'�„ o- (,, • - -0.7' f t�4..'T+y- M� � 1.�,,.' T:.h:,',..T, bi` -f" -) };.� � f �: , c <5 ..,e d�i::l} -.,i, orn.: - r iah -;� "!� � •:rYJ F, iY. r�,b 'Y?� S !4 7 :�.�at`�';Dbn; .,.f,. .7 .5"Cf .«"_ }� 5" .�5.,' -k"._ ir. r, f•' "5'�`"..,,•��ro l r f L � C'33� ' i^ �:4J(, .�;, N'{ -T':. � ; y f "`•n (� iF x 'N.. .�, .7. ;i�. �a-r.`i °::".�C -k�' "� I •I a • '_ I ■ ••• ©� :1 111 11 111 /1 . 1, l�J c • • • ELMO ff• 11 MRIMCKEFM . 1 " • ram, • t ■ ® ••• �� � ,i• 1 11 os[ • ■• . . • - ••. Elmo MMEM- '.: 111 11 111 11 r�si�:JJ,ti:L�1ti� � • - � t ... �� ��f1�:�:jIj1�1]I� ��[Ifi►TIliETeE>• �x���r>,.. • • MUM ..■ •� 1w I •� -- . ... fW /si:.i61aL'�:13L3ia1►7J11 -'1 ' � 1 ► - . - _ • _�- • • ■ ©© 1 ! E 1 E , C 1 1 E 1 E , 1 • _ _ _r Mm f•• 1 1'11 11 1'1♦ 11� MUMM NOUN ■.,•%1. ti+V[[flllV ►_. 1 0 "OLII1IaLW, EzUPACUrnum Uosxs are esumarea using a 1i31 snare equally per unit. Total residential units in conversion building is 39 units in total. 0- c o c �m 2 0- 0 DOCKSIDE, A CONDOMINIUM, CONVERSION REPORT COMMON AREA CONVERSION CONDITION Each unit proportional share of the common area expenses are based on 2AV share per unit, and are summarized on the previous table. 11) ROOF The roof shfoglas, undarlayment and p od roof sheathing are new in the spring of 2004; the roof shingles have a 5o year, X30 mph wind uplift rating. Flat roofs are of modified b men granular surface roofing with an estimated life of 20 years. Gutters and downspouts are remodeled to new condition. The gutterinj has an estimated remaining useful life of 30 years. The mof systems and the roof guttering system appeared new, sound and serviceable for their intended use upon Inspection of February 2007. The proceeding table lays out the age, condition, estimated useful life (EUL), the remalning useful life (RUL), the estimated replacement cost, and the annual individual unit share replacement cost for the above element. (2) STRUCTURE The building structure was erected in 1919MR d is In good condition with a remaining useful life well In excess of 50 years. The building was constructed on driven piles and concrete pl Is supporting steel reinforced concrete columns supporting post tension cable reinforced r . concrete floor systems on each living level. The roof system Is a pre - engineered wood truss system with 5/8" plywood roof decking and composition shingle system. The roof syst Is a combination of pitched and fiat. The exterior walls are newly retrofitted in 2006 with a new lath and stucco plaster exterior finish sealed with elastomeric acrylic/latm paint. The buliding will require pressure washing and painting every 10 years. The living unitwkndows are a combination of new and 1988 vintage windows, aluminum white enamel frames with clear glass. The windows have a remaining useful life of over 30 years. Elevator lobby glass is commercial grade Kawneer type window system with a remaining useful life of over 30 years. The building suiperstructure appeared sound and serviceable for its Intended use upon inspection in February x�7. The proceeding table lays out the age, cons Won, estimated useful life (EUL), the remaining useful itfe (RUL), the estimated replacement cost, and the annual individual unit share replacement cost for the above element. (3) FIRE AND FIRE PROTECTION SYSTEMS Central fire and alarm systems are located in the building. visual and audible systems as well as pull stations are present throughout the building. The fire alarm system and alarm equipment shall be tested and inspected under a service contract. The central fire system was in good condition and serviceable for its Intended use upon Inspection of February 2007, and with remaining useful life, If serviced and maintained, in excess of 30 years. Each unit, the common lobbies and the parking garage under the building are protected by a new sprinkler system installed in 2006. The living units feature new PVC sprinkler systems in each unit; the garage has gtzhronlzed steel pipe sprinklers. The lobbies have new PVC are sprinklers The fire pumps, controls, values and mantf+�ld are of the 1988 vintage but have been serviced and upgraded to new condition. Upon inspection of February 20D7, the new fire sprinkler systems appeared sound and serviceable for their intended use. The proceeding table lays out the age, condition, estimated useful life (EUL), the remaining useful He (RUL), the estimated replacement cost, and the annual individual unit share replacement cast for the above element. (4) ELEVATORS The building features two elevators origh remodeling Inciuded the control and call seals and bearings to bring the elevators program the remaining useful life of the c functioning and fit for their intended use life (EUL), the remaining useful life (RUL), element. installed in 1988, The elevators were completely remodeled to as new condition in 2006. Tha ems, new Interiors and Foam and a complete overhaul of the motors, cabling, hydraulics, brakes, n as new condition. With a proper service contract and a regularly scheduled maintenance itors is in excess of 30 years The elevators were in as new condition, operational and fully n inspection of February 2007. The proceeding table lays out the age, condition, estimated useful estbrrated replacement cost, and the annual Individual unit share replacement cost for the above ORIGINAL RECEIVED APR 02 2007 PLANNING DEPAWI[WeNT CITY OF CLEARWATER DOCKSIDE, A CONDOMINIUM, (5) HEATING AND COOLING SYSTEMS IREPORT • The heating and cooling systems for the residential living units are individual residential, unit spedfic, split systems electric, condensers with fan coils and auxiliary heating mils. The two common area lobby areas each have a separate split system HVAC systems of the some type as the residential units, each controlled 5eparatet ,1. The residential and the common lobbies HVAC units are new in 2006. the estimated useful life of these systems is 20 years. Upon inspection of February 2007 the HVAC systems appeared new and serviceable for their Intended use. The preceeding table lays out the age, condittoi►, estimated useful life (EUL), the remaining useful life (RUL), the estimated replacement cost, and the annual individual unit share replacemeIpt cost for the above element (6) PLUMBING The building water supply line are copper and CPVC. The drain lines and vent piping are PVC. Each residential units supply and drainage piping was Installed with entirely new systems 6. Each unit has its own individual water heater, electric, sized for unit demand, and installed new In 2006. There are no common area water heaters, Hose bibs for building service and other needs are new In 2006. No evidence of polybutylene piping was observed or reported. The common building sewer piping was new In 1988. The remaining useful life of the new plumbing, supply and drainage systems is Ii i excess of 99 years, the remaining useful tire of the common building drainage tines is in excess of 82 years, Upon inspection of February 2007,the plumbing systems appeared sound and serviceable for their intended use. The plumbing system should be maintained as part of routine maintenance. The preceeding table lays out the age, condition, estimated useful life (EUL), the remaining useful life ( RUL), the estimated replacement cost, and the annual individual unit share replacement cost for the above element (7) ELECiRICALSYSTEMS The individual residential units are provided with individual minimum 150 amp services, some sized larger according to unit size and electrical demand. All unit wiring and circuit breaks boxes are new in 2006. Unit wiring is copper throughout. Overload protection is provided by circuit breakers and ground fault circuit interrupt. The individual units are metered separately. No evidence of aluminum unit wiring was observed or reported. The electrical mains supply finies were new In 1988. The estimated useful fife of the new eledde systems is 99 years, the estimated remaining useful life of the original mains and supply branches Is 82 years. The electrical systems should be maintained as part of routine maintenance. Upon inspection of February 2007, the electrical systems appeared sound and serviceable for their intended use. The proceeding table lays out the age, condhian, estimated useful life (EUL), the remaining useful life (RUL), the estimated replacement cost, and the annual Individual unit share replacement cost far the above element (8) SEAWALLS There are according to the survey, dated 2 seaward of the.bultdings, on Clearwater h. is constructed of concrete cast -la -place sh inspection on February 11, 2007. The vert or movement The estimated remaining u divided equally by the total number of uni good condition and operational on Februa remaining useful Ufa (RUL), the estimated 19/07 by, Klein iii Staub Surveying, Inc., surveyors, approximately 395 MOL lineal feet of seawall, bar. The seawall was new in 2988 was observed to be in good repair In February 2007. The seawall ins with a concrete cast -in -place cap. Some minor sacking was observed in the seawall cap upon at shoring appeared to be in good condition and sound with no evidence of deterioration, washout .ful fife of the vertical seawall is 20 years, and the cap 20 years. The seawall as a common element is , an an equal per unit basis for division of replacement costs. The seawall was observed to be In 11, 2007. The preceeding table lays out the age, condition, estimated useful fife (EUL), the ,placement cost, and the annual individual unit share replacement out for the above element ORIGINAL. RE DIED APR 02 2007 PLANNING DEFAk'IMENT CITY OF CLEARWATER 0 DOCKSIDE, A CONDOMINIUM, COWERS014 REPORT (9) PAVEMENT AND PARKING Concrete flatwork generally has an estimated useful life 01`30 years if constructed over a properly stabllited base and maintained regularly. The sidewalks and driveway aprons on this pro erty vary in age from now to 17 years. They were observed to he in good to excellent shape on Inspection on February 11, 2007. Given th Ir current condition it is estimated the flatwork should have a remaining estimated useful life of 30 years. The concrete parking pad under the wilding showed some expansion and stress cracking that has been repaired with pitch filling. The parking areas in general are paved with asphalt and were observed on February 31, 2007, to be in good condition. Parking striping and seal coating are typically required at approximately 5 year intervals. Asphalt paving typically has a useful life of 25 years depending on the Level of maintenance, traffic, and weather conditions. Given the condition of the parking areas, as observed, the estimated remaining useful fife of the asphalt parking areas Is 20 years, given pro per maintenance and seal coating, The pteceeding table lays out the age, tondItlon, estimated useful Ilfe (EUL), the remaining useful life (RUL), isle estimated replacement cost, and the annual individual unit share replacement cost for the above element. 1101 DRAINAGESYSTEMS Site drainage is provided by drainage grates, storm water basins, underground gravity piping, and on -site storm water retention areas. The estimated useful life of the drainage systems is 35 years. The observed system is in good repair and is estimated to have a remaining estimated useful life in excess of 3o years. The preceeinng table lays out the age, condition, estimated useful life (EUL), the remaining useful life (RUL), the estimated replacement cost, and the annual individual unit share replacement cost for the above element. The in -ground landscape Irrigation system 1 fed with reclaimed water and is metered for the entire condominium at the curb from a master meter. The estimated useful life of a PVC It system Is In excess of 30 years. On observation of the in -place irrigation system on February 11, 2007, the system appeared sound and serviceable for its intended use. The remaining life of the irrigation system, given proper routine maintenance Is In excess of 20 years. As the replacement value of the irrigation system in total is estimated to be under $10,000, no costs have been included in this analysis. The Inigatla i System should be maintained as part of routine maintenance, This concludes the individual building ORIGINAL REC9, FD APR C, 2 2901 IPLkNNING D&MI RENT CITY AE CLEARWATER Do,, csi I Condaaimi mn 0 41 r,-,brua_y 2007 Top: Building Loo_dng North 30tom: BuMmg Looking )+orkh*mff-- W" -l4ED AN 0 *r-_, 2007 , ,JIW NG DEPAWIViENT C [YOF CLEARWATER Dockside Condominium 0 • February 2007 Top: Building Looking 5outbeast R E iw- Bottom: Building Looking Southwest APR 0 2 2007 iJNiN G DEPARTMENT CDY CE CLEARWATER Dcck--,i4k Condc -minium 0 • Febrse_°y 2 )07 _ 07 PL-AM vi vG i'JitFiz' MENT IJ; OF CLE ARWATER Dc ckside Concommium 0 Felntw-S 2007 Rdl T )p: First Yo, - r Labb;i Er*nince 12FOHAr Bottom: Typical Under E uildi Puking Pad CITE' OF C %�A;WATER Dockside Condominium • 4) February 2007 Top: Common Area Walkway ORIGINAL Bottom: Common Area Elevator Entvan :e RECfivrr OR 02 2007 PWANG DiPAkIMENT CITY OF CP EARWATER Dockside Condominium 0 February 2007 Top: Lo-by Elevators ottom: SeconlFloor -ommon Area ORIGINAL RECF9VF.r 4-PR 0 22 2007 PLANNING DtpARIMEW CITY OF C! EARS ATER Dockside Condominium February 2007 Top: Ty .kd Inside Elevator Bottom: bUmEntremc Lobby RECHVED APR 02 2007 PL4i4P NG- Dc'- MftIMrNT ICY OF CLEARWATER Dockside Condomid qtr 0 0 February 2007 Top: Gzage Cviing New Drainage Plumbing Bottom: Mier Building Parking Pad :)RIGrt RECD FL) t"'R 2 2001 "LANNiNG DO-AkIMENT CITY OF Ce EARWATER Docksice Condominium 0 1* Ye') a.-y 2007 Top: C xr mm Area Walkw-raiy Bottom 7yprcai UnitKitcke:t ,U)RGNAL I,>.2007 = LA?gtjj[vi i DpAkIMENT Cpy OF CLEARWAI R Dockside Condominium 9 is February 2007 lop: Typiaa: Livmg Rn)rn A:-ea 3ottori: Typical Xltchcr- Diti-ig Room Area P19 I -P 2007 PLAIINING DtFAKIMENI CIT* OF CLEAPINATR Do Ibide Condomirs-im * 0 Febmary 2007 'jGIN L Top: Typical Living R-3,--m . area Bortom: Typcal Bats , m.krea 02 2007 Pis +li�'Ifvs:OtAft —t tt�jp cis ()F CLEAwrER Dockside Condominium • • February 2007 T )p: Seawall Bottom: Seawall �'RiG1l1�q� 4,pR 02200% CITY OF CL kPOM ER T • • DOCKSIDE, A CONDOMINIUM, CONVERSON REPORT 1S CONCLUSION AND CERTIFICATION This report, we believe, accurately represents the status and conditions evident and completed at the conversion, as observed by us February 11, 2D97, for the building being converted to a condominium to be known as Dockside, A Condominium, 455 Hamden Drive, Clearwater, Florida, and its attached site and common elements. This report was produced ustrng data from public records, information provided by the property owners. Information provided by the architect of record, the current property survey by Klein & Staub Surveying, Inc, physical inspection of the property by the author and the report engineer of record, and from other third party sources. This reports accuracy Is dependant upon the accuracy of the Information provided by the third parties as reliable and accurate as represented by the third parties to the author and the report engineer. The author of the conversion report and the conversion report engineer of record shall bear no responsibility or liability whatsoever for the accuracy of any Information provided to them by any third party source for the production of this report. Note, the report engineer of record is the professional engineer of record for this conversion report only, and Is not the engineer of record for any of the construction or structural activities related to this condominium project e ;Signed wnd st 1 •fir.,...' �.".,;i;Y' - .t'+� 1.�1i'� {�fl,itMcr„itt ltd .. Thomas Devening P.E. C-0E@�II IBC j�:1�1'p L k1E rr"1In Fr)- h OR 2 2007 • Prepared by and Return to: Kenneth G. Arsenault, Jr., Esquire Arsenault Law Group, P.A. 10225 Ulmerton Road, Suite 2 Largo, Florida 33771 DECLARATION OF DOCKSIDE, A CONDONUNIUM FULVIO DIVELLO AS TRUSTEE OF THE DIVELLO LAND TRUST DATED AUGUST 10, 2004, ( "Developer "), hereby declares: Introduction and Submission 1.1 The Land. The Developer owns the fee title to certain land located in Pinellas County, Florida, as more particularly described in Exhibit "1" annexed hereto (the "Land "). 1.2 Submission Statement. The Developer hereby submits the Land described in Exhibit "1" and all improvements erected or to be erected thereon to the condominium form of ownership and use in the manner provided for in the Florida Condominium Act as it exists on the date hereof and as it may be hereafter amended. Without limiting any of the foregoing, no property, not located within or upon the Land in Exhibit "1" as aforesaid shall for any purposes be deemed part of the Condominium or be subject to the jurisdiction of the Association, the operation and effect ofthe Florida Condominium Act or any rules or regulations promulgated pursuant thereto. 1.3. Name. The name by which this Condominium is to be identified is DOCKSIDE, A CONDOMINIUM (hereinafter called the "Condominium"). Definitions. The following terns when used in this Declaration and in its exhibits, and as it and they may -hereafter be amended, shall 'have the respective meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: 2.1 "Act" means the Condominium Act (Chapter 718 of the Florida Statutes) as it exists on the date hereof and as may be hereafter amended. 2.2 "Articles" or "Articles ofIncorporation" means the Articles of Incorporation of the Association, as amended from time to time. 2.3 "Assessment" means a share ofthe funds required for the payment of Common Expenses which from time to time is assessed against the Unit Owner. 2.4 "Association" or "Condominium Association" means DOCKSIDE CONDOMINIUM ASSOCIATION CLEARWATER BEACH, INC._, a Florida corporation not for profit, the sole entity responsible for the operation of the Condominium. 2.5 "Association Property" means the property, real and personal, title to which ownership of is vested in the Association for use and benefit of its members. 2.6 'Building" means the structure (s) in which the Units and the Common Elements are located, regardless of the number of such structures, which are ` RIGNAL YFC9 ✓FD 1"R 2' 2007 K4ANG C)kp 11d11V hN CITY OF CLEAI?WAIEp • • located on the Condominium Property. 2.7 'By- Laws" mean the By -Laws of the Association, as amended from time to time. 2.8 "Common Elements" mean and include: (a) The portions of the Condominium Property which are not included within the Units. (b.) Easements through Units for conduits, ducts., plumbing, wiring and other facilities for the furnishing of utility and other services to Units and the Common Elements. (c) An easement of support in every portion of a Unit which contributes to the support of the Building. (d) The property and installations required for the furnishing of utilities and other services to more than one Unit or to the Common Elements. (e) Developer at its option may assign certain boat slips to the Association for use by all Unit Owners as ` Daydocks". If Daydocks are assigned to the Association, the Association shall pay a pro -rata share of the cost of maintaining the Boat Docking Facilities as further provided in this Declaration. (f) Any other parts of the Condominium Property designated as Common Elements in this Declaration. (g) Although the Developer has no _present intention of doing so., it reserves the right at any time to expand or add to any of the above described Common Elements and to include such other facilities as the Developer deems appropriate. The consent of the Unit Owners or the Association shall not be required for any such construction or exclusion. No party-is obligated, however, to so expand the facilities or provide additional facilities. 2.9 "Common Expenses" means all expenses and assessments which are properly incurred by the Association for the Condominium. 2.10. "Common Surplus" means the excess of all receipts of the Association collected on behalf of the Association, including, but not limited to, Assessments, rents, profits and revenues on account of the Common Elements, over the amount of Common Expenses. ' 2.11 "Condominium Parcel" means a Unit together with the undivided share in the Common Elements which is appurtenant to said Unit; and when the context permits, the term includes all other appurtenances to the, Unit. 2.12 "Condominium Property" means the land, improvements and other property described in Section 1.2 hereof, subject to the limitations thereof and exclusions therefrom. 2,13 "County" means the County of Pinellas, State of Florida. 2.14 "Declaration" or "Declaration of Condominium" means this instrument, as it may be amended from time to time. 2.15 "Developer" means FULVIO DIVELLO AS TRUSTEE OF THE DIVELLO LAND TRUST DATED AUGUST 10, 2004, its successors and such of its ORIGIN& REFVFD APR 02 2007 PLANNING DEPAVI -MENT CITY OF CLEARWATER 0 0 assigns as to which its rights hereunder are assigned by written instrument recorded in the Public Records of the County. Such assignment maybe made on an exclusive or non - exclusive basis and may be an assignment of all or only portions of its rights as Developer hereunder, provided, however, that no such assignment shall make any assignee the "Developer" for purposes hereof unless such assignmentis an assignment of all of Developer's rights hereunder and is exclusive, except,as to any previously assigned rights. 2.16 "Improvements" means all structures and artificial changes to the natural environment (exclusive of landscaping) located on the Condominium Property, including, but not limited to, the Building. 2.17 "Institutional First Mortgagee" means a bank, savings and loan association, insurance company, real estate or mortgage investment trust, pension fund, an agency of the United States Government, mortgage banker, the Federal National Mortgage Association ( "FNMA "), the Federal Home Loan Mortgage Corporation ( "FHLMC ") or any other lender generally recognized as an institutional tender, or the Developer, holding a first mortgage on a Unit or Units. A "Majority of Institutional First Mortgagees" shall mean and refer to Institutional First Mortgagees of Units to which at least fifty -one percent (51 %) of the voting interests of Units subject to mortgages held by Institutional First Mortgagees are appurtenant. 2.18 "Limited Common Elements" means those Common Elements the use of which is reserved to a certain Unit to the exclusion of other Units, as specified herein. References to Common Elements shall include Limited Common Elements unless the context would prohibit or it is otherwise provided. 2.19 "Primary Institutional First Mortgagee" means the Institutional First Mortgagee which owns, at the relevant time, Unit mortgages securing a greater aggregate indebtedness than is owed to any other Institutional First Mortgagee. 2.20 "Unit" means a part of the Condominium Property which is subject to exclusive ownership. 2.21 "Unit Owner" or "Owner of a Unit" or "Owner" means a record Owner of legal title to a Condominium Parcel. Descrintion of Condominium 3.1 Identification of Units. The Land has constructed thereon One Residential Building containing 31 Units. Each such Unit is identified by a separate numerical designation. The designation of such Units is set forth on Exhibit "2" attached hereto. Exhibit "2" consists of a survey of the Land, a graphic description of the Improvements located thereon, including, but not limited to, the Building in which the Units are located, and a plot plan thereof. Said Exhibit "2 ", together with this Declaration, is sufficient in detail to identify the Common Elements and each Unit and their relative locations and dimensions. There shall pass with a Unit as appurtenances thereto (a) an undivided share in the Common Elements and Common Surplus; (b) the exclusive right to use such portion of the Common Elements as may be provided in this Declaration, including, without limitation, the right to transfer such right to other Units or Unit Owners; (c) the exclusive easement for the use of the airspace occupied by the Unit as it exists at any particular time and as the Unit may lawfully be altered or reconstructed from time to time, provided that an easement in airspace which is vacated shall be terminated automatically; (d) membership in the Association with the full voting ri ghts appurtenant thereto; and (e) other appurtenances as may be provided by this Declaration or the Act. ORIGINAL REM VMD 3 APR 0 2 2007 CITY OF CLEARWATER 3.2 Unit Boundaries. Each unit shall include that part of the Building containing the Unit that lies within the following boundaries: (a) Upper and Lower Boundaries. The upper and lower boundaries of the Unit shall be the following boundaries extended to their planar intersections with the perimetrical boundaries: (i) Upper Boundaries. The horizontal plane of the unfinished lower surface of the ceiling. (ii) Lower Boundaries. The horizontal plane of the unfinished upper surface of the floor of the Unit. (b) Perimetrical Boundaries. The perimetrical boundaries of the Unit shall be the vertical planes of the unfinished interior surfaces of the walls bounding the Unit extended to their planar intersections with each other and with the upper and lower boundaries. (c) Apertures. Where there are apertures in any boundary, including, but not limited to, windows, doors, bay windows and skylights, such boundaries shall be extended to include the windows, doors and other fixtures located in such apertures, including all frameworks thereof, _provided, however, that exterior surfaces made of _glass or other transparent material, and the exteriors of doors, shall not be included in the boundaries of the Unit and shall therefore be Common Elements. (d) Exceptions. In cases not specifically covered above, and /or in any case of conflict or ambiguity, the survey of the Units set forth as Exhibit "2" hereto shall control in determining the boundaries of a Unit, except that the provisions of Section 3.2(c) above shall control unless specifically depicted otherwise on such survey. 3.3 Limited Common Elements. Each Unit may have as Limited Common Elements appurtenant thereto, the exclusive right to use such Limited Common Elements subject to the terms hereof. (a) Balconies. Any balcony as to which direct and exclusive access shall be afforded to any particular Unit to the exclusion of all others, shall be a Limited Common Element of such Unit. (b) Parking Spaces. Each Unit shall be assigned by the Developer, at least one (1) Parking Space located on the Common Elements. The location of the vertical plane of the centerline of the line shown on Exhibit "2" as designated or constructed by the Developer shall be the common boundary between the adjoining Parking Spaces.. Parking Spaces shall initially be assigned by the Developer. Unit Owners may not assign nor allow use of a Parking Space to or by any person .or_enttky who .is.not_a Unit Owner. EACH UNIT OWNER ACKNOWLEDGES AND AGREES THAT THE PARKING FACILITIES MAY BE LOCATED BELOW FEDERAL FLOOD PLAIN OR IN A FLOOD PRONE AREA, AND ACCORDINGLY IN THE EVENT OF FLOODING, ANY AUTOMOBILES AND /OR PERSONAL PROPETY STORED THEREINIS SUSCEPTIBLE TO WATER DAMAGE. ADDITIONALLY, INSURANCE RATES, BOTH FOR THE ASSOCIATION IN INSURING THE PARKING FACILITIES AND FOR OWNERS, MAYBE HIGHER THAN NORMAL. BY ACQUIRING TITLE TO, OR TAKING POSSESSION OF A UNIT, OR ACCEPTING THE ASSIGNMENT OF A PARKING SPACE(S); EACH OWNER, FOR SUCH ORIGINAL REOPIVED APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER 0 E OWNER AND THE OWNER'S TENANTS, GUESTS AND INVITEES, HEREBY EXPRESSLY ASSUMES ANY RESPONSIBILITY FOR LOSS, DAMAGE OR LIABILITY RESULTING THEREFROM. (c) Boat Docking Facilities. The Developer has constructed Boat Docking Facilities adjacent to the east boundary the Condominium Property ( "Boat Docking Facilities "). The Boat Docking Facilities are shown on the plot plans attached to this Declaration as Exhibit "2 ". At the time of recording this Declaration, the Boat Docking Facilities are not a part of this Condominium. Such Boat Docking Facilities may, but are not required to be, made a part of this Condominium. There is no assurance that any Boat Docking Facilities will be apart of this Condominium or become Association property. The Boat Docking Facilities may, but are not required to be, made a part of this Condominium by a separate deed of the land upon the Boat Docking Facilities are located to the Association by the Developer or by the issuance of a sovereign submerged lands lease of the land upon which the Boat Docking Facilities are located. If the Boat Docking Facilities become a part of the Condominium or become property owned by the Association, the provisions of this Section 3.3(c) shall apply. Upon delivery of control of the Boat Docking Facilities to the Association, access to docks and piers shall be subject to control by the Association and access to all or part, of the Boat Docking Facilities may be restricted by Association to only Boat Slip Owners whose boat slips abut such docks and piers subject to the rights of the Developer as provided in Section 3.4(i) below. Except for rights as to use ofDaydocks, if any, in common with otherUnit Owners, no Unit Owner that is not a Boat Slip Owner shall have any right to use the Boat Docking Facilities for any purpose except as expressly permitted by the Association. The Association is expressly prohibited from granting use rights or adopting any rule or regulation that materially and adversely affects the rights of Boat Slip Owners without the prior approval of seventy -five (75 %) percent of such Boat Slip Owners. Installation of boat lifts or other equipment and all other improvements or alterations made by Boat Slip Owners Cowner Improvements ") must be approved in writing by the Association. All expenses related to installation maintenance, repair and replacement of Owner Improvements shall be the sole responsibility of the Boat Slip Owner making such Owner improvements and his/her successors and assigns. Any damage to Boat Docking Facilities caused by such Owner Improvements or by an Owner or his/her occupant in connection with use of a boat slip shall be repaired by Association and all expenses incurred by the Association shall be assessed to such Owner. All terms and conditions of the governmental approvals relating to the Boat Docking Facilities shall be complied with by Boat Slip Owners as to the boat slips and by theAssociation and Unit Owners as to the Daydocks or common use of the Boat Docking Facilities. The Developer reserves the right to assign to Unit purchasers (for additional consideration paid by Unit purchasers) the exclusive right to use any or all boat slips located within the Boat Docking Facilities, The exclusive right to use the boat slips shall be assigned without warranties. Said exclusive right to use the boat slips may then be assigned with the conveyance or sale of the Unit Owner's Unit, or may be assigned separate from the Unit to which it was originally 1�)R101NAL 5 RECKIVED APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER assigned, provided, however, that the exclusive right to use the boat slips shall only be assigned to another Unit Owner or the Association. The use of boat slips by anyone other than a Unit Owner or occupant of the Unit Owner's Unit or the Association is prohibited. One or more boat slips may be designated by Developer for use by guests of all Unit Owners (` Daydocks"). All maintenance, repair, reconstruction, utility expenses, taxes, assessments, rent, charges and public charges of every kind and nature or other operational expenses of the boat slips and docks or piers and other components of the Boat Docking Facilities shall be paid for by the Unit Owners having the exclusive right to use the boat slips, with each paying a prorata share of said expenses. The prorata share shall be a fractional share, the numerator being 1 and the denominator being the total number of boat slips within the Boat Docking Facilities. If Daydocks are assigned by the Developer to the Association, the Association shall pay its prorata share of all Boat Docking Facilities expenses. The prorata share shall become the personal obligation of the Unit Owner to which such boat slip was assigned and shall be enforced in accordance with the terms of Section 12 of this Declaration. Determination of the amount of the charges, collection of the same and enforcement of payment of the same shall be handled by the Association in the same manner as a common expense among Unit Owners having the exclusive right to use the boat slips, pursuant to Sections 11 and 12 of this Declaration. Notwithstanding the forgoing, if any utilities to the boat slips are separately metered, each Unit Owner with the exclusive right to use the boat slip to which separate metered utility is provided shall be personally obligated to pay the cost of the utility to that Slip as metered. In addition, Unit Owners with the exclusive right to use the boat slips shall carry, at their own expense, such hazard insurance as they may elect. The Association shall carry, as a common expense of all Unit Owners liability insurance for the Condominium Properly including the Boat Docking Facilities and shall maintain, as a common expense, the sea wall abutting the submerged lands. Use of the boat slips and Boat Docking Facilities shall be subject to such rules as may be adopted from time to time by the Association subject to the limitations stated herein. If any part of the Boat Docking Facilities, including any ofthe docks or piers, shall be damaged or destroyed by casualty or otherwise, there shall be an affirmative obligation on the part of the Association to promptly reconstruct or repair the wooden docks or piers and other components of the Boat Docking Facilities and all costs incurred shall be paid by the Association and collected from the Boat Slip Owners to the extent of such Owners' prorata share. The Association shall be the responsible operation and maintenance entity for the proposed dock facilities and for operation, maintenance, repair, replacement, and re- inspection reporting in accordance with applicable governmental leases and permits as amended from time to time. The use of the Boat Docking Facilities shall be subject to the following restrictions which cannot be changed without written approval by the Southwest Florida Water Management District: (i) no live - aboards, fueling faculties or sewage pump facilities are to be part of the Boat Dock Facilities; and (ii) such other restrictions as may be contained in governmental approvals at the time of issuance and as may be further stated in Schedule "A" to the ByLaws attached hereto 04IGNAL REC91TVED APR 0 2 2007 PfMf ING DEPARIMENT CITY OF CLEARWATER • r as Exhibit "4". The Association will follow the applicable conditions of the State of Florida's Clean Marina Program. Until such time as the Boat Docking Facilities have been conveyed or assigned to the Association, the Developer reserves the right to amend this Section 33(c) in accordance with the provisions of Section 6.2 below. 3.4 Easements. The following easements are hereby created (in addition to any easements created under the Act): (a) Support. Each Unit shall have an easement of support and of necessity and shall be subject to an easement of support and necessity in favor of all other Units, and the Common Elements. (b) Utility and Other Services, Drainage. Easements are reserved under, through and over the Condominium Property as may be required from time to time for utility, cable television, a master antenna television system, communications and security systems, or other services or drainage facilities or the use of these easements. The Association shall have the irrevocable right of access to each Unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any Common Elements, or of any portion of a Unit to be maintained by the Association pursuant to the terms hereof, or as necessary to prevent damage to the Common Elements or any Unit. (c) Encroachments. If (a) any portion of the Common Elements encroaches upon any Unit; (b) any Unit encroaches upon any other Unit or upon any portion of the Common Elements; or (c) any encroachment shall hereafter occur as a result of (i) construction of the Improvements; (ii) settling or shifting of the Improvements; (iii) . any alteration or repair to the Common Elements made by or with the consent of the Association or Developer, as appropriate, or (iv) any repair or restoration of the Improvements (or any portion thereof) or any Unit after damage by fire or other casualty or any taking by condemnation or eminent domain proceedings of all or any portion of any Unit or the Common Elements, then, in any such event, a valid easement shall exist for such encroachment and for the maintenance of the same so long as the Improvements shall stand. (d) Ingress and Egress. A non - exclusive easement in favor of each Unit Owner and resident, their guests and invitees, shall exist for pedestrian traffic over, through and across sidewalks, streets, paths, walks and other portions of the Common Elements as from time to time may be intended and designated for such purposes and use; and for vehicular and pedestrian traffic over, through and across such portions of the Common Elements as from time to time may be paved and intended for such purposes. None of the easements specified in this subparagraph (d) shall be encumbered by any leasehold or lien other than those on the Condominium Parcels. Any such lien encumbering such easements (other than those on Condominium Parcels) automatically shall be subordinate to the rights of Unit Owners and the Association with respect to such easements. (e) Construction, Maintenance. The Developer (including its designees, contractors, successors and assigns) shall have the right, in its (and their) sole discretion from time to time, to enter the Condominium Property and take all other action necessary or convenient for the purpose of completing the construction thereof, or any Improvements or Units located or to be located thereon, and for repair, replacement RECHVED APR 0 2 2007 PtAvNINt DEPAt2NENT CITY OF CLEARWATER • i and maintenance purposes or where the Developer, in its sole discretion, determines that it is required or desires to do so. (f) Sales Activity. For as long as the Developer is offering Units for sale in the ordinary course of business, the Developer, its designees, successors and assigns, shall have the right to use any such Units and parts of the Common Elements for guest accommodations, model apartments and sales, management and construction offices, to show model Units and the Common Elements to prospective purchasers and to erect on the Condominium Property signs and other promotional material to advertise Units for sale or lease. The Lobby and other open rooms, located on the f4st level may be used by the Developer as a sales center until all units have been conveyed to purchasers, and then shall be available to Owners, and their guests and invitees for a meeting/leisure room. This paragraph shall not be amended without the consent of the Developer. (g) Association. The Association shall have an easement of access over, under and through the Condominium Property for the purpose of performing its functions pursuant to the Declaration. (h) Additional Egsements. The Developer (as long as it is offering Units for sale in the ordinary course of business) and the Association, on their behalf and on behalf of all Unit Owners (each of whom hereby appoints the Developer and the Association as its attorney -in -fact for this purpose), each shall have the right to grant such additional general ( "blanket ".) and specific electric, gas or other utility, cable television, security systems, communications or service easements (and appropriate bills of sale for equipment, conduits, pipes, lines and similar installations pertaining thereto), or relocate any such existing easements or drainage facilities, in any portion of the Condominium Property, and to grant access easements or relocate existing access easements in any portion of the Condominium or Association Property, as the Developer or the Association shall deem necessary or desirable for the proper operation and maintenance of the Improvements, or any portion thereof, or for the general health or welfare or the Unit Owners, or for the purpose of carrying out any provisions of this Declaration, provided that such easements or the relocation of existing easements will not prevent or unreasonably interfere with the reasonable use of the Units for dwelling purposes. (i) Dock Easements. The Developer or a related business entity may purchase or lease adjacent submerged lands located next to the seawall shown on the Plot Plan (Exhibit "2" to the Declaration). If such submerged land or lease is acquired, the Developer or a related business entity may offer units in the Condominium an assignment of an exclusive right to use the boat slip to Unit Owners for separate consideration. The Developer reserves to itself and its successors and assigns the right, in its (and their) sole discretion from time to time, to enter the Condominium Property for the following purposes: (i) access to the adjacent submerged land, (ii) construction installation and maintenance of utility services for the boat slips and dock, (iii) construction installation and maintenance of boat slip and dock facilities and (iv) staging area and contractor parking. This paragraph will not be amended without the consent of the Developer. RECUVED AI R 0 2 2007 NANNING DEPARTMENT CITY OF CLEARWATER 0 Restraint Upon Separation and Partition of Common Elements. The undivided share in the Common Elements and Common Surplus which is appurtenant to a Unit, shall not be separated therefrom and shall pass with the title to the Unit, whether or not separately described. The appurtenant share in the Common Elements and Common Surplus, except as elsewhere herein provided to the contrary, cannot be conveyed or encumbered except together with the Unit. The respective shares in the Common Elements appurtenant to Units shall remain undivided, and no action for partition of the Common Elements, the Condominium Property, or any part thereof, shall lie, except as provided herein with respect to termination of the Condominium. Ownership of Common Elements and Common Surplus and Share of Common Expenses: Voting Rights. 5.1 Percentage Ownership and Shares. Upon recordation of this Declaration, each Unit shall have an undivided share in the ownership of the Common Elements and Common Surplus and the share of the Common Expense equal to one thirty first (1 /31St). This calculation was undertaken to establish a fair and equitable method of assessments for each Unit. Every purchaser agrees to be bound by said calculations, and hereby irrevocably waives the right to assert that such calculations were unfair or in error. 5.2 Voting. Each Unit Owner shall be a member of the Association. Each Unit shall be entitled to one (1) vote to be cast by its Owner in accordance with the provisions oftheBy -Laws and Articles ofthe Association. Any two (2) Units which have been combined into one (1) combined Unit shall be deemed to be two (2) Units (as if they had not been so combined) and shall therefore be entitled to two (2) votes to be cast by its Owner. In such event, the provisions of 718.110, Florida Statutes, shall first be met. 6. Amendments. Except as elsewhere provided herein, amendments may be effected as follows: 6.1 By The Association. Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which the proposed amendment is to be considered. An amendment may be proposed either by a majority of the Board of Directors or by not less than one -third (113) of the members of the Association. Except as elsewhere provided, approvals of proposed amendments must be by affirmative vote ofUnit Owners owning in excess of two- thirds (2/3) of the Units. Directors and members not present in person or by proxy at the meeting considering the amendment may express their approval or disapproval in writing, provided that such approval or disapproval is delivered to the secretary at or prior to the meeting, however such approval or disapproval may not be used as a vote for or against the action taken and may not be used for the purpose of creating a quorum. 6.2 By The Developer or The Association for Omissions and Errors Pursuant to Section 718.110 (9) and 718.110 (2) Florida Statutes, the Developer, without a vote of Unit owners, or the Association upon a vote of a majority of the voting interests, may amend the Declaration, the Articles or the By -Laws of the Association to correct an omission or error, or effect any other amendment, except that this procedure for amendment cannot be used if such an amendment would materially and adversely affect substantial property rights of Unit Owners, unless the affected Unit Owners consent thereto. Notwithstanding anything herein contained to the contrary, during the time the 9 ORIGINAL I?EC,CIVFD APR 0 2 2007 Pb'HtvPvING, DiPA WENT CITY OF CLEARWATER 0 0 Developer has the right to elect a majority of Board Directors of the Association, the Declaration, the Articles of Incorporation or the By -Laws of theAssociation may be amended by the Developer alone, without requiring the consent of any other party, to effect any change whatsoever, except for an amendment: (a) to permit time -share estates (which must be approved, if at al 1, by all Unit Owners and mortgagees on Units); or (b) to effect a Material Amendment which must be approved, if at all, in the manner set forth in Section 6.4 below. The unilateral amendment right set forth herein shall include, without limitation, the right to correct scrivener's errors. No amendment may be adopted which would eliminate, modify, prejudice, abridge or otherwise adversely affect any rights, benefits, privileges or priorities granted or reserved to the Developer, without the consent of the Developer in each instance. 6.3 Execution and Recording, An amendment, other than amendments made by the Developer alone pursuant to the Act or this Declaration, shall be evidenced -by a certificate of the Association which shall include recording data identifying the Declaration and shall be executed either by the President ofthe Association or a majority of the members of the Board of Directors and shall be executed with the same formalities required for the execution of a deed. Amendments by the Developer must be evidenced by a similar certificate executed by the Developer alone. An amendment to the Declaration is effective when the applicable amendment is properly recorded in the public records of the County. 6.4 Proviso: Unless otherwise provided specifically to the contrary in this Declaration, no amendment shall change the configuration or size of any Unit in any material fashion, materially alter or modify the appurtenances to any Unit, or change the percentage by which the Owner of a Unit shares the Common Expenses and owns the Common Elements and Common Surplus, (any such change or alteration being a `Material Amendment ") unless all Owner(s) thereof and all record owner of mortgages or other liens thereon, shall join in the execution of the amendment and the amendment is otherwise approved by in excess of 2/3 or more of the voting interests of Unit Owners. No amendment may be adopted which would eliminate, modify, prejudice, abridge or otherwise adversely affect any rights, benefits, privileges or priorities granted or reserved to the Developer or mortgagees in each instance; nor shall an amendment make any change in the sections hereof entitled "Insurance ", "Reconstruction or Repair after Casualty", or "Condemnation" unless the Primary Institutional First Mortgagee shall join in the amendment, The provisions of this paragraph of Section 6.4 may not be amended in any manner. No provision of this Declaration shall be revised or amended by reference to its title or number only. Proposals to amend existing provisions of this Declaration shall contain the full text of the provision to be amended; new words shall be inserted in the text underlined; and words to be deleted shall be lined through with hyphens. However, if the proposed change is so extensive that this procedure would hinder, rather than assist, the understanding of the proposed amendment, it is not necessary to use underlining and hyphens as indicators of words added or deleted, but, instead, a notation must be inserted immediately preceding the proposed amendment in substantially the following language: "Substantial rewording of Declaration. See Provision for the present text." Nonmaterial errors or omissions in the amendment process shall not invalidate an otherwise properly promulgated amendment. The acquisition of property by the Association, material alterations or substantial additions to such property or the Common Elements by the Association and installation, replacement, operation, repair and maintenance of approved hurricane shutters,.if in accordance with the provisions of this Declaration, shall not be deemed to constitute a material alteration or modification of the appurtenances of the Units, and accordingly, shall not constitute a Material ORIGINAL 10 REC'~la%FP ;�R 0 2 2007 PLANNING DiPARTMENT CITY OF CLE,A.RWATER 0 i Amendment. 7. Maintenance and Repairs 7.1 Units and Limited Common Elements. All maintenance, repairs and replacements of, in or to any Unit and Limited Common Elements appurtenant thereto, whether structural or nonstructural, ordinary or extraordinary, including, without limitation, maintenance, repair and replacement of screens, screen enclosures, windows, the interior side of the entrance door and all other doors within or affording access to a Unit, and the electrical (including wiring), plumbing (including fixtures and connections), heating and air - conditioning equipment, fixtures and outlets, appliances, carpets and other floor coverings, all interior surfaces and the entire interior of the Unit lying within the boundaries of the Unit or other property belonging to the Unit Owner, shall be performed by the Owner of such Unit at the Unit Owner's sole cost and expense, except as to the maintenance of the Parking Spaces, Patios, Courtyards and Balconies although Limited Common Elements, shall be maintained by the Association. 7.2 Common Elements. Except to the extent (i) expressly provided to the contrary herein, or (ii) proceeds of insurance are made available therefor, all maintenance, repairs and replacements in or to the Common Elements shall be performed by the Association and the cost and expense thereof shall be charged to all Unit Owners as a Common Expense, except to the extent arising from or necessitated by the negligence, misuse or neglect of specific Unit Owners, in which case such cost and expense shall be paid solely by such Unit Owners. 7.3 Boat Docking Facilities. The obligation to maintain and repair Boat Docking Facilities shall be that of the Association and the cost thereof shall be allocated as provided in Section 3.4(d) above. Additions, Alterations or Improvements by the Association Whenever in the j udgment of the Board of Directors, the Common Elements, or any part thereof, shall require capital additions, alterations or improvements (as distinguished from repairs and replacements) costing in excess of $10,000 in the aggregate in any - calendar year, the Association may proceed with such additions, alterations or improvements only if the making of such additions, alterations or improvements shall have been approved by a majority of the Units represented at a meeting at which a quorum is attained. Any such additions, alterations or improvements to such Common Elements, or any part thereof, costing in the aggregate $10,000 or less in a calendar year may be made by the Association without approval of the Unit Owners. The cost and expense of any such additions, alterations or improvements to such Common Elements shall be as a "Capital Improvement Assessment" of the Unit Owners as provided in Secti on 12.2 hereof. For purposes ofthis section, "aggregate in any calendar year" shall include the total debt incurred in that year, if such debt i s incurred to perform the above• stated purposes, regardless of whether the repayment of any part of that debt is made beyond that year. Additions, Alterations or Improvements by Unit Ownet/Developer 9.1 Consent of the Board of Directors. No Unit Owner shall make any addition, alteration or improvement in or to the Common Elements, his Unit or any Limited Common Element without the prior written consent of the Board of Directors, provided that the Board ofDirectors shall not withhold its consent to the installation of hurricane shutters, window film or laminated glass, as long as same have a character, location and other attributes approved by the Board. The Board shall have the obligation to answer any written request by a Unit Owner for approval of RECENM APR 0 2 2007 PLAWNING DEPARMENT CITY OF CLEARWATER • 0 such an addition, alteration or improvement in such Unit Owner's Unit or Limited Common Elements within forty-five (45) days after such request and all additional information requested is received, and the failure to do so within the stipulated time shall constitute the Board's consent. The proposed additions, alterations and improvements by the Unit Owners shall be made in compliance with all laws, rules, ordinances and regulations of all governmental authorities having jurisdiction, and with any conditions imposed by the Association with respect to design, structural integrity, aesthetic appeal, construction details, lien protection or otherwise. A Unit Owner making or causing to be made any such additions, alterations or improvements agrees, and shall be deemed to have agreed, for such Owner, and his heirs, personal representatives, successors and assigns, as appropriate, to hold the Association, and all other Unit Owners harmless from and to indemnify them for any liability or damage to the Condominium Property and expenses arising therefrom, and shall be solely responsible for the maintenance, repair and insurance thereof from and after the date of installation or construction thereof as may be required by the Association. Notwithstanding the foregoing, in order to allow the Association to obtain the operating history and experience necessary to provide for uniformity in the nature of Unit Owner improvements and to protect the aesthetic appeal of the Condominium, no such requests for additions, alterations or improvements may be presented to the Board for its consideration until such time as the Unit Owners, other than the Developer, have elected a majority of the Board of Directors. 9.2 Expansion of Common Elements by Developer. Although the Developer has no present intention of doing so, it reserves the right at any time to expand or add to any of the above described Common Elements and recreational facilities and to include such other facilities as the Developer deems appropriate. The consent ofthe Unit Owners or the Association shall not be required for any such construction or exclusion. No party is obligated, however, to so expand the facilities or provide additional facilities. 9.3 Developer's Reserved Right. Developer reserves the right to nonmaterially alter, change or modify the interior design and arrangement of all Condominium Units and to alter the boundaries between the Condominium Units as long as Developer owns the Condominium Units so altered (which alterations in Developer's Condominium Units are hereinafter referred to as the "Developer Alterations "). Any material changes shall require the majority approval of the Voting Interests in the Condominium. 10. Operation of the Condominium by the Association• Powers and Duties. 10.1 Powers and Dutie§. The Association shall be the entity responsible for the operation of the Condominium. The powers and duties of the Association shall include those set forth in the Articles of the Association and By -Laws (Exhibits "3" and "4" annexed hereto), as amended from time to time. In addition, the Association shall have all the powers and duties set forth in the Act, as well as all powers and duties granted to or imposed upon it by this Declaration, including, without limitation: (a) The irrevocable right to have access to each Unit and its Limited Common Elements from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any Common Elements therein or performing extermination services, or at any time and by force, if necessary, for making emergency repairs therein necessary to prevent damage to the Common Elements or to any other Unit or Units. (b) The power to make and collect Assessments and other charges against Unit Owners and to lease, maintain, repair and replace the Common Elements. (c) The duty to maintain accounting records according to good accounting practices, which shall be open to inspection by Unit Owners or their authorized 12 ORIGINAL RE �VFD AN 0 2' 2007 KkNNIfgG 1DEPARiMENT C17Y OF CLEARWATER • C_J representatives at reasonable times uponprior reguest (d) The power to contract for the management and maintenance of the Condominium Property and to authorize a duly licensed management agent (who may be an affiliate of the Developer) to assist the Association in carrying out its powers and duties by performing such functions as the submission of proposals, collection of Assessments, preparation of records, enforcement of rules and maintenance, repair and replacement of Common Elements with such funds as shall be made available by the Association for such purposes. The Association and its officers shall, however, retain at all times the powers and duties granted in the Condominium documents and the Condominium Act, including, but not limited to, the making ofAssessments, promulgation of rules and execution of contracts on behalf of the Association. (e) The power to borrow money, execute promissory notes and other evidences of indebtedness and to give as security therefor mortgages and security interests in property owned by the Association, if any, provided that such actions are approved by a majority of the entire membership of the Board ofDirectors and of the Units represented at a meeti ng at which a quorum has been attained, or by such greater percentage of the Board or Unit Owners as may be specified in the By -Laws with respect to certain borrowing. (f) The power to charge a fee for the exclusive use of any Common Elements by an Owner having a right to Such use. (g) The power to adopt and amend rules and regulations concerning the details of the operation and use of the Condominium Property. (h) The limited power to convey a portion of the Common Elements pursuant to 718.112(2Xm), Florida Statutes. (i) All of the powers which a corporation not for profit in the State of Florida may exercise. In the event of conflict among the powers and duties ofthe Association or the terms and provisions of this Declaration or the exhibits attached hereto, this Declaration shall take precedence over the Articles, By -Laws and applicable rules and regulations; the Articles shall take precedence over the By -Laws and applicable rules and regulations; and the By -Laws shall take precedence over applicable rules and regulations, all as amended from time to time. Notwithstanding anything in this Declaration orits exhibits to the contrary, the Association shall at all times be the entity having ultimate authority over the Condominium, consistent with the Act. 10.2 Restraint Upon Assignment of Shares in Assets. The share of a Unit Owner in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to his Unit. 10.3 Approval or Disapproval of Matters. Whenever the decision ofa Unit Owner is required upon any matter, whether or not the subject of an Association meeting, that decision shall be expressed by the same person who would cast the vote for that Unit if at an Association meeting, unless the joinder of all record Owners of the Unit is specifically required by this Declaration or by law. 10.4 Acts of the Association. Unless the approval or action of Unit Owners, and/or a certain specific percentage of the Board of Directors of the Association, is specifically required in this Declaration, the Articles or By -Laws of the Association, applicable rules and regulations or applicable law, all approvals or actions required or permitted to be given or taken by the Association shall 13 ORIGINAL RECFIVFD PR 02 2007 CITY OF CLEARWATER 0 r be given or taken by the Board of Directors, without the consent of Unit Owners, and the Board may so approve and act through the proper officers of the Association without a specific resolution. When an approval or action of the Association is permitted to be given or taken hereunder or thereunder, such action or approval may be conditioned in any manner the Association deems appropriate or the Association may refuse to take or give such action or approval without the necessity of establishing the reasonableness of such conditions or refusal. 10.5 Association Maintenance Recommendations. It is recommended that the Association, in carrying out its responsibilities under this Article 10.5, comply with the following minimum standards, requirements and guidelines: The Board shall cause all Utilities and Utility systems forming a part of the Common Elements to be maintained properly and in good condition, and effect repairs thereto as needed, It is recommended that the Board cause all water and /or sewer infrastructure to be inspected annually by a licensed and qualified contractor or engineer, with expertise in the construction and maintenance of such water /sewer infrastructure. All landscaping should be maintained in accordance with the following minimum maintenance standards: (a) Lawn and ground cover should be kept mowed and /or trimmed regularly; (b) Planting should be kept in a healthy and growing condition; (c) Fertilization, cultivation, spraying and tree pruning should be preformed as part of the regular landscaping program; (d) Stakes, guides, and ties on trees should be checked regularly to insure the correct function of each; ties shall be adjusted to avoid creating abrasions or girdling of the trunk or stem; (e) Damage to planting should be ameliorated within thirty (30) days of occurrence; and (f) Irrigation systems should be kept in sound working condition; adjustments, replacement or malfunctioning parts and cleaning of systems should be an integral part of the regular landscaping program. It is recommended that the Board cause all hardscape and paved areas within the Condominium to be inspected annually by a licensed and qualified contractor or engineer with expertise in the construction and maintenance of such hardscape and paved areas. It is recommended that the Board cause the swimming pool to be inspected each year by a licensed and qualified contractor or engineer with expertise in the construction and maintenance thereof. It is recommended that the Board cause the structures and roofs of all improvements within the Condominium to be inspected each year by a licensed and qualified contractor or engineer with expertise in the construction and maintenance of such structures and roofs. It is recommended that the Board carry out such other periodic inspections and obtain such other expert reports, as may be prudent and appropriate. In each instance in which a contractor, engineer, architect or other professional with the expertise in a specific area is engaged to conduct an investigation or inspection, such expert shall promptly provide a written report thereof to the Board. The written report shall identify all items of maintenance or repair 14 OPIGWAL REMWr, 4A ® 2 2007 PIANNiNG- DERwt2-IMENT CITY OF CLEARWATER i w which either requires current action by the Association, or which will need further review, inspection or analysis. The Board shall, in each case, cause any and all necessary or prudent repairs to be promptly undertaken and completed, to prevent avoidable deterioration or property damage. This Section 10.5 is intended only to provide specific minimum maintenance and inspection recommendations in particular areas, and shall in no way limit the Association's general responsibility with respect to maintenance designed to prevent avoidable deterioration or property damage. 11. Determination of Common Expenses and Fixing of Assessments Therefor. The Board of Directors shall from time to time, and at least annually, prepare a budget for the Condominium, determine the amount of Assessments payable by the Unit Owners to meet the Common Expenses of the Condominium and allocate and assess such expenses among the Unit Owners in accordance with the provisions of this Declaration and the By -Laws. The Board of Directors shall advise all Unit Owners promptly in writing of the amount of the Assessments payable by each of them as determined by the Board of Directors as aforesaid and shall furnish copies of each budget, on which such Assessments are based, to all Unit Owners. The Common Expenses shall include the expenses of and reserves for (if required by law) the operation, maintenance, repair and replacement of the Common Elements, common property, costs of carrying• out the powers and duties of the Association and any other expenses designated as Common Expenses by the Act, this Declaration, the Articles or By -Laws of the Association. Incidental income to the Association, if any, may be used to pay regular or extraordinary Association expenses and liabilities, to fund reserve accounts, or otherwise as the Board shall determine from time to time, and need not be restricted or accumulated. Any Budget adopted shall be subject to change to cover actual expenses at any time. Any such change shall be adopted consistent with the provisions of the By -Laws. 12. Collection of Assessments 123 Liability for Assessments. A Unit Owner, regardless of how title is acquired, including a purchaser at a judicial sale, shall be liable for all Assessments coming due while he is the Unit Owner. In the case of a voluntary conveyance, the grantee shall be jointly and severally liable with the grantor for all unpaid Assessments against his share of the Common Expenses up to the time of the conveyance, without prejudice to any right the grantee may have to recover from the grantor the amounts paid by the grantee. The liability for Assessments may not be avoided by waiver of the use or enjoyment of any Common Elements or by the abandonment of the Unit for which the Assessments are made or otherwise. 12.2 Special and Capital Improvement Assessments. In addition to Assessments levied by the Association to meet the Common Expenses of the Condominium, the Board of Directors may levy "Special Assessments" and "Capital Improvement Assessments" upon the following terms and conditions: (a) "Special Assessments" shall mean or refer to a charge against each Owner and his Unit, representing a portion of the costs incurred by the Association for specific purposes of a nonrecurring nature which are not in the nature of capital improvements. (b) "Capital Improvement Assessments" shall mean and refer to a charge against each Owner and his Unit, representing a portion of the costs incurred by the Association for the acquisition, installation, construction or replacement (as distinguished from repairs and maintenance) of any capital improvements located or to be located within the Common Elements. ORIGINAL RECEWED 15 J R 0 2 2007 PLANNING DEPAKIMENT CITY OF CLEARWATER (c) Special Assessments and Capital Improvement Assessments maybe levied by the Board of Directors and shall be payable in lump sums or installments, in the discretion of the Board; provided that, if such Special and Capital Improvement Assessments, in the aggregate in any year, exceed $10,000.00, or cause the total Assessments levied to exceed 115% of Assessments for the proceeding calendar year, the Board must obtain approval of a majority of the Units represented at a meeting at which a quorum is attained. 12.3 Default in Payment ofAssessments. Assessments and installments thereof not paid within ten (10) days from the date when they are due shall bear interest at the highest lawful rate from the date due until paid together with a late fee not to exceed the greater of $25.00 or 5% of each installment due. The Association has a lien on such Unit, with interest and for reasonable attorney's fees and costs incurred by the Association incident to the collection of the Assessment or enforcement of the lien. The lien is effective as of the date of the recording of this Declaration and shall be evidenced by the recording of a claim of lien in the Public Records of the County, stating the description of the Condominium Parcel, the name ofthe record Owner, the name and address of the Association, the amount due and the due dates. The claim of lien shall not be released until all sums secured by it (or such other amount as to which the Association shall agree by way of settlement) have been fully paid or until it is barred by law. The claim of lien shall secure (whether or not stated therein) all unpaid assessments, interest thereon, and costs and attorneys fees which are due and which may accrue subsequent to the recording of the claim of lien and prior to the entry of a final judgment of foreclosure thereof. A claim of lien shall be signed and acknowledged by an officer or agent of the Association. Upon payment, the person making the payment is entitled to a satisfaction of the lien in recordable form. The Association may bring an action in its name to foreclose a lien for unpaid Assessments in the manner a mortgage on real property is foreclosed and may also bring an action at law to recover a money judgment for the unpaid Assessments without waiving any claim of lien. Upon the filing of a Claim of Lien, the Association may declare the Assessment installments due for the balance of the budget year to be accelerated and immediately due and payable. 12.4 Notice of Intention to Foreclose Lien. No foreclosure judgment may be entered until at least thirty (30) days after the Association gives written notice to the Unit Owner of its intention to foreclose its lien to collect the unpaid Assessments. If this notice is not given at least thirty (30) days before the foreclosure action is filed, and if the unpaid Assessments, including those coming due after the claim of lien is recorded, are paid before the entry of a final judgement of foreclosure, the Association shall not recover attorney's fees or costs. The notice must be given by delivery of a copy of it to the Unit Owner or by certified or registered mail, return receipt requested, addressed to the Unit Owner at the last known address, and upon such mailing, the notice shall be deemed to have been given. If after diligent search and inquiry the Association cannot find the Unit Owner or a mailing address at which the Unit Owner will receive the notice, the court may proceed with the foreclosure and may award attorney's fees and costs as permitted by law. The notice requirements of this subsection are satisfied if the Unit Owner records a Notice of Contest of Lien as provided in the Act. 12.5 Appointment of Receiver to Collect Rental. If the Unit Owner remains in possession of the Unit and the claim of lien is foreclosed, the court in its discretion may require the Unit Owner to pay a reasonable rental for the Unit and the Association is entitled to the appointment of a receiver to collect the rent. 0RIGINAL 16 RECIEWD AP .R 0 2" 2007 PLANNING DEPARTMENT CITE' OF CLEARVr ATER • 0 12.6 Institutional First Mortgagee. In the event an Institutional First Mortgagee shall obtain title to a Unit as a result of foreclosure of its mortgage, or as a result of a deed given in lieu of foreclosure or in satisfaction of debt, such Institutional First Mortgagee, its successors and assigns, shall be liable forthe share of Common Expenses or Assessments or other charges imposed by the Association pertaining to such Unit for a period not exceeding six (6) months, but in no event does the first mortgagee's liability exceed one percent (M) of the original mortgage debt, pursuant to the provisions of 718.116(1)(b). Any unpaid share of Common Expenses or Assessments or other charges shall be deemed to be Common Expenses collectible .from all of the Unit Owners, including such acquirer, and such acquirer's successors and assigns. 12.7 Certificate ofUnpaid Assessments. Within fifteen (15) days after request by a Unit Owner or mortgagee of a Unit, the Association shall provide a certificate stating all assessments and other moneys owed to the Association by the Unit Owner with respect to his Unit. Any person other than the Unit Owner who relies upon such certificate shall be protected thereby. 12.8 Installments. RegularAssessments shall be collected monthly or quarterly, in advance, as determined from time to time by the Board of Directors. Initially, Assessments will be collected monthly. 12.9 Developer's Liability forAssessments. During the period from the date of the recording of this Declaration until the earlier of the following dates (the "Guarantee Expiration Date "): (a) the last day of the calendar year in which of this Declaration is recorded, or (b) the date that control of the Association is transferred to Unit Owners other than the Developer as provided in the ByLaws and the Act, the Developer shall not be obligated to pay the share of Common Expenses and Assessments attributable to the Units owned by it, provided: (i) that the regular Assessments for Common Expenses imposed on each Unit Owner other than the Developer prior to the Guarantee Expiration Date shall not increase during such period over the amounts set forth on Exhibit "5" attached hereto; and (ii) that the Developer shall be obligated to pay any amount of Common Expenses actually incurred during such period and not produced by the Assessments at the guaranteed levels receivable from other Unit Owners. After the Guarantee Expiration Date, the Developer shall have the option, in its sole discretion, of extending the guarantee for a period not to exceed two (2) years from the .recording of the Declaration, or paying the share of Common Expenses and Assessments attributable to Units it then owns. Notwithstanding the above and as provided in Section 718.116(9xa)(2) of the Act, in the event of an Extraordinary Financial Event (as hereinafter defined), the costs necessary to effect restoration shall be assessed against all Unit Owners owning units on the date of such Extraordinary Financial Event, and their successors and assigns, including the Developer (with respect to Units owned by the Developer). As used in this Subsection, an "Extraordinary Financial Event" shall mean Common Expenses incurred prior to the Guarantee Expiration Date (as same may be extended) resulting from a natural disaster or Act of God, which is not covered by insurance proceeds from the insurance maintained by the Association as required by Section 718.111(11)(a) of the Act. 13. Insurance. Insurance covering the Condominium Property and the Association Property shall be governed by the following provisions: 13.1 Purchase. Custody and Payriment (a) Purchase. All insurance policies described herein covering portions of the Condominium Property shall be purchased by the Association and shall be issued by an insurance company authorized to do ORIGINAL 17 RECFIVFD PIANKING DiPAR IVIEI r CITY OF CLEARWATER' 0 r business in Florida. (b) Approval. Each insurance policy, and the agency and company issuing the policy shall be subject to the approval of the Primary Institutional First Mortgagee in the first instance, if requested thereby. (c) Flamed Insured. The named insured shall be the Association, individually, and as agent for Owners of Units covered by the policy, without naming them, and as agent for their mortgagees, without naming them. The Unit Owners and their mortgagees shall be deemed additional insureds. (d) Copies to Mortgagees. One copy of each insurance policy, or a certificate evidencing such policy, and all endorsements thereto, shall be furnished by the Association upon request to each Institutional First Mortgagee who holds a mortgage upon a Unit covered by the policy. Copies or certificates shall be furnished not less than ten (10) days prior to the beginning of the term of the policy, or not less than ten (10) days prior to the expiration of each preceding term that is being renewed or replaced, as appropriate. (e) Personal Property and Liability. Except as specifically provided herein or by the Act, the Association shall not be responsible to Unit Owners to obtain insurance coverage upon the property lying within the boundaries of their Unit, including, but not limited to, their personal property, and for their personal liability and living expense and for any other risks not otherwise insured in accordance herewith. 13.2 Coverase. The Association shall maintain insurance covering the following: (a) Casual 1y. The Building (including all fixtures, installations or additions comprising that part of the Building within the boundaries of the Units and required by the act to be insured under the Association's policy(ies), but excluding all furniture, furnishings, floor coverings, wall coverings and ceiling .coverings or other personal property owned, supplied or installed by Unit Owners or tenants of Unit Owners) and all Improvements located on the Common Elements from time to time, together with all fixtures, building service equipment, personal property and supplies constituting the Common Elements or owned by the Association (collectively the "Insured Property"), shall be insured in an amount not less than 100% of the full insurable replacement value thereof, excluding foundation and excavation costs. Such policies may contain reasonable deductible provisions as determined by the Board of Directors of the Association. Such coverage shall afford protection against such other risks as from time to time are customarily covered with respect to buildings and improvements similar to the Insured Property in construction, location and use, including, but not limited to, vandalism and malicious mischief. (b) Liabili1y. Comprehensive general public liability and automobile liability insurance covering loss or damage resulting from accidents or occurrences on or about or in connection with the Insured Property or adjoining driveways and walkways, or any work, matters or things related to the Insured Property, with such coverage as shall be required by the Board of Directors of the Association, but with combined single limit liability of not less than $1,000,000.00 per occurrence, and with across liability endorsement to cover liabilities ORIGINAL 18 RED` NIF -D APR 0 2 2007 Ptk�NWG DEPAIf - fviENT CITY OF CLEARWATER 0 • of the Unit Owners as a group to any Unit Owner, and vice versa. (c) Worker's Compensation and other mandatory insurance, when applicable. (d) Flood Insurance. If required by the Primary Institutional First Mortgagee or FNA&4,TF LMC or if the Associati on so elects. (e) Fideli Insurance. Covering all persons who control or disburse Association funds. Such insurance to be in an amount which will cover the maximum funds that will be in the custody of the association or management company at one time. (f) Association Properly. Appropriate additional policy provisions, policies or endorsements extending the applicable portions of the coverage described above to all Association Property, where such coverage is available. . (g) Such Other Insurance. As the Board of Directors of the Association shall determine from time to time to be desirable. When appropriate and obtainable, each of the foregoing policies shall waive the insurer's right to: (i) subrogation against the Association and against the Unit Owners individually and as a group, (ii) to pay only a fraction of any loss in the event of coinsurance or if other insurance carriers have issued coverage upon the same risk, and (iii) avoid liability for a loss that is caused by an act of the Board of Directors of the Association, one or more Unit Owners or as a result of contractual undertakings. Additionally, each policy shall provide that any insurance trust agreement will be recognized, that the insurance provided shall not be prejudiced by any act or omissions of individual Unit Owners that are not under the control of the Association, and that the policy shall be primary, even if a Unit Owner has other insurance that covers the same loss. 13.3 Additional Provisions. All policies of insurance shall provide that such policies may not be cancelled or substantially modified without at least thirty (30) days' prior written notice to all of the named insureds, including all mortgagees of Units. 13.4 Premiums. Premiums upon insurance policies purchased by the Association shall be paid by the Association as a Common Expense, except that the costs of fidelity bonding for any management company employee may be paid by such company pursuant to its contract with the Association. Premiums may be financed in such manner as the Board of Directors deems appropriate. 13.5 Distribution of Proceeds. Proceeds of insurance policies shall be distributed to or for the benefit of the beneficial owners thereof in the following manner: (a) Reconstruction or Repair. If the damaged property for which the proceeds are paid is to be repaired or reconstructed, the proceeds shall be paid to defray the cost thereof as elsewhere provided herein. Any proceeds remaining after defraying such costs shall be distributed to the beneficial owners thereof, remittances to Unit Owners and their mortgagees being payable jointly to them. (b) Failure to Reconstruct or Repair. If it is determined in the manner elsewhere provided that the damaged property for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be allocated among the beneficial owners and distributed first to all Institutional First Mortgagees in an amount (AIG)NAL 19 RECHVFD APR 02 2007 PLANNING DEPARIMENT CITY OF CLEARWATER 0 • sufficient to pay off their mortgages, and the balance, if any, to the beneficial owners. 13.6 Association as Agent. The Association is hereby irrevocably appointed as agent and as attorney -in -fact for each Unit Owner and for each owner of a mortgage or other lien upon a Unit and for each owner of any other interest in the Condominium Property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims. 13.7 Unit Owners' Personal Coverage. Unless the Association elects otherwise, the insurance purchased by the Association shall not cover claims against an Owner due to accidents occurring within his Unit, nor casualty or theft loss to the contents of an Owner's Unit. It shall be the obligation of the individual Unit Owner, if such Owner so desires, to purchase and pay for insurance as to all such and other risks not covered by insurance carried by the Association. The foregoing shall also apply to the storage lockers which are Limited Common Elements. 13.8 Benefit of Moftgagees. Certain provisions in this Section 13 entitled "Insurance" are for the benefit of mortgagees of Units and may be enforced by such mortgagees. 13.9 Presumption as to Damaged Property. In the event of a dispute or lack of certainty as to whether damaged property constitutes a Unit(s) or Common Elements, such property shall be presumed to be Common Elements. 14. Reconstruction or Repair After Fire or Other Casualty. 14.1, Determination to Reconstructor Repair. Subject to the immediately following paragraph, in the event of damage to or destruction of the Insured Property as a result of fire or other casualty, the Board of Directors shall arrange for the prompt repair and restoration of the Insured Property and shall disburse the proceeds of all insurance policies to the contractors engaged in such repair and restoration in appropriate progress payments. If 75% or more of the Insured Property is substantially damaged or destroyed and if Unit Owners owning 80% of the applicable interests in the Common Elements duly and promptly resolve not to proceed with the repair or restoration thereof and a majority of Institutional First Mortgagees approve such resolution, the Condominium Property will not be repaired and shall be subj ect to an action for partition instituted by the Association, any Unit Owner, mortgagee or lienor, as ifthe Condominium Property were owned in common, in which event the net proceeds of insurance resulting form such damage or destruction shall be divided among all the Unit Owners in proportion to their respective interests in the Common Elements (with respect to proceeds held for damage to the Insured Property other than that portion of the Insured Property lying within the boundaries of the Unit), and among affected Unit Owners in proportion to the damage suffered by each such affected Unit Owner, as determined in the sole discretion of the Association; provided, however, that no payment shall be made to a Unit Owner until there has first been paid out of his share of such fund all mortgages and liens on his Unit in order of priority of such mortgages and liens. 14.2 Plans and Specifications. Any reconstruction or repairs must be made substantially in accordance with the plans and specifications for the original Improvements and then applicable building and other codes; or if not, then in accordance with the plans and specifications approved by the Board of Directors of the Association and then applicable building and other codes, and 20 1' RIGM REMWD b DR . 2 2007 Plk1MING i::1&f idIMENT CI`Ii` OF CLEAR WATER if the damaged property which is to be altered is the Building, by the Owners of not less than 80% of the applicable interests in the Common Elements, as well as the Owners of all Units the plans for which are to be altered. 14.3 Assessments. If the proceeds of the insurance are not sufficient to defray the estimated costs of reconstruction and repair to be effected by the Association, or if at any time during reconstruction and repair, or upon completion of reconstruction and repair, the funds for the payment of the costs of reconstruction and repair are insufficient, Assessments shall be made against the Unit Owners in sufficient amounts to provide funds for the payment of such costs. Such Assessments on account of damage to the Insured Property shall be in proportion to all of the Owners' respective shares in the Common Elements. 14.4 Benefit of Mortgagees. Certain provisions in this Section 14 are for the benefit of mortgagees of Units and may be enforced by any of them. 15. Condemnation. 15.1 Deposit ofAwards. The taking of portions of the Condominium Property by the exercise of the power of eminent domain shall be deemed to be a casualty, and the awards for that taking shall be deemed to be proceeds from insurance on account of the Casualty and shall be deposited with the Association. Even though the awards may be payable to Unit Owners, the Unit Owners shall deposit the awards with the Association. 15.2 Determination Whether to Continue Condominium. Whether the Condominium will be continued after condemnation will be determined in the manner provided for determining whether damaged property will be reconstructed and repaired after casualty. For this purpose, the taking by eminent domain also shall be deemed to be a casualty. 15.3 Disbursement of Funds. If the Condominium is terminated after condemnation, the proceeds of the awards and special Assessments will be deemed to be insurance proceeds and shall be owned and distributed in the manner provided with respect to the ownership and distribution of insurance proceeds if the Condominium is terminated after a casualty. If the Condominium is not terminated after condemnation, the size of the Condominium will be reduced and the property damaged by the taking will be made usable'in the manner provided below. The proceeds of the awards and special Assessment shall be used for these purposes and shall be disbursed in the manner provided for disbursement of funds after a casualty, or as elsewhere herein specifically provided. 15.4 Unit Reduced but Habitable. If the taking reduces the size of a Unit and the remaining portion of the Unit can be made habitable (in the sole opinion of the Association), the award for the taking of portion of the Unit shall be used for the following purposes in the order stated and the following changes shall be made to the Condominium: (a) Restoration of Unit. The Unit shall be made habitable (b) Distribution of Surplus. The balance of the award in respect of the Unit, shall be distributed to the Owner of the Unit and to each mortgagee of the Unit, the remittance being made payable jointly to the Owner and such mortgagees. 15.5 Unit Made Uninhabitable. If the taking is of the entire Unit or so reduces the size of a Unit that it cannot be made habitable (in the sole opinion of the 21 :)RIGINAL RECEMM APR 0 2 2007 PLANNING DEPA WMENT CITY QE CLEARWATER a Association); the award for the taking of the Unit shall be used for the following purposes in the order stated and the following changes shall be made to the Condominium: (a) Payment of Award. The awards shall be paid first to the applicable Institutional First Mortgagees in amount sufficient to pay off their mortgages in connection with each Unit which is not so habitable; second, to the Association for any due and unpaid Assessments; third, jointly to the affected Unit Owners and other mortgagees of their Units. In no event shall the total of such distributions in respect of a specific Unit exceed the market value of such Unit immediately prior to the taking. The balance, if any, shall be applied to repairing and replacing the Common Elements. (b) Addition to Common Elements. The remaining portion of the Unit, if any, shall become part of the Common Elements and shall be placed in a condition allowing, to the extent possible, for use by all the Unit Owners in the manner approved by the Board of Directors of the Association; provided that if the cost of the work therefor shall exceed the balance of the fund from the award for the taking; such work shall be approved in the manner elsewhere required for capital improvements to the Common Elements. (c) Adjustment of Shares. The shares in the Common Elements, Common Expenses and Common Surplus appurtenant to the Units that continue as part of the Condominium shall be adjusted to distribute the shares in the Common Elements, Common Expenses and Common Surplus among the reduced number of Unit Owners (and among reduced Units). This shall be effected by dividing the total approximate square footage of all remaining Units into the approximate square footage of each remaining Unit. (d) Assessments. Ifthe balance ofthe award (after payments to the Unit Owner and such Owner's mortgagees as above provided) for the taking is not sufficient to alter the remaining portion of the Unit for use as a part of the Common Elements, the additional funds required for such purposes shall be raised by Assessments against all of the Unit Owners who will continue as Owners of Units after the changes in the Condominium effected by the taking. The Assessments shall be made in proportion to the applicable percentage shares of those Owners after all adjustments to such shares effected pursuant hereto by reason of the taking. (e) Arbitration. If the market value of a Unit prior to the taking cannot be determined by agreement between the Unit Ownerand mortgagees of the Unit and the Association within 30 days after notice of a dispute by any affected party, such value shall be determined by arbitration in accordance with the then existing rules of the American Arbitration Association, except that the arbitrators shall be two appraisers appointed by the American Arbitration Association who shall base their determination upon an average of their appraisals of the Unit. A judgment upon the decision rendered by the arbitrators may be entered in any court of competent jurisdiction in accordance with the Florida Arbitration Code. The cost of arbitration proceedings shall be assessed against all Unit Owners, including Owners who will not continue after the taking, in proportion to the applicable percentage shares of such Owners as they exist prior to the adjustments to such shares effected pursuant hereto by reason of taking. DRIGINAL RE IVED 22 )R 02 2007 PLANNING DiPAR'IMENT CITY OF CLEARWATER 0 i 15.6 Taking of Common Elements. Awards for the taking of Common Elements shall be used to render the remaining portion of the Common Elements usable in the manner approved by the Board of Directors of the Association; provided, that if the cost of such work shall exceed the balance of the funds from the awards for the taking, the work shall be approved in the manner elsewhere required for capital improvements to the Common Elements. The balance of the awards for the taking of Common Elements, if any, shall be distributed to the Unit Owners in the shares in which they own the Common Elements after adjustments to these shares effected pursuant hereto by reason of the taking, If there is a mortgage on a Unit, the distribution shall be paid jointly to the Owner and the inortgagees of the Unit. 15.7 Amendment of Declaration. The changes in Units, in the Common Elements and in the ownership of the Common Elements and share in the Common Expenses and Common Surplus that are effected by the taking shall be evidenced by an amendment to this Declaration of Condominium that is only required to be approved by, and executed upon the direction of, a majority of all Directors of the Association. ,16. Occupancy and Use Restrictions. In order to provide for congenial occupancy of the Condominium Property and for the protection of the values of the Units, the use of the Condominium Property shall be restricted to and shall be in accordance with the following provisions: 16.1 Occupancy. Each Unit shall be used as a single family residence only, except as otherwise herein expressly provided. In no event shall occupancy of a Unit (except for temporary occupancy by visiting guests) exceed the greater of six (6) persons in the entire Unit or two (2) persons per bedroom. The Board of Directors shall have the power to authorize occupancy of a Unit by persons in addition to those set forth above. The provisions of this subsection 16.1 shall not be applicable to Units used by the Developer for model apartments, guest accommodations, sales or other offices or management services. 16.2 Children. Children shall be permitted to reside in Units but shall be subject to age restrictions imposed as to recreation facilities, as provided in the rules and regulations of the Condominium Association. 16.3 Pets. Each Unit may house one (1) household pet in the Unit, to be limited to one dog or one cat weighing not more than thirty (30) pounds at maturity (or other household pet defined as such and specifically permitted by the Association), provided it is not kept, bred or maintained for any commercial purpose, does not become a nuisance or annoyance to neighbors and is first registered with the Association. No reptiles or wildlife shall be kept in or on the Condominium Property (including Units). Unit Owners must pick -up all solid wastes of their pets and dispose of such wastes appropriately. All pets, including cats, must be kept on a leash no more than six (6) feet in length at all times when outside the Unit and shall be walked only within areas, if any, designated for such purposes by the Association. Violation of the provisions of this paragraph shall entitle the Association to all of its rights and remedies, including, but not limited to, the right to fine Unit Owners and /or to require any pet to be permanently removed from the Condominium Property. This Section 16.3 shall not prohibit the keeping of fish or caged household -type bird(s) in a Unit, provided that a bird(s) does not become a nuisance or annoyance to neighbors. 16.4 Alterations. Without limiting the generality of Section 9.1 hereof, but subject to the proviso contained therein as to hurricane shutters, no Unit Owner shall cause or allow improvements or changes to any Unit, or Common Elements, DRIGINAL 23 RECHVED APR 02 2007 PLANNING DEPARMENT CITY OF CLEARWATER i 0 including, but not limited to, painting or other decorating of any nature, installing any electrical wiring, television antenna, machinery, or air - conditioning units or in any manner changing the appearance of any portion of the Building, without obtaining the prior written consent of the Association (in the manner specified in section 9.1 hereof). 16.5 Use of Common Elements. The Common Elements shall be used only for furnishing of the services and facilities for which they are reasonably suited and which are incident to the use and occupancy of Units. 16.6 Nuisances. No nuisances shall be allowed on the Condominium Property, nor shall any use or practice be allowed which is a source of annoyance to residents or occupants of Units or which interferes with the peaceful .possession or _proper use of.the Condominium Property by its residents or occupants. No activity specifically permitted by this Declaration shall be deemed a nuisance. 16.7 No Improper Uses. No improper, offensive, hazardous or unlawful use shall be made of the Condominium Property or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereover shall be observed. Violations of laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereover, relating to any portion of the Condominium Property, shall be corrected by, and at the sole expense of, the party obligated to maintain or repair such portion of the Condominium Property, as elsewhere herein set forth. Notwithstanding the foregoing and any provisions of this Declaration, the Articles or By -Laws, the Association shall not be liable to any person(s) for its failure to enforce the provisions of this Section 16.7. No activity specifically permitted by this Declaration shall be deemed a violation of this Section. 16.8 Exterior Improvements; Landscaping. Without limiting the generality of sections 9.1 or 16A hereof, but subject to any provision of this Declaration specifically permitting same, no Unit Owner shall cause anything to be affixed or attached to, hung, displayed or placed on the exterior walls, doors, terraces or windows of the Building .(including, but not limited to, awnings, signs, storm shutters, screens, window tinting, furniture, fixtures and equipment), without the prior written consent of the Association. 16.9 Handicapped Parking; Commercial/Recreational Vehicles and Trailers. Parking spaces designated as "handicapped parking" are reserved for the exclusive use of the handicapped residents and guests. Except as permitted below, no trucks over three (3) tons, other commercial vehicles, campers, mobile homes, recreational vehicles or boat or other trailers shall be kept on the Condominium Property, in exterior parking areas or under building parking. For purposes of the foregoing, 'commercial vehicles" shall mean those not designed or used for customary personal /family purposes. The absence of commercial -type lettering or graphics on a vehicle shall not be dispositive as to whether same is a commercial vehicle. The foregoing shall not prohibit, however (i) the parking of otherwise prohibited vehicles on the Condominium Property in the course of providing services to the Condominium Property, the occupants thereof or the Association or (ii) vans with windows which contain seating for at least four (4) persons, provided that such vans and trucks shall not bear commercial -type lettering or graphics. All vehicles kept on the Condominium Property shall be operational and in good condition. In the event of doubt or dispute as to whether a vehicle is prohibited by this Section, the good -faith determination of the Board of Directors shall be binding and conclusive. ORIGINAL 24 RECEIVE 3 AGAR o 2 2007 PLANNING DiPAOMENT CITY OF CLEARWATER 0 0 16, 10 Window Treatments. Only cloth, wood or metal window treatments shall be allowed in the windows. No foil or similar materials shall be placed on the windows. 16.11 Outdoor Grilling. Charcoal and gas grills are prohibited on balconies and in Units. 16,12 Relief by Association. The Association shall have the power (but not the obligation) to grant relief in particular circumstances from the provisions of specific restrictions contained in this Section 16 for good cause shown. 16.13 Mitigation of Dampness and Humidity. No Unit Owner shall install, within his or her Unit, or upon the Common Elements or Association Property, non- breathable wall- coverings or low- permanence paints. Additionally, any and all built -in casework, furniture, and or shelving in a Unit must be installed over floor coverings to allow air space and air movement and shall not be install with backboards flush against any gypsum board wall. Additionally, all Unit Owners, whether or not occupying the Unit, shall (i) periodically run the air conditioning system to maintain the Unit temperature, whether or not occupied, at 78 °F or lower, (ii) not leave any windows or exterior doors open during period in which Unit is not occupied, (iii) keep all drains clear of stoppage and clogs, and (iv) periodically check, drain and clean drip trays in appliances and mechanical systems. While the foregoing are intended to minimize the potential development of molds, fungi, mildew and other mycotoxins, each Owner understands and agrees that there is no method for completely eliminating the development of molds and mycotoxins. The Developer does not make any representations or warranties regarding the existence of development of molds or mycotoxins and each Owner shall be deemed to waive and expressly release any such warranty and claim for loss or damages resulting from the existed and /or development of same. In furtherance of the rights of the Association as set forth in Section 10.1(a) of the Declaration, in the event that the Association reasonably believes that these provisions are not being complied with, then, the Association shall have the right (but not the obligation) to enter the Unit (without requiring the consent of the Owner or any other party) to turn on the air conditioning in an effort to cause the temperature ofthe Unit to be maintained as required hereby (with all utility consumption costs to be paid and assumed by the Unit Owner). To the extent that electric service is not then available to the Unit, the Association shall have the further right, but not the obligation (without requiring the consent of the Owner or any other party) to connect electric service to he Unit (with the costs thereof to be borne by the Unit Owner, or if advanced by the Association, to be promptly reimbursed by the Owner to the Association, with all such costs to be deemed Charges). 16.14 Changes in Permitted Uses. No amendments to this Section 16, any other provision of this Declaration governing the use of Units, the Common Elements, the Easement Areas or to any Rules and Regulations of the Association shall operate to prohibit the parking of a vehicle or leasing or occupancy of a Unit where such vehicle, parking, leasing or occupancy was (i) permitted prior to the effectiveness of the amendment, (ii) being conducted in reliance on such permissibility and (iii) is.continuing with the same vehicle, lessee or occupant as existed prior to the effectiveness of the amendment. Likewise, no improvement made to or about any Unit (e.g., the installation of hurricane shutters) which was permitted at the time of its making shall be required to be removed by virtue of a change in the permissibility of such types of improvements. 17. Selling, Leasing and Mortgaging of Units. Units may be made subject to mortgages without restrictions, but sales and leases thereof shall be subject to the provisions ofthis REOF@VFD APR 0 2 2007, PLAf'[41f4G DEPAR'fMEiNT CITY OF CLEARWATER Section 17, 17.1 Sales. No conveyance of a Unit, by parties other than the Developer or Institutional Mortgagees, shall be valid unless a certificate executed and acknowledged by an officer of the Association, stating that all Assessments levied against such Unit have been paid in full, is recorded together with the instrument of conveyance. The Board of Directors shall furnish such certificate upon receipt from the Unit Owner of a request form (which will be prepared by the Association) setting forth the proposed purchaser's name, notice address and date of closing. 17.2 Leases. No portion of a Unit other than an entire Unit, may be rented. All leases shall be in writing, and shall provide (or be automatically deemed to provide, absent an express statement) that the Association shall have the right to terminate the lease upon default by the tenant in observing any of the provisions of this Declaration, the Articles of Incorporation and By -Laws, applicable rules and regulations and Exhibits thereto or other applicable provisions of any agreement, document or instrument governing the Condominium. The Lessor shall provide Lessee with copies of all Condominium documents and the Lessee shall deliver to the Association, a copy of the Lease and signed statement that he has the Condominium documents. No lease shall be valid for a term of less than allowed by the City ofClearwater, Florida or other applicable governmental authority. Regardless of whether or not expressed in the applicable lease, the Unit Owner shall be jointly and severally liable to the Association for the acts and omissions of his tenant(s) which constitute a violation of, or non - compliance with, the provisions of this Declaration and of any and all rules and regulations of the Association. This Section shall also apply to subleases and assignments and renewals of leases, but the Developer shall be exempt from this Section. 17.3 No Severance of Ownership. No part of the Common Elements may be sold, conveyed or otherwise disposed of except as an appurtenance to the Unit in connection with a sale, conveyance or other disposition of the Unit to which such interest is appurtenant, and any sale, conveyance or other disposition of a Unit shall be deemed to include that Units appurtenant interest in the Common Elements. 17.4 Gifts and Devises, etc. Any Unit Owner shall be free to convey or transfer his Unit by gift, to devise his Unit by will, or to have his unit pass by intestacy, without restriction; provided, however, that each succeeding Unit Owner shall be bound by, and his Unit subject to, the provisions of this Section 17. 18. Compliance and Default. Each Unit Owner and every occupant of a Unit and the Association shall be governed by and shall comply with the terms of this Declaration and all exhibits annexed hereto, and the rules and regulations adopted pursuant to those documents, as the same may be amended from time to ti me. The Association (and Unit Owners, if appropriate) shall be entitled to the following relief in addition to the remedies provided by the Act: 18.1 Negligence. A Unit Owner shall be liable for the expense of any maintenance, repair or replacement made necessary by his negligence or by that of any member of his family or his or their guests, employees, agents or lessees, but only to the extent such expense is not met by the proceeds of insurance actually collected in respect of such negligence by the Association. 18.2 Compliance. In the event a Unit Owner or occupant fails to maintain a Unit or fails to cause such Unit to be maintained, or fails to observe and perform all of the provisions of the Declaration, the By -Laws, the Articles, applicable rules and regulations, or any other agreement, document or instrument affecting the 26 ORIGINAL REVIVED APR 0 2 2007 Pi.AMfNG,1DEPARIMENT CITY OF CLEA.RWATER Condominium Property, in the manner required, the Association shall have the ri ght to proceed in a court of equity to require performance and/or compliance, to impose any applicable fines or to sue in a court of law for damages. 18.3 1 Costs and Attorneys' Fees. In any proceeding arising because of an alleged failure of a Unit Owner or the Association to comply with the requirements of the Act, this Declaration, the exhibits annexed hereto, or the rules and regulations adopted pursuant to said documents, as the same may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees (including appellate attorneys' fees). 18.4 No Waiver of Rights. The failure of the Association or any Unit Owner to enforce any covenant, restriction or other provision of the Act, this Declaration, the exhibits annexed hereto, or the rules and regulations adopted pursuant to said documents, as the same may be amended from time to time, shall not constitute a waiver of their right to do so thereafter. 19. Termination of Condominium. The Condominium shall continue until (i) terminated by casualty loss, condemnation or eminent domain, as more particularly provided in this Declaration, or (ii) such time as withdrawal of the Condominium Property from the provisions of the Act is authorized by a vote of Owners owning at least 80% of the Units and by the Primary Institutional First Mortgagee. The Board shall notify the Division of its intent to terminate the Condominium prior to taking any action to terminate the Condominium. Upon recording of the termination document, the Association shall notify the Division within 30 business days. In the event such withdrawal is authorized as aforesaid, the Condominium Property shall be subject to an action for partition by any Unit Owner, mortgagee or lienor as if owned in common in which event the net proceeds of sale shall be divided among all Unit Owners in proportion to their respective interests in the Common Elements, provided, however, that no payment shall be made to a Unit Owner until there has first been paid off out of his share of such net proceeds all mortgages and liens on his Unit in the order of their priority. The termination of the Condominium, as aforesaid, shall be evidenced by a certificate of the Association executed by its President and Secretary, certifying as to the basis of the termination, said certificate shall be recorded among the public records of the County, and the Association shall provide the Division with a copy of the recorded termination certified by the Clerk. 20. Additional Rights of Mortgagees and Others. 20.1 Institutional First Mortgagecs shall have the right, upon written request to the Association, to: (i) examine the Condominium documents and the Association's books and records, (ii) receive a copy of the Association's financial statement for the immediately preceding fiscal year, (iii) receive notices of and attend Association meetings, (iv) receive notice of an alleged default in any obligations hereunder by any Unit Owner, on whose Unit such Mortgagee holds a mortgage, which is not cured within thirty (30) days of notice of default to the Unit Owner, and (v) receive notice of any substantial damage or loss to any portion of the Condominium Property. 20.2 Any holder, insurer or guarantor of a mortgage on a Unit shall have, if first requested in writing, the right to timely written notice of (i) any condemnation or casualty loss affecting a material portion of the Condominium Property or the affected mortgaged Unit, (ii) a sixty (60) day delinquency in the payment of the Assessments on a mortgaged Unit, (iii) the occurrence of a lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association, (iv) any proposed termination of the Condominium, and (v) any proposed action which requires the consent of a specified number of mortgage holders. 27 ORIGINAL RE VED APR 0 2 2007 PLANNING DEPAWIMENT CITY OF CLEARWATER 0 0 20.E The approval of a majority of Institutional First Mortgagees shall be required to effect an amendment to the Declaration which materially alters, or effects the rights or interests of the mortgagees. 21. Disclaimer of Warranties. DEVELOPER HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AS TO THE DESIGN, CONSTRUCTION, FURNISHING AND EQUIPPING OF THE CONDOMINIUM PROPERTY, EXCEPT ONLY THOSE SET FORTH IN SECTION 718.203 OF THE ACT, EFFECTIVE 2006. 22. Construction Claims. In the event that there are any warranty, negligence or other claims against the Developer or any party having a right of contribution from, or being jointly and severally liable with, the Developer (the "Claims ") relating to the design, construction, furnishing or equipping of the Condominium Property, same shall be instituted only upon compliance with Chapter 558, Florida Statutes. 23. Stormwater Management 23.1 It shall be the responsibility of the Association to operate and maintain surface water management system, if any, as shown on the plot plan attached hereto as Exhibit 2, in accordance with the requirements of the Southwest Florida Water Management District. The Surface water management system is part of the Common Elements. 23.2 The Board of Directors is empowered to levy special assessments for the operation and maintenance of surface water management system pursuant to the provisions of Section 12.2 hereof. 23.3 Any amendment to this Declaration which would affect Surface Water Management System must have the prior written approval of the Southwest Florida Water Management District. 24. Additional Provisions 24.1 Notices. All notices to the Association required or desired hereunder or under the By -Laws or the Association shall be sent by certified mail (return receipt requested) to the Association in care of its office at the Condominium, or to such other address as the Association may hereafter designate from time to. time by notice in writing to all Unit Owners. Except as provided specifically in the Act, all notices to any Unit Owner shall be sent by first class mail to the Condominium address of such Unit Owner, or such other address as may have been designated by him from time to time, in writing, to the Association. All notices to mortgagees of Units shall be sent by first class mail to their respective addresses, or such other address as may be designated by them from time to time, in writing to the Association. All notices shall be deemed to have been given when mailed, postage prepaid, except notices of a change of address, which shall be deemed to have been given when received, or 5 business days after proper mailing, whichever shall first occur. 24.2 Interpretation. The Board of Directors of the Association shall be responsible for interpreting the provisions hereof and of any of the Exhibits attached hereto. Such interpretation shall be binding upon all parties unless wholly unreasonable. An opinion of legal counsel to the Association, or the legal counsel having drafted this Declaration, that any interpretation adopted by the Association is not unreasonable shall conclusively establish the validity of such interpretation. 24.3 Mortgagees. Anything herein to the contrary notwithstanding the Association 28 CAIGINAL REHVFD APR 02 2007 PLANNING IDiPARIMENT CITY OF CLEARWATER • 0 shall not be responsible to any mortgagee or lienor of any Unit hereunder, and may assume the Unit is free of any such mortgages or liens, unless written notice of the existence of such mortgage or lien is received by the Association. 24.4 Exhibits. There is hereby incorporated in this Declaration all materials contained in the Exhibits annexed hereto, except that as to such Exhibits, any conflicting provisions set forth therein as to their amendment, modification, enforcement and other matters shall control over those hereof. 24.5 Signature of President and Secretary. Wherever the signature of the President of the Association is required hereunder, the signature of a vice - president may be substituted therefor, and wherever the signature of the Secretary of the Association is required hereunder, the signature of an assistant secretary may be substituted therefor, provided that the same'person may not execute any single instrument on behalf of the Association in two separate capacities. 24.6 Governing Law. Should any dispute or litigation arise between any of the parties whose rights or duties are affected or determined by this Declaration, the Exhibits annexed hereto or applicable rules and regulations adopted pursuant to such documents, as the same may be amended from time to time, said dispute of litigation shall be governed by the laws of the State ofFlorida. 24.7 Severability. The invalidity in whole or in part of any covenant or restriction, or any section, subsection, sentence, clause, phrase or word, or other provision of this Declaration, the Exhibits annexed hereto, or applicable rules and regulations adopted _pursuant to such documents, as the same may be amended from time to time, shall not affect the validity of the remaining portions thereof which shall remain in full force and effect. 24.8 Waiver. No provisions contained in this Declaration shall be deemed to have been waived by reason ofany failure to enforce the same, without regard to the number of violations or breaches which may occur. 24.9 Ratification. Each Unit Owner, by reason of having acquired ownership (whether by purchase, gift, operation of law or otherwise), and each occupant of a Unit, by reason of his occupancy, shall be deemed to have acknowledged and agreed that all of the provisions of this Declaration, and the Articles, By- Laws and applicable rules and regulations, are fair and reasonable in all material respects. 24.10 Execution of Documents: Attorney -,in Fact. Without limiting the generality of other Sections ofthis Declaration and without such other Sections limiting the generality hereof, each Owner, by reason of the acceptance of a deed to such Owner's Unit, hereby agrees to execute, at the request of the Developer, all documents or consents which may be required by all governmental agencies to allow the Developer and its affiliates to complete the plan of development of the Condominium Property as such plan may be hereafter amended, and each such Owner further appoints hereby and thereby the Developer as such Owner's agent and attorney -in -fact to execute, on behalf and in the name of such Owners, any and all of such documents or consents. This Power of Attorney is irrevocable and coupled with an interest. The provisions of this Section may not be amended without the consent of the Developer. 24.11 Gender. Plurality. Wherever the context so permits, he singular shall include the plural, the plural shall include the singular, and the use of any gender shall be deemed to include all or no genders. 24.12 Captions. The captions herein and in the Exhibits annexed hereto are inserted only as a matter of convenience and for ease of reference and in no way define IR(GNA 29 kECF[VFD APR 0 2 2007 PLANNING DE HWNENT CITY QE CLEARWATER 0 or limit the scope of the particular documents or any provision thereof. 25. Southwest Florida Water Management District Requirements. If there are surface water management systems facilities regulated by the Southwest Florida Water Management District, the following shall apply: a) 'No construction activities may be conducted relative to any portion of surface water management system facilities. Prohibited activities include but are not limited to: digging or excavation; depositing fill debris or any other material or item; constructing or altering any water control structure; or any other construction to modify surface water management system facilities. Construction and maintenance activities which are consistent with the design and permit conditions approved by the District in the Environmental Resource Permit may be conducted without specific written approval from the District. "Surface Water Management Facilities" shall mean surface water management system facilities including but not limited to: all inlets, ditches, swales, culverts, water control structures, retention and detention areas,ponds, lakes, flood plain compensation areas, wetlands and any associated buffer areas and wetland mitigation areas. b) Surface Water Management System Facilities are located on land that is designated common property ofthe plat, are located on land that is owned by the Association or are located on land that is subject to an easement in favor of the Association and, its successors. c) The Association is responsible for the operation and maintenance of Surface Water Management System Facilities. Operation and maintenance and re- inspection reporting shall be performed in accordance with the terms and conditions of the Environmental Resource Permit issued in conjunction with the development of the project. d) Any amendment of this Declaration affecting Surface Water Management System Facilities or the operation and maintenance of Surface Water Management System Facilities shall have the prior written approval of the Southwest Florida Water Management District. e) If the Association ceases to exist, all of the Unit Owners shall be jointly and severally responsible for the operation and maintenance of Surface Water Management System Facilities in accordance with the requirements of the Environmental Resource Permit, unless and until an alternate entity assumes responsibility as explained in subsection 2.6.2.2.4.h of the Rules of the Southwest Florida Water Management District. f) All the lot owners, parcel owners or Unit Owners must be members of the Association. g) The District has the right to take enforcement measures, including a civil action for injunction and /or penalties, against the Association to compel it to correct any outstanding problems with Surface Water Management System Facilities. h) The foregoing restrictions regarding Surface Water Management System shall be in effect for at least 25 years with automatic renewal periods thereafter. ORIGINAL, RECT-K -1) APR a 2 2007 PLA14h ING DEPAWNENT CITY OF CLEARWATER • 0 IN WITNESS WHEREOF, the Developer has caused this Declaration to be duly . executed and its corporate seal to be hereunto affixed this _ day March, 2007. Signed in the presence of FULVIO DIVELLO AS TRUSTEE OF THE DIVELLO LAND TRUST DATED AUGUST 10, 2004 By: Witness #1 Print Name # 1 Witness #2 Print Name #2 STATE OF FLORIDA ) COUNTY OF PINELLAS) Fulvio DiVello, Trustee The foregoing instrument was acknowledged before me this day of March, 2007, by Fulvio DiVello as Trustee of FULVIO DIVELLO AS TRUSTEE OF THE DIVELLO LAND TRUST DATED AUGUST 1Q, 2004. He is personally known to me or has produced as identification. Notary Public My Commission Expires: 31 [SEAL] OR1G GAL RENE VED APR 02 2007 PLANNING, DEPAR-IMENT C17Y OF CLEARWATER JOINDER AND CONSENT OF MORTGAGEE , a , the owner and holder of a mortgage and other loan documents encumbering the property described onExhibit "1" hereby joins in and consents, as required by Section 718.104(3), Florida Statutes, to the recording of the Declaration of DOCKSIDE, A CONDOMINIUM. Signed, Sealed and Delivered in the presence of: a Bank By: Witness 41 President Print Name #1 Witness Print Name #2 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 200_, by as President of a Bank on behalf of the Bank. He /She is personally known to me or has produced as identification. Notary Public My Commission Expires: [SEAL] H:\Law Office Files\Ken Arsereult\Pege\DOCKSIDE \CONDO DRAFMDECLARATION.rev 3- 9- 07.DOC ORIGINAL RECHVED 32 AP R 02 2007 PLANNING DEPAR -IMENT CITY OF CLEARWATER JAN -1)3- 21)11! WU 11138 A11'tfeach & day Realty, Inc, M NU, ►LIOUDO lD r. ue THIS AGREEMENT is made as of the O day od ' M. 200 % by and between TITLE AGENCY OF FLORIDA, INC., having an office at 19539 Gulf Boulevard, Suite C, Indian Shores, FL 33785 ( "Escrow Agent "), and FULVIO DIVELLO AS TRUSTEE OF THE DIVELLO LAND TRUST DATED AUMST 10, 2004, LLC, a Florida limited liability company, having an office at 445 Hamden Drive, Clearwater Beach, FL 33757 ("Developer"). WITNESSETH- A. Developer proposes to develop a condominium in Pinellas County, Florida, to be known as DOCKSIDE, A CONDOMMMM, (the "Condominium "); B. Developer intends to enter into contracts for the sale add purchase of units in the Condominium, each of whioh is hereafter called the "Contract "; C. Developer desires to make arrangements to escrow deposits on each Contract in accordance herewith and with the provisions of Section 718.202, Florida Statutes including a special escrow account designation for deposits in excess of 100 /a of the purchase price; and D. Escrow Agent has consented to hold all deposits it receives pursuant to the terms and provisions hereog NOW, TfMMF01M Escrow Agent and Developer agree as follows: 1. From time to time, Developer will deliver checks payable to or endorsed to Escrow Agent which will represent said deposits an Contracts, together with a copy of each executed Contract, if required by Escrow Agent and if not previously delivered with prior deposits, and a 'Wotice of Escrow Deposit" in the form attached hereto. Escrow Agent sball acknowledge receipt of the deposit upon the form attached and deliver an executed copy of same to Developer and to the individual unit purchaser. 2. 'Escrow Agent shall disburse the purchaser's deposit(s) escrowed hereunder in accordance with the following: (a) To the purchaser within live (5) days after receipt of Developers written certification that the purchaser has property terminated his contract. (b) To Developer, with any interest earned thereon, within five (5) days after the receipt ofDevelop&s written certification that the purchasers contract has been terminated by reason of said purchaser's failure to cure a default in performance of purchaser's obligations thereunder. (c) Tfthe deposit of a purchaser has not been previously disbursed in accordance with the provisions of 2(a), or 2(b) above, the same shall be disbursed immediately to Developer or its designees upon receipt from Developer of a closing statement or other verification signed by the purchaser, or his attorney or autborized agent, reflecting that the transaction for sale and purchase of the subject condominium unit has bem closed and consummated; provided, however, that no disbursement shall be made if prior to the disbursement Escrow Agent receives tom purchaser written notice of a, dispute between the purchaser and Developer until such disputd is settled. (d) Escrow Agent shall at any time make distribution of the purchaser's deposit upon written direction duly executed by Developer and purchaser. (e) To the Developer (as to that portion of the deposits in excess of 101% ofthe purchase price) within five days after receipt of the Developers written certification that construction of the itnpmvementa ofthe Condominium have begun, the Developer will use such fiords in the actual construction and development ofthe condominium property in which ORIGIN RRE �VED MOR o 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER JAN- U3 -2UU7 WhO 11;3d 80ach & day Real ly, ine, PHA Nu, feloaooa+ r. u0 the unit to be sold by the contract is located and that no part of these Hinds will be used for salaries or commissions or for expenses of salesmen or for advertising purposes. Escrow Agent shall not however, be responsible to assure that such funds are so employed and shall be entitled to rely solely upon such certifcatiom No disbursement need be made by Escrow Agent until sums necessary to make such disbursement have actually and finally cleared Escrow Agent's account. 3. Escrow Agent may invest the deposits received hereunder in interest bearing accounts in institutions insured by any agency of the United States or in securities ofthe United State and/or any agent thereof;, provided title thereto shall always evidence the escrow relationship. EscxowAgeut assumes no liability or responsibility for any loss of funds which may result from the Mure of any institution in which Developer directs that such savings or time deposits be invested nor any loss or impairment of funds deposited in escrow in the course of collection or while on deposit with a trust company, bank, or savings association resulting from failure, insolvency or suspension of such institution. All interest earned on any deposits shall be paid to the Developer. 4. Escrow Agent may act in reliance upon any writing, instrument or signature which it, in good faith, believes to be genuine, may assume the validity and accuracy of any statements or assertions contained in such writing or instrument and may assume that any person purporting to give any writing, notice, advice or instruction in connection with the provisions hereof has been duly authorized to do so. Escrow Agent shall not be liable in any manner for the sufficiency orcorrectness as to form, manner of execution, or validity of any written instructions delivered to it nor as to the identity, authority, or rights of any person executing the same. The duties of Escrow Agent shall be limited to the safekeeping ofthe deposits andthe disbursement ofsame in accordance with the written instructions described above. Escrow Agent undertakes to perform only such duties as are expressly set forth herein, and no implied duties or obligations shall be read into this AgreementagainatEscrow Agent. Upon Escrow Agent disbursing the deposit ofa purchaser in accordance with the provisions hereof, the escrow shall terminate with respect to said purchaser's deposit, and Escrow Agent shall thereupon be released of all liability hereunder in connection therewith. 5. Escrow Agent may consult with counsel of its own choice and shall have full and complete authority and protection for any action taken or cuff red by it hereunder in good faith and in accordancewith the opinion of such counsel. Escrow Agent shag not be liable for arty mistakes offal or errors of judgment, or for any acts or omissions of any kind unless caused by its misconduct or gross negligence, and Developer agrees to indemnify and hold Escrow Agent harmless from and against any claims, demands, causes of action, liabilities, damages, judgments, including the cost of defending any action against it together with any reasonable attorneys' fees incurred therewith, in connection with Escrow Agaas undertaking pursuant to the terms and conditions of this Escrow Agreement, unless such action or omission is a result of the misconduct or gross negligence of Escrow Agent, 6. In the event of a good Aith disagreement about the interpretation ofthis Agreement, or about the rights and obligations, or the propriety, of any action contemplated by Escrow Agent hereunder, Escrow Agent may, at its sole discretion, file any action in interpleader to resolve said disagreement. Escrow Agent shall be indemnified by Developer for all costs, including reasonable attorneys' fees, in connection with the aforesaid interpleader action. 7. Escrow Agent may resign at any time upon the giving of thirty (30) days' written notice to Developer. Tf a successor to 'Escrow Agent is not appointed within thirty (30) days after notice of resignation, Escrow Agent may petition any court of competent Jurisdiction to name a successor escrow agent and Escrow Agent shall be fully released from all liability under this Agreement to any and all patties, upon the transfer of the escrow deposit to the successor escrow agent either designated by Developer or appointed by the Court. The successor escrow agent must be authorized to act as such by the Florida Condominium Act. B. Developer shall have the rightto replace Escrow Agent upon thirty (30) days' written notice with a successor escrow agent named by Developer. In such event, Escrow Agent shall turn ORIGINAL over to the successor escrow agent all hrkdk documents, records and properties deposited with REL;`- =W-D 2 APR 02 2007 PlA14NING IDEPAk)MENT CITY OF CLEARWATER inn— ui —euut wtv tl;jt *aCh lk tray Kealtyltne raA nU ici0noa310 ,. u•, Escrow Agent in connection herewith and shall haveno further liability hereunder. The successor or other escrow agent must be authorized to act as such by the Florida Condominium Act. 9. This Agreement shall be construed and enforced according to the laws ofthe State of Florida and this Agreement may be made a part, in its entirety, of any prospectus, offering circular or binder of documents distributed to purchasers or prospective purchasers of condominium units inths Condominium. 10, This Escrow Agreement shalt be expressly incorporated by reference in all Contracts between Developer and purchasers. 11. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and shall be binding upon the parties, their respective successors and assigns. 1.2. Alternatve Assurance. Developer reserves the right to post an alternative assurance in ammrdancw with- Section- 7.19 202; Florida: Statotes; and- Chapter 61-B- 17:009; Florida Administrative Code. The director of the Division has the discretion to accept other assurances ( "Alternative Assurance ") from Developer in lieu ofthe escrow of all or any portion of the funds required to be escrowed hereunder. Developer may, but is not obligated to, submit to the Division for approval a letter of credit (the "Letter of Credit") or otherAlternative Assurance, such as surety bonds (" Surety Bonds") or cash, as may be approved by the Division from time to time. If the Division accepts the Alternative Assurance as being sufficient under the Condominium Act and this Agreement, such Alternative Assurance will serve as security for all or a portion of the Deposits otherwise required to be escrowed hereunder in accordance with the terms and conditions of this Escrow Agreement. Developer shall be obligated to furnish Escrow Agent with a copy of the Division's approval of any Alternative Assurance along with the certificate ofDeveloper that such Alterative Assurance is adequate in amount to cover all Deposits to be made in conaectionwiththe Condominium. Notwithstanding anything contained herein to the contrary, no increase or substitute Alternative Assurance arrangements shall be instituted, and Escrow Agent may not rely on any such increased or substituted Alternative Assurance, without the prior written approval of the Division. (a) HWdias of Fouls s SecsnrW by tho AeM ve Assurance. For so long as Developer maintains an acceptable Alternative Assurance as contemplated herein. Developerwill notbe required to escrow the Deposits otherwise required to be escrowed hereunder Escrow Agent; provided, however, that the total amount ofDeposits retained by Developeris leas than or equal to the amount ofthe Alternative Assurance, including all increases and extensions thereofwhich maybe approvedby the Division from time to time. Provided further that in the event the Developer receives Deposits which in total exceed the amount of the Alternative Assurance, any such excess Deposits shall be delivered to Escrow Agent immediately in accordance with the procedures set forth herein. Alternatively, such excess Deposits may be redelivered to Developer by Escrow Agent upon the receipt by Escrow Agent of acknowledgement by the Division that the Division is in possession of an acceptable increase in the amount of Alternative Assurance to cover the excess of the Deposits. (b) MoQft Accnuniin& Developer shall provide EscrowAgent with a monthly accounting of all Deposits which are not escrowed because ofthe existence ofan Alternative Assurance, which monthly accounting shall be used by Escrow Agent as a means of compiling the status report required hereinafter. Escrow Agent shall be entitled to My and completely rely upon the accuracy of said monthly accountings. Such monthly reports shall indicate the amount of monies then held by Developer and a list of the Purchasers who have made such deposits. (c) Exoiration of Alternative Assurance Notwithstanding anything contained herein to the contrary. (i) Developer shall supply the Division with a replacement to the Alternative Assurance which is acceptable to the Division at least farty4ve-(4i) days prior-wths expiration-of the Alternative Assurance. (ii) IfEwow Agent has not received iaotificadonfromftDivisiontlwDeveloper has ORIGINAL 3 REf.`HVFD APR 02 2007 PLANNING DEPAk1 MENT CITY OF CLEARWATER JHN- ll3-2M WED 1131 Hach & Nay Realty, inc. NHX Nu. 12fbanod* r. un complied with Paragraph (c)(i) above, then thirty (30) days prior to the expiration of the Alternative Assurance, Escrow Agent shall' provide theDivision with a statement sbowing-therstatusofthe�total- fluids secured by the Alternative Assurance as ofthe thirtieth (30t day priorto the expiration of the Alternative Assurance based on the monthly reports furnished by Developer. (iii) Escrow Agent shall then make demand for payment from Developer to Escrow Agent of that amount of total funds secured by the Alternative Assurance. In the event such payment not forthcoming from Developer within five (5) days firom mailing of demand by Escrow Agent, then Escrow Agent and/or the Division shalt make demand upon the Alternative Assurance to theextent of the amount of funds and place such funds with Escrow Agent, which shall then be responsible for maintaining such funds in accordance with this Agreement In the event Escrow Agent fails to make the necessary demand on the Alternative Assurance as act forth above, the Division shall have the right to than make the demand on the Alternative Assurance in accordance with the terms of this Agreement and such funds shall be placed in escrow pursuant to this Agreement. It is understood that this procedure shall similarly be followed in the event of any disputewith any Purchaser relating to any refunds of any funds secured by the Alternative Assurance from time to time %bat is not resolved within fifteen (15) days from the date that Developer receives notice of the dispute. (d) Release of Funds to Developer. Funds retained by Developer puivaant to Paragraph (a) above, which are secured by the Alternative Assurance, may only be released from the Alternative Assurance upon presentation to Escrow Agent of one of the certifications, with the additional language that fiords previously released are no longer required to be secured by the Alternative Assurance. (e) Previously Released uDds. Funds previously released to Developer which are secured by the Alternative Assurance may be released from the Alternative Assurance upon cancellation by a Purchaser upon presentation to Escrow Agent of an affidavit stating that Developer hasfiillyrefunded Purchaser'in accordance with the terms of the Purchase Agreement. (f) Other Condominiums. It is acknowledged that the Alternative Assurance may cover other condominiums both within, andout6l-tfethe Project bag developedbyl[Yeveloper andtts -i liates; In- the event that the Alternative Assurance is amended to cover any other condominium, the Division shall be furnished with such original amendment. Developer shall deliver to Escrow Agent a copy of the Division's approval of such amendment. (g) AssuranceNo Longer ftuired. If any outstanding Alternative Assurance is no longer required in order to enable Escrow Agent to satisfy the conditions set forth in the Condominium Act and herein, then Developer shall so notify Escrow Agent and the issuer in written form by certified mail at least Pony -five (45) days in advance of the expiration date of the Alternative Assurance and Escrow Agent shall return the Alternative Assurance to the issuer. For purposes of this subparagraph, the expiration date of any Alternative Assurance, which is automatically renewable shall be extended by the applicable renewal periods unless Escrow Agent receives notice from the issuer that the issuer will not renew the Alternative Assurance. Escrow Agent is authorized to rely upon a statement from the Developer as to whether Alternative Assurance is no longer required to satisfy the conditions set forth in the Condominium Act and herein. IN WITNESS WHE"OF, the parties have executed this Agreement on the day and year first above written. ESCROW A(M, NT: DEVEILOp]EYt: TITLE AGENCY OF FLORIDA, INC. FMWO DIVELLO AS TRUSTEE OF THE a Florida corporation DIVE LLO LAND TRUST DATED AUGUST 10, 2004 By: BY: 14�_ ORIGINAL enneth G. Arsenault, Jr., President PWvio Divello, Trustee RECEIVED A 1)R o 2 2007 PLANNING, DEPARTMENT CITY OF CLEARWATER JHN-U3-LUUI WBU 11;J1 *each & tlay Meal ly, Inc. MA NU, rtrodoo, r. vu Date: TITLE AGENCY OF FLORIDA,1NC, 19535 Gulf Boulevard, Suite C Man Shores, M 33785 RE: Purchase of Unit No, DOCKSIDE, a Condominium Gentlemen: The purchaser(s) named below has entered into a Purchase Agreement fbr the above Condominium Unit and we deliver herewith a deposit of$ in accordance with the Purdhase Agreement, to be deposited in escrow m accordance with the Escrow Agreement. Name ofPurchaser(s): Mailing Address of Purchaser(s): 'Social Security N'umber(s) ofAurchasers; Receipt is acknowledged of the above deposit, subject to clearance of said funds, if a check TITLE AGENCY OF FLORIDA, INC BY; Date ofReceipt: ORIGINAL RECcIVED APR 02 2007 H.wv clmcs rile�VCen Ane,u,diu'op,W Dt;� Dktnt °t^JU:Y=UW AW6dae PLANNING DEPARTMENT CITY OF CLEARWATER 5 • » 1.4 H 5 i DOCKSIDE, A CONDOMINIUM A PORTION OF SECTION B, TOWNSHIP 29 SOUTH, RANGE 15 EAST, CITY OF CLEARWATER. PINELLAS COUNTY, FLORIDA 1'Ctln». GfJI iJ:H LEGAL DESCRIPTION: S. TLtQI i(K 119140TIDt1 TT PAM 1111.1 t21aS5 D117 O a 1TS0Sa Ofa1 O fUluo IYf "Ira. 121113tJ11D2o a twiluot0 /1 I'LWD MI 1104 KTCL.II A 121 AtxtSm ALLP DATCL �j'Pttl4m D7. 10W 7. ALL STAISM. CORMIE S46S. CLEVAIOSS. 4tCKI1K 11004. TYNH CII1IES. CENF&A7D1 ROM. AND FOKCS ARE WIAQA tLEAAi1n5. A. BALIs14ES AW 4SSt0NCD PAM IM SPACLS ARC LIIHIC1 COIAAW CI.L1[1115. Q�11'� - _ _ _ - _ - _ - _ -.� _ _IsltQ(d T PAVEMEFIT �� 2' COLIC. tVTTEB P- Sm A..•A. � p SCIA 4 "104" L�PnLilB H12.343D�23BOTPalI1 LB 6919 IPRMI 6 •IPl It IwtPI 1 11571.1 ! r 8S'IP1 L0T B ,; --j ZL ( 's 76.8' a r IC x3.0 CONC. DCIC fYAts 277.S ! I STJWt6 AL a ~f•. G TAASI, ' ~ MIIITE a 1f •� '�L r�{ �� �r .x'43 r R .� 1 _ c c ( ac aS LT 4' Y L°° ss � v LOT 3 7.7' Dr 117121 ! 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A. flit =$Mat SUMV S-w 90CEN VAS BASETI IN lilt TITLE CCOSIT14MT I1KISM11 ITS ATTOtKTS' TIILL INSMAI CE T1Am. IK.. ate CDMIIKxl xW 0- 124411!. OAIEI JBSC 2]. 2015 AT 011011 A.Y. n1119 MAT 111 ANITIDI41 110111C111H5 Rot p16Vx all ills S111KT. LEGEND CE ■ CM ■ FCIB d FIP s IOR s La LCE Ar LS O tl 0.11 a. a PD IP1 SuI 5 30 60 is DI tALARGEI IN 512E t4K iD NtFOmtA:11104 S. 31115 $11 LLOSCCI71ATA1 IMt1TIWGIURaTID1 ANLN MIAININC WALCD BATA. LEGAL DESCRIPTION: S. TLtQI i(K 119140TIDt1 TT PAM 1111.1 t21aS5 D117 O a 1TS0Sa Ofa1 O fUluo IYf "Ira. 121113tJ11D2o a twiluot0 /1 I'LWD MI 1104 KTCL.II A 121 AtxtSm ALLP DATCL �j'Pttl4m D7. 10W 7. ALL STAISM. CORMIE S46S. CLEVAIOSS. 4tCKI1K 11004. TYNH CII1IES. CENF&A7D1 ROM. AND FOKCS ARE WIAQA tLEAAi1n5. A. BALIs14ES AW 4SSt0NCD PAM IM SPACLS ARC LIIHIC1 COIAAW CI.L1[1115. A PANCEL tr LAND LTHO W SECTION S. TOWNSUP 2D SOIRH. RANGC 15 EAST. PINELLAS COw7Y, FLOIt!" 611M ULWE AARI ILARLY DESCRSEO AS OWS, ALL OF LOTS 4 8. E.7 AND a OF LO ULW SIUNISIOH ITa.4.A000ROM TO THE MAP aR PLAT TfEDEbF AS 9ECDI0IED at FLAT 90OK ]t. PARE I6 LN THE PIl911C BEWfDS of PNELLA9 CoWff. manicA CONTAWK; 39.DD0 SDOARE FEET.ON 0.09]] ACRES YORE OR Ir CEFIIIFICAYION: I HEKSDT CEITTIFT THAT THE COItSTROCt[OII OF TILE IMPJTDVEMD175 IS SU11STAHTIALLY COMPLETE, THIS PLAT OF DDC $IDE. A COROOu1nim TOGETHER WITH THE PROVISIONS OF THE DECLARATION DE301111HD TILE C0110oultllilM PROPERTY t5 All ACC LATE REPRESE+ITAIIDN OF TIIE L13CA711MI AND DILENSIOt+S OF TIIE ESISTING IItl1ROFE1EIS AIIO �TIJE NT FIC4710H. LOCATION AMID D[NEN510R5 OF TILE COOIAAOn ELEMENTS AND OF EACH EMIT CAN BE JOE! Na.t 060001.2 E III E t S. SHEET 1 OF 4 2 p Le 5925 KLEIN & STAUS SUR UR I A. KLE IN c t PROFESSIONAL SURVEYORS FLORDA PRDFESSIDJJ SURVETtm MID MAPPER 5018 OLD COUNTY ROJ f1EDI5TITATIO11 IIIL 5042 NEW PORT RICHE;Y. FLOP LICENSED DDSINESS Ito. 5920 OFFICES 727 - 034.8140 IPA%I I.. W Q� 1W-- © L3+ ex N t (= (b 0 LIJ V LL z Q6 4 • LEVEL 2 LEVEL 1 PARKING LEGEND: ""OCKSI E9 AL CONDOMINIUM A PORTION OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, CITY OF CLEARWATER, PINELLAS COUNTY, FLORIDA IAAT 205 O 371' 330 ;, 37.6 I6.5' %Lw G Uwr LOBBY 8 �� STABS 2D3 tpar 1>rA5 : G CHUTE t : c ° IDl m ry N r WDALCOM n - 1THIT UNIT LB 201 102 q UNIT 7.D' 200 m 3 v zg G Ty D BALttlRY -'l CE a COMMON ELEMENT a LCE - LIMITED COMMDN ELEMENT MR a MACHINE ROOM 5 a STAIRS 1 �7 f 3__" STAItiS � h Ib' �� s tell u P It YHVH a 9TuiY C.85. C etlNt. LroNDawNaa, NOI EI L ALL CABANAS ARE ILCEI LmITED CDUUDN ELEMENTS. 3 AALLL DA.C6MESNAND ASSMM PEAMWO SPACES ARE LPAMD CGUMOII ELEMENTS. I. LRVELS 2 THROUON 6 ARE INTOOR DaIENSBNS OT THE INOMUAL UMTS. N so U I u1e7�3a�s.�y�n 7 ASPIIAI t DEDVEWAY AHD PARRi46 013, III I33 I24In in III In 4 LEVEL 2 ELEVATIONS CEILING ELEVATION - 31.16 FLOOR ELEVATION 17.71 ti u 4 q -3 W a ae& q 7s— LEVEL 1-ELEVATIONS CEILING ELEVATION) 19.95 FLOOR ELEVATION! - 8.36 mIJ; III Im13,InI>sI3► & B'tAUll SURVEYING,11' iSIONAL SURVEYORS AND MAPPERS 116 OLD COUNTY ROAD No. 54 PORT RICHEY. FLORIOA_34853 __, a- Lu W 0- ® QY N u- CQ � _3 O U LLuu LL z C 0 LEVEL d LEVEL 3 LEGEND. DOCKSIDE, A CONDOMINIUM A PORTION OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST. CITY OF CLEARWATER. PINELLAS COUNTY. FLORIDA NDTE1 !4 �02 aT 403 301 14 302 14 33003 L ALL CABANAS ARE ILCEI LIMITED COILMON ELEMENTS. 2. ALL STAIRS. CONCRETE SLAIRL FENCES. AM CCUUM ELEMENTS. 3. ALL BALCOMES AND ASSIGNED PARNBIG PACES ARE LIMITED CMUON ELELIENTS. 4. LEVELS 2 TNROUO11 6 ARE WMWR DIMENSIONS OF THE MVIOLAL LOOS_ LOWER RDOF BELOW LOWFD im" LNT y LMT 404 405 LEVEL 4 ELEVATIONS CEILING ELEVATION • '49.14 FLOOR ELEVATION 40.89 Lear z Us aar LEVEL S ELEVATIONS 304 308 %306 CEILING ELEVATION • 40.01 275' 2a D u FLOOD ELEVATION 31.76 1!I'+I7 EIN & STA.UB SURVEY"q INN- PROFESSIONAL SURVEYORS AND MAPP$RS 8016 OLD COUNTY ROAD N10.54 NEW PORT RICKEY. FLORIDA 34693 Neu � LLJ N c L., CE = CAOTMICI�TELEMENT LCE m LIMITEDRCOMMON ELEMENT MR •• MACHINE ROOM 5 = STAIRS NDTE1 !4 �02 aT 403 301 14 302 14 33003 L ALL CABANAS ARE ILCEI LIMITED COILMON ELEMENTS. 2. ALL STAIRS. CONCRETE SLAIRL FENCES. AM CCUUM ELEMENTS. 3. ALL BALCOMES AND ASSIGNED PARNBIG PACES ARE LIMITED CMUON ELELIENTS. 4. LEVELS 2 TNROUO11 6 ARE WMWR DIMENSIONS OF THE MVIOLAL LOOS_ LOWER RDOF BELOW LOWFD im" LNT y LMT 404 405 LEVEL 4 ELEVATIONS CEILING ELEVATION • '49.14 FLOOR ELEVATION 40.89 Lear z Us aar LEVEL S ELEVATIONS 304 308 %306 CEILING ELEVATION • 40.01 275' 2a D u FLOOD ELEVATION 31.76 1!I'+I7 EIN & STA.UB SURVEY"q INN- PROFESSIONAL SURVEYORS AND MAPP$RS 8016 OLD COUNTY ROAD N10.54 NEW PORT RICKEY. FLORIDA 34693 Neu � LLJ N c L., i i LEVEL 6 LEVEL 5 LEGEND: Del. CKSID 9 A CONDOMINIUM A PORTION_ OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, CITY OF CLEARWATER■ PINELLAS COUNTY. FLORIDA 6 R BALCONY Cr _.COMMON ELEMENT E = ELEVATOR LCE = LIMITED COMMON ELEMENT MR a MACHINE ROOM 5 SS STAIRS NOTES SO 60z eD3T 3 s• am W R&COMr SD2 Saa3T so LALL CABANAS ARE ILCC)LIMITED COMMON ELEMENTS. L ALL STAIM CONCRETE MASS. FENCE5.AK COMMON ELEMENTS. ALL BALCONIES ANO ASSIONEO PARKWO SPACES ARE LIaTED COMMON ELEMENTS. 4. LEVELS 2 TNROMON 0 ARL WTERtOR ONENMONS OF THE WD MUAL UMTS. LONER R oar LOWER BELOW war LaaT 604 iv 605 LN&r sw ;� 1 Sas § 27.5• 26.0• Mr aaLccw LEVEL 6 ELEVATIONS CEILING ELEVATION - 67.29 FLOOR ELEVATION 56.79 LEVEL 5 ELEVATIONS CEILING ELEVATION 58.09 FLOOR ELEVATION 49.84 -EYN tt STAUD SURVE' PROFESSIONAL. SURVEYORS AND 8016 OLD COUNTY ROAD b NEW PORT RtCHEY. FLORMA OFFICES 727 - 934.5140 FA %S 721, I-- -� C= LLI .s 1! N �� 1-11 u s:1 -�.d Dockside, A Condominium 445 HAMDEN DRIVE CLEARWATER BEACH, FLORIDA UNIT TYPE F 1 UNIT TYPE G I UNIT TYPE H 201 20Z ! 203 2ND FLOOR PLAN i UNIT TYPE L UNIT TYPE J 206 0 0 ®z R) X) � i UNIT TYPE L UNIT TYPE J 206 0 0 Dockside, A Condominium 445 HAMDEN DRIVE CLEARWATER BEACH, FLORIDA UNITTYPEA- UNIT TYPE B ; UNIT TYPE B' 301 302 I 303 I � ' �' BEObOON 1 pEOppOM i t BEORO" 1 BEDROOM i BEMOOM f DEDROOM H 1 at r 1 of BE 1 rf 1 Bt •- p"LCONWY w.bDB I I I I J 1 __• _ COMMON AREA BEDROOM pip• � tlramts n JIT TYPE C`: [ UNIT TYPE B ! UNIT TYPE D 304 I 305 ! 306 ' J I BEbAOOM ...OM I BEDROOM 1 I ONOIOOY of : R of f BOOM ORBLT gOOM OOCJIT BOOM =BAT ROOM ObEATAbOM OAL°Ar ROOM iF. MO L tO80 5f i. O .F ivf 0L 1357 5F ML 1 . 1,080 SF. 8'-G^ WIDE BALCONY AND ROOM ACCESS � B' -0^ YYtDE BALCONY AND ROOM ACCESS 3RD FLOOR PLAN 0 0 n �o rrl C =) g -4 F9 0 0 J J Dockside, A 'ondammmm 445- HAMOEN DRIVE CLEARWATER BEACH, FLORIDA UNIT TYPE= A i UNIT TYPE B UNIT TYPE C 401 402 t 403 i j j t trlaBnar I Ogaaa" t t DDBIInD" 1 BlOpBBN Bannon" 7 p=mcm n + q t t a t art a: t �� � � ■ nDD" aaaa� " 4TH FLOOR PLAN n 0 n � mom. Cr X, §. -_° rn Z- 4 WIT TYPE C UNIT TYPE B UNIT TYPED 404 t 405 ! 406 t1m1BDO" 1 araBVB" 1 BeDpaBw + aaBBao" + 1 BrnpBO" rt 1 as i rt i R i i M 13' -0" WIDE BALCONY AND ROOM ACCESS M EM m Em apCAT RODIa 0 • Dockside A Condominium 445 HAMDEN DRIVE CLEARWATIER BEACH, FLORIDA UNIT TYPE A ! UNIT TYPE B UNIT TYPE C S09 502 I 503 `. EEOEOOM 1 BEDROOM j t BEEEOOM j tEOEBDY j E ;BgeeM j EEOROBM N 4 1 1 it 1 4 1 at 1 81� BE4a:O11T tELLON ftA e F /tea !1a „ BLORDt1M gIOROOEI n in 1 ��1 w ROOM UNIT TYPE C ! UNIT TYPE B UNIT TYPE D 604 ! 805 ! 506 i E ^jj ttORetlll j R47POOq j tBtBDeA 1 i;PBPOM 1 1 M[trROOM � f Ef 1 4 l tt m 11 at ` 0'-M WIDE BALCONY AND ROOM "CM 5TH FLOOR FLAN e ' Elm"u- BgET EOeY • :n M� e ' Elm"u- BgET EOeY • Dockside, A Gondomin%um 449 HAMDIE:N DRIVE CLEARWATER BEACH, FLORIDA • UNTTTYPEA ! UNIT TYPE B UNIT TYPE E 1. UNIT TYPE V ! UNTf TYPE B ! UNIT TYPED say I 602 603 ! 604 m 6a6 � cm bEtlIIOOM 1 1 I ObptltltlM I I BEDROOM 1 OEObtlOY 1 1 btlbNOW 1 MOROM bmbOOM I 1 itWbbtlM 1 I AS i OiObtltlM t N R 1 1 bEtlROOY 1 1 R 1 H t R �QR M11tS[R bi j I i t Tf • 1 1 � IC�IY �I O.14 1 >t�bOOtl 1 S F. -I GRE4T bO0Y r ROOMown Rown 1 7 S.F. M ON"roloom s, MDL Obui bOOY j OROIR ODOM A. l 8'Ar WIDE BALCONY AND ROOM ACCESS 6TH FLOOR PLAN o A' C 00 � m N) cm E • Dockside a a , A, Condomzntum 445 HAMDEN DRIVE CLEARWATER BEACH, FLORIDA Unit Type "B" 2 BEDROOM 2 BATH 302- 402 ~502 -602 11080 TOTAL S.F. (M.O.L.) 305-405-505-605 ORIGINAL RECFIVED APR 0 2 2007 PE.MNiNG DEPAWIMENT CITY OF CLEARWATER l - yVry�ih= .•fyiiS 51�;. �; j•: �c �� � F �t`, i. :i•�a tY,i�Eii �'Y?Y� fa=d _ �' = ' "'f•:;I': -+'� hr,',f,._. =:ii'4 - - EDRO `w:s'iy'j's�i.' O t<.' +7 li- •t�lE "'3:If4': mill i1. i.,. , .rt a��R� �^f • J7Vf ,y..\ l'IM: Jy.y' j,.7.:`::1;�4 �.li.. �;�.f 1 �h •r�,' -S $ u, �4 t "rte= 3�e.�t7i ���{]11.a!- •V `.i� • w`e- _ -4'm�- �i'i.,,ri,L_(i:;"•f`� iS�F�'hsi•� r_ �-`'•' ��• �-t` -ai,+' f;?�':�i', 1� � s_ ' �r� •� = -1 � ^jjj `T �� `�� - :. -.. 7 1 _•�. �- . rf`t��•- �.x� *r .-.. .,8 r- IYJ! r1]r` ,'t' .eM s5�}J3y�19� Y �$_:y •,�� �'�j (i}'7 it +:`%1�?F1�V.: T- :� � >.::�c �¢"�'.S%Y:]�t:Zr1A�1ri:��;5 ::':�.� '3 -.1 :};•' -��� i• TT'(ro.:• �ti!�r•.L :ft'1:.'Krr��Uk i�1>,�'� -���'�j ' gift' ,1 �ef�y.k}o }:'�: O t IyTyi � `ff O a.;. `-f,aT ,��11 •1�� •`-Yy'r t ti��yt.: ;awl t : m �til, li: ' 1•; t'. it �iy: ;_ L:a� :r'✓1 {'4i li+- F ���a "'Nw��!�.�,e�, y^"ii � � ipn \�Iif:l . �SJk.jC�l,'Jfr,�l9L � T � +LL51? •64r �• �. 8,t- `Jlflf•Il ».:��1.�1I'+F Color lot I Am Y t� '�:P+•{!'.�0:.;G�•�'%�r �i'lef{'rr:l I• S.Fi.;- - L'' +;..1 .?rb;t; n•.�T 1 �-• ]nark j s - -`:�� Yi:a;4 � {'1 °';1�6 .:•Ir :'c� ' - .•::�'r1,:7F:�. _:: :r:; .� {,e ?d I! - ^ ld% U'r ' r :N :..:] 'W. 4 ! 1 +1. -•: Pm Jq ��• ! W S't+ • ; i ji: 3" f-•; `� ' ii. • , - ;5i 'j<: i;: ra h 'li � `� N 'l T ;i7 L. ` C. i a,• E 4-1 �t. ,� P #' i• ' t •'.:...d.:�• .r, • {r .� ,:, �P .]. '- a3i ' :f �''r - •ni 't' _ �:, 4c' �• ai _ - iLi it• -C :.9''`i •. i':' • 1 �r .:a., . r4 '4' -c• :«_ is ' • 't 3':.'k - ORIGINAL RECFIVED APR 0 2 2007 PE.MNiNG DEPAWIMENT CITY OF CLEARWATER dui ��I 1 7 • Dockside,- A Condomtnzum 445 HAMDEN DRIVE CLEARWATER BEACH, FLORIDA Unit .Type ► C*" 304 3 BEDROOM 2 BATH 11313 S.F. CONDITIONED AREA 84 S.F. BALCONY 1,397 TOTAL S.F. (M.O.L.) ORIGINAL RECEIVED APR 02 2001 PLkNNIN DEPARIIAEN -1 CITY OF C LEARWATER 1 1 �t Dlockside� 445 HAMDEN DRIVE A Unit Type "C" 40.E -503 404 -504 CLEARWATER BEACH, FLORIDA 3 BEDROOM 2 BATH 1,291 S.F. CONDITIONED AREA 84 S.F. BALCONY 9,375 TOTAL S.F. (M.O.L.) ORIGINAL REl VED APR 0 2 2007 PLANNING DEPAWIVIENT CITY OF CLEARWATER 1 1 . I Dockside, A 445 HAMDEN DRIVE Condominium CLEARWATER BEACH, FLORIDA Unit Type "D" 306-406- 506 -606 i BEDROOM 1 BATH 565 S.F. CONDITIONED AREA 51 S.F. BALCONY 616 TOTAL S.F. (M.O.L.) ORIGINAL REOFIVED APR 0 2 2007 PLANNING DEPAkilVYENT CITY OF CLEARWATER 1 Dockside, A Condominium 445 HAMDEN DRIVE CLEARWATER BEACH, FLORIDA Unit Type "E" 3 BEDROOM 2 BATH 60 17337 TOTAL S.F. (M.O.L.) ORIGINAL REC.'1=IVED APR 0 2 2007 PLANNING Dc'PA W)MENT CITY OF CLEARWVATER I - t .1...]: JIM mom INS I' t f �Q�� 1 ®��[w�•� r � , lli. � rL�J p ®p ®ggCgqSry�ry its I I •. [ 1 -'I ' I .: �� lhO ®73YJ t t' t t i � j` I '11 7j, MIDI ®iQ ®® `L^� �... -" � � '-"� ,� " I I '• �'_i ..) Naga &EnoM0E �� ®� ® ®���® x':'11■ oil fqi /i/R! 0: 1M. 1 7 Al Dockside A Condomzntum 445 HAMDEN DRIVE CLEARWATER BEACH, FLORIDA Unit Type "H" 3 BEDROOM 2 BATH 20 2,009 TOTAL S.F. (M.O.L.) RECHVED APR 0 2 2007 PLANNING DEPARIMENT CITY'OF CLEARWATER 1 '4v • Dockside, A Condomtn-tum 445 HAMDEN DRIVE CLEARWATER BEACH, FLORIDA Unit - Type ' f " 206 1 BEDROOM 1 BATH 786 S.F. CONDITIONED AREA _84 S.F. BALCONY 870 TOTAL S.F. (M.O.L.) ORIGINAL RECEVED APR 02 2007 PLANNING DPARWENT CITY OF OLEARWATER 1 7 Dockside, A Condommium 445 HAMDEN DRIVE CLEARWATER BEACH, FLORIDA Unit Type "K" .200 2 BEDROOM 2 BATH 2,332 TOTAL S.F. (M.O.L.) RECHVED APR 0 2 2007 PL-�%ivtviiiG DEPAWIMENT CITY OF CLEARWATER I -1 vocicstae, zi uonaomznzum "S HAMDEN DRIVE CLEARWATER BEACH, FLORIDA Unit Type fiLff 2 BEDROOM 2 BATH 204 Ill 1 53 TOTAL S.F. .(M.O.L.) 00 MEN amis [a 9119 2- d]-Elool- )QIGINAL RE ff�IWD APR 0 2 2007 CITY OF CLEARWATER 7 7 it Dockside A Con omznium 445 HAMDEN DRIVE CLEARWATER BEACH, FLORIDA Unit Type "L*ry 2 BEDROOM 2 BATH 205. '1,133 TOTAL S.F. (M.O.L.) COGINAL RECKI ED hPR 02 2007 - PLAAfPvG -- PHktfViiNT CITY OF CCFApW ATFk' , UVIEW, IEEE BOBBIN no% grWimm Wimp 61.Efl @@II® now ,....1111VA $ mum Almmmm0amp"d= mem II■ 4 • • i • !I■ �p ®pt� ®tllLi�� ®iI1 LYE iYI�CpJ�pip ®p® {g�1 �y ; �y�pd'yl�tC7U MENEM ® ® ® ®t���sm� ®g���63IrI�CG ®W ®iC ®R[CaiiZ�lfb ®Fi��I�tlG� �{i� ® ®I7 C9 ®� ®I�� W� ® ®I6 GZ ®Ii1i�11¢17YLI�I� ®III ®7� ®I�Ftl COGINAL RECKI ED hPR 02 2007 - PLAAfPvG -- PHktfViiNT CITY OF CCFApW ATFk' EXMIT "1" LEGAL DESCRIPTION: E A parcel of land lying in Section B, Township 29 South, Range 15 East, Pinellas County, Florida being more particularly described as follows: All of Lots 4, 5, 6, 7 and 8 of COLUMBIA SUBDMSION NO. 5, according to the map or Plat thereof, as recorded at Plat Book 31, Page 15, of the Public Records of Pinellas County, Florida. PIGINA , IOR . 2 200,1 Uly OF C(64'OlAi'A" r� • 0 FILING TABLE OF CONTENTS DOCKSIDE, a Condominium. DOCUMENT TAB Prospectus - 1 . Declaration of Condominium -2- (Exhibit "A" to Prospectus ") Legal Description .3- ,(Exhibit "1 "to Declaration) Proposed Site Plan/Floor Plans and Survey -4- (Exhibit "2" to Declaration) Articles of Incorporation -5- (Exhibit "3" to Declaration) By- Laws/By -Law Rules (Schedule "A ") -6- -(Exhibit "4" -to -Declaration) Guaranteed Maximum Assessments -7- (Exhibit "5" to Declaration) Purchase Agreement and -8- Notice of Escrow Deposit (Exhibit "C" to Prospectus) Escrow Agreement -9 - Management Contract - 10 - (Exhibit °U" to Prospectus) Budget _11- Question and Answer Sheet -12- Evidence of Developer's Ownership or Contractual Interest -13- Conversion Report/Engineering Report - 14 - (Exhibit "E" to Prospectus) Pest Inspection Report _15- (Exhibit "F" to Prospectus) Local and S t a t e Approval of Development Plan - 16 - (Exhibit "G" to Prospectus) Shared Facilities Agreement -17- (Exhibit "H" to Prospectus) Receipt f o r Condominium Documents - 1 g _ ORIGNAL RECHVED APR 0 2 2007 PLANNiNG, DEPARTMENT CITY OF CLEARWATER •FREQUENTLY ASKED QUESTIONS AND ANSWERS SHEET I* DOCKSIDE CONDOMINIUM ASSOCIATION CLEARWATER BEACH, INC. AS OF MARCH 15, 2007. Q: A: Q: A: Q: A: Q: A: Q; A: Q: A: What are my voting rights in the condominium association? Each Unit has one vote. If Units are combined, the Owner has as many votes as he has Units N they were not combined. See Section 5.2 of the Declaration of Condominium. What restrictions exist in the condominium documents on my right to use my Unit? 1. Units may be used for residential purposes only. 2. Children are allowed to reside in the condominium. 3. One dog or one cat, per Unit not to exceed more than 30 pounds in weight 4. No alterations to Units or landscaping without Association approval. 5. No nuisances or improper uses are allowed. 6. Handicapped parking spaces are for handicapped drivers only. 7. As of the date of this document applicable law requires a thirty (30) day minimum rental period. The Developer Has applied to the City of Clearwater to reduce the minimum rental period to seven (7) days. No assurance is Given that the applicable rental period will be reduced by the City of Clearwater. Other restrictions on leasing Are set forth in Section 17.2 of the Declaration. 8. Association may enforce compliance with documents. See Section 16 of the Declaration of Condominium. What restrictions exist in the condominium documents on the leasing of my Unit? A: A portion of a Unit may not be leased. As of the date of this document applicable law requires a thirty (30) day minimum rental period. The Developer has applied to the City of Clearwater to reduce the minimum rental ..period to seven.(7) days. No assurance is given that the applicable rental,period will be reduced by the City of Clearwater. Other restrictions on leasing are set forth in Section 17.2 of the Declaration. See Section 16.1 and 17.2 of the Declaration of Condominium. How much are my assessments to the condominium association for my unit type and when are they due? For 2007, the monthly assessments are due on the first of each month. The assessments for the units are as follows: WITH RESERVES WITHOUT RESERVES ALL UNITS Monthly Annual Morythl Annual $494.59 $5,935.04 $396.33 $4,756.01 Do I have to be a member in any other association? If so, what is the name of the association and what are my voting rights in this association? Also, how much are my assessments? No AmIrequiredto. paprrentorlandusefeesforrecreationalorothercommonyusedfacilttie s? Ifso,how much amI obligated to pay annually NONE Is the condominium association involved in any court cases in which R mayface Ilabilml in excess of 51oo.o00? If so, identity each such case. NONE PURSUANT70 THE-CONVERSION INSPECTION REPORT, THE ROOFS FOR BUILDING 1501,1505 ,1515,1523,1525;1527,1531,1533 1537 ARE IN POOR CONDITION; THE ROOFS ON ALL OTHER BUILDINGS ARE IN FAIR CONDITION; THE WESrCMU COLUMN ON THE OF BUILDING 1521 HAS DROPPED APPROXIMATELY I INCH; THE ELEVATOR IN BUILDING 152181S IN POOR CONDITION; THEELEVATDRIN BUILDING 1525 (SOUTH) IS IN POOR CONDITION; THE ELEVATORS IN BUILDING 1535 (NORTH $ SOUTH) ARE IN POOR CONDITION; ALL ELEVATORS HAVE A REMAINING USEFUL UFE OF 5 YEARS; 91 OF THE INDIVIDUAL HVAC UMTSAREMORE THAN 30 YEARS OLD AND 90% OF THE AIR HANDLING UNITS ARE PAST THEIR USEFUL LIFE; AND THE ASPHALTPARKING SYSTEM ISIN POOR CONDITION WITH A USEFUL LIFE OF LESS THAN TWO YEARS. NOTE; THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFER NCES.EXHIBITSHERETO +THESALE3 NTRAC.ANDTHECON INIUMDOCUMENTS. ' ORIGINAL REED`` @VED APR 0 2 2007 PLANNING DEPARIMENT CITY OF CLEARWATER MANAGEMENT CONTRACT THIS AGREEMENT is made and entered into as of the day of . 200_, by and between DOCKSIDE CONDOMINIUM ASSOCIATION CLEARWATER BEACH, INC. (the "Association "), and a Florida (the "Manager "). WITNESSETH: A. The Association is the entity responsible for the operation of DOCKSIDE, a Condominium (the "Condominium "), established (or to be established) by the Declaration of Condominium therefore. recorded (or to be recorded) in the Public Records of Pinellas County, Florida, (the "Declaration "), the definitions of which are incorporated herein by this reference. B. The Association desires to retain the Manager, and the Manager desires to be so retained, to manage the Condominium. NOW, THEREFORE, in consideration of the premises, and other good and valuable consideration received by each party from the other, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto hereby agree as follows: 1. Exclusive Manager. The Association hereby retains and appoints the Manager, and the Manager hereby accepts such retainer and appointment, on the terms and conditions hereinafter set forth, as exclusive Manager of the Condominium. 2. Term. This Agreement shall commence on the date of execution hereof and shall continue until one (1) year after turnover of control of the Association by the Developer, unless terminated sooner in accordance with the provisions hereinafter set forth. Unless so terminated, this Agreement shall be automatically renewed on an annual basis until terminated pursuant to Paragraph 8 herein. 3. Manager's Duties. During the term hereof, the Manager shall perform the following services as, when and if needed, or as otherwise specified herein, to assist the Association, subject always to the approval and direction of the Association: 3.1 Engage all persons (but no less than one, which person or persons, however, may be engaged on a part-time basis) necessary to properly maintain and operate the Condominium, it being understood that all personnel so engaged shall be engaged by the Manager as agent for the Association, provided, however, no person shall be so engaged without the prior written approval of the Association. 3.2 Provide the day to day bookkeeping services necessary to pay the bills of the Association, the payroll of its employees and any other debts approved by the Association. This service shall be performed at least once a week and shall include, but not be limited to, keeping all records of and performing all services in connection with the payment of bills, payrolls and such other items as may be provided for in the budget. 3.3 Collect, at least once per month, on behalf of the Association, all common expenses, charges, assessments, rentals or other payments from Unit Owners and concessionaires, and other monies and debts which may become due the Association, and in the event of default in such payment, take all such legal or other action in the name of the Association as may be necessary or appropriate to enforce any rights which the Association may have as a result of such default. 3.4 As and when needed, supervise the maintenance, repair and replacement of that portion of the Condominium Property for which the Association is responsible for maintaining, repairing and replacing, in accordance with the Declaration, and in accordance with maintenance ORIGINAL REIN APR 0 2 2007 PLANNNG D RARTiv ENT CITY OF CLEARWATFp standards established by the association, including, but not limited to cleaning, painting, and such other maintenance and repair as may be necessary. All such services shall be planned and made consistent with the approved Association budget or maintenance schedule. The pool and pool deck area shall be cleaned at least once per week and chemicals added as needed. 3.5 Take such action as may be necessary to cause the Association, Manager, Unit Owners and occupants of Units to comply with all laws, statutes, ordinances and rules of appropriate governmental authorities having jurisdiction, and with the Declaration of Condominium, Articles of Incorporation and By -Laws of the Association and applicable Rules and Regulations, in connection with the operation of the Condominium and performance of this Agreement. 3.6 Purchase, on behalf of the Association, all tools, equipment, supplies and materials as may be necessary or desirable for the maintenance and upkeep of the Condominium. Such purchases shall be made in the name of the Association. Any such purchase shall be subject to the prior written consent of the Association unless provided for in the approved budget of the Association. 3.7 Subject to the prior written consent of the Association, enter into contracts on behalf of the Association for services that the Association shall require. 3.8 At least once per week, check all bills received by the Association for services, work and supplies ordered in connection with maintaining and operating the Condominium, and cause to be paid by the Association all such proper bills as and when the same shall become due and payable. 3.9. Not less than once per year, prepare, review and analyze periodic financial statements with comparative budget figures, including a proposed annual operating budget (at least thirty (30) days prior to the end of each fiscal year) complying with applicable law, the Declaration and applicable By- Laws and submit such statements and budget promptly to the Association. 3.10 Maintain appropriate records of all insurance coverage carried by the Association. 3.11 Accept applications and references from all prospective Unit purchasers and facilitate transfers and leases of Units. This shall not apply to any Units owned by the Developer or any Institutional First Mortgagee. 3.12 At least once per month, prepare and file the necessary forms for employment insurance, withholding and social security taxes and all other taxes and other forms relating to employment of the Association's employees and maintenance and operation of the Condominium required by federal, state or municipal authorities. 3.13 . Prepare and send all letters, reports and notices as may be reasonably requested by the Board of Directors of the Association, and attend all meetings of Directors and Unit Owners and prepare and file minutes thereof. 3.14 Cause all required insurance to be carried and maintained in full force and effect and make appropriate adjustments with the insurance companies and cause all of said insurance proceeds to be promptly paid when due. 3.15 At least once per month, deposit all funds collected from unit Owners and others for operating expenses into a bank account established by the Manager as custodian for the Association so that said funds may be withdrawn therefrom to pay all expenses of operation and maintenance of the Condominium as contemplated herein. 3.16 At least once per month, deposit all funds collected from unit Owners and others for reserves into a separate bank account established by the Manager as custodian for the Association so that said funds may be withdrawn therefrom 'only by appropriate officers of the Association to pay all expenses of reserves of the Condominium as contemplated herein. 3.17 Generally, do all things deemed reasonably necessary or desirable by the AssociatioORIG AL RECHVED APR 0 2 2007 PLA114NI G DEPARTMENT CITY OF CLEARWATER, to assist the Association in attending to the proper maintenance operation and management of the Condominium Property as required by the Declaration, the Articles ofIncorporatibn and By -Laws of the Association, applicable Rules and Regulations, this Agreement and all other agreements, declarations, documents and instruments affecting the Condominium Property or the Unit Owners. 4. Deposits. All funds collected by the Manager for the account of the association shall be deposited in a bank, the.deposits of which are insured by an agency of the United States or in such other manner as the Association shall direct. Such account will be styled so as to indicate the custodial nature thereof and the funds therein will not be commingled with other funds collected by the Manager as agents for others or otherwise. The Manager shall not be liable for any loss resulting from the insolvency of such depository. 5. Agency. All actions taken by the Manager with respect to management and maintenance under the provisions ofthis Agreement shall be taken as agent for the Association, and all obligations or expenses incurred in the performance of the Manager's duties and obligations shall be for the account, on behalf, in assistance and at the expense of the Association, The Manager shall not be obligated to make any advances to or for the account of the Association or to pay any sum, except out of funds held or provided by the Association or by its members or occupants ofUnits, nor shall the Manager be obligated to incur any liability or obligation on behalf of the Association without assurance that the necessary funds for the discharge thereof will be provided. Since the Manager will be acting at all times for and on behalf of the Association, it is understood and'agreed that the public liability insurance carried and maintained by the Association shall be extended to and shall cover the Manager, its agents and employees, as well as the Association, all at the expense of the Association. The Association agrees to indemnify and hold the Manager harmless from any and all liabilities for any injury, damage or accident to any member of the Association, a guest, lessee or invitee of any such member, or to any third person, and for any damage to property, arising out of or in the course of the performance of its duties hereunder. 6. Cost Reimbursement. All of the foregoing management services provided to the Association shall be rendered on a basis of "actual cost" and the Association shall pay or reimburse the Manager for all costs which may be incurred by the Manager in providing services, materials and supplies to the Association, except that the Manager shall not be entitled to reimbursement for salaries of officers of the Manager and general office overhead of the Manager, as said items are actually included within the fee hereinafter provided to be paid to the Manager. 7. Manager's Undertaking. The Manager, by the execution ofthis Agreement, assumes and undertakes to perform, carry out and administer all management, operational and maintenance responsibilities imposed upon the Association as set forth in the Declaration and as herein provided, such assumption of obligations is limited, however, to operation, management and maintenance as agent, and does not require the Manager to pay any of the costs and expenses which are the obligation of the Association, except as specified in this Agreement by the Manager. 8. Cancellation. In the event that the Association defaults by failing to make the payments required to be made hereunder, or by continuing to violate any law, ordinance or statute after notice from the appropriate governmental authority, and after having failed to commence to resist or test such ordinance or statute by appropriate legal action, or for any other reason, then, after giving thirty (30) days' written notice of Manger's intent to cancel, unless the default is cured within such 30 -day period, or, in the case of a default requiring more than 30 days to cure, unless reasonable steps have been taken to cure such default and such cure is diligently pursued thereafter, the Manager shall have the right, upon the giving of fifteen (15) days additional notice, to cancel this Agreement, and this Agreement will thereupon be canceled, effective on a date (specified in such 15 -day notice) not less than fifteen (15) days after the giving of such notice. Anything to the contrary herein notwithstanding, this Agreement may be canceled on 120 days' notice by Manager with or without cause, but because of the need to maintain uniform standards of maintenance throughout the Project, this Agreement is not cancelable by the Association, except (i) for failure of Manager to perform its obligations hereunder and then only aftertheAssociation has given Manager 30 days' written notice of such default and a reasonable opportunity to cure such default (which shall be no less than sixty (60) days, but may be more if such cure requires additional time to effect), and (ii) asset forth in the following sentence, if applicable. This Agreement may also be canceled in the ORIGINAL REI'VED APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATEP' 0 • manner provided in the applicable provisions of the Florida Condominium Act, Florida Statutes, Section 718.302. 9. Compensation. In addition to all actual costs which the Association shall pay the Manager for its services above set forth, and as for an annual fee for the specified services to be performed hereunder, the Association hereby agrees to pay the Manager, monthly in advance, a sum of money equal to and 00 /100 Dollars ($ ^� per Unit per month, payable in equal monthly installments during each fiscal year of this Agreement, commencing on the first day of the month in which the closing of the first Unit occurs. Such fee shall be prorated on a daily basis for any partial year during the term hereof. 10. Payment. All actual costs incurred by the Manager for the Association shall be paid monthly on or before the first day of each month, or reimbursed to the Manager at such time or at the time incurred. Payment of fees and compensation to the Manager shall be due in advance, on the first day of each and every month during the term hereof. 11. Designation. The Association shall designate a single individual who shall be authorized to deal with the Manager on any matter relating to this Agreement. In the absence ofany such designation, the President ofthe Association shall have this authority. 12. Termination. Upon the effective date of any termination or cancellation, the Association shall not be obligated for any additional fees to the Manager, and the Manager shall turn over and make available to the Association all properties and funds of every kind and character in the possession of the Manager which relate to the Condominium of the performance of the Manager's duties hereunder. 13. Notices. All notices required hereunder shall be in writing and shall be effective when deposited in the United States mail, with proper - postage for ordinary mail prepaid, and . addressed: If to the Association: DOCKSIDE CONDOMINIUM ASSOCIATION CLEARWATER BEACH, INC. 445 Hamden Drive Clearwater Beach, FL 33767 If to the Manager: or to such other address as either party shall, from time to time, designate for itself, in writing, to the other party, provided that notice of any change of address shall not be effective until received. 14. Independent Contractor. Unless specifically provided to the contrary herein, the Manager, its employees and agents, shall be deemed to be independent contractors and not employees of the Association. The Manager shall be free to contract for similar services to be performed for other entities while it is under contract with the Association. 15. Affiliation. The Manager is not a subsidiary or affiliate of the Developer. 16. Liability of Manage ..Notwithstanding the foregoing: 16.1 The Manager shall not, under any circumstances, be liable under or by reason ORIGNAL RE EVER APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEAWATER of this Agreement, either directly or indirectly, for any accident, injury, breakage or damage of any machinery or appliance not attributable to the action or inaction of the Manager or of any of its employees, agents or servants; nor shall it be held responsible or liable for any loss, damage, detention or delay in furnishing materials or failure to perform its duties as hereinabove provided when such is caused by fire, flood, strike, acts of civil or military authorities, or by insurrection or riot, or by any other cause which is unavoidable or beyond the control of the Manager or of any of its employees, agents or servants. 16:2 The assumption of liabilities and duties by the Manager hereunder shall be subject to the following exceptions: Under the terms of the Agreement, Manager has agreed to enter into contracts for water service, sewer service and electric service as is available by the governing municipality. It is specifically understood and agreed that the Manager shall only be liable to contract for said services with the appropriate firms or authorities and to apply for such services as provided from the funds available hereunder. Nevertheless, Manager shall not be liable for actually furnishing said services or for any interruption in the furnishing or such services. 16.3 In the event the Association elects to secure legal counsel itself, rather than have the Manager secure such counsel, for the enforcement of any lien placed on a unit or in the event the Association elects to itself arrange for the performance of any of the Manager's duties hereunder, the Association shall be deemed to have automatically released the Manager from such duty or duties and all contractual obligations and potential liabilities with respect thereto, 17. Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe day and year first above written. ASSOCIATION: DOCKSIDE CONDOMINIUM ASSOCIATION CLEARWATER BEACH, INC. Lo Authorized Agent MANAGER: LE Its HALaw Office Fdes\KenArsetmult\Page\DOCKSIDE \CONDO DRAFTS M"AGEMENT AGRdoe ORIGINAL RECEIVED Ai R 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWVATER 1 • • OWNERSHIP AFFIDAVIT STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned officer, this day personally appeared Kenneth G. Arsenault, Jr., who being by me first duly sworn, deposes and states as follows: 11. That Affiant .is the attorney for FULVIO DIVELLO AS TRUSTEE OF THE DIVELLO LAND TRUST DATED AUGUST 10, 2004 ( "Developer'). 2. That Developer Is the developer of DOCKSIDE, a Condominium located and situate in Clearwater Beach, Pinellas County, Florida. 3. That Developer has submitted, with this Affidavit, to the State of Florida, Department of Business and Professional Regulation, Division of Florida Land Sales, Condominiums, and Mobile Homes, a filing for the above described condominium. 4. That Developer has an ownership interest in the real property comprising the above described proposed condominium. 5. That this Affidavit is made pursuant to Chapter 718 of the Florida Statutes. FURTHER AFFIANT SAYETH NOT. Kenneth "G. Arsenault Jr. 'Q The foregoing instrument was acknowledged before me this U day of March, 2007 by Kenneth G. Arsenault Jr., who is personally known to m . Notary Public -- State of Florida at rge My Commission Expires; OESOApWIt"R MY COtAN►1SS�Wr�uRlalyOU 40111 ORIGINAL RECENED AN 0 2 2007 PLgjNiNG, DEPARTMENT CITy OF CLEARWATER s PROSPECTUS FOR DOCKSIDE, A CONDOMINIUM • THIS PROSPECTUS CONTAINS IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES, ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES MATERIALS. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. DEFER TO THIS PROSPECTUS AND ITS EXHIBITS FOR CORRECT REPRESENTATIONS. ORIGINAL REVVED APR 0 2 2007 PLmNmG, i ipm'[MEN CITY OF CLEARWAT P • i IMPORTANT MATTERS UNITS IN THIS CONDOMINIUM WILL BE CREATED AND SOLD IN FEE SIMPLE INTERESTS. RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT OF UNIT OWNERS OR THE CONDOMINIUM ASSOCIATION. For further information see the subsection hereof entitled 'Expansion of Recreational Facilities ", page 2. THE UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE. For further information, see the subsection hereof entitled. "Leasing of Developer - Owned Units" and Section 17.2 of the Declaration of Condominium attached hereto as Exhibit "A ". THERE WILL BE A CONTRACT FOR THE MANAGEMENT OF THE CONDOMINIUM PROPERTY. For further information, see the subsection hereof entitled "Management of the Condominium and Common Areas" and the form of Management Contract attached hereto as Exhibit 'D ". THE DEVELOPER HAS THE RIGHT TO RETAIN CONTROL OF THE CONDOMINIUM ASSOCIATION AFTER A MAJORITY OF THE UNITS HAVE BEEN SOLD. For further information with respect to the Condominium Association, see Section 718.301, Florida Statutes and Section 4.16 of the By -Laws of the Condominium Association, a copy of which By- Laws is set forth as Exhibit 4 to the Declaration of Condominium attached hereto as Exhibit "A ". THE SALE, LEASE OR TRANSFER OF UNITS IS RESTRICTED OR CONTROLLED. For further information, see Section 17 of the Declaration, of Condominium attached hereto as Exhibit "A ". ORIGINAL RED APR 0 2 2007 2 CITY or M- ALPAO'a'Ti: Description of Condominium The name of the condominium; is DOCKSIDE, A CONDOMINIUM ( "the "Condominium "). The Condominium will be located at 445 Hamden Drive, Clearwater Beach, FL 33767. FULVIO DIVELLO AS TRUSTEE OF THE DIVELLO LAND TRUST DATED AUGUST 10, 2004, ('Developer "), is offering for sale the Units in the Condominium pursuant to this Prospectus. The Condominium contains 1 Residential Building having thirty one (31) Units. The approximate size (square footage) of each Unit and the number of bedrooms and bathrooms in each Unit in the Condominium is set forth on Schedule "A" attached hereto. The survey and plot plan can be found on Exhibit 2 of the Declaration of Condominium attached hereto as Exhibit "A" The Condominium will consist of the Units described herein and the Common Elements described in the Declaration of Condominium attached hereto as Exhibit "A ". The completion of construction, finishing and equipping of the Condominium was on or about December 22, 2006..A copy of the plot plan and survey are attached as Exhibit 2 to the Declaration. UNITS IN THE CONDOMINIUM WILL BE CREATED AND SOLD IN FEE SIMPLE INTERESTS. Timeshare estates will not.be created or sold. The Developer holds fee simple title to the land on which the condominium is located. Expansion of Recreational Facilities RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT OF UNIT OWNERS OR THE CONDOMINIUM ASSOCIATION. Although Developer has no present intention of doing so, Developer reserves the right at any time to relocate or expand any of the above - described recreational facilities (to the extent it is otherwise entitled to do so) and to include such other facilities, as Developer deems appropriate. The consent ofthe Unit Owners or the Condominium Association shall not be required for any such construction or exclusion. No.party is obligated,, however, to so expand the facilities or to provide additional facilities. If relocated, the facilities shall be substantially the same as planned on the date hereof. See Section 9.3 of the Declaration. The Developer will be responsible for development ofthe Common Areas and the recreation facilities to be located thereon. For further information, see the discussion above, and the Declaration, Section 9.3. Recreational Facilities which are constructed - None The following facilities are constructed adjacent to the Condominium project and subject to receipt ofapplicable indicia of ownership or lease may be for the use ofthe Condominium Association and Owners of Units in the project and are intended to be used exclusively by Owners of Units in the Condominium and the family members, guests, tenants and invitees of such persons. The Developer has constructed Boat Docking Facilities upon the submerged land lying adjacent to the condominium. Such facilities are not currently apart ofthe Condominium but maybe conveyed to the Association at a later date solely in the discretion of the Developer. Alternatively the Developer may obtain a submerged land lease from the State of Florida. There are no assurances the boat docking facilities will ever be apart of the Condominium or Association property. Such slips maybe assigned by the Developer to Unit Owners for an additional fee. There is no assurance such boat slips will be assigned or that the Developer has any right to assign the same. ORBG RE WE APR 0 2 2007 PLAINNiNG DEPARTMENT (CRY QE CLEARWUATM The Developer will reserve to itself and its successors and assigns easements over the common area of the condominium for the following purposes: (i) access to the adjacent submerged land, (ii) installation and maintenance of utility services for the boat slips, (iii) installation, maintenance of the boat slip facilities and (iv) staging area and contractor parking. Recreational Facilities which may be constructed —None. Developer will expend at least $100.00 to acquire various items of personal property. for such facilities (to be selected in the sole discretion of Developer). The maximum number of residential dwelling units in the Condominium Project that will be entitled to use the above - described facilities is 31. Identification of other Facilities to be used by Unit Owners that will not be owned by the Unit Owners or the Association — There is a swimming pool located on adjacent property which is approximately 45' long and 20' wide with depts. From 3' to 6'. The pool is not heated and has a capacity of 28,297 gallons. Unit Owners shall be entitled to use the pool pursuant to a Shared Facilities Agreement, a copy of which is attached hereto as Exhibit "Ii". The Shared Facilities Agreement, a copy of which is attached hereto as Exhibit "H", also provides that the Owners and guests of the property adjacent to the south boundary ofthe Condominium will have a right of ingress and egress over a portion of the ground floor of the Condominium and an exclusive right to approximately 25 parking spaces. Under the terms of the Shared Facilities Agreement, the Association shall be responsible for the cost and expense maintaining the entire parking area including the parking area which is to be exclusively by the Owner of the property adjacent to the south boundary. The Owner of the property upon which the pool is located which will be used by the Unit Owners will be maintained solely by the Owner of the property located adjacent to the south boundary. Limited Common Elements In addition to the Common Elements described in this Prospectus and in the Declaration, there will be Limited Common Elements, the use of which is reserved to a certain Unit or Units to the exclusion ofother Units and shall be appurtenant to such Units. The Limited Common Elements will consist of balconies shown on Exhibit "2" to the Declaration and assigned parking spaces, if any, which will be assigned to Unit Owners by the Developer. These Limited Common Elements shall be the maintenance responsibility of the Association. Boat slips may be assigned by the Developer for a separate fee as a limited common element to a Unit Owner's unit.. The common expense of maintaining the boat dock shall be borne by all the persons who have been assigned a boat slip or dock. See Sections 33(f) and 7.1 of the Declaration of Condominium. Leasing of Developer -Owned Units THE UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE. See Section 17 of the Declaration of Condominium. Developer has no present intention of engaging in a program of renting or leasing unsold Units, but Developer reserves the right to do so depending upon market conditions and upon such terms, as Developer shall approve. In the event any Unit is sold prior to the expiration of the term of a lease, title to such Unit (or Units) will be conveyed subject to the lease (or leases) and purchasers will succeed to the interests of the applicable lessor. If any Unit is sold subject to a lease, a copy of the executed lease will be attached to the Agreement for Sale in accordance with the terms of Florida Statutes, Section 718.503 (1) (a) (4). Since this is a conversion of an existing hotel /motel building, all Units have been previously occupied. Developer will also advise a prospective purchaser, in writing, of such prior occupancy prior to the time that the purchaser is requested to execute an Agreement for Sale, if then required by law. Management of the Condominium and Common Elements ORIGINAL PECITW -D " ? -22007 PLANNING Di:l'ARWENI C1TV OV Cl_�AMAWI_r THERE WILL BE A CONTRACT FOR THE MANAGEMENT OF THE CONDOMINIUM PROPERTY. The Condominium Association may elect to manage the Condominium through its officers and employees, or Developer may provide for outside management. If a Management Contract is entered into, it is anticipated that it will be in substantially the same form of Management Contract as attached hereto as Exhibit "D ". The Manager trust be duly licensed by the State of Florida and may be an affiliate of Developer. Pursuant to the Management Contract, the Manager will be retained as exclusive manager of the Condominium. If entered into, the term of the Management Contract shall commence on the date of the Contract (which will approximately coincide with the recording of the Declaration of Condominium) and end one (1) year after control of the Association is turned over to Unit Owners other than Developer, unless sooner terminated for causes specified in the Contract. The general duties of the Manager which are to be performed on behalf of, and in some cases as agent for, the Association will include, but not be limited to, collecting Assessments, maintaining the Common Elements and Limited Common Elements, and in some cases, entering into agreements on behalf of the Association, preparing an annual budget for the Association, maintaining Association records, employment of personnel and taking such other action as is reasonably necessary to fulfill the Association's obligation under the Declaration of Condominium, Articles of Incorporation and By -Laws ofthe Association and applicable law with respect to the maintenance, operation and management of the Condominium Property. Compensation provided for the management services is estimated to be approximately $645.83 per month and $7,750.00 annually, for the Condominium, commencing on the date of the first sale of a Unit in the Condominium. This compensation for management cannot be increased during the initial term of the management agreement. Contracts to be Assianed by Develoner There are currently no maintenance or service contracts having a non - cancellable term in excess of one year. The Association and Manager are empowered, however, at any time and from time to time, to enter into such maintenance and/or service contracts for valuable consideration and upon such terms and conditions as the Board of Directors shall approve without the consent of Unit Owners. If entered into, such maintenance and /or service contracts may be subject to cancellation by the Association and by Unit Owners directly in accordance with Section 718.302, Florida Statutes. Transfer_of Control of the Association. DEVELOPER HAS THE RIGHT TO RETAIN CONTROL OF THE CONDOMINIUM ASSOCIATION AFTER A MAJORITY OF THE UNITS HAVE BEEN SOLD. With respect to the CondominiumAssociation, see Section 718.301, Florida Statutes, and the By -Laws, Section 4.16, a copy of which By -Laws is set forth as Exhibit "4" to the Declaration of Condominium. The Directors of the Condominium Association designated by Developer will be replaced by Directors elected by Unit Owners other than Developer in accordance with the applicable provisions of the Florida Condominium Act, Section 718.301, Florida Statutes, and Section 4.16 of the By- Laws. Restrictions on Use of Units and Common Elements and Alienability. Units may be used only as single - family residences and for no other purpose. See Section 16 of the Declaration of Condominium. Children are permitted to reside in the Units, but are restricted in certain activities. See the Rules and Regulations attached to the By -Laws (Exhibit "4" to the Declaration of Condominium) as Schedule "A" thereto. ORIGINAL RECtIV M' APR 0 2 2007 PLANirfiw, DEPARTMENT CITY OF CLEARWATFP i No Owner (regardless of the number of joint owners) of a Unit shall keep more than one(]) pet in any Unit or within the Common Elements weighing not more than thirty (30) pounds. See the provisions of Section 16.3 of the Declaration. A Unit Owner or occupant shall not commit or permit any nuisance, nor any hazardous or illegal act, in his Unit or on the Common Elements, Limited Common Elements, or permit or suffer anything to be done or to be kept in his Unit or Limited Common Elements which will increase the insurance rates on the Common Elements or which will obstruct or interfere with the rights of other Owners or annoy them by unreasonable noises or otherwise. See Section 16 ofthe Declaration and the Rules and Regulations set forth as Schedule A to the By -Laws. A Unit Owner or occupant shall not make or cause any alteration to the Building, Limited or Common Elements, nor do any act that will impair the structural soundness of the Building, without first obtaining the prior written consent of the Board ofDirectors, provided, however, that hurricane shutters may be installed by Unit Owners as long as such shutters are installed inside of the unit windows and doors or as otherwise previously approved by the Board of Directors of the Condominium Association. See Sections 9.1, 9.2 and 16 of the Declaration. Commercial and certain other types of vehicles., except those _providing services to the Condominium, may not be kept within the Condominium Property. See Section 16.9 of the Declaration. Parking spaces which are designated as "handicapped parking" are reserved for the exclusive use of handicapped residents or handicapped guests. For these and other restrictions upon the use of Units, Common Elements and Limited Common. Elements, reference should be made to all Exhibits contained in this Prospectus (particularly Sections 9 and 16 of the Declaration and the Rules and Regulations attached to the By- Laws as Schedule A) in addition to the specific references noted. THE SALE, LEASE, OR TRANSFER OF UNITS I5 RESTRICTED OR CONTROLLED. See Section 17 of the Declaration. Leasing of Units is permitted, provided that every lease, be it oral or written, shall be deemed to require that the lessee thereof be governed by and comply with the provisions of the Declaration and Exhibits thereto, and provided that the term of any such lease must be for a period of not less than that allowed by applicable laws. As of the date of this Prospectus applicable law requires a thirty (30) day minimum rental period. The Developer has applied to the City of Clearwater to reduce the minimum rental period to seven (7) days. No assurance is given that the applicable rental period will be reduced by the City of Clearwater. Other restrictions on leasing are set forth in Section 17.2 of the Declaration. Conveyance ofUnits by parties other than Developer or Institutional Mortgagees will not be valid unless an estoppel certificate from the Association, stating that all Assessments on the subject Unit have been paid to date, is recorded therewith. Such estoppel certificate shall be issued upon receipt by the Association of an estoppel certificate request form setting forth the name, notice and address and closing date of the proposed purchaser of the subj ect Unit. The purchaser may not take occupancy of the Unit until a copy of his deed to the Unit has been delivered to the Association. Disclosure of condition of building pursuant to Section 718.616, Florida Statutes The condominium to be created will constitute a conversion of existing and previously occupied improvements. The Developer has retained Thomas Devening, P.E. to prepare a report on the condition of the building and estimated replacement costs. A copy of such report is attached to this Prospectus as Exhibit "E ". The Conversion Inspection Report discloses the condition of the _folloxwng ca mpnWats: roof,.structure,Arepronfi ng and-fire protertion systems, elevataus,- heating and cooling systems, plumbing, electrical systems, swimming pool, seawall, pavement and parking ppa �� p 6 yONIGGICNA` L APR 02 2007 PLANNING DEPART MENT CI C Y,OF CLEAPwATF'p areas and drainage systems. The Conversion Inspection Report also discloses the age of each component, the estimated remaining useful life of each component, the estimated current replacement cost of each component, expressed as a total amount and as a per unit amount, based upon each Unit's proportional share of the common expenses, and the structural soundness of each component. The Conversion Inspection Report (the "Report') performed by Thomas Devening, P.E. discloses no adverse significant items and notes that the roof, plumbing, electrical, sprinkler system and other important building components were substantially renewed in 2006. There are no express warranties unless they are stated in writing by the Developer. Developer shall not provide converter reserves pursuant to 718.618, Florida Statutes. Rather, Developer shall provide A /C, roof and plumbing warranties as well as warranty of fitness and merchantability for the purposes or uses intended, as to the roof and structural components of the improvements; as to fireproofing and fire protection systems; and as to mechanical, electrical, and plumbing elements servingthe improvements; except mechanical elements serving only one unit as set forth in 718.618(6), Florida Statutes. The reserve schedule for capital expenditures is a part ofthe Budget which is Exhibit `B" to this Prospectus. A copy of an inspection report by a certified pest control operator is attached to this Prospectus as Exhibit "F ". The termite inspection report discloses no termite infestation. The City of Clearwater Beach, Florida has been notified of the conversion and has acknowledged compliance with applicable zoning requirements as determined by the municipality. A copy of an agreement with the City of Clearwater Beach, Florida is attached to this Prospectus as Exhibit "G ". Parking The Parking Spaces located on the Common Elements will be available to Unit Owners and others, and will be assigned by the Developer (or the Condominium Association) on the basis ofat least one (1) space per Unit. Such space assignments shall be in accordance with the provisions of the Declaration. Additionally, at least two (2) parking spaces may be reserved forthe exclusive use of handicapped persons and shall be so designated. Utilities and Certain Services Utilities and certain other services will be furnished as follows: Electricity ....l ........ . Telephone .............. Water/Reclaimed Water... . Sanitary Sewage .......... Trash Collection .......... Cable Television .......... Storm Drainage............ Natural Gas ............... Progress Energy Verizon City of Clearwater City of Clearwater City of Clearwater Bright House Networks On Site TECO Peoples Gas (Electric, Water, telephone, sanitary sewer and cable television depending upon the terms upon which such service is made available to Unit Owners, may be billed to individual Units as separately incurred Unit Owner expenses in addition to the billing of Common Expenses). Trash collection will be a common expense of the Association. Apportionment of Common Expenses and Ownership of the Common Elements The Owner(s) of each Unit will own an undivided interest in the Common Elements of the Condominium and Common Surplus of the Association and shall be obligated for their respective shares of the Common Expenses. Generally speaking, the Common Elements consist of all parts of the Condominium Property not included in the Units. The Common Expenses include all expenses 7 ORIGINAL RECHWED t ,044 0 2 2007 PLANNING DEPARYM NT CITY OF CLEARWATER and assessments properly incurred by the, Association forthe Condominium, which are to be shared by the Unit. Owners. Each Unit's fractional interest in the Common Elements and Common Surplus and fractional share of the Common Expenses will be based on a fraction of 1/31. Closing Expenses; The Purchase Agreement At the time of closing of title, the Purchaser will pay the premium for the owner's title insurance policy for the Unit and all other actual closing costs, which will include, without limitation, cost of recording the warranty deed, documentary stamps on the deed, and the purchaser's costs of financing, if any. At the time of closing title, the purchaser will also make a contribution to the Developer's Reimbursement Start-Up Fund in an amount equal to two (2) times the monthly assessment amount in effect on the date ofclosing for the Condominium Association (which is not to be credited against regular assessments). These contributions are for initial costs incurred by Developer for the Condominium and /or the Common Elements. See paragraph 7 ofthe Purchase Agreement attached as Exhibit "C" to this Prospectus. Expenses relating to the purchaser's Unit (for example, taxes and governmental assessments and current maintenance assessments of the Condominium and Association) will be apportioned between Developer and the Purchaser as of closing. If Developer permits a closing to be rescheduled from the originally scheduled closing date at the request of a purchaser, such purchaser shall pay to Developer interest atthe rate often percent (10 %). per annum on the total purchase price of the Unit from the originally designated date of closing to and including the date of closing as subsequently determined by Developer. In addition, all closing prorations shall be made as of the originally scheduled closing date. Developer is not obligated to consent to any such delay. Any purchasers obtaining a mortgage also will pay any prepaid interest due, fees and other charges to the lender at closing and, if required, an amount to be determined by the lender to establish an escrow for payment of real estate taxes and other charges relating to the Unit and any private mortgage insurance premiums, if applicable. Sales Commissions Developer will pay the sales commissions, if any, of the on- premises sales agents employed by Developer in connection with the sale of the Units. Identitv of Developer The officer of the Developer directing the conversion and sale of DOCKSIDE, A CONDOMINIUM, is Fulvio Di Vello as Trustee of the Divello Land Trust and has held this position since February, 2001. The Developer has no experience in developing condominiums. Nothing contained in this Section, or in any other provision of this Prospectus, or the attached Exhibits, or in any brochure or advertisement of the Condominium, is, intended, nor shall same be construed, as creating any duty, liability, or obligation ofFulvio DiVello, individually or as Trustee or its affiliated companies with respect to any transaction between Fulvio Di Vello, Trustee and any Purchaser, Unit Owner or Condominium Association. The information provided above as to Mr. Di Vello is given solely for the purpose of complying with Section 718.504(23), Florida Statutes, and is not intended to create or suggest any personal liability on the part of Mr. DiVello. Estimated Operating Budgets, Guarantee Period Attached hereto as Exhibit "B" is the Estimated Operating Budget for the Condominium Association and has it been prepared with the aid of the Developer. Developer believes that the Budget is reliable-, however, reference should be made to the Notes to the Budget in reading and understanding the assumptions used in preparing the Budget. Further, because actual expenditures may-differ .fFom - estimated - expenditures -and .because- of.possible changes -in the buture.expenses_of the Offered Condominium, the Budget is not intended nor should it be considered as a ORIGINAL RECFRFD Aj°R 02 2007 PLANNiNG, DEPARTMENT C17Y AE CEEAPWATp • • representation, guarantee or warranty of any kind whatsoever including, without limitation, that the actual expenses for any period of operation may not vary from the amount estimated, that the Association will not incur additional expenses or thatthe Association will not provide for additional reserves or other sums not reflected in the proposed Budget. (This disclaimer language with respect to the accuracy of the Budget in no way affects the "Guaranty for Common Expenses" discussed herein below). Section 718.112(2)(f)2 of the Act requires that the Budget include a reserve account for capital expenditures and deferred maintenance for roof replacement, building painting and pavement resurfacing and for any other item for which the deferred maintenance expense or replacement cost exceeds Ten Thousand Dollars ($10,000.00) unless a majority of the members of the Association present (in person or by limited proxy) vote at a duly called meeting of the Association or act by written agreement in lieu of a meeting, to provide no reserves or reserves less adequate than required by the Act. The estimated full amount of such reserves is described in the Notes to the Budget (Exhibit B to this Prospectus). Developer intends to vote the votes of its Condominium Units for the funding of certain reserves for each of the first two fiscal years, as permitted by Section 718.112(2xf)2 of the Act, and, provided such votes cant', collection will be made for these reserves during that time. The Budget attached hereto as Exhibit `B" lists the reserves to be funded. Developer recognizes that by reason of difficulties normally encountered in initially setting up the management and operation of a new development, it is useful to provide some form of guarantee of assessments for initial operations. Developer shall pay the portion of the Common Expenses of the Association not generated by assessment of Condominium Units other than Developer ( "Guarantee for Common Expenses"). The beginning date of the guarantee shall be the date the Declaration is recorded and the expiration of the guarantee period (`Guarantee Period for Common Expenses' is earlier of the (i) turnover of the Association control to non - Developer Unit Owners or (ii) the last day ofthe calendar year the recording of the Declaration of Condominium but in no event shall such guarantee period exceed two years from the date of recording the Declaration of Condominium. The amount of each Condominium Unit's guarantee for common expenses is $494.59 per Unit per month. The Declaration of Condominium is Exhibit "A" to this Prospectus. Developer reserves the right to extend the Guarantee Period for Common Expenses for up to two (2) years from the date of recording of the Declaration. The Guarantee Period for Common Expenses or any extension thereof shall terminate on the date of the Turnover in the event the Turnover occurs prior to the end of the Guaranty Period or any extension thereof. Developer's election to extend the Guarantee Period for Common Expenses shall be specified in the Budget adopted by the Association for the period of the Guarantee extension. Because the Condominium Association is an ongoing entity, the purchaser is advised that the budget of, and assessments payable to, such association may increase (based upon actual operating expenses and projections thereof). This Budget is an estimate of the operating costs of the Condominium and actual costs are subject to market fluctuations and will be determined at the time of recordation of the Declaration of Condominium. Easements Located or to be Located on the Condominium Pro In addition to the various easements to be provided for in the Declaration of Condominium attached hereto as Exhibit "A ", the Condominium Property may be made subject to the easements in favor of various public or private utilities. Any easement in favor of a public or private utility or similar company or authority may be granted by Developer or the Association on a "blanket" basis or by use of a specific legal description. See the Section hereof entitled "Utilities and Certain Services" for the names of the suppliers of certain utilities to the Condominium. The Developer will reserve to itself and its successors and assigns easements for access to adjacent submerged lands upon a portion of the common area along the boundary of the parking lots and along the seawall for purposes of using, installing and maintaining docks, boat slips and utility services necessary or desirable for the development and operation of a boat slip condominium or other form of marina development or ownership. There is a parking easement in favor of the owner of the real property located south of the south boundary of the Condominiums. The property locatedto the south is currently operated as a (ORIGINAL RECENED APP 0 2 2007 PLANNING uEt ARI'IViENT CITY OF CLEARIA!ATer hotel /motel. No fee is charged for the. use of such parking easement. The parking easement area is depicted on Exhibit' 2" to the Declarati on. For more details, refer to the Declaration of Condominium. General Under the laws ofthe State ofFlorida, Developer is required to provide the following notice to its purchasers: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.. Additional information regarding radon and radon testing may be obtained .from your county public health unit. At this time, Developer does not conduct radon testing with respect to Units being sold by it. Further, Developer disclaims any and all representations and warranties as to the absence of radon gas or radon gas producing conditions in connection with the Unit or the Condominium generally. Definitions The definitions set. forth in the Declaration of Condominium shall be applicable to this Prospectus, unless otherwise specifically stated herein or unless the context would prohibit. The foregoing is not intended to present a complete summary.of all of the provisions of the various documents referred to herein, but does contain a fair summary of certain provisions of said documents. Effective Date This Prospectus is effective March 8, 2007. ORIGINAL REINED APR 021007 PLANNING DEPARTMENT CITY OF CLEARWATEP • H:\l,aw Office Ftks\Km Assenault\Page\DOCKSIDE \CONDO DRAFrSTROSPECTUS.2- 28 -07doc • ORIGINAL RECEIVED 11 OR 0 2 2007 PLANNING u< E ARTMENI CIl° OF CLEARWATER DOCKSIDE, A CONDOMINIUM PURCHASE AGREEMENT ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER, FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE. THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE BUYER, AND RECEIPT BY BUYER OF ALL OF THE ITEMS REQUIRED TO BE DELIVERED TO HIM BY THE DEVELOPER UNDER SECTION 718,503, FLORIDA STATUTES. THIS AGREEMENT IS ALSO VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY ALTERS OR MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO THE BUYER. ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 DAYS AFTER THE BUYER HAS RECEIVED ALL OF THE ITEMS REQUIRED. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT CLOSING. ANY PAYMENT IN EXCESS OF TEN (10 %) PERCENT OF THE PURCHASE PRICE MADE TO DEVELOPER PRIOR TO CLOSING PURSUANT TO THIS CONTRACT MAY BE USED FOR CONSTRUCTION PURPOSES BY THE DEVELOPER. This purchase agreement is made and entered into by and between FULVIO DIVELLO AS TRUSTEE OF THE DIVELLO LAND TRUST DATED AUGUST 10, 2004. whose address is: 445 Hamden Drive, Clearwater Beach, FL 33767 ( "Developer ") and (Name(s) of Buyer) ( "Buyer" or "Buyer ") of (Address of Buyer) Number of Buyer) (Telephone y ) (Social Security No. of Buyer) (Email address of Buyer) RECITALS A. The Developer is selling Units in a Condominium known as DOCKSIDE, A CONDOMINIUM ( "CONDOMIIdIUM ") which is located at 445 Hamden Drive, ClearwaterBeach, FL 33767. B. Buyer desires to purchase a Condominium Unit in the above described condominium on the terms and conditions stated herein and subject to all of the terms and conditions of the Declaration, the Articles of Incorporation and By -Laws of the Association, and attached exhibits ( "Condominium Documents ") and Chapter 718 Florida Statutes (the "ACT "), as of June 1, 2006. C. All definitions contained in the Declaration are adopted herein and reference to any defined term herein is intended to have the meaning set forth in the Declaration. NOW THEREFORE, in consideration ofthe premises and the mutual covenants, warranties and promises contained herein, the receipt and adequacy of which are acknowledged by both the ORIGINAL b.. PR 0 2 2007 PEAiVNNG DEPARTMENT CIV'V OF C[FAPIAhd =rl • • Developer and the Buyer, it is agreed as follows: TERMS 1. Agreement to Sell and Purchase. Subject to the terms and conditions of this Agreement and for the consideration set forth herein, the Developer agrees to sell and the Buyer agrees to purchase the following described property:' (a) Condominium Unit of DOCKSIDE, A CONDOMINIUM, at 445 Hamden Drive, Clearwater Beach, Florida 33767, according to the Declaration thereof, to be recorded in the Public Records of Pinellas County, Florida, together with all appurtenances thereto, including an undivided interest in the Common Elements of said CONDOMINIUM as set forth in said Declaration (the "Unit'). (b) The exclusive right to use a Parking Space (c) Other: Any furniture, window treatments, decorative items, special painting and wallpaper, upgraded or optional floor coverings, appliances, or any other features or items used for sales promotional purposes in model units, or displayed in brochures, are not included in the price unless specifically identified as such. Refer to Developer's list of standard features included in. the base price made available in the sales office. 2. Purchase Price. The Total Purchase Price of the Property is $ and has been determined as follows: (a) Purchase Price of Unit ............. $ (b) Change Orders ................... $ (c) TOTAL PURCHASE PRICE ....... $. 3. Method of Payment of Total Purchase Price, The Total Purchase Price of the Property shall be paid as follows: (a) Deposit paid herewith or prior to this date ........................ $ (b) Additional deposit due (c) Additional deposit due (d) (e) $ $ (f) Cash or cashier's check drawn on local funds at closing (subject to adjustments and prorations) .......... $ (g) TOTAL PURCHASE PRICE ........ All deposits shall be held in escrow and disbursed by TITLE AGENCY OF FLORIDA, INC. ( "Escrow Agent ") in accordance with the applicable terms and conditions of this Purchase Agreement and the EscrowAgreement appended to the Declaration of Condominium. The Escrow Agent shall give the Buyer a receipt for any and all such deposits upon request. The mailing address of the Escrow Agent is 19535 Gulf Blvd., Suite C, Indian Shores, FL 33785. Any notice of claim by the Buyer should be sent to the Escrow Agent at the foregoing address. Any interest earned on the deposit shall be delivered to Developer. At closing, Buyer will receive credit for any and all deposits made hereunder. OkIGINAL RE ED A PR 0 2 2001 PLANNING DEPARTMENT CITY OF CLEARWATER • 0 4. Conveyance. Title to the Unit shall be marketable and insurable and conveyed by Warranty Deed free and clear of all encumbrances and matters except: (1) Covenants, restrictions, reservations, easements and limitations of record. (2) Terms and conditions of the Declaration of Condominium together with all Exhibits thereto, as may be amended from time to time and recorded or to be recorded in the Public Records of Pinellas County, Florida. (3) Taxes for the year in which this transaction is closed and subsequent years. (4) Any mortgage executed by Buyer which encumbers the Unit. (5) Liens for work done or material furnished at the request of Buyer. (6) Applicable zoning ordinances and regulations. (7) Discrepancies or conflicts in boundary lines or shortages in area or encroachments which a correct survey or inspection of the Unit and /or the CONDOMNIUM would disclose. (8) The standard printed exceptions contained in the ALTA Form "B" owner's policy, except as are not applicable under Florida Law. (9) Liens for public improvements. (10) Standard exceptions for waterfront property and for artificially filled -in land in what were formerly navigable waters. 5. Proof of Title and Objection to Title. An ALTA Form "B" owner's commitment issued by TITLE AGENCY OF FLORIDA, INC, or other reputable title insurance company in an amount equal to the Total Purchase Price (exclusive of closing costs) shall be delivered to the Buyer at the time of closing. ' The tender by the Developer to the Buyer of said commitment subject only to the exceptions set forth in this Agreement shall be proof that title to the property is good, marketable and insurable. An owner's title insurance policy will be issued by said title insurer and delivered to the Buyer subsequent to the closing and recording of all the documents in accordance with the terms of said commitment. If the Developer is unable to deliver said owner's title insurance policy as a result of defects in title, the Developer shall be afforded 120 days within which to cure any objections or defects in title. If the Developer does not timely cure such objections or defects, the Buyer may accept title in its then existing condition without any reduction in the purchase price; or the Buyer may terminate this Agreement and be entitled to the return of all sums paid by the Buyer in accordance with this Agreement upon tender of a duly executed quit -claim deed and any other instruments required to reconvey the Property from the Buyer, in the event the deed from the Developer to the Buyer has previously been recorded. Upon the return of said sums, the Developer shall be released and relieved of any and all further liability to the Buyer, and this Agreement shall become null and void and of no force and effect. All closing prorations shall be made as of the originally scheduled closing date. 6. Closing of Transaction. (a) This transaction shall be closed at Developer's office or other location designated by Developer on a date ten (10) days after written notice by Developer to Buyer. At closing, the Buyer shall pay the cash due at closing and execute and deliver all instruments required to close this transaction. Should the Buyer fail to do all acts and execute all.instruments necessary to close this transaction on the designated closing date, the Developer may declare this Agreement to be in default and proceed in accordance with paragraph 9 below, or, as its option, designate a new closing date in which event the Buyer shall pay to the Developer interest at the rate often percent (10 %) per annum on the Total Purchase Price of the Unit from the originally designated date of closing to and including the date of closing as subsequently determined by the Developer. Although the estimated date of completion is set forth in the Condominium Documents, Buyer may be required to close before or after such date in accordance with the provisions of this paragraph. (b) The Buyer shall pay the following expenses at or before closing: (1) The current monthly Assessments, of the Condominium Association, prorated from the date of closing to the first day of the next succeeding assessment. (2) Contribution to the Developer's Reimbursement Start-Up Fund in the amount of $989.18. This contribution is for initial costs incurred by the Developer for the Condominium, and /or the respective Common Elements and Common Areas. No funds which are receivable from Unit Purchasers or Unit Owners and payable to the Association including capital contributions oORIGINAL REMAD APOR 0 2 2007 PCAl�llg"G DEPARTMENT CITY OF CLEARWATER start up funds collected from Purchasers at Closing may be used for payment of common expenses during any period in which the Developer is excused from payment of assessment on account of the Developer's guarantee as provided in Section 12.9 of the Declaration. (3) The costs of officially recording the deed and the documentary stamps on same. (4) The cost of the owner's title insurance policy issued in accordance with Paragraph 5 above. (c) Taxes shall be prorated as of the day of closing. Real Estate tax bills shall be paid by Buyer upon receipt of such bills. If taxes for the year of Closing are assessed on the Condominium as a whole, BUYER shall pay Developer, at Closing, the Unit's allocable share of those taxes (as estimated by Developer and subject to reproration when the actual tax bill is available) for the Unit from the date of Closing through the end of the applicable calendar year of Closing. If taxes for the year of Closing are assessed on a unit -by -unit basis, Buyer and Developer shall prorate taxes as of the Closing Date based upon the actual tax bill, if available, or an estimate by Developer, if not available, with Buyer responsible for pay the full amount of the tax bill and .Developer reimbursing Buyer for Developer's prorated share of those taxes. Buyer agrees that any proration based on an estimate of the current year's taxes shall be subject to reproration upon request of either party. This last stated provision shall survive Closing of this Agreement. Buyer should not rely on the Developer's current property taxes as the amount of property taxes that the Buyer may be obligated to pay in the year subsequent to Closing. A change of ownership improvements triggers reassessments of the property that could result in higher property taxes. If you have any questions concerning valuation, contact the County Property Appraiser's Office for information. (d) Certified liens for public improvements, if any, shall be paid by Developer. (e) Pending liens for public improvements, if any, shall be assumed by the Buyer. (Developer has no knowledge of any pending liens for public improvements). (f) Developer agrees to substantially complete construction of the Unit by a date no later than two (2) years from the date Buyer signs this Agreement, subject to delays caused by Acts of God, unavailability of materials, strikes, labor problems, governmental orders, modifications to this Agreement by Buyer, change orders or other events which render performance impossible for reasons beyond Developer's control. (g) Inspection Prior to Closing. Buyer will be given an opportunity prior to closing, on the date and at the time scheduled by Developer, to inspect the Unit with Developer's representative. At that time, Buyer will sign an inspection statement listing any defects in workmanship or materials (only within the boundaries of the Unit, itself) which Buyer discovers. If any item listed is actually defective in workmanship. or materials in Developer's opinion (keeping in mind the construction standards applicable in Pinellas County, Florida for similar property), Developer will be obligated to correct those defects at its cost within a reasonable period of time after closing, but Developer's obligation to correct will not be grounds for deferring the closing, nor for imposing any condition on closing. No escrows or holdbacks of closing funds Will be permitted. If Buyer fails to take advantage of the right to a pre- closing inspection on the date and time scheduled, Developer will not be obligated to reschedule an inspection prior to closing and Buyer shall be deemed to have accepted the Unit in its AS -IS condition. Buyer acknowledges that all matters pertaining to the initial construction of the Unit will be handled by Developer and Developer's representatives. Buyer agrees not to interfere with or interrupt any workmen at the site of the Unit. No personal inspections (other than the one pre - closing inspection) will be permitted. Buyer may not order any work on the Unit, other than prepaid options or extras that Developer agrees'in writing to provide, until after closing. Buyer recognizes that Developer is not obligated to agree to provide extras or options. Buyer may examine Developer's Plans and Specifications at Developer's sales office, located on site during regular business hours by making an appointment to do so in advance. (5) RESPA DISCLOSURE. As required by the Real Estate Settlement Procedures Act of 1974. Buyer acknowledges that Developer has not directly or indirectly required Buyer, as a ORIGINAL of sale, to purchase either a fee owner's or mortgagees' title insurance policy from any OR 02 2007 PW4146fiC, DEPAWMENT CITY QE CLEARWATER 0 0 particular title company, Buyer may elect to obtain such insurance from a company of Buyer's choice and Buyer shall pay at Closing the title insurance premium for such policy. 7. Obligations of the Developer and the Buyer. (a) This Agreement is not assignable by the Buyer without the prior written consent of the Developer which consent may be withheld in Developer's sole discretion and if approved, conditioned upon payment to the Developer of the sum of $500.00 as a transfer fee as reimbursement in part for expenses and time in considering the assignment request. Any such request must be received in the Developer's office at least fifteen (15) days prior to the closing date. Developer will pay only those closing costs based on the original purchase price contained in this Agreement. If this Agreement should be assigned for a greater purchase price, the Assignee will be responsible for payment of any increased closing costs resulting from the increased purchase price. Buyer by execution hereof acknowledges that in order to preserve the Developer's good will and marketing program for which Developer has expended substantial time and money, Buyer shall not: (i) list the unit for sale in the Multiple Listing Service or otherwise except upon the prior written consent of Developer, which consent may be withheld in Developer's sole discretion, or (ii) grant or attempt to grant rights to any third party to enter the Unit or the Condominium property. (b) The acceptance by Buyer of the Warranty Deed ( "DEED ") to the Unit from the Developer together with other instruments of conveyance, if any, shall be deemed full performance on the part of the Developer of all the Developer's agreements, obligations and representations asset forth herein, except as to matters or things reduced to a specific written obligation in said Deed and in other closing documents. (c) The Buyer covenants and agrees to abide by and comply with all of the terms, provisions and conditions ofthis Agreement, the Declaration and all Exhibits thereto, and any Rules and Regulations promulgated from time to time by the Association which covenants and agreements shall survive the delivery of the Deed. (d) As long as there are any unsold residential units within the Condominium, Developer, its designees, successors and assigns can keep offices and model apartments within the Condominium Property. Developer's salespeople can show these Units, erect advertising signs and do whatever else is necessary in Developer's opinion to help sell or lease Units within the Condominium or develop and manage the Condominium Property. (e) Buyer understands that the Estimated Operating Budget contained in the Condominium Documents provide only estimates of what it will cost to run the Association during the period of time stated in the Budget. Assessments for common expenses are guaranteed by Developer in the amount of $494.59 per month per Unit for that period of time commencing with the date of recording the Declaration of Condominium and ending on the date which is earlier of the (i) turnover of the Association control to non = Developer Unit Owners or (ii) the last day ofthe calendar year the recording of the Declaration of Condominium but in no event shall such guarantee period exceed two years from the date of recording the Declaration of Condominium. Developer is obligated to pay any amount of common expenses incurred during such period that is not produced by the assessments at the guaranteed level receivable from other Unit Owners. Therefore, the Developer is excused from the payment of assessments on the Units owned by the Developer pursuant to Section 718.116, Florida Statutes during the guaranty period. (f) Buyer also represents that Buyer is purchasing the Unit for the personal use of Buyer and Buyer's family members and guests only, to hold for anindefinite time, and with no expectation of investment potential or deriving any profit or tax advantage therefrom whether through income, appreciation or otherwise and with no expectation that Buyer will receive any assistance from the Developer in the rental of accommodations or the resale of the Buyer's Unit. Buyer understands and acknowledges that Developer, in its sole and arbitrary discretion, may limit sales of Units in the Condominium to one per Buyer. 8. Default By Developer. If Developer defaults under this Agreement, Buyer will give RECEIVED AD R 02 2007 PL41ii( iNG T kPARTMENr CITY OF CcLE'ApWATEI? Developer ten (10) days' notice of it and if Developer has not cured the default within such period, Buyer will have such remedies as may be available under applicable law. 9. Default By Buyer. If the Buyer fails to perform any of the covenants and obligations made by Buyer, or any of the terms and provisions of this Agreement required by Buyer to be performed, or fails to execute and deliver any instrument required by the Developer or otherwise fails to comply with any of the requirements on the part of the Buyer to be performed hereunder, then the Developer may declare this agreement terminated and retain all monies paid hereunder as liquidated and agreed upon damages since the amount of actual damages is incapable of ascertainment. This provision has been specifically agreed upon by the parties because a default on the part of the Buyer would have serious adverse financial effects on the Developer, as a result of increased costs, expenses and fees having been incurred by the developer and by its having lost the opportunity to sell the Property to other prospective Buyers; or in the alternative, in Developer's sole discretion, Developer may sue Buyer for specific performance of this Agreement. 10. Energy Performance Standards. Pursuant to Section 553.9085 and 553.998, Florida Statutes the Buyer may request that the Seller cause a State Certified Energy Rater to perform an energy efficiency rating on the Unit (if said Unit is to be constructed). The Buyer hereby releases the Seller from any responsibility or liability for the accuracy or level of rating and the Buyer. understands and agrees that this Agreement is not contingent upon the Buyer approving the rating, that the rating is solely for the Buyers own information and that the Buyer will pay the total cost of obtaining the rating. A copy of the Florida Building Energy - Efficiency Rating System brochure prepared by the Florida Department of Community Affairs in accordance with Section 563.996, Florida Statutes, may be obtained from the Seller upon request. THE BUYERACKNOWLEDGES THAT BUYER HAS THE RIGHT TO RECEIVE A COPY OF THE ENERGY - EFFICIENCY RATING BROCHURE DISTRIBUTED BY THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND STATES THAT THE BUYER WAIVES THE OPPORTUNITY TO OBTAIN AN EFFICIENCY RATING ON THE UNIT. The Seller is providing this disclosure statement in compliance with Section 553.9085 and 553.996, Florida Statutes. This Disclosure Statement is intended for the sole and exclusive use of the Buyer for the transaction contemplated herein only and the Seller shall not be liable or responsible to any third.party who has relied upon the information contained herein. The Buyer acknowledges that it has a right to receive the above - referenced brochure and understands the disclosure statement as aforesaid as of the time of execution of this Agreement. 11. Further Assurances. The Developer and Buyer will, whenever and as often as they shall be requested to do so by the other, execute, acknowledge and deliver or cause to be executed, acknowledged and delivered any and all conveyances, assignments and all such further instruments and documents as may be necessary in order to complete all conveyances, transfers and sales herein provided and to do any and all other acts and to execute, acknowledge and deliver any and all other documents so requested or as are necessary in order to carry out the intent and purposes of this Agreement. 12. Entire Agreement. This Agreement contains the entire agreement between the parties hereto. No promise, representation, warranty or covenant not included in this Agreement has been or is relied on by either party. No modification or amendment to this Agreement shall be of any force or effect unless in writing and executed by the Buyer and by the Developer. If more than one person signs this Agreement as Buyer, each will be equally liable for full performance of all Buyer's duties and obligations under it and Developer can enforce it against either as individuals or together. 13. Binding Effect. This Agreement and the terms and provisions hereof shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. 14. Time of Essence. Time shall be of the essence of this Agreement. Florida law shall control the provisions hereof. Business days shall mean all days except Saturdays and Sundays and federal holidays. 15. Risk of Loss. If the improvements are damaged by fire or other casualty before delivery of the Warranty Deed and can be restored to substantially the same condition within a period of one hundred eighty (180) days thereafter, the Developer shall have the option to restore the��6�= improvements and the closing date hereunder shall be extended for a similar period, if necessary. If OR 02 2007 PW t fit, DEPARTMEW .CITY OF CLEAp.WAYER 0 0 the Developer fails to restore said damage within said one hundred eighty (180) days, then Buyer shall be entitled to receive the return of all deposits made hereunder, along with any interest accrued thereon, and all parties shall be released of any and all obligations and liabilities as a result of this Agreement. 16. Developer's Authorization. Buyer hereby authorizes Developer, as Developer deems necessary, to record among the Public Records of Pinellas County, Florida, such documents and instruments as are required to be filed under the laws of the State of Florida in order to create and maintain the CONDOMINIUM. 17. Waiver, No Recording. Developer's waiver of any of its rights or remedies (which can only occur if Developer waives any right or remedy in writing) will not waive any other of Developer's rights or remedies or prevent Developer from later enforcing all of Developer's rights and remedies under other circumstances. The Developer and the Buyer agree that neither this Agreement nor any short-form summary hereof shall be recorded unless both parties mutually agree, in writing, to the contrary. 18. Attorney's Fees. The prevailing party in any dispute with regard to this Agreement, whether or not any suit or other proceeding is brought, will be entitled from other party, payment of such prevailing party's attorneys' fees and costs incurred in connectionwith such dispute (including any fees and costs associated with any suit or proceeding through and including all appellate levels). 19. Disclaimer and Waiver of Warranties. All implied warranties of fitness for a particular purpose, merchantability and habitability, as well as all warranties imposed by statute (except only those imposed by the Florida Condominium Act to the extent they cannot be disclaimed) and all other implied warranties of any kind or character are specifically disclaimed by the Developer and waived by the Buyer. 20. Right of Developer to Rescind. Notwithstanding the foregoing or any other contrary provision of this Agreement, Developer shall have the right to cancel this Agreement and cause Buyer's deposits to be refunded in the event that (a) Developer does.not enter into binding contracts to sell at least sixty percent (60 %) of the units in the Condominium or (b) Acts of God or other events which tender performance impossible for reasons beyond Developer's control. Developer must, however, notify Buyer of such termination within Two Hundred Seventy (270) days from the date on which the first Buyer of a unit in the Condominium executes a binding purchase agreement for such unit, otherwise Developer will be required to proceed to perform its obligations under this Agreement. In the event of Developer's tecnunation of this Agreement pursuant to this paragraph, upon such termination and the return of Buyer's deposits, Developer and Buyer will be fully relieved and released from all obligations and liabilities under and in connection with this Agreement. Developer agrees to use its good efforts to meet the foregoing pre -sale requirement. 21. Miscellaneous. This Agreement maybe executed in any number of counterparts which together shall constitute the agreement of the parties. The effective date of this Agreement is the date of execution by the Developer indicated below or the date of execution of the latest addendum or modification. The paragraph headings herein contained are for purposes of identification only and shall not be considered in construing this Agreement. Whenever used, the singular shall include the plural and the plural the singular and the use of any gender shall include all genders as appropriate. Any notices required under this Agreement shall be mailed to the appropriate party at the address shown prior to the recitals herein. If a provision contained in this Agreement is declared or held to be invalid or unenforceable by a court of competent jurisdiction; or arbitrator as provided herein, such declaration or holding shall be limited to its most narrow application and shall not affect the remaining provisions of this Agreement, all of which shall remain in full force and effect. 22. Radon Gas. RADON GAS IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM THE PINELLAS COUNTY PUBLIC HEALTH UNIT, PINELLAS COUNTY, FLORIDA. DEVELOPER HAS PERFORMED NO TESTS TO DETERMINE RADON LEVELS THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE, ORIG IAIy � 9PI R 02 200-1 PLA,1NMNG, DEPART MENT CITY OF CLEARWATEp 0 * 0 PRESENCE OF RADON GAS BUYER UNDERSTANDS AND AGREES THAT THE PREVENTION OF RADON GAS ACCUMULATION IN THE UNIT IS THE EXCLUSIVE RESPONSIBILITY OF BUYER. BUYER HEREBY WAIVES ALL CLAIMS AND CAUSES 23. Energy. Efficiency Rating. Florida law gives Buyer the right to have the energy - efficiency rating determined for the property. If Buyer wishes to have the property rated, Buyer must arrange to have the energy efficiency rating determined at Buyer's expense. [Buyer acknowledges that Buyer ( ) has ( X ) has not received a copy of the energy efficiency rating . information brochure prepared by the Florida Department of Community Affairs.] 24. Survival. The provisions and disclaimers in this Agreement which are intended to have effect after closing will survive closing and delivery of the deed. 25. Subordination. The rights and interests of Buyer in the Property and the Contract are hereby unconditionally subordinated to the lien and operation of any mortgage granted by Developer which encumbers the Property as security for any loan made to Developer and any other loan documents executed by Developer in connection with such mortgage (collectively the "Mortgage "), whether previously or subsequently made (including any mortgage securing-any loan to wholly or partially refinance the obligations secured by the Mortgage), and all advances now or hereafter made on the security thereof (whether optional or obligatory and without limitation as to the amount), and all other amounts now or hereafter secured by the Mortgage. The subordination contained in this paragraph is unconditional and shall not be affected by (a) any modification or amendment to, assignment of, or substitution of a new mortgage for the Mortgage (whether or not considered a novation), (b) any release or partial release of the Mortgage or any portion of the property encumbered thereby, (c) any extensions, waivers or indulgences with respect to the Mortgage or the obligations secured thereby, or (d) any other circumstances whatsoever. This subordination shall be automatically effective without the need for execution of any additional documents by Buyer provided, however, Buyer will execute and deliver a document in recordable form setting forth the subordination contained herein upon the reasonable request of either Developer or the holder of the Mortgage. Notwithstanding the foregoing, the holder of the Mortgage will have no right or interest in Buyer's deposit, except to the extent that such holder may have the right to assume and fulfill Developer's obligations pursuant to the Contract. 26. Escrow Funds. The Developer may withdraw escrow funds in excess often percent (10 %) of the purchase from the special account required by subsection (2) of Florida Section 718.202 when the construction of improvements have begun. The Developer may use the funds in the actual construction and development ofthe condominium property in which the unit to be sold is located. However, no part of these funds may be used for salaries, commissions; or expenses of sales persons or for advertising purposes. 27. Warranties. Developer has not elected to fund converter reserve accounts in accordance with Section 718.618, Florida Statutes. Therefore the Developer make the warranties contained in Section 718.618(6), Florida Statutes. 28. Mold Disclaimer. Given the climate and humid conditions in Florida, molds, mildew, spores, fungi and /or other toxins may exist and /or develop within the Unit and /or about the Condominium Property. Buyer is hereby advised that certain molds, mildew, spores, fungi and /or other toxins may be, or if allowed to remain for a sufficient period may become toxic and potentially pose a health risk. By executing and delivering this Agreement and closing, Buyer shall be deemed to have assumed the risks associated with molds, mildew, spores, fungi and/or other toxins and to have released the Developer from any and all liability resulting from same, including, without limitation, any liability for incidental or consequential damages (which may result from, without limitation, the inability to possess the Unit, inconvenience, moving costs, hotel costs, storage costs, loss of time, lost wages, lost opportunities and /or personal injury). Without limiting the generality of the foregoing, leaks, leaving exterior doors or windows open, wet flooring and moisture will contribute to the growth of mold, mildew, fungus or spores. Buyer understands and agrees that Developer is not responsible, and hereby disclaims any responsibility for any illness or allergic reactions which may be experienced by Buyer, it family members and /or its or their guests, tenants MGM invitees as a result of mold, mildew, fungus or spores. It is the Buyer's responsibility to keep RENEE` 2 2007 6IN i ' l44 1t rs s� the Unit clean, dry, well - ventilated and free of contamination. This paragraph will survive (continue to be effective after) closing. 29. Prior Occupancy. The Unit X has (or has not) been previously occupied and is complete and X is ready for occupancy (or is not) ready for occupancy. 30. Condominium Documents. Acknowledges receipt of copies of those instruments and documents listed on Exhibit "A" attached hereto and by this reference made a part hereof, the floor plans of the Condominium Unit, and all other documents required to be furnished by Florida Statutes, 718 (the "Condominium Documents "). Buyer agrees that occupancy ofthe Unit shall at all times be subject to the provisions of the Condominium Documents. Seller has delivered to Buyer a full set of the Condominium Documents, and Buyer shall execute'a receipt in the form of Exhibit "A" therefore Seller reserves the right, in its sole discretion, to amend any of the Condominium Documents, provided that a copy of such amendment is furnished to Buyer. Notwithstanding anything to the contrary contained herein, upon recordation of the Condominium Documents, Seller shall only have the right to amend the Condominium Documents in accordance with Florida Statutes, Chapter 718. Seller shall make available to Buyer, for Buyer's inspection at Seller's place of business, which is convenient to the site, a copy of the complete Seller's Plans and Specifications for the construction of the Unit and the common elements appurtenant to the Unit. If this Agreement is cancelled for any reason, Buyerwill return to Seller all of Condominium Documents delivered to Buyer in the same condition received, reasonable wear and tear excepted, or Buyer shall pay to Seller $100.00 if Buyer fails to return same to Seller. IN WITNESS WflEREOF, the parties have duly executed this Agreement on the date set forth below. FLORIDA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME. SIXTY DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE THE CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND MAKE AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR ORANY SUBCONTRACTOR, SUPPLIERS, ORDESIGN PROFESSIONALS. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER FLORIDA LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT. ANY PAYMENT IN EXCESS OF 10 PERCENT OF THE PURCHASE PRICE MADE TO DEVELOPER PRIOR TO CLOSING PURSUANT TO THIS CONTRACT MAY BE USED FOR CONSTRUCTION PURPOSES BY THE DEVELOPER Signed, sealed and delivered in the presence of BUYER: Witness as to Buyer BUYER Witness as to Buyer BUYER Date ofExecution: ORIGINAL RECUVED APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER DEVELOPER: FULVIO DIVELLO AS TRUSTEE OF THE DIVELLO LAND TRUST DATED AUGUST 10, 2004 By: Witness as to Developer Fulvio DiVello, Trustee Witness as to Developer Date of Execution: HALaw Office Files\Ken Aiserault\Page\oOCKSIDMCONDO DRA MPUR.AGREEMENT -doc io ORIGINAL RE KD APR 0 2 2007 PLANNiNG DEFARdMEI7 CITY OF CLEARWATER RECEIPT FOR CONDOMINIUM DOCUMENTS The undersigned acknowledges that the documents checked below have been received or, as to plans and specifications, made available for - inspection. Name of Condominium Address of Condominium DOCKSIDE, A CONDOMINIUM 445 Hamden Drive Cleanuater.Beach, .Fl 33757 Place a check in the column by each document received or, for the plans and specifications, made available for inspection. If an item does not apply, place "N/A" in the column. Prospectus Text Declaration of Condominium Articles of Incorporation By -Laws Estimated Operating Budget Form -of- Agreement -for Sale -or -Lease Rules and Regulation Covenants and Restrictions Ground Lease .Management and.Maintenance Gontracts.for More Than One Year Renewable Management Contracts Lease of Recreational and Other Facilities tole l l .ExckWvelyhyUnit Owners-of Subject Condominiums Form of Unit Lease if a Leasehold Declaration of Servitude Sales Brochures Phase Development Description Lease of Recreational and Other Facilities to be Used by unit owners with other condos Description of Management for Single Management of Multiple Condominiums Conversion Inspection Report .Conversion Termite. Inspection.Report Plot Plan Floor Plan Survey of Land and Graphic Description of.lmprovements Executed Escrow Agreement Plans and Specifications Alternative Media Disclosure Statement Frequentty.Asked Questions and.AnswerSheet Evidence of Developer's Interest in Land Pamphlet "Protect Your Family from Lead In Your Home" A Guide -to.Purchase.A .Condominium Condominium Living In Florida Shared Facilities Agreement DOCUMENT RECEIVED Made Available X DOCUMENTS RECEIVED: BY ALTERNATIVE MEDIA: N/A N/A N/A NIA NIA N/A -NM N/A .NIA N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A .NIA N/A /CA W(i)NAL OR MADE AVAILABLE BY ALTERNATIVE MEDIA REIVED To PR 0 2 2007 PLANNNG DEPARTMENT CITY OF Cp EARL ATER THE PURCHASE AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO- CANCEL - WITHIN 16 -DAYS AFTER TME- DATE- OF- EX-SCUTION -OF T-HE WIRCHASEAr*REEMENT -BY THE- BUX-ER AND RECEIPT BY THE BUYER OF ALL THE DOCUMENTS REQUIRED TO BE DELIVERED TO HIM BY THE DEVELOPER. THE AGREEMENT IS ALSO VOIDABLE BY THE BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTIONTO CANCEL WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY ALTERS OR - MODIFIES THE - OFFERING -IN A - MANNER T44AT 4S ADVERSE TO T.HE -BUYER. ANY -PURPORTED WAIVER OF TMSE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 16 DAYS AFTER THE BUYER HAS RECEIVED ALL OF THE DOCUMENTS REQUIRED. BUYER'S RIGHT TO VOID THE PURCHASE AGREEMENT SHALL TERMINATE AT CLOSING. • N HALaw Office Files \Ken Arsenault \Page\DOCKSIDE \CONDO DRAFTS\RECEIPT.doc ORIGINAL RECD .APR 022007 PJANNiNG, DEPKI I MEN'E CIW OF CLFARWATE • Phase I consists of one (1) building (Building B) Tvpe Unit Type A - 2 Bedroom, 2 Bath, 1,434 Square Feet Unit Type B --2 Bedrooms, 2 Baths, 1,080 Square Feet Unit Type B* —2 Bedrooms, .2 Baths, 1,170 Square Feet Unit Type C* - 3 Bedrooms, 2 Baths, 1,397 Square Feet Unit Type C — 3 Bedrooms,.2 Baths, 1,375 Square feat Unit Type 13-1 Bedroom, 1 Bath, 616 Square Feet Unit Type E —3 Bedrooms, 2 Baths, 1,337 Square Feet Unit Type E* - 3 Bedrooms; 2 Baths, •1,401 Square Feat Unit Type F — 3 Bedrooms, 2 Baths, 1,828 Square Feet Unit Type G — 2 Bedrooms, 2 Baths, 2,255 Square Feet Unit Type H — 3 Bedrooms, 2 Baths, 2,009 Square Fact Unit Type J —1 Bedroom,1 Bath, 870 Square Feet Unit Type K —2 Bedrooms, 2 Baths, 2,332 Square Feet Unit Type L — 2 Bedrooms, 2 Baths, 1,153 Square Feat Unit Type V - 2 Bedrooms, 2 Be", 1,133 Square Feet 0 Number 4 B 1 1 4 4 1• 7, 7 1 1 1 1 7 C)'Rt(GINAL RED` D' N 0 2 2001 P CjW ® � LEARWA ERA • • Prepared By and Return to: Kenneth G. Arsenault, Jr., Esq. Arsenault law Group, PA. 10225 Ulmeiton Rd., Suite 2 Largo, FL 33771 SHARED FACILITIES AGREEMENT THIS AGREEMENT made this day of , 2007, by and between DOCKSIDE CONDOMINIUM ASSOCIATION CLEARWATER BEACH, INC., a Florida corporation (hereinafter re&Tred to as "Condominium ") and FULVIO DIVELLO AS TRUSTEE OF THE DIVELLO LAND TRUST DATED AUGUST 10, 2004, (hereinafter referred to as " TYustee" ), their successors and assigns: . WITNESSETH WHEREAS, Condominium is the Association of a.31 Unit Condominium project located on the real property described on Exhibit "A" attached hereto, ( the "Condominium Property"); and WHEREAS, Trustee is the developer of a hotel/motel built on real property :immediately to the South ofthe Condominium Property, which land is more fully described on Exhibit "B" attached hereto (the "Trustee Property "); and WHEREAS, Condominium desires to declare, grant, create, reserve and impose a non- exclusive perpetual right, privilege and easement for parking in, over and upon the parking area located on the Condominium Property which is graphically depicted on Exhibit "C" attached hereto and within the property described in Exhibit "A" attached hereto for and in the use and benefit ofthe owners of units in the condominium developed by Trustee upon the property described on Exhibit "B ", and their members, guests and invitees; and WHEREAS, Trustee desires to declare, grant, create, reserve and impose a non - exclusive perpetual right, privilege and easement for ingress and egress and use in, over and upon the swimming pool and deck area together with access thereto as such may exist, from time to time, within the Trustee Property for the use and benefit of the owners in the Condominium Property, and their guests and invitees; and WHEREAS, the parties hereto desire that the rights, privileges, easements and covenants established by this Agreement shall be covenants rimming with the land andshaR inure to the benefit of and be binding upon the parties hereto, their successors, assigns and members. NOW, THEREFORE, in consideration of Ten and no /100 Dollars ($10.00), the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, Condominium and Trustee, their successors and assigns, intending to be legally bound hereby, agree as follows. The foregoing recitals are true and correct and an integral parC of this Agreement. 2. Trustee establishes, declares, grants, creates, reserves, and imposes a non - exclusive right, privilege and easement in, over and'uponthe walkways located on the TrustmProperlgforthe- specific purpose of providing access to, and the right to use in common with all ofthe owners, guests and invitees ofthe hotel /motel the swimming pool facilities located on the Trustee Property, for and in the use and benefit of the unit owners of the Condominium Property and their respective tenants, guests and invitees. The expense of maintaining the swimming pool shall be solely that ofthe owner of the Trustee Property. 3. Trustee, its successors and assigns, shall be charged with the duty and obligation of managing, insuring, maintaining, operating and repairing (including all necessary replacements or capital improvements) the walkways and swimming pool facilities which are the subject of this Agreement. ORIGINAL RE pwE APR 02 2007 PLANf iNG DEPARTMB CITE' OF CEEARWATER 4. Unit owners in the Condominium Property, its members, tenants, guests and invitees, successors and assigns, shall have the right to use the swimming pool located onthe Trustee Property for any and all purposes not inconsistent with the full enjoyment of the rights, privileges and easements established and granted herein, subject to the reasonable rules and regulations regarding the use ofthe swimming facilities applicable equally to the Unit Owners ofthe Trustee Property and the Condominium Property. 5. Condominium, for itself, its heirs, successors, assigns and purchasers, hereby declares, grants, creates, reserves and imposes a non- exclusive perpetual right, privilege and easement for parking in over upon the parking spaces located on the Condominium Property graphically depicted on Exhibit "17" attached hereto for the use and benefit of the unit owners in the Trustee Property, their successors, assigns, guests and invitees. . 6. Notwithstanding anything to the contrary contained herein, the rights, privileges and easements hereby established and granted shall be subject to any reasonable restrictions, rules or regulations and restrictions which restrictions, rules and regulations shall be applied on a uniform basis to all owners of either property. 7. Each owner in any part of either property described herein shall be liable fnr the expenses of all maintenance, repair or replacement of any nature whatsoever to the parking, roadways, sidewalks or recreational facilities or other facilities which are the subject of this Agreement rendered necessary by such owner's negligence or careless act or by the negligence or, careless act of any person under the control of such owner. 8. In the event of a failure by any of the parties hereto to comply with the terms of this Agreement, the aggrieved party shall be entitled to reliefwhich shall include, but not be limited to, an action to recover money damages, injunctive relief, any other relief provided for in this Agreement, or any combination thereof, and any other relief afforded by a court of competent jurisdiction. 9. The failure of any party hereto to enforce any right, provision, privilege; covenant, condition or easement set forth in this Agreement shall not constitute a waiver of the .right of such party to enforce such right provision, privilege, covenant, condition or easement in the future. All rights, remedies and privileges arising pursuant to this Agreement shall be cumulative, and the exercise of any one or more thereof shall not be deemed to be an election of remedies, nor shall it preclude the party exercising same from exercising any other right, remedy or privilege arising pursuant to this Agreement or at law or in equity. 10. The rights, privileges, easements, covenants, provisions and conditions contained in this Agreement are hereby declared to be severable and a finding by any court of competent jurisdiction that any of them or any clause, phrase or term hereof is void, unlawfiil or unenforceable shall not affect the validity or enforceability of any other right, privilege, easement, covenant, provision, clause, phrase or term hereof. 11. The rights, privileges and easements hereby established shall be appurtenant to and shall pass with the title to each unit owner of either property. 12. Notwithstanding anything to the contrary contained herein, no person or entity whatsoever shall have the right, power or authority to modify, move or terminate the rights, privileges, easements, covenants, provisions or conditions of this Agreement, in whole or in part, except in the form of an instrument joined in and executed by three- fourths of both the owners ofthe Condominium Property and the Trustee Property, such instrument to be executed and acknowledged in the manner required by law for the execution and acknowledgement of deeds and recorded in the Public Records of Pinellas County, Florida. 13. The non - exclusive, perpetual rights, privileges and easements created herein shall constitute covenants running with the land and shalt be binding upmr and inure-to the-bene£t ofthe, parties hereto and their respective successors and assigns. . 14. All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any applicable laws, specifically including, but not limited ORIGINAL RED APR 02 2007 PLANNING DERARTMCNI CITY OF CLEARWATEp i 0 to, Chapter 718, Florida Statutes, and rules and regulations promulgated pursuant thereto, and all rights, powers and remedies contained herein are intended to be limited to the extent necessary so that they will not render this Agreement invalid or unenforceable. 15. Inthe event of any controversy, claims or disputes between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys' fees and costs. 16. Nothing contained herein shall be deemed to require the owner of the Trustee Property to continuouslyoperatesuclrswimmingpoolfacilities: The -ownerofthe-Trustee•Property may from time to time and for a reasonable period of time discontinue operation of the existing swimming pool facilities fnr purposes of repair and replacement, provided however no such discontinuance of operations of a swimming pool on the Trustee property shall terminate the rights of Condominium hereunder. iN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and date first above written. Signed, Sealed and Delivered in the Presence of STATE OF FLORIDA COUNTY OF PINELLAS DOCKSIDE CONDOMINIUM ASSOCIATION CLEARWATER BEACH,` INC., a Florida non -profit corporation By: President FULVIO DIVELLO AS TRUSTEE OF THE DIVELLO LAND TRUST DATED AUGUST 10, 2004 By: Fulvio Divello, Trustee Before me, the undersigned, personally appeared . as President of Dockside Condominium Association ClearwaterBeaeh, Inc., aFloridanon-profit corporation who is personally known to me or who has produced as identification. WITNESS my hand and official seal, this STATE OF FLORIDA COUNTY OF PINELLAS day of , 2007. Notary Public My Commission Expires: [SEAL] Before me, the undersigned, personally appeared Fulvio DiVello, as Trustee of the DiVello Land Trust Dated August 10, 2004 who is personally known to me or who has produced _ as identification. WITNESS my hand and official seal, this day of , 2007. Notary Public My Commission Expires: ORIGINAL [SEAL] RELIVED HALow Ofto F11"to AwnouUlP pTOCKSOMCONO0 DRAFMhured %cilkl a Ag=McnWoo ( APR o 2 2007 PLANNING DEPAt21PVIEN7 Cliff OF CLEARWATER 1�)L,ExN S-r ATJB STJT$ VF-- •TNG, ]UN-4a PROFESSIONAL SURVEYORS AND MAPPERS 8016 OLD COUNTY ROAD No. 54 NEW PORT RICHEY, FLORIDA 34653 OFFICE; 727 - 934 -8140 FA%I 727 - 834 -8150 SKETCH AND LEGAL DESCRIPTION: EXHIBIT LEGAL DESCRIPTION; A PARCEL OF LAND LYING IN SECTION .B. TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS= A PORTION OF LOTS 6, 7 AND 8 OF BAYSIDE SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 15 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 4, THENCE SOUTH 12'34'30" WEST; ALONG THE WEST LINE OF SAID LOTS 4, 5 AND 6. A DISTANCE OF 130.50 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 77' 29'30" EAST, A DISTANCE OF 23.00 FEET. THENCE SOUTH 12'30'30" WEST, A DISTANCE OF 5.00 FEET. THENCE SOUTH 771 29'30" EAST, A DISTANCE OF 62.00 FEET; THENCE SOUTH 12' 28'30" WEST, A DISTANCE OF 57.67 FEET; THENCE SOUTH 77'31'30" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 12,28,30" WEST, A DISTANCE OF 109.67 FEET; THENCE NORTH 77' 20'00" WEST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 12' 34'30" WEST, A DISTANCE OF 23.33 FEET: THENCE NORTH 77' 25'30" WEST, A DISTANCE OF 24.00 FEET; THENCE NORTH 12' 34130" EAST, A DISTANCE OF 23.33 FEET; THENCE NORTH 77125130" WEST, A DISTANCE OF 54.30 FEET; THENCE NORTH 120 34'30". EAST, A DISTANCE OF 16.67 FEET; THENCE NORTH 77' 25'30" WEST, A DISTANCE, OF 7.00 FEET; THENCE NORTH 12134'30" EAST, A DISTANCE OF 24.00 FEET; THENCE SOUTH 77' 25'30" EAST, A DISTANCE OF 7.00 FEET; THENCE NORTH 12' 34'30" EAST, A DISTANCE OF- 20.00 FEET; THENCE SOUTH 77' 25'30 EAST, A DISTANCE OF 35.26 FEET; THENCE NORTH 12'26'30 ". EAST, A DISTANCE 20.97 FEET; THENCE SOUTH 770 31-30" EAST, A DISTANCE OF 19.20 FEET; THENCE NORTH 12' 26130" EAST, A DISTANCE OF 61.45 FEET; THENCE NORTH 77' 29'30" WEST, A DISTANCE OF 62.32 FEET. THENCE NORTH 12' 34'30" EAST, A DISTANCE OF 29.12 FEET TO THE POINT OF BEGINNING. CONTAINING 11,751 SQUARE FEET, OR 0.2698 ACRES MORE OR LESS. NOTES: I. BEARINGS-AND DISTANCE SHOWN HEREON ARE BASED ON THE WEST LINE OF LOTS 4 -B, OF 9AYSIDE SUBDIVISION No. S. ACCORDING TO THE MAP OR PLAT THEREOF, HAVING A BEARING OF SOUTH 12'34'30' WEST. 2. NOT A ONLY A D WITHOUTSBOTHTSHEETS.TWE GRAPHIC DEPICTION AS 02/12/07 BRUCE A. KLEIN DATE - PROFESSIONAL SSURVEYOR AND DAPPER FLORIDA LICENSED No. PSM 5052 PHASE II- PARKING & ACCESS EASEMENT I JOB No. 060001.10I DATE: 02 /12/07 1 SHEET: 1 OF 2 SHEETS ORIGINAL RECEMI) APR 0 2 2007 PLANNING DEPARTIAE1, ;P CITY OF CLEARWATER • -- mi-ign -T III S'r.A,.T7B 5,TJRVP_Yl1*-TG, INC PROFESSIONAL SURVEYORS AND MAPPERS 8016 OLD COUNTY ROAD No. 54 NEW PORT RICHEY. FLORIDA 34653 OFFICE: 727 - 834 -914D FAX: 727 -834 -8150 SKETCH AND LEGAL DESCRIPTION: E HIBIT LEGAL DESCRIPTION. A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DECRIBED AS FOLLOWS: LOTS 9, 10 AND 11 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 AND THAT PORTION OF LAND LYING BETWEEN LOT 11 OF SAID COLUMBIA SUBDIVISION No. 5, AND LOT 1, BLOCK A OF BAYSIDE SUBDIVISION No. 4, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 38, PAGES 38 -39 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING FURTHER DESCRIBED AS FOLLOWS, (THE FOLLOWING BEING ONE IN THE SAME)., BEGINNING AT THE NORTHWEST CORNER OF LOT 9 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE ,MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 77° 25'30" EAST, ALONG THE NORTH LINE OF SAID LOT 9, A DISTANCE OF 120.00 FEET: THENCE SOUTH 12' 34'30" WEST, A DISTANCE OF 24.41 FEET: THENCE SOUTH 54° 25130" EAST, A DISTANCE OF 65.18 FEET TO THE WEST BOUNDARY OF SAID BAYSIDE SUBDIVISION NO. 4; THENCE SOUTH 12' 34'30" WEST, ALONG SAID WEST BOUNDARY, A DISTANCE OF 217.27 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF GULFVIEW BOULEVARD; THENCE NORTH 54° 2510" WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 195.54 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF HAMDEN DRIVE THENCE NORTH 12.34'30" EAST, ALONG SAID EASTERLY RIGHT -OF -WAY LINE A DISTANCE OF 190.16 FEET TO THE POINT OF BEGINNING. CONTAINING 38,965 SOUARE FEET, OR 0.8945 ACRES MORE OR LESS. NOTES: 1. BEARINGS AND DISTANCE SHOWN HEREON ARE BASED ON THE WEST LINE OF LOTS 4 -6. OF BAYSIDE SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF. HAVING A BEARING OF SOUTH 12'34'30" WEST. 2. THIS IS NOT A BOUNDARY SURVEY, BUT'ONLY A LEGAL DESCRIPTION OF THE GRAPHIC DEPICTION AS SHOWN ON SHEET 2 OF 2 AND IS NULL AND VOID WITHOUT BOTH SHEETS. BRUCE A. KLEIN DATE= PROFESSIONAL SSURVEYOR AND MAPPER FLORIDA LICENSED No. PSM 5052 PHASE it - BOUNDARY JOB No. 060001.8 DAtE 02/12/07 SHEET 1 OF 2 SHEETS (' WGINAL REWED APR 02 2007 PLANNING I)EPAR NiEN CITY OF CLEAPW,4TFp PROFESSIONAL SURVEYORS AND MAPPERS 8016 OLD COUNTY ROAD No. 54 NEW PORT RICHEY, FLORIDA 34653 OFFICE: 727 -834 -6140 FAX: 727- 834 -8150 SKETCH ANE LEGAL L DE CRIPTIC14: 0 .r',1' � L o r\ 3 t + F+11•SP � 5r r�L7r P.O.C. p N„ to 4 NORTHWEST CORNER OF LOT 4 BAYSIDE i SUBDIVISION N6.5 P.B. 31, PGS. 16 P.O.B. M W � Q N 1- 0 , <0 1 20.00' S77 N12° 34'30"t 5770 7.00' / 3E S77° 25'30 E 24.00' N120 34'3("'E 0 20. PHASE 11'' PARKING. . 7.00' N77� r. N77'25'30 W 2530„ r, 16.67' 54.30 W N12" 34'30 "E 23,33' N12' 34'30 "E N7 24.00. 25'301,w D. o Ln Lai n �4 U • / 1 / 1 h 20.00' S770 31'30 "E LEGEND: to Le _ FASURED BUSINESS Cl) IM1 Q P1.6. = PLAT BOOK �} PC PACE PLi o PROFESSIGNAL LICENSED LAND SURVEYOR P.O.B. POINT OF BEGINNING © P.D.C. = POINT OF COMMENCEMENT ] PSM = PRESSiONAL SURVEYOR AND MAPPER to 20.00' N77' 20'00 "W NOTES: 1. BEARINGS AND DISTANCE SHOWN HEREON ARE BASED ON `fHE WEST LINE OF LOTS 4 -8, OF BAYSIDE SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, HAVING A BEARING OF SOUTH 12 °34'30" WEST. 2, THIS IS NOT A BOUNDARY SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE LEGAL DESCRIPTION AS SHOWN ON SHEET 1 OF 2 AND IS NULL AND VOID WITHOUT BOTH SHEETS. PHASE R- PARKING ACCESS EASEMENT I JOB No. 060001.10 1 DATE: 02/12/071 SHEET- 2 OF 2 SHEE ORIGINAL RE wEr) APR 0 2 2007 PLANNING + RAR'liviEly I CITY OF CI.EApWATE s i 7 2z 3 t 37'W r. 0 20. PHASE 11'' PARKING. . 7.00' N77� r. N77'25'30 W 2530„ r, 16.67' 54.30 W N12" 34'30 "E 23,33' N12' 34'30 "E N7 24.00. 25'301,w D. o Ln Lai n �4 U • / 1 / 1 h 20.00' S770 31'30 "E LEGEND: to Le _ FASURED BUSINESS Cl) IM1 Q P1.6. = PLAT BOOK �} PC PACE PLi o PROFESSIGNAL LICENSED LAND SURVEYOR P.O.B. POINT OF BEGINNING © P.D.C. = POINT OF COMMENCEMENT ] PSM = PRESSiONAL SURVEYOR AND MAPPER to 20.00' N77' 20'00 "W NOTES: 1. BEARINGS AND DISTANCE SHOWN HEREON ARE BASED ON `fHE WEST LINE OF LOTS 4 -8, OF BAYSIDE SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, HAVING A BEARING OF SOUTH 12 °34'30" WEST. 2, THIS IS NOT A BOUNDARY SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE LEGAL DESCRIPTION AS SHOWN ON SHEET 1 OF 2 AND IS NULL AND VOID WITHOUT BOTH SHEETS. PHASE R- PARKING ACCESS EASEMENT I JOB No. 060001.10 1 DATE: 02/12/071 SHEET- 2 OF 2 SHEE ORIGINAL RE wEr) APR 0 2 2007 PLANNING + RAR'liviEly I CITY OF CI.EApWATE Florida Dent of Agriculture, & Caneamer Services 0 Division o Agriculmrs Environmental Services WOOD - DESTROYING ORGANISMS INSPECTION REPORT a asoa aseuea{0, , FI ""StattAae Te�hane �0( Illii1AM uawrr rae.r Mmrletr um em a Pea ew" Ww" oobw dbm tma..m*Mm 1861EnWMftM4 -%0laanralar,FT.itTel.ttdu W.p.mer MArrten OaMad arp.elandtw IMM32wf ruaaiamm Cad Na JE3M Ro*mm bV NOW r••4 :a""?' �d d41i NwMM Ot CLEARWATER. FL=M W 8p.e6eeawAm- tbadmfinbrrmnpka livuea aafnpleptap NOYla.aee d IMA Area ar JYUdweltl lAT mpRMd Re�NOTw.pd.d . iNLad daabefilp merr aMropod n prat rlla addt>t dwaw am= wkw oomamdwotd in a auutiaa, naary. NmnMaa, paler poti bee8m, agnoww bamra. andwed dr�eia Msit. TH19 REPORT a MADE ON THE mms OF 1NHATVmlB YI816LEA mACCEBBIEt�ATTNEl1NE 0P tiLRP�TgN add b rat an apYdm �fi0 Great aunt as, but rot "Mmom yr laud 10. 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FuR'i1�R 6NESt1GATrON BY auAUR ®E>1PERis oFTF1E BUIIOWO T11A0t: mtOLLO EE MADE TO DETERMINETHEaTAtICTURAI 90LIWNE99 CF THE lr[tOPHi1Y.'iUb prolwny ru fat brtpaolad lot fry targl other ban wood daagba trer�i, and ro o)ktloa an IraaMr nirud eRaelt arladeaalfrarNy to ptavktd orreerdetaM b Mb IMNidwb 8aarad m partafraP mnaallieneeeaquiredradearb:+, aRmuedbbnaeataraioorttar. ayta�etlrr1AaewoaddoultbQfW4uwfotM0er1aredmnaM os bnYh er bW eat ak gNt@y Maas ralabd b fey lot¢ Maoea mfraafrad aboattlrap brat dhertld eoea4wY! a caft/Yd drdoafrW hYabnlat ar aMfr ponod 1phad and 4mtrkd to tarairt anch apalats :0 REPORT 81ULL NOT9E CONSTRM TO CONSTITLRB A OUARAMTP.E CF THBA650rCE0F WOM DEBTRCMNS CRGAmom OR oNmeE 0R OTitER EVIttENGE uNLE99 THIS REPOFWSPEWMALLY STATES HEREIN IM EXTOfT OFEIICH GUARANTEE ItiYa+ eta .iae.aeawnoaawat+aawa+inm.rwd Qlte QYer Laattlfna: 1Gn®wrmrdnprnYmt} Itru.eo And awbaewD..p.ronnrd . wt Afro ❑y" roar argmatl ladonr. (H Vehila mama ab.wvad j� I Ma O Yee • � • 1Caefm ronrdeeFf.dw erutno dampat lowaoia NF Mtaandpnroitw hot..dw.ab..,r�d: ONo Cl Yeo 01 This arppaff has ImawMemocommmArdtn.pfe6.: Not r1Yes WVMAmpydtf.renb d*mty.& IOlNttrf h..t wrdi le1T��Pa.fha+�Medaeftaetudp �No QYaa IFra& DNadTeaaMwt as19/lOCI SueldrareenTour& roero M °1 lCennm naro atpaaltvM) IrlAnaraa► lift efpr>dga: �ard/nrlmaEmmd �saribal QMzwlathemuduq(N TMMFloatEteo tboa tLafatlaa cf irYa.tap COMMEM. Neilhat the I mum nor the inn edw has"I4mmcltl InIWGd to tt>t PMP&* hVeded ar is aseodarad in any" in the Itanrodlon Vdh any pmy b the banumibn othw thart tar raspedien Plrp mea J. SEKA RtD'ORT TO PERSON iNiIO RE7gl]EBtTbD Tr68 DIBPBOTDN AND � Sipnobae of Llcanaae u►Apent a DAN UAIM IMAIS,1W.82:44 jMmM*"-pW ioat EdMftm) ORIGINAL. REC IVFD APR 0 2 2007 KANNING DEPAkI MEIV. F CITY OF CLEARWATFP DMKStDE January 1, 2007 through December 31, 2007 MONTHLY ANNUAL PER PER UNIT TOTAL UNIT TOTAL SERVICES & MAINTENANCE Elevator Maintenance 11.94 370.00 143.23 4,440.00 Lawn & Landscape Care - Complete 105 333.33 129.03 4,000.00 Janitorial 24.19 750.00 290.32 9,000.00 Management Fees 20.83 645.83 250.00 7,750.00 Security Provisions n/a n/a n/a n/a Fire Pump Maintenance 1.41 43.75 16.94 525.00 Trash Collection 18.82 583.33 225.81 7,000.00 Rent for Recreation & Common Facilities n/a n/a n/a n/a Administration of Association n/a n/a n/a n/a TOTAL $87.94 $2,726.25 $1,055.32 $32,715.00 PROFESSIONAL FEES Accounting & Legal 6.06 187.86 72.72 2,200.00 TOTAL $6.06 $187.86 $72.72 $2,200.00 OPERATING CAPITAL _ 8.25 453.75 99.00 5,445.00 UTILITIES Electricity 40.00 1,240.00 480.00 14,880.00 Telephone 4.84 150.00 58.06 1,800.00 Water /Sewer 40.32 1,250.00 483.87 15,000.00 TOTAL $85.16 $2,640.00 $1,021.94. $31,680.00 SUPPLIES & MATERIALS Maintenance Supplies 8.06 250.00 96.77 3,000.00 Office Supplies /Postage 6.45 200.00 77.42 .2,400.00- TOTAL $14.52 $450.00 $174.19 $5,400.00 TAXES /LICENSES Fees Payable to Division 0.33 10.33 4.00 124.00 Misc. Licenses/Taxes 0.70 21.75 8.42 261.00 Taxes on Leased Areas n/a n/a n/a n/a Property Taxes upon Association Property n/a n/a n/a n/a TOTAL $1.03 $32.08 $12.42 $385.00 INSURANCE All Peril - Property, General Liability 77.96 2,416.67 935.48 29,000.00 Wind 95.85 2,971.50 1,150.26 35,658.00 Flood 13.81 428.08 165.71 5,137.00 Umbrella 2.96 91.67 35.48 1,100.00 Director & Officer Liability 1.85 5733 22.19 688.00 Fidelity Bond 0.94 29.17 11.29 350.00 TOTAL $193.37 $5,994.42 $2,320;42 $71.,933.00 TOTAL WITHOUT RESERVES $396.33 $12,484.36 $4,756.01 $149,758.00 RESERVES ORIGINAL Roof (Flat Roof - Modified Bitumen) RE RED 14.49 449.33 173.94 5,392.00 Roof (Pitched Roof - Shingle) 14.49 449.33 173.94 5,392.00 Painting 21.61 670.00 259.35 8,040.00 Paving (Parking) OR O 2 2007 8.06 250.00 96.77 3,000.00 Paving (Concrete Walkways) 3,14 97.25 37.65 1,167.00 Paving (Asphalt Reserve) PLANNING DEPARTMENT 5.38 166.67 64.52 2,000.00 Sea Wall CITY OF CLEARWATER 25.10 778.0$ 301.19 9,337.00 Elevator 5.97 185.17 71.68 2,222.00 TOTAL $98.25 $3,045.83 $1,179.03 $36,550:00 TOTAL WITH RESERVES $494:59 $15,530.19 $5,935.04 $186,308.00 Estimated A. C ITY OF C LEARWATE R r POST OFFICE BOX 4748, CLEARWATER, FLOwDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWA TER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562 -4865 PLANNING DEPARTMENT June 19, 2007 Ms. Renee Ruggiero Northside Engineering Services Inc. 601 Cleveland Street, Suite # 930 Clearwater, Florida 33755 RE: Development Order - Case FLD2007 -04012 445 Hamden Drive and 504 South Gulfview Boulevard Dear Ms. Ruggiero: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On June 19, 2007, the Community Development Board reviewed your request for the following: (1) Termination of Status of Nonconformity for density (existing 62 -room hotel at 504 South Gulfview Boulevard to remain on the southern lot [Parcel B], where 44 rooms are permitted today), under the provisions of Section 6 -109; (2) Flexible Development approval to permit a Mixed Use of 31 attached dwellings at 445 Hamden Drive [Parcel A] and a 62 -room hotel at 504 Gulfview Boulevard [Parcel B], with the following: ■ Parcel A (445 Hamden Drive) — a) reductions to the front (west along Hamden Drive) setback from 15 feet to five feet (to existing pavement) and to zero feet (to existing trash staging area); b) a reduction to the side (north) from 10 feet to three feet (to existing pavement); c) a reduction to the side (south) setback from 10 feet to zero feet (to patio deck); d) a reduction to the rear (east) setback from 20 feet to seven feet (to existing pavement); e), an increase to building height from 35 feet to 67 feet; f) a reduction to the required interior landscape area from 10 percent to 3.7 percent of the vehicular use area, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and ■ Parcel B (504 South Gulfview Boulevard) — a) a reduction to the front (west along Hamden Drive) setback from 15 feet to zero feet (to existing pavement); b) a reduction to the front (south along South Gulfview Boulevard) from 15 feet to 8.5 feet. (to existing pavement); c) a reduction to the side (north) setback from 10 feet to zero feet (to existing patio deck); d) a reduction to the side (east) setback from 10 feet to 2.5 feet (to existing pavement); e) an increase to building height from 35 feet to 62 feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C; FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CAREEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" June 19, 2007 Ruggiero — Page 2 f) a reduction to the required interior landscape area from 10 percent to 2.6 percent of the vehicular use area, a reduction to the foundation planting width along the west and south sides of the hotel building on Parcel B from five feet to zero feet and to allow more than 10 parking spaces in a row without an intervening landscape island (three locations), as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and (3) Flexible Development approval to permit a multi -use dock in conjunction with the attached dwellings at 445 Hamden Drive [Parcel A] for eight of the existing slips and a commercial dock in conjunction with existing hotel at 504 South Gulfview Blvd. [Parcel B] for two of the existing slips (10 total existing slips), under the provisions of Section 3- 601.C.3. The Community Development Board (CDB) APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findings of Fact: 1. The subject 1.789 acres is located at the northeast corner of Hamden Drive and South Gulfview Boulevard; 2. In May or June 2005, a storm (hurricane) did damage to both existing overnight accommodation buildings on -site, with the northern building receiving the greater damage; 3. A building permit (BCP2005- 06826) to repair the top five floors due to hurricane damage was submitted on June 22, 2005, and was issued on July 19, 2005, for the northern existing overnight accommodation building (issued for a hotel building); 4. On August 16, 2005, the CDB approved Case No. FLD2005 -05051 for (1) Termination of Status of Nonconformity for density (I 11 overnight accommodation units existing to be converted to 83 dwelling units, where 53 dwelling units are permitted today); and (2) Flexible Development approval to permit 83 attached dwellings. This project entailed retaining of the northern building with its conversion to 31 attached dwellings, the demolition of the southern building and the construction of a new southern building with 52 attached dwellings; 5. Construction proceeded under BCP2005 -06826 with no request to change the use under the building permit from overnight accommodations to attached dwellings; 6. The site is currently developed with a 31 -unit attached dwelling building (northern building) and a 62 -room hotel building (southern building); 7. The development proposal for this property is for mixed use of 31 attached dwellings in the northern building /lot and a 62 -room hotel in the southern building /lot; 8. This redevelopment proposal is a hybrid between what was intended for the property of attached dwellings in the northern building through the 2005 Flexible Development approval and the existing hotel on the property in the southern building; 9. The proposal represents the ability to retain an overnight accommodation use on the beach where many hotels /motels have been lost to condominium (attached dwelling) construction; 10. The Code has been amended to preclude the termination of nonconforming density and converting it to a different use (such as overnight accommodation units to attached dwellings), requiring this proposal to meet these new rules; I.I. The maximum density for the northern lot (attached dwellings) is 26 dwelling units. However, 31 dwelling units were constructed in the northern building through the approvals granted under FLD2005- 05051; June 19, 2007 Ruggiero — Page 3 12. The Planning Department finds it acceptable to leave the 31 dwelling units in the northern building, even though it is five dwelling units greater than currently allowed, so long as there is a commensurate reduction of five dwelling units for the southern lot should it ever be desired to be redeveloped for attached dwellings or other residential use; 13. The development proposal includes a request for termination of status of nonconformity to permit the existing 62- room hotel at 504 South Gulfview Boulevard to remain on the southern lot (Parcel B), where 44 rooms are permitted today; 14. Setback reductions reflect existing conditions, which are less than Code requirements, but are still consistent with existing setbacks for other projects in close proximity; 15. Building heights of 67 feet for the attached dwelling building and 62 feet for the overnight accommodation building reflect existing conditions, which are consistent and compatible with the height of buildings constructed, under construction or approved within the surrounding area; 16. A total of 125 parking spaces are proposed, where 124 spaces are required. Handicap parking improvements for the hotel lot are included in the proposal; 17. The proposal includes reductions to the required interior landscape area for both the attached dwelling lot and the hotel lot, a reduction to eliminate the foundation planting width along the west and south sides of the hotel building and to allow more than 10 parking spaces in a row without an intervening landscape island (three locations) on the hotel lot. These reductions reflect existing site constraints due primarily to the amount of required parking and the Code dimensional requirements for parking lots; 18. Existing signage of the overall site is nonconforming and must be brought into compliance with current Code requirements. Most likely the Comprehensive Sign Program will be utilized to provide signage for this overall site; 19. Parks and Recreation Impact Fees were not assessed previously for the remodeling of the northern attached dwelling building and must be assessed and paid with this application. 20. That there are no active Code Enforcement cases for this property. Conclusions of Law: 1. That the development proposal is generally consistent with the Standards as per Tables 2 -801.1 and 2 -803 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2 -803.0 of the Community Development. Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3 -913 of the Community Development Code; and 4. That the development proposal is consistent with the Comprehensive Landscape Program criteria as per Section 3- 1202.G of the Community Development Code. Conditions of Approval: 1. That the final design and color of the hotel building be consistent with the owner's intent as included in the application materials, or as modified by the CDB; 2. That Declaration of Unity of Title documents each for the hotel lot and the attached dwelling lot be recorded in the public records by July 19, 2007; 3. That any future change of use to attached dwellings or other residential uses for the southern hotel lot (Parcel B) be developed with five (5) less dwelling units (or residential equivalent) than permitted under maximum density regulations. Such use /density restriction shall be recorded as a Deed Restriction, enforceable by the City, or other legal instrument acceptable to the City Attorney by July 19, 2007; June 19, 2007 Ruggiero — Page 3 12. The Planning Department finds it acceptable to leave the 31 dwelling units in the northern building, even though it is five dwelling units greater than currently allowed, so long as there is a commensurate reduction of five dwelling units for the southern lot should it ever be desired to be redeveloped for attached dwellings or other residential use; 13. The development proposal includes a request for termination of status of nonconformity to permit the existing 62- room hotel at 504 South Gulfview Boulevard to remain on the southern lot (Parcel B), where 44 rooms are permitted today; 14. Setback reductions reflect existing conditions, which are less than Code requirements, but are still consistent with existing setbacks for other projects in close proximity; 15. Building heights of 67 feet for the attached dwelling building and 62 feet for the overnight accommodation building reflect existing conditions, which are consistent and compatible with the height of buildings constructed, under construction or approved within the surrounding area; 16. A total of 125 parking spaces are proposed, where 124 spaces are required. Handicap parking improvements for the hotel lot are included in the proposal; 17. The proposal includes reductions to the required interior landscape area for both the attached dwelling lot and the hotel lot, a reduction to eliminate the foundation planting width along the west and south sides of the hotel building and to allow more than 10 parking spaces in a row without an intervening landscape island (three locations) on the hotel lot. These reductions reflect existing site constraints due primarily to the amount of required parking and the Code dimensional requirements for parking lots; 18. Existing signage of the overall site is nonconforming and must be brought into compliance with current Code requirements. Most likely the Comprehensive Sign Program will be utilized to provide signage for this overall site; 19. Parks and Recreation Impact Fees were not assessed previously for the remodeling of the northern attached dwelling building and must be assessed and paid with this application. 20. That there are no active Code. Enforcement cases for this property. Conclusions of Law: 1. That the development proposal is generally consistent with the Standards as per Tables 2 -801.1 and 2 -803 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2 -803.0 of the Community Development.Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3 -913 of the Community Development Code; and 4. That the development proposal is consistent with the Comprehensive Landscape Program criteria as per Section 3- 1202.G of the Community Development Code. Conditions of Approval: 1. That the final design and color of the hotel building be consistent with the owner's intent as included in the application materials, or as modified by the CDB; 2. That Declaration of Unity of Title documents each for the hotel lot and the attached dwelling lot be recorded in the public records by July 19, 2007; 3. That any future change of use to attached dwellings or other residential uses for the southern hotel lot (Parcel B) be developed with five (5) less dwelling units (or residential equivalent) than permitted under maximum density regulations. Such use /density restriction shall be recorded as a Deed Restriction, enforceable by the City, or other legal instrument acceptable to the City Attorney by July 19, 2007; June 19, 2007 Ruggiero — Page 4 4. That there be a minimum 30 -day length of stay by the unit owner or rental /lease tenant in any dwelling in the northern building; 5. That cross access, parking, drainage and pool access between the two lots /owners be recorded in the public records by October 19, 2007; 6. That the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, license and the City's Business Tax Receipt be amended to reflect a maximum of 62 rooms for the hotel (504 South Gulfview Boulevard) by July 19, 2007; 7. That there be no business tenant spaces on the west side of the hotel building; 8. That a building permit be submitted by December 31, 2007, to resurface at least the south side of the hotel building with gray vinyl siding to match the rest of the building; 9. That a building permit be submitted by October 19, 2007, to construct the site and landscape improvements, with the landscape plan for the hotel lot amended to replace the silver buttonwood trees with clusters of palm trees along the east property line; 10. That existing freestanding and attached signage for both the attached dwelling lot and the hotel lot be brought into compliance with Code requirements. Applications for sign permits or a Comprehensive Sign Program must be submitted by October 19, 2007. Freestanding signage shall be monument - style, designed to match the exterior materials and color of the building; 11. That lighting on the northern area of the attached dwelling lot be brought up to Code requirements and angled or shielded to eliminate negative light intrusion on the adjacent property; 12. That hedges and other landscaping (not including trees) on the northern portion of the site and along the northern 100 feet along the water of the attached dwelling lot (Parcel A) be maintained to a maximum height of three feet to provide continued views of the water by adjacent property owners and their tenants /guests. Landscape materials along the north and east sides of the property shall be of a type that minimizes insect and maintenance debris impacts on the neighbor to the north; 13. That use of the southern two slips at the existing docks be for exclusive use for the mooring of boats by guests of the hotel at 504 South Gulfview Boulevard and are not permitted to be rented, leased or sold separately from use by guests of the hotel; 14. That boats moored at the existing dock, lifts and/or slips for the northern eight slips be for the exclusive use by the residents and/or guests of the attached dwelling condominiums at 445 Hamden Drive and not be permitted to be sub - leased, rented or sold separately from the attached dwelling condominiums; 15. That no liveaboards be allowed in any of the slips at the existing dock; and 16. That all Parks and Recreation fees, totaling $227,442.78, for the. northern attached dwelling building be paid no later than October 30, 2007. If not paid by this date, the fees could change, as the fees would be recalculated using the 2007 tax value. Pursuant to Section 4 -407, an application for a building permit or other approvals shall be made within the time frames set out in the conditions of approval above. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The Community Development Board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. 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. June 19, 2007 Ruggiero — Page 5 Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4 -502.13 by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on July 3, 2007 (14 days from the date of the CDB meeting). If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727 -562 -4504. You can access zoning information for parcels within the City through our website: www.myclearwater.com/ og v /depts /planning. Sincerely, Michael Delk, A� Planning Director S: (Planning DepartmentlCD BIFLEX (FLD)Ilnactive or Finished ApplicationslHamden 445 Sea Stone Resort (T) 2007 - ApprovedlHamden 445 Development Order 6.19.07.doc R� 1 a, CITY OF CLEA.RWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL. SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 w fj�a:U. ����, cS' TELEPHONE (727) 562 -4567 FAx (727) 562 -4865 PLANNING DEPARTMENT March 11, 2008 Doreen Williams Northside Engineering Services, Inc. PO Box:4948 Clearwater, L 33758 -4948 Re: Development Order — Minor Revision FLD2007 -04012 - 445 Hamden Drive and 504 South Gulfview Boulevard Dear Ms. Williams: On June 19, 2007, the Community Development Board approved the above referenced application with 16 conditions for the following: (1) Termination of Status of Nonconformity for density (existing 62 -room hotel at 504 South Gulfview Boulevard to remain on the southern lot [Parcel B], where 44 rooms are permitted today), under the provisions of Section 6 -109; (2) Flexible Development approval to permit a Mixed Use of 31 attached dwellings at 445 Hamden Drive [Parcel A] and a 62 -room hotel at 504 Gulfview Boulevard [Parcel B], with the following: ■ Parcel A (445 Hamden Drive) — a) reductions to the front (west along Hamden Drive) setback from 15 feet to five feet (to existing pavement) and to zero feet (to existing trash staging area); b) a reduction to the side (north) from 10 feet to three feet (to existing pavement); c) a reduction to the side (south) setback from 10 feet to zero feet (to patio deck); d) a reduction to the rear (east) setback from 20 feet to seven feet (to existing pavement); e) an increase to building height from 35 feet to 67 feet; f) a reduction to the required interior landscape area from 10 percent to 3.7 percent of the vehicular use area, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and Parcel B (504 South Gulfview Boulevard) — a) a reduction to the front (west along Hamden Drive) setback from 15 feet to zero feet (to existing pavement); b) a reduction to the front (south along South Gulfview Boulevard) from 15 feet to 8.5 feet (to existing pavement); c) a reduction to the side (north) setback from 10 feet to zero feet (to existing patio deck); d) a reduction to the side (east) setback from 10 feet to 2.5 feet (to existing pavement); e) an increase to building height from 35 feet to 62 feet, as a Comprehensive hifill Redevelopment Project, under the provisions of Section 2- 803.C; "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" March 11, 2008 Williams — Page 2 f) a reduction to the required interior landscape area from 10 percent to 2.6 percent of the vehicular use area, a reduction to the foundation planting width along the west and south sides of the hotel building on Parcel B from five feet to zero feet and to allow more than 10 parking spaces in a row without an intervening landscape island (three locations), as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and (3) Flexible Development approval to permit a multi -use dock in conjunction with the attached dwellings at 445 Hamden Drive [Parcel A] for eight of the existing slips and a commercial dock in conjunction with existing hotel at 504 South Gulfview Blvd. [Parcel B] for two of the existing slips (1 :0Aotal.existing" slips), under the provisions of Section 3- 601.C.3. A proposal has been submitted to revise the approved site plan and landscape plan by reducing provided parking by one space in the southwest corner adjacent to Hamden Drive to allow a greater landscaped area to install a sign for the hotel. The required parking remains 124 parking spaces and the new provided parking would be 126 parking spaces (excess parking of two spaces). In accordance with Section 4 -406.A of the Code, the revision proposed is deemed to be a Minor Revision and is APPROVED. This Minor Revision must be shown on the site plans and building plans when submitting for building permits. The conditions of approval included by the CDB under the approval on June 19, 2007, are still applicable, as well as the time frames to obtain permits and /or other approvals /licenses. The following Condition of Approval is being added to those included by the CDB as part of the approval of this Minor Revision: 17. The following must be reflected on revised plans prior to obtaining building permits: a. The required sight visibility triangle at the intersection must be shown on Sheets C2.1 and L1.1; b. Shrubs and groundcover plants must be shown on Sheet L1.1 where the one parking space has been eliminated at the intersection. The location, type, size and maintenance of landscaping materials at this location should take into account sign visibility; and C. The site data for the Existing Overnight Accommodations and Overall Site for Paved Vehicular Use Area, Impervious Surface Ratio, Open Space and Parking Lot Interior Landscaping on Sheet C1.1 reflect the elimination of this one parking space. Should you have any questions, feel free to contact Wayne M. Wells, AICP, Planner III, at 727 -562 -4504. Sincerely, f - Michael Delk, AICP Planning Director S: (Planning DepartmentlC D MFLEX (FLD) IInactive or Finished Applications Wamden 445 Sea Stone Resort (T) 2007 - ApprovedlHamden 445 Minor Revisions Development Order 3.11.08.doc '04 MAY 11 2007 k N Jl .17 U Cl .0 n, T In H -.r 1 Y i W k Il' lf1 Crl II' l/) L J C1 J J r c) c) c. ' k . �r7 i, 1 -1 Irl 11 J7 L' r� c) l7 I. H LEGAL DESCRIPTION LEGAL DESCRIPTION: (ATTACHED DWELLINGS) A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF LOTS 4, 5, 6, 7 AND 8 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA CONTAINING J9,000 SQUARE FEET, OR 0.8953 ACRES MORE OR LESS. LEGAL DESCRIPTION: (OVERNIGHT ACCOMMODATIONS) LOTS 9, 10 & 11, COLUMBIA SUBDIVISION NO, 5, ACCORDING TO THE MAP THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, ALSO THAT UNPLATTED PART OF GOVERNMENT LOT FOUR OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, _ s TION THE ABOVE DESCRIBED PROPERTY LIES WITHIN FLOOD ZONE "AE" EL. 10' -11 ' PER FLOOD INSURANCE RATE MAP 1251270191 G MAP REVISED: 09103/2003 UR VEY INFORMA TION SURVEY INFORMATION PROVIDED BY A SIGNED & SEALED SURVEY BY: LAUREN ..R... PENN Y,;�`R .' L.S. #4931 FLORIDA .REGISTERE"D SURVEYOR DA TED: 0512312005 ' r L SAYSICE OR - PROJECT �. IE (.L� fr ti PNO Y1 OLjolo" Ll LEGEND Revisions: No. _Date _Description 5/04/07 PER DRC r- l -. EXIST, ELEVATION EXIST. CONTOUR 1 (� NEW ELEVATION +10.00 .r. ®10 EXIST. STORM SEWER m.�.� L SAYSICE OR - PROJECT �. IE (.L� fr ti PNO Y1 OLjolo" Ll LEGEND Revisions: No. _Date _Description 5/04/07 PER DRC l -. EXIST, ELEVATION EXIST. CONTOUR 1 (� NEW ELEVATION +10.00 NEW CONTOUR ®10 EXIST. STORM SEWER m.�.� ,,..•,.,.., .,zl._� w,.�.. NEW STORM SEWER NEW UNDERDRAIN ® ® ® ® ® ® ® ® ® ® ®I EXIST. SAN. SEWER NEW SAN, SEWER EXIST. WATER SERVICE ° NEW WATER SERVICE ® ® ® ® ® m mm m mm NEW INLET NEW SAN. MANHOLE - NEW CLEAN— OUT(C.O.) C.O. NEW BUILDING AREA NEW ASPHALT NEW CONCRETE TEMP. SILT BARRIER POINT OF CONNECTION OF NEW UTILITY TO EXIST. M METER. B. F. P. D. BACKFLOW PREVENTION DEVICE F,H.A. FIRE HYDRANT ASSEMBLY F.D.C. FIRE DEPARTMENT CONNECTION T.B.0. TEMPORARY BLOW —OFF T.&V. TAP AND VALVE 12- ORIGIML RFCEIWD MAY 11 200 7 PLANNING DEPARTMENT CITY OF OLEARWATFP i I I i I Issue Date. 063/28W07 Revisions: No. _Date _Description 5/04/07 PER DRC 0 _ 0 0 _ A THIS DRAWING IS AN INSTRUMENT OF SERVICE AND SHALL REM p)2PP� F THE, ENGINEER, AND SHALL NOT BE REPRODUCED, PUBLISHED OR ED N • Y W IYYI� T THE CONSENT OF THE ENGINEER. ©COPY - '114 07 -N - l It L¢� ,• GEN ���,•• J--,• . 1 RAM A. GOEL Ph.D. P. �#4 43. tea, ``` :�t'4,`'�. ; •" •� COPIES OF THESE PLANS ARE NOT 14J EMBOSSED WITH THE SIGNING ENGfjVJ � �'I+•r•�u .d:17 IAl I n�� 0 rc 12" METAL V I'LAY P11r- APFIC TR . IER 4ATFF INV. ELU-1. � 1.3fl' n A 114V FL cv:I'r LINES 4' NIEIAL "11NI " I , . , I ---------- ---- --- M '12" Dlli- f'AL 12' METAL PIPF PIPE :3 TQ RI VA I E IN%, r -EV 1.39, Ij IN -j f GONG rz r I PC I-R v.,� r HAMDEN DRIVE" PIPk_Ij y' VALVE FA: 916l -,ul� y ifii*_L . ... ...... I AL ----- -- — ----- r- - -- — — -- Z� V 1101 I.F.-V 1 24r— - INV. r 1,1 il�ICAIAL 16" C I W/A I,y 81 CIA,, �Pc MAIN PIPE � . . ...... LIT -- -- -- -- ----- ------- IMv. HWU N4, ALVE: 6" V(P S'l V, 11A 1IV IV, L Y' Vac., At SR POLE hp, ------- 7 it'll.; LrtL INV EL 01 1 4_;� I I L POLE, -7VISIBILITY -TRIANGLE-- P PULE: 12 iLEV. - 1.30, 5 INV, ELEV. .0,fil'- N,ji V./j rI04'PR •• 1j`1 - flit I LITIL. I POLE 'L FX r, Cj VAV-, -- -- ---- v "K, 1',!V. ELEV, 1.,17 _11 _14 - A __65(P)64. Y (Y'N 0,0 IL "lot F Lh" - .. -! ---- __ - 'Y' 6 __ Sil GNAVAL V .......... .. k /d -- ------ PIPE- 17'0.00(1 BOX _70,02'(All) n �%y 1 11. RIN.LAIMEr, tmv, i j ).N 14%1, UL�V. 0.06' PVC FE.R I-AE) ER, EXISTING ----CON ( DI LLI WALK X • REMOVE TXI,,*','TTNG I P11 _j IALT PAKKf �C, In FL Ev 4 S/ YO L Awl- -10,16 � 1V 0XI, AL 6 7 A I/A !N - (-:I [,1V . -4 • II'v. LL if -18, A -1 No -t wrem,- INV. AN'11NA! V NEW 1 O'X 12' (4) WHITE PVC ENCLOSURE - w, It, ! �j AS PER CITY STANDARDS ovc TRIPE LU 9 RES 1--EXISTING 0 z t 1-1 f / " ,, ,, � t ------- - ---- FL NEW` WIDE SIDEWALK j Q9 " -q y, 44 s SI OF Vill 41 V SPHALT PARKING A 1-1- - 3.2T r" PER CITY STANDARDS 0 2 DINCHESL- NEW 4' HIGH 14 4S PER l4i�f RAILING Lr, y BRI(,FDOT INDEX 1187d L Ak — — — — — — — — — — — — X, It " P", '1711 .1 - 'TOR Y' INV NEW H. �:. , , , - " , , , , V I i,E'A" 6 var Co I �# •% v _/11I -- :".i !;,, I" 'R I I C. S NEW H C. SIGN INV. 11,:�V DVAI? IT PIPE' �i, I'qc 7 0 Rl."'AleA IN !NV EL V Q 0, LLEI,, - LI NE .... .. (;ONC. 11,MCKING I ER I . I " P,./c L 0 IT I I!, ONI LP — I"Al (ii rl. 0, -V 4) A_ Tf F Aj, FX 1U1 -,N'N0!!\�, It 0311D�', tj > P-NIP uj 12" ... al -25 • y "if i ..... 1- 1/2"R 0,� 41 7,x 14) X// COV. Ilk 16 - ----- - ----- -- Rf I! z_ k_ BLUE (1) (ONC r1E 1/2" WIDE S12 034130 W 325 W(P) BACKGROUND 00 034,130 If W tVALI WHITE BORDER 4 SPI ALT G AND SYMBOL SIGN SPECIFICATIONS % 46. iq" 1211 LOGO oiGm / , I x PARKING BY 37 Air) olno' SIGHT 2. 2 SIGN COMBINATION TRIANGLE (TYP.) WHITE 1 " SERIES "C" REFLECTIVE SHEETING • DISABLED BACKGROUND PERMIT LETTERS BCK LETTERS TO < 4, ONLY 1/2 BORDER LA 1" HIGH SERIES "C" ��` ► I i I i� 1.5 4. SIGN TO BE MADE OF ---- ----- --- A- ALUMINUM $255 FINE WHITE 5. POST TO BE MADE OF KGROUND La g"' GALVANIZED STEEL W10 F.S. 318.14 I11AA1 i t SF) S 1, zi, &,NJ BAC 1,5" (SEE DETAIL) N. 12 3413011E. (L) 21 %2%'(1) /(C) 3"1 6" 3" 6. SIGNAGE PER A.D.A. I,k [111ATER om( L =Tmp - 55 REQUIREMENTS r---- T ---------------------- ----- - - - - -- — 0 6" dia. Steel bollards conc. Filled (typ) -0 10'-8" 0 U 2 a 48" 12' U) Max ► clearance min. CD 0 It" swing gate I,typ.) 4' Min. - -------- -- - - - --t PLAN drop pin hole N. T. S. (typ•) a 14" Tie beam with 2-#5 rebor continuous 12' clearance min. 6" -J 81, - 8"x 16" concrete footing w/ 2- #5 rebor (typ•) ELEVATION N.T.S. swing gate (typ,) 1 -#5 at 4' center drop pin (typ•) 3000 p.s.i, concrete slab with fiber mesh reinforcing - monolithic, min 6" thickness, 6%6"/ 10x10 W.W.F. NOTE: USE WHITE PVC IN LIEU OF CONCRETE PER STEVE DOUGHERTY JMA IN 10' STORM SEWER FINISH CONC. WALK 1�jcus 4, EASEMENT PER O.R. BOOK 2' LEVEL SHOULDER VARIES (SEE PLAN) --------------------- HANDICAP PARKING SIGN DETAIL V 3991, COMPACTED FILL OR T,S. UNDISTURBED SOIL A PAGE 132 WHEN SIDEWALK IS PROVIDE 1/4" TO BE REMOVED &/OR CONTROL JOINTS NEW SIDEWALK IS TO @ 4'O.C., 5' O.C.. BE ADDED, IT IS TO BE REMOVED TO THE 8' D.C., OR 12' D.C. NEAREST EXPANSION & 1/2" BITUMINOUS Ak) T'R E EXPANSION JOINTS @ 40' D.C. FOR 4' SIDEWALKS, 50' D.C. C 4S 1. 1 Vil. CONCRETE WALK DETAIL N.T.S. CLEAR W A TER H A R B 0R r---- T ---------------------- ----- - - - - -- — 0 6" dia. Steel bollards conc. Filled (typ) -0 10'-8" 0 U 2 a 48" 12' U) Max ► clearance min. CD 0 It" swing gate I,typ.) 4' Min. - -------- -- - - - --t PLAN drop pin hole N. T. S. (typ•) a 14" Tie beam with 2-#5 rebor continuous 12' clearance min. 6" -J 81, - 8"x 16" concrete footing w/ 2- #5 rebor (typ•) ELEVATION N.T.S. swing gate (typ,) 1 -#5 at 4' center drop pin (typ•) 3000 p.s.i, concrete slab with fiber mesh reinforcing - monolithic, min 6" thickness, 6%6"/ 10x10 W.W.F. NOTE: USE WHITE PVC IN LIEU OF CONCRETE PER STEVE DOUGHERTY TRUNCATED DOMES PER FOOT INDEX 304 BE MADE AT INITIAL POURING 500F RB HANDICAP RAMP DETAIL N.T.S. CURB I _T L SYMBOL SHALL BE 5 FF. HIGH & WHITE PAINT COLOR HANDICAPPED PAVEMENT SYMBOL N.T.S. FINI GR( SIGN POST DETAIL N.T.S. SIGN POST 3000 PSI CONC. HANDICAP PARKING STRIPING DETAIL N.T.S. UNIGIft RECEIVED MAY -112007 "LANNING DEPARTMENT CITY OF CLEARWATEp EACH PARKING SPACE SHALL BE CONSPICUOUSLY STRIPED IN BLUE AND WHITE PAINT, AND SHALL BE POSTED AND MAINTAINED WITH A PERMANENT, ABOVE- GRADE SIGN BEARING THE INTERNATIONAL SYMBOL OF ACCESSIBILLITY AND THE CAPTION "PARKING BY DISABLED PERMIT ONLY SUCH SIGNS SHALL NOT BE OBSCURED BY A VEHICLE PARKED IN THE SPACE. ALL HANDICAPPED PARKING SPACES MUST BE SIGNED & MARKED IN ACCORDANCE WITH THE STANDARDS ADOPTED BY THE CITY OF CLEARWATER. Issue Date: 03/28/07 Revisions: No. Date Descri ption MEDIUM BROOM 5/04/07 FINISH CONC. WALK FINISH GRADE TO 1" BELOW EDGE OF WALK 2' LEVEL SHOULDER VARIES (SEE PLAN) 2' LEVEL SHOULDER SOD SLOPE 1/4" PER FOOT I SOD COMPACTED FILL OR UNDISTURBED SOIL A NOTE: WHEN SIDEWALK IS PROVIDE 1/4" TO BE REMOVED &/OR CONTROL JOINTS NEW SIDEWALK IS TO @ 4'O.C., 5' O.C.. BE ADDED, IT IS TO BE REMOVED TO THE 8' D.C., OR 12' D.C. NEAREST EXPANSION & 1/2" BITUMINOUS JOINT, EXPANSION JOINTS @ 40' D.C. FOR 4' SIDEWALKS, 50' D.C. FOR 5' OR GREATER, CONCRETE WALK DETAIL N.T.S. TRUNCATED DOMES PER FOOT INDEX 304 BE MADE AT INITIAL POURING 500F RB HANDICAP RAMP DETAIL N.T.S. CURB I _T L SYMBOL SHALL BE 5 FF. HIGH & WHITE PAINT COLOR HANDICAPPED PAVEMENT SYMBOL N.T.S. FINI GR( SIGN POST DETAIL N.T.S. SIGN POST 3000 PSI CONC. HANDICAP PARKING STRIPING DETAIL N.T.S. UNIGIft RECEIVED MAY -112007 "LANNING DEPARTMENT CITY OF CLEARWATEp EACH PARKING SPACE SHALL BE CONSPICUOUSLY STRIPED IN BLUE AND WHITE PAINT, AND SHALL BE POSTED AND MAINTAINED WITH A PERMANENT, ABOVE- GRADE SIGN BEARING THE INTERNATIONAL SYMBOL OF ACCESSIBILLITY AND THE CAPTION "PARKING BY DISABLED PERMIT ONLY SUCH SIGNS SHALL NOT BE OBSCURED BY A VEHICLE PARKED IN THE SPACE. ALL HANDICAPPED PARKING SPACES MUST BE SIGNED & MARKED IN ACCORDANCE WITH THE STANDARDS ADOPTED BY THE CITY OF CLEARWATER. Issue Date: 03/28/07 Revisions: No. Date Descri ption 5/04/07 PER DRC z A A —Z A O RM OF THE V4 THIS DRAWING IS AN INSTRUMENT OF SERVICE AND SHALL MAIO 44t,%P1 I ENGINEER, AND SHALL NOT BE REPRODUCED, PUBLISHED /�R DXf, 4Y8j THE CONSENT OF THE ENGINEER. (MbYRIQ 20 7 Ti;PUBLI ED R 31.' N 0 47 1#9 2g Or Vt :i RAM A. GOEL, Ph.D., P.E. COPIES OF THESE PLANS ARE NOT QID EMBOSSED WITH THE SIGNING ENGINE SE Z I 110 04 4 11'0 V a '" - v 0 41 ,1 M z 9 I � OVE-1�E-IEt\r7 € 6' (;I \,., r a z VA v� (9 ) /,/Al i,,- IC 81GN'tL i1 PIPE F= r. °It7 r�1 }, \ 1'UJ17'F Fi a�° __...._._ tl'JATEft i� /. t= LI =V'. = G�.G3' TJ'Jt\TEI: - I.I! iL- -- - VALVE n L VALVE \rf \f_VEv l'�la; - es' L - -- ❑ --,- VALVE I = 1wa &W ` A1`d P0.1-1 L')1., ,if l /___ .--- _,., d .,..- .._._, ..,,>e.� ,.- ._,"..e._... . _, # 0. � _ d i1V`t E1`4 < r , ad MCI! 1 III .. r .?, STORM - ,,n 1 �19� 1lL'Jl '@' WATER. /1, )/ (tf- f 1 c cm A+N + '! 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() '/�/ ' =r` i `__.; 4 „ „ I I I I _; f - _ __:- _ rlr,; S12 °34130" i , y� •� q 7 p'y .q...�_'y p y I t, :I. WALL , ,y i .�w 'V' _',:1- �• % r/ i ry-i 19- A. L kry 1.�� I'i:i1I� I G I'' ' 1 '.11. L_ _- _ _ \ Q' / / /��� , , 1 r / I I 111 I I �`�!9ry'.•,. ' -� ... L 10 % 'r ••,\ �y �4.2V) l_) ( I \. _ % _ __ I ! I 1 ;i I, I �''Yeir,.l`'ry 7q %' /• `, �! I ( I . ,' ® DB_11 I + , ,I li I �� I 1 I 20'X20' SIGHT 1 / ' y.- • -r /11 r � I i I N TRIANGLE (TYP.) N I i 1 ,__%T _ �J:. •_ �'1 i I . // I - ( /I ! \ ! : 1 D6 C13 V5 I Z \ I I I F.:�' -:: I g' , \' \ ® i f fL rte., . BOTANICAL COMMON CONT CAL 51ZE CB 6 Conocarpus erectus sericeua 5!Iver Buttonwood I I "Cal G'oa LG C. L19u5trum lucidum Glossy Privet Multi -stem 45 cJal 2 "Cal 8'oa PALM TREES QTY , COMMON 1 CAL I* ! . ,r •. ^, I �' ' 2 Phoenix dactylifera 'Med,Jool' Date Palm B * B Robust I O'ct minimum 5HKUB5 QTY I -., `1 t• , ti �F `F I 3G Duranta erecta 'Gold Mound' i I i i 1 , 1 `, ry u t - --- -- -- - - -- -- - - _. - -- - - - - . - ., _ .. _ ....._ . __ .. . - - - -• - -- - -_ _____ - -- - --- - -- . _. ... _ . - -- - - - ? L: I ` Philodendron Y. , ,C-, t �Y I I PM 9 Podocarpus macrophyllus Yew Pine 3 gal 3011HT 5V /S 1. Rf IA 11,A1['t (/�..1.(.�� .'DO V5 117 I i \ / 24 "HT I k `,�I;°,'1 ING V\10 )1) DO I 17:.. 1. ,! ., ,' ;, });ii Jr,I BOTANICAL COMMON CONT SPECS. DB I I G Dianella tasmanica 'Slushy' Varigated Flax Lily 1 gal 1811 X 1 811 JP 1 7 Juniperus chinensis 'Parsonii' Parsoni Juniper 3 gal 1 2" X 18" KA 34 Rhaphiolepis indica `Alba' White Indian Hawthorn // 14" X }�. , �` �)P r' i, -, ), ,: : ,: , I I i I I i FLOOD ii - - - - �,., - -. -- - - -- --' -- -- -- -- - -- -- - - - - ---- . -- - .... - . - - - -- .... - - -- - . - - - --...... - - - - - to ,. ,. , II i r7',' �.. (_ Cliv(' C_Ut' I L. 1 7,..1 i' 1 •t,, "� +' °i7 I I i i - - - -- - - - -- - - - -- - I u .. ti,• I. - _ :, _ 4- P i .. . - - - -- ---- - - - - r �4 1 � I .1: iIn r,)' L n` , , I. Q] i, ; •`L , 1: X' u: l/7 a� i II m r6 J r-j r- 0 CD (. 11 1-) �- )n t» i WATER WELL: 4" HIGH AT SHRUB, NO WATER WELL AT LAWN AREA. N J J Q M I- O O Of Z O0 Z0 I J _j< 0 U0 Ln '- QQQ _moo ROOTBALL 2 X ROOTBALL 12" AT 1 GALLON 22" AT 5 GALLON 32" AT 15 GALLON SHRUB PLANTING 1 " = 1 ' -o" AERIAL GUY CABLES TO CONNECT TRUNKS: 9 GA CABLE W/ CLEAR PLASTIC COATING THRU 5/8" DIA, RUBBER HOSE TIE. ROOTBALL SEE PLANT PIT DETAI L. STAKING DETAIL SET ROOTBALL CROWN 1 If HIGHER THAN SURROUNDING FINISHED GRADE. SLOPE FINISHED GRADE AT BACKFILL AWAY FROM ROOTBALL. MULCH TO 2" DEPTH AT WATER WELL. r- FINISHED GRADE. PLANT TABLETS AS NOTED OR SPEICIFIED. BACKFILL MIX, SEE NOTES AND SPECIFICATIONS. NATIVE SOIL MIX FIRMLY COMPACTED. 32 9333.13 -01 "CINCH- TIE ", "GRO- STRAIT ", `i OR EQUAL FLEXIBLE RUBBER w o TREE TIES IN FIGURE EIGHT J FASHION. ATTACH TO STAKE I- < W/ TWO GALV. ROOFING NAILS. x0 0 TREE, MULCH WITH A 3" THICK m� 2" LODGEPOLE PINE TREATED Q Q TREE SET STAKES MULCH WATER WELL `STAKES. APPROXIMATELY 120 DEGREES 0 APART, co r 0 00 1 TO ALLOW FOR MULCH, I WELL AT SHRUB FINISHED GRADE. AREAS. FINISHED GRADE co n -I - - -- III - ICI -ICI ;��I- w0 III�IIII�IIII -'' �� O Lo M AVOID PLACING STAKES << THRU ROOTBALL. d- ro SET ROOTBALL CROWN 1 1/2" HIGHER THAN THE SURROUNDING FINISHED GRADE. SLOPE BACKFILL AWAY FROM ROOTBALL FOR POSITIVE DRAINAGE. --.r -i PLANTING AT `i PLANTING AT TURF AREAS. I SHRUB AREAS. KEEP TURF CLEAR FOR A 18" 0 KEEP MULCH 6" - 8" RADIUS CIRCLE AROUND THE FROM BASE OF TREE. TREE, MULCH WITH A 3" THICK I LAYER OF SHREDDED BARK. 0 MULCH WATER WELL 0 AREA TO 3" DEPTH. RECESS TURF AREA - - 0 6" HIGH WATER 1 TO ALLOW FOR MULCH, I WELL AT SHRUB 0 AREAS. FINISHED GRADE 0 AT LAWN. FINISHED GRADE 0 AT SHRUBS. J 0 0 Q ICI -III + Q m m m 11 =1 I I P- I P - III -III I I I " ' ROOTBALL -III J -' Lo N 0� I ROOTBALL - III - III -1 M aaa a Fm- F I- F- I- QQQ a 0 - PLANT TABLETS AS 0 oiv - -- PLANT TABLETS AS coo N N N n 2X ROOTBALL NOTED OR SPEICIFIED, BACKFILL MIX, SEE - -- 2X ROOTBALL -- NATIVE SOIL MIX NOTES AND SPECIFICATIONS. 32" AT 15 GALLON - NATIVE SOIL MIX 48" AT 24" BOX FIRMLY COMPACTED. 60" AT 30" BOX 72" AT 36" BOX PLANT PIT DETAIL TREE PLANTING MULTI -STAKE 1 If = 1' -0„ 32 9343.23 -03 1 If X 4" Horizontal Wood Members or 6' - 8' Approved Substitute O 0 I „ 4 2 x 2 1) ` = -FI -- --- - - - - -- - - -- -- I -I - -- ---- - - -II- - ._._._.__.--- I-------- - - - -C� -- Vertical Wood Stakes Barriers Placed at Protective Radius 2 /3rd's dripline for hardwoods (6'min) full dripline for pines (6'min) TREE BARRICADE DETAIL N.T.S. w w w ry w J ~ Q x O u7 m Q Q (0 L: Ln D z d- STAKING DETAIL !J ROOT BALL 16" DOUBLE STAKE WITH WIRE: #12 GALVANIZED WIRE THROUGH THE EYE OF "CINCH -TIE" RUBBER SUPPORT. 2" DIAMETER LODGEPOLE PINE TREATED TREE STAKES. SET PERPENDICULAR TO PREVAILING WIND, REMOVE NURSERY STAKE BY THE END OF MAINTENANCE. 1X3 CROSSTIE, AVOID RUBBING INJURY TO TRUNK. IIII�IIII,; III - BACKFILL PLANTING AS PER PLANTING DETAIL, AVOID DAMAGE TO THE ROOT BALL WITH THE SUPPORT STAKES. SET ROOTBALL CROWN 1 112" HIGHER THAN THE SURROUNDING FINISHED GRADE. SLOPE BACKFILL AWAY FROM ROOTBALL FOR POSITIVE DRAINAGE. PLANTING AT `i PLANTING AT TURF AREAS. 0 SHRUB AREAS. KEEP TURF CLEAR FORA 18" 0 KEEP MULCH 6" - 8" RADIUS CIRCLE AROUND,, THE FROM BASE OF TREE. TREE. MULCH WITH A 3 THICK I LAYER OF SHREDDED BARK. 0 MULCH WATER WELL 0 AREA TO 3" DEPTH. RECESS TURF AREA - 0 6" HIGH WATER 1 " TO ALLOW FOR MULCH. I WELL AT SHRUB 0 AREAS. FINISHED GRADE 0 AT LAWN. FINISHED GRADE -1 i 0 AT SHRUBS. =1 11= I � _- ;�, xxx -1�1 =_ a M M ICI -III + M' -I I PA I 1 -111 11 =1 I I P- I P - III -III I I I In N o M I ROOTBALL M aaa a 0 0 - - PLANT TABLETS AS NNN r`l NOTED OR SPEICIFIED. BACKFILL MIX, SEE - 2X ROOTBALL NOTES AND SPECIFICATIONS. 32" AT 15 GALLON -- NATIVE SOIL MIX 48" AT 24" BOX FIRMLY COMPACTED. 60" AT 3D" BOX 72" AT 36" BOX PLANT PIT DETAIL TREE PLANTING DOUBLE STAKE 1" = 1' -0" 32 9343.19 -03 HABITAT MANAGEMENT AND LANDSCAPING PERMITS: 1. A HABITAT MANAGEMENT AND LANDSCAPING PERMIT IS REQUIRED FOR THE DEVELOPMENT OF THIS PROJECT. APPLICATION SHOULD NOT BE MADE UNTIL FINAL ADMINISTRATIVE APPROVAL HAS BEEN GRANTED. a. AN APPLICATION AND AN EXTRA COPY OF THE APPROVED FINAL APPLICATION PLAN MUST BE SUBMITTED TO THIS DEPARTMENT IN ORDER TO PROCESS THE PERMIT. b. ALL EXOTIC SPECIES, I.E., BRAZILIAN PEPPER (SCHINUS TEREBIN- THIFOLIUS), PUNK TREES (MELALEUCA QUINQUENERVIA), AND CHINESE TALLOW (SAPIUM SEBIFERUM) MUST BE REMOVED AS A CONDITION OF SITE DEVELOPMENT. WHERE NECESSARY DUE TO THEIR PROXIMITY TO PROTECTED PLANT MATERIAL, HAND REMOVAL WILL BE REQUIRED. SHOULD THIS REMOVAL BE TO A DEGREE THAT A POTENTIAL FOR EROSION IS CREATED, THE AREA MUST BE RESTABILIZED WITH SUITABLE MATERIAL. c. ONCE FINAL ADMINISTRATIVE APPROVAL (FAA) HAS BEEN GRANTED, A BARRICADE INSPECTION CAN BE SCHEDULED. WHEN THE BARRICADES HAVE BEEN APPROVED THE PERMIT CAN BE TYPED AND RELEASED. TREE PROTECTION AND PRESERVATION: TREE BARRICADES AND EROSION CONTROL MEASURE REQUIREMENTS: 1. TREE BARRICADES AND /OR SILT SCREENS OR HAYBALES SHALL BE REQUIRED ALONG THE EDGES OF VEGETATED AREAS TO BE PROTECTED PRIOR TO THE ISSUANCE OF HABITAT MANAGEMENT AND LANDSCAPE PERMITS, THE LOCATION FOR EROSION CONTROL MEASURES ARE SHOWN ON THE CONSTRUCTION DRAWINGS. 2. ALL DESIRABLE TREES MUST BE RETAINED WHEREVER POSSIBLE. IT WILL BE REQUIRED THAT PROPOSED IMPROVEMENTS (Le, BUILDINGS, WALKWAYS, DRIVEWAYS, POND BANKS, DRAINAGE SYSTEMS, ETC.) BE ADJUSTED TO RETAIN DESIRABLE TREES. GRADE CHANGES MUST BE SENSITIVE TO TREES REMAINING, IN GENERAL, NO GRADE CHANGES SHOULD OCCUR WITHIN THE CANOPY DRIP LINE OF PINE TREES AND 2/3 THE CANOPY DRIP LINE OF HARDWOOD TREES TO BE SAVED. LANDSCAPING 1. EACH LANDSCAPING AND REPLANT TREE MUST BE PLANTED WITHIN A MINIMUM FIVE (5) FOOT BY TEN (10) FOOT OPEN SPACE PLANTER WITH SUITABLE GROUND COVER. LANDSCAPE TREES MUST BE PLANTED IN SAME VICINITY AS VEHICULAR USE AREAS IN ORDER TO BREAK THE MONOTONY OF UNBROKEN EXPANSES OF PAVING. TREES MUST NOT BE PLANTED WITHIN MAINTENANCE EASEMENTS, 2. THE USE OF XERISCAPE DESIGN MUST BE UTILIZED FOR THE REQUIRED LANDSCAPE DESIGN. THE DESIGN DEMONSTRATES THE USE OF A LOW VOLUME IRRIGATION SYSTEM, ORGANIC MULCHES, DROUGHT AND COLD TOLERANT PLANT MATERIAL, ZONING OF PLANT MATERIAL BY WATER REQUIREMENTS, SOIL AMENDMENTS (IF NECESSARY) AND THE PRACTICAL USE OF TURF. 3. NEW LANDSCAPING MUST BE PROTECTED FROM VEHICULAR MOVE- MENT BY WHEEL STOPS, OR CURBING. WHERE POSSIBLE, THE AREA BETWEEN THE BARRIER AND LANDSCAPE MATERIAL SHOULD REMAIN AS GREENSPACE. 4. LARGE TREE SPECIES PROPOSED FOR INSTALLATION MUST BE A MINIMUM OF 20 FEET AWAY FROM BUILDINGS, SIGNS, FENCES, LIGHT POLES, UTILITY LINES AND ANY OTHER OBSTRUCTIONS THAT MAY IMPAIR NATURAL GROWTH. 5. TREES PROPOSED FOR INSTALLATION MUST NOT BE IN CONFLICT WITH PROPOSED OR EXISTING UTILITY LINES OR STRUCTURES, EASE- MENTS OR OTHER AREAS WHICH MAY REQUIRE EXCAVATION IN THE EVENT OF SYSTEM FAILURE. THESE FEATURES SUCH AS THE WATER LINES MUST REMAIN OUTSIDE THE 5' X 10' PLANTER AREA. 6. SOILS WITHIN PLANTER BEDS MUST BE SUITABLE FOR PROPOSED PLANTED MATERIAL WITH REGARDS TO pH, SOIL TEXTURE, SOIL STRUCTURE, AND SEASONAL HIGH WATER TABLE, 7. ALL LANDSCAPE MATERIAL MUST BE FLORIDA GRADE #1 OR BETTER. 8, ALL ACCENT TREES MUST BE A MINIMUM OF 8' HIGH, 2" CALIPER AT TIME OF PLANTING. 9, ALL HEDGES MUST BE 24" HIGH AT THE TIME OF PLANTING, PLANTED AT 36" ON CENTER, AND BE MAINTAINED AT A MINIMUM OF 3' IN HEIGHT. 10. WHERE LANDSCAPE OR REPLANT TREES ARE PROPOSED TO BE PLANTED IN THE PERIMETER BUFFER, THE BUFFER MUST BE A MINIMUM OF 5' WIDE, IRRIGATION NOTES 1. SHALLOW WELLS, OPEN SURFACE WATER BODIES, OR RECLAIMED WATER MUST BE USED AS A SOURCE OF IRRIGATION WATER. THE DIST- RIBUTION SYSTEM FOR IRRIGATION MUST NOT BE CONNECTED TO COUNTY OR MUNICIPAL WATER SOURCES, UNLESS IT CAN BE DEMON- STRATED THAT THESE SOURCES ARE NOT AVAILABLE. 2, IRRIGATION SYSTEMS MUST UTILIZE LOW VOLUME DESIGNS SUCH AS LOW TRAJECTORY HEADS OR SOAKER HOSES TO PROVIDE DIRECT AP- PLICATION AND LOW EVAPORATION. SYSTEMS THAT OVERSPRAY AREAS THAT DO NOT REQUIRE IRRIGATION, SUCH AS PAVED AREAS WILL NOT BE ACCEPTABLE. HIGH IRRIGATION NEED AREAS MUST NOT OVERSPRAY LOW NEED AREAS. 3. HIGH WATER DEMAND LANDSCAPE AREAS SUCH AS TURF MUST BE SERVED BY A SEPARATE IRRIGATION ZONE THAN LOW WATER NEED PLANTER BEDS, OR MULCHED AREAS WITH TREES. IN NO CASE, SHALL ANY PLANTED VEGETATION AREA BE MORE THAN 50' FROM A WATER SUPPLY HOSE BIBB. 4. AUTOMATIC IRRIGATION SYSTEMS MUST BE OPERATED BY AN IRRI- GATION SYSTEMS OPERATED BY AN IRRIGATION CONTROLLER CAPABLE OF DIFFERENTIATING BETWEEN THE SCHEDULES OF HIGH AND LOW WATER DEMAND AREAS. CONTROLLERS MUST HAVE MULTIPLE CYCLE START CAPACITY AND A FLEXIBLE CALENDAR PROGRAM ABLE TO BE SET TO COMPLY WITH LOCAL OR WATER MANAGEMENT DISTRICT IMPOSED RESTRICTIONS. 5. AUTOMATIC IRRIGATION SYSTEMS MUST BE EQUIPPED WITH RAIN SENSOR DEVICE OR SWITCH WHICH WILL OVERRIDE THE IRRIGATION CYCLE OF THE SPRINKLER SYSTEM WHEN ADEQUATE RAINFALL HAS OCCURRED. IRRIGATION NOTES (CONTINUED) THE IRRIGATION CONTRACTOR SHALL PROVIDE AN UNDERGROUND IRRI- GATION SYSTEM TO COVER 1007o OF ALL ON SITE PLANTING AREA, THIS SYSTEM SHALL CONTAIN BUT NOT LIMITED TO THE FOLLOWING: 1. UNDERGROUND PIPING, SHALL BE PVC SCHEDULE 40 OR BETTER. 2. SEVEN (7) DAY PROGRAMMABLE TIME CLOCK TO ACTIVATE ZONES. 3. SPRINKLER HEADS COMPATIBLE WITH THE TYPE OF PLANTING. 4. ELECTRIC VALVES. 5. GAUGE 14 OF COPPER WIRE. 6. FIBERGLASS OR PLASTIC ZONE VALVE BOXES. WHERE PIPING IS UNDER DRIVEWAY AND CONCRETE WALKS, THE PIPES SHALL BE INSTALLED IN SCHEDULE 40 SLEEVES 18" BELOW GRADE. MATERIALS SUPPLIED SHALL BE EQUAL TO THOSE MANUFACTURED BY RAIN BIRD CO. OR APPROVED EQUAL. THE CONTRACTOR SHALL SUBMIT A SYSTEM LAY -OUT ALONG WITH CATALOG SHEETS OF ALL COMPONENTS IN THE SYSTEM TO THE OWNER FOR APPROVAL PRIOR TO INSTALLATION. THE ENTIRE SYSTEM SHALL BE GUARANTEED BY THE CONTRACTOR FOR ONE YEAR FROM THE DATE OF ACCEPTANCE BY THE ARCHITECT/ ENGINEER, ANY AND ALL USE OF HOSE BIBBS IN ASSOCIATION WITH NON- POTABLE WATER SUPPLIES SHALL BE IN FULL COMPLIANCE WITH SBCCI STANDARD PLUMBING CODE, CHAPTER VI CRITERIA REFERENCE COLOR CODING OF ABOVE GRADE RISER PIPING AND LABEL /TAGGING OF OUTLETS AS NON- POTABLE WATER SUPPLY. ANY BUILDING TO BE DEMOLISHED IS SUBJECT TO NOTIFICATION TO THE AIR TOXICS SECTION OF THE COUNTY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT PRIOR TO ANY DEMOLITION OF BUILDINGS. XERISCAPING 1. ORGANIC MULCHES AND /OR DROUGHT TOLERANT GROUNDCOVERS WITHIN PROPOSED LANDSCAPE PLANTER BEDS. 2. DROUGHT AND COLD TOLERANT PLANT MATERIAL. 3. GROUPING OR ZONING PLANT MATERIAL BASE ON SIMILAR WATER REQUIREMENTS AND THE LOCATION OF PROPOSED IRRIGATION WATERING SYSTEMS. 4. THE USE OF SOIL TESTING TO IDENTIFY SOIL CONDITIONS NECES- SARY FOR THE CONTINUED SURVIVAL OF PROPOSED LANDSCAPING. 5. ORGANIC SOIL AMENDMENTS (SUCH AS TOP SOILS, MANURE'S, PEAT AND ,COMPOSTED MATERIALS) MIXED EXISTING SOILS WITHIN LANDS - CAPING�,PLANTER BEDS TO DEPTHS CONSISTENT WITH THE ROOT DEPTH OF PROPOSED PLANTED MATERIAL (USE ONLY IF EXISTING SOIL CONDITIONS WARRANT THESE AMENDMENTS). 6. THE PRESERVATION AND INCORPORATION OF EXISTING PLANT COMMUNITIES ON SITE INTO THE LANDSCAPE PLAN. 7. THE M:NIMAL USE OF TURF GRASSES WHICH REQUIRE FREQUENT IRRIGATION. 8. LOW- MAINTENANCE DESIGN. TREE & SHRUB PLANTING DETAILS 1. THE ROOT MASS FORM OF EACH TREE PROPOSED FOR INSTALLATION SHALL BE BALLED OR BURLAPPED, BARE ROOT TREES ARE NOT AC- CEPTABLE. ALL NONBIODEGRADABLE WRAPPINGS WILL BE REMOVED AND BURLAP WILL BE FOLDED DOWN TO ENHANCE WATER ABSORPTION, IF WIRE BASKETS ARE USED IN CONJUNCTION WITH BALLED AND BURLAPPED TREES. THE FIRST FEW ROWS OF EACH BASKET WILL BE REMOVED AT THE TIME OF INSTALLATION. 2. SUPPORTING APPARATUS SHALL BE REMOVED AFTER 1 COMPLETE GROWING SEASON, ALSO THE FLEXIBLE ATTACHMENTS SHALL BE USED WHERE SUPPORT WIRES ARE WRAPPED AROUND TREE TRUNKS /STEMS TO PREVENT CAMBIAL DAMAGE. 3. PLANTING HOLES ASSOCIATED WITH PROPOSED TREES MUST SLOPE (NOT COMPACTED) AND A MINIMUM OF 18 -24 INCHES WIDER THAN THE DIAMETER OF THE ROOT BALL. TREES SHALL BE INSTALLED SUCH THAT THE TOP OF THE ROOT MASS IS LEVEL WITH THE SURFACE OF THE PLANTING HOLE. TREES SHOULD BE INSTALLED 3 - 5 INCHES ABOVE GRADE ON SITES CONTAINING CLAY. A 2 - 3 INCH LAYER OF ORGANIC, MULCH MUST ALSO BE PLACED OVER THE ENTIRE SURFACE OF EACH PLANTING HOLE. TO PREVENT FUNGAL INFECTION MULCH SHOULD BE PULLED BACK A FEW INCHES FROM THE BASE OF EACH TREE. 4. IF ON SITE SOIL CONDITIONS ARE SUCH THAT SOIL AMENDMENTS WILL BE NECESSARY, THE PLANTING MUST INCLUDE SOIL MIXTURE THROUGHOUT THE ENTIRE SECTION OF EACH PLANTER AREA TO A DEPTH CONSISTENT WITH THE ROOT DEVELOPMENT OF PROPOSED PLANT MATERIAL. 5. PLANTERS ADJACENT TO OR WITHIN VEHICULAR USE AREAS MUST BE CONSTRUCTED SUCH THAT LIMEROCK, ASPHALT, CONCRETE OR ANY OTHER OBSTRUCTIONS DO NOT EXTEND UNDER THE SURFACE INTO THE PLANTING AREAS. 6. THE PRACTICE OF TREE TRUNK WRAPPING AND THE APPLICATION OF PAINTS /TAR ONTO PRUNED TREE BRANCHES IS NOT RECOMMENDED BY THE INTERNATIONAL SOCIETY OF ARBORICULTURAL. 7, PLEASE NOTE THAT THE USE OF FERTILIZERS DURING PLANT INSTALLATION IS NOT APPROVED. SCIENTIFIC EVIDENCE INDICATES THAT FERTILIZATION (SPECIFICALLY, THE APPLICATION OF NITROGEN) OF TREES /SHRUBS WITHIN THE FIRST GROWING SEASON INHIBITS ROOT GROWTH, THE LANDSCAPE BUFFER STRIP MUST BE CONSTRUCTED SUITABLE FOR PLANT MATERIAL INSTALLATION. ORIGINAL RECEIVED MAY 112007 PLANNING DEPARTMENT C11Y CF CLEAPWATER issue Date: 03/28/07 Revisions: No. Date Description 0 0 0 0 0 0 0 0 0 0 BUTLER DESIGN GROUP, INC. 4203 46TH AVE N. ST PETERSBURG FL. 33714 PH 727 - 521 -1684, FAX: 727 - 527 -7422, E- MAIL:ronsplans®tompabay.rr.com DRAWN BY: RON BELKO CHECKED BY: CHUCK BUTLER (Certified Arborist) ARBORIST CERTIFICATION : FL -1235A I, U'l _N u� �n Q u' E a> rn a (n 'C n L C) LL ai _0 X O L a� x IZ cn V) m V) i a; c� N 00 1-4 0 N O 0 0 v 0 a �Fm c� n n Q 0 O Q Q N N I l 1 t ORIGINAL RECEIV J-) BRAY 112007 PLANNING DEPARTMENT CITY OF CLEARWATER THIS DRAWING IS AN INSTRUMENT OF SERVICE AND $$MALL'• ENGINEER, AND SHALL NOT BE REPRODUCED, PUBLI5HED•4tl THE CONSENT OF THE ENGINEER. f f�j'rrOp' RAM A. GOEL, PhA, P. COPIES OF THESE PLANS ARE NOT EMBOSSED WITH THE SIGNING ENGIP Issue Date: 03/28/07 Revisions: T • l:. PUBLISHED 1yo.4743+1 -11 A s U, a> •L Q) (n ca U-) c d 0 E n LL a1 z, X 0 al Ln LO In G Q N l_) Q N 00 N N m _0 a L U C al al L / Q) c7 6', `-e 0 C) u c, a, U L a Q CJ 0 a I� U / N I 8 a BASIS OF FIELD BEARINGS OVERHEAD IC SIGN 12" METAL I e 12 "PIPEAL aPIPEY ' �G.4SUA'F. / �' TRAFFIC SIGNAL INV. ELEV. •-1:i9' WATER ° INV. ELEV. = 1.39' W METAL INV. EL EV - 0.59' WATER WATER EASTERLY RIGHT-OF-WAY LINE LItJES --_ _ VALVE ° 12" METP.L PIPE -� VALVE VALVE -- ��� •. 7 $ 12' METAL OAS PI 5AKMH \` `H-'t . INV ELEVE =1.3W PIPE E)RAIPI /l —. z _ VALVE — _ — — — — /S7GRh1 II i -WATER ,, �/��� METAL I I WATER GRAIN VA 17E H I`j N1 PIPE I I 1 VALVE 12 ^I'IPFAL I �II •/ �---- •----------- •---- -7�'S�i� ' E --- -�- - -- /SIGIJAL S7 RM s — — _ - - - - - - - - - — INV ELEV. = 1.28' \ t - -%� 60' RIGHT -OF -WAS( -' — 1_7 a0 > • 6' C 1 WATER — 8" CIAY H a• /� C. STORM � TRAFFIC a" hl TAt� i / MAIN CONC. PU5TS U FILI'IY URAIN I I PIPE \ 5 F 5 54 53 52 51 -E''MHTAI.-, SIGNAL P E - I • W/ ELEC, METER BOXES i3" CONC. INV. ELEV. = 4.aa' SP ` M P SP SP SP SP Jr fi" YC_'P ,SA:V N1; f 1117 -- PIPE-- � -- POLE -IIVV EL V._ IA7S a — 1 qp 2" METAL INV. EI E1/ = '1.40` _y _ �' - - SAII � �/ :� � EL EV. = 1.30' o n d Lu / • IN11. ELEV. _ -0.01' SPRINKLE t 2 CO. L'. C.i,R -- PIPE _ ' —✓ :i1GK —... — �_ MH UTIL. l.L3NTRLIL — SAK M1i� — �` I 4 RE — - — — — — — rVFCTE /i.; StGAI INV. ELEV.= 1.39' —vAtHE — — - -� 6 -- LY.. _ i �� -- -� •00 �� i:01�', ylN U.7 f�1 �I'3 'E _3.ZS,00' �a SUR ` I1TIL. POLE / SIGtJAI!ALV• �-as• BE LP® Y BD ?: • / e o o o 0 0 �, o 6' a noN 3 I 6� t� 6 42 — -- F s^ cIA r u s // FENCE P , , 0 INV_ELEV. RECI ! 57 n L- / Pvc SP CONIC. T1i2T1 F 48 UT pppi,?. P i cove. s %w —� OK 170.00' (P) / ••` k� �/ i AS LAL PAR " NG PS\ 66 ,��� -{ D AitG PIPE WATE E $P H) p,� 45 • ' 4 PVC L I p IIJ ELEV =7.7a' , / SP 76, 170.021 (M) - - - - -- rr a G , �` IPE AREA -� - - -• 6 "CLAY - - - - -- ---- - - 8 C.! WATER ► r, l/ — >a" INV. ELEV. = 2.45' } 72 � r �I r 61 I 25',x 5.T 'I PIPE 1 SP j ,% �I� II 5 I GAS TANK • / 'INV. LEV. = iMCI 11 . 67 I wl I I I ELEV. = 0.4a' 47 777777 SP O ! C!S Ij / 71 SP SAFETY � 68 � r 12 P1,'C' Y1I'F JI I `• I � z POSTS SP f 64 INV. LL. _ 3.29, I I EXI� TIPIG LDG. I z 6B SP SP LINE ABOVE (IYP.!• I 1,, r•'oST -. %o ! ''� /i 7,3 i SP I I I _ I FETY C_ a x HIGH GNC. r�L / ASPHAIJ PAR fNt_, I / \\ SP 74 VI I I 2 BENCHES: -. r ° • ®/ U1J • 5n.•: R}I f POLES O ._,� -CDNC. WALL �j E �.'��.. .-13' P'L' PII'Ii 6� ,,\ a,w i /BRICIC/CONC. �i c� o o LP WR I I : (N L. = 3. ?' / P.AMP ***- -- .iii — ° o 75 A Ed I I ®/ ° • ° 3 BRICK R I 11 l I 41 40 S1C1, C C.OV. BRICK TCPS , 9, W / / 76 I I 1� 77 �-yy nn L_ SP SP RECLAIMED , C ' z ' 17Ll1G. D) PPE ► , . o '� a^ we WR 1�^ rcc rrra -j- 1 WATE • ,- II PVl'YIPN' INV. 1:1.1 .= 3.. fi�F- �----------------------- - - - - -- � • I I.NV. L•L. =].1J' iI [r\° L•LGV. 3. 14- fJ �`�t_i_ DRAIN / METE g z 1 PIPE f Q 0i - -- = L� —�= ---- ---------- - - - - -- 1,R.41N y —_= ___ —___ � -- - - - -1z ^Pvc u INV. EV. =1.81' POOL PUt •� r = _ _ - T T _ 72 x4 OAL ^I {FLOW a / �7 p z r. ' ♦ V r) w w t+ ,ry ON G, b 5 R•E%�� I PIPE VALVES --_ • SPA <� :: k / * , I INV. ELEV = 3 55' PIPE -/ h / m WATER • y�or / ° > 1 • 14 a I 1B E:TNi.vG BCUy^,. ( a. TSSL/ %B) I Irnr.Elr_v. =a.ss' VALVE It / %�I}LAG V STC�R 3r o — r I LINE A80VE I T',''; �.) I LP . 1 ' — FC CONC, PARKING DECK - -- -- -- - - - - -- FIRE CHECK- . pp ° _ _ a TELECOM � � PIPE ;'�'�<�. o-, L 15 - - - - -- � -- -- - -- -- - - -- - 32 35 I VALVE / - % � BOX EV. =1/ r $P FI E VALUE h o DRAIN , r SP 28 / _ o t COW. PA Tf[NG SP Q S •• o / // IN BEDLr, _ N[ BATE • $P r ' &`l. 38 39 /0 9 �, �� I•� 17'' o o — 0 0 0 0 0° SP SP Lri SP SP' SP�G� P� 16 ti /r oo 0 0 0 o h o0o ao 0o / al -f:, no, // w 11 CGV. BRICK �; (�� SP S � e•L. G I.ET ¢,_ o o e� ° o ° o '.� i I ' 7 " I /,/ Gx ar 3 DECO-/ L:anc. S12 °34'30 "W325.00'(P) ro \ fir l SP WALL f� "� S12034�30 "W 19 20 21 22 23 24 25 26 27 29 30 3/ 33 34 35 34 b4 ; / ,� SI H Z' G 24� �) SP SP SP SP SP j SP SP SP SP SP. SP SP SP SP SP SP 4 / SP 3 '°► c ' EX POOL / n Ir 5 6 rO REMAIN �^1 n. 97 i SP 5P Q -TREES STORM DRAIN ,' 7 B :*' - - -- -- — -- ND IA // M }I —� — -- -- / // A' I, T P LEGEND - SP SP /) N �5a" L x,srl*r \viKIr> rlucr: 13GY: - ' r ;' • , METAL -/ a/` POLE `:, l �._�r, °C.1. WATF_l;' X1.12 34'30 "E. (L) 217.27'(L)I(C) / MAIN HARBOR VIEW GRANDE A CONDOMINIUM ]VOT RECORDED s CLEAR WATER (ar/ T!i =SABLE PALMETIV (WR) = WA.SMVCTION XOBUSTA (0/0 =OAK (f'C) O = MCUS i wa r r ► r ORIGINAL RECEI1 mAy i 1 2007 pI TY Of C EAR A E T C r% i i I i 'J BACKFLOW b VALVES / I -CiA c 0.15 1 CURB /1._ �GWS DIVE, HARBOR VIEW GRANDE A CONDOMINIUM ]VOT RECORDED s CLEAR WATER (ar/ T!i =SABLE PALMETIV (WR) = WA.SMVCTION XOBUSTA (0/0 =OAK (f'C) O = MCUS i wa r r ► r ORIGINAL RECEI1 mAy i 1 2007 pI TY Of C EAR A E T C r% i i I i 'J I N:? OVERHEAD I 12" METAL CONCRETE POWER POLE LIGHT POLE MANHOLE TYPICAL SIDEWALK CHAINLINKFENCE FIRE HYDRANT CONCRETE SLAB ELEVATION VERTICAL SANITARYSEWER TRAFFIC SIGNAL PIPE ELEVATIONS BASED ONN.A. V.D. DATUM LINES INV. ELEV. =1.39' SAN MH II /IN:VELEV. /STORM TYPE OF SURVEY: LAND OR BOUNDARY USE: SITE PLAN JOB NO. 05 -0548 METAL DRAIN ' ' IPE =1.29 - - IGNAL TtSTO: BOX TRAFFIC 8 T ' g "T SIGNAL �• / OLE EV =1.4� 12" METAL . E LEV_ 1 �`- — — _40` PIPE - -- - -- - - INV. ELEV. =1 39' • WAE SIGNAL / Vim' BOX 1 WATER VALVE 12" METAL PIPE INV. ELEV =1.39' ' c. /, • O V 8 "CWATER 8" TAL N PIPE LEV. =1.25' p CONC. BUS / �3 y' • SAFETY im' STOP W/ POSTS 2 BENCHES 16" CL WAT 9 O AMIN W/ E Q11 UPT AT M ELEV. =1.30' 'FRALT P G 4 PVC - IPE ELEV. = 2.45' OT 11 12" METAL PIPE INV. ELEV. =1.39' SECTION 8, TOWNSHIP 29 SOUTH , RAGE 15.EAST 12" METAL 2,, CONC—,, PIPE • Ob TA . ELEV. = 0.31' UTILITY ER BOXES SAN MH j 6" CLAY GAS LINE PIPE 4" METAL INV. E V. = 0.53'q WATER PIPE q O VALVEZ _ DR N hO .., � °`• 60' RIGHT OF.- WATER a 3" ME AL PIPE � VALVE •III s h� ASPH';ALT PAVE& • T STO I �j� �J• 8" CLAY q Q WATER DRAIN I //\ PIPE 4 ' \ VALVE �% TNV. F.T.F.V = 0.4R' I! _.._ 2' C.. CURB GAS PRESSURE -VALVE i BASIS OF FIELD BEARINGS WATER EASTERL Y RIGHT OF- jVA Y VALVE, LINE GAS VALVE a, =r R B�' -VA 7'El =N' OX 16 CUT. • • • • - C/S 6" VCP SAN. AMIN U �� SIGN •. ELEV. = -0.01' : SIttLt� I SPRINKt.ERR' SAN ,I. •LV GAS sPOLE SIGN• ��1i ------- - - -h -- h• h• h• �`' ____-�- ____ �__ __ - - - - - -- � 03/15/1 DATE: SHC`IrION 8, 9rOWNSHIP 29 SOUTH, RAlN01E 1-5 F, Srr, 1EaI THE S COILT Y, 1FI ORIDA I / � ooh �v OJv o � 4 �b ti O / a h LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP - 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF LOTS 4, 5, 6, 7 AND 8 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA CONTAINING 39,000 SQUARE FEET, OR 0.8953 ACRES MORE OR LESS. 1 1 REVISE BOUNDARY & LEGAL DESCRIPTION No: __ REVISIONS DOCKSIDF, CONDO( 11--TI TM, I EC 445 7[3[A.MDEN DRI[VIE CEJEA]ES. W.A11L IER BEACH, FL. 3376'j MARK JENSEN & BAK FULVIO DiVELLO, AS TRUSTEE OF BY: THE DIVELLO LAND TRUST HAMDEN DRIVE CLEARWATER HARBOR UNRLAT TED NOTES: 1. BEARINGS AND DISTANCE SHOWN HEREON ARE BASED ON THE WEST LINE OF LOTS 4 -11, OF BAYSIDE SUBDIVISION No. 5,; ACCORDING TO THE MAP OR PLAT THEREOF, HAVING A BEARING OF NORTH 12 034130" EAST. 2. THIS IS A BOUNDARY SURVEY ONLY, NO BUILDINGS OR IMPROVEMENTS SHOWN PER CLIENTS REQUEST. 3. THERE MAY BE ADDITIONAL RESTRICTIONS NOT SHOWN ON THIS SURVEY. 4. ATTENTION IS DIRECTED TO THE FACT THIS SURVEY MAY HAVE BEEN REDUCED OR ENLARGED IN SIZE DUE TO REPRODUCTION. THIS SHOULD BE TAKEN INTO CONSIDERATION WHEN OBTAINING SCALED DATA. 5. NO UNDERGROUND UTILITIES, UNDERGROUND ENCROACHMENTS OR UNDERGROUND FOUNDATIONS WERE MEASURED AS PART OF THIS SURVEY, UNLESS OTHERWISE NOTED. 5. FLOOD ZONE INFORMATION: COMMUNITY PANEL No.: 125096 0102 G & 125096 0104 G REVISED MAP No. 12103CO102G & 12103CO104G FLOOD ZONE: ZONE AE(EL.11 & 12) REVISED MAP DATE: SEPTEMBER 03, 2003 KLEIN & S .1L.AUB SURVEYING, EYIN`Ll +9 INC. PROFESSIONAL SURVEYORS AND MAPPERS 8016 OLD COUNTY ROAD No. 54 NEW PORT RICHEY. FLORIDA 34653 OFFICE: 727-834-8140 FAX: 727-834-8150 LB 6928 I.) <!►� I sx-Tl,"%7 IEF..0 50 ASE. 1�� 0 20 40 10 FND. = FOUND FN /D = FOUND NAIL AND DISK 0.7'x3.0' CONC. I BLOCK WALL Mrl � o mc E:-_i rnr- z z� `i-< d --7 LEGEND: CONC. = CONCRETE (D) = DEED FCM = FOUND CONCRETE MONUMENT FND. = FOUND FN /D = FOUND NAIL AND DISK ID = IDENTIFICATION LB = LICENSED BUSINESS (P) = PLAT P.B. = PLAT BOOK PG. = PAGE PLS = PROFESSIONAL LICENSED LAND SURVEYOR P.O.B. = POINT OF BEGINNING PSM = PRESSIONAL SURVEYOR AND MAPPER RLS = REGISTERED LICENSED SURVEYOR SCIR = SET CAPPED IRON ROD (5/8 "), LB 6928 NOT VALID W1 OF A i PILL W� 's JANUARY 049 2006 03/15/07 AND ORIGINAL RAISED SEAL IVEYOR AND MAPPER 1 (� 301 DOCK `I r SETBACK LINE I P.B. 31, PG. 16 I I 1 �t 1 1� ORIGINAL RECEIVED APR C. 2 2007 pLANNING DEPARTMENT CITY OF CLEARWATEP SCALE: FIELD BOOK: 1" =20' 1 99176 DRAWN BY: (PAGES: BAK 34 -36 CHECKED BY: TCM JOB No.: SHEET o.: 060001.2 1 OF 1 LEGAL DESCRIPTION LEGAL DESCRIPTION: (ATTACHED DWELLINGS) A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF LOTS 4, 5, 6, 7 AND 8 OF COLUMBIA SUBDIVISION No. 5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA CONTAINING J9,000 SQUARE FEET, OR 0.8953 ACRES MORE OR LESS LEGAL DESCRIPTION: (OVERNIGHT ACCOMMODATIONS) LOTS 9, 10 & 11, COLUMBIA SUBDIVISION NO. 5, ACCORDING TO THE MAP THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 16, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, ALSO THAT UNPLATTED PART OF GOVERNMENT LOT FOUR OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, A OOD ZONE INFORMA TION THE ABOVE DESCRIBED PROPERTY LIES WITHIN FLOOD ZONE "AE" EL. 10' -1 1 ' PER FLOOD INSURANCE RATE MAP 1251270191 G MAP REVISED: 0910312003 SUR V.P. Y INFORMA TI SURVEY INFORMATION PROVIDED BY A SIGNED & SEALED SURVEY BY: LAUREN R. PENNY, R.L.S. #4931 FLORIDA REGISTERED SURVEYOR DA TED: 0512312005 ITE DATA j EXISTING OVERNIGHT REQUIRED OVERNIGHT: EXISTING REQUIRED OVERALL ACCOMMODATIONS ACCOMMODATIONS ATTACHED DWELLINGS ATTACHED DWELLINGS SITE TOURIST TOURIST TOURIST TOURIST TOURIST ZONING: RFH RFH RFH ; RFH LAND USE: RFH OVERNIGHT ACCOMMODATIONS OVERNIGHT ACCOMMODATIONS ATTACHED DWELLINGS ATTACHED DWELLINGS OVERNIGHT ACCOMODATIDNS USAGE: I ATTACHED DWELLINGS 38, 954 S.F. 38, 954 S F. 39, 000 S F. 39, 000 S. F. LOT AREA: I 77,954 S.F. 0.894 AC. 0.894 AC. 0.895 AC. I 0.895 AC. 1.789 AC. DENSITY 62 UNITS ` 44 UNITS 31 UNITS 26 UNITS 62 O.N.A. 69.35 UNITS /ACRE 50 UNITS /ACRE 34.63 DU /ACRE 30 DU /ACRE 31 D/U BUILDING COVERAGE: 4,864 S.F. I 14,105 S.F. 18,969 S.F. (S. F. & % OF GROSS SITE) 12.5% I i . - -- ; 4% ' I ..I.. 36 1% 2.3I GROSS FLOOR AREA (S. F. 22,760 S.F. i 86,583 S F. 109,343 F.A.R.. y 0.58 - -- 2.2 ; - -- 1.4 FRON j; 8.5 (S) 15 S 15' (W� ' I 0 (W) 15' (W) 5.9 (W) ) i I BLDG. 0' (N) I 10 (N) 30 (N) o f ' (N ) SETBACKS. SIDE: 2.5' f O Ol S 10'(S) REAR. - -- - -- 6.9' (E) 20' (E) BLDG. HEIGHT. 67' 50' 67' 50' PAVED VEHICULAR USE AREA: I (V. U. A.) 19, 650 S.F. i — -- 14, 488 S. F. - -- 34,138 S.F. IMPERVIOUS SURFACE RATIO: i 33,858 S. F. 0.95 36,505 S.F. ',• ( 70, 363 S.F. 0.87 0.94 E D. 95 .90 .... .. ...... ... �. -. .. .... -_..._ .._._.... _. ._._. .. _. .. .. ..__.... ... ..._.... j ...__. ..._ .. _. - - _. .... _., _.. _._ .. ... -. . __. - ....... .. .. _. _. -. ... _... .- .... .. ._ ... _....,- J OPEN SPACE: ' 5,096 S.F. i 2,495 S.F. Sg° 5/ 7,564oS•F. (S. F. & % OF GROSS SITE) i 13.08% 6.4% 10� PARKING LOT INTERIOR LANDSCAPING: ? 515 S.F. 1,965 S.F. 546 S.F. 1,484 S.F. 1,061 S.F. 10% OF V. U.A. ' 2.6% ; 10% OF V. U. A. o 0 ( � s J. 10/ OF V. U.A. 3.1 PARKING: 53 1 /UNIT 72 2 1UNIT 124 REQUIRED 62 62 126 PROVIDED PARKING CALCULATIONS: 31 ATTACHED DWELLINGS. 31x2 = 62 PARKING ON THE ATTACHED DWELLING WILL BE SHARED WITH THE HOTEL LOT (APPROVED THRU FLD2005.05051) 62 OVERNIGHT ACCOMODATIONS: 62x1 = 62 LEGEND Revisions: No, Date Des!j i tion___, __5 04/07 PER DRC ,O EXIST. ELEVATION EXIST. CONTOUR { t NEW ELEVATION +10.00 NEW CONTOUR ®10® EXIST. STORM SEWER NEW STORM SEWER NEW UNDERDRAIN ® ® ® ® ® ® ® ® ® ®® EXIST, SAN. SEWER NEW SAN. SEWER I row" EXIST. WATER SERVICE NEW WATER SERVICE ® ® ®®®® ®®® NEW INLET NEW SAN. MANHOLE NEW CLEAN— OUT(C.O.) ® ®0 NEW BUILDING AREA i. %i i ±_i.i ii. i i:` i.l.a:_'. i.` 1 =1 ;. i NEW ASPHALT NEW CONCRETE TEMP. SILT BARRIER POINT OF CONNECTION OF NEW UTILITY TO EXIST. M METER B. F. P. D. BACKFLOW PREVENTION DEVICE F.H.A. FIRE HYDRANT ASSEMBLY F.D.C. FIRE DEPARTMENT CONNECTION T.B.O. TEMPORARY BLOW —OFF T. &V. TAP AND VALVE ORIGINAL RECEIVED MAR 0 3 2000 PLANNING DEPARTMENT CITY OE CLEARWATER ����11�1 ►A��i'wv; . ao o 7% - ONo l'), , . NES Comm.: 2007.P Drawn By: B.J.V. Checked By: H.G. [issue Date: 03/28/07 Revisions: No, Date Des!j i tion___, __5 04/07 PER DRC 0 0 0 A - A THIS DRAWING IS AN INSTRU NT e'%'SL`R�/16E �l!��WWqq-'Sjj�L *ff�m NilI PROPERTY DF THE ENGINEER, AND SHALL NOT E' RT bUGEQ'i2b$LTSHE QQ�� 11SANY WAY WITHOUT THE CONSENT OF THE ENGI R.� �? • y- ©COP.I'RIGHP007� NOT PUBLISHED COPIES OF THE AR@''NO ?�''��,gq1t1t7"UNLESS EMBOSSED WITH 1�Q�I�sllifEER'S SEAL OVERHEAD 12" METAL TRAFFIC SIGNAL PIPE INV. ELEV. 4" METAL / _ - _ _ _._— E3 12" METAL '12" METAL PIPE-, PIPE PIPE STORM INV. ELEV. 1.39' DRAIN — — — — -- — — — — — - II METAL CONC. /STORM HA EN DRIVE 97 BASIS OF RI-10 BEAAINGS /DRAIN PIPE-. PIPE 12" METAL il INV. ELEV. O.3T F_A-7Z_,_PNL)` R0-11T---'F--WA'11 ASPUIALTPAVEMENT 0 PIPE -------- _'SIG'NAL 7-- INV. ELEV. 1.29'-- STORM 60 R-R33IT-OF-WAY BOX 8" CLAY CON(:. POSTS UTILITY STORM p 8" ME1`AL_ W/ ELEC. METER-- BOXES DRAIN I PIPE TPJNFFIC PIPE 13" CONC, --INV. ELEV. 0.46' SIGNAL -9'N4ETAL JRE .-UTIL - - --- --------- ----- ---- --- INV. El V. 1.47' -po ST RN411 2 Co -4 P Ac- 12" METAL '10 "INV ELEV. -0.011_ V (j Lu N41-11 0 LITIL W1 POWER SlGN INV. ELEV. i PR. PIPE LE "A. 5, CONC. Siw /6_ INV. ELEV. = 1.391 . .... . E METER Cl1lli • /w ..... ..... I C-LECOKA METAL F`O L E 5'CQNC'. S!W oy(rj 04.01 (Ivlj __N1-2v34"J0V 325. Inm vv POLE SIGNAL BOX F1 OTIL. F I,- POLE iT ----------- - - Lj REMOVE \ \, 'R ("'ON(". DRINTE 110wr, EXISTING, VISIBILITY X SIG CI, 1\1� DRFAIN TRIAIYCLE E '." ItNG / / '�_/ ® ASI 14AI.-T f"ARKING / l ;� RESTRIPE EXISTING ASPHALT PARKING /l_)NC. BUS S-rop vv/ 77',,,77 tit i' TA 2 BENCHES S 'N IG 1 1 1 COV. BRICK F- z ME c FLA( 0 POLE' 1x L r 1. 4r > lr w uj CITE, B03C7 All. .6 /I "I \1 ___ - - __ -I I "I`-- ------ 11 O � WALK x r - - - - ---- r 76' EXISTING po 6" CLAY --- - - - - -- -- — — — — ASPIIAI.T .__ i GAS TANK wj I INV. FI - 0.48 ON CIS WHITE PVC ENCLOSURE 04 NEW I O'X 12 < AS PER CITY STANDARDS t �,,! 1 z - a 12" PVC PLP,E.-. INV EL, 32",Y y- NE '5' WIDE SIDEWALK - ---- -- �.Fyfj. U1. 0 w �,.tW --` IV CITY STANDARDS -SAFFTY ty T W POLEIS %p qov. NE EATING i RAILING AS PER AkEA 313RICFDOT INDEX 187?- �Lp I2I PIPE I I W 4 HIGH 20 3.13' T U, 'T'' H. C. RAMP -114' (BLDIG. B) P ' -E-.-, - - - - - - - - - - - - - - - - - - - INV. E LIT'V = 3 ( III'— NEW H.C. *H . . . . . . 8" PVC PE 1211pVcpIpW DRAIN pli:,F I I INV.EL.=1.1q,-- INV. CLEV. �33. 14- EX 6 STORY i T'113 A V, I DI WA rl�__ _7 tn -LJ- rvc� -- -.-- ---,o 121, PVC \---PIPE REMADV I INV."r,�EV. 1,81- en PIPE--- t-N Co. (D. 0. 1,5SUED INV. ELEV. 3.55' I L-A INV. ELEV. = 3.69' Lp j STOR Y CONC. PARKIING 11, Pvc, DECK PIPE LP L COV, BRl(_`I( ST ASPHA1.1' PARI]NG 0'X20' SIGHT Lc TRIANGLE (TrP.) G&S L.11\,r b (;AS LINIT ASPHAI T PARKI 0.5'CON('. (AJRE N.1234"30"E.(L) 217.27f(L)I(C) 10' STORM SEWER EASEMENT PER O.R. BOOK 3991, HARBOR VIEW PAGE 132 (JR.,4 All E A CONDOMINIUM NOT RECORME, D INV. ELEV. = �e 0 'ONC 1;4 C PARXING EX. RE'rtNT1o,\T DRAIN,' 1'01',1D ------- ---------- ---- W Ij D _GO "W325.00"(P) S12034130 WALL S12034 011W 24.2 F(D) . j,i 7 C� T. • 4 I 0 TJ LX IS 11 NG WOOD DOCX. CL E A R WA TER LE, C;,r!,ND — TEA. (SP) SABLE PALM (WR) = WAStILNGTON PAJ,M (OK) = OAK (/7C) 0 = 1,'ICUS 'I' 0i 170. 00"(P) 170.02'(0) C('.)Nr-. WALL_ SCALE: 1`30' 30 0 15 3 60 THIS DRAWING IS AN INSTR MENT_'%OF S�RM"(;N� 'SM�68,WN,4- PROPERTY OF THE ENGINEER, AND SHALL NOT',BE REPRODI)CM PUBLISHED OR USED IN'ANY WAY WITHOUT THE CONSENT OF THE ENG EE[h-; j40.4VC&'(RiGHT*.20O7-, NOT PUBLISHED AT E OF RAM A. Go 4. ,t o� J 51 COPIES OF Tf4P1Zr'1 KkN Qr '�"k VP ID 1KII rqq I EMBOSSED WITH TH GMlppj W.6JNEER'S SEAL mob U. offz LU P LLJ Q) (on CLJU r L SAN MH -�. i IGNAL - / E3ox- TRAFFIC SIGNAL POLE - SAN PIN \� %CAI WATEE4 /r SIGNAILALVe BOX # / M 8 C. WA-TER at i # �. Y � f J c x T S L .OIVC. BUS poST- ++ = . i9 • /STOP W/ �'' DE 2 BENCHES'- 1 � pi s t e t p SAN h4TI t 6° CLAY PIPE WATER o INV. ELEV. = 0.53' ' WATER WATER t VALVE `✓ALVET GAS VALVE z VALVE t �® HAMDEN DRIVE WATER ® VALVE ..-1— -- -- - - - - - - - - - - -- - - - - - - - - -_ - _ASPH-A- -IJ11- AVFJ '[ENT - :_ - - - -- -_ - - - -�- -- - -- •- - __�- =_ -- - - - -- -`- _ - _ -_ - - _ -- = - == _ �_ -= - __ -__ - _ - -_ 6� 41 -_ 6(' RIGHT-O -IVNI Y WATER Zs !,46"C.1- WA7 7 EF,_ —_-i VALVE FPC ° ! MAIN MH _- — { =__— —_ - --- T- - - - - -- — I7 - -14 -- - - - - -- — a ELEV. = 1.3t3' —�' . SIGN D1 �P PP SPRINKLER - SAN N-TI) 1' R RE P a U ill CONTROL O �6/1LV�__ �_ - - - �, z > i VALVE EX�S'CU�1C. /V -� ----- - -4��: 00' ��- 125;%0' 4 - -- - -0 - �__ -_-. _ t ,- - - - -- - -- - - - - - -- <r i y ► C t C_ONC,. )/�V C? [�1 .i1 4� _NI:. 3413 URF d�0..r?.U+pg {�( 1 �� r T2}L_. -SG3` . _,.sl_..- -.�'•'- r- f mTT 4� 7 #iW Wl Y ,24/ / ... - _ _ . i�T Tl- P .�i - / /on sh 17 DB " ASI EiXIS "INU iIAIJ PARKI 9C7 G TREES EM- _ _--now COMMON CONT IA K^ I L`Ii1S1J.i`�t� D6 9 INV V A51'H:4.I;1" <r:,, PM 1.25' 4" PVC J / PIPE INV. A44 x FLEV. = 2.45' I / SIGN- RECLAIMED 41A WATER ,- MTER # i- i•�°� 2 E BACKh'LOW a "v l O W VALVES ' PMZ /w WATER / 4 VALVE FIRE CHECK- VALVE F4RF VALVE rr I z a a �4' ; fir '✓ / , ��, 9 /12 RA DB w L) F 17 ! 73 D ! SP VS B ,•u -/ L : : McTAL � - LL - :. . :. - POLE / / / ! M . 12 34'30 E" a� I 161 j , L •L IZ E L a� L a, Y �t 1 01 u� LX) L ^J u� h" ) tT (X) I U I r� l? a> C) 0 L i GI Y n u a LL a r` C �i — c.ov. . DMICK U w S STORY U) = (n a cp i-• i 5Ld- h�w � 26 COV. BRICK Da 1 PARKING HARBOR VIEW [% i /jj��lY)■J(}.��[ %jI',j.}r�`4 /1 JAID.�Ii f //T (jj��'/jf .(`�)�4'j74d%../�i7f/%7J �-{.I d/ O�-•. l(/ A' 11R( ''y1/}Y�`-.�yC%/��•7J(T {!-'I\)! AN N. 3 BRICK - STEE'S v rEiE.EvC:c�h1 LF40i / ACCESS FOR LIFT STATION DECO CONC. / WALL Ilk _%' w.. TO f?EMAIN \_` 4 CAD 47,& N ,x'12 °34 3044 24.28'(D) Z/ EXISTING WOOD DUCK L� LANDSCAPE NOTE5 AND DETAILS ON SHEET L 1 .2 EXISTING IRRIGATION UPGRADED TO PROVIDE 100% COVERAGE AND MEET THE CITY OF CLEARWATER STAN DARD5. W14 J7 / i�z BASIS OF FIELD BEARINGS EASTERLY RICI-IT - -OF -WAY LINT - - -- •----- -- - - ---- -�-• - - - -- — - _ 10 C.1. WATER h4ATIN - -- - - - - -- - - - - -- - -- - - -- -- - - -- T CQNC;. CURB SIGN" 9 — 7711111111 1XX/1 - - - - - -- - - - - - -- -- - -- - - -- - -- C L E A R W A T E R xz '+ LEGEND - TREES (SP) = SABLE PALM (WR) WASI-IIN Tc` ON PALM (OK) l� = 0A_K (FC) O = I' ICUS HARBOR PLANT 5CHEDULE Revisions: No. Date Description 5/04/07 TREES CODE QTY BOTANICAL COMMON CONT CAL 51ZE DETAIL REMARKS 0 LG G Ligustrum lucidum Glossy Privet Standard 45 gal 2 "Cal 6' oa 2/L 1 .2 PALM TREES CODE QTY BOTANICAL COMMON CONT CAL SIZE DETAIL REMARKS 0 PM2 2 Phoenix dactylifera 'Medjool' Date Palm B * B Robust 10'ct minimum e rF a 5P G 5abal palmetto Palmetto B * B Robust I O' ct+ SHRUBS CODE QTY BOTANICAL COMMON CONT FIELD2 DETAIL REMARKS _�- D13 I G Dianella tasmanica `Slushy' Varigated Flax Lily I gal v DE 3G Duranta erecta 'Gold Mound' Gold Mound Duranta 3 gal JP 17 Juniperus chinensis 'Parsonii' Parsoni Juniper I gal PP 42 Philodendron xanadu Philodendron 3 gal aPM 9 Podocarpus macrophyllus Yew Pine 3 gal I /L I .2 T +, RA 34 Khaphiolepis indica 'Alba' White Indian Hawthorn 3 gal lzoy 5V 17 5chef /era arboricola 'Trinette" Variegated Arboricola 3 gal WV5 117 Viburnum 5u5pen5um 5andankwa Viburnum 3 gal S HIGH CONC. WALL ORIGINAL RECEIVED MAR 0 6 2000 PLANNING DEPARTMENT CITY OF CLEARWATER SCALE: 1" =30' 30 0 15 30 60 Z M� 2 IL 0 ^� IL v� Q a= '- cF o co Z Id Q �a • Z Z 0 Is iii t4O M V o► Z wk M M d wD A rA O Z • Z i 1� ,d Q 1`Y �Q ® W3 VM V Q EB #5936 U) W CL Q to Z Q BUTLER DESIGN GROUP, INC GOLDEN RAIN NURSERY, INC. 4203 46TH AVE. N. ST. PETERSBURG, FL. 33714 H 727 - 521 -1684, FAX: 727 - 527 -7422, E- MAIL:RONSPLANS ®TAMPABAY.RR.COM DRAWN BY: RON BELKO ISA Certified Arborist : FL -5802A CHECKED BY: CHUCK BUTLER ISA Certified Arborist : FL -1235A I Ll m I F, Date: 03/28/07 Revisions: No. Date Description 5/04/07 PER DRC 2/29/08 PER CITY 0 0 0 U) W CL Q to Z Q BUTLER DESIGN GROUP, INC GOLDEN RAIN NURSERY, INC. 4203 46TH AVE. N. ST. PETERSBURG, FL. 33714 H 727 - 521 -1684, FAX: 727 - 527 -7422, E- MAIL:RONSPLANS ®TAMPABAY.RR.COM DRAWN BY: RON BELKO ISA Certified Arborist : FL -5802A CHECKED BY: CHUCK BUTLER ISA Certified Arborist : FL -1235A I Ll m I WATER WELL: 4" HIGH AT SHRUB, NO WATER WELL AT LAWN AREA. N Z ()-i + oQ< J Q 0 Q oL0- 0 0 QQQ ten. .moo ROOTBALL 2 X ROOTBALL 12" AT 1 GALLON 22" AT 5 GALLON 32" AT 15 GALLON SHRUB PLANTING 1 " = V -0" AERIAL GUY CABLES TO CONNECT TRUNKS: 9 GA CABLE W/ CLEAR P LASTI C COATING THRU 5/8" DIA, RUBBER HOSE TIE. ROOTBALL SEE PLANT PIT DETAIL. STAKING DETAIL PLANTING AT TURF AREAS. KEEP TURF CLEAR FOR A 18" RADIUS CIRCLE AROUND THE TREE. MULCH WITH A 3" THICK LAYER OF SHREDDED BARK. RECESS TURF AREA 1" TO ALLOW FOR MULCH. FINISHED GRADE AT LAWN. Qmm C0 J Ln'. O (0 __j -N� ro M F- f- F- 0 <<< Q 0 ^ ^ ^ ONNN rn BACKFILL MIX, SEE NOTES AND SPECIFICATIONS, PLANT PIT DETAIL SET ROOTBALL CROWN 1 " HIGHER THAN SURROUNDING FINISHED GRADE. SLOPE FINISHED GRADE AT BACKFILL AWAY FROM ROOTBALL. MULCH TO 2" DEPTH AT WATER WELL. r FINISHED GRADE. � t PLANT TABLETS AS NOTED OR SPEICIFIED. BACKFILL MIX, SEE NOTES AND SPECIFICATIONS. NATIVE SOIL MIX FIRMLY COMPACTED. 32 9333.13 -01 "CINCH- TIE ", "GRO- STRAIT ", x x x =1 11 =111: OR EQUAL FLEXIBLE RUBBER 0 + < <00 0 FASHION. ATTACH TO STAKE �- W/ TWO GALV. ROOFING NAILS. x0 m� 2" LODGEPOLE PINE TREATED Q Q TREE STAKES. SET STAKES APPROXIMATELY 120 DEGREES BACKFILL MIX, SEE NOTES AND SPECIFICATIONS, PLANT PIT DETAIL SET ROOTBALL CROWN 1 " HIGHER THAN SURROUNDING FINISHED GRADE. SLOPE FINISHED GRADE AT BACKFILL AWAY FROM ROOTBALL. MULCH TO 2" DEPTH AT WATER WELL. r FINISHED GRADE. � t PLANT TABLETS AS NOTED OR SPEICIFIED. BACKFILL MIX, SEE NOTES AND SPECIFICATIONS. NATIVE SOIL MIX FIRMLY COMPACTED. 32 9333.13 -01 "CINCH- TIE ", "GRO- STRAIT ", OR EQUAL FLEXIBLE RUBBER w o TREE TIES IN FIGURE EIGHT Uj J FASHION. ATTACH TO STAKE �- W/ TWO GALV. ROOFING NAILS. x0 m� 2" LODGEPOLE PINE TREATED Q Q TREE STAKES. SET STAKES APPROXIMATELY 120 DEGREES APART, 00 r- 00 FINISHED GRADE. c0 0 AVOID PLACING STAKES THRU ROOTBALL. Z w 0 w J � Q x 0 O Lo m� ¢¢ 00(0 SET ROOTBALL CROWN 1 1/2" HIGHER THAN THE SURROUNDING FINISHED GRADE. SLOPE BACKFILL AWAY FROM ROOTBALL FOR POSITIVE DRAINAGE. PLANTING AT SHRUB AREAS. KEEP MULCH 6" - 8" FROM BASE OF TREE. MULCH WATER WELL AREA TO 3" DEPTH. 6" HIGH WATER FIN KWELL AT SHRUB AREAS. T ISHRUUBSRAD ROOTBALL 2X ROOTBALL 32" AT 15 GALLON 48" AT 24" BOX 60" AT 30" BOX 72" AT 36" BOX TREE PLANTING MULTI -STAKE PLANT TABLETS AS NOTED OR SPEICIFIED, NATIVE SOIL MIX FIRMLY COMPACTED. 32 9343.23 -03 6' - 8' O O c w oll, 1 " X 4" Horizontal Wood Members or Approved Substitute Barriers Placed at Protective Radius 2 /3rd's dripline for hardwoods (6'min) full dripline for pines (6'min) TREE BARRICADE DETAIL N.T.S. w w� Li ~o Q> C7 ( i o F in v r STAKING DETAIL PLANTING AT TURF AREAS. iJ ROOT BALL 16" KEEP TURF CLEAR FOR A 18" RADIUS CIRCLE AROUND THE TREE. MULCH WITH A 3" THICK LAYER OF SHREDDED BARK. RECESS TURF AREA 1 " TO ALLOW FOR MULCH. FINISHED GRADE AT LAWN. ro -1 0 0 x + J LC) "t M Q F O aQa a O - - - ON N N O BACKFILL MIX, SEE -� NOTES AND SPECIFICATIONS PLANT PIT DETAIL 2" x 2" Vertical Wood Stakes DOUBLE STAKE WITH WIRE: #12 GALVANIZED WIRE THROUGH THE_ EYE OF "CINCH-TIE" RUBBER - ,SUPPORT. 2" DIAMETER,,LODGEPOLE PINE TREATED TREE ,STAKES. SET PERPENDICULAR TO PREVAILING WIND. REMOVE NURSERY STAKE BY THE END OF MAINTENANCE. 1X3 CROSSTIE, AVOID RUBBING INJURY TO TRUNK. BACKFILL PLANTING AS PER PLANTING DETAIL. AVOID DAMAGE TO THE ROOT BALL WITH THE SUPPORT STAKES. SET ROOTBALL CROWN 1 112" HIGHER THAN THE SURROUNDING FINISHED GRADE. SLOPE BACKFILL AWAY FROM ROOTBALL FOR POSITIVE DRAINAGE. PLANTING AT SHRUB AREAS. KEEP MULCH 6" - 8" FROM BASE OF TREE. MULCH WATER WELL AREA TO 3" DEPTH, 6" HIGH WATER WELL AT SHRUB AREAS. IIIAT FINISHED SHRUUBS. ROOTBALL 2X ROOTBALL 32" AT 15 GALLON 48" AT 24" BOX 60" AT 30" BOX 72" AT 36" BOX TREE PLANTING DOUBLE STAKE 1" = 1' -0" PLANT TABLETS AS NOTED OR SPEICIFIED. NATIVE SOIL MIX FIRMLY COMPACTED. 32 9343.19 -03 HABITAT MANAGEMENT AND LANDSCAPING PERMITS: 1, A HABITAT MANAGEMENT AND LANDSCAPING PERMIT IS REQUIRED FOR THE DEVELOPMENT OF THIS PROJECT. APPLICATION SHOULD NOT BE MADE UNTIL FINAL ADMINISTRATIVE APPROVAL HAS BEEN GRANTED. a. AN APPLICATION AND AN EXTRA COPY OF THE APPROVED FINAL APPLICATION PLAN MUST BE SUBMITTED TO THIS DEPARTMENT IN ORDER TO PROCESS THE PERMIT. b. ALL EXOTIC SPECIES, I.E., BRAZILIAN PEPPER (SCHINUS TEREBIN- THIFOLIUS), PUNK TREES (MELALEUCA QUINQUENERVIA), AND CHINESE TALLOW (SAPIUM SEBIFERUM) MUST BE REMOVED AS A CONDITION OF SITE DEVELOPMENT. WHERE NECESSARY DUE TO THEIR PROXIMITY TO PROTECTED PLANT MATERIAL, HAND REMOVAL WILL BE REQUIRED. SHOULD THIS REMOVAL BE TO A DEGREE THAT A POTENTIAL FOR EROSION IS CREATED, THE AREA MUST BE RESTABILIZED WITH SUITABLE MATERIAL. c. ONCE FINAL ADMINISTRATIVE APPROVAL (FAA) HAS BEEN GRANTED, A BARRICADE INSPECTION CAN BE SCHEDULED. WHEN THE BARRICADES HAVE BEEN APPROVED THE PERMIT CAN BE TYPED AND RELEASED. TREE PROTECTION AND PRESERVATION: TREE BARRICADES AND EROSION CONTROL MEASURE REQUIREMENTS: 1. TREE BARRICADES AND /OR SILT SCREENS OR HAYBALES SHALL BE REQUIRED ALONG THE EDGES OF VEGETATED AREAS TO BE PROTECTED PRIOR TO THE ISSUANCE OF HABITAT MANAGEMENT AND LANDSCAPE PERMITS. THE LOCATION FOR EROSION CONTROL MEASURES ARE SHOWN ON THE CONSTRUCTION DRAWINGS. 2. ALL DESIRABLE TREES MUST BE RETAINED WHEREVER POSSIBLE. IT WILL BE REQUIRED THAT PROPOSED IMPROVEMENTS (i.e. BUILDINGS, WALKWAYS, DRIVEWAYS, POND BANKS, DRAINAGE SYSTEMS, ETC.) BE ADJUSTED TO RETAIN DESIRABLE TREES. GRADE CHANGES MUST BE SENSITIVE TO TREES REMAINING. IN GENERAL, NO GRADE CHANGES SHOULD OCCUR WITHIN THE CANOPY DRIP LINE OF PINE TREES AND 2/3 THE CANOPY DRIP LINE OF HARDWOOD TREES TO BE SAVED. LANDSCAPING 1. EACH LANDSCAPING AND REPLANT TREE MUST BE PLANTED WITHIN A MINIMUM FIVE (5) FOOT BY TEN (10) FOOT OPEN SPACE PLANTER WITH SUITABLE GROUND COVER. LANDSCAPE TREES MUST BE PLANTED IN SAME VICINITY AS VEHICULAR USE AREAS IN ORDER TO BREAK THE MONOTONY OF UNBROKEN EXPANSES OF PAVING. TREES MUST NOT BE PLANTED WITHIN MAINTENANCE EASEMENTS. 2. THE USE OF XERISCAPE DESIGN MUST BE UTILIZED FOR THE REQUIRED LANDSCAPE DESIGN. THE DESIGN DEMONSTRATES THE USE OF A LOW VOLUME IRRIGATION SYSTEM, ORGANIC MULCHES, DROUGHT AND COLD TOLERANT PLANT MATERIAL, ZONING OF PLANT MATERIAL BY WATER REQUIREMENTS, SOIL AMENDMENTS (IF NECESSARY) AND THE PRACTICAL USE OF TURF. 3. NEW LANDSCAPING MUST BE PROTECTED FROM VEHICULAR MOVE- MENT BY WHEEL STOPS, OR CURBING. WHERE POSSIBLE, THE AREA BETWEEN THE BARRIER AND LANDSCAPE MATERIAL SHOULD REMAIN AS GREENSPACE. 4. LARGE TREE SPECIES PROPOSED FOR INSTALLATION MUST BE A MINIMUM OF 20 FEET AWAY FROM BUILDINGS, SIGNS, FENCES, LIGHT POLES, UTILITY LINES AND ANY OTHER OBSTRUCTIONS THAT MAY IMPAIR NATURAL GROWTH. 5. TREES PROPOSED FOR INSTALLATION MUST NOT BE IN CONFLICT WITH PROPOSED OR EXISTING UTILITY LINES OR STRUCTURES, EASE- MENTS OR OTHER AREAS WHICH MAY REQUIRE EXCAVATION IN THE EVENT OF SYSTEM FAILURE. THESE FEATURES SUCH AS THE WATER LINES MUST REMAIN OUTSIDE THE 5' X 10' PLANTER AREA. 6. SOILS WITHIN PLANTER BEDS MUST BE SUITABLE FOR PROPOSED PLANTED MATERIAL WITH REGARDS TO pH, SOIL TEXTURE, SOIL STRUCTURE, AND SEASONAL HIGH WATER TABLE. 7. ALL LANDSCAPE MATERIAL MUST BE FLORIDA GRADE #1 OR BETTER, 8. ALL ACCENT TREES MUST BE A MINIMUM OF 8' HIGH, 2" CALIPER AT TIME OF PLANTING, 9. ALL HEDGES MUST BE 24" HIGH AT THE TIME OF PLANTING, PLANTED AT 36" ON CENTER, AND BE MAINTAINED AT A MINIMUM OF 3' IN HEIGHT. 10. WHERE LANDSCAPE OR REPLANT TREES ARE PROPOSED TO BE PLANTED IN THE PERIMETER BUFFER, THE BUFFER MUST BE A MINIMUM OF 5' WIDE. IRRIGATION NOTES 1. SHALLOW WELLS, OPEN SURFACE WATER BODIES, OR RECLAIMED WATER MUST BE USED AS A SOURCE OF IRRIGATION WATER. THE DIST- RIBUTION SYSTEM FOR IRRIGATION MUST NOT BE CONNECTED TO COUNTY OR MUNICIPAL WATER SOURCES, UNLESS IT CAN BE DEMON- STRATED THAT THESE SOURCES ARE NOT AVAILABLE. 2. IRRIGATION SYSTEMS MUST UTILIZE LOW VOLUME DESIGNS SUCH AS LOW TRAJECTORY HEADS OR SOAKER HOSES TO PROVIDE DIRECT AP- PLICATION AND LOW EVAPORATION. SYSTEMS THAT OVERSPRAY AREAS THAT DO NOT REQUIRE IRRIGATION, SUCH AS PAVED AREAS WILL NOT BE ACCEPTABLE. HIGH IRRIGATION NEED AREAS MUST NOT OVERSPRAY LOW NEED AREAS. 3. HIGH WATER DEMAND LANDSCAPE AREAS SUCH AS TURF MUST BE SERVED BY A SEPARATE IRRIGATION ZONE THAN LOW WATER NEED PLANTER BEDS, OR MULCHED AREAS WITH TREES. IN NO CASE, SHALL ANY PLANTED VEGETATION AREA BE MORE THAN 50' FROM A WATER SUPPLY HOSE BIBB. 4. AUTOMATIC IRRIGATION SYSTEMS MUST BE OPERATED BY AN IRRI- GATION SYSTEMS OPERATED BY AN IRRIGATION CONTROLLER CAPABLE OF DIFFERENTIATING BETWEEN THE SCHEDULES OF HIGH AND LOW WATER DEMAND AREAS. CONTROLLERS MUST HAVE MULTIPLE CYCLE START CAPACITY AND A FLEXIBLE CALENDAR PROGRAM ABLE TO BE SET TO COMPLY WITH LOCAL OR WATER MANAGEMENT DISTRICT IMPOSED RESTRICTIONS. 5. AUTOMATIC IRRIGATION SYSTEMS MUST BE EQUIPPED WITH RAIN SENSOR DEVICE OR SWITCH WHICH WILL OVERRIDE THE IRRIGATION CYCLE OF THE SPRINKLER SYSTEM WHEN ADEQUATE RAINFALL HAS OCCURRED. FGAN ION NOTES (CONTINUED) TION CONTRACTOR SHALL PROVIDE AN UNDERGROUND IRRI- TEM TO COVER 100% OF ALL ON SITE PLANTING AREA. M SHALL CONTAIN BUT NOT LIM ITED TO THE FOLLOWING: 1. UNDERGROUND PIPING, SHALL BE PVC SCHEDULE 40 OR BETTER. 2. SEVEN (7) DAY PROGRAMMABLE TIME CLOCK TO ACTIVATE ZONES. 3. SPRINKLER HEADS COMPATIBLE WITH THE TYPE OF PLANTING. 4. ELECTRIC VALVES. 5. GAUGE 14 OF COPPER WIRE. 6. FIBERGLASS OR PLASTIC ZONE VALVE BOXES. WHERE PIPING IS UNDER DRIVEWAY AND CONCRETE WALKS, THE PIPES SHALL BE INSTALLED IN SCHEDULE 40 SLEEVES 18" BELOW GRADE. MATERIALS SUPPLIED SHALL BE EQUAL TO THOSE MANUFACTURED BY RAIN BIRD CO. OR APPROVED EQUAL. THE CONTRACTOR SHALL SUBMIT A SYSTEM LAY -OUT ALONG WITH CATALOG SHEETS OF ALL COMPONENTS IN THE SYSTEM TO THE OWNER FOR APPROVAL PRIOR TO INSTALLATION. THE ENTIRE SYSTEM SHALL BE GUARANTEED BY THE CONTRACTOR FOR ONE YEAR FROM THE DATE OF ACCEPTANCE BY THE ARCHITECT/ ENGINEER. ANY AND ALL USE OF HOSE BIBBS IN ASSOCIATION WITH NON- POTABLE WATER SUPPLIES SHALL BE IN FULL COMPLIANCE WITH SBCCI STANDARD PLUMBING CODE, CHAPTER VI CRITERIA REFERENCE COLOR CODING OF ABOVE GRADE RISER PIPING AND LABEL /TAGGING OF OUTLETS AS NON- POTABLE WATER SUPPLY. ANY BUILDING TO BE DEMOLISHED IS SUBJECT TO NOTIFICATION TO THE AIR TOXICS SECTION OF THE COUNTY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT PRIOR TO ANY DEMOLITION OF BUILDINGS. XERISCAPING 1. ORGANIC MULCHES AND /OR DROUGHT TOLERANT GROUNDCOVERS WITHIN PROPOSED LANDSCAPE PLANTER BEDS. 2. DROUGHT AND COLD TOLERANT PLANT MATERIAL. 3. GROUPING OR ZONING PLANT MATERIAL BASE ON SIMILAR WATER REQUIREMENTS AND THE LOCATION OF PROPOSED IRRIGATION WATERING SYSTEMS. 4. THE USE OF SOIL TESTING TO IDENTIFY SOIL CONDITIONS NECES- SARY FOR THE CONTINUED SURVIVAL OF PROPOSED LANDSCAPING. 5. ORGANIC SOIL AMENDMENTS (SUCH AS TOP SOILS, MANURE'S, PEAT AND COMPOSTED MATERIALS) MIXED EXISTING SOILS WITHIN LANDS- CAPING PLANTER BEDS TO DEPTHS CONSISTENT WITH THE ROOT DEPTH OF PROPOSED PLANTED MATERIAL (USE ONLY IF EXISTING SOIL CONDITIONS WARRANT THESE AMENDMENTS). 6. THE PRESERVATION AND INCORPORATION OF EXISTING PLANT COMMUNITIES ON SITE INTO THE LANDSCAPE PLAN. 7. THE MINIMAL USE OF TURF GRASSES WHICH REQUIRE FREQUENT IRRIGATION, 8. LOW- MAINTENANCE DESIGN. TREE & SHRUB PLANTING DETAILS 1. THE ROOT MASS FORM OF EACH TREE PROPOSED FOR INSTALLATION SHALL BE BALLED OR BURLAPPED, BARE ROOT TREES ARE NOT AC- CEPTABLE. ALL NONBIODEGRADABLE WRAPPINGS WILL BE REMOVED AND BURLAP WILL BE FOLDED DOWN TO ENHANCE WATER ABSORPTION. IF WIRE BASKETS ARE USED IN CONJUNCTION WITH BALLED AND BURLAPPED TREES. THE FIRST FEW ROWS OF EACH BASKET WILL BE REMOVED AT THE TIME OF INSTALLATION. 2. SUPPORTING APPARATUS SHALL BE REMOVED AFTER 1 COMPLETE GROWING SEASON. ALSO THE FLEXIBLE ATTACHMENTS SHALL BE USED WHERE SUPPORT WIRES ARE WRAPPED AROUND TREE TRUNKS /STEMS TO PREVENT CAMBIAL DAMAGE. 3. PLANTING HOLES ASSOCIATED WITH PROPOSED TREES MUST SLOPE (NOT COMPACTED) AND A MINIMUM OF 18 -24 INCHES WIDER THAN THE DIAMETER OF THE ROOT BALL. TREES SHALL BE INSTALLED SUCH THAT THE TOP OF THE ROOT MASS IS LEVEL WITH THE SURFACE OF THE PLANTING HOLE, TREES SHOULD BE INSTALLED 3 - 5 INCHES ABOVE GRADE ON SITES CONTAINING CLAY. A 2 - 3 INCH LAYER OF ORGANIC MULCH MUST ALSO BE PLACED OVER THE ENTIRE SURFACE OF EACH PLANTING HOLE. TO PREVENT FUNGAL INFECTION MULCH SHOULD BE PULLED BACK A FEW INCHES FROM THE BASE OF EACH TREE. 4. IF ON SITE SOIL CONDITIONS ARE SUCH THAT SOIL AMENDMENTS WILL BE NECESSARY, THE PLANTING MUST INCLUDE SOIL MIXTURE THROUGHOUT THE ENTIRE SECTION OF EACH PLANTER AREA TO A DEPTH CONSISTENT WITH THE ROOT DEVELOPMENT OF PROPOSED PLANT MATERIAL. 5. PLANTERS ADJACENT TO OR WITHIN VEHICULAR USE AREAS MUST BE CONSTRUCTED SUCH THAT LIMEROCK, ASPHALT, CONCRETE OR ANY OTHER OBSTRUCTIONS DO NOT EXTEND UNDER THE SURFACE INTO THE PLANTING AREAS. 6. THE PRACTICE OF TREE TRUNK WRAPPING AND THE APPLICATION OF PAINTS /TAR ONTO PRUNED TREE BRANCHES IS NOT RECOMMENDED BY THE INTERNATIONAL SOCIETY OF ARBORICULTURAL. 7. PLEASE NOTE THAT THE USE OF FERTILIZERS DURING PLANT INSTALLATION IS NOT APPROVED. SCIENTIFIC EVIDENCE INDICATES THAT FERTILIZATION (SPECIFICALLY, THE APPLICATION OF NITROGEN) OF TREES /SHRUBS WITHIN THE FIRST GROWING SEASON INHIBITS ROOT GROWTH. THE LANDSCAPE BUFFER STRIP MUST BE CONSTRUCTED SUITABLE FOR PLANT MATERIAL INSTALLATION. Z �� 2 MV VO V �d la 043 Z 1%x w aV WW ® pip Z J 04 .. �a Z LU P* i.i Z 0 a ONZ ` W O Q M V 0► 3 G N Z �'" � W � oit Z h� Ck ma aW ma O >4 WW3 d vQ B #5936 0 in L�J Q L6 W a co 06 co r BUTLER DESIGN GROUP, INC GOLDEN RAIN NURSERY, INC. 4203 46TH AVE. N. ST. PETERSBURG, FL. 33714 H 727 - 521 -1684, FAX: 727 - 527 -7422, E- MAIL:RONSPLANS�TAMPABAY.RR.COM DRAWN BY: RON BELKO ISA Certified Arborist FL -5802A CHECKED BY: CHUCK BUTLER ISA Certified Arborist FL -1235A �1 �o Lin o CO) M O � V ° LA. Oq ° W P, 0a Wo J q i Cj TREE BARRICADE DETAIL N.T.S. w w� Li ~o Q> C7 ( i o F in v r STAKING DETAIL PLANTING AT TURF AREAS. iJ ROOT BALL 16" KEEP TURF CLEAR FOR A 18" RADIUS CIRCLE AROUND THE TREE. MULCH WITH A 3" THICK LAYER OF SHREDDED BARK. RECESS TURF AREA 1 " TO ALLOW FOR MULCH. FINISHED GRADE AT LAWN. ro -1 0 0 x + J LC) "t M Q F O aQa a O - - - ON N N O BACKFILL MIX, SEE -� NOTES AND SPECIFICATIONS PLANT PIT DETAIL 2" x 2" Vertical Wood Stakes DOUBLE STAKE WITH WIRE: #12 GALVANIZED WIRE THROUGH THE_ EYE OF "CINCH-TIE" RUBBER - ,SUPPORT. 2" DIAMETER,,LODGEPOLE PINE TREATED TREE ,STAKES. SET PERPENDICULAR TO PREVAILING WIND. REMOVE NURSERY STAKE BY THE END OF MAINTENANCE. 1X3 CROSSTIE, AVOID RUBBING INJURY TO TRUNK. BACKFILL PLANTING AS PER PLANTING DETAIL. AVOID DAMAGE TO THE ROOT BALL WITH THE SUPPORT STAKES. SET ROOTBALL CROWN 1 112" HIGHER THAN THE SURROUNDING FINISHED GRADE. SLOPE BACKFILL AWAY FROM ROOTBALL FOR POSITIVE DRAINAGE. PLANTING AT SHRUB AREAS. KEEP MULCH 6" - 8" FROM BASE OF TREE. MULCH WATER WELL AREA TO 3" DEPTH, 6" HIGH WATER WELL AT SHRUB AREAS. IIIAT FINISHED SHRUUBS. ROOTBALL 2X ROOTBALL 32" AT 15 GALLON 48" AT 24" BOX 60" AT 30" BOX 72" AT 36" BOX TREE PLANTING DOUBLE STAKE 1" = 1' -0" PLANT TABLETS AS NOTED OR SPEICIFIED. NATIVE SOIL MIX FIRMLY COMPACTED. 32 9343.19 -03 HABITAT MANAGEMENT AND LANDSCAPING PERMITS: 1, A HABITAT MANAGEMENT AND LANDSCAPING PERMIT IS REQUIRED FOR THE DEVELOPMENT OF THIS PROJECT. APPLICATION SHOULD NOT BE MADE UNTIL FINAL ADMINISTRATIVE APPROVAL HAS BEEN GRANTED. a. AN APPLICATION AND AN EXTRA COPY OF THE APPROVED FINAL APPLICATION PLAN MUST BE SUBMITTED TO THIS DEPARTMENT IN ORDER TO PROCESS THE PERMIT. b. ALL EXOTIC SPECIES, I.E., BRAZILIAN PEPPER (SCHINUS TEREBIN- THIFOLIUS), PUNK TREES (MELALEUCA QUINQUENERVIA), AND CHINESE TALLOW (SAPIUM SEBIFERUM) MUST BE REMOVED AS A CONDITION OF SITE DEVELOPMENT. WHERE NECESSARY DUE TO THEIR PROXIMITY TO PROTECTED PLANT MATERIAL, HAND REMOVAL WILL BE REQUIRED. SHOULD THIS REMOVAL BE TO A DEGREE THAT A POTENTIAL FOR EROSION IS CREATED, THE AREA MUST BE RESTABILIZED WITH SUITABLE MATERIAL. c. ONCE FINAL ADMINISTRATIVE APPROVAL (FAA) HAS BEEN GRANTED, A BARRICADE INSPECTION CAN BE SCHEDULED. WHEN THE BARRICADES HAVE BEEN APPROVED THE PERMIT CAN BE TYPED AND RELEASED. TREE PROTECTION AND PRESERVATION: TREE BARRICADES AND EROSION CONTROL MEASURE REQUIREMENTS: 1. TREE BARRICADES AND /OR SILT SCREENS OR HAYBALES SHALL BE REQUIRED ALONG THE EDGES OF VEGETATED AREAS TO BE PROTECTED PRIOR TO THE ISSUANCE OF HABITAT MANAGEMENT AND LANDSCAPE PERMITS. THE LOCATION FOR EROSION CONTROL MEASURES ARE SHOWN ON THE CONSTRUCTION DRAWINGS. 2. ALL DESIRABLE TREES MUST BE RETAINED WHEREVER POSSIBLE. IT WILL BE REQUIRED THAT PROPOSED IMPROVEMENTS (i.e. BUILDINGS, WALKWAYS, DRIVEWAYS, POND BANKS, DRAINAGE SYSTEMS, ETC.) BE ADJUSTED TO RETAIN DESIRABLE TREES. GRADE CHANGES MUST BE SENSITIVE TO TREES REMAINING. IN GENERAL, NO GRADE CHANGES SHOULD OCCUR WITHIN THE CANOPY DRIP LINE OF PINE TREES AND 2/3 THE CANOPY DRIP LINE OF HARDWOOD TREES TO BE SAVED. LANDSCAPING 1. EACH LANDSCAPING AND REPLANT TREE MUST BE PLANTED WITHIN A MINIMUM FIVE (5) FOOT BY TEN (10) FOOT OPEN SPACE PLANTER WITH SUITABLE GROUND COVER. LANDSCAPE TREES MUST BE PLANTED IN SAME VICINITY AS VEHICULAR USE AREAS IN ORDER TO BREAK THE MONOTONY OF UNBROKEN EXPANSES OF PAVING. TREES MUST NOT BE PLANTED WITHIN MAINTENANCE EASEMENTS. 2. THE USE OF XERISCAPE DESIGN MUST BE UTILIZED FOR THE REQUIRED LANDSCAPE DESIGN. THE DESIGN DEMONSTRATES THE USE OF A LOW VOLUME IRRIGATION SYSTEM, ORGANIC MULCHES, DROUGHT AND COLD TOLERANT PLANT MATERIAL, ZONING OF PLANT MATERIAL BY WATER REQUIREMENTS, SOIL AMENDMENTS (IF NECESSARY) AND THE PRACTICAL USE OF TURF. 3. NEW LANDSCAPING MUST BE PROTECTED FROM VEHICULAR MOVE- MENT BY WHEEL STOPS, OR CURBING. WHERE POSSIBLE, THE AREA BETWEEN THE BARRIER AND LANDSCAPE MATERIAL SHOULD REMAIN AS GREENSPACE. 4. LARGE TREE SPECIES PROPOSED FOR INSTALLATION MUST BE A MINIMUM OF 20 FEET AWAY FROM BUILDINGS, SIGNS, FENCES, LIGHT POLES, UTILITY LINES AND ANY OTHER OBSTRUCTIONS THAT MAY IMPAIR NATURAL GROWTH. 5. TREES PROPOSED FOR INSTALLATION MUST NOT BE IN CONFLICT WITH PROPOSED OR EXISTING UTILITY LINES OR STRUCTURES, EASE- MENTS OR OTHER AREAS WHICH MAY REQUIRE EXCAVATION IN THE EVENT OF SYSTEM FAILURE. THESE FEATURES SUCH AS THE WATER LINES MUST REMAIN OUTSIDE THE 5' X 10' PLANTER AREA. 6. SOILS WITHIN PLANTER BEDS MUST BE SUITABLE FOR PROPOSED PLANTED MATERIAL WITH REGARDS TO pH, SOIL TEXTURE, SOIL STRUCTURE, AND SEASONAL HIGH WATER TABLE. 7. ALL LANDSCAPE MATERIAL MUST BE FLORIDA GRADE #1 OR BETTER, 8. ALL ACCENT TREES MUST BE A MINIMUM OF 8' HIGH, 2" CALIPER AT TIME OF PLANTING, 9. ALL HEDGES MUST BE 24" HIGH AT THE TIME OF PLANTING, PLANTED AT 36" ON CENTER, AND BE MAINTAINED AT A MINIMUM OF 3' IN HEIGHT. 10. WHERE LANDSCAPE OR REPLANT TREES ARE PROPOSED TO BE PLANTED IN THE PERIMETER BUFFER, THE BUFFER MUST BE A MINIMUM OF 5' WIDE. IRRIGATION NOTES 1. SHALLOW WELLS, OPEN SURFACE WATER BODIES, OR RECLAIMED WATER MUST BE USED AS A SOURCE OF IRRIGATION WATER. THE DIST- RIBUTION SYSTEM FOR IRRIGATION MUST NOT BE CONNECTED TO COUNTY OR MUNICIPAL WATER SOURCES, UNLESS IT CAN BE DEMON- STRATED THAT THESE SOURCES ARE NOT AVAILABLE. 2. IRRIGATION SYSTEMS MUST UTILIZE LOW VOLUME DESIGNS SUCH AS LOW TRAJECTORY HEADS OR SOAKER HOSES TO PROVIDE DIRECT AP- PLICATION AND LOW EVAPORATION. SYSTEMS THAT OVERSPRAY AREAS THAT DO NOT REQUIRE IRRIGATION, SUCH AS PAVED AREAS WILL NOT BE ACCEPTABLE. HIGH IRRIGATION NEED AREAS MUST NOT OVERSPRAY LOW NEED AREAS. 3. HIGH WATER DEMAND LANDSCAPE AREAS SUCH AS TURF MUST BE SERVED BY A SEPARATE IRRIGATION ZONE THAN LOW WATER NEED PLANTER BEDS, OR MULCHED AREAS WITH TREES. IN NO CASE, SHALL ANY PLANTED VEGETATION AREA BE MORE THAN 50' FROM A WATER SUPPLY HOSE BIBB. 4. AUTOMATIC IRRIGATION SYSTEMS MUST BE OPERATED BY AN IRRI- GATION SYSTEMS OPERATED BY AN IRRIGATION CONTROLLER CAPABLE OF DIFFERENTIATING BETWEEN THE SCHEDULES OF HIGH AND LOW WATER DEMAND AREAS. CONTROLLERS MUST HAVE MULTIPLE CYCLE START CAPACITY AND A FLEXIBLE CALENDAR PROGRAM ABLE TO BE SET TO COMPLY WITH LOCAL OR WATER MANAGEMENT DISTRICT IMPOSED RESTRICTIONS. 5. AUTOMATIC IRRIGATION SYSTEMS MUST BE EQUIPPED WITH RAIN SENSOR DEVICE OR SWITCH WHICH WILL OVERRIDE THE IRRIGATION CYCLE OF THE SPRINKLER SYSTEM WHEN ADEQUATE RAINFALL HAS OCCURRED. FGAN ION NOTES (CONTINUED) TION CONTRACTOR SHALL PROVIDE AN UNDERGROUND IRRI- TEM TO COVER 100% OF ALL ON SITE PLANTING AREA. M SHALL CONTAIN BUT NOT LIM ITED TO THE FOLLOWING: 1. UNDERGROUND PIPING, SHALL BE PVC SCHEDULE 40 OR BETTER. 2. SEVEN (7) DAY PROGRAMMABLE TIME CLOCK TO ACTIVATE ZONES. 3. SPRINKLER HEADS COMPATIBLE WITH THE TYPE OF PLANTING. 4. ELECTRIC VALVES. 5. GAUGE 14 OF COPPER WIRE. 6. FIBERGLASS OR PLASTIC ZONE VALVE BOXES. WHERE PIPING IS UNDER DRIVEWAY AND CONCRETE WALKS, THE PIPES SHALL BE INSTALLED IN SCHEDULE 40 SLEEVES 18" BELOW GRADE. MATERIALS SUPPLIED SHALL BE EQUAL TO THOSE MANUFACTURED BY RAIN BIRD CO. OR APPROVED EQUAL. THE CONTRACTOR SHALL SUBMIT A SYSTEM LAY -OUT ALONG WITH CATALOG SHEETS OF ALL COMPONENTS IN THE SYSTEM TO THE OWNER FOR APPROVAL PRIOR TO INSTALLATION. THE ENTIRE SYSTEM SHALL BE GUARANTEED BY THE CONTRACTOR FOR ONE YEAR FROM THE DATE OF ACCEPTANCE BY THE ARCHITECT/ ENGINEER. ANY AND ALL USE OF HOSE BIBBS IN ASSOCIATION WITH NON- POTABLE WATER SUPPLIES SHALL BE IN FULL COMPLIANCE WITH SBCCI STANDARD PLUMBING CODE, CHAPTER VI CRITERIA REFERENCE COLOR CODING OF ABOVE GRADE RISER PIPING AND LABEL /TAGGING OF OUTLETS AS NON- POTABLE WATER SUPPLY. ANY BUILDING TO BE DEMOLISHED IS SUBJECT TO NOTIFICATION TO THE AIR TOXICS SECTION OF THE COUNTY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT PRIOR TO ANY DEMOLITION OF BUILDINGS. XERISCAPING 1. ORGANIC MULCHES AND /OR DROUGHT TOLERANT GROUNDCOVERS WITHIN PROPOSED LANDSCAPE PLANTER BEDS. 2. DROUGHT AND COLD TOLERANT PLANT MATERIAL. 3. GROUPING OR ZONING PLANT MATERIAL BASE ON SIMILAR WATER REQUIREMENTS AND THE LOCATION OF PROPOSED IRRIGATION WATERING SYSTEMS. 4. THE USE OF SOIL TESTING TO IDENTIFY SOIL CONDITIONS NECES- SARY FOR THE CONTINUED SURVIVAL OF PROPOSED LANDSCAPING. 5. ORGANIC SOIL AMENDMENTS (SUCH AS TOP SOILS, MANURE'S, PEAT AND COMPOSTED MATERIALS) MIXED EXISTING SOILS WITHIN LANDS- CAPING PLANTER BEDS TO DEPTHS CONSISTENT WITH THE ROOT DEPTH OF PROPOSED PLANTED MATERIAL (USE ONLY IF EXISTING SOIL CONDITIONS WARRANT THESE AMENDMENTS). 6. THE PRESERVATION AND INCORPORATION OF EXISTING PLANT COMMUNITIES ON SITE INTO THE LANDSCAPE PLAN. 7. THE MINIMAL USE OF TURF GRASSES WHICH REQUIRE FREQUENT IRRIGATION, 8. LOW- MAINTENANCE DESIGN. TREE & SHRUB PLANTING DETAILS 1. THE ROOT MASS FORM OF EACH TREE PROPOSED FOR INSTALLATION SHALL BE BALLED OR BURLAPPED, BARE ROOT TREES ARE NOT AC- CEPTABLE. ALL NONBIODEGRADABLE WRAPPINGS WILL BE REMOVED AND BURLAP WILL BE FOLDED DOWN TO ENHANCE WATER ABSORPTION. IF WIRE BASKETS ARE USED IN CONJUNCTION WITH BALLED AND BURLAPPED TREES. THE FIRST FEW ROWS OF EACH BASKET WILL BE REMOVED AT THE TIME OF INSTALLATION. 2. SUPPORTING APPARATUS SHALL BE REMOVED AFTER 1 COMPLETE GROWING SEASON. ALSO THE FLEXIBLE ATTACHMENTS SHALL BE USED WHERE SUPPORT WIRES ARE WRAPPED AROUND TREE TRUNKS /STEMS TO PREVENT CAMBIAL DAMAGE. 3. PLANTING HOLES ASSOCIATED WITH PROPOSED TREES MUST SLOPE (NOT COMPACTED) AND A MINIMUM OF 18 -24 INCHES WIDER THAN THE DIAMETER OF THE ROOT BALL. TREES SHALL BE INSTALLED SUCH THAT THE TOP OF THE ROOT MASS IS LEVEL WITH THE SURFACE OF THE PLANTING HOLE, TREES SHOULD BE INSTALLED 3 - 5 INCHES ABOVE GRADE ON SITES CONTAINING CLAY. A 2 - 3 INCH LAYER OF ORGANIC MULCH MUST ALSO BE PLACED OVER THE ENTIRE SURFACE OF EACH PLANTING HOLE. TO PREVENT FUNGAL INFECTION MULCH SHOULD BE PULLED BACK A FEW INCHES FROM THE BASE OF EACH TREE. 4. IF ON SITE SOIL CONDITIONS ARE SUCH THAT SOIL AMENDMENTS WILL BE NECESSARY, THE PLANTING MUST INCLUDE SOIL MIXTURE THROUGHOUT THE ENTIRE SECTION OF EACH PLANTER AREA TO A DEPTH CONSISTENT WITH THE ROOT DEVELOPMENT OF PROPOSED PLANT MATERIAL. 5. PLANTERS ADJACENT TO OR WITHIN VEHICULAR USE AREAS MUST BE CONSTRUCTED SUCH THAT LIMEROCK, ASPHALT, CONCRETE OR ANY OTHER OBSTRUCTIONS DO NOT EXTEND UNDER THE SURFACE INTO THE PLANTING AREAS. 6. THE PRACTICE OF TREE TRUNK WRAPPING AND THE APPLICATION OF PAINTS /TAR ONTO PRUNED TREE BRANCHES IS NOT RECOMMENDED BY THE INTERNATIONAL SOCIETY OF ARBORICULTURAL. 7. PLEASE NOTE THAT THE USE OF FERTILIZERS DURING PLANT INSTALLATION IS NOT APPROVED. SCIENTIFIC EVIDENCE INDICATES THAT FERTILIZATION (SPECIFICALLY, THE APPLICATION OF NITROGEN) OF TREES /SHRUBS WITHIN THE FIRST GROWING SEASON INHIBITS ROOT GROWTH. THE LANDSCAPE BUFFER STRIP MUST BE CONSTRUCTED SUITABLE FOR PLANT MATERIAL INSTALLATION. Z �� 2 MV VO V �d la 043 Z 1%x w aV WW ® pip Z J 04 .. �a Z LU P* i.i Z 0 a ONZ ` W O Q M V 0► 3 G N Z �'" � W � oit Z h� Ck ma aW ma O >4 WW3 d vQ B #5936 0 in L�J Q L6 W a co 06 co r BUTLER DESIGN GROUP, INC GOLDEN RAIN NURSERY, INC. 4203 46TH AVE. N. ST. PETERSBURG, FL. 33714 H 727 - 521 -1684, FAX: 727 - 527 -7422, E- MAIL:RONSPLANS�TAMPABAY.RR.COM DRAWN BY: RON BELKO ISA Certified Arborist FL -5802A CHECKED BY: CHUCK BUTLER ISA Certified Arborist FL -1235A �1 �o Lin o CO) M O � V ° LA. Oq ° W P, 0a Wo J q i Cj