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DVA2008-00003CLWCoverSheet D omA200 -00003 IOXENDALL ST AMBIANCE PL R OF RECORD: N T NTERED ATLAS # 258A ZONING: T LAND USE: . RFH RECEIVED: 12/01/2008 INCOMPLETE: _ /� . J o 9 COMPLETE: /2. T. 06 MAPS : t PHOTOS: STAFF REPORT: DRC : CDB: 6. ' �' 09 Clearwater u 0 Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727 - 562 -4567 Fax: 727-562-4865 ❑ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ❑ SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans ❑ SUBMIT APPLICATION FEE b 0 CASE M DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE M ' ZONING DISTRICT: LAND USE CLASSIFICATION: ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: DEVELOPMENT AGREEMENT APPLICATION (Revised 05/22102) PLEASE TYPE OR PRINT— A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4- 202.A) Panorama on Clearwater Beach, LLC, APPLICANTNAME: a Florida limited liability company MAILING ADDRESS: 691.S. Gulfview Boulevard, Clearwater Beach, FL 33767 PHONE NUMBER: (727) 421 -1250 FAX NUMBER: CELL NUMBER: EMAIL ADDRESS: Applicant AND Evangeline P. Samarkos, as Trustee of the Evangeline I P. PROPERTY OWNER(S): (Must Include ALL owners) c/o 106 Midway-Island- Clearwater, FL 33767 -2/313 AGENT NAME: J �ko Pte4,?-_1e4§, , Q r��SUnrS &q t -o / 6 � � s MAILING ADDRESS:�� 7' PHONE NUMBER. ' 4S 8. 4) FAX NUMBER: �2 7 - B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: LEGAL DESCRIPTION: 20 Kendall Street (and adjoining vacant parcels See Exhibit "A" attached. PARCEL NUMBER: See Exhibit "A" attached - 8 parcels PARCEL SIZE: 0.6 acre (acres, square feet) PROPOSED USE AND SIZE: 88'-unit overnight accommodations (see Development. Agreement (number of dwelling units, hotel rooms or square footage of nonresidential use) for detailed description) DESCRIPTION OF ANY RELATED REQUEST(S): Flexible development approval of a comprehensive infill redevelopment project. (approval of a developmentinclude all requested code deviations; e.g. reduction In required number of parking spaces, specific use, etc.) DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLANT .YES, _2L NO _ (if yes, attach a copy of the applicable documents) 58 units from the Hotel Density Reserve Page 1 of 5 - Development Agreement Application - City of Clearwater OD z OU 0 0 B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4- 606.B) M application for approval of a development agreement shell be accompanied by the following (use separate sheets or include In a formal report): ❑ STATEMENT OF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,WHICH SHALL NOT EXCEED TEN YEARS ❑ DESCRIPTION OF ALL EXISTING AND PROPOSED PUBLIC FACILITIES AND SERVICES THAT SERVE OR WILL SERVE THE DEVELOPMENT; ❑ DESCRIPTION OF THE USES DESIRED TO BE PERMITTED ON THE LAND, INCLUDING POPULATION DENSITIES AND BUILDING INTENSITIES AND HEIGHTS; ❑ INDENTIFICATION OF ZONING DISTRICT CHANGES, CODE AMENDMENTS THAT WILL BE REQUIRED IF THE PROPOSED PROPOSAL WERE TO BE APPROVED; ❑ ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES; ❑ COMPLETE NAMES AND ADDRESSES OF ALL OWNERS OR PROPERTIES ABUTTING OR LYING WITHIN 200 FEET OF THE SUBJECT PROPERTY AS CURRE=NTLY LISTED IN THE COUNTY RECORDS AS OF ONE WEEK PRIOR TO THE FILING OF AN APPLICATION. C. PROOF OF OWNERSHIP: (Section 4- 202.A) ❑ SUBMIT A COPY OF THE TITLE OR DEED TO THE PROPERTY OR PROVIDE OWNER SIGNATURE ON PAGE OF THIS APPLICATION D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 4- 606.G) ❑ Provide the following contents to the development agreement, as follows: Contents. The approved development agreement shall contain, at a minimum, the following information: a. A legal description of the land subject to the development agreement. b. The names of all persons having legal or equitable ownership of the land. c. The duration of the development agreement, which shall not exceed ten years. d. The development uses proposed for the land, including population densities, building Intensities and building height e. A description of the public facilities and services that will serve the development, Including who shall provide such public facilities and services; date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities 1 services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. - development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit In the amount of 115 percent of estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and servi required to be constructed by the development agreement The development agreement shall provide that such construction shall be comply prior to the issuance of any certificate of occupancy. L A description of any reservation or dedication of land for public purposes. g. A description of all local development approvals approved or needed to be approved for the development. h. A finding that the development approvals as proposed Is consistent with the comprehensive plan and the community development Additionally, a finding that the requirements for concurency as set forth In Article 4 Division 10 of these regulations have been satisfied. I. A description of any conditions, terms, restrictions or other requirements determined to be necessary by the city commission for the public heal safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental requirements In existing codes or ordinances of the city. J. A statement indicating that the failure of the development agreement to address a particular permit, condition, lemt or restriction shall not tell the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. k. The development agreement may provide, in the discretion of the City Commission, that the entire development or any phase thereof commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of ful development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of developer to comply with any such deadline. I. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall Inure all successors in Interest to the parties to the development agreement. m. All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications specifically anticipated in the development agreement Page 2 of 5 — Development Agreement Application — City of Clearwater U P.F.. Z LJ E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4- 202.A) • ❑ SIGNED AND SEALED. SURVEY (Including legal description of property) –One original and 12 copies; ❑ COPY OF RECORDED PLAT, as applicable; ❑ PRELIMINARY PLAT, as required; ❑ LOCATION MAP OF THE PROPERTY. ❑ TREE SURVEY (Including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, Including drip lines.) ❑ GRADING PLAN, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A) Cl SITE PLAN with the following Information (not to exceed 24' x 38': _ All dimensions; North arrow; Engineering bar scale (minimum scale one Inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets Included in package; Footprint and size of all buildings and structures; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, Including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights -of -way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways; loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all refuse collection facilities and all required screening (min. 10'x12' clear space); Location of all landscape material; Location of all onsite and offsite storm -water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. ❑ SITE DATA TABLE for existing, required, and proposed development, in writtentlabular form: _ Land area In square feet and acres; Number of dwelling units proposed; _ Gross floor area devoted to each use; Parking spaces: total number, presented In tabular form with the number of required spaces; _ Total paved area, Including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; _ Official records book and page numbers of all existing utility easement; _ Building and structure heights _ Impermeable surface ratio (I.S.R.); and _ Floor area ratio (F.A.R.) for all nonresidential uses. ❑ REDUCED SITE PLAN to scale (8 % X 11) and color rendering If possible; 13 FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: c= _ One -foot contours or spot elevations on site; c�� _ OffsIte elevations if required to evaluate the proposed stormwater management for the parcel; p.0 9 All open space areas; — Location of all earth or water retaining walls and earth berths; '� C C °a _ Lot lines and building lines (dimensioned); Streets drives ., and (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs; _ Tree Inventory; prepared by s 'certified arborisr, of all trees 8" DBH or greater,, reflecting size, canopy (drip lines) and condition of such trees. d Page 3 of 5 – Development Agreement Application –'City of Clearwater • 01 G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4- 1102.A) ❑ LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; Drainage and retention areas Including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping Islands and curbing; Proposed and required parking spaces; Existing trees on -site and immediately adjacent to the site, by species, size and locations, including dripline; Location, size, description, specifications and quantities of all existing and proposed landscape materials, Including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants Including Instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and Interior landscape coverage, expressing In both square feet and percentage covered; _ Conditions of a previous development approval (e.g. conditions Imposed by the Community Development Board); Irrigation notes. ❑ REDUCED LANDSCAPE PLAN to scale (8 % X 11) (color rendering If possible); ❑ IRRIGATION PLAN (required for level two and three approval); ❑ COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. H. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A.23) Required in'the event the application includes a development where design standards are in Issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residential Infill Project. • BUILDING ELEVATION DRAWINGS —all sides of all buildings Including height dimensions, colors and materials; • REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 %X 11) (black and white and color rendering, if possible) as required. I. SIGNAGE: (Division 19. SIGNS / Section 3 -1806) ❑ Comprehensive Sign Program application, as applicable (separate application and fee required). ❑ Reduced signage proposal (8 V2 X 11) (color), If submitting Comprehensive Sign Program application. _I J. TRAFFIC IMPACT STUDY: (Section 4- 801.C) ❑ Include as required If proposed development will degrade the acceptable level of service for any roadway as adopted In the Comprehensive Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4 -801 C of the Community Development Code for exceptions to this requirement. K. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described In this application. JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP Signature of property owner or representative Katherine E. Cole, Esquire STATE OF FLORIDA, COUNTY OF PINELLAS Swom to and subscribed before me this .2-&tA1day of November I A.D. 20 08 to me and/or ' by Kather ne E. Uoie , who Is personally known ]t,& f rc _ • Wary p lic, My commission expires: Jayne E. Sears Ctrmmission # DD449633 '.. A Expires September 2, 2009. 71A�+ 9mWedTroyFW- MWW4a.AKSC4�-'019 Page 4 of 5 — Development Agreement Application — City of Clearwater 5 r EXHIBIT "A" Legal Description Lots 5, 6, 7, 8, 13 and 14, Block 7, REVISED MAP OF CLEARWATER BEACH , according to the plat thereof as recorded in Plat Book 11, Page 5 of the Public Records of Pinellas County, Florida. Parcel Numbers Owned by Panorama on Clearwater Beach, LLC: 05/29%15'/16362 /007/0050 05/29/15%16362/007 /0060 [05/29/15/16362 /007/0070 !05/2_9/15/16362 /007 /0071 105/29/15/16362 /007/0080 F05/29/15/16362/007/0081 [05/29/15/16362 /007/0140 Owned by Evangeline P. Samarkos, as Trustee of the Evangeline P. Samarkos Revocable Trust, UAD 3/27/06, Michael A. Samarkos and Victoria Harkey: 05/29/ 5/16362/007/0130 i.f.� U • L EXHIBIT "B" TO DEVELOPMENT AGREEMENT APPLICATION .J Ambiance 20 Kendall Street Section B.2 Development Agreements . Supplemental Submittal Requirements: ■ Statement of the requested duration of the development agreement, which shall not exceed ten years. The proposed duration of the development agreement is 10 years and is stated as such in the development agreement. ■ Description of all existing and proposed public facilities and services that serve or will serve the development. The development will be served by City of Clearwater utilities and solid waste as stated in the development agreement. ■ Description of the uses desired to be permitted on the land, including population densities and building intensities and heights. The proposed use is a hotel consisting of 60 overnight accommodation units, with a maximum height of 74' -4 ". ■ Identification of zoning district changes, code amendments that will be required if the proposed development proposal were to be approved. The proposed use is allowed in the current zoning district ('T') and land use designation ( "RFH "). ■ Zoning and land use categories of all adjoining properties. Zoning Land Use North OS /R Recreation /Open west Space North Tourist Resort Facilities east High East Tourist Resort Facilities High South Tourist Resort Facilities High West OS /R Recreation /Open Space �..o^ al t, Q ac 22 U Q Lk- L, - o cz Z = 0 �J 0 ■ Complete names and addresses of all owners of properties abutting or lying within 200 feet of the subject property as currently listed in the county records as of one week prior to the filing of an application. See list prepared by Pinellas County Property Appraiser which is attached hereto as Exhibit "C." [Intentionally omitted from this submittal] #469999 v1 - Lele /Ex to DVA E o o C3 tU O= 6 X - P PAGE �1 5!1 1 _sty 16: 791 11�1 ;RDi IER- 'i'IC);" R I IEIR", I: f"l 1-' J — f._1fJ l•JJ uC:.:) I r` f'KUI9 � +� � "I AFFIDAVIT TO AUTHORIZE AGENT pT ANNMG a, DEVELOPMENT SERVICES A,I)1 TNiS'll RATION MUN.ICI['AL SINVICH S PUILDING, 100 soim -i MYRIU AVENUE. 2N. FLOOR Fl10NE (72-� 6132.4567 FAX UM ,W -4576 r> �aIDYWPJ4uaWT0ebY�f .wpa�e�RaNf+,[NUCUwC+(°��i1C'9 ""�q�p�u++�actin Fvc��i rsl.i.rra 1? Jamnrkga, 1(evoaable IT'Let c/o Sam &rkoo, PVangell.nn P Tr (tJlirrfc� nr a;ll �fmp�srty r�wnatt�a) �'_�� —�- `�— •--� -. 't. That (d am/we are) the tawner(4),end record t IA holder(a) of the following des or{klocl property: 20 Xondall. t3trent, C,l�e.cua( x I�ez�clr, 'Gi { AddrowarirGla�narrall _aasrllnit} ••" - ,.- ---... __ ••..- ...- .�..»..,�- .- .w..... •- 2, That YhIs prnperty iron stitutas trte properly for which a request for A: 74An9lan4 unit` aocaar3adtirjona alYd 14 raotieana Ian1.Cr %s resen_7 p�enciinq befiohe. CY.. n. That the Undersigned (haslhave) appointed and (does /do) appoint _-.- Rd Hooper. as (It1Mhn1') +arlan+(4) fn 0x4ralta any jwUllonaa or ay1hwr ttuaummntn raftQXh*narru In mrrn r iuv lv naiaaann, 4. That this affidavit has been everluted to Induce the City of Clea wstar, Ftorlds to consider and Act an the above t ascribed property, I. That OAAM); the undersigned a�ttthr�rlty, hereby ea�rtf ftt�t �st� 6r1111c1f►ag tt, Arl rYarrwt, ILA- PrulPrty �UIV't"V tlP PIN6t.i�x Sato! * r►to the tinder 19"6d.- an officer duly caymrt1lit�,y p !aaonMiiy gppa Mrac d0beea nd stays that . b`1Ptilly urrdarhtartrta the "~� . 0; caF.pllasxtwn t0rttl1t0QW10Pma0t ravlawlRl`l eMl to AWUtar * AL4nt Of fha; Slaty of Ftarldaa; on thlct day of 4 CD r k� `> why hoving' been, rit duty awam t0d`v °0 ",, SHARON SKINNER 149 u h`Notary Public - State of Florida * My CO�MM. Expires Ott 16, 2012 ��11', i� �` .� Commission At 00 031064 C" 0 CITY OF CLEA.RWA*R MUFfDAVU TO AUTHORIZE A GENT PLANNING & DEVELOPMENT SERVICES ADMINISTRATTON 100 SOUTH MYRTLE AWNUE, 2"" FLOOR MUNICI[PAT, SjjZVjCfiS BUILIDTNIS, - IITJONE (727)-562-4567 FAX (727) 562-4576 uday Lele, Managing Member, Panorama on Clearwater. Beach (Name of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: Lots 5, 6, 7, 8 & 14, Bloc), 7, Clearwater Beach, Florida (Address or General Location) 2. That this property constitutes the property for which a request for a' 74 transient unit accommodations and 14 fractional units (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint Ed Hoope r , as —(his /their) agent(s) to execute any petitions or other doci-firnents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That Uwe), the undersigned authority, hereby certify that the fore p . a , Ing is true and c sect. Property Owner —P-,.,ertv Owner STATE OF FLORIDA, COUNTY OF PINELLAS Before me the, undersigned, officer duly COMMiSSi ned by the I f the State of Florida, on this li, -�5-S day of ersigned, an offir who OWS !�' having been first duly sworn personally appeared "J�6�A l\ deposes and says that he/she fully understands the contents of the affidavit that he/she'signed. Notary uft -'-j LU My Commission Expires: L" S: application forms/development review/Affidavit to Authorize Agent qe o q V Al? J ffn h1up, 'n CDB Meeting Date: June 16, 2009 Case Number: DVA2008 -00003 (Related to FLD2008- 12034) Agenda Item: E.1. Related to D.1.) Owner /Applicant: Panorama on Clearwater Beach, LLC and Evangeline P. Samarkos, as Trustee of the Evangeline P. Samarkos Revocable Trust UAD 3/27/06, Michael A. Samarkos Victoria Harkey 106 Midway Island, Clearwater Beach, FL 33767 -2313 Representative: Ed Hooper, Consus Group, LLC Address: 20 Kendall Street CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review of, and recommendation to the City Council, of a Development Agreement between Panorama on Clearwater Beach, Evangeline P. Samarkos - Trusteee, Michael A. Samarkos and Victoria Harkey (property owners) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design. CURRENT ZONING: Tourist (T) District CURRENT/FUTURE Resort Facilities High (RFH) LAND USE CATEGORY: BEACH BY DESIGN Old Florida CHARACTER DISTRICT: r• PROPERTY USE: Current Use: Detached dwelling and vacant land Proposed Use: Overnight accommodation use of a total of 88 rooms (150 rooms /acre on total site, including the allocation of 58 units from the Hotel Density Reserve) and approximately 1,482 square feet (1.07 FAR on total site) of amenities accessory to the hotel at a height of 72 feet (to roof deck) Community Development Board — June 16, 2009 DVA2008 -00003 — Page 1 of 4 EXISTING North: Tourist (T) District & Open Space /Recreation (OS /R) SURROUNDING District ZONING AND USES: City parking lot and Attached Dwellings South: Tourist (T) District Overnight accommodations and Automobile service East: Tourist (T) District Restaurant, Retail sales & services & Attached Dwellings West: Open Space/Recreation (OS /R) District City parking lot ANALYSIS: Site Location and Existing Conditions: The 0.60 acres is located between the south side of Avalon Street and the north side of Kendall Street approximately 150 feet west of Mandalay Avenue. The site is comprised of eight parcels. The eastern parcel on the north side of Kendall Street currently is developed with a detached dwelling with the remaining seven parcels being vacant. On April 19, 2005 the Community Development Board approved Ambiance on White Sands (FLD2005- 01007), a 15 -unit condominium project to be constructed on seven of the eight subject parcels with setback reductions and a height increase. Due to changes in the real estate market following the approval, the proposed project was not marketable and the development approvals expired. To the west on the Gulf of Mexico a City surface parking lot exists. The Sand Dollar Vacation rentals and another City surface parking lot are located to the north of subject property. A restaurant, office and retail use with dwellings above exists to the east of the subject site. The Palm Pavilion Inn and a metal storage building are located to the south of the subject property. All prior uses on this property have been demolished except for the detached dwelling on the newly acquired parcel. Development Proposal: The development proposal includes a companion Flexible Development application (FLD2008- 12034) to permit an overnight accommodation use of a total of 88 rooms (150 rooms /acre on total site, including the allocation of 58 units from the Hotel Density Reserve) and approximately 1,482 square feet (1.07 FAR on total site) of amenities accessory to the hotel (meeting room, lounge/bar and exercise room) at a height of 72 feet (to roof deck). Development Agreement: The Development Agreement is a requirement for the allocation of hotel units from the Hotel Density Reserve, adopted as an amendment to Beach by Design under Ordinance 7925 -08 on July 17, 2008. A total of 1,385 hotel rooms are available under the Hotel Density Reserve and this proposal requests the allocation of 58 units from it. The City has established the Development Agreement format as a means to facilitate the allocation of the units and to set forth appropriate provisions related to the development of the property. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the criteria for the Community Development Board — June 16, 2009 DVA2008 -00003 — Page 2 of 4 0 0 allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: ❑ Provides for the allocation of 58 units from the Hotel Density Reserve; ❑ Requires the . developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4 -407; ❑ Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; ❑ For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; ❑ Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center; and ❑ The project shall comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of concurrency management for transportation facilities. The Community Development Board (CDB) has been provided with the most recent Development Agreement. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of May 7, 2009, 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: The Planning Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 0.60 acres is located between the south side of Avalon Street and the north side of Kendall Street approximately 150 feet west of Mandalay Avenue; Community Development Board — June 16, 2009 DVA2008 -00003 — Page 3 of 4 2. That the property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; 3. That the development proposal is subject to the requirements of Beach by Design, the Design Guidelines contained therein as the property is located within the Old Florida character district and the criteria for allocation of units from the Hotel Density Reserve. Conclusions of Law: The Planning Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the Development Agreement implements and formalizes the requirements for the construction of on -site and off -site improvements under the related site plan proposal (FLD2008- 12034); 2. That the Development Agreement complies with the standards and criteria of Section 4 -606 of the Community Development Code; 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan; 4. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of Beach by Design and the Old Florida character district; and 5. That the Development Agreement complies with the criteria in Beach by Design for the allocation of units from the Hotel Density Reserve. Based upon the above, the Planning Department recommends the APPROVAL, and recommendation to the City Council, of a Development Agreement between Panorama on Clearwater Beach, Evangeline P. Samarkos - Trusteee, Michael A. Samarkos and Victoria Harkey (the property owners) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design, for the property at 20 Kendall Street. Prepared by Planning Department Staff: ATTACHMENTS: ❑ Development Agreement with Exhibits ❑ Location Map • Aerial Map • Future Land Use Map • Zoning Map A. Scott Kurleman, Planner III S: \Planning Department\C D B\FLEX (FLD)\Pending Cases \Up For The Next CDB\Kendall S 20 - Ambiance (T) - 6.16.09 CDB - SK\Kendall St 020 Dev. Agree. Staff Report For 6.16.09 CDB.Doc Community Development Board — June 16, 2009 DVA2008 -00003 — Page 4 of 4 • Resume A. Scott Kurleman 100 South Myrtle Avenue Clearwater, FL 33756 727 -562 -4553 scott.kurleman(a,myclearwater.com PROFESSIONAL EXPERIENCE • Planner III • Planner II • August 2008 to present June 2005 to August 2008 Regulate growth and development of the City in accordance with land resource ordinances and regulations related to community development. Landscape plan review including: conceptual, variance, and conditional use. Reviews and analyzes site plans and conducts field studies to determine the integrity of development plans and their compatibility with surroundings. Interdepartmental and zoning assistance. Respond as a City representative to citizens, City officials, and businesses concerning ordinances and regulations. Make recommendations and presentations at staff level at various review committees, boards, and meetings. • Land Resource Specialist City of Clearwater June 1996 to June 2005 Coordinates with City Legal Department to initiate legal proceedings for non - compliance with City land resource regulations. Landscape re- inspection program. Plans and directs program to ensure that plant material installed per the approved landscape plan remains in a healthy growing condition in perpetuity and restores deficient landscaped with new plant material. Certificate of Occupancy Inspection. Perform inspections with contractors, owners, and City departments to monitor the installation of required landscape material per an approved site plan. Process tree permits ensuring that regulations governing the removal criteria are followed. Provide technical tree evaluations for structural defects, hazards, proper pruning, and identification for trees on public and private properties. • Account Manager Cherry Lake Farms, IMG Enterprise, Inc. 1993-1996 Groveland, FL Supervised and managed existing territory accounts, while handling a strategic marketing plan. Planned and directed in -field inspection program for landscape architects, municipalities and private corporations. Prepared technical training modules for corporate employees and customers regarding arboricultural techniques related to trees. • Licensed Marketing Representative Allstate Insurance Company 1991-1993 Clearwater, FL Field inspections of insured structures. Policy service and account maintenance. • Store Manager William Natorp company, Inc. 1983-1991 Cincinnati, 'OH Managed a team of 20 sales people and sales associates in a landscape center. Responsible for teams of employees including but not limited to payroll, budgeting, sales, store and equipment maintenance, workplace safety, and advertising. Managed outdoor staff, merchandised and cared for all outdoor products. Responsible for all indoor staff and horticultural products. EDUCATION GRADUATE —Certificate: Community Development, UNIVERSITY OFSOUTHFLORIDA, TAMPA, FLORIDA. Currently pursuing. BA in Business Administration, ST. LEO UNIVERSITY, ST. LEO, FLORIDA. Graduated July, 2002 Cum Laude. Major: Management AA in Business Administration, ST. PETERSBURG COLLEGE, FLORIDA. Graduated 1998. Major: Management. AS in Ornamental Horticulture, OHIO STATE UNIVERSITY, WOOSTER, Graduated 1984 Cum Laude. Major: Horticulture Technology with emphasis in Arboriculture. ISA, International Society of Arboriculture, Certified Arborist, FL -0414. �0� JIM SMI �� TH �� INELLAS COUNTY PROPERTY A��AISER 28-Nov-2008 EXHIBIT PAGE: 1 � �� PARCEL #/BRlEF LEGAL DESC OWNER "S NAME AND ADDRESS 00 / 00 / 00 / 00000 / 000 / 0000 � PROPERTY AgDR; 05 / 29 CAY AT CONDO, COMMON AROUND PROPERTY / 15 / 14335 / 000 / 0001 CLEARWATER BEACH THE ELEMENT ( AKA LAND BLDG ) ADDR; CAY AT CLEARWATER BEACH CONDO AS 620 MANDALAY AVE CLEARWATER R_ 33767 1632 ------------------------ _--------------------------------- 05 / 29 / 15 / 14335 / 000 / 0010 MILLER, DIANE L CAY AT CLEARWATER BEACH 622 MANDALAY AVE � CONDO, THE CLEARWATER FL | UNIT A 33767 1632 PROPERTY ADDR; 622 MANDALAY AVE 05 / 29 / 15 / 14335 / 000 /'0020 GREENWOOD, THOMAS G CAY AT CLEARWATER BEACH GREENWOOD, MELISSA M CONDO, THE 140 CASA DEL LAGO WAY UNIT 8 LENIOR CITY TN 37772 4482 PROPERTY ADDR; 620 MANDALAY AVE _____________________________________________________________-_________ 05/29/15/14335/000/0030 BRANTNER. DOUGLAS A CAY AT CLEARWATER BEACH 8RANTNER, LINDA L CONDn, THE 14300 E 13TH ST � UNIT C WICHITA KS ' 67230 1450 ' PROPERTY ADDR; 618 MANDALAY AVE _______________________________________________________________________ 05 / 29 / 15 / 16362 / 006 / 0010 CLEARWATER, CITY OF CLEARWATER BEACH REV ATTN; CASH & INVESTMENTS MGR ELK 6. LOT 1 & S 1/2 OF 2 P O BOX 4748 CLEARWATER FL 33758 4748 PROPERTY ADDR; ' -------------------------------------------------------------------- � 05 / 29 / 15 / 16362 / 006 / 0030 PIERSON, DON C ' CLEARWATER BEACH REV PIERSQN, GLORIA G ELK 6, LOT 3 & N 1/2 OF 5833 MARINER DR LOT 2 TAMPA FL 33609 3411 . � '- ^�""" ~~ JIM SMITH ' OINELLAS COUNTY PROPERTY A*AISER 26-Nov-2008 PACE; 2 PARCEL #/8RIEF LEGAL DESC OWNER'S NAMEAND ADDRESS 05 / 29 / 15 / 16362 / 006 / 0040 BROOKS, CAROLYN C REVOCABLE LIVI CLEARWATER BEACH REV C/O BROOKS, CAROLYN C TRE BLK 6, LOT 4 209 SCOTLAND ST DUNEDIN FL 34698 6957 PROPERTY ADDR: 11 HEILWOOD ST _______________________________________________________________________ 05 / 29 / 15 / 16362 / 006 / 0050 CLEARWATER BEACH REV BLK 6, LOT 5 ' PROPERTY ADDR; 13 HEILWOOD ST 13 HEILWOOD STREET LLC 7105 PELICAN ISLAND DR TAMPA FL 33634 7461 05 / 29 / 15 / 16362 / 006 / 0060 GENCO, FRANK � CLEARWATER BEACH REV GENCO, FRANK N � BLK 6, LOT 6 3019 PALMETTO ST TAMPA Fl- 33607 2936 � PROPERTY ADDR; 19 HEILWOOD ST 05,/ 29 / 15 / 16362 / 006 / 0070 CLEARWATER BEACH REV BLK 6, LOTS 7 AND 8 PROPERTY ADDR; 23 HEILWOOD ST _________________________________ 05 / 29 / 15 / 16362 / 006 / 0100 / � CLEARWATER BEACH REV BLK 6, S 62FT OF LOT 10 PROPERTY ADDRz 612 MANDALAY AVE ____________________________________ RAILEY, DANIEL E RAILEY, ANN H 1345 S MISSOURI AVE CLEARWATER FL 33756 6533 MEROLI, PETER 610 MANDALAY AVE CLEARWATER FL 33767 1632 05 / 29 / 15 / 16362 / 006 / 0101 LOPEZ, ROSA LOU RYALS CLEARWATER BEACH REV 3105 LA SALLE ST BLK 6, N 25FT OF LOT 10 TAMPA FL 33607 5114 PROPERTY ADDR; 614 MANDALAY AVE _______________________________________________________________________ r-- . . �088 -- JIM SMITH . �� INELLAB COUNTY PROPERTY A��AISER 26—N�v-2008 �� PAGE; PARCEL */BRIEF LEGAL DESC OWNER'S NAME AND ADDRESS 05 / 29 / 15 / 16362 / 006 / 0110 26 AVALON LAND TRUST CLEARWATER BEACH REV C/O MERQLI, PETER TRE 8LK 6, LOT 11 610 MANDALAY AVE CLEARWATER FL 33767 1632 PROPERTY ADDR; 26 AVALON ST ' ----------------------------------------- 05 / 29 / 15 / 16362 / 006 / 0120 MEROLI, PETRIT CLEARWATER BEACH REV 699 BAY ESPANDE 8LK 6, LOT 12 CLEARWATER FL 33767 PROPERTY ADDR; 24 AVALON ST ! 05 / 29 / 15 / 16362 / 006 / 0130 CLEARWATER, CITY OF CLEARWATER BEACH REV ATTN; CASH & INVESTMENTS MGR 8LK 6, LOTS 13,14 & 15 p O BOX 4748 CLEARWATER FL 33758 4748 PROPERTY ADDR; ---~------------------------------------------------------------------- 05 / 29 / 15 / 16362 / 007 / 0010 CLEARWATER, CITY OF CLEARWATER BEACH REV AJTN; CASH & INVESTMENTS MGR BLK 7, LOTS 1,2,3,4 & 15 P O BOX 4748 CLEARWATER FL 33758 4748 PROPERTY ADDRZ � 05 / 29 / 15 / 16362 / 007 / 0050 CLEARWATER BEACH REV 8LK 7, N 63.5FT OF LOT 5 PROPERTY ADDRZ PANORAMA ON CLEARWATER BEACH LLC 483 MANDALAY AVE STE 209 CLEARWATER FL 33767 2035 05 / 29 / 15 / 16362 / 007 / 0060 PANORAMA ON CLEARWATER BEACH LLC CLEARWATER BEACH REV 483 MANDALAY AVE STE 209 8LK 7, LOT 6 CLEARWATER FL 33767 2035 PROPERTY ADDR: _______________________________________________________________________ �71 7TF71.-�~'rn��rr o^�m/UF ' �� JIM SMITH �� INELLAS COUNTY PROPERTY A&AISER 26-Nov-2008 PAGE; 4 PARCEL */BRIEF LEGAL DESC O5/29/15/16362/007/0O70 CLEARWATER BEACH REV BLK 7, W 1/2 OF LOT 7 PROPERTY ADDR; OWNER'S NAME AND ADDRESS PANORAMA ON CLEARWATER BEACH LLC 483 MANDALAY AVE STE 209 CLEARWATER FL 33767 2035 05 / 29 / 15 / 16362 / 007 / 0071 PANORAMA ON CLEARWATER BEACH LLC CLEARWATER BEACH REV 483 MANDALAY AVE STE 209 BLK 7, E 1/2 OF LOT 7 CLEARWATER FL 33767 2035 PROPERTY ADDR; 05 / 29 / 15 / 16362 / 007 / 0080 PANORAMA ON CLEARWATER BEACH LLC � CLEARWATER BEACH REV 48` MANDALAY AVE STE 209 BLK 7, LOT 8 LESS 25FT CLEARWATER FL OF THE N 55FT ' 33767 2035 PROPERTY ADDR; ` 05 / 29 / 15 / 16362 / 007 / 0081 PANORAMA ON CLEARWATER BEACH LLC CLEARWATER BEACH REV 483 MANDALAY AVE STE 209 BLK 7, E 25FT OF`N 55FT OF CLEARWATER FL LOT 8 33767 2035 PROPERTY ADDR; 05 / 29 / 15 / 16362 / 007 / 0090 LOOKRETIS, JOHN L CLEARWATER BEACH REV ' LOOKRETIS, SOPHIE BLK 7, LOT 9 LESS S 32FT 29 AVALON ST CLEARWATER FL 33767 1602 PROPERTY ADDR: 29 AVALON ST _______-^____________________________________________ ------------------ 05 / 29 / 15 / 16362 / 007 / 0091 CLEARWATER BEACH REV BLK 7, S 32FT OF LOT 9 PROPERTY ADDR; 604 MANDALAY AVE _______________________________ 05 / 29 / 15 / 16362 / 007 / 0100 CLEARWATER BEACH REV ELK 7, N 27FT OF LOT 10 YEAROUT, JANET A YEAROUT, JAMES R 806 NARCISSUS CLEARWATER FL 33767 1334 YEAROUT, JANE R YEAROUT, JANET A 806 NARCISSUS CLEARWATER FL 33767 1334 PROPERTY ADDRx 602 MANDALAY AVE ------------------------------------------------- «��r� JIM SMITH . �� INELLAS COUNTY PROPERTY A��VISER 26-Nov-2008 PAGE; 5 OWNER7S NAME AND ADDRESS 05 / 29 / 15 / 16362 / 007 / 0101 SOULOUNIAS, KALIOPE CLEARWATER BEACH REV 30 KENDALL ST ELK 7, W 27.1FT OF S 60FT CLEARWATER FL OF LOT 10 33767 1624 PROPERTY ADDR; 30 KENDALL ST _______________________________________________________________________ 05 / 29 / 15 / 16362 / 007 / 0102 XANIA INC CLEARWATER BEACH REV C/O LAMPATHAKIG, JAME ELK 7, S 60FT OF LOT 10 1299 MAIN ST STE E LESS W 27.1FT DUNEDIN FL 34698 5333 PROPERTY ADDR; 600 MANDALAY AVE ' _______________________________________________________________________ 05/29/15/16362/007 /0110 AERG INC ' CLEARWATER BEACH REV 22 KENDALL ST � ELK 7, LOTS 11 AND 12 CLEARWATER FL 33767 1626 PROPERTY ADDR; 22 KENDALL ST 05 / 29 / 15 / 16362 / 007 / 0130 SAMARKOS, EVANGBLINE P REVOCABLE CLEARWATER BEACH REV SAMARKOS, MICHAEL A ELK 7, LOT 13 C/O SAMARKOS, EVANGELINE P TRE 106 MIDWAY IS CLEARWATER FL 33767 2313 � PROPERTY ADDR; 20 KENDALL ST ' 05/29/15/16.2/007 ! CLEARWATER BEACH REV ELK 7, LOT 14 8 S 23.5FT OF LOT 5 PROPERTY ADDR; / 0140 PANORAMA QN'CLEARWATER BEACH LLC 483 MANDALAY AVE STE 209 CLEARWATER FL 33767 2035 05 / 29 / 15 / 16362 / 008 / 0020 SUNSET GREEN FLASH LLC CLEARWATER BEACH REV 10 BAY ESPLANADE . ELK 8, LOTS 1, 2, 3, 4, 5, CLEARWATER FL i 14 & 15 (PER O.R.`S 33767 1603 2960/219 & 13087/1581) PROPERTY ADDR: 10 BAY ESPLANADE _______________________________________________________________________ �- 77,/ DEC, 0 1 2008 ' JIM SMITH * ' OINELLAS COUNTY PROPERTY AAlkAISER 26-Nov-2008 PAGE; 6 PARCEL #/BRIEF LEGAL DESC OWNER'S NAME AND ADDRESS 05 / 29 / 15 / 16362 / 008 / 0060 PALM PAVILION CLWR INC CLEARWATER BEACH REV 18 BAY ESPLANADE 8LK 8, LOTS 6, 7 AND 13 CLEARWATER FL 33767 1603 PROPERTY ADDR! 18 BAY ESPLANADE _______________________________________________________________________ 05 / 29 / 15 / 16362 / 008 / 0880 CLEARWATER BEACH REV 8LK 8, LOTS 8r9,10 AND 11 PROPERTY /4DDR; 32 BAY ESPLANADE ___________________________________ � 05 / 29 / 15 / 16362 / 008 / 0120 CLEARWATER BEACH REV 8LK 8, LOT 12 ' PROPERTY ADDR; NOSTIMO INC C/O AMERADA HESS ATTN TAX DEPT ONE HESS PLZ WOOD8RIDGE NJ 07095 1229 JAY-GEE DEVELOPMENT LLC 13555 AUTOMOBILE DR CLEARWATER FL 33762 3826 � 05 / 29 / 15 / 54792 / 001 / 0030 SHEAR, L DAVID � MANDALAY REPLAT UNIT 5 C/8 RUDEN, MC CLOSKY, SMITH 8LK A, LOT 2 LESS N 35FT 401 E JACKSON ST STE 2700 LOTS 3 AND 4 TAMPA FL � 33602 5841 � PROPERTY ADDR� 601 MANDALAY AVE ' 05 / 29 / 15 / 54792 / 002 / 0040 CLEARWATER, CITY OF MAMDALAY REPLAT UNIT 5 ATTN; CASH & INVESTMENTS MGR 8LK By LOTS 4,5,6,7 8 P O BOX 4748 8 S 300.7FTOF LOT 9 & VAC CLEARWATER FL ALLEY E OF 6,7, & 8 33758 474{} PROPERTY ADDR; ____________________________________________________________ 05 / 29 / 15 / 77276 / 000 / 0001 ROYAL CAMELOT CONDO ASSN INC ROYAL CAMELOT RESORT CONDO 703 COURT ST COMMON ELEMENTS CLEARWATER FL 33756 5507 PROPERTY ADDR: ________________________________________________________________________ � u�� ui �� JIM SMITH �� INELLAS COUNTY PROPERTY A��kAISER 26-Nov-2008 PAGE; 7 PARCEL #/8RIEF LEGAL DESC OWNER'S NAME AND ADDRESS 05 / 29 / 15 / 77276 / 000 / 1010 ROYAL CAMELOT LLC ROYAL CAMELOT RESORT CONDO 5560 BATES ST UNIT 101 SEMINOLE FL 33772 7149 PROPERTY ADDR: 603 MANDALAY AVE # 101 05 / 29 / 15 / 77276 / 000 / 1020 RUBINSON, AILEEN ROYAL CAMELOT RESORT CONDO 4315 AEGEAN DR # 204C � UNIT 102 TAMPA FL 33611 2415 PROPERTY ADDR; _______________________________________________________________________ 603 MANDALAY AVE # 102 05 / 29 / 15 / 77276 / 000 / 1030 8ECKERMAN, CHARLES G ' ROYAL CAMELOT RESORT CONDO 8ECKERMAN, MADELINE L ' UNIT 103 478 COVE POINA DR FLORENCE SC � PROPERTY ADDR; 603 MANDALAY AVE # 103 _______________________________________________________________________ � 05 / 29 / 15 / 17276 / 000 / 1040 MC COY, DAVID ROYAL CAMELOT RESORT CONDO DUVALL, STEPHEN UNIT 104 11580 116TH ST LARGO FL ' 33778 3033 PROPERTY ADDR; 603 MANDALAY AVE # 104 _______________________________________________________________________ 05 / 29 / 15 / 77276 y 000 / 1050 TINSLEY, RICHARD C ROYAL CAMELOT RESORT CONDO TINSLEY, PATSY A UNIT 105 8713 BAY POINTE DR TAMPA FL 33615 4900 PROPERTY ADDR; 603 MANDALAY AVE # 105 !-------------------------------------- --------------------------------- 05 / 29 / 15 / 77276 / 000 / 1060 CARPENTER, STEVEN K ROYAL CAMELOT RESORT CONDO CARPENTER, JANE D . UNIT 106 693 W GRAND RIVER OKEMOS MI 48864 3110 PROPERTY ADDR; 603 MANDALAY AVE # 106 ____________________-__________________________________________________ �� 1 �Ap� ~^~ ~ � �o�w . F, W770770-7! Irk"" cityUF .` ` . �� JIM SMITH �N�� ' ��INELLAS COUNTY PROPERTY A��AISER 26-Nov-2008 PAGE; 8 PARCEL #/BRIEF LEGAL DESC OWNER'S NAME AND ADDRESS 05 / 29 / 15 / 77276 / 000 / 1070 MINOR, HELEN ROYAL CAMELOT RESORT CONDO 693 W GRAND RIVER UNIT 107 OKEMOS MI 48864 3110 PROPERTY ADDR; 603 MANDALAY AVE # 107 _______-______-____________________________________________________ 05 / 29 / 15 / 77276 / 000 / 1080 CLEMEN, MICHAEL G ROYAL CAMELOT RESORT CONDO CLEMENG, GWEN S ' UNIT 108 3920 CAPITOL DR ' PALM HARBOR FL 34685 1079 � PROPERTY ADDR; ________________________________________________________________ 603 MANDALAY AVE # 108 | 05 / 29 / 15 / 77276 / 000 / 1090 A88YDALLAS ENTERPRISES LLC ROYAL CAMELOT RESORT CONDO 14515 MIRA8ELLE VISTA CIR UNIT 109 TAMPA FL ' 33626 3348 PROPERTY ADDR; _______________________________________________________________________ 603 MANDALAY AVE # 1()9 05 / 29 y 15 / 77276 / 000 / 110() JOHNSON, RICHARD M ROYAL CAMELOT RESORT CONDO JOHNSON, LORI A UNIT 110 664 N FIRST BANK DR PALATINE IL 60067 8112 PROPERTY ADDRI' 603 MANDALAY AVE # 110 ______________ 05 / 29 / 15 / 77276 / 000 / 2010 WAIALUA SUNSET PARADISE LLC ' ROYAL CAMELOT RESORT CONDO 5320 COLLEGE BLVD UNIT 20� - OVERLAND PARK KS � 66211 1621 PROPERTY ADDR; 603 MANDALAY AVE # 201 _______________________________________________________________________ 05 / 29 / 15 / 77276 / 000 / 2020 KIRBY, SUSAN M ROYAL CAMELOT RESORT CONDO 2255 WESTOURY AVE UNIT 202 CLEARWATER FL ]3764 6714 PROPERTY ADDR; 603 MANDALAY AVE # 202 ----------------- _----------------------- _----------------------------- ` 05 / 29 / 15 / 77276 / 000 / 2030 PERLIN, MICHAEL ROYAL CAMELOT RESORT CONDO PERLIN, JODI UNIT 203 1970 PROMENADE WAY CLEARWATEB EL 33760 1734 PROPERTY ADDR; 603 MANDALAY AVE # 203 -----------------------------~----------------------------------------- U JIM SMITH ' 9INELLAS COUNTY PROPERTY A41PAISER PARCEL #/BRIEF LEGAL DESC OWNEF(/S NAME AND ADDRESS 05 / 29 / 15 / 77276 / 000 / 2040 WHITLEY, CLARENCE � ROYAL CAMELOT RESORT CONDO KING, MARGARET M UNIT 204 9982 LAKE SEMINOLE DR W LARGO FL 33773 4550 ! PROPERTY ADDR; 603 MANDALAY AVE #'204 ----------------------------------------------------------------------- 05 / 29 / 15 / 77276 / 000 / 2050 ROYAL CAMELOT RESORT CONDO UNIT 205 PROPERTY ADDR; 603 MANDALAY AVE # 205 _____________________________________ FLURNOY, RONALD D FLURNOY, MARY ANGELA 2054 LARCHMOWT WAY CLEARWATER FL 33764 6720 05 / 29 / 15 / 77276 / 000 / 2060 CARPENTER, STEVEN K ROYAL CAMELOT RESORT CONDO CARPENTER, JANE D UNIT 206 693 W GRAND RIVER ' OKEMOS MI 48864 3110 PROPERTY ADDR' 603 MANDALAY AVE # 206 �05/29/15/77276/000/2070 MORDOCHE, LUIS M ROYAL CAMELOT RESORT CONDO MORDOCHE, MARIA E � UNIT 207 11042 LYNN LAKE DR TAMPA FL 33625 5641 PROPERTY ADDR; 603 MANDALAY AVE # 207 ____________________________________________________________________ 05 / 29 / 15 / 77276 / 000 / 2080 ROYAL CAMELOT LUG ROYAL CAMELOT RESORT CONDO C/O VINCENT STONA UNIT 208 119 WOODCREEK DR S SAFETY HARBOR FL 34695 5512 PROPERTY ADDR; 603 MANDALAY AVE # 208 _______________________________________________________________________ 05 / 29 / 15 / 77276 / 000 / 2090 STYPUL, BRYAN ROYAL CAMELOT RESORT CONDO STYPUL, SHERYL UNIT 209 100 MAIN ST # 301 SAFETY HARBOR FL 34695 3668 PROPERTY ADDR; 603 MANDALAY AVE # 209 ----------------------------------------------------------------------- ��" � ~^��. JIM NELLAS COUNTY 26-Nov-Z008 PARCEL #/8RIEF LEGAL DESC 05 / 29 / 15 / 77276 / 000 / 2100 ROYAL CAMELOT RESORT CONDO UNIT 210 ` PROPERTY ADDR; 603 MANDALAY AVE # 210 _____________________________________ _ SMJTH PROPERTY A��AISER �� PAGE; 10 OWNER'S NAME AND ADDRESS PHILLIPS, JOHN 5414 W CRENSHAW TAMPA FL 33634 3009 ----------------- 05 / 29 / 15 / 77276 / 000 / 2110 BEN-AVRAHAM, RENE ROYAL CAMELOT RESORT CONDO BEN-AVRAHAM, SUSAN UNIT 211 3806 S LINWOOD AVE TAMPA FL 33611 1528 PROPERTY ADDR; 603 MANDALAY AVE # 211 �---------------------------- w ----------------------------------- 05 / 29 / 15 / 77276 / 000 / 2120 GARRONE, JEFF � ROYAL CAMELOT RESORT CONDO 4518 S CAMERON AVE � UNIT 212 TAMPA FL 33611 2223 ' � PROPERTY ADDR; 603 MANDALAY AVE 0212 !--------------------- -------------------------------------------- TOTAL PARCELS: 59 �8 snow" • MEMORANDUM TO: Community Development Board FROM: A. Scott Kurleman, Planner III RE: Request for continuance to a date uncertain DATE: December 7, 2009 9 The applicant requests a continuance of case DVA2008 -00003 to a date uncertain. • Kurleman, Scott • From: Goudeau, Cyndie Sent: Thursday, December 03, 2009 1:41 PM To: Clayton, Gina; Delk, Michael Cc: Akin, Pam; Vaughan, Karen; Tefft, Robert; Kurleman, Scott; Dougall- Sides, Leslie; Call, Rosemarie; Sullivan, Patricia Subject: RE: DVA 2008 -00003 - 20 Kendall Street Just talked to Ed again. Please continue this DVA from the CDB on December 15 to a date uncertain. Understands the applicant will have to pay for the re- advertising once they are ready to move forward. We do not have to continue from the 12/17 Council meeting as the ad had not run and we were able to pull. Cyndie From: Clayton, Gina Sent: Thursday, December 03, 2009 10:12 AM To: Goudeau, Cyndie; Delk, Michael Cc: Akin, Pam; Vaughan, Karen; Tefft, Robert; Kurleman, Scott; Dougall- Sides, Leslie Subject: RE: DVA 2008 -00003 - 20 Kendall Street Thanks — we've been trying to get an electronic copy of the agreement so we could finish entering the item in muniagenda. ?. From: Goudeau, Cyndie 4 Sent: Thursday, December 03, 2009 10:00 AM To: Delk, Michael; Clayton, Gina Cc: Akin, Pam;. Vaughan, Karen Subject: DVA 2008 -00003 - 20 Kendall Street . , Got a call this morning from Ed Hooper. He wants to continue this item, currently scheduled for the 12/17 meeting, to a date uncertain. : Of course, the ad was in the paper today, so we'll still have to list it on the agenda but have to be continued. I informed him that if we do not continue to a date certain, it will have to be re- advertised and his client will need to pay for that. - Cyndie Resume A. Scott Kurleman 100 South Myrtle Avenue Clearwater, FL 33756 727 -562 -4553 scott.kurleman a mvclearwater.com . PROFESSIONAL EXPERIENCE • Planner III • Planner II August 2008 to present June 2005 to August 2008 Regulate growth and development of the City in accordance with land resource ordinances and regulations related to community development. Landscape plan review including: conceptual, variance, and conditional use. Reviews. and analyzes site plans and conducts field studies to determine the integrity of development plans and their compatibility with surroundings. Interdepartmental and zoning assistance. Respond as a City representative to citizens, City officials, and businesses concerning ordinances and regulations. Make recommendations and presentations at staff level at various review committees, boards, and meetings. • Land Resource Specialist City of Clearwater June 1996 to June 2005 Coordinates with City Legal Department to initiate legal proceedings for non - compliance with City land resource regulations. Landscape re- inspection program. Plans and directs program to ensure that plant material installed per the approved landscape plan remains in a healthy growing condition in „perpetuity and restores deficient landscaped with new plant material. Certificate of Occupancy Inspection. Perform inspections with contractors, owners, and City departments to monitor the installation of required landscape material per an approved site plan. Process tree permits ensuring that regulations governing the removal criteria are followed. Provide technical tree evaluations for structural defects, hazards, proper pruning, and identification for trees on public and private properties. • Account Manager Cherry Lake Farms, IMG Enterprise, Inc. 1993-1996 Groveland, FL Supervised and managed existing territory accounts, while handling a strategic marketing plan. Planned and directed in -field inspection program for landscape architects, municipalities and private corporations. Prepared technical training modules for corporate employees and customers regarding arboricultural techniques related to trees. • Licensed Marketing Representative Allstate Insurance Company 1991-1993 Clearwater, FL Field inspections of insured structures. Policy service and account maintenance. 0 0 • Store Manager William Natorp company, Inc. 1983-1991 Cincinnati, OH Managed a team of 20 sales people and sales associates in a landscape center. Responsible for teams of employees including but not limited to payroll, budgeting, sales, store and equipment maintenance, workplace safety, and advertising. Managed outdoor staff, merchandised and cared for all outdoor products. Responsible for all indoor staff and horticultural products. EDUCATION GRADUATE — Certificate: Community Development, UNIVERSITY OF SOUTH FLORIDA, TAMPA, FLORIDA. Currently pursuing. BS in Sustainability Management, ST. PETERSBURG COLLEGE, FLORIDA. Currently pursuing. BA in Business Administration, ST. LEO UNIVERSITY, ST. LEO, FLORIDA. Graduated July, 2002 Cum Laude. Major: Management AA in Business Administration, ST. PETERSBURG COLLEGE, FLORIDA. Graduated 1998. Major: Management. AS in Ornamental Horticulture, OHIO STATE UNIVERSITY, WOOSTER, Graduated 1984 Cum Laude. Major: Horticulture Technology with emphasis in Arboriculture. ISA, International Society of Arboriculture, Certified Arborist, FL -0414. • MEMORANDUM TO: Community Development Board FROM: A. Scott Kurleman, Planner III RE: Request for Continuance to a date uncertain DATE: December 7, 2009 • The applicant requests a continuance of case DVA2008 -00003 to a date uncertain.;. • AERIAL MAP All r � F r€ o 0 ►e i,�ii � r r Ilk W, y 49 wl � �# J � e � ;� • e 4 e k i y< M141 i� 1. -a .. - • Y' r"F R "M:_ -.: , AERIAL MAP O•Nnec Panorara on Clearwater BEac-i, LLC and Case: FLD2008 -12034 Evangel ne P. Samarkos, as T-uslne of the DVA�C08 -00003 Evangel ne P Sariorkos Rev -rus- LAD 3/27/06, vlichael A Samorko; & � /ictoria Harkey Site: 20 Kend_II Street =rope-ty Size: .60 A --es PlH: 05- 29- 15`16362 -00' -0050 %tas Page: 258A 05 -29 -15 -16362 -007 -0060 25- 29 -15r 16362 -007 -0070 35- 29- 15- 16362 -00:' -0071 D5- 29- 15- 16362 -00� -0080 D5- 29- 15- 116362 -00� -0081 D5- 29- 15- 16362 -00' -0140 D5- 29 -15- !16362 -00' -0130 9 9 ZONING MAP N I 1 6 I 7 8 1 2 3 643 _ 648 12 �o I 13 1 o 14 13 4 11 Ito 2 — - L�� m t� I 637 — N40 538 . c GLENDALE ST 1 I 2 Q 6491 Z 2 15 Q GULF I— �� 94146 T W P 1 631 1 636 CO OF 1a 3 10 629 19634 13 5 2 63z a 1 I 7 MEXICO 619 3 11 110 O 40 M N NI 622 — 4 03436 3 — 4 5 6 7 I8 620 — — 5 622 2 —�— 15 13 111 I I 6 O s 671 eo 114 12 N N 11 N b12 — — — I 9 T 10 �I 610 7 I I P o, R� 9 `�I �6 609 M 1 I I 605 8 —_ —I 4 5 7 11 t 8 rn I I s m _ s~ — 603 2 r 14 — — 15 12 111 J— 1 04 i 605 I I G00 z 3 1 -U 7 � 601 1 co 13 o Nto w 1� 0 585 6 8 10 54 4 581 Q 579 OS /R F— L-2 362 534 1 603 — 581 579 A I 04 _ g r — 57 55 602 r 5 —q 7 55 80 4 °v I— .I$`�—I 531 d, 905(s) ®SA? 532 P (16) ZONING MAP Owner: Panorama on Clearwater Beach, LLC and Case: FLD2008 -12034 Evangeline P. Samarkos, as Trustee of the DVA2008 -00003 Evangeline P Samarkos Rev Trust UAD 3/27/06, Michael A Samarkos & Victoria Harkey_ Site: 20 Kendall Street Property Size: .60 Acres PIN: 05- 29 -15- 16362- 007 -0050 Atlas Page: 258A 05- 29- 15- 16362- 007 -0060 05- 29- 15- 16362- 007 -0070 05- 29- 15- 16362- 007 -0071 05- 29- 15- 16362- 007 -0080 05- 29- 15- 16362- 007 -0081 05 -29 -15 -16362 -007 -0140 05 -29 -15 -16362 -007 -0130 N I 17 8 19 2 S-- _ 15 14 12 11 110 I 13 1 o m N I F— L-2 362 534 1 603 — 581 579 A I 04 _ g r — 57 55 602 r 5 —q 7 55 80 4 °v I— .I$`�—I 531 d, 905(s) ®SA? 532 P (16) ZONING MAP Owner: Panorama on Clearwater Beach, LLC and Case: FLD2008 -12034 Evangeline P. Samarkos, as Trustee of the DVA2008 -00003 Evangeline P Samarkos Rev Trust UAD 3/27/06, Michael A Samarkos & Victoria Harkey_ Site: 20 Kendall Street Property Size: .60 Acres PIN: 05- 29 -15- 16362- 007 -0050 Atlas Page: 258A 05- 29- 15- 16362- 007 -0060 05- 29- 15- 16362- 007 -0070 05- 29- 15- 16362- 007 -0071 05- 29- 15- 16362- 007 -0080 05- 29- 15- 16362- 007 -0081 05 -29 -15 -16362 -007 -0140 05 -29 -15 -16362 -007 -0130 0 9 EXISTING CONDITIONS MAP O 1 6 11 18 643 3 648 so Y. 10 I � � 14 13 4 11 1 10 O 2 L °�� 1 CN N40 6 i9 - x38 \ 1 I a Q 6491 ` GLENDALE ST Q GULF 94146 e ~ LU 15 L — — 1 631 I 636 0 Z 13 OF a 3 0 629 2 9634 5 632 Q. t MEXICO 619 3 e eat — — — 0 r 4 03436 622 L -- —J 5 6 . 60 611 G0 c 11 110 1� L-1 - - -11 0 7 11 9 1 o 9 606 609 1 r U III I 6 605 3 4 5 � 8 11 N s- 8 — — 7 8 , Q a t — — � 603 2 n 3 00 r 14 1 04 Q 605 11 L I o 7 - i 15 13 12 111 , J L , C 601 585 �` 6 1 O O p 1 Q 3 0 5484 581 g < 579 Owner: Panorama on Clearwater Beach, LLC and Case: FLD2008 -12034 — 3 14 15 6 17 819 2 3/27/06, Michael A Samarkos & Victoria 15 I 14 N N 6 1 11�80- 3 00 .- 1 M PIN: 05- 29- 15- 16362- 007 -0050 Atlas Page: 258A 05- 29- 15- 16362- 007 -0060 — 4 5 05- 29- 15- 16362- 007 -0071 7 620 2 05- 29- 15- 16362- 007 -0081 6 I8 05- 29- 15- 16362- 007 -0130 1 — — 15 1 14 13 12 11 1 NN N 672 b1 610 — — — 0 r 4 03436 622 L -- —J 5 6 . 60 611 G0 c 11 110 1� L-1 - - -11 0 7 11 9 1 o 9 606 609 1 r U III I 6 605 3 4 5 � 8 11 N s- 8 — — 7 8 , Q a t — — � 603 2 n 3 00 r 14 1 04 Q 605 11 L I o 7 - i 15 13 12 111 , J L , C 601 585 �` 6 1 O O p 1 Q 3 0 5484 581 g < 579 r- L 362 16 1 534 532 (16) 603 581 dO4 55779 9 1 5 L 5713 1-4, - - r - 57 602 8 1 7 6 — — � 1 —1 1 5 80 4 t 60 L— 10 I —I 0 ,00 S EXISTING CONDITIONS MAP Owner: Panorama on Clearwater Beach, LLC and Case: FLD2008 -12034 — 3 14 15 6 17 819 2 3/27/06, Michael A Samarkos & Victoria 15 I 14 1 r12 11�80- Property Size: .60 Acres 00 .- 1 M r- L 362 16 1 534 532 (16) 603 581 dO4 55779 9 1 5 L 5713 1-4, - - r - 57 602 8 1 7 6 — — � 1 —1 1 5 80 4 t 60 L— 10 I —I 0 ,00 S EXISTING CONDITIONS MAP Owner: Panorama on Clearwater Beach, LLC and Case: FLD2008 -12034 Evangeline P. Samarkos, as Trustee of the DVA2008 -00003 Evangeline P Samarkos Rev Trust UAD 3/27/06, Michael A Samarkos & Victoria Harkey Site: 20 Kendall Street Property Size: .60 Acres PIN: 05- 29- 15- 16362- 007 -0050 Atlas Page: 258A 05- 29- 15- 16362- 007 -0060 05- 29- 15- 16362- 007 -0070 05- 29- 15- 16362- 007 -0071 05- 29- 15- 16362- 007 -0080 05- 29- 15- 16362- 007 -0081 05- 29- 15- 16362- 007 -0140 05- 29- 15- 16362- 007 -0130 0 0 LOCATION MAP Ilk j O z O w o z � z z IRIS m � ASTER O ACA(: ' SOMERSET ST 0 CAMBRIA W 0 Inl F:mi n 0 PROJECT GLENOALE ROYAL AY NpRe� SITE HEILW�OOD O BAY N !r DO KE D L Juanita Z D ❑S BAY ESPLANADE NfJ ROCKAWAY Amblar SN BAYMONT ST SKfFF Q � O SA N MARCO n .. (0 POINT PAPAYA ST uFi DO w LOCATION MAP Owner: Panorama on Clearwater Beach, LLC and Case: FLD2008 -12034 Evangeline P. Samarkos, as Trustee of the DVA2008 -00003 Evangeline P Samarkos Rev Trust UAD 3/27/06, Michael A Samarkos & Victoria Harkey Site: 20 Kendall Street Property Size: .60 Acres PIN: 05- 29 -15- 16362- 007 -0050 Atlas Page: 258A 05- 29 -15- 16362- 007 70060 05- 29- 15- 16362- 007 -0070 05- 29- 15- 16362- 007 -0071 05- 29- 15- 16362- 007 -0080 05- 29- 15- 16362- 007 -0081 05- 29- 15- 16362- 007 -0140 05- 29 -15- 16362- 007 -0130 0 0 CITY OF CLEARWATER NOTICE OF INTENT TO CONSIDER A DEVELOPMENT AGREEMENT Public hearings will be conducted before the Community Development Board on June 16, 2009, beginning at 1:00 PM (or as soon thereafter as the matter may be heard), in City Council Chambers, 3rd floor of City Hall, 112 South Osceola Ave., Clearwater, Florida, to consider approving a Development Agreement between the City of Clearwater and Panorama on Clearwater Beach, LLC and Evangeline P. Samarkos, as Trustee of the Evangeline P. Samarkos Revocable Trust UAD 3/27/06, Michael A. Samarkos, Victoria Harkey. for property located at 20 Kendall St. legally described as Lots 5, 6, 7, 8, 13 & 14, Block 7, Revised map of Clearwater Beach, according to the plot thereof as recorded in Plat Book 11, Page 5, of the Public Records of Pinellas County, Florida. The above described parcel contains 0.60 acres, more or less. DVA2008 -00003 The Development Agreement will allow for the allocation of 58 units from the Hotel Density Reserve and approximately 1482 square feet of amenities accessory to the hotel at a height of 72 feet (to roof deck) and 86.5 feet (to elevator equipment). Public hearings will also be held to consider requests for a Flexible Land Development for the above - described property. Interested parties may appear to be heard or file written notice of approval or objections with the Planning Department or the City Clerk prior to or during the public hearing. Any person who decides to appeal any decision made by the Board, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Additional information, including the Development Agreement, is available in the Planning Department at the Municipal Services Building, 100 S. Myrtle Avenue, Clearwater, Florida, or call 562 -4567. Michael Delk Cynthia E. Goudeau, MMC Planning Director City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758 -4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATIONS IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPARTMENT WITH THEIR REQUEST AT (727) 562 -4090. To learn more about presenting to Clearwater boards and City Council, go to http:// clearwater .granicus.comNiewPublisher.php ?view id =11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. $. ITA We • 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 16, 2009, beginning at 1:00 PM, in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida, to consider the following request: 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. Panorama on Clearwater Beach, LLC and Evangeline P. Samarkos, as Trustee of the Evangeline P. Samarkos Revocable Trust UAD 3/27/06, Michael A. Samarkos, Victoria Harkey are requesting (1) Flexible Development approval to permit an 88 -room overnight accommodation use in the Tourist (T) District with a reduction to lot width along Kendall Street 150 ft to 100 ft (south side), a reduction to the front (south) setback from 15 ft to 10.8 ft (to proposed building) and zero ft (to proposed sidewalk), a reduction to the front (north) setback from 15 ft to 10 ft (to proposed building) and zero ft (to proposed pavement), a reduction to the side (west) setback from 10 ft to five ft (to proposed building) and zero ft (to proposed pavement), a reduction to the side (east) setback from 10 ft to five ft (to proposed building), a reduction to the rear (south) setback from 20 ft to five ft (to proposed building), and an increase to the building height from 35 ft to 72 ft (to top of roof deck) and 86.5 ft (to elevator equipment) under the provisions of Community Development Code (CDC) Sec. 2- 803.I, and approval of a two -year development order; and (2) Increase of the permitted density by the allocation of 58 overnight accommodation units from the Hotel Density Reserve created pursuant to Beach by Design. as per Section of the Community Development Code.. [Proposed Use: Overnight Accommodations (88- rooms)] at 20 Kendall Street, Lots 5, 6, 7, 8 & 14, Block 7, Revised map of Clearwater Beach, according to the plot thereof as recorded in Plat Book 11, Page 5, of the Public Records of Pinellas County, Florida. The above described parcel contains 0.60 acres more or less.. Assigned Planner: A. Scott Kurleman, Planner III. FLD2008 -12034 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 assigned planner 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.comNiewPublisher.php ?view id =11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad: 06/06/09 • `Clearwater December 05, 2008 Ed Armstrong Po Box 1368 Clearwater, F133757 -1368 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. MYC LEAR W ATER. C OM VIA FAX: 727- 462 -0365 RE: DVA2008 -00003 -- 20 KENDALL ST -- Letter of Completeness Dear Ed Armstrong: The Planning Staff has entered your application into the Department's filing system and assigned the case number: DVA2008- 00003. After a preliminary review of the submitted documents, staff has determined that the application is complete. The Development Review Committee (DRC) will review the application for sufficiency on January 08, 2009, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. You will be contacted by the Planning Department's Administrative Analyst within one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 562 -4553 or Scott.Kurleman@myclearwater.com. Sincerely yours, -4, ;�r �� Scott Kurleman Planner III Letter of Completeness - DVA2008 -00003 - 20 KENDALL ST U n ('44 '4t a- T W W RESPONSES TO DRC COMMENTS DVA2008 -00003 — 20 Kendall Street GENERAL ENGINEERING: No issues. ENVIRONMENTAL: No issues. HARBOR MASTER: No issues. ORIGINAL RECEIVED 1 1 10 2009 CRY OF CLEAP iVAe It LEGAL [All comments provided by Leslie Dougall- Sidesl: Comment No. 1: Follow any procedures Planning has developed for application for the Hotel Density Reserve units. Response No. 1: Such procedures are outlined in draft development order as indicated in Ord. 7925 -08, Exhibit A Comment No. 2: Sec. 3.2. Provide evidence of real estate sales contract. Response No. 2: An affidavit will be provided Comment No. 3: Sec. 4.3.2. Expand on description of arrangements for hotel guests, assuring operation is typical of hotel facilities. Expand on description of development and operation as hotel and fractional share /interval ownership project. May fractional share owner own "period of time greater than 30 days" total over year but divided up into discrete units of 30 days of less, or would the fractional share owner own, say, 60 consecutive days? Response No. 3: See updated draft development agreement. Comment No. 4: Sec. 5.3 states 10 -year duration; Section 11.1 retains 20- year time period for prohibition of downzoning, etc. Response No. 4: See updated draft development agreement. 0 T s. Comment No. 5: Sec. 6.3.1. DVA to be approved after Site Plan? Add that Developer shall comply with all conditions to Site Plan approval imposed by CDB. Response No. 5 Comment No. 6: Response No. 6 Comment No. 7: Response No. 7: Comment No. 8: Response No. 8 Comment No. 9: Response No. 9: Comment No. 10: Response No. 10: Comment No. 11: Response No. 11: Comment No. 12: Response No. 12: Comment No. 13: Response No. 13 Comment No. 14: Response No. 14 See updated draft development agreement. Sec. 6.1.3.2. Specify which permits are referenced. See updated draft development agreement. Sec. 6.1.4. Clarify language in second sentence, does not seem to make sense. See updated draft development agreement. Sec. 6.1.5. Clarify when Hotel Density Reserve units will be returned to Pool. See updated draft development agreement. Sec. 6.1.6. Add Developer to enter into binding agreements with unit purchasers so specifying. See updated draft development agreement. Sec. 6.2.2.2. Delete "at ". See updated draft development agreement. Sec. 6.2.3. Specify how and when Project shall receive the 60 units. See updated draft development agreement. Sec. 11.1. Harmonize with Term in 5.3. See updated draft development agreement. Exh. C, page i, para. 2, line 3: change "it's" to "its ". See updated draft development agreement. Exh. C, page i, para 3: clarify procedure for applying for and obtaining approval for Hotel Density Reserve Units. See updated draft development agreement. 2 ORIGINAL RECEIVE® FEB 10 2009 PLA xw ow, a , F CITY OF CLEAP.VVA •R fI `� Comment No. 15: Exh. C, page iii, Effective Date para., line 3, change to "evidenced ". Response No. 15: See updated draft development agreement. LAND RESOURCES: No issues. LANDSCAPING: No comments. No comments. STORMWATER: No issues. SOLID WASTE: No comments. TRAFFIC ENGINEERING: No issues. PLANNING: No comments. OTHER: No Comments 2/10/2009 8:39 AM 050146.116759 #477223 v1 - Ambiance /DVA Responses to Comments 3 ORIGINAL RECEIVED FF8 10 2009 C fly Of abkmrEv, ' u Y r � V cleamater Planning Department 100 South Myrtle Avenue > Clearwater, Florida 33756 Telephone: 727 - 562 -4567 Fax: 727 - 562 -4865 ❑ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ❑ SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans ❑ SUBMIT APPLICATION FEE $ CASE M DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: DEVELOPMENT AGREEMENT APPLICATION (Revised 05/22/02) PLEASE TYPE OR PRINT— A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4- 202.A) Panorama on Clearwater Beach, LLC, APPLICANTNAME: a Florida limited liability company MAILING ADDRESS: 691 S. Gulfview Boulevard,_ Clearwater Beach, FL 33767 PHONE NUMBER: (727) 421 -1250 FAX NUMBER: CELL NUMBER: EMAIL ADDRESS: Applicant AND Evangeline P. Samarkos, as Trustee of the Evangeline P. PROPERTY OWNER(S): (Must include ALL owners) c/o 106 Midway Island, Clearwater, FL 33767 -2313 AGENTNAME: E. D. Armstrong III, Esquire, and Johnson, Pope, Bokor, Runnel & Burnsi LLP MAILINGADDRESS: P. 0. Box 1368, Clearwater, FL 33757 -1368 PHONE NUMBER: (727) 461 -1818 FAX NUMBER: (727) 462 -0365 B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: 20 Kendall Street (and adjoining vacant parcels) LEGAL DESCRIPTION: See Exhibit "A" attached. PARCEL NUMBER: See Exhibit "A" attached — 8 parcels. PARCEL SIZE: 0.6 acre (acres, square feet) PROPOSED USE AND SIZE: 90 —unit overnight accommodations (see Development Agreement (number of dwelling units, hotel rooms or square footage of nonresidential use) for detailed description) DESCRIPTION OF ANY RELATED REQUEST(S): Flexible development approval of a comprehensive infill redevelopment project. (approval of a developmentinclude all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANN I DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? .YES X NO _ (if yes, attach a copy o� documents) 60 units from the Hotel Density Reserve i C[IVED Page 1 of 5 — Development Agreement Application — City of Clearwater qm 10 2009 PLAN .NG P7 TW34T CITY OF C aRINAn-:1 �t B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4- 606.6) An application for approval of a development agreement shall be accompanied by the following (use separate sheets or Include in a formal report): ❑ STATEMENT OF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,WHICH SHALL NOT EXCEED TEN YEARS ❑ DESCRIPTION OF ALL EXISTING AND PROPOSED PUBLIC FACILITIES AND SERVICES THAT SERVE OR WILL SERVE THE DEVELOPMENT; ❑ DESCRIPTION OF THE USES DESIRED TO BE PERMITTED ON THE LAND, INCLUDING POPULATION DENSITIES AND BUILDING INTENSITIES AND HEIGHTS; ❑ INDENTIFICATION OF ZONING DISTRICT CHANGES, CODE AMENDMENTS THAT WILL BE REQUIRED IF THE PROPOSED DEVELOPME PROPOSAL WERE TO BE APPROVED; ❑ ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES; ❑ COMPLETE NAMES AND ADDRESSES OF ALL OWNERS OR PROPERTIES ABUTTING OR LYING WITHIN 200 FEET OF THE SUBJECT PROPERTY AS CURRENTLY LISTED IN THE COUNTY RECORDS AS OF ONE WEEK PRIOR TO THE FILING OF AN APPLICATION. C. PROOF OF OWNERSHIP: (Section 4- 202.A) ❑ SUBMIT A COPY OF THE TITLE OR DEED TO THE PROPERTY OR PROVIDE OWNER SIGNATURE ON PAGE OF THIS APPLICATION D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 4- 606.G) ❑ Provide the following contents to the development agreement, as follows: Contents. The approved development agreement shall contain, at a minimum, the following information: a. A legal description of the land subject to the development agreement. b. The names of all persons having legal or equitable ownership of the land. c. The duration of the development agreement, which shall not exceed ten years. d. The development uses proposed for the land, including population densities, building intensities and building height. e. A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. l development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115 percent of estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and servi( required to be constructed by the development agreement. The development agreement shall provide that such construction shall be comple prior to the issuance of any certificate of occupancy. f. A description of any reservation or dedication of land for public purposes. g. A description of all local development approvals approved or needed to be approved for the development. h. A finding that the development approvals as proposed is consistent with the comprehensive plan and the community development co Additionally, a finding that the requirements for concurrency as set forth in Article 4 Division 10 of these regulations have been satisfied. i. A description of any conditions; terms, restrictions or other requirements determined to be necessary by the city commission for the public heal safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental requirements in existing codes or ordinances of the city. j. A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not reliE the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. k. The development agreement may provide, in the discretion of the City Commission, that the entire development or any phase thereof commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of futt development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of 1 developer to comply with any such deadline. I. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure all successors in interest to the parties to the development agreement. m. All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications specifically anticipated in the development agreement. ORIGINAL RECEIVED Page 2 of 5 — Development Agreement Application — City of Clear � 7 ei471oa ql T E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4- 202.A) ❑ SIGNED AND SEALED. SURVEY (including legal description of property) —One original and 12 copies; ❑ COPY OF RECORDED PLAT, as applicable; ❑ PRELIMINARY PLAT, as required; ❑ LOCATION MAP OF THE PROPERTY. ❑ TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines.) ❑ GRADING PLAN, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A) ❑ SITE PLAN with the following information (not to exceed 24"x 36 "): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size of all buildings and structures; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights -of -way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all refuse collection facilities and all required screening (min. 10'x12' clear space); Location of all landscape material; Location of all onsite and offsite storm -water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. ❑ SITE DATA TABLE for existing, required, and proposed development, in written /tabular form: Land area in square feet and acres; Number of dwelling units proposed; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; Official records book and page numbers of all existing utility easement; Building and structure heights Impermeable surface ratio (I.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. ❑ REDUCED SITE PLAN to scale (8 Y2 X 11) and color rendering if possible; ❑ FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One -foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs; Tree Inventory; prepared by a "certified arborist ", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. ORIGINAL R CEIVED FEB 10 1AMIN Page 3 of 5 — Development Agreement Application — City of Clearwater /� faL tty Fill T t O C F uFl;AT of G. LANDSCAPING PLAN.SUBMITTAL REQUIREMENTS: (Section 4- 1102.A) ❑ LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Proposed and required parking spaces; Existing trees on -site and immediately adjacent to the site, by species, size and locations, including dripline; Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and /or shaded and labeled and. interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. ❑ REDUCED LANDSCAPE PLAN to scale (8'/: X 11) (color rendering if possible); ❑ 'IRRIGATION PLAN (required for level two and three approval); ❑ COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. H. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A.23) Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residential Infill Project. ❑ BUILDING ELEVATION DRAWINGS — all sides of all buildings including height dimensions, colors and materials; ❑ REDUCED BUILDING ELEVATIONS — four sides of building with colors and materials to scale (8'/ X 11) (black and white and color rendering, if possible) as required. I. SIGNAGE: (Division 19. SIGNS / Section 3 -1806) ❑ Comprehensive Sign Program application, as applicable (separate application and fee required). ❑ Reduced signage proposal (8'/ X 11) (color), if submitting Comprehensive Sign Program application. J. TRAFFIC IMPACT STUDY: (Section 4- 801.C) ❑ Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4 -801 C of the Community Development Code for exceptions to this requirement. K. SIGNATURE: I, the undersigned, acknowledge that all representations made in this STATE OF FLORIDA, COUNTY OF PINELLAS application are true and accurate to the best of my knowledge and Sworn, to and subscribed before me this 24'fA—day of authorize City representatives to visit and photograph the property November I A.D. 2008 to me and /or by described in this application. Katherine E. Cole who is personally known Xhft JOHNSON, POPE, BOKOR, RUPPEL & A' xx�v�vvv�vvvvv�v�vvv�v�v�� --�xx BURNS, LLP �x Signature of property owner or representativ Katherine E. Cole, Esq i4it0i w:n n x,41 r Nblary pdblic, My commission expires: ,o�'Y, ?t�, Jayne E. Sears E Commission # DD449633 Expires September 2, 2009. list 3onde0 Troy Fain - Insurance, Inc. 801>05-7019 C NY OF IUMMIOWM�_--k Page 4 of 5 — Development Agreement Application — City of Clearwater . !J L. AFFIDAVIT TO AUTHORIZE AGENT: Panorama on Clearwater-Beach, LLC;.a Florida limited l 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): Parcel Nos: 05/29/15/16362/007 /0140 05/29/15016362/007 /0071 1656. .. 65ti9ftVT63(s�M07M080 05/29/15/16362/007 /0070 2. That this property constitutes the property for which a request for a: (describe request) 3. That the undersigned (haslhave) appointed and (doestdo) appoint E. D. Armstrong III, Esquire, and Johnson, I Pope§ Bokor, Ruppel & Burns, LLP, P. 0. Box 1368, Clearwater, FL 33757 =1368 as (his/their) agents) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; fi. That (I/we), the undersigned authority, hereby certify that the foregoing Is true and correct. ..i.?aAprama' on CleaWater Beach COUNTY OF PINELLAS STATE OF FLORIDA, Uday Lele, Managing Member Before me the unde�sjgttgd, an officer duty commissioned by the laws of the State of Florida, on this 1 d of LUUt3 day November personally appeared Uday Lele, as Managing Member* who having been first duly sworn Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. _ *of.Panorama on Clearwater Beadhs-LLC, a Florida limited liability company Notary Public ' My Commission Expires: MARK KEINATH Notary public, State of Florida My Comm. Enirp& Anril R onne S.'"nningOepertmentlWicadon Formsldeve/ opmentrevieMdevelopmentagreement apploation&doc Page 5 of 5 — Development Agreement Application — City of Clearwater ORIGINAL RECEIVED PrR 10 2009 PLA NIG Qd PIAMWR T CRY OF CLEARWAR-1 L. AFFIDAVIT TO AUTHORIZE AGENT: 3/27/06, as.-to a.50Z interest, kichael A... Samarkos; as'-to a 25% interest, and (Names of all property owners) Victoria Harkey; aS t o a a interest I . That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 20 Kendall Street.(Parcel No. 05/29/15/16362/007 /0130) 2. That this property constitutes the property for which a request for a: (describe request) Development Agreement Approval 3. ' That the undersigned (has/have) ap pointed and ttdoes/do>I appoint E • D . Armstrong III, Esquire, and Johnson, Pope, Bokor, Ruppel & Burns, LLP,.P..0. Box 1368, Clearwater, FL 33757 -1368 I as (his/thelr) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to Induce the City of Clearwater, Florida to consider and act on the above described property; 5.. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 6. That (Uwe), the undersigned autho 'ty, hereby certify that the foregoing is true and correct Evangeli a P. Samarkbs,. as Trustee of Property Owner pZ g(iael i ,' .. the Evangeline P. Samarkos Revocable Property Owr6(/" Trust UAD 3/27/06 STATE OF FLORIDA, Victoria COUNTY OF PINELLAS Before me the urtti an officer duty commissioned by the [are of the State of Florida, n this `7 day of November U8 personally appeared Evangeline P. Samarkos who having been tdulyswom Deposes and says that he /she fully understands the contents of the affidavit that helshe signed. r *as Trustee of the Evangeline P.: Samarkos �' k Revocable Trust UAD 3/27/U6., Michael A. V 'Nc�Wubllc My commission Expires: Samarkos and Victoria Harkey =.S : SHARON SKI mm . • . _ NOUO PUNk - Stot of Fterida! Mp Comm- Eir*" Oct 16, 201'. '' •P„ „ta Cotftn W*A • 00 13104 S:IP/anning DepartmerrMpplication Formsldevelopment mviewide'velopment agreement applicallon1doc ORIGINAL RECEIVED I'7r9 10 2009 P Wig R w: CUARKM Page 5 of 5 — Development Agreement Application — City of Clearwater r i EXHIBIT "A" Legal Description Lots 5, 6, 7, 8, 13 and 14, Block 7, REVISED MAP OF CLEARWATER BEACH, according to the plat thereof as recorded in Plat Book 11, Page 5 of the Public Records of Pinellas County, Florida. Parcel Numbers Owned by Panorama on Clearwater Beach, LLC: 05/29/15/16362/007 /0050 05/29/15/16362/007 /0060 05/29/15/16362/007 /0070 05/29/15/16362/007 /0071 05/29/15/16362/007 /0080 05/29/15/16362/007 /0081 05/29/15/16362/007 /0140 Owned by Evangeline P. Samarkos, as Trustee of the Evangeline P. Samarkos Revocable Trust, UAD 3/27/06, Michael A. Samarkos and Victoria Harkey: 05/29/15/16362/007 /0130 ORIGINAL RECEIVED FP9 10 2009 It 0 0 EXHIBIT "B" TO DEVELOPMENT AGREEMENT APPLICATION Ambiance 20 Kendall Street Section B.2 Development Agreements Supplemental Submittal Requirements: ■ Statement of the requested duration.of the development agreement, which shall not exceed ten years. The proposed duration of the development agreement is 10 years and is stated as such in the development agreement. ■ Description of all existing and proposed public facilities and services that serve or will serve the development. The development will be served by City of Clearwater utilities and solid waste as Zoning stated in the development agreement. North OS /R Recreation /Open • Description of the uses desired to be permitted on the land, including ►t population densities and building intensities and heights. North The proposed use is a hotel consisting of 89 overnight accommodation units, ©�±, with a maximum height of 74' -4 ". 0+ UJ 4!0 • Identification of zoning district changes, code amendments that will be` VA tom. required if the proposed development proposal were to be approved. Resort Facilities The proposed use is allowed in the current zoning district ( "T ") and land use designation ( "RFH "). ■ Zoning and land use categories of all adjoining properties. Zoning Land Use North OS /R Recreation /Open west Space North Tourist Resort Facilities east High East Tourist Resort Facilities High South Tourist Resort Facilities High West OS /R Recreation /Open Space W 9 ■ Complete names and addresses of all owners of properties abutting or lying within 200 feet of the subject property as currently listed in the county records as of one week prior to the filing of an application. See list prepared by Pinellas County Property Appraiser which is attached hereto as Exhibit "C." [Intentionally omitted from this submittal] #469999 v1 - Lele /Ex to DVA 2 16- TV � x o L DEVELOPMENT AGREEMENT • THIS DEVELOPMENT AGREEMENT ( "AGREEMENT ") is dated 2009, and entered into between PANORAMA ON CLEARWATER BEACH, LLC, a Florida limited liability company ( "Developer "), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ( "City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ( "Act "), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City. WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4 -606 of the City of Clearwater Community Development Code ( "Code "), establishing procedures and requirements to consider and enter into development agreements. WHEREAS, Beach by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community by further providing for a limited pool of additional hotel units ( "Hotel Density Reserve ") to be made available for such mid -sized hotel projects; WHEREAS, the Developer controls approximately 0.60 acres of real property ( "Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein. WHEREAS, the Developer desires to develop the Property by Zplacing historic hotel` , Deleted: demolishing unit and_ other_ uses_ in o_rd_er_to_ add _89 ove_ nig_ ht_ acco _mm_odation_units,_ minimal _ Deleted: existing hotel rooms banquet/meeting space for guest use, pool, tiki -bar /pool grill on second floor, new lobby — Deleted: 90 and a parking garage with -ninety-seven (971�arkingjpaces,_g nerall� conforming to the _ Deleted: he ,mdre�(100) architectural elevation dimensions shown in composite Exhibit "B." Formatted: Highlight WHEREAS, upon completion the planned resort will contain ,nighty_ nine units, Deleted: ninety which includes 1 ni 9 units from the available Hotel Densi Pool — Deleted: 90 'eft- _�------------- �-- ' - - - - -- Deleted: sixty WHEREAS, the City has conducted such hearings as are required by and in accordance Deleted: 60 with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; Cn Lid LU 7../ LU ,WJ LL. 91 9 WHEREAS, the City has conducted public hearings as required by § 4 -206 and 4 -606 of the Community Development Code; WHEREAS, at a duly called public meeting on , 2009, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; WHEREAS, the Community Development Board approved the design and site plan as FLD2008- on , 2009 conditioned upon the approval and execution of this Agreement; WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subiect to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ( "Property"). 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 3.2. The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. Such contract is evidenced by the affidavit attached as Exhibit and contingent upon the passage of this Agreement. LILJ t M� L 4 • s 3.3 The Property is generally located at 20 Kendall Street and adjacent parcels as more further described in Exhibit A. SECTION 4. Scope of Proiect 4.1 The Project shall consist of no more than A9 overnight accommodation units_ , Deleted: 90 Such units may be traditional hotel rooms or fractional ownership units, as defined by the Community Development Code. 4.2 The Project shall include �7 parkingz spaces, as defined in the Community Deleted: 100 Development Code. 4.3 The design of the Project, as represented in Exhibit B, shall include, pursuant to Beach by Design: 4.3.1 Access to units shall be provided through a lobby and internal corridors. 4.3.2 A reservation system and desk area open to hotel guests, typical of a hotel shall be included in the lobby area of the Project. 4.4 ----------—---------------o more than 25 % of ovemi t accommodation units shall have full kitchens., Deleted: 4.4. — Formatted: Bullets and Numbering 4.5 Fractional share units may be sold to Owners for periods of time greater than 30- Deleted: Such kitchens shall be limited days but stays shall be limited to stays of no more than 60 consecutive days. to those units identified on the plans in Exhibit 'B" as "suites" and shall not be located in any unit received, from the 4.6 The Project shall comply with the Metropolitan Planning Organization's (MPO)t Hotel Density Reserve. countywide approach to the application of concurrence management for Formatted: Bullets and Numbering transportation facilities. Formatted: Indent: Left: 0 ", Hanging: 0.5" SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4606G. 2." 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for. Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 . This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. a� ER dJry � MJ LLL • 6.1 Obligations of the Developer • 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" and approved by the Community Development Board ( "CDB ") as case number 2008-____, including any conditions, Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB, shall require an amendment to, this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall have obtained building permits and ommenced bnstruction on the development within four (4) years from the effective date_ f_this Agreement ( "Commencement Date"). Nothing herein_sh_all re_strict_Developer from seeking an extension of this Agreement, and the Commencement Date, pursuant to the Code. 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C ", that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D "; provided however, that nothing shall preclude the Developer from selling the Fractional Share Units, or from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City ,, Deleted:. Comment: Define as vertical commencement? _ Comment: City wants this changed to reflect Code language for one plus one :extension witli good cause Z W rat LU 22 ®." 9M � � LIJ of its election in writing she City sh_all_execu_te_and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Alternatively, as of the date of expiration, termination or revocation any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return of Units to Reserve Pool. In the event this Agreement is terminated pursuant to Section 10 of this Agreement or if -any units granted to Developer from the Hotel Density Reserve not constructed in conjunction with the Project approved by FLD 2008- shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on this Project, pursuant toj3each by Design . Deleted: and, alternatively, as of the date of expiration, termination or revocation any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, Deleted: A Deleted: Code 6.1.6 Transient Use. Occupancy in the bQtel units is limited to _a term_ of less_ Deleted: overnight accommodation than one month or 30 consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than 30 days_ Owners of such units may occupy units for no more than 60 Consecutive days _Su_ch Deleted: , provided every occupancy is occupancy restriction shall be reflected in a covenant and recorded in the Public Records limited to 30 of Pinellas County, Florida .I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: or one month Comment: Conflicts with sec. 4.5 — code does not restrict transient use to 30 6.2 Obligations of the City days; BBD limits resort units 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the re- designations referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed,tthe conclusion of such appeal_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 4 Deleted: at 6.2.3 Upon adoption of this Agreement, the Project shall receive 5,59 units from Deleted: T the Hotel Density Reserve as defined in Beach by Design. Deleted: 60 SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. With respect to transportation and other public infrastructure, and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. a... L'vi3.Y lift �^ LU / Q �� 'M (� CO 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right -of -way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy, SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until teMr _CiJO) years after the date_ of this_ , Deleted: wenty Agreement, the Property shall not be subject to down- zoning, unit density reduction, or Deleted:2 intensity reduction, unless the City has held a public hearing and determined: _ _ _ _ _ _ comment: Need to update consistent with Fla. Stat. sec. 63 h.. r; log a ED Q� Lf 11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11. 1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11. 1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13: Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Panorama on Clearwater Beach, LLC ATTN: Mr. Uday Lele 691 S. Gulfview Blvd. Clearwater, FL 33767 With Copy to: E.D. Armstrong III, Esq. Johnson Pope Bokor Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third 3rd day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. ASSIGNMENTS. 14.1 By the Developer. 7 r- _ LU ' a Uj .r � � of IM 2T' LLj LL- S_-w 0 0 14. 1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee "), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.2.1 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.3.1 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.4.1 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.5.1 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. 14.02 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non - Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such non- e� � 0 W 0 LU compliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and- should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, thb remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be 9 Cz ®� LL- 5 V Am received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law, This Agreement shall be governed by, and construed in accordance with the laws -of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City, the Developer, and the Association so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. WITNESSES: PANORAMA ON CLEARWATER BEACH, LLC, a Florida limited liability company Printed Name: Printed Name: Uday Lele, Managing Member CITY OF CLEARWATER, FLORIDA 0 Printed Name: William B. Home II, City Manager Printed Name: Attest: Cynthia E. Goudeau, City Clerk Countersigned: 10 A ED o 0� 0 06 Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall -Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this—day of 2009, by Uday Lele, as Managing Member of PANORAMA ON CLEARWATER BEACH, LLC, a Florida limited liability company, on behalf of the company. He is _ personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA.. COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is _ personally known to me or who _ produced as identification. #468360 v3 - AMBIANCE.draft development agreement Notary Public Print Name: 11 ® Cn = 1r W- QD 0 !.0 ALI EXHIBIT A Legal Description of Project Site Lots 5, 6, 7, 8, 13 and 14, Block 7, REVISED MAP OF CLEARWATER BEACH, according to the plat thereof as recorded in Plat Book 11, Page 5 of the Public Records of Pinellas County, Florida. Parcel Numbers: 05/29/15/16362/007 /0050 05/29/15/16362/007 /0060 05/29/15/16362/007 /0070 05/29/15/16362/007 /0071 05/29/15/16362/007/0080 05/29/15/16362/007/0081. 05/29/15/16362/00710140 05/29/15/16362/007/0130 12 ® It C" C5 CD G 0 UJ 3i 0 ° r.I � ACS qU- LLI EXHIBIT B Site Plan 13 I-- Is A- LU C1.4 �� cio cr. L� EXHIBIT C COVENANT REGARDING HURRICANE EVACUATION and DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ( "Declaration ") is made as of the day of , 2009, by PANORAMA CLEARWATER BEACH, LLC„ a Florida limited liability company ( "Developer "). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ( "Real Property"). The City of Clearwater, Florida (the "City "), has amended it ,�s L _prehensive Plan tc Deleted:' designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation ") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid -size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane .force winds. The City has granted, by City Council Resolution , passed and approved on Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: ta- ttz aka qqq Itz pAc . Iry {��+M 0 • 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 A minimum of fifty-nine 9 hotel units which is the , number of hotel units allocated to DEVELOPER, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. No hotel unit shall be used as a primary or permanent residence. Deleted: sixty Deleted: 60 2.1.2 All other units shall be licensed as a public lodging establishment, a portion of which may be classified as a fractional share unit with occupancy limited to stays of one month or thirty (30A consecutive dates, w_hic_he_ver is less. comment Conflicts with DVA- No unit shall be used as a primary or permanent residence. need's 60 aayg foT timeshare 2.1.3 As used herein, the .terms "transient occupancy," "public lodging establishment," "hotel," "time share," and "operator" shall have the meaning given to such terms in. Chapter 509, Part I, Florida Statutes (2004). 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ii c cue Lin 0 m L 0 0 ensure that the guests, visitors and - employees will be evacuated in advance of the issuance of a forecast of probable landfall. Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ( "Project ") and Developer's commencement of construction of the Project, as evidenced by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. [SIGNATURES PAGES TO FOLLOW] G IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this ___, day of 2009. WITNESSES: PANORAMA ON CLEARWATER BEACH,LLC Printed Name: Printed Name: Printed Name: Printed Name: Uday Lele, Managing Member CITY OF CLEARWATER, FLORIDA By: William B. Home I1, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall -Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of 2009, by UDAY LELE, who is _ personally known to me or who produced as identification. Notary Public ' Print Name: iv ® C" C= ' C) O ze 0 LsJ LL • STATE OF FLORIDA COUNTY OF PINELLAS 0 The foregoing instrument was acknowledged before me this _day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is _ personally known to me or who _ produced as identification. Notary Public Print Name: v �-- ® 0 V L1� =0 0� �`� • EXHIBIT D COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: E.D. Armstrong III., Esquire Johnson, Pope, Bokor, Ruppel &. Burns, LLP 911 Chestnut Street Clearwater, Florida 33756 COVENANT OF UNIFIED USE • THIS COVENANT OF UNIFIED USE (the "Agreement ") is executed this _day of , 2009 by PANORAMA CLEARWATER BEACH, LLC, a Florida limited liability company ( "Developer "). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and . WHEREAS, Developer and the City of Clearwater, Florida (the "City ") are parties to that certain Development Agreement dated , 2009 (the "Development Agreement "), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project "); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel and fractional share /interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right. in and to the Real Property or any portion or portions thereof to unrelated i 4 ups r-.I 0 LU ILA - third - parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units to be constructed as a part of the Project (the "Fractional Ownership ") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a single unified project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all Fractional Share Units may be operated by a different,,, single management firm/operator. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this day of 12009. WITNESSES: Printed Name: Printed Name: Printed Name: Printed Name: Panorama on Clearwater Beach, LLC Uday Lele, Managing Member CITY OF CLEARWATER, FLORIDA By: William B. Home II, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall -Sides Assistant City Attorney 11 zz 0 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this—day of , 2009, by UDAY LELE, who is _ personally known to me or who produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is personally known to me or who _ produced as identification. Notary Public Print Name: LU yam, O Uj C LL SCHEDULE A Lots 5, 6, 7, 8, 13 and 14, Block 7, REVISED MAP OF CLEARWATER BEACH, according to the plat thereof as recorded in Plat Book 11, Page 5 of the Public Records of Pinellas County, Florida. Parcel Numbers: 05/29/15/16362/007/0050 05/29/15/16362/007/0060 05/29/15/16362/007/0070 05/29/15/16362/007/0071 05/29/15/16362/007/0080 05/29/15/16362/007/0081 05/29/15/16362/007/0140 05/29/15/16362/007/0130 40 cz >. la �e LU iv 09 ca �P Property Appraiser General Information 0 I,nterac,t ve_Nlap of this Bac.k_to..Query ,p ce..l Results _qL Page 1 of 3 New Tax _C ol_lector Home Question C omment a_hout this Seaic... Page. pale 05- 29 -15- 16362- 007 -0050 Portab-J__l.ty Data Current as of November 21, 2009 print Radius Search Calculator [6:08 pm Monday November 23] Ownership/Mailing Ownership/Mailing Address Site Address PANORAMA ON CLEARWATER BEACH LLC No site address found 483 MANDALAY AVE STE 209 1_ust /Market_ CLEARWATER FL 33767 -2035 County Prop_e_rty._Use_ 0000 (Vacant Residential - lot & acreage less than 5 acres) Living Units: [click here to hide] Legal Description CLEARWATER BEACH REV BLK 7, N 63.5FT OF LOT 5 2009. Exemptions Homestead: No Save - Our -Homes Cap Percentage: 0.00% Non - Homestead 10% Cap: Yes Government: No Institutional: No . Agricultural: $0 Historic: $0 2009 Parcel Information Original Trim Notice Most Recent Conveyance ISales Com arison Census Tract Evacuation Zone jPlat Book/Pa e 13994/1448 $476 250 121030260022 A 11 011 /005 2009 Value Information Year Save... -Our.- Just/Market Assessed_ Value/ Corz.n..ty School, Mun;icipal. Homes Cap Value SOITC, Ap Taxable Value Taxable Value Taxahl.e Value 2009 No $310,356 $310,356 $310,356 $310,356 $310,356 here http: / /www.pcpao.org /general.php ?pn = 152905163620070050 &sn= 0 &idTool= true &aerFl... 11/23/2009 [click here to hide] Value History Year . Save-Our- 1_ust /Market_ Assessed Value/ County School Mun_icioal. Homes Cap Value SOH Cap Taxable Value Taxable Value Taxable Value 2009 No $310,356 $310,356 $310,356 $310,356 $310,356 2008 No $376,200 $376,200 $376,200 $376,200 $376,200 2007 No $472,300 $472,300 $472,300 N/A $472,300 2006 No $750,000 $750,000 $750,000 N/A $750,000 2005 No $750,000 $750,000 $750,000 N/A $750,000 2004 No $700,000 $700,000 $700,000 N/A $700,000 2003 No $465,000 $465,000 $465,000 N/A $465,000 2002 No $260,000 $260,000 $260,000 N/A $260,000 2001 No $196,800 $196,800 $196,800 N/A $196,800 2000 No $181,600 $181,600 $181,600 N/A N/A 1999 No $165,500 $165,500 $165,500 N/A N/A 1998 No $163,200 $163,200 $163,200 N/A N/A 1997 No $163,200 $163,200 $163,200 N/A N/A http: / /www.pcpao.org /general.php ?pn = 152905163620070050 &sn= 0 &idTool= true &aerFl... 11/23/2009 Property Appraiser General Information 1996 No $153,000 • Page 2 of 3 $153,000 $153,000 N/A N/A 2009 Tax Information I Ranked Sales See all ti ansa loons dick I erc :;r 20 4 'Fax Ill Tax District: C_W Sale Date Book/Page Price Q /L_1 V/I ,B. 10 Dec 13994/ A significant change in taxable value may occur 2004 1448 $1,400,000 U I when sold due to changes in the market or the 05 Mar 13415 / removal of exemptions. Click here for more $1,050,000 U I information. 2004 2092 10 Oct 2002 12273/ ® 000 $530, Q I • 2235 1971 03680/ $8,000 U 0687 Land Information Seawall: No Frontage: None View: Water , Land Use Land Size Unit Value Units Method. Vacant (00) 5004 115.00 3175.0000 SF [click here to-hide] Extra Features Description Value/Unit Units -Total NewValue Depreciated Value Year No Extra Features on Record [click hereto hide] Permit Data Permit information is received from the County and Cities. This data may be incomplete and may exclude permits that do not result iri field reviews (for example for water heater replacement permits). Any questions regarding permits should be directed to the permitting office in which the structure is located. Permit Number IF Description Issue Date Estimated Value' 200512112 DEMOLITION 21 Feb 2006 $8,500 200510421 IF PARTIAL DEMO 11 21 Nov 2005 s0 �auiu� erials: 2009 Color Transparency: 0.5 feet): 1.92 , P you do not see map, the SVG viewer has not been installed. Click here for information and installation_ low to copy and paste a static map using Internet Explorer: Right -click on the map; Select "Copy SVG'; Open a Word c 1pecial" from Edit menu on toolbar; Select Bitmap, then OK low to copy and paste a static map using Mozilla Firefox: Right -click on the map; Select "This Frame "; Select "Open Fra rom the new window. http: / /www.pcpao.org /general.php ?pn = 152905163620070050 &sn= 0 &idTool= true &aerFl... 11/23/2009 Welcome to VDB on the Web r t� 'e 0 Page 1 of 1 1.0 r'" -_ Theme Description This is the default set. It has no data layers, just linework. All of the map layers are black. http: / /vdb.pcpao.org /vdb.php 11/23/2009 o- R � 4 1.0 r'" -_ Theme Description This is the default set. It has no data layers, just linework. All of the map layers are black. http: / /vdb.pcpao.org /vdb.php 11/23/2009 Property Appraiser General Information Page 1 of 3 �+ 14; is Interactive Mar) of this. Back to_Query New Tax..0 ollec__tol- bole Question C.olnment about this parcel Results. Sear..c_...h. Page page. 05- 29 -15- 16362- 007 -0060 Portability Data Current as of November 21, 2009 Print Radius Search Calculator [6:09 pm Monday November 23] - -- - - -- - - - - -- Ownership/Mailing Ownership/Mailing Address Site Address PANORAMA ON CLEARWATER BEACH LLC No site address found 483 MANDALAY AVE STE 209 Just /Market CLEARWATER FL 33767 -2035 County Property Use; 0000 (Vacant Residential - lot & acreage less than 5 acres) Living Units: [click here to hide] Legal Description ,, CLEARWATER BEACH REV BLK 7, LOT 6 2009 Exem -tions Homestead: No Save - Our -Homes Cap Percentage: 0.00% Non - Homestead. 10% Cap: Yes Government: No Institutional: No Agricultural: $0 Historic: $0 2009 Parcel Information O_r iginal_Trim 1111.11 Notice 1111 Most Recent Conveyance I Sales Camp arison act1jEvacuatiowZonejjPlat Book/Page 13994/1449 9 ��]E_ �$652 500 11121030260022 A 011 1005 2009 Value Information Save-Our- Assessed Value/ School. Municipal Year Homes Cap Value SOH; Cap Taxable Value Taxable Value Taxable Value 11 2009 No $425,212 $425,212 $425,212 $425;212 $425,212 here http: / /www.pcpao.org /general.php ?pn = 152905163620070060 &sn= 0 &idTool= true &aerFl... 11/23/2009 [click here to hide] Value History Year Save- Our- Just /Market Assessed Va1ue/ County School Mutl ctpal Homes Cao Value SOH Cats Taxable Value Taxable Value Taxable Value 2009 No $425,212 $425,212 $425,212 $425,212 $425,212 2008 No $515,500 $515,500 $515,500 $515,500 $515,500 2007 No $554,600 $554,600 $554,600 N/A $554,600 2006 No $531,100 $531,100 $531,100 N/A $531,100 2005 No $334,600 $334,600 $334,600 N/A $334,600 2004 No $255,100 $255,100 $255,100 N/A $255,100 2003 No $237,600 $237,600 $237,600 N/A $237,600 2002 No $178,600 $178,600 $178,600 N/A $178,600 2001 No $149,000 $149,000 $149,000 N/A $149,000 2000 No $149,700 $149,700 $149,700 N/A N/A 1999 No $130,500 $130,500 $130,500 N/A N/A 1998 No $126,800 $126,800 $126,800 N/A N/A 1997 No $96,900 $96,900 $96,900 N/A N/A http: / /www.pcpao.org /general.php ?pn = 152905163620070060 &sn= 0 &idTool= true &aerFl... 11/23/2009 Property Appraiser General Infonn ation Page 2 of 3 1' W 11 1996 No $95,500 $95,500 $95,500 N/A N/A II 2009 Tax Information Ranked Sales See all transactions Click_ Here for 2009_ .Tax Sale Date Book/Page Price Q/U. V/1 Bill Tax District: C W 10 Dec 2004 13994 / 1449 0 $700,000 U I A significant change in taxable value may occur 04 Apr 1997 09663 / 1360 U $172,000 Q I when sold due to changes in the market or the removal of exemptions. Click here for more information. Land Information Seawall: No Frontage: Gulf of Mexico View: Land Use Land Size Unit Value Units Method Vacant (00) 50x87 115.00 4350.0000 SF [click here to hide] Extra Features Description Value/Unit Units Total NewValue Depreciated Value Year No Extra Features on Record [click here to hide] Permit Data Permit information is received from the County and Cities. This data may, be incomplete and may exclude permits that do not result in field reviews for example for water heater replacement permits). Any questions regarding permits should be directed to the permitting office in which the structure is located. Permit Number Description Issue Date Estimated Value 200512115 DEMOLITION — IF 07 Feb 2006 j $2,100 200510418 PARTIAL DEMO 07 Nov 2005 IF $0 Radius feet 267 erials: 2009 Color Transparency: 0.5 If you do not see maps the SVG viewer has not been installed. Click here for information and .inst_a_Ilation. How to copy and paste a'static map using Internet Explorer: Right-click on the map;;Select "Copy SVG' ;,O.pen.a W.ord.c:... Special' from Edit menu on toolbar; Select Bitmap, then OK How to copy and paste a static map using Mozilla Firefox: Right -click on the map; Select "This Frame "; Select "Open Fra from the new window. http: / /www.pcpao.org /general.php ?pn = 152905163620070060 &sn= 0 &idTool= true &aerFl... 11/23/2009 Welcome to VDB on the Web C • Page 1 of 1 Photography: 2009 Color Transparency (0.0 - -- 1.0) - Theme Description This is the default set. It has no data layers, just linework. All of the map layers are black. http: / /vdb.pcpao.org/vdb.php 11/23/2009 Property Appraiser General Information Page 1 of 3 of 1 0 Iz�teracti. e Map 9. f this Back to....Query. parcel Results Ne«w. 11.x.. _Collector Hoine Search Page 05- 29 -15- 16362- 007 -0070 Questioq." CIO n7Txaent about this Portability. Data Curreiat as of November 21, 2009 Calculator [6:09 pm Monday November 23] Print Radius Scatc....h. Ownership/Mailing Ownership/Mailing Address=11 Site Address PANORAMA ON CLEARWATER BEACH LLC No site address found 483 MANDALAY AVE STE 209 lstl . ark et CLEARWATER FL 33767 -2035 Count Probe qty llse, 0000 (Vacant Residential - lot & acreage less than 5 acres) Living Units: [click here to hide] Legal Description CLEARWATER BEACH REV BLK 7, W 1/2 OF LOT 7 2.009 Exemptions. Homestead: No Save - Our -Homes Cap Percentage: 0.00% Non - Homestead 10% Cap: Yes Government: No Institutional: No Agricultural: $0 Historic: $0 2009 Parcel Information O-iginal_Trim Notice. Most Recent Conveyance I Sales Corn arison I Census Tract Evacuation Zone IPlat Book/Page 14080/1014 $326 250 121030260022 A IF 0111005 2009 Value Information Year Save-Our- Just Market Assessed Value% Cour ty School. Municipal Hoit.es C a:p. Valttc SON; Cap Taxable.....Vallte Taxable Va....luel Taxable Valu...c:. 2009 No $212,606 $212,606 $212,606 $212,606 $212,606 here http: / /www.pcpao.org /general.php ?pn = 152905163620070070 &sn= 0 &idTool= true &aerFI... 11/23/2009 [click here to hide] Value History Year SaY..- Qtr...- lstl . ark et Assessed Val,,ue/ Count School Municina...l.. Homes Can Value SOH Can Taxable Value 'Taxable Value 'Taxable Value 2009 No $212,606 $212,606 $212,606 $212,606 $212,606 2008 No $257,700 $257,700 $257,700 $257,700 $257,700 2007 No $277,300 $277,300 $277,300 N/A $277,300 2006 No $323,100 $323,100 $323,100 N/A $323,100 2005 No $191,500 $191,500 $191,500 N/A $191,500 2004 No $138,200 $138,200 $138,200 N/A $138,200 2003 No $129,400 $129,400 $129,400 N/A $129,400 2002 No $94,600 $94,600 $94,600 N/A $94,600 2001 No $82,100 $82,100 $82,100 N/A $82,100 2000 No $78,400 $78,400 $78,400 N/A N/A 1999 No $69,000 $69,000 $69,000 N/A N/A 1998 No $65,800 $65,800 $65,800 N/A N/A 1997 No $52,500 $52,500 $52,500 N/A N/A http: / /www.pcpao.org /general.php ?pn = 152905163620070070 &sn= 0 &idTool= true &aerFI... 11/23/2009 Property Appraiser General Information Page 2 of 3 111996 No $52,100 $52,100 $52,100 N/A N/A1 2009 Tax Information Ranked Sales See all transactions Click Here f'or 2O...t�.9 Tex. Tax District: CW Sale Date Book/Pa a Price g {2 /LT V/I ;Bill. 25 Jan 2005 14080/ $1,600,000 U I A significant change in taxable value may occur 1014 El when sold due to changes in the market or the 31 Dec 10365 / removal of exemptions. Click here for more $95,000 Q I information. 1998 0380 ® ' Land Information Seawall: No Frontage: Gulf of Mexico View: Land Use Land Size Unit Value Units Method Vacant (00) 25x87 115.00 2175.0000 SF [click here to hide] Extra Features Description Value/Unit Units Total NewValue Depreciated Value Year No Extra-Features on Record {click-here to hide] Permit Data Permit information is received from the County and Cities. This data may be incomplete and may exclude permits that do not•result infield reviews (for example for water heater replacement permits). Any questions regarding permits should be directed to the permitting office in which the structure is located. Permit Number `Descri tion Issue Date F Estimated Value - 200512117 DP- MOLITION j 07 Feb 2006 $0 200510417 JF777PARTIAL DEMO 1 07 Nov 2005 $0 =,• y, 200410619 ROOF 09 Nov 2004 $2,300 Radius 2009 Color erials: Transparency: 0.5 feet 267. ( ) If you do not see map, the SVG viewer has not been installed. Click here for information and installation. How to copy and paste a static map using Internet Explorer: Right -click on the map; Select "Copy SVG "; Open a Word c Special" from Edit menu on toolbar; Select Bitmap, then OK How to copy and paste a static map using Mozilla Firefox: Right -click on the map; Select "This Frame "; Select "Open Fra from the new window. http: / /www.pcpao.org /general.php ?pn = 152905163620070070 &sn= 0 &idTool= true &aerFl... 11/23/2009 Welcome to VDB on the Web A Page 1 of 1 r Aerial Photography: 12009 Color W Transparency (0.0- in r, 1.0 ) 1,-... Theme Description This is the default set. It has no data layers, just linework. All of the map layers are black. littp: / /vdb.pcpao.orgivdb.php 11/23/2009 Property Appraiser General Information 0 Interactive Nlap_of this Back to Query parcel Results Portabi..l.ity Calculator 0 Pagel of 3 New Tax Collector Home. Questi op/Co zn_rnent about tlh;is Seareb Page. page, 05- 29 -15- 16362- 007 -0071 Data Current as of November 21, 2009 [6:10 pm Monday November 2 3 ] Print Radius Search Ownership/Mailing Ownership/Mailing Address Site Address PANORAMA ON CLEARWATER A,ssesse::...d Value/ BEACH LLC Value SOH Cap No site address found 483 MANDALAY AVE STE 209 $212,606 CLEARWATER FL 33767 -2035 $257,700 Property_L Use 0000 (Vacant Residential - lot & acreage less than 5 acres) [click here to hide] Legal Description CLEARWATER BEACH REV BLK 7, E 1/2 OF LOT 7 Living Units: 2009 Exemptions. Homestead: No Save - Our -Homes Cap Percentage: 0.00% Non - Homestead 10% Cap: Yes Government: No Institutional: No Agricultural: $0 Historic: $0 2009 Parcel Information Original Trim Notice IIMost Recent Conveyance ISales Comparisonll Census Tract lEvacuation Zone IPlat Book/Page I 14080/1014 $326,250 121030260022 A 11 0111005 2009 Value Information Year Save-Our- Just /Market Assessed Value/ County School Mun _cip-al, Homes Cap Value SOH Cap Taxahlc Value Tal3hle Value Taxable Value 2009 No $212,606 $2129606 $212,606 $212,606 $212,606 here Year 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 Sa. e -Our- Hoines Cap No No No No No No No No No No No No No [click here to hide] Value History last /Mark_...et A,ssesse::...d Value/ Cott,n..,ty Value SOH Cap Taxable Value $212,606 $212,606 $212,606 $257,700 $257,700 $257,700 $277,300 $277,300 $277,300 $387,500 $387,500 $387,500 $190,700 $190,700 $190,700 $137,600 $137,600 $137,600 $129,700 $129,700 $129,700 $94,900 $94,900 $94,900 $83,600 $83,600 $83,600 $78,100 $78,100 $78,100 $68,500 $68,500 $68,500 $65,200 $65,200 $65,200 $51,900 $51,900 $51,900 School Taxable Value $212,606 $257,700 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Mu n ic ipal Taxable Value $212,606 $257,700 $277,300 $387,500 $190,700 $137,600 $129,700 $94,900 $83,600 N/A N/A N/A N/A http: / /www.pcpao.orglgeneral.php ?pn= 152905163620070071 &sn= 0 &idTool= true &aerFl... 11/23/2009 Property Appraiser General Information 11996 No $51,600 $51,600 u Page 2 of 3 $51,600 N/A N/A 2009 Tax Information Ranked Sales See a 11 transactions Click Here for 2009_Tax Tax District: CW Sale Date Book/Page Price Q/U Vli Bill, - 25 Jan 2005 14080 / 1014 ® $1,600,000 U I A significant change in taxable value may occur 1975 04313 / 0728 Wj $15,000 Q when sold due to changes in the market or the removal of exemptions. Click here for more information. Radius feet : 270 a enals: 12009 Color ►, Transparency: If you do not see map, the SVG viewer has not been installed. Click here for information and installation. How to copy and paste a static map using Internet Explorer: Right -click on the map; Select "Copy SVG "; Open a Word c Special" from Edit menu on toolbar; Select Bitmap, then OK How to copy and paste a static map using Mozilla Firefox: Right -click on the map; Select "This Frame "; Select "Open Fra from the new window. http: / /www.pcpao.org /general.php ?pn = 152905163620070071 &sn= 0 &idTool= true &aerFl... 11/23/2009 Land Information Seawall: No Frontage: Gulf of Mexico View: Land Use Land Size Unit Value Units Method Vacant (00) 25x87 115.00 2175.0000 SF [click here to hide] Extra Features Description Value/Unit Units Total NewValue Depreciated Value Year No Extra Features on Record [click here to hide] Permit Data nit information is received from the County and Cities. This data may be incomplete and may exclude permits that do -not- result in field ews (for example for water heater replacement permits). Any questions regarding permits should be directed to the permitting office in which the structure is located. Permit Number Description Issue Date Estimated Value 200512113 DEMOLITION 07 Feb 2006 $0 200510420 PARTIAL DEMO=j 07 Nov 2005 $0 200410620 ROOF IF 09 Nov 2004 $2,300 Radius feet : 270 a enals: 12009 Color ►, Transparency: If you do not see map, the SVG viewer has not been installed. Click here for information and installation. How to copy and paste a static map using Internet Explorer: Right -click on the map; Select "Copy SVG "; Open a Word c Special" from Edit menu on toolbar; Select Bitmap, then OK How to copy and paste a static map using Mozilla Firefox: Right -click on the map; Select "This Frame "; Select "Open Fra from the new window. http: / /www.pcpao.org /general.php ?pn = 152905163620070071 &sn= 0 &idTool= true &aerFl... 11/23/2009 Welcome to VDB on the Web r 0 Page 1 of 1 1.0 J...., Theme Description This is the default set. It has no data layers, just linework. All of the map layers are black. http: / /vdb.pepao.org /vdb.php 11/23/2009 Property Appraiser General Information Interactive Mar) of this Back_ to_Que:ry_ Par c.:e..l. Results. Page 1 of 2 New '.Fax Collector Horde Qjestion Comrnent.aboutthis Search Pale pa0.e 11 05-29-15-16362-007-0080 Portability_ Data Current as of November 21, 2009 Print :Radius Search. Calculator [6:10 pm Monday November 2 3 ] - ._.... Ownershi /Mailin Address Site Address PANORAMA ON CLEARWATER BEACH LLC Year Save -Our- No site address found 483 MANDALAY AVE STE 209 County CLEARWATER FL 33767 -2035 Mun,icypal, Pr_o�erty__Use , 0000 (Vacant Residential -lot &acreage less than 5 acres) Living Units: [click here to hide] Legal Description CLEARWATER BEACH REV BLK 7, LOT 8 LESS E 2517T. OF THE N 55FT ..2.009.... E:x...emPtion_s Homestead: No Save - Our -Homes Cap Percentage: 0.00% Non - Homestead 10% Cap: Yes Government: No Institutional: No Agricultural: $0 Historic; $0 2009 Parcel Information Original Trim Notice Most Recent Conveyance I Sales Coml Census Tract lEvacuatio n.Zone Plat Book/Page 14080/1014 $446,25501 121030260022 A. ; ;0.11 /005 2009 Value Information Year Save -Our- Just /Market Assessed Value/ County School Municipal, Homes Cap Value SOH Cap Taxable Value Taxable Value Taxable Val. re 2009 No $290,806 $290,806 $290,806 $290,806 $290,806 . here http: / /www.pcpao.org /general.php ?pn = 152905163620070080 &sn= 0 &idTool= true &aerFl... 11/23/2009 [click here to hide] Value History Year Save -Our- rust /Market Assessed Value/ County School Mun,icypal, Homes Can Value SOH Cau Taxable Value Taxable Value Taxable Value 2009 No $290,806 $290,806 $290,806 $290,806 $290,806 2008 No $352,500 $352,500 $352,500 $352,500 $352,500 2007 No $379,300 $379,300 $379,300 N/A $379,300 2006 No $375,600 $375,600 $375,600 N/A $375,600 2005 No $245,000 $245,000 $245,000 N/A $245,000 2004 No $156,000 $156,000 $156,000 N/A $156,000 2003 No $149,700 $149,700 $149,700 N/A $149,700 2002 No $116,800 $116,800 $116,800 N/A $116,800 2001 No $99,300 $99,300 $99,300 N/A $99,300 2000 No $99,400 $99,400 $99,400 N/A N/A 1999 No $84,600 $84,600 $84,600 N/A N/A 1998 No $79,800 $79,800 $79,800 N/A N/A 1997 No $66,700 $66,700 $66,700 N/A N/A http: / /www.pcpao.org /general.php ?pn = 152905163620070080 &sn= 0 &idTool= true &aerFl... 11/23/2009 Property Appraiser General Information � w 1996 No $58,300 0 Page 2 of 2 $58,300 $58,300 N/A N/A 2009 Tax Information Ranked Sales See all transactions Click Here for 2009 Tax Tax District: CW Sale Date Book/Page Price Q/U V/I Bill 25 Jan 2005 14080 / 1014 0 $1,600,000 U I A significant change in taxable value may occur 1978 04763 / 0297 WK $25,000 U when sold due to changes in the market or the removal of exemptions. Click here for more information... Land Information Seawall: No Frontage: Gulf of Mexico View: I..,and Use Land Size Unit Value Units Method Vacant (00) 0x0 115.00 2975.0000 SF [click here to hide] Extra Features Description Value/Unit Units Total NewValue Depreciated Value Year No Extra Features on Record [click here to hide] Permit Data Permit information is received from the County and Cities. This data maybe incomplete and may exclude permits that do not result infield reviews (for example for water heater replacement permits). Any questions regarding permits should be directed to the permitting office in which the structure is located. Permit Number JF Description Issue Date , Estiimated Value 200512118 IF7775EMOLITION • 07 Feb 2006 1 $0 200510422 JF PARTIAL DEMO 07 Nov 2005 , $0 r(Zlub t): 270 erials: 2009 Color Transparency: 0 Update ap If you do not see map, the SVG viewer has. not been installed. Click h_e_re for,,,i,nform_. atlon and installation, How to copy and paste a static map using Internet Explorer: Right -click on the map; -Select "Copy SVG "; Open a Word document; Select 'Paste Special" from Edit menu on toolbar; Select Bitmap, then OK How to copy and paste a static map using Mozilla Firefox: Right -click on the map; Select "This Frame "; Select "Open Frame in New Window "; Print from the new window. Interactive eMap-Of this Back to Ouev New Tax Collector Home Ouestiom'Comment about this a>i reel Results Search Page 1149_(. http: / /www.pcpao.org/general.php ?pn= 152905163620070080 &sn= 0 &idTool= true &aerFl... 11/23/2009 Welcome to VDB on the Web A a 0 1.0 L-1- Theme Description This is the default set. It has no data layers, just linework. All of the map la ers are black. Page 1 of 1 'l http: / /vdb.pepao.org /vdb.php 1 L'23/2009 Y ➢`a.f .. t° �. .... w.y�,r�L4.'^i $ �'9a "+hw Ww.x, � 5 o � a e 'l http: / /vdb.pepao.org /vdb.php 1 L'23/2009 Property Appraiser General Information I, rteractiv e_Map of this. Back to....Query_ Parcel. R.....esuIts. is Page 1 of 3 New Tax_Collector Home QuestionCo_mm_ent__a,bout this .11 Search Page pat e 05- 29 -15- 16362- 007 -0081 Portability Data Current as of November 21, 2009 Calculator [6:11 pm Monday November 23] Print _Rad?us_Scarch; Ownership/Mailing Address Site Address PANORAMA ON CLEARWATER 2009 Value Information Assessed_ Value/ County_ SOH_ Cap Taxable_Valltc $134,406 $134,406 here BEACH LLC No site address found 483 MANDALAY AVE STE 209 CLEARWATER FL 33767 -2035 _P_roperty..Use 0000 (Vacant Residential - lot & acreage less than 5 acres) [click here to hide] Legal Description CLEARWATER BEACH REV BLK 7, E 25FT OF N 55FT OF LOT 8 Living Units: .2 009 Fxempt.i_on...s. Homestead: No Save - Our -Homes Cap Percentage: 0.00% Non - Homestead, l0% Cap: Yes Government: No Institutional: No Agricultural: $0 Historic: $0 2009 Parcel Information Original Trim Notice Most Recent Conveyance ISales Comparison I Census Tract lEvacuation Zone Plat Book/Page 14080/1014 $206,25=0=1 121030260022 A 011 1005 Year 2009 Save -Our= Homcs Cap No J_ust/1Viarkct Value. $134,406 2009 Value Information Assessed_ Value/ County_ SOH_ Cap Taxable_Valltc $134,406 $134,406 here School Taxable Value $134,406 t Municp al - Trtxablc Valuc $134,406 [click here to hide] Value History Year Savc- _Our- Just /Market Assessed Value/ County School Mut?ictpal Homes Can Value SOH Cats Taxable Value Taxable Value Taxable Value 2009 No $134,406 $134,406 $134,406 $134,406 $134,406 2008 No $162,900 $162,900 $162,900 $162,900 $162,900 2007 No $175,300 $175,300 $175,300 N/A $175,300 2006 No $282,400 $282,400 $282,400 N/A $282,400 2005 No $133,100 $133,100 $133,100 N/A $133,100 2004 No $102,000 $102,000 $102,000 N/A $102,000 2003 No $94,300 $94,300 $94,300 N/A $94,300 2002 No $75,000 $75,000 $75,000 N/A $75,000 2001 No $63,300 $63,300 $63,300 N/A $63,300 2000 No $61,400 $61,400 $61,400 N/A N/A 1999 No $54,000 $54,000 $54,000 N/A N/A 1998 No $49,000 $49,000 $49,000 N/A N/A 1997 No $40,800 $40,800 $40,800 N/A N/A http: / /www.pcpao.org /general.php ?pn = 152905163620070081 &sn= 0 &idTool= true &aerFl... 11/23/2009 Property Appraiser General Information Page 2 of 3 L `� • 11 1996 No $36,000 $36,000 $36,000 N/A N/A II 2009 Tax Information Ranked Sales See all transactions Click Here for 2009 Tax Tax District: CW Sale Date Book/Page Price Q/U V/I 13111, _ .... 14080/ 2005104.16' A significant change in taxable value may occur 25 Tan 2005 10140 $1,600,000 U I when sold due to changes in the market or the 15 Mar 09279 / Radius removal of exemptions. Click here for more Transparency: 0.5 $66,900 Q I ' information. 1996 0721 If you do not see map, the SVG viewer has not been installed. Click here for information and installation. 1969 03093/ $11,000 U How to copy and paste a static map using Mozilla Firefox: Right -click on the map; Select "This Frame "; Select "Open Fra 0287 from the new window. Land Information Seawall: No Frontage: Gulf of Mexico View: Land Use Land Size Unit Value Units Method Vacant (00) 25x55 115.00 1375.0000 SF [click here to hide] Extra Features Description Value/Unit Units Total NewValue Depreciated Value Year No Extra Features on Record click here to hide Permit Data- Permit information is received from the County and Cities. This data may be incomplete and may exclude permits.that do not result,in field reviews (for example for water heater replacement permits). Any questions regarding permits should be directed.to the. permitting office in which the structure is located. http: / /www.pcpao.org /general.php ?pn = 152905163620070081 &sn= 0 &idTool= true &aerFl... 11/23/2009 Permit Number Descri tion Issue Date .Estimated Value 200512119 DEMOLITION 07 Feb 2006 $2,040 2005104.16' F PARTIAL DEMO 07 Nov 2005 $0 A 200410618 ROOF 09 Nov 2004 1 $2,300 Radius Aerials: 2009 Color Transparency: 0.5 (feet): 162 � � If you do not see map, the SVG viewer has not been installed. Click here for information and installation. How to copy and paste a static map using Internet Explorer: Right -click on the map; Select "Copy SVG "; Open a Word c Special" from Edit menu on toolbar; Select Bitmap, then OK How to copy and paste a static map using Mozilla Firefox: Right -click on the map; Select "This Frame "; Select "Open Fra from the new window. http: / /www.pcpao.org /general.php ?pn = 152905163620070081 &sn= 0 &idTool= true &aerFl... 11/23/2009 Welcome to VDB on the Web • Photography: 1,2009 Color Transparency (0.0 -�– 1.0 ) 1— Theme Description This is the default set. It has no data layers, just linework. All of the map layers are black. 0 Page 1 of 1 4 http: / /vdb.pcpao.org /vdb.php 11/23/2009 Property Appraiser General Information Page 1 of 4 r G � • Interact ti e Map...of this Sales Hack to....Query. New ] a x Collector Home Quest i.on/C_'omn�e�at.about this parc... Query Results. Seau•ch Pa.�e page 05- 29 -15- 16362- 007 -0130 Portavlity_ Data Current as of November 21, 2009 Imro pvement Vai_ue Calculator [6:07 pm Monday November 23] Pant Radi:us_Search - -.per F.S. 553.844 Ownership/Mailing Address Site Address SAMARKOS, EVANGELINE P REVOCABLE TRUST Year SAMARKOS, MICHAEL A Iust/Market HARKEY, VICTORIA 20 KENDALL ST CLEARWATER C/O SAMARKOS, EVANGELINE P 33767 THE Homes Cap 106 MIDWAY IS SOH Cap 11 CLEARWATER FL 33767 -2313 Taxable Value Property LJs.. e._.. 0820 (Duplex - Triplex - Fourplex) Living Units: 2 [click here to hide] Legal Description CLEARWATER BEACH REV BLK 7, LOT 13 2009.._ Exemptions Homestead: No Save - Our -Homes Cap Percentage: 0.00% Non - Homestead- 10 %_ Cap: Yes Government: No Institutional: No Agricultural: $0 Historic: �$0 . 2009 Parcel Information Original Trim Notice Most Recent Conve ance Sales Com arison lCensus T.uq tIlEvacuati7oW7 Zone P1af .Book/Pa e 15024/1778 $365,800 Sales_.Qtier _ 121030260022 A 011 /005 2009 Value Information Save-Our- Just /Market Assessed_ Value,/ County School Muti_cipal Year Homes Cap Value. SOH .Cap, Taxable Value Taxable, Value Taxable Value 2009 No $314,022 $314,022 $314,022 $314,022 $314,022 here http : / /www.pcpao.org /general.php ?strap = 152905163620070130 11/23/2009 [click here to hide] Value History Year Save - Our -. Iust/Market A_ sscssed Value/ County School Mutlicipal Homes Cap Value; SOH Cap 11 TaXal�lc_Value Taxable Value Taxable Value 2009 No $314,022 $314,022 $314,022 $314,022 $314,022 2008 No $410,200 $410,200 $410,200 $410,200 $410,200 2007 No $455,100 $455,100 $455,100 N/A $455,100 2006 No $458,000 $458,000 $458,000 N/A $458,000 2005 No $320,700 $320,700 $320,700 N/A $3207700 2004 No $243,400 $243,400 $243,400 N/A $243,400 2003 No $227,500 $227,500 $227,500 N/A $227,500 2002 No $165,700 $165,700 $165,700 N/A $165,700 2001 No $145,100 $145,100 $145,100 N/A $145,100 http : / /www.pcpao.org /general.php ?strap = 152905163620070130 11/23/2009 Property Appraiser General Information • 0 Page 2 of 4 2000 No $151,100 $151,100 $151,100 N/A N/A 1999 No $129,400 $129,400 $129,400 N/A N/A 1998 No $108,800 $108,800 $108,800 N/A N/A 1997 No $82,300 $82,300 $82,300 N/A N/A 1996 No $83,300 $83,300 $83,300 N/A N/A 2009 Tax Information Ranked Sales See all transactions Click Ilcrc for 2009 Tax Tax District: CW Sale Date Book/Page Price Q/U V/1 Bill No recent sales on record A significant change in taxable value may occur when sold due to changes in the market or the removal of exemptions. .C_I. c.k.......here fo.r_.more information. Seawall: No Land Use Multi -Faro <10 Units (08) Land Information Frontage: None Land Size 50x87 View: Unit Value Units Method 75.00 4350:0000 ;SF .[click here to hide] Building 1 Structural Elements Back ,to L'op Site Address: 20 KENDALL ST CLEARWATER 33767 Quality: Average Fouridaton: Piers Floor System: Wood Exterior Wall. Frame t� BF Siding _. Roof Frame: Gable /Hip Roof Cover: Composition Shingle Stories: 1 Living units: 2 Floor Finish: Carpet/ Vinyl/Asphalt Interior Finish: Drywall/Plaster Fixtures: 6 Year Built: 1925 Effective Age: 31 Heating: Central Duct Cooling: Cooling (Central) Functional Depreciation: 0% Lr Building 1 Sub Area Information http : / /www.pcpao.org /gencral.php ?strap= 152905163620070130 11/23/2009 Property Appraiser General Information Description Bast; Base Semi - finished Li_vin.g_Area Ft2 1,473 341 Total Living SF: 1,814 Gross Area Ft2 1,473 341 Total Gross SF: 1,814 Page 3 of 4 Faeto>r' Effective Ft2 1.00 1,473 0.80 273 Total Effective SF: 1,746 [click here to hide] Extra Features Description Value/Unit Units Total NewValue Depreciated Value Year No Extra Features on Record aclius erials: 2009 Color Transparency: ' � (feet): 261 � 0.5 If you do not see map, the SVG viewer has not been installed. Click here for information. and Installation.,. How to copy and paste a static map using Internet Explorer: Right -click on the map; Select "Copy SVG "; Open.a Word c Special" from Edit menu on toolbar; Select Bitmap, then OK How to copy and paste a static map using Mozilla Firefox: Right -click on the map; Select, "This, Frame "; $elect "Open Fra from the new window. Click here for _I. itteracti ve_ Mail http : / /www.pcpao.org /general.php ?strap = 152905163620070130 11/23/2009 [click here to hide] Permit Data Permit information is received from the.County and Cities. This data may be incomplete and may exclude permits that do not result in field reviews (for example for water heater replacement permits). Any questions regarding permits should be directed to the permitting office in which the structure is located. Permit Number Description Issue Date Estimated Value 200712115 RESIDENTIAL.nADD 29 Jan 2008 -$27,036 200710147 ROOF 26 Nov 2007 $6,970 200710078 IF777777§PECIAL USE 11 26 Nov RQ071 $2,100 200709613 IF SHUTTERS 11 17 Oct 2007 ` ` 11 $5.530 aclius erials: 2009 Color Transparency: ' � (feet): 261 � 0.5 If you do not see map, the SVG viewer has not been installed. Click here for information. and Installation.,. How to copy and paste a static map using Internet Explorer: Right -click on the map; Select "Copy SVG "; Open.a Word c Special" from Edit menu on toolbar; Select Bitmap, then OK How to copy and paste a static map using Mozilla Firefox: Right -click on the map; Select, "This, Frame "; $elect "Open Fra from the new window. Click here for _I. itteracti ve_ Mail http : / /www.pcpao.org /general.php ?strap = 152905163620070130 11/23/2009 Welcome to VDB on the Web 0 0 Page 1 of 1 Aerial Photography: ?009 Color Transparency (0.0- n 1.0 Theme Description This is the default set. It has no data layers, just linework. All of the map layers are black. h- Aerial Photography: ?009 Color Transparency (0.0- n 1.0 Theme Description This is the default set. It has no data layers, just linework. All of the map layers are black. http: / /vdb.pepao.org /vdb.php 11/23/2009 $ b"Mu http: / /vdb.pepao.org /vdb.php 11/23/2009 Property Appraiser General Information Interactive Map of this Back to ....Query_ }parcel Results Page 1 of 3 New Tax Collector Ho_.xne Question Comment about this Search Page. page 05- 29 -15- 16362- 007 -0140 Portability Data Current as of November 21, 2009 print Radius Search Calculator [6:08 pm Monday November 23] .. __ ......... .......... Ownership/Mailing Ownership/Mailing Address Site Address PANORAMA ON CLEARWATER BEACH LLC Year 483 MANDALAY AVE STE 209 No site address found CLEARWATER FL 33767 -2035 County Property Use_ 0000 (Vacant Residential - lot & acreage less than 5 acres) [click here to hide] Legal Description CLEARWATER BEACH REV BLK 7, LOT 14 & S 23.5FT OF LOT 5 wx.z Living Units: 2009 Exemptions Homestead: No Save - Our -Homes Cap Percentage: 0.00% Non - Homestead 10% Cap: Yes Government: No Institutional: No Agricultural: $0 Historic: $0 2009 Parcel Information Original Trim Notice Most Recent Conveyance Sales Com arison 11 Census Tract Evacuation Zone Plat gook/Pa .. e 13994/1450 $836,250 1112103 0260022 A 01.1/005 2009 Value Information Year Save -Our -, just/.Market .Assessed Value/ County_ School Municipal. Homes Cap Value SOH Cap Taxable. Value Taxable V "a_lue Taxable,,, Value 2009 No $544,956 $544,956 $544,956 $544,956 $544,956 here http: / /www.pcpao.org/general.php ?pn= 152905163620070140 &sn= 0 &idTool= true &aerFl... 11/23/2009 [click here to hide] Value History Year Save-Our- lust!Market Assessed Value/ County School. Munictpal Homes Cao Value SOH Cat) Taxable Value Taxable Value Taxable Value 2009 No $544,956 $544,956 $544,956 $544,956 $544,956 2008 No $660,600 $660,600 $660,600 $660,600 $660,600 2007 No $829,300 $829,300 $829,300 N/A $829,300 2006 No $829,300 $829,300 $829,300 N/A $829,300 2005 No $663,400 $663,400 $663,400 N/A $663,400 2004 No $521,300 $521,300 $521,300 N/A $521,300 2003 No $466,200 $466,200 $466,200 N/A $466,200 2002 No $435,000 $435,000 $435,000 N/A $435,000 2001 No $378,700 $378,700 $378,700 N/A $378,700 2000 No $330,500 $330,500 $330,500 N/A N/A 1999 No $300,000 $300,000 $300,000 N/A N/A 1998 No $255,000 $255,000 $255,000 N/A N/A 1997 No $255,000 $255,000 $255,000 N/A N/A http: / /www.pcpao.org/general.php ?pn= 152905163620070140 &sn= 0 &idTool= true &aerFl... 11/23/2009 Property Appraiser General Information 1996 No $255,000 $255,000 2009 Tax Information Click Here for - 2009Tax. Tax District: CW Bill A significant change in taxable value may occur when sold due to changes in the market or the removal of exemptions. Click here for more information. • Page 2 of 3 $255,000 N/A N/A Ranked Sales See all transactions Sale Date Book/Page Price Q/U V /I- 10 Dec 13994/ $2,145,000 U I 2004 1450 1969 03199/ $55,000 U 0210 Land Information Seawall: No Frontage: None View: Land Use Land Size Unit Value Units Method Vacant (00) 50x111 115.00 5575.0000 SF [click here to hide] Extra Features Description Value/Unit Units Total NewValue Depreciated Value Year No Extra Features on Record [click here to hide] Permit Data Permit information is received from the County and Cities. This data may be incomplete and may exclude permits that do not result in field reviews (for example for.water heater replacement permits). Any questions regarding permits should be directed to the.permitting office in which the structure is located. Permit Number Descri tion Issue Date Estimated: Value. 1 200512110 DEMOLITION 21 Feb 2006 $12,495 200510419 IF PARTIAL DEMO IF 21 Nov 2005 ? $0 98020494 SHED 30 Mar 1998 2,10 - $0 Radius �---- s: Trans 0:0:5 (feet): 336. Aerials: Color Transparency-: p Y�i_� If you do not see map, the SVG viewer has not been iristalled.'Click here for information and installation: How to copy and paste a static map using Internet Explorer: Right -click on the map; Select "Copy SVG "; Open a Word c Special" from Edit menu on toolbar; Select Bitmap, then OK How to copy and paste a static map using Mozilla Firefox: Right -click on the map; Select "This Frame "; Select "Open Fra from the new window. http: / /www.pcpao.org/general.php ?pn= 152905163620070140 &sn= 0 &idTool= true &aerFl... 11/23/2009 Welcome to VDB on the Web • Page 1 of 1 Aerial Photography: 12009 Color Transparency (0.0- — 1.0 Theme Description This is the default set. It has no data layers, just linework. All of the map layers are black. http: / /vdb.pepao.org /vdb.php 11/23/2009 a r k R €' http: / /vdb.pepao.org /vdb.php 11/23/2009 • i DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ( "AGREEMENT ") is dated 2009, and entered into between PANORAMA ON CLEARWATER BEACH, LLC, a Florida limited liability company ( "Developer "), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ( "City "). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ( "Act "), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City. WHEREAS, under Section 163.3223 of the Act, the City has adopted. Section 4 -606 of the City of Clearwater Community Development Code ( "Code "), establishing procedures and requirements to consider and enter into development agreements. WHEREAS, Beach by Design as amended by the City of Clearwater Ordinance No. 7925 -08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, fa.inily resort community by further providing for a reserve of additional hotel units ( "Hotel Density Reserve ") to be made available for such mid -sized hotel projects; WHEREAS, the Developer controls approximately 0.60 acres of real property ( "Property ") in the corporate limits of the City, more particularly described on Exhibit A attached hereto and incorporated herein. WHEREAS, the Developer desires to develop the Property by replacing historic hotel units and other uses in order to add 88 overnight accommodation units, minimal banqueth-neeting space for guest use, lounge /bar, new lobby and a parking garage with ninety -four (94) parking spaces, generally conforming to the architectural elevation . dimensions shown in composite Exhibit B. WHEREAS, upon completion the plarvied hotel will contain eighty - eight (88) units, which includes fifty -eight (58) units from the available Hotel Density Reserve; WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; ORIGINAL RECEIVED ....:.. ..... - PLANNING DEPARTMENT CITY OF CLEARWATER WIIEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, the City has conducted public hearings as required by § 4 -206 and 4 -606 of the Community Development Code; WHEREAS, at a. duly called and advertised public meeting on , 2009, the City Council. approved this Agreement and authorized and directed its execution by the appropriate officials of the City; WHEREAS, the Community Development Board approved the design and site plan as FLD2008 -12034 on , 2009 conditioned upon the approval and execution of this Agreement; WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon. the premises, the mutual covenants contained herein, and other good and valuable consideration., the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. I SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ( "Property "). 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 2 0 0 3.2. The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. Such contract is evidenced by the affidavit attached. as Exhibit C and contingent upon the passage of this Agreement. 3.3 The Property is generally located at 20 Kendall Street and adjacent parcels as more further described in Exhibit A. SECTION 4. Scope of Project 4.1 The Project shall consist of no more than 88 overnight accommodation units. Such units may be traditional hotel rooms or fractional ownership units, as defined by the Cormnuni.ty Development Code. 4.2 The Project shall include 94 parking spaces, as shown on the plans in Exhibit B and approved pursuant to FLD 2008 - 12034. 4.3 The design of the Project, as represented in Exhibit B, shall include, pursuant to Beach by Design: 4.3.1 Access to units shall be provided through a lobby and internal corridors. 4.3.2 A reservation system and desk area. open to hotel guests, typical of a hotel shall be .included in the lobby area of the Project. 4.4 No more than 25 % of overnight accommodation units shall have full kitchens. 4.5 Fractional share units may be sold to Owners for periods of time greater than 30 days but stays shall be limited to stays of no more than 60 consecutive days. 4.6 The Project shall. comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of concunency management for transportation facilities. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until. this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4 -606G. 2. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall. pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded.. . 3 5.3 This Agreement shall continue n effect until terminated, as defined beef 1, but for a period not to exceed ten (] 0) ),cars. SEC'T'ION 6. Obligations under this Agreement. 6.1 Obligations of the Developer 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assIgns. 6:1.2 At the time of development of the Property, the Developer will submit such applications and. documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" and approved by the Community Development Board ( "CDB ") as case number FLD200812034, including any conditions.. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Plamling Director as a minor. modification, pursuant to the Code. Any modifications determined. by the Planning Director as either inconsistent with the approved Site Plan. or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2' The Developer shall obtain building permits and shall thereafter timely obtain required certificates of occupancy in accordance with Code Section 4 -407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation work, i« accordance with applicable provisions of the Code and of the Florida Building Code. The date on which vertical construction commences shall hereinafter be referred to as the "Commencement Date." Nothing herein shall restrict Developer from. seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation /closure covenant, substantially in the form of Exhibit D, that the accommodation use will. close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 0 0 0 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified. use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit E; provided however, that nothing shall preclude the Developer from selling the Fractional Share Units, or from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from IIotel Density Reserve; Return of Units to Reserve Pool; Covenant Regarding Use of Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional fifty-eight (58) hotel units to the Project site in accordance with applicable law. In the event this Agreement is terminated pursuant to Section 10 of this Agreement or if any units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD 2008 -12034 and in accordance with Paragraph 6.1.3.2, or if any units of the Project fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of Clearwater Ordinance No. 7925 -08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. Prior to the issuance of the certificate of occupancy for the Project, the Developer hereby agrees to execute and record. a Covenant in the Public. Records of Pinellas County, Florida restricting the Hotel Density Reserve Units to the use approved by FL D2008- 012034 and by this Agreement; to the extent permitted by Chapter 712, Florida Statutes (2008). 6.1.6 Transient Use. Occupancy in the hotel units is limited to a term of less than one month or 30 consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fia.ctiona.l share unit from owning a period of time greater than 30 days. Owners of such units may occupy units for no more than 60 consecutive days. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the re- designations referenced in Section 6.2.1 is subject to: 5 0 0 6.2.2.1. The provisions of Chapters 1.63 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive 58 units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval, unless otherwise provided by law. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable comlection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and. associated utility licenses, access, and right -of -way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and I 8.4 Certificate(s) of occupancy, SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms of this Agreement, is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and. issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1. Except in the case of termination, until ten (10) years after the date of this Agreement, the Property shall not be subject to down- zoning, unit density reduction; or intensity reduction, unless the City has held a public hearing and determined: 11. L I That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 Tl-.iis Agreement is based on substantially inaccurate information provided by the Developer; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. ' Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such. as Federal Express, or by certified snail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Panorama on Clearwater Beach, LLC ATTN: Mr. Uday Lele 691 S. Gulfview Blvd. Clearwater, FL 33767 7 With Copy to: E. D. Armstrong III, Esq. Jolunson Pope Bokor Ruppel. & Burns, LLP 911. Chestnut Street Clearwater, FL 33756 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight cou ier service for next day delivery, or on the third 3rd day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. ASSIGNMENTS. 14.1 ' By the Developer. 14. 1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee "), to the extent of the sale, conveyance, assigmnent or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such. part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation., limited partnership, limited liability cornpany, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assigmnent or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided., however, that notice of such assigmnnent shall be given by the Developer to the City not less than thirty (30) days prior to such assigmnent being effective and the assignee shall be bound by the terms of I this Agreement to tl.�e same extent as would the Developer in the absence of such assignment. 1.4.1.4 No assignee, purchaser, sublessee or acquirer of all. or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, Heirs, successors and assigns, except as may otherwise be specifically. provided herein. SECTION 15. Minor Non - Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in. the event such non- compliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between. the parties hereto pertaining to fl. -le subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the 0 scope or intent and. should not be used in the interpretation of any section, subsection or provision of-this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should. be given its plain and ordinary meaning and should riot be strictly construed. against any party hereto based upon draftsmanship. If any term, or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would redder it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated., such party shall have the right to terminate this Agreement upon fifteen.(15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. GoverninIZ Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard. to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. e 10 IN WITNESS WHEREOF, the parties have liereto executed this Agreement the date and year first above written. WITNESSES: PANORAMA ON CLEARWATER BEACH, L L C, a Florida limited liability company Bv: Printed Name: Printed Name: Printed Name: Printed Name: STATE OF FLORIDA COUNTY OF PINELLAS Uday Lele, Managing Member CITY OF CLEARWATER, FLORIDA By: William B. home II, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall - Sides Assistant City Attorney The foregoing instrument was acknowledged before me thisday of , 2009, by Uday Lele, as Managing Member of PANORAMA ON CLEARWATER BEACH, LLC, a Florida limited liability company, on. behalf of the company. He is personally known to me or has produced as identification. Notary Public Print Name: 11 0 0 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was aclalowledged before me this _day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is personally lcuown to me or who produced as identification. Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Notary.Public Print Name: Legal. Description Site Plan Affidavit of Owner re Contract Covenant regarding IIurricane Operation Covenant of Unified Use #468360 v7 - AMBIANCE.draft development agreement 12 Evacuation and Development, Use and 0 0 EXHIBIT A Legal Description of Project Site Lots 5, 6, 7, 8, 13 and 14, Block 7, REVISED MAP OF CLEARWATER BEACH, according to the plat thereof as recorded in Plat Book 11, Page 5 of the Public Records of Pinellas County, Florida, Parcel Numbers: 05/29/15/16362/007 /0050 05/29/15/16362/007 /0060 05/29/15/16362/007 /0070 05/29/15/16362/007 /0071 05/29/15/16362/007 /0080 05/29/15/16362/007 /0081 05129/15/16362/007 /0140 05/29/15/16362/007 /0130 0 EXHIBIT B Site Plan • M, EXHIBIT C Affidavit of Owner re Contract EXHIBIT IT D • COVENANT REGARDING HURRICANE EVACUATION and DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ( "Declaration ") is made as of the day of , 2009, by PANORAMA ON CLEARWATER BEACH, LLC„ a Florida limited liability company ('Developer "). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ( "Real Property "). The City of Clearwater, Florida (the "City "), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach.. The designation of Clearwater Beach as a Community Redevelopment District (the 'Designation ") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid -size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with IIotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort IIotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution . , passed and approved on Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real. Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of IIotel Density Reserve Units to Developer, and other good and valuable consideration, the . sufficiency of which is hereby acla.-owledged, Developer hereby declares, covenants and agrees as follows: 0 0 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said. residents by the City Council of the City. 2. Covenant of Development Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 A minimum of fifty -eight (58) hotel units, which is the number of hotel units allocated to DEVELOPER, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or- less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. No hotel unit shall be used as a primary or permanent residence. 2.1.2 All other units shall. be licensed as a public lodging establishment, a portion of which may be classified as a fractional. share unit. Except for such fractional share units in which owners may stay for up to 60 consecutive days, occupancy is limited to stays of one month or thirty (30) consecutive days, whichever is less. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging establishi nent," "hotel.," "time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2004). 2.2 Closure of Improvements and Evacuation. The Hotel developed on..the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and ernployees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation 2 • • provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ( "Project ") and Developer's commencement of construction of the Project, as evidenced by a. Notice of Cornrnencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing LaA,. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida.. 5 Recording. This Declaration shall be recorded. in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' .Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and. the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to ally person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. [SIGNATURES PAGES TO FOLLOW] 3 IN WITNESS WHERE- OF, Developer has caused tbis Declaration to be executed this , day of 2009. WITNESSES: PANORAMA ON CLEARWATER BEACH, LLC By: Printed Name: Uday Lele, Managing Member. Printed Name: CITY OF CLEARWATER, FLORIDA. By: Printed Name: William B. Home II, City Manager Printed Name: Attest: Cynthia E. Goudeau, City Cleric Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall -Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was aclalowledged before me this _day of ' , 2009, by UDAY LELE, as Managing Member of PANORAMA ON CLEARWATER BEACH, LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or who produced as identification. Notary Public Print Name: 4 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acluiowl.edged before nie this _day of , 2009, by WILLIAM B. IIORNE, II, as City Manager of the City of Clearwater, Florida, who is personally known to me or who produced. as identification. Notary Public Print Name: 5 SCHEDULE A Lots 5, 6, 7, 8, 13 and 14, Block 7, REVISED MAP OF CLEARWATER BEACH, according to the plat thereof as recorded in Plat Book 11, Page 5 of the Public Records of Pinellas County, Florida. Parcel Numbers: 05/29/15/16362/007 /0050 05/29/15/16362/007 /0060 05/29/15/16362/007 /0070 05/29/15/16362/007 /0071 05/29115/16362/007 /0080 05/29/15/16362/007 /0081 05/29/15/16362/007 /0140 05/29/15/16362/007 /0130 17J EXIdIBIT E COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, Florida 33756 COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement ") is executed this _day of 2009 by PANORAMA ON CLEARWATER BEACH, LLC, a Florida limited liability company ( "Developer "). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property "); and WHEREAS, Developer and the City of Clearwater, Florida (the "City ") are parties to that certain Development Agreement dated , 2009 (the "Development Agreement "), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project "); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described i a this Agreement. NOW, THEREFORE, in consideration of the surn of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits ,required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel -and fractional share /interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise 0 V, convey its right in. and to the Real Properly or any portion or portions thereof to unrelated third- parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units to be constructed as a part of the Project (the "Fractional Ownership ") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a single unified. project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all Fractional Share Units may be operated by a different, single management firm/operator. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this day of 32009. WITNESSES: PANORAMA ON CLEARWATER BEACH, LLC, a Florida limited liability company Printed Nane: Printed Name: 2 C Uday Lele, Managing Member CITY OF CLEARWATER, FLORIDA By: Printed Name: William B. Home II, City Manager Printed Name: Attest: Cynthia E. Goudeau, City Cleric Countersigned: Frank V. Hibbard, Mayor Approved as to Form.: Leslie K. Dougall -Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrtument was aclaiowledged. before me tlhis_day of , 2009, by UDAY LELE, as Managing Member of PANORAMA ON CLEARWATER BEACH, LLC, a Florida limited liability company, on behalf of the company. He is _ personally known to me or who produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of _ , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is personally known to me or who _ produced as identification. Notary Public Print Name: 3 • • SCHEDULE A Lots 5, 6, 7, 8, 13 and 14, Block 7, REVISED MAP OF CLEARWATER BEACH, according to the plat thereof as recorded in Plat Book 11, Page 5 of the Public Records of Pinellas County, Florida. Parcel Numbers: 05/29/15/16362/007 /0050 05/29115/16362/007 /0060 05/29/15/16362/007 /0070 05/29115/16362/007 /0071 05/29/15/16362/007 /0080 05/29/15/16362/007 /0081 05/29/15/16362/007 /0140 05/29/15/16362/007 /0130 CITY OF CLEARWATER NOTICE OF INTENT TO CONSIDER A DEVELOPMENT AGREEMENT Public hearings will be conducted before the Community Development Board on Tuesday, December 15, 2009, beginning at 1:00 PM (or as soon thereafter as the matter may be heard), in City Council Chambers, 3 d floor of City Hall, 112 South Osceola Ave., Clearwater, Florida, to consider approving a Development Agreement between the City of Clearwater and Panorama on Clearwater Beach, LLC and Evangeline P. Samarkos, as Trustee of the Evangeline P. Samarkos Revocable Trust UAD 3/27/06, Michael A. Samarkos, Victoria Harkey. -, for property located at 20 Kendall StParcel Numbers: 05- 29 -15- 16362- 007 -0050, 05- 29 -15- 16362- 007 -0060, 05-29-15- 16362 -007- 0070, 05- 29 -15- 16362- 007 -0071, 05- 29 -15- 16362- 007 -0080, 05- 29 -15- 16362- 007 -0081, 05- 29 -15- 16362- 007 -0130 and 05- 29 -15- 16362- 007 -0140. Assigned Planner: Kurleman Planner III (DM 0003) The Development Agreement will allow for overnight accommodation use of a total of 88 units (150 units /acre on total site, including the allocation of 58 units from the Hotel Density Reserve) and a height of 72 feet (to roof deck) and 86.5 feet (to elevator equipment). A public hearing has previously been held to consider a Flexible Development request for the following related case: FLD2008- 12034. Interested parties may appear to be heard or file written notice of approval or objections with the Planning and Development Department or the City Clerk prior to or during the public hearing. Any person who decides to appeal any decision made by the Board, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Additional information, including the Development Agreement, is available in the Planning and Development Department at the Municipal Services Building, 100 S. Myrtle Avenue, Clearwater, Florida. Please contact the assigned planner at 562 -4567. Michael Delk Planning and Development Director Cynthia E. Goudeau, MMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758 -4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATIONS IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPARTMENT WITH THEIR REQUEST AT (727) 562 -4090. To learn more about presenting to Clearwater boards and City Council, go to http: // clearwater .granicus.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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