06-06
!
RESOLUTION NO. 06-06
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND CRYSTAL BEACH CAPITAL, LLC
F/K1A BEACHWALK RESORT, LLC; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of amending the Development
Agreement with Crystal Beach Capital, LLC f/k/a Beachwalk Resort, LLC that was
adopted by the City Council on December 2, 2004, by Resolution No. 04-35; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OFCLEARWATER, FLORIDA:
Section 1. The Amended Development Agreement between the City of
Clearwater and Crystal Beach Resort, LLC. a copy of which is attached as Exhibit "A" is
hereby approved.
Section 2. The City Clerk is directed to record the Amended Development
Agreement with the Clerk of the Circuit Court in Pinellas County no later than fourteen
(14) days after the agreement is executed. The applicant for the Development
Agreement shall bear the expense of recording the agreement.
Section 3. The City Clerk is directed to submit a recorded copy of the
Amended Development Agreement to the State of Florida Department of Community
Affairs no later than fourteen (14) days after the Amended Development Agreement is
recorded.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 19th
I he!fllycertify that this is a true and
~~ne.k(;~Y M the or!ginal as it appears
!R;~1f~!Ies of the City of Clearwater.
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Approved as t~~CiIYCler' .
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Pamela K. Akin
City Attorney
day of January
,2006
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Ff<<f1k V. Hibbard
Mayor
Attest:
RETURN TO: CITY CLERK
112 S. OSCEOLA AVE
CLEARWATER, FL 33756
Resolution No. 06-06
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PREPARED BY AND WHEN RECORDED RETURN TO:
FIRST AMENDMENT TO SECOND AND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF
CLEARWATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
CRYSTAL BEACH CAPITAL, LLC,
A FLORIDA LIMITED LIABILITY COMPANY
DATED AS
,2006
Exhibit "A"
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THIS FIRST AMENDMENT TO SECOND AND AMENDED AND
RESTATED DEVELOPMENT AGREEMENT (the "Amendment") is made as of this
_ day of , ~2006 (the "Effective Date"), by and between THE CITY OF
CLEARWATER, FLORIDA, a Florida municipal corporation (the "City") and
CRYSTAL BEACH CAPITAL, L.L.C., a Florida limited liability company (the
"Developer").
WITNESSETH
WHEREAS, the City and Beachwalk Resort, LLC, Developer's predecessor in
title, are parties to that certain Second Amended and Restated Development Agreement
as recorded in O.R. Book 13996, Page 2409, Public Records of Pinellas County, Florida
(the "Development Agreement"); and
WHEREAS, to insure and execute the City's goals of revitalizing Clearwater
Beach in accordance with Beach By Design, the City has imposed certain restrictions
upon the Developer and individual Unit Owners as detailed in the. Development
Agreement and the exhibits attached thereto; and
WHEREAS, the City and the Developer desire to amend certain terms and
provisions of the Development Agreement, as more fully set forth herein below.
NOW, THEREFORE, in consideration of the sum of $10 and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the City and the Developer agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by reference.
+'2. Capitalized Terms. Capitalized terms not otherwise defined in this
Amendment shall have the meaning ascribed to such terms in the Development Agreement.
3. Definitions: Section 1.01 is hereby amended to add the following definition:
The term "operator." "hotel operator." or "sim!le hotel operator" shall each mean the sinQJe
entitv under whose name the Hotel is operated and who is responsible for the dailv
operation of the Hotellobbv. front desk. Meetin!! Space. ballrooms. hotel restaurants. and
all other public areas of the Proiect and who is solelv responsible for the provision of Hotel
services (e.!!.. room service and conciefQe services) and maintenance and operation of all
Hotel amenities.
JA. Paragraphs 1, 2 and 4 of Section 2.03 of the Development Agreement-are
amended as follows and new subparagraphs 6, 7 and 8 are added to the end of Section 2.03:
2.03. Scope of the Project.
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Page 2
1. The Project shall only include public parking, private parking,
resort hotel, residential and retail uses and appropriate accessory
uses and shall be developed in substantial conformity with the
preliminary plans of development which are attached as Exhibit B.
The Project Site is a "Community Redevelopment District,"
pursuant to the Pinellas County Planning Council's Rules which
authorizes an increase in hotel unit density pursuant to the
provisions of Beach by Design. The intensity of permitted use on
the Project Site shall be:
a. Public Parking - at least 400 spaces.
fub. Private parking -at least 350 spaces.
fuC. Hotel: The Hotel shall inoIude no more than t'.vo hundred fifty
(250) hotel units (v.'hich may be submitted to condominium ownership),
k Units (Rooms) ~_TheHQ.td_shf1JJjnc.ludeJ.lQJ11QIe_th~u:Lt\Y~1
h. JmdrcdJiftv f250} hotel units (which may be_submitted to coildominium
._.h'._..................._......._.___.."_..........J~.___ .__n. ___"_ ~.__._ .......... _...._. .. h_n_n__._. ,..~___............_._,_",....__..... _~ ...._._..__ ......_...._..___..__.._...___............__...........__.._..................;.
oWl?crshin )(individuallv each a "Hotel Unit" and collectivelv the "Hotel
Units").
ron. Other Areas - The Hotel shall include a mll11mUm of
twenty thousand (20,000) square feet of Meeting Space and other
amenities accessory to the Hotel, including, but notA limited to restaurants,
bars, exercise and spa facilities, beach club, outdoor recreation space,
storage, back office and administration areas and other functional elements
relatim! to the Hotel, including not more than twenty five thousand
(25,000) square feet of retail/restaurant floor area. Of the hotel units, 209
are Hotel Unit Pool units, '.vhich shall be required to be submitted to ~l
rental program requiring that such unit Be available for overnight hotel
guests on a transient basis for no fewer than 330 days in any calendar year,
subject to force majeure e\'ents making such rooms unavailable fOf
occupancy and subject further to tho right of the operator to rem aye ~;uch
rooms from service as necessary to assure compliance of such rooms v.-ith
the operating standard of such operator. In order to as~~ure the high quality
resort experience called for under this Agreement, all such units, as woII as
the units not representint; bonus units, shall be operated by a single hotel
operator who shall meet the requirements as to operating standards ~~et
forth in Exhibit N of this .^...greement. In addition, the cabanas as shown
on the approved site development plan. will be accessory facilities which
are not available for rental as overnight accommodation, contain no beds
or pull-out sofas, will only be made available for use by hotel guests or
beach club members and when not rented to hotel guests, access to the
cabana will be prohibited between the hours of 1 a.m. and 6 a.m. "
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d. Residential Units - not more than 18 units.
2. Nothing shall preclude the Developer from developing or operating
all or a oortion of the Project elements using any ownership format
permitted under Florida Statutes including individual ownership
formats in one or more condominiums. provided that the
requirements as to availability for transient ocoupancy and as
tethere is a single hotel operator set forth inas defined herein and
all Hotel Units are ooerated in comoliance with this Allreement.
4. Notwithstanding any other provision of this Agreement, no
oceupancy in exoess of thirty (30) days per stay shall be permitted
in any hotel lHlit which is developed as a part of the Project. In
addition, no hotel unit shall be used as a primary or permanent
residence and each unit from the Hotel Unit Pool shall be required
to be available to transient hotel guests all Hotel Units shall be
licensed as a DubHe lodllinl! facility in accordance with Florida
Statutes. Chaoter 509. No Hotel Unit shall be occuoied bv the
owner or lluest of the aoolicable Hotel Unit (the "Unit Owner") for
more than 30 consecutive days oer stay. When not occuoied bv the
Unit Owner. the aoolicable Hotel Unit shall be made available for
rental to the oublic for transient occuoancy as ovemillht
accommodations. Each Hotel Unit shall be made available to the
oublic ovemillht accommodations for no fewer than 305 days in
any calendar year. subject to force majeure events makinll such
rooms unavailable for occuoancv and subject to the rillht of the
hotel ooerator to remove such rooms from service as necessarv for
maintenance. No Hotel Unit may be used for any ouroose other
than ovemillht accommodations as orovided bv the Land
Develooment Code. Individual Hotel Units shall not be required to
be made available for rental to the oublic as a result O(f01:.~.~
Ln.ai~!J~..eyJmtulli'!kiug...S.UW_J:1l.Q.ID.s....1LnID'..ailahk-.t(JLQ~cnJ)ancs.aL1f!
~uJ~i~ct tl!!}h~r to tIle rillht ...9f the hotel qQera!9LJ2.!:e~~gY9. s~1!;.h
rooms from service as necessary to assure _.comdlliance...Q.f~su~h
rOQ.ms with.Joe 0J2erating.._sla1l.danLQLs.1tC.h hotel ooerator. Unit
Owner's may act on their own behalf to rent their resoectiye Hotel
Units or may retain either the Develooer or a third oartv rental
allent to orovide rental services.
6. In order to assure the high quality resort exoerience calJed J~)J
.underthis.Agreement. all 250 Hotel Units shall be maintained and
ooerated to the ooeratinll standards set forth in Exhibit N of this
Allreement.
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7. Develooer shall maintain a sim!le front desk for the Hotel to
reQister every Hotel Unit occuoant. To assist the City to monitor
the Unit Owners' comoliance with the laws and reQulations
aoolicable to such Hotel Units. the hotel ooerator will control
access to all of the Hotel Units and will. uoon the written reauest
of the City. no more than once ner Year. orovide to the City a
reoort detailinQ the total number of niQhts each Hotel Unit was
occuoied and the number of niQhts each Hotel Unit was occuoied
bv the Unit Owner (or Quest of the Unit Owner) and the number of
niQhts each Hotel Unit was occuoied bv a third Darty hotel Quest.
8. All Hotel Units shall be reauired to be operated as described in this
Section 2.03. Prior to the issuance of a certificate of occupancy for
the resort Hotel, the Developer shall record a covenant and
restriction which is enforceable by the City, substantially in
accordance with Exhibit F, limiting the use and operation of the
resort hotel unitsHotel Units and implementing this paragraph.
5. Section 3.01 paragraph 3 is amended as follows:
3.01. Land Development Regulations.
3. Allocation of Units from Hotel Unit Pool. Subject to the terms and
conditions of this Agreement, the City hereby allocates and grants to
Developer from the Hotel Unit Pool an additional two hundred nine (209)
hotel unitsHotel Units to the Project Site in accordance with applicable
law. The allocation of additional hotel units from the Hotel Unit Pool shall
expire and be of no further force and effect unless the Commencement
Date occurs on or before March 6,Decem ber 31. 2006.
6. Section 3.03 paragraph 2 is amended as follows:
3.03. Concurrency.
2. Reservation of Caoacity. The City hereby agrees and acknowledges that as
of the Effective Date of this Agreement, the Project satisfies the
concurrency requirements of Florida law. The City agrees to reserve the
required capacity to serve the Project for the Developer and to maintain
such capacity until Maroh 6,December 31. 2006 and that such period shall
be automatically extended for an additional three (3) years if the
Developer commences construction by March 6,December 31. 2006. The
City recognizes and acknowledges that the Developer will rely upon such
reservation in proceeding with the Project.
7. Section 5.03 paragraph 2 is amended to read as follows:
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2. Proiect Site. In the event the Developer fails to commence
construction by March 6,December 31. 2006, at Developer's request the
City agrees to purchase the Project Site as described in Exhibit A at fair
market value, but in no event shall the purchase price exceed $6,000,000.
The fair market value shall be established by an appraisal process. The
appraiser shall be directed to establish the value of the property assuming
Third Street and South Gulfview Drive are not vacated and disregarding
the additional development rights (209 hotel units) provided in the
Development Agreement. The appraisal of the Project Site shall reflect
the higher of: (i) the highest and best use of such property at the time of
appraisal, or (ii) the value of the Project Site with existing buildings and
existing sixty-five (65) hotel units in place at the time of execution of the
Development Agreement (i.e. as existing in 2002, before demolition, but
valued at the time of the appraisal in 2006). The appraisals shall be
conducted by two (2) appraisers retained by the City. One of the
appraisers shall be selected from a list of qualified appraisers submitted to
the City by the Developer. In the event that the two (2) appraisals are
within twenty percent (20%) of each other, the fair market value shall be
the average of the two (2) appraisals. In the event that the appraisals differ
by more than twenty percent (20%), the two appraisers shall select a third
appraiser from the City's master list of qualified appraisers, including the
list submitted by the Developer, and the third appraiser shall select among
the two (2) appraisals which in the opinion of the third appraiser most
accurately represents the fair market value of the property.
8. Section 5.04, paragraph 7 is amended as follows:
7. Concessions. The City shall grant the Developer authority to
operate concessions on land to the west of the existing centerline of South
Gulfview Drive, adjacent to the Project site, subject to any existing
franchise or concession rights and compliance with all requirements of the
City Code, and subject to a long term license agreement to be approved by
the City, substantially in the form as Exhibit K. The license agreement
shall be for a term of 50 years, commencing on the date the facilities are
available for use, and be subject to a right of termination by the City for an
uncured breach of a material obligation by the Developer. Such
concessions may include a facility open to the public which provides
towels, lockers, minimal beach sundries, and other beach gear required to
operate a first-class beach hotel, but not including benches, lounges,
umbrellas and side tables. The concession facilitv shall be no more than
1.200 sauare feet. MOL. be no hig:her than one stOry and shall not disolay
the name Hvatt or anv other hotel-related mark on the structure of the
facilitv. Additionallv. the oersons working: within the facilitv shall wear no
oins or other identification bearing: the name Hvatt or anv other hotel-
related mark. Such facilities shall be built into the beach landing portion
of the pedestrian overpass, as more particularly depicted on Exhibit H.
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Notwithstanding the foregoing, in regard to beach chairs, lounges,
umbrellas, side tables and the level of services associated with the
provision thereof ("Beach Concessions"), the City shall retain the right to
utilize a concessionaire to provide said Beach Concessions. The City
agrees that the City concessionaire shall offer the Beach Concessions
which comply with the standards set out on Exhibit L, attached hereto and
made a part hereof. If the City's franchisee fails to comply with the
standards in Exhibit L Developer may send written notice to the City
specifying the non-compliance, after which the City has thirty (30) days to
cure said non-compliance. In the event that the non-compliance is not
cured within thirty (30) days, the City agrees that the Developer may
thereafter provide the Beach Concessions and shall retain all income
derived therefrom. If the Develoner assumes control of the Beach
Concessions. Developer shall have a five year term to onerate the Beach
Concessions. subject to the provisions herein below. The Beach
Concessions mav be located onlv on that nortion of the beach directlv west
of the Project Site and as defined bv two narallel lines runnim! from the
northern-most boundarv of the nroject and the southern-most boundarv of
the nroject west to the mean hil!h water mark.. Further. there shall be no
indication or brandinl! on chairs. tables. umbrellas or other similar items
sold or rented from the concession facility bearinl! the name Hvatt or any
other hotel-related mark. If the Developer assumes control of the Beach
Concessions, and the City receives documented complaints that the Beach
Concessions are being denied to non-hotel guests, or if Developer fails to
comply with the standards set out in Exhibit L, the City may send written
notice to Developer specifying the non-compliance. In the event that the
non-compliance is not cured within thirty (30) days, the City may take
back the Beach Concessions.
9. Section 5.04 paragraph 1 is amended as follows:
5.04. City's Obligations.
I South Gulfview and Beach Walk Improvements. The City shall be
responsible for the design, construction and funding (subject to the
payment by Developer of its pro rata share as provided herein) of the
South Gulfview and Beach Walk Improvements. The City further agrees
to make reasonable efforts to complete construction in accordance '""ith the
schedule attaohed hereto as Exhibit M. The City's utilization of the
construction schedule in Exhibit M is dependent upon payment byof that
nortion of South Gulfview and Beach Walk Imnrovements abuttinl! the
Project defined as Phase I and Phase II in the Mav 2. 2005 Post Buckley
100% Drawim!s for Beachwalk bv no later thanprior to the issuance of the
Certificate of Occupancv for the Project contiul!ent onpavment by
Developer of Developer's Pro Rata Share (defined herein) and the
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Page 7
Accelerated Construction Payment (defined herein) to the City prior to the
City awarding the construction bid.. The City and the Developer recognize
that staging and site access issues will have a substantial impact on the
Beach Walk construction schedule. Further, construction of the Beach
Walk Improvements as shown in the = May 2, 2005 Post Buckley 100%
Drawings for Beachwalk is contingent upon the availability of the Relo
cated First Street (a/kJa Second Street). The City al!rees that issuance of
the Certificate of Occuoancv shall not be unreasonablv withheld.
conditioned or delaved.
10. Section 5.05 paragraph 5 is amended as follows:
5.05. Obligations of the Developer.
5. Cost of South Gulfview and Beach Walk.
a. The City's portion of the Transportation Impact Fee shall be
credited to the Developer against the cost of Developer's fair share
of the South Gulfview and Beach Walk Improvements as described
in subsection (b) below.
b. The Developer shall be responsible for a pro rata share of the cost
of the South Gulfview and Beach Walk Improvements, which shall
be equal to the net cost of the South Gulfview and Beach Walk
Improvements multiplied by a fraction in which the front footage
of the Project Site is the numerator and the total frontage along
South Gulfview and Beach Walk Improvements is the
denominator.
SPR = (F PROJ/F SGBW) x (CSGBW)
SPR = Pro Rata Share
FpROJ Frontage of Project Site
F SGBW = Total Frontage along South Gulfview and
Beach Walk Improvements
CSGBW = Net Cost of South Gulfview and Beach
Walk Improvements
The City has determined that the Developer's pro rata share is One
Million One Hundred Ninety Thousand Dollars ($1,190,000.00)
("Developer's Pro Rata Share"). In addition, Developer agrees to
pay the City an additional Two Hundred Eighty Thousand Dollars .
($280,000.00) in exchange for the City's agreement tofor redesign
of the Beach Walk Improvements to accommodate the Proiect
(Redesign Payment). utilize the specific construction schedule
attached hereto as Exhibit Mcomolete construction of that oortion
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Page 8
of the South Gulfview and Beach Walk Imorovements orior to the
issuance of the Certificate of Occ'..loanc'l for the Proiect
("}..ccelerated Construction Payment"). The City's utilization of
the construction schedule in Exhibit 14obligation is. dependent
upon payment of Developer's Pro Rata Share and the .f..cceleration
Construction Payment to the City prior to the City awarding the
construction bid. The City agrees to utilize best efforts to meet the
construction schedule specified in Exhibit 14 recognizing that time
is of the essence. comolete construction of that oortion of the
South Gulfview and Beach '.Valle Imorovements orior to the
issuance of the Certificate of OCCUOallCV for the Proiect. The City
agrees to give Develooer not less than 5 davs orior ""Titten notice
of the date the ,^..cceleration Construction Pa';ment shall be due and
oavable hereunder. If Developer's Pro Rata Share and Accelerated
ConstructionRedesign Payments are not made by April 1, 2005,
the amount due will be increased each month by the Construction
Cost Index as published monthly by the U.S. Dept. of Commerce.
Such pro rata share shall be paid prior to issuance of the
foundation permit for the project.
c. In the event that any property which fronts on the South Gulfview
and Beach Walk Improvements is proposed for redevelopment
using the pool of additional resort units established pursuant to
Beach by Design, the developer of such property shall be required
to pay to the City a pro rata share of the cost of the South
Gulfview and Beach Walk Improvements as a condition of
development approval.
11. Section 5.05 paragraph 9 is amended as follows:
9. Commencement of Construction. The Developer shall commence
construction of the Project by 14arch,December 31. 2006, and shall
thereafter diligently pursue completion of the Project.
12. Section 7.02fA- paragraph 1 is amended as follows:
7.02. Construction.
1. Commencement. The Developer shall construct the Garage Access
Improvements, substantially in accordance with the Plans and
Specifications therefor. The Developer shall commence construction by
14archDecember 31 2006 in accordance with Section 5.05(12).
a. For purposes of this Section 7.02, "commence construction" means
commencement of meaningful physical development of that part of
the Project as authorized by the Building Permit therefor which is
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Page 9
continued and diligently prosecuted toward completion of that part
of the Project.
b. All obligations of the Developer (including deadlines in the
Commencement Date) with respect to commencement and
continuation of construction in regard to the Garage Access
Improvements, shall be subject to delays and extensions from time
to time for Unavoidable Delay (see Article 15). The Developer
shall not be deemed to be in default of this Agreement to the extent
construction of the Project, or a part thereof, is not complete by
reason of Unavoidable Delay.
13. Exhibit F. Sections 2 of Exhibit F to the Agreement are deleted in their
entirety and replaced with the following:
2.1.1 The Hotel Units shall be restricted as follows;A minimum of
tv/o hundred and nine (209) units, '."hich is the number of hotel
units allocated to DEVELOPER, shall be used solely for transient
occupancy of thirty (30) 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 tho hotel. No hotel unit
shall be used as a primary or permanent residence..
i No Hotel Unit shall be occuoied bv the Unit Owner
or any other occuoant for more than 30 consecutive davs
oer stay. When such Hotel Units are not beinQ occuoied by
their resoective owners. the Hotels Units shall be made
available to the oublic for rental as overniQht
accommodations as defined in the Clearwater Community
Develooment Code. The Hotel Units shall be made
available to the oublic for rental as overni2:ht
accommodations for no fewer than 305 days in anv
calendar Year.
r.-ll. All Hotel Units shall be lice.nse(,Las.J1I!.!J.blic_IQogill.g
facility in accordance with Florida Statutes. Chaoter 509.
r.-m. All Hotel Units shall be maintained and ooera~
the ooeratinQ standards (the "OoeratinQ Standards") set
forth in Exhibit N of that certain Second Amended and
Restated Develooment AQreement as recorded in O.R.
Book 13996. PaQe 2409. Public Records of Pinellas
County. Florida (the "Develooment AQreement"). Owners
of the Hotel Units may act on their own behalf to rent their
resoective units or may retain either the Develooer or a
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Page 10
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third oarty rental a2:ent to oroyide rental services. however.
in such event the owners of the Hotel Units shall be
resoonsible for comoliance with the Ooeratin2: Standards
and the terms and conditions of the Develooment
A2:reement. as amended. includin2:. but not limited to.
Exhibits E. F and N. Unon reauest of the City. the such
Hotel Unit owner (other than those Unit Owner's whose
Hotel Unit is managed by the hotel operator for the Hotel)
shall be reauired to nrovide. at the owners exnense.
indeoendent certification by a mutually a2:reed unon Hotel
Insnector. of the Hotel Unit's comoliance with the
Ooeratin2: Standards and the terms and conditions of the
Development A2:reement. as amended. includin2:. but not
limited to. Exhibits E. F and N. In addition to remedies
available by law. the City shall have the ri2:ht to orohibit
use of and access to any unit that is not operated to the
Ooeratin2: Standards until such time as the owner of such
unit demonstrates to the reasonable satisfaction of the City
that unit is in comoliance with this section.
b.L2 fJI other hotel units shall be licensed as a public lodging
establishment, classified as a hotel or resort condominium with
occupancy limited to stays of thirty (30) days or less. No hotel unit
shall be used as a primary or permanent residence.
2.1.2 The Other Areas of the Hotel. includin2: the front desk.
shall be operated by a sin2:le. licensed ooerator of the Hotel.
2.1.3 No Hotel Units shall be used as other than ovemi2:ht
accommodations as nroyided in the Land Development Code. nor
shall any Hotel Unit be used as a primary or permanent residence.
2.1.4 As used herein, the terms "transient occupancy,",; "public
lodging establishment,",; "hotel", "resort condominimum, 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 Hetelunits owners and their 2:uests and invitees and
all hotel guests, visitors and employees,; other than emergency and
security personnel required to protect the resort Hotel (as
desi2:nated by the Developer and/or its hotel operator) shall be
evacuated from the Hotel as soon as practicable following the
Page 11
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 ensure that theinsure that all units owners and their lluests
and invitees and all hotel guests, visitors and employees will be
evacuated in advance of the issuance of a forecast of probable
landfall.
14. Easement. Developer shall provide a public pedestrian access easement 10
feet wide within the northern-most bav of the Proiect extendinll from Coronado to Gulf
View Boulevard. Such easement shall include: a horizontal pole or llate at the east end of
the easement which is lonll enoullh to restrict public vehicular traffic unless lifted as
necessarv. but not so lonll as to overlv impede public pedestrian traffic: approoriate sillnalle
indicatinll that the area permits public pedestrian access: and aoorooriate lillhtinll for Dublic
pedestrian traffic. The easement shall remain in Dlace until Second Street is ODen. The
access easement shall not be used for lleneral Dublic vehicular throullh traffic. but will be
used bv vehicular traffic directlv associated with the oroiect.
SIGNATURE PAGES TO FOLLOW
TAMP 399167.13991679
Page 12
IN WITNESS WHEREOF, the parties hereto have set their hands and their
respective seals affixed as of the date set forth in the first paragraph of this Amendment.
THE CITY OF CLEARWATER, FLORIDA
Attest:
By:
City Clerk
By:
Mayor
Approved as to form:
Pamela K. Akin, Esquire
City Attorney
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day
of , 2005 by and , the Mayor and the
City Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City.
Notary Public - Signature
Print Name:
My Commission Expires:
[SIGNATURES CONTINUED ON NEXT PAGE]
TAMP _399167.13991679
Page 13
Signed, sealed and delivered
in the presence of:
CRYSTAL BEACH CAPITAL, LLC
(Witness Signature)
Print Name:
By: NJR DEVELOPMENT COMPANY,
L.L.C., its sole manager
Neil J. Rauenhorst, its Manager
(Witness Signature)
Print Name:
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this _ day of , 2005, by
Neil 1. Rauenhorst, manager of NJR Development Company, L.L.C., sole manager of Crystal
Beach Capital, LLC, a Florida limited liability company, on behalf of the companies. He [select
one:]
( ) is personally known to me;
or
( ) produced a Florida driver's license as identification
Notary Public - Signature
Print Name:
My Commission Expires:
TAMP _399167.13991679
EXHIBIT 1
005.382551.JAMP _399167.13991679
2