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FL01-01-01; DA01-01-01
FL01-01-01; DA01-01-01 229, 301 GULFVIEW BLVD S; 230, 300, 304 CORONADO MARRIOTT SEASHELL CITY OF CLE A.TER rLICATION FOR SITE AN APPROVAL PLANNING & DEVELOPMENT SER.VICkS ADAENSTRATTON MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2`a FLOOR PHONE (727) -562 -4567 FAX (727) 562 -4576 This form must be submitted for all applications for residential uses, accessory uses, nonresidential uses, fences, Signs, vested rights, development agreements, seawalls, docks, marinas and other marine structures and home occupations. APPLICANT, PROPERTY OWNER, AND AGENT INFORMATION: APPLICANT NAME: Clearwater Seashell Resort L.L.C. MAILING'ADDRESS 748 Broadway 4202 Dunedin, FL 34689 PHONE NUMBER 734 -1966 733 -8634 FAX NUMBER ; PROPERTY OWNERS . Al -Nayem Intl. Inc. AGENT NAME MAILING ADDRESS (List all owners) Kandiah P. Thavabalasingam I , Jim Egnew / Richard Gehring I �,j • . 748 Broadway 4202 Dunedin, FL 34689 r ,f r•` � E PHONE NUMBER 734 -1966 PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: 229/301 S. Gulfview Boulevard - FAX NUMBER : 733 -8634 LEGAL DESCRIPTION: Lots 57, 58, 59, 104, South 201 of Lot 56, South 20' of Lot 103, Lot 105, Lot 106 and N 1/2 of Lot 107 PARCEL NUMBER: Llovd- White- Skinner Subdivision PROPOSED USE AND SIZE. 250 hotel units, 833 t space parking garage (number of dwelling units, hotel rooms or square footage of nonresidential use) SIZE OF SITE: 1.63 Acres DESCRIPTION OF REQUEST: Approve flexible development, transfer of development rights, site plan and rig t -o way vacation to imp emen Beac y esign p an DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS? YES X NO I, the undersigned, acknowledge that all representations de in this application are true and a urate to the best of my knowledge,-. Signature of STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this /� 71'' day of ` it A141A t v ; A.D., t4 Aoa / tome and/or by , who is personally known has produced N /,a as I ification. ,r+Y aryl Doris J Bowling � My Commission CC987865 Notary public, _ r< Expires February 12 2005 my commission expires: FOR PLANNING OFFICE USE ONLY: LAND USE DISTRICT OF PARCEL: ZONING: FUTURE DESIGNATION: ZONING CLASSIFICATION OF ADJACENT PARCELS: NORTH: SOUTH: EASTti-, .�.�wEsr: _� FUTURE LAND USE CLASSIFICATION OF ADJACENT PARCELS: NORTH: SouTN• it A &6`1 V V GJ 1 • S: application forms /development review /basic appiication.doc AFFIDAVIT TO AUTHORIZE AGENT PLAMMG &DEVELOPMENT SERVICES AlDhfMTRA7 ON MUNICIPAL SERVICES St1ILDINO, 100 SO= MYRTLE AVENUE, 2ID° FLOOR PHONE (72'7)•562 -4967 PAX(721)562-4576 ► STATE OF FLORIDA COUNTY OF PINELLAS AL -NAYEM INT'L INCORPORATED {Name oft eA p(opera *mom) 7: That (I amtwe are) the owner(s) and record title holder(s) of the following described property: ADORESS OR GENERAL LOCATIONr _„ `,► • �(.� [ •FU i �.G.)_ . Bl V 2. That this property constitutes the property for which a request for e, i •�'� 1(n A, raU CLl ua cirk �. h drt- • (Neture or M*asl) 3. That the undersigned (has /have) appointed and (does/do) appoint WILLIAM J: KIMPTON as (hismeir) agent(s) to execute Qey petitia+s or other documents necewry to aNm4 such pMlon; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; S. T at I /we); the undersigned author'ty, hereby certify that the foregoing is true and correct. YEM INT'L INCORPORATED B SPATE OF FLORIDA, COUNTY OF PINELLAs Sworn to and subscn'bed before me this - 12th day f slcNeO[`o0 loon iChose, Vice President January A.D., y 11 2n i-to me and /ar SIGNED (Property Owner) 'IGNED (P(aperY Owner) �t WED (Property Ownet) by Dnn9 Hnnn Chap, VP , who is personally known has produced as identification. 1llulrrl1y M%t 1 !�r • ��� L. Lalvto rrii •••. � sir ,,J����aype •+ • �1SSION 10, ?DO i• • 'fir' •.e �* Notary pu ie o #CC790214 . c_ � eondedlh� � My com on expires: � •. P, c¢ oQ` r :''�, %l�iriT ill S STATE OF FLORIDA COUNTY OF PINELLAS �y� T ' AFFIDAVIT TO AUTHORIZE AGENT pLANM NG & DEVELOI'1VI M SMVICES ADMINMMA7I0N MUNICIPAL SERVICES MIMING, loo SOUTH IM °nd fie! -- PHONE (127) -562 -4567 FAX �'f) 71 `� F I I JAN 12 2001 KAND IAH PONNT p i l P A Ant (t,isma aff an property awrin) 1. That (1 am/we are) the owner(s) and record title holder(s) of the / following described property: A013RESS OR GENERAL LOCATION j._. " q �� S • CoTU [ 41I eAJ Pal V Ct. 2. That this property constitutes the property for which a request for a- —I— ...^f% vn.l tlkt'nlrlilo- er Sec (Naturar or request) r+ 3. That the undersigned (hasAaav*) appointed and (doesWa) appoint WILLIAM J. KIMPTON as (h►sAhetr) agents) to eKeeute any pRHtioft or other do Meets necessary to aHeot such petition: 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act an the above described property; 5. That Mwe), the undersigned authority, hereby certify that the foregoing is true and correct. X � SIGNED (Prapetty Owne() SIGNED (Property Omer) -IGNED (ProQer, Owner) 3iGNE0 (Property Owner) Tod LS2'0N 9BC92VVLZ STATE OF FLORIDA, COUNTY' OF PINELLAS Sworn to and subscribed before me this 12th day of January,� A.D., XKZQQL to me and /or andi'ah P: Thavabalasjggam who is personally known pss�®du"d as`Idarttiftcatiitll. ���\\ �10a \e L. � w /0o � A J��a�ohlQ2�o 9 Notary pu My cammi son expires: o'; #CC790214 0 e0nded %O ce : OQ <vjpxe�iC, ST Pj� \�o °` L HdWdi 9N I'133N 19N3 SN I A 89--ST TO -%T T / 2) '.01 01 /11 18:48 FAX 727 791 9..3 KBWH REALESTATE / _16 062522 INST # g8- 30PM MAR 3, 1998 2: rmpar•d by o return toe Stephen G. Watts, Esquire MEYER & WATTS 611 Druid Road East, #107 Clearwater, Florida 34616 PINELLAS OFF.REC.BK 1 Q007 JAN 11 101 05 :4 �1 JAN 1 2 1001 Ju F r Parcel (.Folio) Number: 07/29/15/05928/000 /0160 07/29/15/05928/000 /0170 LZ 07/29/15/05928/000 /0180 07/29/15/05928/000 /0100 07/29/15/05928/000 /0150 07/29/15/05928/000 /0120 07/29/15/05928/000 /0040 ;` ' = -• - :. •- 07/29/15/05928/000 /0080 07/29/15/0_x-923 /000/0140 ._: ....: . 07/29/15/05928/000 /0010 _ �tRSOO 07/29/15/05928/000 /0020 07/29/15/05928/000 /0030 RBC 07/29/15./05928 /000/0050 Lwr 07/29/15/05928/000 /0060 FBA 07/29/15/05928/000 /0070 Doeumenury Tex Pd; a ? _�.. 07/29/15/05928/000 /0090 IndngVe Tar, Pd. F;C 07/29/15/05928/000 /0110 xad F. 0.M.ter.,C�rt� i— nasCounty �pv 07/29/15/05928/000 /0130 ey r...,�„a„c�.rk s -•^��` Grantee(s) s.s. #: TI'T% THIS WARRAIiTY DEED, Made the lo•� day of September, 2997, by BEACH PLACE MOTEL, INC., hero inaftor called the Grantor, to KANDIAH PONNTHURAI THAVABALASINGAM, whose post office address is 301 S. Gulfview Boulevard, Clearwater Beach, Florida 33767, hereinafter called the Grantee. WITNESSETH, That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land, situate in Pinellas County, State of Florida, viz: i i UNITS 1 THROUGH 18, THE BEACH PLACE MOTEL, A CONDOMMINIUM according to the plat thereof recorded in Condominium Plat ! Book 65, PAGE 13 THROUGH 17, inclusive, and being further described in that certain Declaration of Condominium recorded in Official Record Book 5425,Page 1761 of the Public 1 Records of Pinellas County,: Florida, together with an undivided interest or share in the common elements ; appurtenant thereto. Subject to that certain mortgage between K.M. Rolewski, a married man to i Zena Corporation dated Sept. 12, 1991 and recorded Sept, 13, 1991 in O.R. Book 76780. Page 1864, Public Records of Pinellas County, 'Florida, the rpesent•principle/ balance being $750,000.00. z I t / _16 062522 INST # g8- 30PM MAR 3, 1998 2: rmpar•d by o return toe Stephen G. Watts, Esquire MEYER & WATTS 611 Druid Road East, #107 Clearwater, Florida 34616 PINELLAS OFF.REC.BK 1 Q007 JAN 11 101 05 :4 �1 JAN 1 2 1001 Ju F r Parcel (.Folio) Number: 07/29/15/05928/000 /0160 07/29/15/05928/000 /0170 LZ 07/29/15/05928/000 /0180 07/29/15/05928/000 /0100 07/29/15/05928/000 /0150 07/29/15/05928/000 /0120 07/29/15/05928/000 /0040 ;` ' = -• - :. •- 07/29/15/05928/000 /0080 07/29/15/0_x-923 /000/0140 ._: ....: . 07/29/15/05928/000 /0010 _ �tRSOO 07/29/15/05928/000 /0020 07/29/15/05928/000 /0030 RBC 07/29/15./05928 /000/0050 Lwr 07/29/15/05928/000 /0060 FBA 07/29/15/05928/000 /0070 Doeumenury Tex Pd; a ? _�.. 07/29/15/05928/000 /0090 IndngVe Tar, Pd. F;C 07/29/15/05928/000 /0110 xad F. 0.M.ter.,C�rt� i— nasCounty �pv 07/29/15/05928/000 /0130 ey r...,�„a„c�.rk s -•^��` Grantee(s) s.s. #: TI'T% THIS WARRAIiTY DEED, Made the lo•� day of September, 2997, by BEACH PLACE MOTEL, INC., hero inaftor called the Grantor, to KANDIAH PONNTHURAI THAVABALASINGAM, whose post office address is 301 S. Gulfview Boulevard, Clearwater Beach, Florida 33767, hereinafter called the Grantee. WITNESSETH, That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land, situate in Pinellas County, State of Florida, viz: i i UNITS 1 THROUGH 18, THE BEACH PLACE MOTEL, A CONDOMMINIUM according to the plat thereof recorded in Condominium Plat ! Book 65, PAGE 13 THROUGH 17, inclusive, and being further described in that certain Declaration of Condominium recorded in Official Record Book 5425,Page 1761 of the Public 1 Records of Pinellas County,: Florida, together with an undivided interest or share in the common elements ; appurtenant thereto. Subject to that certain mortgage between K.M. Rolewski, a married man to i Zena Corporation dated Sept. 12, 1991 and recorded Sept, 13, 1991 in O.R. Book 76780. Page 1864, Public Records of Pinellas County, 'Florida, the rpesent•principle/ balance being $750,000.00. z '01 01/11 18:48 FAX 727 791 973" KBWJJ REALESTATE Q008 JAN 11_'01 05 :'40PM PINELLAS - COUNTY FLA. OFF.REC.BK 10009 PG 1767 i..' I Together, with all the tenements, hereditaments and appurtenances the:ato belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. .l. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor ha:: good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1996. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written.Y•; Signed, sealed and delivered '3`r• . in the presence of: r: BEACH EL, INC. BY: +�t` Witness Signature, X. XI %7171.0 Aam Printed name PA W Signatprs PostOjffi�cV Address .J Printed name 1 1 STATE OF FLORIDA COUNTY OF PINELLAS } Thoforegoing instrument was acknowledged before me this /a day of September, 1997, by X.M. ROLEWSXI, as President of BEACH PLACE MOTEL, INC., who is either personally known to me or r who produced the following form of identification: I otary Public. My commission expires: - ;•�•: /. My Comm E9672UMI Printed -notary name t' EM tw,ccsuwte • i • 1 . +�i�t '01 01 /11 18:49 FAX 727 791 973' RBwH REALESTATE [a 010 JAN 11 101 05:40PM BEACH PLACE. MOTEL* Lots 58 and 59, of THE LLOYD - WHITE SKINNER SUBDIVISION, as recorded in Plat Book 13, Pages 12 and 13, of the Public Records of Pinellas County, Florida. * Note:. The above property is currently subject to a condominium plat indicating that the referenced property is platted as motel condominium units. The condominium plat will be terminated as of closing, and the above stated legal description will remain the legal description of the property. r '01 01/11 18:,44 FAX 727 791 973' 1 -k ;." <3 rota M4 Rona% vr.«.�errrw...o. -►r aw KBWH REALESTATE CM 003 JAN 11 '01 05 :40PM M78841-- .�......_...._::.:�..s.... G.R. 4 0 3 0 PLGE J 1 79 Made Ilds �j 7" day a/ August ..�1. D.19 �tlt6�q 1 �/-/�'' ,..rw../ /r..J,,,.�yy,�.. Pr W. b.w; ww•/w.w,.w �..tr .Y,y„e(_ w w ...I..Y.: w w V w r4r d.Y:v/••/. �r , Ptttlpl'tt GLASS HOUSE OF CL£ARMTER, INC., tion ex6aiin under the laws of the State of Florida havan, stn principal place of baatnus in the County of Pinellas era aI State of Florida party of the first part, and AL -NAYEM INT'L INCORPORATED, a Florida corporation, whose mailing address is 229 Gulf View Boulevard, Clearwater Beach, FL 3351' of the County of Pinellas and State of Florida party of the second part, t pggpf that the said parG>t ties trit t ffor a,�L Frr�� ��oo- ---- atiosr of Nee tuns o TEN bOLLARS AND HE ALUA LF. ONSaTDF.gftb------ ?ToTI"ar7, to it in hand paid by the said party of the second part, the receipt whereof is hereby aeknowled ,ged, has grranted, bargained and sold to the said party of the second part forever, the /bllowand described lanai, situate, lying and beinjf in the County of Pinellas , State of Florida, to wit: South 20 feet of Lot 56, all of�Lo.t 57, South 20 ft-et of Lot 10:f, all of Lot 104'and' Lot _1145 of LLOYD- WHITE- <� ^ SKINNER SUBDIVISION, according,Eo the plat thereof as recorded in Plat hook 13, page 12.:Public Records of .a Pinellas County, Florida. W 'm a u Lot 106 sand the Northerly 1/2 of Lot 107 of LLOYD- 1QTiITF.- G z � -( SKINNER SUBDIVISION, according to Plat thereof as recorded a H m° in Plat Book 13, Page 12, Public Records of Pinellas County, W e u Florida n X40 D ON prVFRSC SIDE) F 0( it !CONTINUE Z hj r W And the said• party 4f the first part dote herrby fully urarnant the title to said land, a and will defend the aa»u against the lawjlal claims of all persons whomsoever. 5 ; 4tt Witurnn 'M,1jerrnf, the Rohl party of the lirst part has a caused those presents..to be sign erl (n its name by its President, and.its corporate seal to be apixed. attested by its 3 Y S the day and year above written. O Q F-- O. a 2 •♦ w o= (C E° GLASS nousE OF CLE RI1 TER, 3601) °�� '�✓ AUL VOULGARIS, sssstgecretary DONG HOOK CHOE, Preident. �31>3n 5 11>urrb to �irreerner: ' �l a txte of Moriba Oct 19 4 21 POT'! i La7o9Ian 72 Doo � .7.009 7� hl 3.307.80 idcmttg of Pinellas / -•• That on this Ar dayof August .4.4 .4.4 .0e 5 cc 3 3irrrbg O rttfy. and before me personally aippeared BONG T {OON present and Asst Secretary PAUL VveILGARIS rn nrafian respeettvely of GLASS. HOUSE OF CAR�4ATER, INC. _ a to me known t wo be the under the laws of the State of Florida . persons described in and who exeeuled the forefoine conveyance to 'aL=NAYEH INT'L INCORPORATED i' and severally ael-nowledied the -execution thereof to be their free act and deed as such o�lcera, for the uses and purposes : therein mentioned: and that theer afjUed thereto the of AcW seal of said cbrpofAGion, and the said instrument is the act and deed of said corporation. ;.• ��t'C C ty of Clearwater lltt:ues my signature art . •. i `an S j Florida, the day and in the County of Peel• Jl : �pTl�r'. n year last aforesaid. ':`: N •" w� �- .A .', • �' •T.v�. ' FU i ,Rrru, euut t1A11 Of raid► �' ..:•'�~ •'y!I ' strCOW +�sstarrsvlus�:'tls•i+0A1��'• c �zsv.rr w see. u+Mr<�f+OSOS... Al • . '.:.r . WW At '011 01/11..18:46 FAX 727 791 977 KBWH P ALESTATE Q004 JAN 11 `01 05: 40PM O.A. 4 D 3 0 PILE L' U9 Lot 1, Block A of COLUMBIA Sul (VISION' rA4- to Plat thereof as recorded in Plat; BqqY ..21, page 79, PuLlic Records of Pinellas County, Florida.; • ft Subject to easements and restrictions of record. Tnis conveyance is . subject to . that certain mortgage in favor of BANK OF CLEARWATER, recorded 6/8/71 in O.R. 3557, page I85, public records of Pinellas County, Florida, with a principal balance of $53,492.79, which the Grantee herein specifically assumes and agrees to pay. This conveyance is subject•to.that certain mortgage in favor of JAMES A. 140VOTt JY and MILES J-- NOVOTNY, recorded 5/25/65 :n r).R. 2167, Ipage 114; assigned 11/15/ 1 77 in O.R. 4622, page 1460, public records of Pinellas County, Floirda, with a principal balance of $187.095.31, which the Grantee herein specifically assumes and agrees to pay. P1--7 :►1 19 4 A. Z 01 OCT T9'79 .Y.- 0 U. Ell; al i X" F UCT 0 V. a 0 U -9 00. v T 6 t. z P1--7 :►1 19 4 A. Z 01 o � Clearwater Seashell Resort Site Plan Application January 25. 2001 Materials for Community Development Board Contents of packet 1. Application form 2. Owners affidavits 3. Deeds 4. Flexibility Criteria Compliance 5. Traffic impact assessment 6. Reduced size site plan (8.5 x 11) 7. Building schematic plan set 8. Landscape plan (11 x 17) 9. Site plan G:\PLANNfNG\CHRISP\1502-SEA\SEA-CONT.WPD D n JpN 2 6 200 FILE COPY CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Comprehensive Infill Redevelopment Compliance with Criteria Existing Site Conditions M � The properties are developed with The Glass House Motel at 229 South Gulfview Boulevard, The Beach Place Motel at 301 South Gulfview Boulevard, and a single family house and out buildings at 300 Coronado Drive abutting the Beach Place Motel and operated under a common ownership. The proposed project assembles these parcels into a single development site, which incorporates the vacated Third Street right -of -way. Under the terms of the proposed development agreement, Gulfview Boulevard is proposed to be rebuilt to the west; this parcel seeks rights to use the eastern 1/2 of the vacated Gulfview Boulevard right -of- way. Surrounding land uses are: Gulfview Boulevard to the west, a single family unit and the Spyglass Motel to the north, Legends Steakhouse to the south and Coronado Drive to the east. Across Gulfview Boulevard, there is a public parking lot abutting the Gulf of Mexico. The existing buildings consist of two motels which contain 66 hotel units. The existing properties contain several structures, all of which were built between 1941 and 1956. Most of the value in these properties is in the land. The present assessed value of the properties is $2,690,500. Land values are $1,910,000. The value of the existing structures is $780,500. The value of the new structure will be approximately $65,000,000. Redevelopment is proposed for these obsolete structures. The proposed use is a 250 -unit full service hotel with banquet, restaurant and retail and an 800 -space parking garage which will serve both hotel users and the general public. In order to accomplish the proposed development, the applicants propose to implement the Gulf Walk improvement outlined in Beach by Desiun. This improvement will extend for approximately 1,000 feet, beginning at the exit to the existing Pier 60 parking lot and extending southward. The Gulf Walk will provide landscaping, pedestrian and bicycle routes and a limited amount of surface public parking, as well as a relocated travelway for vehicles. This travelway will be built in a curvilinear design and will include "traffic calming" features. Public parking will be replaced in the parking garage to be built as part of the hotel. The public will access the beach by a pedestrian overpass. G:\ADNHN\2001\PROJECTS\1502-002.000\REPORTSNSEA-IN.CP CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2 -803 C Comprehensive Infill Redevelopment Projects Compliance with Criteria The following responses provide justification for this Comprehensive Infill Redevelopment Project, consistent with the City of Clearwater Land Development Code. 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards. The proposed Seashell Resort will maintain the character of Clearwater Beach as a tourist destination and does not deviate from the permitted uses in the Tourist zoning district. As presented in Beach by Design, redevelopment of existing developed properties in Clearwater Beach is not economically feasible at the prevailing density of 40 units per acre. Beach by Design states that, "In order to justify the cost of demolishing income producing improvements (no matter how modest), new resort development would require a significant increase in density above 40 hotel units per acre ". Standards for land intensity and development standards do not recognize the economics of redevelopment and the need to establish an appropriate scale of operations to support a full- service hotel with retail, banquet, restaurant and entertainment uses. The levels of amenities offered at this facility will reflect back to the luxury hotels which were built in Florida's golden age of tourist development. The principal difference between this property and older "grand hotels" is that the Seashell Resort will provide the room sizes, automobile accommodations and construction standards which will be consistent with present day development. It is not possible to provide this level of amenity, attraction and public benefit without deviation from the intensity standards contained in the Tourist zoning district. According to Beach by Design, "The economics of destination resorts are such that, except in very exotic locations they require a certain critical mass of rooms in order to support the high cost of quality improvements and amenities. Industry sources indicate that 200 to 250 rooms is a practical minimum for the number of rooms which are required to create a successful, highly- amenitized destination resort". 2. The development of the parcel proposed for development as a comprehensive infill redevelopment project will not reduce the fair market value of abutting properties. 2 G:\ADMIN\2001\ PROJECTS \1502- 002.000\REPORTS \SEA -IN.CP CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2 -803 C Comprehensive infill Redevelopment Projects Compliance with Criteria The value of property depends on the highest and best use, improvements on the site and the market factors of supply and demand. The value of abutting properties to the north and south will not be compromised, and will likely be enhanced, by development of the Seashell Resort. Patrons of all nearby development will have access to covered parking spaces in the on -site garage. In addition, a substantial public benefit will be created by the relocation of Gulfview Boulevard, the creation of a pedestrian promenade on the existing Gulfview Boulevard right -of -way, and the retention of surface parking in the vicinity of existing businesses. Lush landscaping will replace asphalt paving in the front of nearby businesses. Pedestrian access will be enhanced. Clearwater Beach will have a supply of 250 new hotel rooms, which will bring patrons to nearby restaurants and businesses. Existing motels will benefit from overflow patrons of conventions and meetings, and will also be able to offer covered parking in the public garage. The value of abutting properties is presently depressed by the current level of under- investment on the Seashell Resort site. According to property appraiser values, the land for the subject parcel is worth nearly twice the value of the improvements. The buildings on the site are about 50 years old. The new structure will add approximately $65,000,000 in building improvements. 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater. The uses on the site will be hotel (with accessory restaurant), meeting, lounge and retail use. The public parking space is an existing established use on Clearwater Beach. By relocating public parking into a covered garage, patrons will benefit from less heat build -up in parked vehicles, protection from salt and rain, and safe access to the beach via a pedestrian overpass which traverses the motor way, promenade and bike path. 4. The uses or mix of uses within the comprehensive infill redevelopment project are compatible with adjacent land uses. The uses on the site are highly compatible with the adjacent land uses. There is a G.\ADMIN\2001 \PROJECTS\ 1502- 002.000\REPORTS \SEA -IN.CP CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2 -803 C Comprehensive Infill Redevelopment Projects Compliance with Criteria restaurant located to the south of the proposed site. There is an existing tourist property located to the north of the proposed site. Presently the site is developed with hotel units in several obsolete structures. This property renewal will set a new standard of elegance for development on the southern beach front. S. Suitable sites for development or redevelopment of.the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater. The developers of the Seashell Resort are the early visionaries who are willing to enter a partnership with the City to create both public and private benefits on. Clearwater Beach. Other property owners may come forward with alternative development proposals. However, the Seashell Resort development has a unique location, in a strategic site within the area with redevelopment potential. Because it is located in the midst of the existing hotel district, it has potential spin -off benefits to other surrounding properties. It is located on the South Beach, which experiences the highest degree of visibility for beach -goers and the traveling public. Approval of the development agreement, which carries the commitment to rebuild Gulfview Boulevard, creates a significant public benefit which will provide an enhanced community recreation resource for decades to come. 6 The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. There will be a significant improvement to the function and appearance of both the public and private realm. According to Beach by Design, "A key element of Beach by Design is the transformation of South Gulfview into a local access street as a part of a great resort street/place ". The public beach front will be transformed into a world -class beach experience. The developers will dedicate an additional 10 feet along the rear (Coronado Drive) property line to facilitate improvements for vehicles and pedestrians. With the creation of a beach front promenade, nearby businesses will be able to establish a pleasing interface with pedestrians, and to install outdoor dining, music and art. 4 G:\ADMIN\2001\PROJECTS \1502- 002.000\REPORTS \SEA -IN.CP CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2 -803 C Comprehensive Infill Redevelopment Projects Compliance with Criteria Landscaping proposed for the Gulfview relocation project is extensive. Over 50 specimen Majool Date Palms are proposed, along with 250 Sabal Palms. Paver tile or brick will be used for promenades, to replace the existing cracked concrete surfaces. 7. The design of the proposed comprehensive Infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the proposed for development and the City of Clearwater as a whole. The design of the proposed Seashell Resort and surrounding property improvements will create a form and function which enhances and redefines the community character of the immediate vicinity. The design of the hotel and parking structure features massing which steps back as elevation increases, creating elegant spires along the skyline. The second level is proposed to feature an arched pedestrian bridge from the parking structure to the beach. This will create a feature which will be recognized by motorists as well as pedestrians, and will provide a functional landmark for visitors and guests. By integrating the public parking within the hotel structure, the community will gain a covered parking area which is compact and functional. At the same time, one of the objections to a parking garage — namely, that it will be a visual intrusion — will be overcome. The front elevation of the parking levels will contain guest rooms with balconies which overlook the Gulf of Mexico. The fagade will appear as a full hotel floor. Parking will be "camouflaged" behind the building elevation, and will be hidden from beach goers. The design of public improvements is extensively specified in Beach by Design. A great deal of expertise and public input has gone into the development of this design. It represents a detailed analysis of use, existing conditions and community needs. 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Flexibility in regard to setbacks and height is required to make this project G:\ADM@1\2001 \PROJECTS \1502- 002.000\REPORTS \SEA -IN.CP CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2 -803 C Comprehensive Infill Redevelopment Projects Compliance with Criteria possible. The creation of the public parking benefit could not be accomplished without the six levels of internal parking. This in turn necessitates a relaxation of height standards. In addition, the design of the structure, with massing reduced as height increases, makes the increased building height a memorable asset of the design and creates pleasing proportions. By contrast, the appearance of buildings such as 440 West, which maintain the same proportions for their entire elevation, create a feeling of heaviness and have a roof line which is does not contribute to the cityscape. The proposed project needs relief from side setbacks due to the scale of the development, the need to provide for on -site building circulation, and the dedication of 10 feet of right of way along the rear property line. The promenade elevation, which will be improved by the developer for property for a distance of approximately 1,000 feet, will serve as a landscaped gateway to the community's businesses. In addition, this promenade area will function as a front setback with pedestrian amenities, such as a covered walkway, pavers, landscaping and a sidewalk cafe. 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on- street parking in the immediate vicinity of the parcel proposed for development. A combination of uses is proposed to serve the needs of tourists and day visitors. The hotel will include a multi -use parking garage with parking which exceeds the required hotel spaces by over 200 %. The provision of adequate off - street parking is a hallmark feature of this development, and will create a significant community benefit. The amount of parking on -site will exceed the needs of the uses within the hotel. The shared parking formula documented in Division 14 of Article 3 provides a formula to be applied when multiple users within the same development share parking, with different users entering at different hours of the day. Although this formula is not strictly applicable to a hotel with adequate guest spaces as well as a significant number of public parking spaces, some of the parking occupancy characteristics are relevant for consideration in approval of the Seashell Resort. Beach users will largely be daytime patrons, while restaurant patrons will G:\ADMIN12001 TROJECTS\ 1502- 002.00MEPORMSEA -IN.CP CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2 -803 C Comprehensive Infill Redevelopment Projects Compliance with Criteria principally be evening users. Entertainment uses will encompass both the recreational beach -goer and the evening bar and dining patrons. There is expected to be little conflict between the family going to the beach during the day and evening users who want to come for a sunset walk, a beverage and dinner on the beach. 10. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. The design of the proposed Seashell Resort complies with the following design guidelines outlined in Beach by Design: II. B. Height (2) portions of any structure which exceeds one hundred feet (100) are spaced at least one hundred fifty feet (150) apart. The Seashell Resort will have two towers exceeding 100 feet in height. The bases of these towers are separated by 110 feet. (3)(a) between forty-two feet (42) and one hundred fifty feet (150) the floorplate will be no greater than 25, 000 square feet: This design constraint cannot be accommodated in the subject parcel due to the establishment of parking on levels 2 through 7 of the structure. Between one hundred feet (100) and one hundred fifty feet (150) the floorplate will be no greater than 10, 000 square feet. The proposed height will have varying floor plates above the seventh level. The floor plate which will occur on levels 11 through 14 will have a floor area of approximately 9,000 square feet. II. C. Design, Scale and Mass of Buildings 7 G:\ADMIN\2001\PROJECTS \1502 -002.000\REPORTS \SEA -IN.CP I CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2 -803 C Comprehensive Infill Redevelopment Projects Compliance with Criteria (1) Buildings with a footprint ofgreater than 5,000 square feet or a single dimension of greater than one hundred (100) square feet will be constructed so that no more than two (2) of the three (3) building dimensions in the vertical or horizontal planes are equal in length. For this purpose, equal in length means that the two lengths vary by less than forty percent (40%) of the shorter of the two (2) lengths. The horizontal plane measurements relate to the footprint of the building. The front elevation of the Seashell Resort has a base level facade of approximately 280 feet by 88 feet and meets this design criterion. Above -the 88 -foot level, the facade is broken into two towers located approximately 109 feet apart. A typical base elevation is established for levels one through seven which features guest rooms on levels three through seven. On the Coronado elevation, the towers are not separated until the 11th floor level is reached. Above the seventh (garage) level, the building mass is set back from the building edge and landscaping is instituted. (2) No plane of a building may continue uninterrupted for greater than one hundred linear feet (100). For the purpose of this standard, interrupted means an offset of greater than five feet (5). Offsets are provided on the Gulfview Boulevard and Coronado Drive elevations to exceed this standard. (3) At least sixty percent (60%) of any elevation will be covered with windows or architectural decoration. For the purpose of this standard, an elevation is that portion of a building that is visible from a particular point outside the parcel proposed for development. The proposed design will comply with this requirement in the following manner: the Gulfview Boulevard elevation will consist G:\ADMMUOO1\PROJECTS \1502- 002.000\REPORTS \SEA -IN.CP CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2 -803 C Comprehensive Infill Redevelopment Projects Compliance with Criteria entirely of common areas or guest rooms with balconies. The Coronado Drive elevation will consist of openings to the parking garage on levels two through seven which will have an architectural treatment. On the north and south property elevations, there will be large windows in guest rooms above the seventh floor. (4) No more than sixty percent (60016) of the theoretical maximum , building envelope located above one story will be occupied by a building. For the purpose of this standard, theoretical maximum building volume is the maximum permitted building volume that could be theoretically occupied by a building and occupied by a building includes any portion of the maximum possible building envelope that is not visible from a public street. This standard can realistically be applied only to levels above the parking deck. For those levels, the maximum calculated floor area ratio (per floor) is 42 %. Therefore, it appears that the hotel portion of the building will comply with this standard, (5) The height and mass of buildings will be correlated to (1) the dimensional aspects of the parcel proposed for development and (2) adjacent public spaces such as streets and parks. The height and mass of the Seashell Resort have been designed to respond to the proportions of the site. The resort will be an integral part of the adjacent public spaces, through establishment of the promenade abutting the building and construction of an elevated pedestrian walkway to connect the hotel garage to. the beach. (6) Buildings may be designed for a vertical or horizontal mix of permitted uses. The Seashell Resort will provide a variety of uses for both hotel guests and the general public. 9 G:\ADMIN\2001\PROJECTS \1502- 002.000\REPORTS \SEA -IN.CP CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2 -803 C Comprehensive Infill Redevelopment Projects Compliance with Criteria D. Setbacks and Stepbacks Right -of -ways The area between the building and the right -of -way (edge of pavement as existing and planned) should be sufficiently wide to create a pedestrian friendly environment. The distances from structures to the edge of the right -of -way should be: (1) fifteen feet (15) along arterials; and (2) twelve feet (12) along local streets Setbacks from rights -of -way for Seashell Resort will be integrated with plans for the abutting streets. Where Gulfview Boulevard is proposed to be relocated, the building will adjoin the pedestrian promenade.. Along Coronado Drive, an additional 10' of right -of- way will be deeded to the City. The applicant will reset the sidewalk as part of the building construction in an appropriate location to provide an attractive environment and a functional drop -off area for arriving guests. The minimum sidewalk width will be 10'. 3. Stepbacks For buildings over three stories (42 feet) in height, portions above 42 feet should be set back at least one foot for every two feet of additional height.... Architectural details that create a "human scale " may be substituted for side and rear stepbacks. Stepbacks in facade elevations begin above the parking levels. These stepbacks, along with architectural details, comply with this design guideline. E. Lot Coverage and Open Space At least twenty -five percent (25%) of each parcel proposed for 10 GAADMIN\2001\PROJECTS \1502- 002.000\REPORTS \SEA -IN.CP CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2 -803 C Comprehensive Infill Redevelopment Projects Compliance with Criteria development should be maintained as open landscape or qualifying hardscape. Open landscape or qualifying hardscape means "landscaped areas, plazas and other areas covered with pavers or other decorative treatments, but does not include off-street parking areas or roadways. The Seashell Resort will have a pool deck plaza of approximately 21,000 square feet. This is 28% of the site area. Hardscape areas at the ground level will provide for an attractive and functional interface with surrounding properties. F. Street -Level Facades (1) at least sixty percent (6001o) of the street level facades of buildings used for nonresidential purposes which abut a public street will be transparent. Street level facades at the Seashell Resort are designed to exceed this standard with windows along the extent of both Gulfview Boulevard and Coronado Drive elevations. (3) Building entrances should be aesthetically inviting and easily identified. Building entrances are proposed to have canopies, walkway coverings and other features to make an attractive addition to the streetscape. G. Parking Areas Entrances to parking areas should be clearly marked in order to avoid confusion. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of access or egress. The entrances to the Seashell Resort parking garage will be clearly marked. The parking garage is hidden from view on the rights of way in 11 GAADMM001TROJECTSU 502- 002.00MEPORMSEA -IN.CP CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2 -803 C Comprehensive Infill Redevelopment Projects Compliance with Criteria the following manner: Coronado Drive, architectural screening; Gulfview Boulevard, guest rooms located in front of parking area. H. Signage A complete signage program will be submitted for approval at a later date. I. Sidewalks Sidewalks along arterials and retail streets should be at least ten feet (10) in width. All sidewalks along arterials and retail streets will be landscaped with palm trees spaced to a maximum of thirty -five feet (35) on centers, with "clear grey" of not less than eight feet (8). - Portions of required sidewalks may be improved for non pedestrian purposes including outdoor dining and landscape material, provided that: movement of pedestrians is not obstructed; and non pedestrian improvements and uses are located on the street side of the sidewalk. Distinctive paving patterns should be used to separate permanent sidewalk cafe improvements from the pedestrian space on the sidewalk Sidewalk widths and landscaping along Coronado Drive are provided consistent with these guidelines. Along the Gulfview Boulevard elevation the pedestrian promenade which will be created by the relocation of the street will comply with these guidelines. The balance of these guidelines (J -M) address issues which will be determined later in the construction process (for example, materials and colors), or are not relevant to the proposed project (fountains). Allocation of resort units from the "pool" proposed to be created in Beach by Design is contingent on meeting 14 criteria. The proposed project meets all of these criteria; specifically: A minimum of 200 hotel rooms 12 G:\ADMIN\ 2001 \PROJECTS\1502- 002.000\REPORTS \SEA -IN.CP 01/18/01 "09:43 KING E�— TNEERING TAMPA � 7275624576 N0.519 CLEARWATER BEACH SEASHELL RESORT City of Clearwater sand Development Code, Section 2-803 C Comprehensive Infill Redevelopment Projects Compliance with Criteria 2. A full range of amenities I Access to hotel rooms through lobbies and corridors 4. A national marketing affiliation 5. Trip generation management enforceable by covenant, (airport and resort shuttle service) 6. Mandatory hurricane evacuation when warnings are posted 7. Maximum of 10% of rooms to have kitchen facilities 8. Exceptional architectural design 9. Frontage on Gulf of Mexico 10. Minimum size of 1 acre 11. Property currently has obsolete structures 12. Development density to be increased by transfer, height restricted to 150 feet 13. Create demonstrable benefits to the City 14• Participation in Clearwater Beach assessment program (when established), 13 IWADMN200 I TROJEcxs» 502- 002.000utepoU&SEA -IN.cP 914 Flexibility Criteria Compliance Clearwater Seashell Resort LC General Standards A. Conditions to insure that: 0 Il JAN 12 2001 u OA 0 1-01 -6' Q 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. The proposed development is the beginning of a planned renewal of Clearwater Beach. Beach by Design establishes new directions in pedestrian circulation, landscaping, traffic movement, land use and recreation amenities. The Seashell Resort is the vital first implementation step in this redevelopment process. Among the directions of Beach by Design is the creation of a new prototype for development on the barrier island. The character of the existing development in this vicinity of Clearwater Beach is anticipated to be changed and upgraded by these improvements. Increased harmony with pedestrian usage, increased landscaping and improved amenities for beach users will be the result. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The proposed development will encourage the appropriate development and use of adjacent land and buildings. The surplus public parking which is available in the 833 -space internal garage will be available for patrons of surrounding businesses and for recreation use. The redesigned beach promenade will improve the street frontage and make retail opportunities more attractive. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. All properties will retain access to the beach promenade and to the enhanced auto and pedestrian zone. Emergency vehicles and public services will continue to be provided. 4. The proposed development is designed to minimize traffic congestion. Traffic congestion is examined in great detail in Beach by Design. The proposed development implements that plan and encourages non - vehicular circulation. Essentially the same amount of traffic capacity is retained under the new plan. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. .. s The proposed development establishes an improved community character and renews the major beach tourist area which has not had significant investment in over 30 years. This project is supportive of county -wide efforts to renew our tourist facilities and resorts.. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The design of the development will not have a negative effect on adjacent properties. All refuse, parking and other potentially adverse elements are screened within the structural envelope. Flexibility Criteria, Tourist Zoning District K. Overnight Accommodations 2. Height: The increased height results in an improved site plan and/or improved design and appearance. The increased height will enable the establishment of a distinctive profile on Clearwater Beach. The increased height is mitigated by a reduction in building mass as the height increases, which creates a graceful appearance and an elegance in design. Views afforded from the upper level rooms will be a high quality addition to the community's inventory of tourist accommodations. 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life. Street life will be facilitated by pedestrian activity at both the Gulfview and Coronado street edges. Retail and restaurant opportunities will be offered at the street level. In addition, a second level pedestrian zone is created along the gulf side of the hotel which will allow for additional shops or restaurants. Cafe seating will be offered along the Gulf side promenade. b. The reduction in front setback results in an improved site plan or improved design and appearance. The reduction in setbacks provides an opportunity to create a sophisticated resort image at the street level. Canopies will be provided over the gulf side and Coronado street entrances. A motor court entrance will be provided internal to the site. C. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles. The reduction in setbacks does not prevent access to the rear of any building by emergency vehicles to a greater extent than does the existing development. d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance. The reduction in side and rear setbacks enables the entire site to be used for hotel and parking purposes. Public parking will encompass approximately 70% (583 of 833 spaces) of the internal garage. Parking, circulation and access are greatly enhanced by the reduction in setbacks. e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. Landscaping for this unique project will be accommodated in three components. Implementation of the Beach by Design plan will be accomplished from the northern boundary of the Pier 60 parking lot to a terminus south of this site. This landscape and circulation program calls for establishment of an entirely new accessway and landscape environment in an area which is presently devoted to an asphalt parking lot. Extensive use of specimen and landscape trees will be accomplished in this area This program will include a pedestrian overpass to the beach. The second landscape component is the area immediately adjacent to the building facades. On the gulf side, a promenade will be established in the right -of -way of the existing Gulfview Boulevard. This promenade will incorporate pavers, street trees, lighting and other amenities to integrate activity with the building facade and enhance the pedestrian experience. Adjacent to the Coronado Drive entrance, street trees will be provided consistent with recommendations of Beach by Design. The third landscape component will occur on the pool deck. This will provide internal landscaping for hotel guests and building users. The pool deck will have inset tree wells and landscape planters. TRAFFIC IMPACT ASSESSMENT FOR CLEARWATER SEASHELL RESORT LC PINELLAS COUNTY, FLORIDA Prepared For: Clearwater Seashell Resort LC Prepared By: January 2001 Project # 1502- 002 -000 F-) �L61,01 �L61,01 TABLE OF CONTENTS I. INTRODUCTION II. EXISTING CONDITIONS A. Roadway and Traffic Characteristics B. Traffic Volumes C. Capacity Analysis, III. FUTURE CONDITIONS A. Traffic Generation B. Trip Distribution and Traffic Assignment C. Capacity Assessment IV. CONCLUSIONS LIST OF TABLES Table 1. Trip Generation Analysis Table 2. Two -way Link Level of Service LIST OF FIGURES Figure 1. Project Location Map Figure 2. Future Traffic (2002) APPENDICES Appendix A FDOT Generalized Level of Service Tables Appendix B Art-Tab and HCS software anaylsis worksheets Page 1 1 1 3 3 3 5 5 8 5 7 2 6 I. INTRODUCTION King Engineering Associates, Inc., has prepared an assessment of the existing and future traffic circulation patterns for the proposed Clearwater Seashell Resort LC. The proposed project will consist of 250 hotel rooms and an 833 space parking garage located on Clearwater Beach adjacent to Coronado Drive and Gulfview Boulevard. The project location can be found in Figure 1. The purpose of this traffic impact analysis is to describe the impact that the proposed development will have on the surrounding roadway network, and intersections affected by project traffic. II. EXISTING CONDITIONS A. Roadway and Traffic Characteristics There are currently 66 hotel units located within the site of the proposed project. The two'existing streets that will provide ingress and egress to the proposed developments are Coronado Drive and Gulfview Boulevard. Coronado Drive is a two -lane collector roadway that traverses in a north/south direction from Gulfview Boulevard to Hamden Drive. Gulfview Blvd. is also a two -lane collector running in a general north/south direction along the western side of the island. The two streets run parallel to each other in the immediate vicinity of the project. Gulfview Boulevard is proposed to be rebuilt as a scenic drive with pedestrian amenities as part of this project. This redevelopment will include the relocation of existing beach front parking directly in front of the project. Public parking needs that will be affected by this development have been included in the new development plan. B. Traffic Volumes Annual average daily traffic (AADT), volumes for Coronado Drive and Gulfview Blvd. were provided by the Traffic Operations Division of the City of Clearwater as 11,236 and 14,410 respectively. The volume for Coronado Drive was for the year 1998, and was grown at a rate of 2% per year to calculate present day level of service. Peak hour totals were calculated by applying the Florida Department of Transportation (FDOT) "K factor" of 0.091 to the AADT. Coronado drive CABOB\PINELLAS \SEASHEL.RES lue 1 N cARLOUEt �`• :ce x DUNE 'YACHT 6: a ,```• \\ _ . 'M one Pt SEN CLUB /� CEN i Moonshine Island' ` Ilk ''off• ` ,, 1. .. .;. < K T s OUNEbWGRYLlMRS V SaT. 736 SLAND i00 LAND Y ARBOASIQE: z° Sit% rr DIAMO D ISLE : s �E �E. �, VENEtIAI ISLAND �fk RWIFTERNao C� -O° o EATIli PL - p . ISIA I : I?, P Isc>,N r= ° . 1335 ISLAND. WAY ` _... P A D 1ISIJIN941EW ' �R ` P E..- .'2.81pffNNIBOUR... $ STARBOARD TtlWEtl, H N s- EBFPPpINT S : - CLIPPER COVE � -:..: k ISLE OF s I ri 3 CUF[EH COME ,..�n,Et BINSON-'.� _ y0 CLEARWATEfL 3 z 4 BAY ISLAND CHAttEtr scHOOr M R 4 DOLPHIN�°�� tii° • 4 S ND .' x COVE:.. HEAITAG. H 9 :aAwAftDCL�PJ IN PO : B cH $GIN E o s • rstA B1. ILLAGE , •,.. °\ ES TE r� N .. . ` G� U ® T a bin/ RI � A sEw aL D . ,. _..,. cu 1 IN R s PAUv z IAL �R eo cl ccENTER iNA & uVARV:, a I Q EIN /NOtE ®.° a L•tfapWi+ BEACH 3 �i LrBASIa- CE S CHAMBER O MERCE �, 1w v I O- CLEA WA \ AO UM Z •S 1A SO ST >. NI 0. :R B BEACH P E a ;:...: `\�, NABOB BLU • G 1 I4 Glii WA U S 4>IOY� STJ••� T W S - - G R A o m _SEA LL BEACH ....: -.:..� � '.; ; A a FERRY 7 .. i8V=l VlAlAV SEASHELL RESORT HOTEL LOCATION MAP FIGURE 1 IF ENGINUMMINC ASSOCIATES, INC- 4921 MEMORIAL HIGHWAY ONE MEMORIAL. CENTER, SURE a � _ PHONE 813:880:a881 FAX 813 880 8882 i <a ; N cARLOUEt �`• :ce x DUNE 'YACHT 6: a ,```• \\ _ . 'M one Pt SEN CLUB /� CEN i Moonshine Island' ` Ilk ''off• ` ,, 1. .. .;. < K T s OUNEbWGRYLlMRS V SaT. 736 SLAND i00 LAND Y ARBOASIQE: z° Sit% rr DIAMO D ISLE : s �E �E. �, VENEtIAI ISLAND �fk RWIFTERNao C� -O° o EATIli PL - p . ISIA I : I?, P Isc>,N r= ° . 1335 ISLAND. WAY ` _... P A D 1ISIJIN941EW ' �R ` P E..- .'2.81pffNNIBOUR... $ STARBOARD TtlWEtl, H N s- EBFPPpINT S : - CLIPPER COVE � -:..: k ISLE OF s I ri 3 CUF[EH COME ,..�n,Et BINSON-'.� _ y0 CLEARWATEfL 3 z 4 BAY ISLAND CHAttEtr scHOOr M R 4 DOLPHIN�°�� tii° • 4 S ND .' x COVE:.. HEAITAG. H 9 :aAwAftDCL�PJ IN PO : B cH $GIN E o s • rstA B1. ILLAGE , •,.. °\ ES TE r� N .. . ` G� U ® T a bin/ RI � A sEw aL D . ,. _..,. cu 1 IN R s PAUv z IAL �R eo cl ccENTER iNA & uVARV:, a I Q EIN /NOtE ®.° a L•tfapWi+ BEACH 3 �i LrBASIa- CE S CHAMBER O MERCE �, 1w v I O- CLEA WA \ AO UM Z •S 1A SO ST >. NI 0. :R B BEACH P E a ;:...: `\�, NABOB BLU • G 1 I4 Glii WA U S 4>IOY� STJ••� T W S - - G R A o m _SEA LL BEACH ....: -.:..� � '.; ; A a FERRY 7 .. i8V=l VlAlAV SEASHELL RESORT HOTEL LOCATION MAP FIGURE 1 IF ENGINUMMINC ASSOCIATES, INC- 4921 MEMORIAL HIGHWAY ONE MEMORIAL. CENTER, SURE 300 TAMPA, FLORIDA 33634 PHONE 813:880:a881 FAX 813 880 8882 i has an existing peak hour volume of 1,064, while Gulfview Blvd. has a volume of 1,311 vehicles in the same period. C. Capacity Analysis According to the FDOT's 1998 Level of Service Handbook generalized tables, Coronado Drive is currently operating at Level of Service (LOS) "C and Gulfview Boulevard is currently operating at LOS "D". A "D" indicates an acceptable level of service. Copies of the generalized level of service tables are contained in Appendix A. III. FUTURE CONDITIONS This section of the report contains trip generation, trip distribution and traffic assignment information. A. Traffic Generation The proposed development will include the following: 250 Hotel Rooms - ITE LU Codes 330 833 Parking Spaces (garage) Trip generation for the proposed project was developed using the ITE Trip Generation Manual, 6th Edition. The Clearwater Seashell Resort is anticipated to exhibit characteristics of a resort hotel, (i.e., a tourist destination). It will contain meeting rooms, a ballroom, restaurants and retail services. The Institute Of Transportation Engineer Trip Generation Manual, 6th Edition describes a Resort Hotel (Land Use 330), as similar to hotels (land use 310), in that they provide sleeping accommodations, restaurants, cocktail lounges, retail shops and guest services. The primary difference is that resort hotels cater to the tourist and vacation business, often providing a variety of recreational facilities, rather than convention and meeting business. The Clearwater Seashell Resort anticipates providing business and convention services in addition to being a deluxe resort destination. Since ITE 6th Edition does not provide a daily rate for Resort Hotels, LU Code 310 (Hotel)was used to determine daily traffic. CABOBTINELLAS \SEASHELARES � 3 Due to the resort nature of this project, traffic will be spread -out throughout the day, and peaking characteristics will follow the adjacent street traffic. This means the A.M. peak hours will be between 7:00 and 9:00 A.M., and the P.M. peak period will be between 4:00 and 6:00 P.M. This results in a lower number of trips in the peak periods than would be displayed by a typical business hotel. As no ITE code exists for a parking garage, trip generation for the onsite parking facility was developed using local data provided by the City of Clearwater. For the month of July 2000, 31,255 vehicles were recorded as exiting the "Pier 60" parking facility near the study area. The facility has 218 available parking spaces and records their use through vehicle exit tolls. In order to convert this total into usable data, the 31,255 "exits" were broken down into a daily average totaling 1,008. Using the FDOT "K factor" this was then converted into a peak hour total of 92. Assuming 218 parking spaces, the total converts to 4.6 vehicle trips per space on a daily basis and 0.422 trips per space on an hourly basis. The City of Clearwater has observed that as the majority of these parking spaces are used by beach patrons, the peak hours of use do not conform to most other types of land use. The length of stay of each vehicle was estimated at 2 - 2.5 hours and most traffic leaves the existing parking lot between 2:00 and 3:30. This means the affect of beach parking traffic on peak hour volumes does not generally impact the (4:00 - 6:00) PM peak hour of the surrounding land uses. In order to remain conservative, this study assumes a "worst case scenario' and makes no adjustments for this difference in peak hours of use. Parking figures are calculated as impacting the most during the traditional PM peak between 4:00 and 6:00. In order to account for a natural growth rate in traffic along Coronado Drive and Gulfview Blvd., existing (year 2000) roadway totals were "grown" at a rate of 2% per year to achieve an accurate future level of background traffic. This growth had to consider, however, the removal of the 350 public parking spots from the beach front area (Pier 60). As they would no longer be generating traffic, they could no longer be considered in area background volumes. Using the generation rate supplied by the City of Clearwater and the number of spaces in the lot, a total of. 1,610 (daily) and 148 (peak hour) was subtracted from Coronado and Gulfview (50 -50 breakdown) background traffic. This resulted in a peak hour total of 1,030 and 1,287 for Coronado and Gulfview respectively. CABOMPMLLAMEASHEL.RES 4 Of the 833 parking spaces that will be built, 250 of them will be reserved for hotel guests at a rate of one per room. This lowers the number of public spaces "generating" traffic in the area to 583. When the generation rate obtained from the "Pier 60" facility is applied to these spaces, a daily total of 2,682 and a peak hour total of 246 is determined. Generation totals for the entire project are illustrated in Table 1. Table 1 TRIP GENERATION ANALYSIS TYPE OF USE NUMBER OF ROOMS /SPACES DAILY TRIPS GENERATED PM PEAK HOUR TRIPS GENERATED Hotel Rooms 250 1,868 75 Parking Spaces 583 2,682 246 Totals 4,550 321 B. Trip Distribution and Traffic Assignment To gain ingress and egress to the project, traffic is anticipated to be split between Coronado Drive and Gulfview Boulevard at a rate of 40 to 60 %. Access to each roadway will be through a driveway located on the south side of the site that accesses both Coronado and Gulfview. The existing intersection of Coronado Drive and 3rd Street will be closed on the northside of Coronado Drive, and form a T- intersection. There will be a hotel service driveway along the north side of the development but as this will experience minimal traffic, it has not been included in this study. Considering the current level of development and roadway usage surrounding the project, it was assumed that traffic along both Coronado and Gulfview will be oriented 75% toward the north and 25% toward the south. The 321 PM peak hour vehicles generated by the project were distributed according to the percentage "ins and outs" provided in the ITE Trip Generation Manual for resort hotels. This resulted in a total of 183 (57 %) vehicles leaving the development during the PM peak and 138 (43 %) entering during the same period. Figure 2 provides a complete illustration of projected future traffic movements. CABOBTINELLAS \SEASHEL.RES wing 5 En c^ m = --i P n � C) n � O C) r N _ 9Z� m o mNZ m ,.z m� pow m w, 3 mm umx 0 WZG7 mm A�> D ' CD!! N <N N -� m 0 o D o m N -n 0 n C N m N GULFVIEW BOULEVARD (322) E -(965) 21-w f-62 -11 r9l- N 00 00 N V V O n i ,Ln a0 cn 13 -� L42 (258)-o-. x(772) CORONADO DRIVE cn M m v I rn D � X nC) O O G7 rn z c � v z v n c� r Z y C. Capacity Assessment The redevelopment of this section of Clearwater Beach into a luxury resort and public parking structure is not expected to cause degradation to the existing level of service along either Coronado, Gulfview or the surrounding roadway system. The peak hour level of service for both study area streets was determined through the addition of background traffic and project traffic. Using the MOT Generalized Level of Service Tables, Coronado Drive maintains a LOS "C ", while Gulfview Blvd. falls to an LOS "E ". Additional capacity analysis was prepared for Gulfview Blvd. using the MOT 1998 LOS spreadsheet ART TAB. When Gulfview Blvd. was analyzed with the "Art-Tab 3.0 arterial level of service program, it was found to display an LOS "D ". With this, both routes remain within an acceptable level of service (LOS D) as shown in Table 2. The Highway Capacity Software (HCS) program, version 3.2 was used to determine the projected LOS of both project site driveway access points. Using the 2002 peak hour background volumes for Coronado Drive and Gulfview Blvd. as well as traffic generated by the project, turning movement volumes were determined according to the distributions pattern discussed above. Background traffic was assumed to not be entering /exiting either driveway and peak hour project traffic was distributed as is show in Figure 2. The results of the intersection capacity analysis revealed that the driveway accessing Gulfview will operate at a LOS "C" in year 2002 and the driveway accessing Coronado will operate at LOS "D ". These are within the acceptable level of service standards for these intersections. Table 2 Two -way Link Level of Service Segment Class Existing Volumes 2002 Traffic Volumes - Peak Hour Daily Hourly LOS Background Project Total LOS Coronado Dr. 1 11,690 1,064 C 1,030 128 1,158 C Gulfview 2 14,410 1 1,311 D 1,287 193 1 1,480 D ==J CABOBTINELLAS \SEASHELAES Sling 7 IV. CONCLUSIONS The proposed project, Clearwater Seashell Resort LC, will consist of 250 hotel rooms and an 833 space public parking structure. The redevelopment of this area of Clearwater Beach is not anticipated to cause a degradation to the existing roadways and intersections. CABOB\PMLLAS \SEASHEL.RES nb 8 APPENDIX A FDOT GENERALIZED LEVEL OF SERVICE TABLES 1995 Love/ of Semrice Handbcok , Table 5 -4 Florida Department of Transportavon STARE TWO -WAY ARTERIALS . tNet 11311V "M FLOW Laneal WNnubWxrb awaavars000ao and latdrgbarpftwia+nSwmofft Level of Service Level of Service Divided A B C D E 2 Undivided 8900 13,9 0 18,900 24.80 33.100 4 Divided 21,500 35,800 50,100 80,100 71,600 8 Divided 3Z200 53,700 75.200 90.200 107 400 HTERRUPIED R.0 N Class i (+000tst.iesilfA . imadYianaetanprniM) Lanes/ WNnubWxrb awaavars000ao and latdrgbarpftwia+nSwmofft ADJUSTMENTS Level of Service Lane* Divided X. B C D.-- E--- 2 Undivded N/A 10,800 151600 16,600 18,600 4 Divided N/A 23,500 33,200 35,000 35.000 6 Divided N/A 35,800 49,900 52.500 52.500 8 Divided N/A 45,300 61.400 64,400 64,400 Class Il . (Z.00to4s0dWWZ.dln1amaaa0r.prwia) Laned WNnubWxrb awaavars000ao and latdrgbarpftwia+nSwmofft ADJUSTMENTS Level of Sery ice Lane* Divided Al'* B" C D E 2Undivided N/A NiA 9,900 14,900 16,200 4 Divided N/A /A 22,900 32,500 34,300 8 Divided =NIANIA /A 35,500 48,900 51,700 8 Divided N/A /A 44,700 60.100 83.400 Class IU 4+pwman msimruadltwaaarcn punch rM nawnNnplmayea)r canatl[arrrrs tietduowxadaraaavar500.0001 Laned WNnubWxrb awaavars000ao and latdrgbarpftwia+nSwmofft ADJUSTMENTS Level of Sery ice Lane* Divided A'- B" C D E 2 Undivided N/A NiA 3.300 12,100 15,800 401vided N/A N/A 7.800 27,800 33.600 8 Divided N/A N/A 12.100 43.300 50.500 8Divided N/A N/A 15.300 54,200 62,100 Class IV =�a� +a W�1 � Iandwimmp+moYcIV tai Laned' WNnubWxrb awaavars000ao and latdrgbarpftwia+nSwmofft ADJUSTMENTS Leval of Service Lane* Divided A'- e-- C D E 2 Undivided B NiA 3,700 13,800. 15,300 4 Divided =N/A N/A 8,900 29,900 32,600 6 Divi�d 52,700 N/A 14,000 45,500 49,000 8 Divided 71,600 N/A 17.500 56,200 60,100 The Florida Department of Transportation Source: Systems Planning Office 605 Suwannee Street - Mad Station 19 Tallahassee, Florida 323994950 http:/ /WwKdot.StailLi Lus/plannng FREEWAYS Group WNnubWxrb awaavars000ao and latdrgbarpftwia+nSwmofft ADJUSTMENTS erimw dtv canml EusYraaa dsuetl Lane* A B C Lev el of Service E Lanes A B C D E 4 21,200 34,300 51,500 M200 81,700 8 32,600 52,700 79,000 101,600 125,400 8 44,500 71,600 107,800 138,600 171,100 10 55,600 89,800 134,700 ., 173,200 213,800 12 65,200 105,400 15 100 200 250.900 Group 2 Amain uiNnInd ama and nat In Omm tt NON -STATE ROADWAYS MAJOR ChYrO N TY ROADWAYS ADJUSTMENTS Level of Service Lane* A B C D E 4 20,900 32,800 49,200 82,600 74,500 8 32,100 50,400 75,600 96,200 114,500 8 43,800 68,800 103,200 131,300 158,300 10 54,700 86,000 129,000 164,200 195,400 12 64,100 100,800 151,200 192,400 229.100 NON -STATE ROADWAYS MAJOR ChYrO N TY ROADWAYS OTHER StGNAUiED ROADWAYS (signalized intersection analysis) Lanes AP- B -- C D E 2Undivided N/A WA 4,800 10,900 11,900 4 Divided N/A WA 11,600 23,800 25,400 ADJUSTMENTS Level of Sery ice Lanes AI- B" C D E 2 Undivided N/A N/A 8,600 14,600 16,000 4 Divided NIA N/A 19,800 31,700 33,900 6 Divided N/A N/A 30,800 47,800 51,000 OTHER StGNAUiED ROADWAYS (signalized intersection analysis) Lanes AP- B -- C D E 2Undivided N/A WA 4,800 10,900 11,900 4 Divided N/A WA 11,600 23,800 25,400 'The table does not constitute a standard and should be used only for general planning applications. The computer models from which this table is derived should be used for more specific planning applications. The table and deriving computer models should not be used for corridor or intersection design, where more refined techniques exist. Values shown are annual average dally volumes (based on K100 factors, not peak- to-dally ratios) for levels of service, and are based on the 1997 Update to the Highway Capacity Manual and Florida traffic, roadway, and signadration data. The tables input value assumptions and level of service criteria appear on the following page. Cannot be achieved Volumes are comparable because intersection capacities have been reached September 1998 91 t�-. ADJUSTMENTS DrvoEDANDrviDED fdtercomprrdrq twovay volume Irdicaled peeing Left Turn Adjustment Lanes Median Bays Factors 2 Dtvkled Yes +6% 2 Undivided No -20% Mukl Undivided Yes -5% Multi Undivided No -25% ONE -WAY (ap 4W=PWWftrMMwr vdumalydcumpamenq One -Way Adjustment Lanes"' w l ..,.. Factors 2 4 -40% 3 6 -40% 4 8 -40% 5 8 •25% 'The table does not constitute a standard and should be used only for general planning applications. The computer models from which this table is derived should be used for more specific planning applications. The table and deriving computer models should not be used for corridor or intersection design, where more refined techniques exist. Values shown are annual average dally volumes (based on K100 factors, not peak- to-dally ratios) for levels of service, and are based on the 1997 Update to the Highway Capacity Manual and Florida traffic, roadway, and signadration data. The tables input value assumptions and level of service criteria appear on the following page. Cannot be achieved Volumes are comparable because intersection capacities have been reached September 1998 91 t�-. 1998 Level of Service ? tatidbook Florida Department or Transportation Table 5 -7 STATE TWO -WAY ARTERIALS UNINTERRUPTED ROW Lens/ (alter corresponding twoway volume indicated percent) Lev at of Service Left TUm Adjustment Divided A 8 C D E 2 Undivided 810 1,270 1,72Q 2,260 3,010 4 Divided 1,950 3,280 4,560 5,470 6,510 6 Divided 1 2,930 4,890 6,840 8,210 9,770 INTERRUPTED FLOW Class I KOOto1 .99 signalized lmemections per mlle) Lanes/ (alter corresponding twoway volume indicated percent) Level of Service Left TUm Adjustment Divided At'- )3 C D--- E--- 2 Undivided N/A 1,000 1,450 1,550 1,550 4 Divided N/A 2,190 3,080. 3,260 3,260 6 Divided EN//AA 3,330 4,640 4,890, 4,890 8 Divided N/A 4.210 5.71- 5,990 5,990 Class II (2,00 to 4.50 signalized intereections permtle) Lanes/ (alter corresponding twoway volume indicated percent) Level of Service Left TUm Adjustment Divided X. B" C D E 2 Undivided N/A N/A 920 1,390 1,500 4 Divided N/A N/A 2,130 3,020 3,190 6 Divided N/A N/A 3,300 4,550 4,810 8 Divided N/A N/A 4,160 5,590 5 900 C1838 III (mae Men 4.se siggnalized InIT:e ans permits etd not within Primary city ceNrel business cOStdct of utbanlzed area over500A001 Lanes/ (alter corresponding twoway volume indicated percent) Level of Service Left TUm Adjustment Divided A"- B" C D E 2 Undivided N/A N/A 310 1,110 1,450 4 Divided N/A N/A 720 2,560 3,090 6 Divided N/A N/A 1,120 3,980 4,650 8 Divided N/A N/A 1,410 4,990 5,710 C1833 N O�,ae then 4.50 hi allzed Intemec0aro permile and within primary city central buelnase deMCt N ud>anizad area over500A001 Lanes/ (alter corresponding twoway volume indicated percent) Level of Service Left TUm Adjustment Divided A -- B- C D E 2 Undivided N/A N/A 340 1,270 1,410 4 Divided N/A N/A 820 2,750 2,990 6 Divided N/A N/A 1,290 4,190 4,510 8 Divided N/A N/A 11810 5,170 5,530 The Florida Department of Transportation Source: Systems Planning Office 605 Suwannee Street - Mal Station 19 Tallahassee, Florida 32399-0450 FREEWAYS' Group 1 1 In ud>aNZed area over600,o00 and leading to or passing within 5 mlies of the Drimery eOV cemwl buattroaa datdotl Group 2 iaAOdn urtanized area and not In Greuo 11 (alter corresponding twoway volume indicated percent) Level of Service Left TUm Adjustment Lanes A B C D E 4 1,900 3,000 4,500 5,800 7,200 6 2,900 4,600 7,000 8,900 11,000 8 3,900 6,300 9,500 12,200 15,100 10 4,900 7,900 11,900 15,200 18,800 12 5,700 9,300 13,900 17,900 22,100 Group 2 iaAOdn urtanized area and not In Greuo 11 NON -STME ROADWAYS MAJOR qTY /COUNTY ROADWAYS Level of Service Lanes A-- B" C D E 2 Undivided 780 1,330 1, 4 Divided N/A N/A 1,810 2,880 3,080 6 Divided N/A WA 2,800 4,350 4,640 OTHER SIGNALIZED ROWWAYS (signalized intersection analysis) Lanes A-- B-- C D E 2 Undivided 430 990 1,09 4 Divided N/P NIA 1,06D 2,170 2,310 ADJUSTMENTS DIVIDEDA)NDIVIDED (alter corresponding twoway volume indicated percent) Level of Service Left TUm Adjustment Lanes A B C D E 4 1,900 3,000 4,500 51800 6,900 6 3,000 4,600 7,000 8,900 10,5011 8 4,000 6,300 9,500 12,100 14,400 10 5,000 7,900 11,900 15,100 18,000 12 5,900 9,300 1 900 17,700 21,100 NON -STME ROADWAYS MAJOR qTY /COUNTY ROADWAYS Level of Service Lanes A-- B" C D E 2 Undivided 780 1,330 1, 4 Divided N/A N/A 1,810 2,880 3,080 6 Divided N/A WA 2,800 4,350 4,640 OTHER SIGNALIZED ROWWAYS (signalized intersection analysis) Lanes A-- B-- C D E 2 Undivided 430 990 1,09 4 Divided N/P NIA 1,06D 2,170 2,310 ADJUSTMENTS DIVIDEDA)NDIVIDED fie table does not constitute a standard and should be used only for general planning applications. The computer models from which this table is derived should be used for more specific planning applications. The table and deriving computer models should not be used for corridor or intersection design, where more refined techniques exist. Values shown are two -way hourly maximum volumes for levels of service, and are based on the 1997 Update to the Highway Capacity Manuel and Florida traffic, roadway, and signalization data To convert to annual average daily traffic volumes, these volumes must be divided by an appropriate K100 factor (not peak- to-daily ratio). The table's input value assumptions and level of service criteria appear on the following page. Cannot be achieved. Volumes are comparable because intersection capacities have been reached. September 1998 (alter corresponding twoway volume indicated percent) Left TUm Adjustment Lanes Median Bays Factors 2 Divided Yes +55/6 2 Undivided No -20% Multi Undivided Yes -5% 11&1111 Undivided No .25% ONE -WAY (allercmteepondngwoway volumeindieatedpen:ent) One -Way Adjustment Lanes left ne av Lan Factors 2 4 .40 -/e 3 6 .40-/6 4 8 - 40°/6 fie table does not constitute a standard and should be used only for general planning applications. The computer models from which this table is derived should be used for more specific planning applications. The table and deriving computer models should not be used for corridor or intersection design, where more refined techniques exist. Values shown are two -way hourly maximum volumes for levels of service, and are based on the 1997 Update to the Highway Capacity Manuel and Florida traffic, roadway, and signalization data To convert to annual average daily traffic volumes, these volumes must be divided by an appropriate K100 factor (not peak- to-daily ratio). The table's input value assumptions and level of service criteria appear on the following page. Cannot be achieved. Volumes are comparable because intersection capacities have been reached. September 1998 APPENDIX B ART -TAB AND HCS SOFTWARE ANALYSIS WORKSHEETS 6 HCS: Uns aalized Intersections Re1F e 3.2 TWO -WAY STOP CONTROL SUMMARY Intersection: Gulf View and Marriott D -way Analyst: King -2002 Project No.: 1502 - 002 -000 Date: 1/24/01 East /West Street: Driveway, North /South Street: Gulf View Intersection Orientation: NS Study period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street: Approach Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 322 21 62 965 Hourly Flow Rate, HFR 338 22 65 1015 Percent Heavy Vehicles -- -- 2 -- Median Type Undivided RT Channelized? Lanes 1 0 0 1 Configuration TR LT Upstream Signal? No, No Minor Street: Approach Westbound Eastbound Movement 7 8 9 I 10 11 12 L T R L T R Volume 28 82 Hourly Flow Rate, HFR 29 86 Percent Heavy Vehicles 2 2 Percent Grade (o) 0 Median Storage 1 Flared Approach: Exists? No Storage RT Channelized? Lanes 0 0 Configuration LR Delay, Queue Length, and Level Approach NB SB Westbound Movement 1 4 17 8 9 Lane Config LT LR of Service Eastbound 10 11 12 4 v (vph) 65 115 C (m) (vph) 1199 318 v/c 0.05 0.36 9511 queue length 0.03 1.63 Control Delay 8.2 22.6 LOS A C Approach Delay 22.6 Approach LOS C HCS: Unsignalized Intersections Release 3.2 HCS: Uns' -ialized Intersections Re1F -e 3.2 TWO -WAY STOP CONTROL SUMMARY Intersection: Coronado and Marriott D -way Analyst: King -2002 Project.No.: 1502- 002 -000 Date: , 1/24/01 East /West Street: Driveway [forth /South Street: Coronado Intersection Orientation: NS Study period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street: Approach Northbound Southbound Movement 1 2 3 ( 4 5 6 L T R L T R Volume 13 772 42 Hourly Flow Rate, HFR 13 271 812 44 Percent Heavy Vehicles 2 -- -- -- -- Median Type Undivided RT Channelized? Lanes 0 1 1 0 Configuration LT TR Upstream Signal? No No Minor Street: Approach Westbound Eastbound Movement 7 8 9 10 it 12 L T R I L T R Volume 55 18 Hourly Flow Rate, HFR 57 18 Percent Heavy Vehicles 2 2 Percent Grade ( %) 0 0 Median Storage 1 Flared Approach: Exists? No Storage RT Channelized? Lanes 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Config LT I I LR v (vph) 13. 75 C (m) (vph) 784 245 v/c 0.02 0.31 95% queue length 0.00 1.26 Control Delay 9.7 26.0 LOS A D Approach Delay 26.0 Approach LOS. D HCS: Unsignalized Intersections Release 3.2 s - DA- 0� of of f�L4ZA Gulfview Beach Walk Landscape Plan Clearwater Seashell Resort LC BASIC CONCEPT Quantity Item Description Unit 205,800 Demolition existing site features SF 1 Retrofit underground utilities LS 4,766 Asphalt pavement roadway /bikeway SY 3,885 Asphalt parking lots incl. Striping and wheel stops SY 3,600 Crosswalks, concrete pavers over concrete slab SY 10,000 6 -8" wide concrete curb, std LF 17,500 Plaza pavement, concrete pavers over concrete slab SF 37,350 Promenade pavement SF 500 Seating wall LF 1 Steps to beach LS 61 New pedestrian lighting (by FPC) EA 1 Signage (allowance) LS 45 Bollards, custom precast EA 52,600 Accents, shrubs and ground cover EA 52 Specimen Medjool date palms EA 48 Washingtonia palms clustered in key locations EA 36 Sabal palms at crosswalks EA 55 Ornamental trees EA 1,000 Clean fill CY 600 Mulch. Shredded cypress, 3" depth CY 13,200 Turf, St. Augustine "Floratam" SF 65,800 Irrigation (allowance) SF 1 Irrigation meters and connections LS OPTIONAL UPGRADES (BUDGET- DEPENDENT) 750 Berms /earthwork CY 52 Uplighting on specimen trees EA 2 Gateway features EA 2 Lighting on gateway features EA 1 Li L C FILE COPY fLl�OtOIoI Dko 1 .61,01 I y 4 NICHOLS BR05CN SANDOVAI II 7i �lu III ii ,I'll's h� '. � "i Ali ill iii I III I. III ^I' 1. � IIII I IIII i i. IIII, p'III I I I , � 4 fi:oill II w u�•I ono � I ��il i oIIIIIiIIIirI . rl ' I I II III''I lla Il 1911 nd lmi� ',. I' ' �b� 111111 RHO q 11111,1 1, S` 191 I I I I VIII I dull II q I I . li �. II JIIIII I IIII 1�I I � III I If l�ll'•gll� .. � �' � F i llr�l' l�, ' , :� !'.i — :, �I:' �. II�'� IIIiIIIIIIII��lll r I , IIII IIII' ph ul, r II "I 4 11! 1 ail III I IIII il'll��l VIII I I I � ` � �'!� _ _ I p • �* G �h 4(y I�Ij ��� IryI IryI ��yNrt�y r-- "���I y.nlf■i I I 1111111 � : � 12JhN Ol Y' G t - ��,r _•. �� r,:_., G. V �� SED SITE PLAN _ ' i �� ` Al G AN CG_ _ H V_/ MARRIOTT CLEARWATER BEACH AS IN m -49 MARRIOTT CLEARWATER BEACH M�Z la 11r], 19, T I - F Q•• f z -- v C i r Fo If MARRIOTT CLEARWATER BEACH EDZ AdA CEE�PWEflP, ��oPioq Su'el,Nnr I o s s e � I, JIk .2 ��At rihT PLFTE • •l 0 2;� • • o. • r , : I I i y'p g0C�5o0��i10 7CJ T CA& GAPP.GE PLATE i 153 Cp2S /t lAfE e • >sl -701 y � � . ■ , �• �6�708 . �; 9E55F tlnp SF :{5p¢ y55F I. IiIO` -F 9d55F I LOW Gu:f']f;f6 EIEi-J1r G':L.FSVfrE cJw3JRE I &, FSI:RE c-NLpwrm 3PL 7b2 303-7m $04764 1 305.705 T SC-706 ! 307.707 PARKING i GULF SUITeS LEVEL 300 THRU 700 �,rE u�^ ro• HOTEL POOL DECK LEVEL- 800 rNw*§ LLJ LU cc 77 m r- r- m m r, co 0 "C ooh \ IS IA (;HOUP, INC. • dA MAR R 1OT'Ti"CT"�LEARWATER BEAM Clearwater, Florlda ENWO --- .9% a pp sq �.w T—1 %1 ooh \ IS IA (;HOUP, INC. • dA MAR R 1OT'Ti"CT"�LEARWATER BEAM Clearwater, Florlda ENWO iPv a. y fit . . . . . . . . . . ... Gulfview Beach Walk Landscape Plan Clearwater Seashell Resort LC lQuantity itern Description 2C 5 E',,S G 1 I , !e spn&! c ha t 1 11 S a 1ODS SS''. ir j-o C, Ele Z a b SY L �.aza .-7s :'Je: slan SF i SF L E, LS =-A E., a A a, E&. EA C srrecc�-j _Yj,:�S �elczr C 2 TI--f. F czF a5 e6 SF a:-,c OPTIONAL UPGRADES {BUDGET - DEPENDENT) C --- El jn.gr s:,- EA FA (1) C =i m r, ."n m 7 .A W 0 0 —16 K-C m nl j3 > Bt•3,I,A VISTA GROUP. INC. COW MARRIOTT CLEARWATER BEAV 1 Clearwater, Florida s 7luwl;J —""I' h — --wWwu --wWw", t-4= 7 I L 2W Fla 9co I omm • W-77-1 Nil ..IAN CROSS LONGITUDINAL S IWOMG —j n O m O Z D O O m z C m rn r m D O z MARRIOTT CLEARWATER BEA • m m r, m z 0 > 1p MARRIOTT C WATER BEAC..-1 -_ -_ 9 11 .� rcm MR�rw G mom_- PBde=2 Level Olb .w /I. AWeementtor Cate 0 11\\ F ----- ALTERNATIO'� `C - -- City permit to W I ,,—SITE I determined by Beach t \ I PROPOSED I by Design" \ \ 1 I I 11 Im It T um k--_ I I no IWr Wm AM II I � 7+.133 m (1A33 A9) _ �- -- \y --- - - ----a I LOr 117119 I I CONCEPTUAL SUBJECT Tj� / Nu I FINAL DESIGN AND PERMITAI, L -------------a-y- 'ODY+d9 (%,M N 3rd M) i ( 0R09l,am LOT 56 LOT 103 "I' 106 y LOT 60 P LOT 7p� I APARCELa LANDLr NSEDMI4MA 33 I+M99199Mr.P9QLA9 OOIIIIIY. Rdmt 90q MOM PMRM:ULN0.Y0� ®M 10130138 LO+ N, LOr +91, TIq 90UIN Rm 1I17 a NOr L4 AM0 7M 901m+ 33m LMT a LOT a 161 TM @ 0 V 61C i6p0m1m! RM®NNAT 0MP0 ti a iaMAAS OOINM1. RCI�. TODRIERVIRNlRr199.+OTMgAID TM NORM MAILa LOO M 341901IdtlA M N PLAT BOOK ti PAOB 13 OF TI® NWC OF MUM 0001M,FLQIDA moe7MRWR11 Lm 9" W M LLOtDMMI9lIeOlCR eIll3 ASM M REOO® N NAT 9001! +3 PA99 M OF 7M PVRD MORMS OF P9eLLA9 O0 .. PLOt✓al moenml vmN TIMT POR10N a 7X110 AvINw A e9ao NR1T RONraAVAr m m vAU7eo e9R10 eo1A090 w 71! GteT er T1e vRar moNrd -wAr Lra a 0011WLDDaD.AAlO0N7MWQr9Yllu u9rwmtrow vtraaourww e9 wvu0. aN TM NdRll to 7H e W n1 Ni910nY ID01 a Inr n AM Lm 10A AND Tlseolrnl9YTM NO1tMNMRRn'tRN a LOr RANOIOr 193 ro99t10 31VAM1MW.9T3AWP99TGPA19WNIOrMOR AYa91AJ OOOL9VAID ro 98 VAGIED, b0U1A>EO dl 110 NORM 9r TM VRATDLLr Of IDOpN a TINtA7nM PROPmrr LawaLOn mANO toA ANDaN iMeourN of TM vr9e+DDr IOf1FI1N011 a M 901RN L+M a LOr R OfNTAPOq tm PePA mm9.nL�.s1� NOTES Au D93m+o aawATON RlOIOBD ro COtIJIMlCT iM PRa00d0 9{RgIpRNIB 91 m O RDIO+m. _.._cam n SWIDAM O erm memm m OR" ow RR rfDrw o vxn O awmy M1MW ® Mhwff Dt NODRO uwm nu t=. tMOVAP9 LIRA 0 PMOPOSID PMMDM DATA ,,—SITE E)(ISTING PROPOSED zolmo ctrwen mmW (r) ,WIMT M um !1976(9) no IWr Wm AM Lm AM (S0. R. Nm ApMB) 7+.133 m (1A33 A9) 7� � .M AC) LOr 117119 IW Ok th N 3,d M) 396• GIST 1199• RIM LOr Dun" 'ODY+d9 (%,M N 3rd M) INY ( 0R09l,am M/A WTIMM NAM 330. SP OROSS NA911 ARG AND PAR, N/A SMOK W OM01510M am srm 1ROMm M/A 0' S00D N/A W Runt N/A d PAOAM06 %WM +90' / 130 � or APKEASM FMM IOr NIWpI LANMLP+119 (OD. R. N/A WA AND f OF PAVM VDOMM AFMA* h �RM901q MBA 83(3X a TOM) :Wj[ L Clearwater Seashell Resort LC �- �NOIN■trRLNO ABBOCI!$ART Clearwater Beach SITE PLAN eR• +Vi _4V�..,�� �i IIO�PLIY a G:\ PLANNING \PROJECTS \Marriott \layout.dwg Fri Jan 12 15:51:2 2001 King Engineering Associates, Inc. NICHOLS BROSCH � ANDOVAL Al 7 7 _ _ DO _._ ok•aion oxr _ FPAMFYC EUNS �: Haut _..._ Hors A69EM0Lr 9Y AEpgr({ATIp1 _ .. .. Par _. irw< ntirl ■ DOCK Haw* orKc 9Pt _. No �r. o W Evr ) 7J m ■ ... . -.. .. Q . ...... ■ ........................ DIY • W cc Kntmm _ 3 �J! s M6F Fwrt Me► O a.e r. •naafi 8,Lv t Loeell hw cc ntc s &fC5EW1UG Q evrt p�� G (/L Su1C7 • • • e • �ROr � ............. ......♦ nw+ 9¢af M714- ClNpenk99TftfLwT p�� ryy� R2II) 1 ....... .... ... 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C Cl iT NICHOLS BROSCH SANDOVAL a. _ wo— A " omt&a.a rimm WNW= �fw co l< la 3: _J; O 1 m rl 'u 0 ;o M --'o m m r- 00 Q 0 j ol > DELLA YWTA GROUP, INC CA MARRIOTT CLEARWATER 1 11 i I I � i il I I lwl Gt. rw. Ftome NQi LEVEL 900 HOTEL PLAN ICKll I~ . f.0• FRD n3.� D NICHOLS BROSCH SMO11AL ■xmom can m .Ce = I LL m CC W J� Q rm CD i C. --I ml rl, mi mi CFO O -Ai LemL W —0 Lofttmo —0 SUITE LEVELI O 14-0, wV A8 uuj A8 - � /I� r I�� ■ill■ ��� � �I� ■I�I■�I�� ■ill NMI ■I /i 11 n►.\' AIM' SIMMS MIMI 1 ®��_ __� IfIM - i IBM i WIN I INN T a k• U Ir $5 Q uj i{ W tj cc Q n O O Z D v 0 m z c m m r m a 0 z MOM a in m m NR El i I I AI Alln m MARRIOTT CLEARWAI JEACH tt I W, 2!:jm IF , 7' 7 tv� 1,2�ffwm";owl! = Doll tM�� 1!�! �I�_gfl��_��itr ��Ar ��ict �I,111� lil� ¢ - �o IFT-1-T 00- NICHCLS BROSCH SANDGSAI Receipt No: 1199827529 Date: 2/28/2001 Line Items: Case No Tran Code Description DA 01 -01 -01 04 Flexible Commercial Payments: Method Payer Check BLUE DEVIL CORP. Revenue Account No. Amount Due $500.00 Bank No Acct Check No Amount Paid 608 TOTAL AMOUNT PAID: $500.00 $500.00 h N, c0 0 N O 00 N O T T \ T r o ai L o E U 41 S cr_ J d 0 c 7 O E Q 0 z c 7 O U (i a d c d d cc C O Q N d 0 d a O U c N H 0 0 ui a N 613. V O O O O O O UC O N -o 0 a �r xo LL 65 0 z H X W J W a cv a c 7 O E Q O z Y U d s U U U a 0 z Y C t0 m d T N a a 0 d S� E co T a 0 0 o 0 0 •� LO Li N N t. �J0 4 HOOVER COMPANIES OF KY., INC. invoice #� Description co r _ 01100.1 T C `TY tt�r ti LL SATs• 10'01 1 CEU/YAR 19-05.00 TOIL 12-05600 Ci FCi: 1205.00 N24291 0- w3c/ 0 11173 city of Clearwater cn liruiui Ck #: tY W z — -- Q D_ O U 0= W O O Y U m L U Q 1 n 1,205.00 Page 1 of 1 .1,205.00 Ir r. 1J ±-. LONG RANGE PLANNING DEVELOPMENT REVIEW CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562 -4576 October 4, 2004 Ms. Debra Butler Northside Engineering Services, Inc. 601 Cleveland Street, Suite 930 Clearwater, FL 33755 Re: Revised Development Order - FL 01 -01 -01 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive Dear Ms. Butler: On February 20, 2001, the Community Development Board (CDB) approved with three conditions the above referenced case, which was a Flexible Development application to for increase in height from 35 feet to 150 feet, an increase from 65 rooms to 250 rooms, a reduction in front (west) setback along South Gulfview Boulevard from 10 feet to zero feet, a reduction in front (east) setback along Coronado Drive from 10 feet to zero feet, a reduction in side (north) setback from 10 feet to zero feet, and a reduction in side (south) setback from 10 feet to zero feet, as part of a Comprehensive Infill Redevelopment Project. The applicant has submitted revised plans and requests that several items be considered minor revisions: 1. Due to a change in FEMA designation from an A zone to a V zone, the Main Lobby level must be elevated to the BFE. 2. A level of hotel valet parking is moved to below the Main Lobby. 3. The plaza /pool level has been increased from a height of approximately 78 feet above BFE to 82 feet above BFE. 4. One additional floor for hotel rooms in the connector bridge is provided. 5. The continued provision of 20,000+ square feet of function space (ballroom, meeting rooms, prefunction area, Beach Club and Health Spa), while reducing the retail space from the approved 50,000 to 18,000 square feet. The applicant is maintaining the 250 -room hotel with at least 400 public parking spaces and 350 hotel parking spaces. 6. Reduction in hotel room sizes. 7. Stepping back of floor plans on the 13`h floor. 8. Coordination of the steps and breaks to the floor plan consistent with the room mix on the South Gulfview Boulevard side, still consistent with the Scale and Mass provisions of Beach by Design. 9. Provision of an outdoor dining terrace on the South Gulfview Boulevard side in concert with floor elevations and necessary accessibility ramps and steps, while still maintaining views of the beach and pedestrian flow. In accordance with Section 4 -406.A of the Code, the above revisions proposed are deemed to be minor revisions and are approved. These minor revisions must be shown on the site plans and building plans when submitting for building permits. This revised Development Order updates and supercedes the original Development Order only for the nine specific items shown above. BRIAN J. AUNGST, MAYOR - COMMISSIONER HOYr HAMILTON, VICE MAYOR - COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONFR BILI. JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" October 4, 2004 Butler — Page 2 There are two proposed changes which are determined not to be minor revisions and have been submitted as major revisions for review by the Community Development Board at their October 19, 2004, meeting as part of Flexible Development Case No. FLD2004- 07052. These two proposed changes are: With a redesign of parking levels, some hotel valet parking will be stacked. A request to allocate an additional 24 hotel rooms from the density pool. The developer intends to convert 24 hotel rooms from the existing hotel use to 18 residential units; therefore, the resultant project will be a "mixed use" composed of 250 hotel rooms and 18 residential units. Should you have any questions, feel free to contact Wayne M. Wells, AICP, Planner III, at 727 - 5624504. Sincerely, Cynthia H. Tarapani, AICP Planning Director S: (Planning DeparUnenAC D BIFLEXVnactive or Finished ApplicationsIGulfview S 0301 Marriott Hotel - Approve&Guljview S 301 Minor Revisions Letter 10.4.04.doc CLEARWATER SEASHELL RESORT 748 BROADWAYSUITE 202 DUNEDIN, FLORIDA 34698 VOICE1727- 734-1966 FAX/727- 733 -8634 July 21, 2003 Lisa Fierce Planning Department City of Clearwater P. O. Box 4748 Clearwater, F133758 -4748 Dear Lisa: RECEIVED JUL 2 PLANNING CAP � �� CI,TY OF CLEF �� 0 FLIF�- Thank you -for all the staff efforts and CDB action to extend our Interim Parking lot site plan. In whatever correspondence you send to us to document the extension, please address our review, discussion and recognition that the underlying Seashell Development site plan is extended in and through the Amended Development Agreement to be consistent with the controlling dates of the Amended Agreement. This will clarify our records and any future questions. Thank you again. Seashell Member Cc: Cyndi Tarapani Ralph Stone Bill Kimpton PLANNING DEPARTMENT CITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, ZOO SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAX (727) 562 -4865 August 30, 2002 Mr. William Kimpton Clearwater Seashell Resort, L.C. 28059 U.S. Highway 19 North, Suite 100 Clearwater, Florida 33761 RE: Development Order regarding case DA-`Qr =01- -O has amended) at 301 South Gulfview Boulevard Dear Mr. Kimpton: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On August 20, 2002, the Community Development Board (CDB) reviewed the amended Development Agreement application between Clearwater Seashell Resort, L.C. and the City of Clearwater which provide for the interim use of the property as a public parking lot, provide lease terms and adds a provision requiring the City to buy the property under certain conditions. The major provisions of the Development Agreement include: I. Project Time Extension: The agreement proposes to extend the time period for compliance with the street vacation ordinance for 18 months to March, 2006. The agreement also proposes to extend the time for commencing construction on the hotel project by four years from March, 2002 to March, 2006; 2. Interim Project Use: The site may be used for an interim period (until March 2006) as a 155 -space surface parking lot, until a resort hotel is built on the property; 3. Construction Period: The parking lot must be built within 12 months of Development Agreement and site plan approval; 4. Lease Terms: The terms provide that the "turn key" lot will be constructed by the developer and leased to the City for $2,500 per space per year. This will be paid on a monthly basis ($31,667 /month). The lease cost could be supported based on a total of 152 spaces. Estimated operating costs for the first year are $85,310 or $533 per space; . BRIAN J. AUNGST, MAYO R- COIMMI SS 10NER WHITNM, GW\Y, VICE MAYOR-COMMISSIONER HOrr HA:MILTON, COMMISSIONER 1'It•1NK HIBBARD, COMMISSIONER a BILLJONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" August 30, 2002 Kimpton — Page Two 5. Buy -out Obli ag tion: The agreement obligates the City to purchase the property at fair market value of up to $6,000,000 (depending on appraisal), should construction of the hotel not commence by March 1, 2006. In the original agreement, the City had the option to buy the property under specific conditions; and 6. Extension of Resort Room Density ool: The City shall consider extending the length of time the resort room pool is available. The Beach by Design plan limits the use of the pool for five years starting on June 6, 2001, the effective date of the plan. By June 6, 20,06, the pool would be eliminated whether or not there are unallocated rooms. Extending the room pool would require the consent of the Pinellas Planning Council and Board of County Commissioners through an amendment to Beach by Design. Based on the application and'Staff recommendation, the Board recommended approval of the amended Development Agreemenfto the City Commission with the following bases: Bases for approval: 1. The proposal furthers the goals established in special area plan governing the beach, Beach By Design, including the elimination of modest hotels on the beach and creating a more attractive place for residents and visitors. 2. The proposed interim use provides desired parking near the beach and enhances the viability of the resort community. A companion site plan application (FLD 02- 04 -12) was' approved by the CDB at the same meeting for a 155 -space public parking lot. The City Commission later approved the Development Agreement at its August 22, 2002 meeting. Please be aware that the issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. In addition, please be aware that an appeal of a Level Two approval (Flexible Development) may be initiated by a property owner abutting the property (which is the subject of the approval) within 14 days of the date of the CDB decision. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on September 3, 2002. August 30, 2002 Kimpton — Page Three If you have any questions, please do not hesitate to call Mark Parry, Planner at 727 -562- 4558. Very truly yours, *YZ . Cynthia H. Tarapani, AICP Planning Director SAPlanning DepartmenAC D B\FlexVnactive or Finished Applications \Gulfview S 0301 Seashell Resort interim parking lot - Approved6ulfview 301 DA DEVELOPMENT ORDER.doc Y t� A Haines, Angel From: Haines, Angel Sent: Tuesday, August 13, 2002 12:06 PM To: 'cpapandreas @ kingeng.com' Subject: Staff Reports 30view 301 STAFF Gulfview 301 REPORT inte... ievelopment agree.. If you have any difficulties, please call me. Thx. Angel Haines Temp - Senior Staff Assistant Planning Department City of Clearwater (727) 562 -4579 LONG RANGE PLANNING DEVELOPMENT REviEW HOUSING DIVISION NEIGHBORHOOD SERVICES -f k, I TY OF C LEARWATE R PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562 -4576 February 22, 2002 Mr. Richard Gehring C/o Clearwater Seashell Resort LLC 748 Broadway Street, #202 Dunedin, FL 34689 FILE I RE: Development Order regarding cases FLT 1,01 and DA 01 -01 -01 at 301 South Gulfview Boulevard (Time Extension) Dear Mr. Gehring: This letter constitutes a Development Order pursuant to Section 4 -206 D.7 of the Community Development Code. On February 20, 2001, the Community Development Board reviewed the Flexible Development and Development Agreement applications for a 250 -room full - service hotel with 800 -space parking garage. The following specific requests were included: 1. An increase in height from 35 feet to 150 feet, increase from 65 rooms to 250 rooms, reduction in front (west) setback along South Gulfview Boulevard from 10 feet to zero feet, reduction in front (east) setback along Coronado Drive from 10 feet to zero feet, reduction in side (north) setback from 10 feet to zero feet, and reduction in side (south) setback from 10 feet to zero feet, as part of a Comprehensive Infill Redevelopment Project; 2. Review of, and recommendation to the City Commission on, a request to vacate Third Street right -of -way from South Gulfview Boulevard to Coronado Drive; 3. Review of, and recommendation to the City Commission on, a request to vacate the eastern 35 feet of South Gulfview Boulevard right -of -way (beginning approximately 130 feet north of the centerline of Third Street and ending approximately 150 feet south of the centerline of Third Street, totaling approximately 250 linear feet of South Gulfview Boulevard right -of -way); and 4. Review of, and recommendation to the City Commission on, a development agreement between Clearwater Seashell Resort L.L.C. and the City of Clearwater. BRIAN J. AUNGST, ANYOR- COMMISSIONER ED HART, VICE IVLAYOR- COMMISSIONER WHITNEY GR.aY, C MMISSIONER How HAMILTON, COMMISSIONER BILL JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" y February 22, 2002 Gehring — Page Two V The Community Development Board approved the Flexible Development application with three conditions: 1. That the application be effective upon development agreement approval by City Commission; 2. That the South Gulfview Boulevard and Third Street rights -of -way be vacated by City Commission; and 3. That the final design of building be consistent with conceptual elevations submitted and /or modified by the Community Development Board. The Community Development Board also recommended approval of the Development Agreement to the City Commission, which was subsequently approved on March 1, 2001. Your recent request for a one -year time extension was approved by the Board at its February 19, 2002 meeting. An application for a building permit shall be made within one year of the time extension approval (February 20, 2003). All required certificates of occupancy shall be obtained within one year of the date of issuance of the date of the building permit. Please remember that a building permit and impact fees will be required prior to the construction of the project. Should you have any questions, please call Lisa Fierce, Assistant Planning Director, at 727 -562 -4561. Very truly yours, %/tom av r a Gerald Figurski, Chairman Community Development Board S:Wlanning DepartmentlCD BlFlexUnnactive or Finished Applications IGulfview S 301 Marriott Hotel - ApprovedlGulfview S301 Development orderll - time extension.doc FAX MESSAGE CITY OF CLEARWATER PLANNING & DEVELOPMENT SERVICES ADMINISTRATION 100 S. MYRTLE AVE. CLEARWATER,, FL 33756 (727) 562 -4567 FAX (727)562 -4576 FAX: FROM: '00, A �� DATE: MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) I 3 N... LONG RANGE PLANNING DEVELOPMENT REVIEW HOUSING DIVISION NEIGHBORHOOD SERVICES (JILTYO LIAR lTEA PLANNING ?DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 � FAx (727) 562 -4576 MEMORANDUM TO: Richard Gehring, Clearwater Seashell Resort LLC` FROM: Lisa L. Fierce, Development Review Manager DATE: March 16, 2001 RE: Revised Development Order — Marriott Seashell Resort — 2291301 South Gulf iew Boulevard —FL 01 -01 -01 /DA 01 -01 -01 Attached please find a revised Development Order regarding your Flexible Development application (with Development Agreement) that was approved by the Community Development Board on February 20, 2001. There was a minor correction made regarding the Code citation that references Development Orders. If you have any questions, please contact me at 727.562.4561. Attachment as noted Cc: Ralph Stone, Planning Director Pam Akin, City Attorney Cyndie Goudeau, City Clerk .Truett Gardner, Mechanik, Nuccio, Bentley, Williams and Hearne (sent via fax: 813.276.1560) Gorden Schiff, MacFarlane, Ferguson and McMullen (sent via fax: 813.273.4396) S: (Planning Departmentl C D MFLEXIInnactive or Finished ApplicationslGulfview S 301 Marriott Hotel - Approvedlcover memo for development order Ildoc BRIAN J. AUNGST, MAYOR- COMMISSIONER J.B. JOHNSON, VICE MAYOR- COMMISSIONER BOB CLARK, COMMISSIONER {■ ED HART, COMMISSIONER F. DAVID HEMERICK, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER 1 [:4 if Pb'rn �. ��'ras C T PLANNING DEPARTMENT �°4�t''L��!`�� POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 +s��`f 1R'� MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562 -4576 LONG RANGE PLANNING DEVELOPMENT REVIEW March 16, 2001 HOUSING DMSION NEIGHBORHOOD SERVICES Mr. Richard Gehring C/o Clearwater Seashell Resort LLC 748 Broadway Street, #202 Dunedin, FL 34689 RE: Revised Development Order regarding cases FL 01 -01 -01 and DA 01 -01 -01 at 301 South Gulfview Boulevard Dear Mr. Gehring: This letter constitutes a Development Order pursuant to Section 4 -206 D.6 of the Community Development Code. On February 20, 2001, the Community Development Board reviewed the Flexible Development and Development Agreement applications for a 250 -room full- service hotel with 800 -space parking garage. The following specific requests were included: 1. An increase in height from 35 feet to 150 feet, increase from 65 rooms to 250 rooms, reduction in front (west) setback along South Gulfview Boulevard from 10 feet to zero feet, reduction in front (east) setback along Coronado Drive from 10 feet to zero feet, reduction in side (north) setback from 10 feet to zero feet, and reduction in side (south) setback from 10 feet to zero feet, as part of a Comprehensive Infill Redevelopment Project; 2. Review of, and recommendation to the City Commission on, a request to vacate Third Street right -of -way from South Gulfview Boulevard to Coronado Drive; 3. Review of, and recommendation to the City Commission on, a request to vacate the eastern 35 feet of South Gulfview Boulevard right -of -way (beginning approximately 130 feet north of the centerline of Third Street and ending approximately 150 feet south of the centerline of Third Street, totaling approximately 250 linear feet of South Gulfview Boulevard right -of -way); and 4. Review of, and recommendation to the City Commission on, a development agreement between Clearwater Seashell Resort L.L.C. and the City of Clearwater. BRIAN J. AUNGST, MAYOR - COMMISSIONER J.B. JOHNSON, VICE MAYOR- COMMISSIONER BOB CLARK, COMMISSIONER ED HART, COMMISSIONER F. DAVID HEMERICK, COMMISSIONER 'EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER'S r f r� Development Order FL 01- 01 -01 /DA 01 -01 -01 March 16, 2001 - Page 2 Based on the application and the staff recommendation, the Board found that the proposal is in compliance with the standards and criteria for Flexible Development approval, the maximum development potential standards and all other applicable standards of the Community Development Code. The Community Development Board approved the Flexible Development application with three conditions: 1. That the application be effective upon development agreement approval by City Commission; 2. That the South Gulfview Boulevard and Third Street rights -of -way be vacated by City Commission; and 3. That the final design of building be consistent with conceptual elevations submitted and/or modified by the Community Development Board. The Community Development Board also recommended approval of the Development Agreement to the City Commission which was subsequently approved on March 1, 2001. Pursuant to Section 4 -407, an application for a building permit shall be made within one year of Flexible Development approval (February 20, 2002) and all required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Board may grant an extension of time for a period not to exceed one year and only within the original period of validity. Please remember that a building permit and impact fees will be required prior to the construction of the project. Should you have any questions, please contact Lisa L. Fierce, Development Review Manager at 727.562.4561. Very truly yours, Gerald Figurski, Chairman Community Development Board S: (Planning DepartmentIC D BIFLEXIInnactive or Finished Applications IGulfview S 301 Marriott Hotel - ApprovedWarriott Hotel Development order.doc Planning & Development Services Adn ation 100 So. Myrtle Ave., 2"' Floor Clearwater, FL 34616 TO �Y lG "'' C,4' 1 From: 1 Fax 1 '33• (n V-5 R Pages: (Including this page) 5 Phone: Date: d Re: Ord( CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply . Message: h�VA cee, {o � Ila � h� rn✓�.�� Planning & Development Services Ao tration 100 So. Myrtle Ave., 2nd Floor Clearwater, FL 34616 • W-1 OI/ -"V 1 Fax: V 13- , Zj�� q (p pages; (Including this page) --j Phone: Date: D (q I. n f Re: -Deudo - OduU CC: 1 v VI-V-(( - ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply j� • Message: 1 c l Ej h, r � LONG RANGE PLANNING CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 502 -4576 DEVELOPMENT REVIEW March 9, 2001 HOUSING DMSION NEIGHBORHOOD SERVICES Mr. Richard Gehring C/o Clearwater Seashell Resort LLC 748 Broadway Street, #202 n Dunedin, FL 34689 1\ n D �/ RE: Development Order regarding cases /2hge DA 01 -01 -01 at 301 South Gulfview Boulevard Dear Mr. Gehring: This letter constitutes a uel n Or Section 4 -206 D.7 of the Community Development Co n F e Community Development Board reviewed the Flexi ble De elopment at Agreement applications for a 250 -room full- service hotel ith 800 -spage. The following specific requests were included: 1. An increase in height from �6 feet to 50 feet, increase from 65 rooms to 250 rooms, reduction in front (west) setback a ng South Gulfview Boulevard from 10 feet to zero feet, reduction in front (east) tback along Coronado Drive from 10 feet to zero feet, reduction in side (north) set ack from 10 feet to zero feet, and reduction in side (south) setback from 10 feet to zero feet, as part of a Comprehensive Infill Redevelopment Project; 2. Review of, and recommenda on to the City Commission on, a request to vacate Third Street right -of -way from So th Gulfview Boulevard to Coronado Drive; 3. Review of, and recomme ation to the City Commission on, a request to vacate the eastern 35 feet of South ulfview Boulevard right -of -way (beginning approximately 130 feet north of the c nterline of Third Street and ending approximately 150 feet south of the centerline f Third Street, totaling approximately 250 linear feet of South Gulfview Boulevard ght -of -way); and 4. Review of, and re ommendation to the City Commission on, a development agreement between learwater Seashell Resort L.L.C. and the City of Clearwater. col -off -v ) DAOl -01-ol BILE COPY BRIAN J. AUNGST, MAYOR - COMMISSIONER J.B. JOHNSON, VICE MAYOR- COMMISSIONER BOB CLARK, COMMISSIONER ED HART, COMMISSIONER F. DAVID HEMERICK, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER'S m X^ Development Order FL 01- 01 -01/DA 01 -01 -01 March 9, 2001 - Page 2 Based on the application and the staff recommendation, the Board found that the proposal is in compliance with the standards and criteria for Flexible Development approval, the maximum development potential standards and all other applicable standards of the Community Development Code. The Community Development Board approved the Flexible Development application with three conditions: 1. That the application be effective upon development agreement approval by City Commission; 2. That the South Gulfview Boulevard and Third Street rights -of -way be vacated by City Commission; and 3. That the final design of building be consistent with conceptual elevations submitted and/or modified by the Community Development Board. The Community Development Board also recommended approval of the Development Agreement to the City Commission which was subsequently approved on March 1, 2001. Pursuant to Section 4 -407, an application for a building permit shall be made within one year of Flexible Development approval (February 20, 2002) and all required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Board may grant an extension of time for a period not to exceed one year and only within the original period of validity. Please remember that a building permit and impact fees will be required prior to the construction of the project. Should you have any questions, please contact Lisa L. Fierce, Development Review Manager at 727.562.4561. Very truly yours, Gerald Figurski, Chairman Community Development Board S: (Planning DepartmentIC D BIFLEXIInnactive or Finished Applications lGulfview S 301 Marriott Hotel - ApprovedWarriott Hotel Development order.doc FEB- 2f -Z2001 15:34 ¢ CITY ATTORNEY'S OFFICE 7275624021 P.01i01 ��ARLAIQE P8R�i0SON & MI�>< DATE: ATTENTIONe 9'na mm s PAX NO.: atvawflm a Coln oar= AT to MozV"r, so&% M1 "Of REC61VID 615 00"M Yta"s P. v. WX 1669 (UP 131P) L FEB r� � go(j1 01 CWAANATUI Mot" 311si 1. 727) 441 *490 ^F'�" < «•: „t;q. ;',:.` CITY ATTORNEY '•ya•. Ln:” Februai.sry 27, 2001 PAM AKIN, City Attorney CITY OF CLEARWATER 562 -4027. FROMs HARRY S. CLINE FAX NO.% (727) 442 -8470 XX OF FAQRS: f (Including cover page) TUXPRGNM NO.; 562-4020 n05� ADDITIONAL COMMRSI7'S : MRS. AKIN: Lima Pierce advised that I mbauld contact you with regard to obtaining a copy of the Application for Devc*1*y= :t Agreement or Developmoat Approval re s Clearwater seashell Resort. it would be appreciated if you would fax us a copy at your earliest convenience. Thank yhu Cathy O'Hearu 17 YOU EXPS`UX91 :E FROOLEM IN RX MMXGo PLEASE CALL OUR OFFICE AT (727) 441 -8966 INT CNIpY FOR TU US9 OF UM A=ft cmCNIOMON of TRTS Mmin zs C'1 zcz A $ V% T= V•8• SoS'PATr iNRVICG. Y9 '1% FT. a6a ?V& TOTAL P.01 l TO: LL .. CITY OF CLEARWATER PLANNING & DEVELOPMENT SERVICES ADMINISTRATION 100 S. MYRTLE AVE. CLEARWATER,, FL 33756 (727) 562 -4567 FAX (727)562 -4576 FAX: �3-z, ---- q�e3 -30 v FROM: DATE: C:2 _ 0 MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) a 8 FU:7 6 -2001 16:18 NICHOLS BROSCH SANDOVAL NICHOLS BRO�SCH SA' �DOVAL & AS: iOCIATES, INC. Archihcture & Planning FAX TRANSM MARRIOTT HOTEL @ CLEARWATER BEACH Prof. No.: 2034 Attention: Mr. Ralph Stone CITY OF CLEARWATER Fax # : (727) 562 -4576 3 P. 01/03 TTAL' Date: Friday, February 16, 2001 Re: MARRIOTT HOTEL @ CLEARWATER BEACH From: John R. Nichols NOTE: Attached please find a reduced elevation of the above referenced project. 161 Al neria Avenue [oral ( tibias, Florldo 33134 Tel 130;1443-5206 Fax (% 51 4A6.2872 Email b lti�nluarcb'Com www,n yprch.cain AAC 0 10600 This is being sent to you at the request of Richard Gehring of Prime Interests. cc: kic and Gehring / Jay Reinherg ORIGINAL WILL BE DELIVERED VIA; []MAIL U FEDEX ❑ COURIER U WILL NOT BE SENT If you do not receive page(s) In this fax, please call at (305) 443 -5206. Page count includes cover sheet. 6 Tki, L. 02/15/01 14:49 $7277338634 PRIME INTERESTS la 001/001 EB 15 2001 P a DE 4 C Ai 1 Y 0- <, FAX MEMORANDUM TO: FROM: SUBJECT: CC: DATE: Ralph Stone Richard Gehring lr DI PRIME Tuesday, February 20, 2001, CDB Meeting 2/15/01 NO. PAGES(including this one)' 1 INTERESTS 748 BROADWAY SUITE 202 DUNEDIN, FLORIDA 34698 VOICE/727- 734 -1966 FAX/727- 733 -8634 Ralph, Our special meeting of January 31, was a special session with our project being the only item. I now see the agenda for the 2e has a real list of projects. Can we still give a comprehensive presentation? There are three items locked in our presentation: the site plan, the vacation and the Development Agreement. If they were separate, it would not be effective, but would give us more presentation time. I am having the architect come from Miami (he was here on the 31n and I will do the project overview. I respectfully request you ask the Chairman if we can have 10 minutes each for the site plan /vacation and Development Agreement plus allow the architect an additional 10 minutes to present the design (total of 30 minutes). Please advise. We could be reduced to 15 minutes for overview and 5 minutes for the architect, but it is a complex project. Thank you in advance for your attention to this matter. Richard P71) CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVENUE CLEARWATER, FL 33756 (727) 562 -4567 FAX (727) 562 -4576 TO: car, E q r,,e L,-) I `:k &,,. ( FAX: '-13-3— 8634 FROM: DATE: 0 1 ► i10 MESSAGE: 13(m Z 9 5 1� Attached is a copy of the Agenda for the Community Development Board Meeting of Q 19, C N 0 { as well as the staff report for &sVeAA 9,e,4o,4, Number of Pages (Including Cover): 2-2— 2ANSMISSION VERIFICATION REPORT TIME 02/12/2001 13:37 NAME PLAN FAX 7275624576 TEL 7275624567 DATEJIME 02/12 13:25 FAX N0. /NAME 97338634 DURATION 00:11:54 PAGE(S) 22 RESULT OK MODE STANDARD ECM n 3 TO: y FAX: FROM: DATE: Ak% CITY OF CLEARWATER PLANNING & DEVELOPMENT SERVICES ADMINISTRATION 100 S. MYRTLE AVE. CLEARWATER,, FL 33756 (727) 562 -4567 FAX (727)562 -4576 MESSAGE: Ss-e_ C-116-�,e_c , NUMBER OF PAGES(INCLUDING THIS PAGE) ?-- January 18, 2001 City of Clearwater Mayor and City Commissioners C/O City Managers Office FAX: 562 -4052 Dear Mayor and City Commissioners: As the City negotiates with developers on public parking facilities the subject seems to become more complex and raises new questions. In yesterdays special meeting it was stated that the developer would be providing less spaces than previously proposed. In light of continued growth, we will have fewer rather than more spaces then we have today. In addition, the following questions come to mind: I . Will any other enclave parking spaces remain along South Gulfview Blvd.? If so, where, how many and what term of parking will be allowed? 2. Will the closing of 3`d Street and other beach accesses have a negative economic impact on existing businesses? 3. Will the City or the developer control the parking rates and fees? Can residents and businesses continue to use their parking permits in these facilities? 4. What is the plan and timing to implement the removal of the South Beach parking system? 5. Will the developer controlled parking facilities have an unfair advantage over existing retail shops and restaurants along South Beach that have built their business trade for more than 20 years using the current parking configuration? 6. What assurance does the City have that the developer parking facilities will be completed in time to serve the new bridge access? 7. What parking provisions are planned for trucks making deliveries of food and retail products when access is ]united and some properties do no extend to Coronado St.? 8. Since the size and height of the developer buildings has become an issue, should not all of the extra parking levels be relocated off the beachfront to a Coronado site to reduce the scale and mass? For more than 30 years the City has fairly governed the public and private use of the beach parking system. Businesses from the Adams Mark Hotel and Post Corner Pizza on the south end to the Days End and the city Marina on the north end have both built and relied on this public system to survive. What guarantee will the city make that after the transfer of control of this business to private developers that the same equitable use and access to public parking will remain? The discussion of these issues and those raised by staff will over a period of time result in the development of a more quality product that will better serve both the needs of the customer and community. I support and compliment both staff and your efforts in this continued endeavor. A staff member once said that the redevelopment of Ft. Lauderdale was a twenty -year over night success. I believe our new land development code was just put in place less than one year ago. Sincerely, a` \ y7 T)avid R T01 le 0 IbI ENGINEERING ASSOCIATES, INC. Civil Engineering Transportation Planning & Engineering Environmental Engineering Land Planning Ecological Services Surveying & Mapping Construction Management GIS Mapping 4921 Memorial Highway One Memorial Center Suite 300 Tampa, Florida 33634 Phone 813 880 8881 Fax 813 880 ° 8882 www.kingengineering.com EZWX January 25 „2001 Ms. Lisa Fierce, Development Review Manager City of Clearwater Planning and Development Services ' 100 South Myrtle Avenue Clearwater, FL 33758 -4748 Re: Clearwater Seashell Resort Dear Ms. Fierce: Enclosed please find 15 sets of site plan review documents for the Clearwater Seashell Resort. These materials are intended for distribution prior to the Community Development Board meeting of January 31, 2001. Thank you for your assistance in processing this application. Should you need any further information, please contact me. Y urs truly, Chris Papandrea AICP S.Planner / Project Manager CP /etl Enclosure cc: File 1502- 002 -000 H I.F COPY f5L Dk vi o� o� +'tip GAADMIN\200I \ PROJECTS \1502- 002.000\LETTERS \FIERCEO LCP .'RANSMISSION VERIFICATION REPORT TIME 01/22/2001 14:44 NAME PLAN FAX 7275624576 TEL 7275624567 DATE DIME 01/22 14:42 FAX N0. /NAME 98138808882 DURATION 00:01:31 PAGE(S) 03 RESULT OK MODE STANDARD ECM FAX MESSAGE CITY OF CLEARWATER PLANNING & DEVELOPMENT SERVICES ADMINISTRATION 100 S. MYRTLE AVE. CLEARWATER,, FL 33756 (727) 562 -4567 FAX (727)562 -4576 TO:� - FAX: S 3 J— �i$b -° g'g19 Z FROM: LN sow e- DATE: 1 I -Z -2-1 e I MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) �pg8ess0 e.. CITY OF CLEARN :R Parks and Recreation Department ATER DEBORAH W. RICHTER ADMINISTRATIVE ANALYST ne City. One Future. fFICE: 100 S. MYRTLE AVE., 33756 -5520 (AILING: P.O. BOX 4748 PHONE: (727) 562 -4817 LEARWATER, FL 33758 -4748 FAX: (727) 562 -4825 drichter@clearwater-fl.com PARKS AND RECREATION DEPARTMENT 7'Y OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 PAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4800 FAX (727) 562 -4825 DEVELOPMENT REVIEW COMMITTEE DATE: 01/19/01 SUBJECT: Clearwater Seashell Resort (FL 01 -01 -01 & DA 01- 01 -01) LOCATION: 229 & 301 S. Gulfview Blvd. & 230, 300 & 304 Coronado Drive REVIEWED BY: Deborah W. Richter COMMENTS: ♦ Open Space/Recreation Land Impact Fees will need to be satisfied for this project prior to development approval. Recreation Facility Impact Fees of $200 per unit being added are due prior to issuance of building permit. ♦ The gross and net land areas need to be indicated on the site plan site data table or documentation provided. ♦ To give proper credit for existing units /rooms, clarification is needed in the site data table or documentation provided on the number of existing hotel rooms. 4 hotel guest rooms = 1 dwelling unit. ♦ Site data table also needs to include existing and proposed floor area (footprint) or documentation provided. ♦ A copy of the just. value of land only according to the current year's property tax assessment is required to be submitted with the attached worksheet. ♦ The developer or his representative should complete the top portion of the attached worksheet and return same to the Parks and Recreation Department for calculation. ♦ Questions concerning this matter may be directed to Debbie Richter in Parks and Recreation at (727) 562 -4817. ONE CITY. ONE FUTURE. BRIAN J. AUNGST, MAYOR- COMMISSIONER J.B. JOHNSON, VICE MAYOR- COMMISSIONER BOB CLARK, COMMISSIONER ED HART, COMMISSIONER ED HOOPER, COMMISSIONER "EOIIAI. FMPLnYMFNT ANTI AFFIRMATfVP AC-1 -T(IN FAAPI nVFP" V ASSE [ENT OF OPEN SPACE/RECREATION ACT h t • (Expansion of Existing Hotel/Motel by 8 Units or it._ -jre " 0 :. Four Hotel/Motel Guest Rooms = One Dwellin g Unit Ylrwater ) u TO BE COMPLETED BY THE DEVELOPER: Parks and Recreation DATE: PROJECT NAME: ADDRESS: # OF EXISTING GUEST ROOMS: # OF GUEST ROOMS TO BE ADDED: # OF EQUIVALENT DWELLING UNITS TO BE ADDED: ZONING DISTRICT: PARCEL GROSS LAND AREA: # OF ALLOWABLE UNITS ON SITE: PARCEL NET LAND AREA: LAND AREA APPLICABLE TO EXPANSION (% proposed to allowable X net land area): JUST VALUE OF LAND ONLY ACCORDING TO CURRENT YEAR'S PROPERTY TAX ASSESSMENT: $ (VERIFICATION REQUIRED) VALUE PER SQUARE FOOT: $ (JUST VALUE _ BY GROSS LAND AREA) I ATTEST THAT THE INFORMATION PRESENTED ABOVE IS CORRECT, COMPLETE AND TRUE. PROPERTY OWNER/AUTHORIZED REPRESENTATIVE SIGNATURE DATE NOTE: All fees payable to the "City of Clearwater ". Omen Space and Recreation Facility fees should be submitted to Parks and Recreation, Municipal Services Building, 100 South Myrtle Avenue. Recreation Recreation Facility fees should PARKS AND RECREATION DIRECTOR OR DESIGNEE DATE s:\Parks\Forms \1600 -0310G Impact Fee Form #7- Revised 8/10/00- Completed form to be retained in Parks and Recreation Administrative Office according to City and State Records Management guidelines. oe suomittea to rtannmg and lievelopment Services at the same address. FOR OFFICE USE ONLY: IMPACT FEE CALCULATIONS I. OPEN SPACE ASSESSMENT # of Equivalent Dwelling Units to be Added # of Allowable Units On Site — % (Proposed to Allowable) Total Site Net Land Area x SF Land Area Subject to Assessment SF Open Space. Factor x.040 . Open Space Assessment SF II. RECREATION FACILITY LAND ASSESSMENT # of Equivalent Dwelling Units to be Added Recreation Facility Land Factor x 150 SF Recreation Facility Land Assessment SF III. RECREATION FACILITY ASSESSMENT # of Equivalent Dwelling Units to be Added Recreation Facility Factor x $200 Recreation Facility Assessment $ RECOMMENDATIONS LAND VALUE DOLLARS PAYMENT DUE I. Open Space Fee ....................... SF X SF = $ Prior to Approval of Plan/Plat II. Recreation Facility Land Fee... SF X SF = $ Prior to Approval of Plan/Plat III. Recreation Facility Fee ........................................ ........................I....... =$ Building Permit TOTAL................................................................ ............................... _ $ PARKS AND RECREATION DIRECTOR OR DESIGNEE DATE s:\Parks\Forms \1600 -0310G Impact Fee Form #7- Revised 8/10/00- Completed form to be retained in Parks and Recreation Administrative Office according to City and State Records Management guidelines. 61/i8/01 "09:43 KING r "93INEERING TAMPA 4 7275624576 1-Y polttv �z- 4 576 • J PA CP oG� N0.519 D01 rl VA 0Li18:/01 '09:43 KING `k INEERING TAMPA 4 7275624576 N0.519 902 CLEARWATER BEACH SEASHELL RESORT City of Clearwater sand Development Code, Section 2 -803 C Comprehensive Infill Redevelopment Projects Compliance with Criteria Existing'. Site Conditions The properties are developed with The Glass House Motel at 229 South Gulfview Boulevard, The Beach Place Motel at 301 South Gulfview Boulevard, and a single family house and out buildings at 300 Coronado Drive abutting the Beach Place Motel and operated under a common ownership. The proposed project assembles these parcels into a single development site, which incorporates the vacated Third Street right-of-way, Under the terms of the proposed development agreement, Gulfview Boulevard is proposed to be rebuilt to the west; this parcel seeks rights to use the eastern 1/2 of the vacated Gulfview Boulevard right -of- way. Surrounding land uses are; Gulfview Boulevard to the west, a single family unit and the Spyglass Motel to the north, Legends Steakhouse to the south and Coronado Drive to the east. Across Gulfview Boulevard, there is a public parking lot abutting the Gulf of Mexico. The existing buildings consist of two motels which contain 66 hotel units. The existing properties contain several structures, all of which were built between 1941 and 1956. Most of the value in these properties is in the land. The present assessed value of the properties is $2,690,500, Land values are $1,910,000. The value of the existing structures is $7$0,500. The value of the new structure will be approximately $65,000,000. Redevelopment is proposed for these obsolete structures. The proposed use is a 250 -unit full service hotel with banquet, restaurant and retail and an 800 -space parking garage which will serve both hotel users and the general public. In order to accomplish the proposed development, the applicants propose to implement the Gulf Walk improvement outlined in Brach by De i n. This improvement will extend for approximately 1,000 feet, beginning at the exit to the existing Pier 60 parking lot and extending southward. The Gulf Walk will provide landscaping, pedestrian and bicycle routes and a limited amount of surface public parking, as well as a relocated travelway for vehicles. This travelway will be built in a curvilinear design and will include "traffic calming" features. Public parking will be replaced in the parking garage to be built as part of the hotel. The public will access the beach by a pedestrian overpass. GAADM. 2001 TROIBUSU 502 -002.0001REM]RTSNSF-A,lN.cP 01/18/03" 09:43 KING F "9INEERING TAMPA 4 7275624576 NO.519 1 P03 CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section, 2 -803 C Comprehensive Infill Redevelopment projects Compliance with. Criteria The following responses provide justification for this Comprehensive Infill Redevelopment Project, consistent with the City of Clearwater Land Development Code. L The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards. The proposed Seashell Resort will maintain the character of Clearwater Beach as a tourist destination and does not deviate from the permitted uses in the Tourist zoning district. As presented in Beach by„ Design, redevelopment of existing developed properties in Clearwater Beach is not economically feasible at the prevailing density of 40 units per acre. states that, "In order to justify the cost of demolishing income producing improvements (no matter how modest), new resort development would require a significant increase in density above 40 hotel units per acre ". Standards for land intensity and development standards do not recognize the economics of redevelopment and the need to establish an appropriate scale of operations to support a full- service hotel with retail, banquet, restaurant and entertainment uses. The levels of amenities offered at this facility will reflect back to the luxury hotels which were built in Florida's golden age of tourist development. The principal difference between this property and older "grand hotels" is that the Seashell Resort will provide the room sizes, automobile accommodations and construction standards which will be consistent with present day development. It is not possible to provide this level of amenity, attraction and public benefit without deviation from the intensity standards contained in the Tourist zoning district. According to Beach by Design, "The economics of destination resorts are such that, except in very exotic locations they require a certain critical mass of rooms in order to support the high cost of quality improvements and amenities. Industry sources indicate that 200 to 250 rooms is a practical minimum for the number of rooms which are required to create a successful, highly- amenitized destination resort". 2. 77ae development of the parcel proposed fir development as a comprehensive infill redevelopment project will not reduce trite fair market value of abutting properties. a:�nnn R4\ 2001TRO11ecrS 11902.002.000aEP0RTS\sEA JN,CP 01/18/01' '09:43 KING F"'aINEERING TAMPA 4 7275624576 N0.519 PO4 CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2.803 C Comprehensive Infill Redevelopment Projects Compliance with Criteria The value of property depends on the highest and best use, improvements on the site and the market factors of supply and demand. The value of abutting properties to the north and south will not be compromised, and will likely be enhanced, by development of the Seashell Resort. Patrons of all nearby development will have access to covered parking spaces in the on -site garage. In addition, a substantial public benefit will be created by the relocation of Gulfview Boulevard, the creation of a pedestrian promenade on the existing Crulfview Boulevard right-of-way, and the retention of surface parking in the vicinity of existing businesses. Lush landscaping will replace asphalt paving in the front of nearby businesses. Pedestrian access will be enhanced. Clearwater Beach will have a supply of 250 new hotel rooms, which will bring patrons to nearby restaurants and businesses. Existing motels will benefit from overflow patrons of conventions and meetings, and will also be able to offer covered parking in the public garage. The value of abutting properties is presently depressed by the current level of under- investment on the Seashell Resort site. According to property appraiser values, the land for the subject parcel is worth nearly twice the value of the improvements. The buildings on the site are about 50 years old. The new structure will add approximately $65,000,000 in building improvements. 3. The uses within the comprehensive infrll redevelopmentproject are otherwise Permitted in the City of Clearwater. The uses on the site will be hotel (with accessory restaurant), meeting, lounge and retail use. The public parking space is an existing established use on Clearwater Beach. By relocating public parking into a covered garage, patrons will benefit from less beat build -up in parked vehicles, protection from salt and rain, and safe access to the beach via a pedestrian overpass which traverses the motor way, promenade and bike path. 4. The uses or mix of uses within the comprehensive inf ll redevelopment project are compatible with adjacent land uses. The uses on the site are highly compatible with the adjacent land uses. There is a G:WDMN\2003 TROJECTSil 3oz•002.0001RSB0RT8N8tA_1N,Cp 81i18i0�' '89:43 KING FK19INEERING TAMPA -> 7275624576 N0.519 IP05 CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2-803 C Comprehensive Infill Redevelopment Projects Compliance with Criteria restaurant located to the south of the proposed site. There is an existing tourist property located to the north of the proposed site. Presently the site is developed with hotel units in several obsolete structures. This property renewal will set a new standard of elegance for development on the southern beach front. 5. Suitable sites fir development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater. The developers of the Seashell Resort are the early visionaries who are willing to enter a partnership with the City to create both public and private benefits on Clearwater Beach. Other property owners may come forward with alternative development proposals. However, the Seashell Resort development has a unique location, in a strategic site within the area with redevelopment potential. Because it is located in the midst of the existing hotel district, it has potential spin -off benefits to other surrounding properties. It is located on the South Beach, which experiences the highest degree of visibility for beach -goers and the traveling public. Approval of the development agreement, which carries the commitment to rebuild Gulfview Boulevard, creates a significant public benefit which will provide an enhanced community recreation resource for decades to come. d. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicini0i of the parcel proposed for development. There will be a significant improvement to the function and appearance of both the public and private realm. According to Beach by Design, "A key element of Beach by besitan is the transformation of South Gulfview into a local access street as a part of a great resort street/place ". The public beach front will be transformed into a world -class beach experience. The developers will dedicate an additional 10 feet along the rear (Coronado Drive) property line to facilitate improvements for vehicles and pedestrians. With the creation of a beach front promenade, nearby businesses will be able to establish a, pleasing interface with pedestrians, and to install outdoor dining, music and art, GAADM1M1200ITROJECTV 902.002,00MEPO.RTSISEA -IMCP of /18/0i' '09:43 KING FK19INEERING TAMPA 4 7275624576 N0.519 906 CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2 -803 C Comprehensive Infill Redevelopment Projects Compliance with Criteria Landscaping proposed for the Gulfview relocation project is extensive. Over 50 specimen Majool Date Palms are proposed, along with 250 Saba] Palms. Paver tile or brick will be used for promenades, to replace the existing cracked concrete surfaces. 7 The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the proposed for development and the City of Clearwater as a whole. The design of the proposed Seashell Resort and surrounding property improvements will create a form and function which enhances and redefines the community character of the immediate vicinity. The design of the hotel and Parking structure features massing which steps back as elevation increases, creating elegant spires along the skyline. The second level is proposed to feature an arched pedestrian bridge from the parking structure to the beach. This will create a feature which will be recognized by motorists as well as pedestrians, and will provide a functional landmark for visitors and guests. By integrating the public parking within the hotel structure, the community will gain a covered parking area which is compact and functional. At the same time, one of the objections to a parking garage -- namely; that it will be a visual intrusion — will be overcome. The front elevation of the parking levels will contain guest rooms with balconies which overlook the Gulf of Mexico. The fa;ade will appear as a full hotel floor. Parking MR be "camouflaged" behind the building elevation, and will be hidden from beach goers. The design of public improvements is extensively specified in Beach by Design. A great deal of expertise and public input has gone into the development of this design. It represents a detailed analysis of use, existing conditions and community needs. 8. Flexibility in regard to rot width, required setbacks, height and off- street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Flexibility in regard to setbacks and height is required to make this project G :IADMWV .1 001V' ROJECTS11502- 002.000\REPORTsIsCA•Qd.CP 01i18/0i" '09:43 KING F ";INEERING TAMPA � 7275624576 N0.519 1?07 CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2 -803 C Comprehensive Inftll Redevelopment Projects Compliance with Criteria possible. The creation, of the public parking benefit could not be accomplished without the six levels of internal parking. This in turn necessitates a relaxation of height standards. In addition, the design of the structure, with massing reduced as height increases, makes the increased building height a memorable asset of the design and creates pleasing proportions. By contrast, the appearance of buildings such as 440 West, which maintain the same proportions for their entire elevation, create a feeling of heaviness and have a roof line which is does not contribute to the cityscape. The proposed project needs relief from side setbacks due to the scale of the development, the need to provide for on -site building circulation, and the dedication of 10 feet of right of way along the rear property line. The promenade elevation, which will be improved by the developer for property for a distance of approximately 1,000 feet, will serve as a landscaped gateway to the community's businesses, In addition, this promenade area will function as a front setback with pedestrian amenities, such as a covered walkway, pavers, landscaping and a sidewalk caf6, 9. Adequate off- street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on- street parking in the immediate vicinity of the parcel proposed for development. A combination of uses is proposed to serve the needs of tourists and day visitors. The hotel will include a multi -use parking garage with parking which exceeds the required hotell spaces by over 200 %. The provision of adequate off - street parking is a hallmark feature of this development, and will create a significant community benefit: The amount of parking on -site will exceed the needs of the uses within the hotel. The shared parking formula documented in Division 14 of Article 3 provides a formula to be applied when multiple users within the same development share parking, with different users entering at different hours of the day. Although this formula is not strictly applicable to a hotel with adequate guest spaces as well as a significant number of public parking spaces, some of the parking occupancy characteristics are relevant for consideration in approval of the Seashell Resort. Beach users will largely be daytime patrons, while restaurant patrons will G :\ADM N120011PROJECTS1i 502- 002,000\{,EP01tTS\SEA -1N,CP 0L /18i0i' `09:43 KING FK19INEERING TAMPA 4 7275624576 CLEARWATER REACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2.803 C Comprehensive Inflll Redevelopment projects Compliance with. Criteria N0.519 D08 principally be evening users. Entertainment uses will encompass both the recreational beach. -goer and the evening bar and dining patrons. There is expected to be little conflict between the family going to the beach during the day and evening users who want to come for a sunset walk, a beverage and dinner on the beach: 10. The design of all buildings complies with the Tourist District design guidelines in Division S of Article 3. The design of the proposed Seashell Resort complies with the following design guidelines outlined in Beach by De = Height (2) portions of any structure which exceeds one hundred feet (100) are spaced at least one hundreds apart. The Seashell Resort will have two towers exceeding 100 feet in height. The bases of these towers are separated by 110 feet. (3)(a) between forty -two feet (42) and one hundreds feet () the floorplate will be no greater than 25, 000 square feet: This design constraint cannot be accommodated in the subject parcel due to the establishment of parking on levels 2 through 7 of the structure. Between one hundred feet (1009 and one hundred eet .�}lyf ( 150' ) the floorplate will be no greater than 10, 000 square feet. The proposed height will have varying floor plates above the seventh level. The floor plate which will occur on levels 11 through 14 will have a floor area of approximately 4,000 square feet. 11 C. Design, Scale and Mass of Buildings G,WDMM2001 \PROTEM'8 %1302 -002.0001RGNORT.5ISEA.IN.CP 01/18/01* '09:43 KING FK191NEERING TAMPA 4 7275624576 N0.519 P09 CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2 -803 C Comprehensive Inlydl Redevelopment Projects Compliance with Criteria (1) Buildings with a footprint of greater than S, 000 square feet or a single dimension of greater than one hundred (100) square feet will be constructed so that no more than two (2) of the three (3) building dimensions in the vertical or horizontal planes are equal in length. I'or this purpose. equal in length means that the two lengths vary by less than forty percent (40%) of the shorter of the two (2) lengths. The horizontal plane measurements relate to the footprint of the building. The front elevation of the Seashell Resort has a base level facade of approximately 280 feet by 88 feet and meets this design criterion. Above the 88 -foot level, the facade is broken into tw' o towers located approximately 109 feet apart. A typical base elevation is established for levels one through seven which features guest rooms on levels three through seven. On the Coronado elevation, the towers are not separated until the 11th floor level is reached. Above the seventh (garage) level, the building mass is set back from the building edge and landscaping is instituted. &(2)�No plane of a building may continue uninterrupted for greater than one, hundred linear feet (100). For the purpose of this standard, interrupted means an offset ofgreater than five feet (5), Offsets are provided, on the Gulfview Boulevard and Coronado Drive elevations to exceed this standard, (3) At least sixty percent (60 %) of any elevation will be covered with windows or architectural decoration. For the purpose of this standard, an elevation is that portion of a building that is visible from a particular point outside the parcel proposed for development. The proposed design will comply with this requirement in the following manner: the Gulfview Boulevard elevation will consist G:V,wHar 001TROJECTsusaz -Qoz.o00\P.E OFUMSEa.JN,CV 01i18i01' '09:43 KING F"'=INEERING TAMPA -) 7275624576 CLEARWATER BEACH SEASHELL RESORT City of Clearwater. Land Development Code, Section 2.803 C Comprehensive Infill Redevelopment projects Compliance with Criteria N0.519 P10 entirely of common areas or guest rooms with balconies. The Coronado Drive elevation will consist of openings to the parking garage on levels two through seven which will have an architectural treatment. On the north and south property elevations, there will be large windows in guest rooms above the seventh floor. (4) No more than sixty percent (60016) of the theoretical maximum building envelope located above one story will be occupied by a building, For the purpose of this standard, theoretical maximum building volume is the maximum permitted building volume that could be theoretically occupied by a building and occupied by a building includes any portion of the maximum possible building envelope that is not visible from a public street. This standard canxealistically be applied only to levels above the parking deck. For those levels, the maximum calculated floor area ratio er floor) is 42 %. Therefore, it appears that the hotel portion of the building will comply with this standard, The height and mass of buildings will be correlated 'to (1) the dimensional aspects of the parcel proposed for development and (2) adjacent public spaces such as streets and parks. The height and mass of the Seashell Resort have been designed to respond to the proportions of the site. The resort will be an integral part of the adjacent public spaces, through establishment Of the promenade abutting the building and construction of an elevated pedestrian walkway to connect the hotel garage to the beach. (6) Buildings may be designed for a vertical or horizontal mix of permitted uses, The Seashell Resort will provide a variety of uses for both hotel guests and the general public. 9 GA DMMODITROJGCTMI502 .002.000\REpoRT9%sEA -LN.cp 01i18i01 '09:43 KING EK'GINEERING TAMPA 7275624576 N0.519 CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2 -803 C Comprehensive Infill Redevelopment Projects Compliance with Criteria D. Setbacks and Stepbacks 1. Right -of -ways The area between the building and the right -of -way (edge of pavement as existing and planned) should be sufficiently wide to create a pedestrian friendly environment. The distances from structures to the edge of the right -of -way should be: (1) f fteen feet (1 S) along arterials, and (2) twelve feet (12) along local streets Setbacks from rights -of -way for Seashell Resort will be integrated with plans for the abutting streets, Where Gulfview Boulevard is proposed to be relocated, the building will adjoin the pedestrian Promenade. Along Coronado hive, an additional 10' of right -of- way will be deeded to the City, The applicant will reset the sidewalk as part of the building construction in an appropriate location to provide an attractive environment and a functional drop -off area for arriving guests. The minimum sidewalk width will be 10'. _ <3. Stepbacks For buildings over three stories (42 feet) in height' portions above 42 feet should be set back at least one foot for every two feet of additional height.... Architectural details that create a "human scale " may be substituted for side and rear stepbacks. Stepbacks in facade elevations begin above the parking levels. These Stepbacks, along with architectural details, comply with this design guideline. E. Lot Coverage and Open Space At least twenty jive percent (25%) of each parcel proposed fur 10 07IADMDA200ITROJ ECTSU502- 002.0001RF.AORMEA -iN.CP D11 01/18/01 '09:43 KING F `I NEER I NG TAMPA -> 7275624576 N0.519 CLEARWATER BEACH SEASHELL RESORT City of Clearwater 'Land Development Code, Section 2 -803 C Comprehensive InfiA Redevelopment Projects Compliance with C.rite.ria, development should be maintained as open landscape or qualifying hardscape. Open landscape or qualifying hardscape means "landscaped areas, plazas and other areas covered with pavers or other decorative treatments, but does not include off-street parking areas or roadways. The Seashell Resort will have a pool deck plaza of approximately 21,000 square feet. This is 28% of the site area. Hadscape areas at the ground level will provide for an attractive and functional interface with surrounding properties. F Street -Level Facades (1) at least sixty percent (60%) of the street level facades of buildings used for nonresidential purposes which abut a public street will be transparent. Street level facades at the Seashell Resort are designed to exceed this standard with windows along the extent of both Gulfview Boulevard and Coronado Drive elevations. (3) Building entrances should be aesthetically inviting and easily identified. Building entrances are proposed to have canopies, walkway coverings and other features to make an attractive addition to the streetscape. G. Parking Areas Entrances to parking areas should be clearly marked in order to avoid confusion. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of access or egrets. The entrances to the Seashell resort parking garage will be clearly marked. The parking garage is hidden from view on the rights of way in 11 GA ADMI M2001TROJECT 5\1702.002.000vD;POaTMEA.na.CP D12 O 1i18iO1 '09:43 KING F — T NEER I NG TAMPA -� 7275624576 CLEARWATER BEACH SEASHELL RESORT City of Clearwater Land Development Code, Section 2 -803 C Comprehensive Infll Redevelopment Projects Compliance with Criteria N0.519 D13 the following mariner: Coronado Drive, architectural screening; Gulfview Boulevard, guest rooms located in front of parking area, K Signage A complete signage program will be submitted for approval at a later date. 1. Sidewalks Sidewalks along arterials and retail streets should be at least ten feet (10 j in width. All sidewalks along arterials and retail streets will be landscaped with palm trees spaced to a maximum of thirty-five feet (35) on centers, with "clear grey" of not less than eight feet (8). Portions of required sidewalks may be improved for non pedestrian Purposes including outdoor dining and landscape material, provided that movement of pedestrians is not obstructed; and non pedestrian improvements and uses are located on the street side of the sidewalk Distinctive pavingpatterns should be used to separate permanent sidewalk cafe improvements from the pedestrian space on the sidewalk Sidewalk widths and landscaping along Coronado Drive are provided consistent with these guidelines. Along the Gulfview Boulevard elevation the pedestrian promenade which will be created by the relocation of the street will comply with these guidelines. The balance of these guidelines (J -M) address issues which will be determined. later in the construction. process (for example, materials and colors), or are not relevant to the proposed project (fountains). Allocation of resort units from the "pool " proposed to be created in Buch b� D-Csign contingent on meeting 14 criteria. The proposed project meets all of these criteria; specifically: A minimum of 200 hotel rooms 12 a; 1ADMMOO1\ PRO18CTSUSOa -0oz.000\RFYORTS\.4F.A -IN.CP lam [1401NEEFONG MUCIATES, NC. 4921 Memorial Highway, One Memorial Center, Suite 300, Tampa, FL 33634 (81-3) Full Service Planning, Engineering, Surveying & En;,TA FAX TRANSMITTAL DATE: 01/11/01 TIME: 9:51 AM TO: Lisa Fierce COMPANY: City of Clearwater Community Development FAX' 727 562-4576 PHONE: JA �a 0-8881,'FAk I W67i -iianc On, S --�f C L I F'r RE: Clearwater Seashell Resort L.L.C. PROJECT NUMBER: FROM: PROJECT NAME: YOU SHOULD RECEIVE -2— PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL. COMMENTS: Attached map Pan - ---------------------- Original to Follow: ❑ Yes 10 No q)A- 6) Response: ❑ Not Necessary C9 Needed within 24 Hour (j Needed immediately The information contained In this facsimile message is privileged and confidential Information Intended only for the use of the individual 3r entity named above. If the reader of this message Is not the Intended recipient, or the employee or agent responsible to deliver It to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication In error, please Immediately notify us by telephone, and return the original message to us at the above address via tho U.S. Postal Service. thank you. Toe] OVS: *ON 9LSVE9S2ZZ, <- UdWUi 9NIZ133NI9N3 SNIA GV: T T TO/TT/T� P. r a 71- .j F ; J U 2 L S` BLVD, m 1 Flft-r 32/02 32/03 � Ana o mpimr so b _ 52 911 6 99 53 7 00 x�e 54 ° B• -zas 8 ara —� IM- � 02 9 DB 13OF -407 J0 ZAN 7�}3 5 104 m 11 • am: z 12 °° inn • p i 8G1 Tim 105 � • '- 13 06. v 14 svaa 60 (a 15 61 00 1 ses srs 16 as 62 1 0 a8o s� 17 63 - 1 1 82► is s s 64B 19 4" sas 65 20 114 8! 66 21 t3 67 15 911 s�4s 118 � 22 68 117 �a�l 23 ser m^ tas sos SST a � a m 3 4 r 5 BLVD, m 1 Flft-r 32/02 32/03 � Ana o mpimr so b _ 52 911 6 99 53 7 00 x�e 54 ° B• -zas 8 ara —� IM- � 02 9 DB 13OF -407 J0 ZAN 7�}3 5 104 m 11 • am: z 12 °° inn • p i 8G1 Tim 105 � • '- 13 06. v 14 svaa 60 (a 15 61 00 1 ses srs 16 as 62 1 0 a8o s� 17 63 - 1 1 82► is s s 64B 19 4" sas 65 20 114 8! 66 21 t3 67 15 911 s�4s 118 � 22 68 117 �a�l 23 ser m^ tas sos SST a z 0 w .n 0 45 a m i m r ♦ 267A m E QOVT Ij 3 V e a A �n 202 WATEF s� 3 4 z tp0 5 Cl m TYU) b z 7 $ m m m 9 i0 11 12 3) 3 17 1) S SY w w 50 49 ` I ;$ ib qy w b a cn Q1 asi . 47 455 44 1 +3 42 m Lfl z 0 w .n 0 45 a m i K 0 in.9 ENGINEERING ASSOCIATES, INC 4921 M ial Highway One Merr OTT Center • Suite 300 Tampa, Florida 33634 Phone 813 880 • 8881 Fax 813 880 • 8882 E -Mail king @kingeng.com TO P12nni h� a.ta_' Dev,, 5ervjce_S WE ARE SENDING YOU ® Attached ❑Shop drawings ❑ Submittals ❑Copy of letter ❑ Change order LET'i -.R OF TRANSMITTAL DATE IZ%Od JOB NO. /'a2- -o00 -00d ATTENTION RE: Sfi � /'f •G�OI�� ❑ Under separate cover via ❑ Plans ❑ Samples — the following items: ❑Specifications COPIES DATE SPECIFICATION REFERENCE DESCRIPTION C-5 T THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints REMARKS S I 1 C *E Qh e COPY TO q/ 0I -0I -01 6� - u -ol ALF�0 0V JAN 12 2001 SIGNED 2 6P Ww4d COMMENTS: The current Development Agreement, approved March 1, 2061, requires the applicant to de-t- • construct a minimum 250 -room hotel and 750 -space parking garage with 400 spaces available for public use; ►-��E"�' (b • provide "upfront" financing fore Beachwalk project and relocated South Gulfview Boulevard, • dedication of 10 feet of right -of -way along Coronado Drive. The City, for its part of the partnership, has: • processed the vacation requests of both of the applicable portions of Third Street and South Gulfview Boulevard; , • has provided 185 units from the resort units bonus pool set up in Beach by Design, and • will reimburse the applicant for public improvements from the additional ad valorem , revenue and other public revenues generated by the project beyond the existing revenue , levels. Construction of the hotel has yet to begin, and the applicant is seeking several changes to the existing Development•Agreement. , to lie major changes to the Development Agreement include: fl 1) Project Time Extension: in which the timeframe for the street vacation ordinance s) and for beginning construction on' the hotel project, are both extended by four years from March, 2002 to March, 2006; 2) Interim Project Use: The site may betil March 2006) as a• 155- space, surface parking lot, until° a,resort hotel is built on the property; • 3) Construction Period: - The parking lot must be built within' 12 months of Development Agreement and site plan approval; 4) Lease Terms: The terms provide that the "turn key" lot will be constructed by the developer and leased to the City for $2,500 per space per year. This will be paid on a monthly basis ($31,667 /month). The lease cost could be supported based on a total of 152 out of the 155 maces. (city doesn't want to pay for parking that isn't regularly, consistently used — we don't generate revenue for handicap spaces) Estimated operating costs for the fIrst year are $85,310 or $533 per space; 5) Buy -out Obligation: The agreemNftVigwates the City to purchase the property at fair market value of up to $6,000,000 (depending on appraisal), should construction of the hotel not commence by March 1, 2006. Funding for this would be available through different sources including the Parking Fund, internal loan from the Central Insurance Fund and internal loan from General Fund — all equally contributing $2 million. In the original agreement, the City had the option to buy the property under specific conditions; and 6) Extension of Resort Room Density Pool: The City shall consider extending the length of time the resort room pool 1,s. available — beyond 'une 2006. should construction not occur by march 2006 �2r 6el-n -7�9 pbrt, g-ru U-N-c" , 44�nt �qz - Staff Report — Community Development Board — August 20, 2002 — Case DA 01 -01 -01 (amended) Page 1 16Y ./A l�k ahmt a�9, lk L9 _v, w-to bat e w % ^ l 1164W A Lowe- eb tL� OND LLM ro �+ The Beach by Design plan limits the use of the pool for five years starting on June 6, 2001, the effective date of the plan. By June 6, 2006, the pool would be eliminated whether or not there are unallocated rooms. Extending the room pool would require the consent of the Pinellas Planning Council and Board of County Commissioners through an amendment to Beach by Design. The Community Development Board recommended approval of this application at its August 22, 2002 meeting. The corresponding site plan application for the surface parking-was approved by the Board at that meeting as well. A first quarter budget amendment would establish a new capital improvement project in the amount of $6 million (as transferred from the Parking Fund). Of this, $2 million represents an allocation from the retained earnings of the Parking Fund and the balance of $4 million representing the loans from the Central Insurance Fund and General Fund of $2 million each. Payment on the loan will be made September 30 of each year at the cash pool interest earnings rate. The loans will be interest only until such time as: 1) The City is relieved from the obligation to purchase the property at which time the loans will be repaid in full and the project closed, or 2) Upon purchase of the property. If the property is purchased and remains a parking facility, the principal amount of the loans will be repaid at a rate able to be supported by the revenues of the parking facility. It is estimated that this could take up to 15 years at S% interest. If the property is resold to another developer, the loans will be repaid from the proceeds of the sale. This action will reduce the General Fund reserves by $2 million until such time as the loan is repaid. This would reduce the General Fund reserves in the 2002 -03 budget to $1 million over the 8% policy or $600, 000 over the proposed 8.5% policy. C il � ' / Bases for approval: I • `C� 1. The proposal furthers the goals established in special area plan governing the beach, Beach by Design, including the elimination of modest hotels on the beach and creating a more attractive place for residents and visitors. 2. The proposed interim use provides desired parking near the beach and enhances the viability of the resort community. The rectangular, 1.63 -acre site is located on the east side of South Gulfview Boulevard, approximately 400 feet south of First Street. The City Commission may enter into development agreements to encourage a stronger commitment on comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. Staff Report — Community Development Board — August 20, 2002 — Case DA 01 -01 -01 (amended) Page 2 i i I iL IE c' �7 �8 I I If m° I ' U I I I a� SCALE :FEET .7RD ,,EEP NOTE: 1. ALL PLANT MATERIALS TO O BE FLORIDA GRADE #1. 2 EXISTING PALM TREES ON -SITE WILL BE FIELD FLAGGED AND MAY BE RELOCATED TO PHASE I LANDSCAPE AREAS 3. LANDSCAPE MATERIALS TO BE A COMBINATION OF LOW FLOWERING GROUND COVER; FOR EXAMPLE, WEDELIA, LANTANA AND BEACH SUNFLOWER WITH OLEANDER AS INDICATED. O. ORGANIC MULCH TO BE INSTALLED TO DEPTH OF YIN LANDSCAPE AREAS ' Clearwater Seashell Resort LC - Phase 1 Interim Parking Lot T. Lza� Clearwater Beach PALM PLANTING DETAIL ooDCOOo annoo M 1 r-MMOM GROUND COVER PLANTING DETAIL +A LHRUB DETAIL - LEGEND —••— vROVEmvewnourr ® cwrtmuawawa — veA,E ar ® n.c w,Riwc ❑ w rxw�cw ® ® nusreR�ma wvRawnure �ncnnenav v,wwRG im umnwG = r..:`,:1 nEwsoc x GRGUnG COVaNNUy GROUNUwv W aRG- RN LANDSCAPE.PLAN- PHASE 1 StyLlrhf� uS ifr{i�✓�, s PARKING FUND 2002 / 2003 Preliminary Budget* Parking Fund Revenues: Beach Parking Downtown Parking Other Revenue Total Projected Revenue Parking Fund Expenses: Jolley Trolley Beach Cleaning (raking sand) Beach Guard Program Parking Operations Total Projected Expenses Projected Net Profit 306,860 476,920 4,391,920 295,000 153,130 537,620 2,377,950 3,363,700 1,028,220 *Does not include any revenue or expense projections for the Seashell Parking Lot. 0,ZZ•o2 DA --o I -o t -o t (NWnw'm) Preliminary Budget 2002/03 Beach Rev/ Exp P W A/Pkg. 8 -20 -02 Todd Pressman, representative, said based on input from nearby residents, many changes had occurred to the development's design and architecture. The developer has worked closely with the community through a series of meetings. Notice was sent to 464 separate owners of 524 parcels. He reviewed the size of nearby buildings, noting this development will be only 80 feet high. Historically, residents of the abutting Sand Key Club have used a portion of the subject property for a turn around. The developer is donating an easement to the Sand Key Club so this practice can continue. He said the percentage of impervious surface proposed is greater than required by Code. Due to neighbor concerns regarding loss of privacy, Mr. Pressman said the side of the building was designed with small windows high in the units. He said the landscape plan exceeds Code requirements. In response to a question, Mr. Pressman said the setback to the south is solely to retain the cul de sac, enjoyed by Sand Key Club residents. In response to a question, Mr. Pressman said along the road, the tennis court will be fenced with a black chain link vinyl coated barrier. Six residents spoke in support of the project. One resident spoke in opposition to the project. Mr. Pressman said the developer had been proactive in contacting all residents regarding this project. Concern was expressed the majority of Sand Key residents are not present in the summer. Mr. Pressman was commended for working closely with residents. Member Doran moved to approve Item 131, with conditions as listed, Case FLD2002- 05014. The motion was duly seconded and carried unanimously. (Alternate Board Member Milam voted.) C. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owner, etc. and will be approved by single vote at the beginning of the meeting. (Items 1 - 4) 1. Case: DA 01 =01 -01-:-m-301- South Gulfview Boulevard Continued from July 23, 2002 Owners: Clearwater Seashell Resort, LC, AI -Nayem International Incorporated and the City of Clearwater. Applicant: Clearwater Seashell Resort, LC. Representative: William J. Kimpton and Richard Gehring. Location: 1.63 -acres located on the east side of South Gulfview Boulevard, west of Coronado Avenue, approximately 400 feet south of First Street. Atlas Page: 276A. Zoning: T, Tourist District. Requests: Review of, and recommendation to the City Commission on, proposed amendments to the development agreement between Clearwater Seashell Resort LC and the City of Clearwater, which provide for the interim use of the property as a public parking lot, provide lease terms and adds a provision requiring the City to buy the property under certain conditions. Proposed Use: A 250 -room hotel with ancillary restaurant/retail sales and service uses and a 750 -space parking garage and the interim use of the site with a 155 -space parking lot to be managed and operated by the City. mcd0802 4 08/20/02 Presenter: Mark T. Parry, Planner. The rectangular, 1.63 -acre site is located on the east side of South Gulfview Boulevard, approximately 400 feet south of First Street. The area is intensely developed with predominantly commercial uses including restaurants, motels, hotels and retail sales and service. Single- family dwellings exist to the east and a City -owned parking lot is located across Gulfview Boulevard to the west. The area along South Gulfview Boulevard and Coronado Drive is characterized by older, modest hotels and motels and retail businesses within mid -rise buildings. The site is located within the Beach Walk District of the Beach by Design Plan. The site consists of two properties that have been developed with overnight accommodations (Glass House Motel and Beach Place Motel at 229 and 301 South Gulfview Boulevard, respectively). The motel buildings were built between 1941 and 1956 and contain a total of 65 rooms. All existing structures will be razed as part of the redevelopment of the site as a 250 -room, full - service resort hotel with 750 -space parking garage. Within the garage, 400 spaces are to be available to the public. Ten feet of right -of -way along Coronado Drive will be dedicated as part of the approved site plan. The plan includes a portion of the eastern half of the South Gulfview Boulevard right - of -way and Third Street right -of -way between South Gulfview Boulevard and Coronado Drive. Third Street, a 60 -foot wide right -of -way, bifurcates the site from east to west. Both portions of the rights -of -way were conditionally vacated by the City Commission in May 2001. The proposal includes the implementation of the beach walk improvements as outlined in Beach by Design. South Gulfview Boulevard will be relocated farther west as part of a serpentine, beach walk design. Its new configuration will include a two -way, two -lane road section and pedestrian way and bicycle path. At its February 20, 2001 meeting, the Community Development Board (CDB) approved a Flexible Development application (FL 01- 01 -01) for a resort hotel and parking garage for this site. Of the 500 available units in the Beach by Design density pool, 185 were granted for use as part of that application. The Board also recommended approval of a Development Agreement (DA 01- 01 -01) that was subsequently approved by the City Commission on March 1, 2001. A time extension request for the Flexible Development (site plan) application was approved by the CDB on February 20, 2002. It will expire on February 20, 2003. To preserve the development of the site plan, a code amendment will be necessary to provide for a second time extension. An amendment to Beach by Design may be necessary, should the hotel pool units for this project not be used by March 2006. The pool expires in June 2006. The proposal also includes a companion request of a Flexible Development application for a 155- space, public parking lot as an interim use. (Refer to companion case FLD 02- 04 -12.) The application and supporting materials were reviewed by the Development Review Committee on May 16, 2002. The Planning Department recommends approval of the amendment to the Development Agreement for the site at 301 South Gulfview Boulevard, with the following Bases for approval: 1) The proposal furthers the goals established in special area plan governing the beach, Beach by Design, including the elimination of modest hotels on the beach and creating a more attractive place for residents and visitors and 2) The proposed interim use provides desired parking near the beach and enhances the viability of the resort community. mcd0802 5 08/20/02 North and South Beach Parking Strategy Report July 18, 2002 OQ, 01--ol -c) I. Introduction This report will briefly summarize the North and South Beach parking issues, outline the City's progress to date, provide an initial evaluation of each proposal presented to the City since the December 2001 Commission meeting, and make recommendations to proceed. Beach by Design, adopted by the City Commission in February 2001, envisions a bold approach for the revitalization of Clearwater Beach. Public and private sector improvements are necessary to make Clearwater Beach a destination address. The development of new parking facilities is a critical next step in the implementation and success of the City's initiatives. Thus, the amount and location of parking, and the need to meet the current and future demand for parking is a threshold issue facing the City. G In the summer 2001, after evaluating several parking alternatives for the Beach, the City Commission directed staff to conduct additional analysis on several sites on North and South Beach. The City retained the engineenng/consulting firm of Parsons to evaluate the financial feasibility of the proposed locations for parking alternatives. The various reports and staff analysis indicated that the "large" parking garage facilities previously pursued are not feasible due to high land and construction costs and the inability of the "trade area" to support large facilities at this time. At the December 2001 Commission meeting, the Administration presented two, more feasible alternatives: 1. The South Beach alternative included pursuing a strategic land assembly in a short time frame that would provide between 200 -250 temporary parking spaces on a surface lot containing approximately 75,000 square feet between Coronado and Hamden, the desired location for replacement beach parking. The cost of this land assembly was estimated to be $60 /square foot, however, the City should be prepared to pay a 30% premium for this land. This strategy allows for the phasing of replacement parking spaces and for a parking garage to be constructed once additional demand for beach parking results from the implementation of Beach Walk. 2. The North Beach strategy included the construction of a more modest facility size, a 450 -space parking garage, on North Beach contingent upon the development of a financing program to support this initiative. After a review of the strategies proposed, the City Commission directed staff to: • Evaluate the financial feasibility of constructing a 450 -space parking garage at the Pelican Walk site on North Beach; Beach Parking Strategy Report: July 2002 2 • Solicit land assembly between Coronado and Hamden in order to provide a temporary surface parking lot which could be utilized for a future parking garage to support South Beach parking needs; • Initiate detailed design and construction estimates for the Beach Walk/South Gulfview project. The Administration directed staff to report back to the City Commission regarding this direction in 180 days. Since the December 2001 Commission meeting, the City has initiated actions to move forward with a Beach parking strategy. The City requested a detailed financial feasibility study as well as appraisals to assist the City in its assessment of financial alternatives in constructing a Pelican Walk garage. The study, conducted by Urbitran /Chance Management Advisors, indicates that the 450 -space Pelican Walk garage is financially feasible given (1) a 30 -year amortization rate; (2) pre -cast, pre- stressed construction technique, (3) pay -on -foot revenue collection system, and (4) a $1,000,000 write down from the City's Parking System. Alternatively, a private developer has presented a proposal to the City to build the Pelican Walk garage on a lease term. Furthermore, the Hilton Hotel has expressed interest in discussing development options at their location, including the possibility of additional parking facilities. Secondly, on South Beach, two developers have presented proposals to the City to build parking resources. The "Marriott Seashell" developers have proposed a temporary surface parking lot for 150 -160 spaces on their current site. A second developer has assembled approximately 92,400 square feet of land on the southern edge of Hamden and Coronado approximately between Brightwater and Fifth Streets with the City vacating Fifth Street. The developer has presented several options to the City including offering the land for sale, or for lease for the City to construct parking spaces. Another option would have the developer construct a 1,450 -space parking garage with a residential /commercial uses in the structure. The following map identifies the location of the Beach parking proposals. Lastly, the City received a $500,000 federal grant to proceed with the design of Beach Walk. The City has retained the firm of Post, Buckley, Schuh and Jernigan to prepare the design drawings and construction specifications for Beach Walk. The firm has drafted a detailed scope of work that has been submitted to the City for review. The design phase is estimated to be complete by June 2003. Beach Parking Strategy Report: July 2002 3 Af 4. x. i " VA I--- � ! I ;- , (,,- '01, II. Progress to Date A. North Beach The North Beach area of Clearwater Beach is viewed as a prime area for quality beachfront development north of Pier 60 and described as a "Destination Resort District" in Beach by Design. With the Hilton and Clearwater Beach hotels as strong economic anchors, the area is well suited for resort, retail, and residential redevelopment. However, current public parking areas do not meet the current or future demand projected for public parking. The Parsons report estimated a deficit of 383 spaces during peak demand for the North Beach trade area. The need to provide support for the retail corridor coupled with the loss of 44 on street parking spaces due to the North Mandalay streetscape improvements, and other major private investment in the area, necessitate the construction of a parking facility in this area. Furthermore, restaurants and entertainment venues could be attracted by the City's commitment to create more public parking. Various examples across the country have shown that the provision of parking is a proven, effective redevelopment incentive. Pelican Walk Parking Garage Financing Alternatives Before the City could proceed with defining a direction for the acquisition of land and construction of a parking garage at the Pelican Walk site, staff requested more information regarding the financial feasibility of a garage. The City retained the team of the Urbitran Group and Chance Management Advisors, Inc. to evaluate parking garage alternatives at Pelican Walk. Their report contains an analysis of alternative methods of financing the garage, as well as numerous pro forma showing the effects of different variables on the ability to have a financially self- sustaining garage. The various scenarios presented in the report provide the City with several options in proceeding with structuring the financing of the garage. Financing Alternatives The report briefly discusses financing alternatives for the construction of a garage at the Pelican Walk site. These options include: • City financing (tax- exempt bonds). Issue insured, tax - exempt bonds for the amount of land purchase, construction costs plus soft costs, and other related expenses such as revenue control equipment. The report suggests the City could use the retained earnings held by the Parking System to write down the cost of the garage by paying cash and reducing the amount financed. • Private Sector Development. In order for the private sector to construct a parking garage at this site, the City would need to provide adequate incentives to meet a developer's typical return on investment. Initial calculations conclude that there are no reasonable scenarios for enticing a developer to build a garage. A larger Beach Parking Strategy Report: July 2002 5 redevelopment project that includes assembled blocks might be possible if a garage is part of a larger development. However, if the City were to provide the enticements for private development, a resulting facility might not belong to the City. • TEA -21 funding. This federal program emphasizes intermodal /multimodal transportation, investment in existing infrastructure, and clean air. The Pelican Walk site, given its location, the lack of meaningful connections to transit, and the nature of the parking customers, is not an appropriate facility to be funded through TEA -21. • Establishing a Special District. Another financing alternative is a Special District responsible for raising money for a project from nearby property owners. Special Districts are created by local ordinance and empowered to generate an assessment for a specific purpose. The funds raised could support parking, sidewalk improvements, landscaping, and other elements of the Beach by Design Plan. Financing Scenarios and Pro Formae Urbitran/Chance Management produced a series of pro forma to illustrate the various financing possibilities to find a viable scenario. Using estimated parking rates, operating costs, and construction costs, as well as existing demand data (previously collected by Parsons), the report estimates financial performance of the Pelican Walk garage under eight different scenarios. While each scenario includes 450 spaces, the following four variables produced different results: • the amortization rate: 20 years vs. 30 years; • construction type: pre -cast vs. cast in place; • collection of payment: cashiers vs. pay -on -foot technology; and • a $1,000,000 write down from the Parking Fund. The report also used a conservative estimate of demand/revenue based on the assumption of utilizing 220 weekday spaces and 376 peak period spaces. The eight pro forma developed are summarized in the table below: Beach Parking Strategy Report: July 2002 6 Table 1. Comparison of Eight Pro forma for Pelican Walk Garage PF Conditions Total Year 1 Year 1 Year 10 Year 10 Cost per Net Debt Cumulative Debt Space Revenue Coverage Revenue Coverage 1 20 Years, Pre -cast, $18,593 (298,091) 0.56 ($2,718,946) 0.63 Cashier, No Parking Fund 2 30 years, Pre -cast, $18,593 (195,664) 0.66 ($1,694,677) 0.74 Cashier, No Parking Fund 3 20 years, Pre -cast, On $19,193 (149,101) 0.79 ($782,764) 0.99 foot, No Parking Fund 4 30 years, Pre -cast, On $19,193 (43,469) 0.93 $274,559 1.16 foot, No Parking Fund 5 20 years, In place, On $19,771 (170,129) 0.76 ($993,041) 0.96 foot, No Parking Fund 6 30 years, In place, On $19,771 (61,210) 0.90 $96,149 1.13 foot, No Parking Fund 7 30 years, Pre -cast, On $16,971 25,168 1.05 $959,926 1.31 foot, $1 m from Parking Fund 8 30 years, In place, On $17,549 7,327 1.01 $781,516 1.27 foot, $1m from Parking Fund As evidenced in the table above, the garage only supports itself in the first year under the condition of initial construction costs being reduced by a $1,000,000 contribution from the Parking System. In other words, only the 7th and 8th pro forma provide net revenue in the first year. The preferred pro forma, #7, estimates an annual cost of $781,241 including debt service and operating expenses. The City's total development cost for the Pelican Walk Garage in this scenario is $7,636,950. In pro forma #7, revenues from the Pelican Walk garage would cover debt service but would not have the desired debt service coverage ratio needed for tax exempt bond rates. In order to obtain the lowest possible cost of financing, the City would need to "back up" the revenue from the public service tax. The report concludes that if the City decides to finance a Pelican Walk garage the most cost effective approach would be to fund the selected garage using (1) pre -cast, pre- stressed concrete, (2) Pay -on -Foot Technology (operating costs with pay -on -foot technology instead of cashiers is roughly half), (3) a 30 -year amortization schedule, and (4) use a portion of the Parking System's retained earnings ($1 million) to write down the cost of construction. This method is particularly recommended if it is viewed as the desired and timely beginning of revitalization in the area. The report also states that the City will need to conduct a feasibility analysis in greater detail if the City finances the garage. Land Value As part of the City's due diligence for the possible acquisition and development of a 450 - space parking garage at Pelican Walk, the City requested three appraisals of the site Beach Parking Strategy Report: July 2002 7 (45,400 square feet). The appraisals will assist the City in negotiations with the property owner for the acquisition of the parking lot and serve as an important decision - making tool. K. Mitchell Caldwell prepared an appraisal for the Pelican Walk Shopping Center parking lot. The property was appraised at $682,500. The appraisal is for the land only; it does not include the value of the adjacent shopping center, the highest and best use of the property, and its transferable development rights (TDRs). The appraiser estimated this value at $25 /square foot with the City acquiring 65% of the interest in the property. Colliers Arnold prepared a second appraisal. The property was appraised at $1,820,000. The appraiser estimated this value at $40 /square foot. Because the difference between the first and second appraisals is significant, the City requested a third appraisal to be conducted by Millspaugh. Millspaugh concluded that the per square foot value is $40 for a total value similar to the Colliers Arnold appraisal. Alternative Parking Garage Proposal at Pelican Walk Since December 2001, City staff has advised the Pelican Walk property owner of the evaluation and timing of a recommendation regarding the Pelican Walk property. However, a local developer recently negotiated an option with the owner of Pelican Walk to purchase the parking lot property. The Developer, the North Mandalay Investment Group, Inc., submitted their letter proposal to the City on June 10, 2002. The developers are proposing to construct a 450 -space garage on the Pelican Walk parking site. The City would lease the space at 10% of the cost to construct the garage. They have estimated the construction cost of the garage to be $5,500,000 or $12,222.23 per space. The rent for years 1 -5 would be $550,000 increasing every five years thereafter. The City would be responsible for maintaining the garage, and would receive the revenue stream from the parking garage. The City estimates that the maintenance cost for the first year would be roughly $257,850 or $573 per space. Therefore, the total annual cost to lease and operate the garage would be $807,850. This figure is $26,609 more annually than pro forma #7 described above. If the construction cost for pro forma #7 is applied to their proposal (an annual cost total of $1,021,533), this proposal would be $240,292 more annually than pro forma #7. In addition, an arrangement may need to be worked out to include the current owner's 101 parking spaces in the garage. At the initial meeting, the developer expressed interest in locating retail in the garage. However, a retail component is not addressed in their letter proposal. Hilton Hotel Site The Clearwater Beach Hilton Hotel site is located on the west side of Mandalay Avenue immediately north of the roundabout. Very recently, staff met with the on -site management of the Hilton to discuss future redevelopment options on this property. At this meeting and in follow -up discussion and correspondence, the current owners of the Beach Parking Strategy Report: July 2002 8 Hilton property have expressed an interest in evaluating options related to expanding the parking resources currently on site at the Hilton. Since these discussions have been recent, there has not been an opportunity to define alternatives that may be available at this location. It should be also noted that the Hilton owners are operating the hotel based on a long -term "leasehold" arrangement with the underlying landowners. Hilton management has indicated that the landowners would need to be included in discussions regarding future options for the property. Clearly, this location is a prime location for resort use and due to the large size of the site, could include a parking garage that may house public parking and/or private spaces that may be available for public use. Staff will continue to meet with the Hilton representatives to determine what options may be available. B. South Beach Beach by Design does not specify a location for a new parking garage on South Beach. However, the garage should be a "reasonable" walk from the dry sand beach. While the obvious location for a replacement parking garage is between Coronado and South Gulfview, this area is the City's best land and best opportunity to provide a quality tourism destination. In addition, this area has been recognized as problematic due to aesthetic and economic implications of large parking garages. While the desired location for replacement beach parking is between Hamden and Coronado, this location presents difficulties because of the complexities and cost of land assembly in this area. The Parsons report documented the unmet demand during peak hours as 521 spaces in the South Beach trade area. In addition, the construction of Beach Walk will result in a net loss of approximately 270 parking spaces on South Gulfview. Clearwater Seashell Resort The City entered into a Development Agreement with Clearwater Seashell Resort, LLC on March 1, 2001. Due to unforeseen circumstances, including extensive litigation, a downturn in the economic conditions of the tourist industry, and acts of terrorism and war, the commencement of the resort project has been delayed. In order to preserve the development opportunity of the site as a resort hotel and to potentially move forward on the Beach Walk project, the developer presented to the City an interim plan for the site as a temporary surface parking lot for 150 -160 spaces. The developer submitted a site plan and modification to the Development Agreement on May 23, 2002 with the following terms: • Lease Terms. The interim surface parking project will be constructed by the developer on a "turn key" basis and leased to the City for $40,000 per month. At an annual revenue rate of $3,000 per space, this lease cost could be supported based on the number of spaces proposed. • City's Option to Purchase. In case the developer is not capable of proceeding with the development of the resort project by March 2006, the City agrees to purchase the development site from the developer for an amount equal to the outstanding balance owed to the development site lender. This amount shall not Beach Parking Strategy Report: July 2002 9 A4 � olo exceed $6,000,000 and must be supported by two appraisals, which would be conducted at the time of sale. Penny for Pinellas funding would be earmarked if this option occurred. This funding will be available at approximately the same time as the City's purchase, if required. The developer will complete the construction of the interim parking lot in 12 months. The long -term use of the project site by all parties is intended for the development of the resort hotel. Alternative South Beach Parking Garage Proposal Another developer, Dr. Howard Howell, has presented three options to the City for replacement parking spaces on South Beach. The developers have assembled approximately 92,400 square feet of land on the southern portion of Hamden and Coronado bounded by Brightwater on the north, vacating Fifth Street (13,200 square feet of right of way), and a small portion of the block south of Fifth Street. Option 1 The City purchases the assembled properties "as is" for $12,000,000. In addition, the developer has proposed the following terms: • Developer charges a fee for assembling the property included in purchase price • Developer retains the development rights associated with the property in excess of those needed by the city to construct a 261 -space surface parking lot Option 2 The City purchases the property for $11,000,000, demolishes the structures on the property, and constructs a 261 -space surface parking lot. After the City has owned the property for one year, the City would accept offers from developers for a period of 6 months that meet the following conditions: (1) the developer agrees to construct a parking garage with roughly 1,450 spaces and a minimum of 45,000 square feet of commercial /residential space on the ground floor; and (2) the developer offers the highest bid above the appraised price of the property, except for the westerly 15 feet of the property reserved for the future widening of Coronado. In addition, the developer has proposed the following terms: • The City vacates Fifth Street between Hamden and Coronado • The City will not construct, or allow to be constructed, any additional public parking spaces on South Beach for a period of 20 years after purchase of the property except for (1) interim Seashell parking lot and (2) the 400 public spaces in the Seashell resort project if the project is bonded prior to the financing of the new garage on Coronado and Hamden • Requires an amendment to the Seashell Development Agreement to restrict the number of public parking spaces in the resort development • If the developer repurchases the property, the developer agrees to negotiate with the City to construct all or part of Beach Walk Beach Parking Strategy Report: July 2002 10 Option 3 The City leases the property for 30 years for the sum of $1,046,500 per year with a 3% annual increase. The City demolishes the structures on the property, and constructs a 261 -space surface parking lot. The developer has the right to suspend the lease at any time between the 12`h and 36`h month of the lease, provided that the developer will construct a parking garage with roughly 1,450 spaces and commercial /residential space on the ground floor. During the construction of the garage, the City shall be relieved of its lease obligation. Upon its completion, the City will be financially responsible for its lease obligations in return for its ongoing use of 331 dedicated parking spaces. In addition, the developers have proposed the following terms: • The City vacates Fifth Street between Hamden and Coronado • Developer dedicates to the City the westerly 15 feet of the property for the future widening of Coronado • The City will not construct, or allow to be constructed, any additional public parking spaces on South Beach for a period of 20 years after purchase of the property except for (1) the interim Seashell parking lot and (2) the 400 public spaces in the Seashell resort project, if the project is bonded prior to the financing of the new garage on Coronado and Hamden • Requires an amendment to the Seashell Development Agreement to restrict the number of public parking spaces in the resort development • Developer agrees to negotiate with the City to construct all or part of Beach Walk • Developer shall be entitled to build additional parking, if it so elects III. Site Evaluation The City has anticipated that the location of the replacement parking spaces would be complex and costly. Specifically, issues of land assembly and cost require that the City look carefully at the options presented. In order to compare the proposals presented, staff conducted an initial review of the proposals and developed a list of advantages and disadvantages. A. North Beach Pelican Walk Parking Garage As described above, the total development cost for constructing the Pelican Walk garage by the City is estimated at $7.7 million, with land cost estimated at $1 million. Tax exempt revenue bonds will need to be issued to cover the total development cost of the garage. Maintenance costs are estimated at $257,850 for the first year. Beach Parking Strategy Report: July 2002 11 Advantages • Provides needed parking for surrounding businesses including Heilman's Beachcomber Restaurant, Clearwater Beach Hotel, Frenchy's, Pelican Walk, and other Mandalay retail uses • Provides overflow parking for new residential units in the area • Adds to the inventory of Beach parking on North Beach • Replaces 44 parking spaces removed from North Mandalay due to streetscape improvements • Financial analysis indicates several feasible financial alternatives exist to support the garage • May provide future benefit for the development of the East Shore area • May result in improved marketability and potential redevelopment on North Mandalay Disadvantages • Location is perceived as inconvenient for Beach patrons • Requires immediate and substantial City subsidy in order to move forward with the most attractive financial option ($1,000,000 from Parking System to write down the project cost) • Provides a net increase of 305 parking spaces (450 total minus 101 spaces from Pelican Walk parking lot minus 44 lost spaces from North Mandalay/Papaya) Alternative Pelican Walk Parking Garage In addition to the pros and cons listed above specific to the Pelican Walk garage site, the following comments apply to a private developer constructing the garage. Advantages • Developer absorbs the costs of purchasing the land, financing and constructing the garage • Does not require up front subsidy from the City Disadvantages • The City would not own the property at the end of lease term • Over the first 15 years, the City pays over $10 million in rent for the garage (maintenance costs would be an additional $4 million for this time frame) • The garage would cost $240,292 more annually than if the City purchased the land and constructed a garage (based on construction estimates from City consultants) B. South Beach Seashell Resort Proposal The turnkey approach to this garage requires that the City maintains and operates this parking lot with a potential buyout in March 2006 of up to $6,000,000. Estimated operating costs for the first year is $85,310 or $533 per space. Beach Parking Strategy Report: July 2002 12 Advantages • Creates short term parking opportunities on South Beach allowing the City to move forward with the implementation of Beach Walk • Adds to the overall inventory of parking spaces on the Beach even if Beach Walk is not constructed in the short term • Clears the site of existing obsolete motel units • Allows the developer to purchase the property across Third Street and consolidate the property under one ownership • Preserves the opportunity to continue marketing the approved development package including 250 resort rooms, 400 public parking spaces, and the developer's financial participation in Beach Walk • Cost of purchase is capped at $6,000,000 or lower based on appraised value after March 2006 Disadvantages • Absorbs annual parking revenue for the 150 -160 additional parking spaces • Requires the City to assume a buyout position of $6,000,000. However, it appears that the parking revenues could cover the debt service to support the buyout for the term that the City incurs in paying off the debt Alternative South Beach Parking Garage Proposal Option 1: Advantages y Purchase $12,000,000) • Clears site of small, motel and retail establishments • City assembles approximately 92,400 square feet for future parking garage development • Supports 261 surface parking spaces that can generate roughly $783,000 in yearly revenue Option 1: Disadvantages • Requires the City to commit to a bond issue of over $12 million for land only • Revenue from 261 surface parking spaces may not be sufficient to cover debt service for the bond issue and maintenance of the surface lot • Site is not contiguous to either the Seashell, Markopoulos, or other potential resort sites on the Beach • Developer retains development rights of the property in excess of the 261 surface parking spaces • Would require the removal of surface parking on South Gulfview to make location marketable (i.e. Beach Walk) Option 2: Advantages v Purchase $11,000,000 with 1,450 -Space Garage Option) In addition to the advantages cited in Option 1, Option 2 has the following advantages: • City saves $1 million in purchase price defined in Option 1 • City can offer property for sale after one year for the development of a parking garage Beach Parking Strategy Report: July 2002 13 Option 2: Disadvantages • Requires the City to commit to a bond issue of over $11 million • Revenue from 261 surface parking spaces may not be sufficient to cover debt service for the bond issue and maintenance of the surface lot • Site is not contiguous to either the Seashell, Markopoulos, or other potential resort sites on the Beach May require an amendment to the Seashell Development Agreement Requires a freeze on additional public parking on South Beach that reduces the City's flexibility in providing parking spaces Option 3: Advantages (City Leases Spaces for $1,046,500 Annually) In addition to the advantages cited in Option 1, Option 3 has the following advantages: • Reduces up -front financial commitment from the City due to lease arrangement • Developer may build a parking garage on the site within a 3 -year timeframe Option 3: Disadvantages • Revenue from 261 surface parking spaces may not be sufficient to cover lease obligation and maintenance of the surface lot • Annual lease cost equals $1,046,500 with 3% annual increases • Requires 30 -year lease arrangement • Developer may choose not to build a parking garage on the site • City is responsible for 331 spaces in a new parking garage for the lease term • City would not own the parking spaces • May require an amendment to the Seashell Development Agreement • Requires a freeze on additional public parking on South Beach that reduces the City's flexibility in providing parking spaces • Site is not contiguous to either the Seashell, Markopoulos, or other potential resort sites on the Beach IV. Recommendations A quality beach environment is a top priority established by the City Commission in its recent visioning session. The groundwork has been laid for the vision of a revitalized Clearwater Beach through Beach by Design, but we need the tools to forge ahead to create a "uniquely beautiful, economically vibrant community that re- invests in itself and is a fun place to live, learn, work and play." The City has begun its reinvestment at the Beach and the private sector has followed suit. The new Memorial Causeway Bridge is under construction, the North Mandalay Street improvements are underway, and a private developer has condominiums under construction on North Beach. Furthermore, several developers have expressed interest in properties for constructing parking garages, residential units, and retail areas. The City must garner this momentum of activity in Clearwater Beach and act decisively in shaping the way our beach will look and function in the near future. Beach Parking Strategy Report: July 2002 14 After evaluating the advantages and disadvantages, staff is recommending the following: North Beach • Proceed with the Pelican Walk Garage site, including negotiating with the owner of the site to purchase the property, subject to an updated demand analysis. As part of this implementation step, the City will need to receive updated parking demand figures for the "trade area" of the Pelican Walk Garage. The City will use these figures to create an accurate and final financial pro forma as the documentation needed for the issuance of tax exempt bonds. South Beach • Proceed with the "Interim Use" for the Marriott Seashell resort site as a temporary surface parking lot. This will require a modification to the Development Agreement with Clearwater Seashell Resort, LLC. Beach Parking Strategy Report: July 2002 15 Work session Item #: ' - Clearwater City Commission .�— Agenda Cover Memorandum Final Agenda Item # Meeting Date: o4/19/01 SUBJECT /RECOMMENDATION: Approve the applicant's request to vacate the east 35 feet of the 70 foot right -of -way of Gulf View Boulevard lying south of the westerly extension of a line 20 feet north of and parallel to the northerly lot lines of Lots 57 and 104, Lloyd- White- Skinner Sub, and lying north of the westerly extension of the southerly lot line of Lot 59 of Lloyd- White- Skinner Subdivision (AKA the south lot line of the Beach Place Motel Condo.), Section 7, Township 29 S., Range 15 E., subject to specified conditions, and pass Ordinance Number 6780 -01 on the first reading, (V2001 -06 AI -Nayem International, Inc. and Thavabalasignam), and that the appropriate officials be authorized to execute same. SUMMARY: • The applicant is proposing to use the right -of -way of Gulf View Boulevard in conjunction with adjacent properties to construct a 250 -unit hotel and parking garage pursuant to the Development Agreement between the City of Clearwater and Clearwater Seashell Resorts, L.C. This vacation was approved in concept as part of the Development Agreement which was adopted on March 1, 2001. • The City currently has sanitary sewer, storm water, water and natural gas mains in this right -of -way. • Florida Power, Time Warner Communications and Verizon Media Ventures have no objections to the vacation request. Verizon of Florida will have no objections provided that the developer bears all costs associated with the relocation of their facilities. The Clearwater Gas System has no objections to the vacation request provided that the applicant pay the cost of relocating the gas main and grants easements over the relocated facilities. • Public Works Administration recommends approval of the vacation of this right -of -way subject to seven (7) conditions: 1) The project described in the referenced Development Agreement shall be completed within three years of the effective date of this ordinance, 2) The current public use of the subject right -of -way shall be maintained until a suitable paved roadway is constructed on a dedicated street right -of -way adjacent to the subject right -of -way of a size adequate to accommodate two lanes of two way traffic capacity, 3) The Applicant shall grant easements for access to all relocated utilities prior to completion of the project, 4) All public and private utilities shall be relocated by the applicant to the approval and acceptance of the utility owners with all out -of- service utilities removed prior to completion of the project, 5) A 10 foot access easement shall be dedicated by the applicant to provide pedestrian access from Coronado Dr. to the new alignment of Gulf View Boulevard prior to completion of the project, 6) the applicant shall obtain approval from the City Commission of the final design for the South Gulfview /Beachwalk project and 7) This vacation ordinance shall be rendered null and void if any of the preceding conditions are not met. Reviewed by: Originating Dept: Costs NIA Legal Info Srvc NIA Public Works Administrlon Total .d Steve Doherty Budget NIA Public Works Funding Source: User Dept Purchasing NIA DCM /ACM NIA Current FY cl Attachments Risk Mgmt NIA Other NIA OP Ord. No. 6780 -01 Location Map Other Submitted by: City Manager Appropriation Code: Printed on recvcled pacer VACATION 2001 -06 M-Nayem/Thavabalasignam Y f J,v v ORDINANCE NO. 6780-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE EAST 35 FEET OF THE 70 FOOT RIGHT -OF -WAY OF GULF VIEW BOULEVARD, BOUNDED ON THE NORTH BY THE WESTERLY EXTENSION OF A LINE PARALLEL TO AND 20 FEET NORTH OF THE NORTHERLY LOT LINE OF LOTS 57 AND 104 OF LLOYD - WHITE- SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND BOUNDED ON THE SOUTH BY THE WESTERLY EXTENSION OF THE SOUTH LOT LINE OF LOT 59, OF SAID LLOYD - WHITE- SKINNER SUBDIVISION, (AKA THE SOUTH LOT LINE OF THE BEACH PLACE MOTEL CONDO, PLAT BOOK 65, PAGE 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA), SUBJECT TO SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, AI -Nayem International, Inc., and Thavabalasingam, owner of real property located in the City of Clearwater, has requested that the City vacate the right -of- way depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said right -of -way is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: East 35 feet of the 70 foot right -of -way of Gulf View Boulevard, bounded on the north by the westerly extension of a line parallel to and 20 feet north of the northerly lot line of lots 57 and 104 of Lloyd- White- Skinner Subdivision, as recorded in Plat Book 13, page 12 of the Public Records of Pinellas County, Florida and bounded on the south by the westerly extension of the south lot line of lot 59, of said Lloyd- White- Skinner Subdivision (AKA the south lot line of The Beach Place Motel Condo, Plat Book 65, Page 13, of the Public Records of Pinellas County, Florida), closed and released and the City of Clearwater releases all of its right, title and interest thereto, contingent upon the following conditions: 1. The project described within the Development Agreement between the City of Clearwater and Clearwater Seashell Resort, L.C. shall be completed within three years of the effective date of this ordinance. Ordinance No. 6780 -01 � C 5 I 2. The public vehicular and pedestrian use of the subject right -of -way shall be maintained until such time as a suitable paved roadway is constructed on a dedicated street right -of -way to the west of the subject right -of -way to accommodate two lanes of two way traffic capacity. 3. Easements shall be dedicated to provide adequate access to all relocated utilities. 4. All public and private utilities shall be relocated by Clearwater Seashell Resort, L.C. to the approval and acceptance of the utility owners with all out of service utilities removed prior to completion of said project. 5. The Clearwater Seashell Resort, L.C. shall obtain approval from the City Commission of the final design for the South Gulfview /Beachwalk project. 6. A 10 foot public access easement shall be dedicated to provide pedestrian access from Coronado Drive to the new alignment of Gulf View Boulevard, and 7. This vacation ordinance shall be rendered null and void if any of the preceding conditions are not met. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: 4an'ne* Hayma Assistant City Attorney Brian J. Aungst Mayor- Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6780 -01 EXHIBIT "A" scale 1 = 50' This is aet a survey 219 55 ioz 56 m 103 229 0 / 57 Requested Vacation Of Righ t —of— ay 104 w 230 THIRD STREET 0 301 cz z THE 0 o BEACTI 1os PLAC E ... ... . .. . .. ..... . ...... o MOTEL CONDO 65--13 CITY OF CLEARWATER,, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING VACATION REQUEST VAC2= -as p� CITY OF CLEARWATER. FLORIDA orcm n AL —NAYEM INTERNATIONAL, INC. am ,ff PUBLIC WORKS AMUMSTRATION � TMAVABALASINCAM � �°p �r os�oe/ zoo+ 229 do 301 S. GULF MEW BLVD. 7.6 -ms-l5E ENGIIIEERIIdG 2m 300 CORONADO DRIVE 6780-M )bG i' II CITY OF CLEARWATER - ENGINEERING SERVICES ,FORM NUMBER 1311 -0104 100 SOUTH MYRTLE AVENUE - ROOM 211 P.O. BOX 4748, CLEARWATER, FL. 33758 -4748 PH. (813) 562 -4750, FAX (813) 562 -4755 V A C A T I O N R E Q U E S T F I L I N G F O R M 1. NAME OF APPLICANT OR DESIGNATED REPRESENTATIVE: NEE • Jim Egnew (Rep) PHONE: 727- 734 -1966 ADDRESS: 748 Broadway X6202, Dunedin, Florida 34689 HEREBY PETITION THE CITY COMMISSION OF THE CITY OF,CLEARWATER FOR THE VACATION OF THE FOLLOWING: F-1 EASEMENT TYPE: FALLEY Fx] RIGHT -OF -WAY F] OTHER 2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED, IE: IF IT IS A PORTION OF AN EASEMENT, DESCRIBE WHICH PORTION, IF IT IS AN ALLEY, DESCRIBE FROM WHERE TO WHERE OR WHAT LOT /S IT ABUTS, IF IT IS A RIGHT -OF -WAY DESCRIBE HOW MUCH TO BE VACATED. E 1/2 Gulfview Boulevard (35'),_located west of and abutting: Lot 58 and Lot 59 Lloyd- White- Skinner subdivision; west of and abutting 3rd Street, and west of and abutting lot 57 Lloyd- White- Skinner subdivision. 3. STREET ADDRESS OR SIMPLE LOCATION: 229 Gulfview Boulevard 301 Gulfview Boulevard '300 Coronado Drive 4. 5. PROPOSED USE OF VACATED PROPERTY: Z5� Implementation of Beach �X Design plan; construction of.36$"room hotel and parking garage to serve hotel and public parking. ZONING OF ADJOINING PROPERTY: Tourist Facilities pl� JAN 1 2 2001 FILE` VACATION REQUEST FORM REVISED FILLING FORM•ENG 1 1 08/13/97 `„' Printed M recvded Pow PAGE 1 OF 3 r •' n 6.ATTACHMENTS: E X LAND SURVEY OF PROPERTY IS REQUIRED IF THIS VACATION INVOLVES AN EXISTING ENCROACMMNT. X DRAWING SHOWING PROPOSED USE OF VACATED PROPERTY (SURVEY, PLOT PLAN, ETC.) X FILING FEE PER ORDINANCE N0. 5969 -96; $500.00 FOR A RIGHT -OF -WAY / ALLEY OR $400.00; FOR AN EASEMENT THE FOLLOWING LETTERS OF NO OBJECTION ARE REQUIRED: (LIST OF CONTACT PERSONS FOR THE UTILITIES IS ATTACHED) X FLORIDA POWER CORPORATION X GENERAL TELEPHONE COMPANY X GTE - AMERICAST X TIME WARNER CABLE OTHER 7. NAME AND ADDRESS OF PROPERTY OWNER (PLEASE PRINT) NAME: — Kandiah Ponnthurai Thavabalasinaam PHONE: (727) 442 -6714 ADDRESS: 301 S. Gulf Boulevard, 0earwater. FL 33767 8. OWNERS SIGNATURE � cy. ��ta•�.r, STATE OF FLORIDA) COUNTY OF PINELLAS) The foregoing instrument was acknowledged before me this 11th day of Jan, 2000, by Kandiah Ponnthurai Thavabalasingam , who is personally known to me ev w d as irdextiftcatnEm and who .d-i-6 (did not)- take an oath. Notary Public, Commission No. , L. La �T/ Lawton .� aye .••••. 1pbf%me of Notary typed, printed or stamped). # C 2790214 ; o 99 • T Bonded ih� .�O � . FILE - VACATION REQUEST FORM REVISED FILLING FORM.ENG 08/13/97 Prin"d on n•orded peas, PAGE 2 OF 3 Z0d LEE *ON 606096LLEL <- ddWUI 9NI633NISN3 ONIA 60:0T TO/TT/TO t S it Y CITY OF CLEARWATER - ENGINEERING SERVICES FORM NUMBER 1311 -0104 100 SOUTH MYRTLE AVENUE - ROOM 211 ' P.O. BOX 4748, CLEARWATER, FL. 33758 -4748 PH. (813)562 -4750, FAX (813)562 -4755 V A C A T I O N R E Q U E S T F I L I N G F O R M 1. NAME OF APPLICANT OR DESIGNATED REPRESENTATIVE: NAME: Jim Egnew (Rep) PHONE: 727 - 734 -1966 ADDRESS: 748 Broadway 420(2:, Dunedin, Florida 34689 HEREBY PETITION THE CITY COMMISSION OF THE CITY OF CLEARWATER FOR THE VACATION OF THE FOLLOWING: F-1 EASEMENT TYPE: 1-1 ALLEY Fx1 F] RIGHT -OF -WAY OTHER 2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED, IE: IF IT IS A PORTION OF AN EASEMENT, DESCRIBE WHICH PORTION, IF IT IS AN ALLEY, DESCRIBE FROM WHERE TO WHERE OR WHAT LOT /S IT ABUTS, IF IT IS A RIGHT -OF -WAY DESCRIBE HOW MUCH TO BE VACATED. E 1/2 Gulfview Boulevard (35'),:_located west of and abutting: Lot 58 and Lot 59 Lloyd- White- Skinner subdivision; west of and abutting 3rd Street, and west of and abutting lot 57 Lloyd- White- Skinner subdivision. 3. STREET ADDRESS OR SIMPLE LOCATION: 229 Gulfview Boulevard 301 Gulfview Boulevard -300 Coronado Drive 4. PROPOSED USE OF VACATED PROPERTY: Implementation of Beach hX Design plan; construction of 300 room hotel and parking garage to serve hotel and public parking. 5. ZONING OF ADJOINING PROPERTY: Tourist Facilities FILEti VACATION REQUEST FORM REVISED FILLING FORM.ENG 08/13/97 CJ p,;,,t� a rewded oeoer PAGE 1 OF 3 6.ATTACRENTS: X LAND SURVEY OF PROPERTY IS REQUIRED IF THIS VACATION INVOLVES AN EXISTING ENCROACHMENT. X DRAWING SHOWING PROPOSED USE OF VACATED PROPERTY ( SURVEY, PLOT PLAN, ETC.) X FILING FEE PER ORDINANCE N0. 5969 -96; $500.00 FOR A RIGHT -OF -WAY / ALLEY OR $400.00i FOR AN EASEMENT THE FOLLOWING LETTERS OF NO OBJECTION ARE REQUIRED: (LIST OF CONTACT PERSONS FOR THE UTILITIES.IS ATTACHED) X FLORIDA POWER CORPORATION X GENERAL TELEPHONE COMPANY X GTE - AMERICAST X TIME WARNER CABLE OTHER 7. NAME AND ADDRESS of PROPERTY OWNER (PLEASE PRINT) NAME: �Al-Nayem Int' l Incorporated PHONE: (727) 447 -3607 ADDRESS: 229 Gulf Boulevard, Clearwater, FL 33767 8. OWNERS SIGNATURE )C STATE OF FLORIDA) COUNTY OF PINELLAS) The foregoing instrument was acknowledged before me this 11th day of Jan, 2000, by Dong Hoon Choe, as VP of Al -Nayem Int' l Inc♦ who is personally known to me -er-• and who did -(did notl take an oath. Notary Public, Commission No. Jayn L: Lawton •��SSIONFp•. �� (Name of Notary typed, printed or stamped). `� 1� �. �� L* N• : • - Z : #CC790214 ; oZ Z 9 • t �ndedm e��e•: COQ` FILE — VACATION REQUEST FORM REVISED FILLING FORM.ENG Oe/13/97 rouvr+se pftw PAGE 2 OF 3 Z06 21E2 1 01 J 606096LLZL E• bdWU1 ON I 833N I JN3 9N I >I 6111:1-11 TO/TT/TA BEACH PLACE MOTEL* Lots 58 and 59, of THE LLOYD -WHITE SKINNER SUBDIVISION, as recorded in Plat Book 13, Pages 12 and 13, of the Public Records of Pinellas County, Florida. * Note: The above property is currently subject to a condominium plat indicating that the referenced property is platted as motel condominium units. The condominium plat will be terminated as of closing, and the above stated legal description will remain the legal description of the property. 11 3M Mr. Steve Doherty, Engineer I City of Clearwater Public Works Department 100 S. Myrtle Avenue Clearwater, Florida 33756 -5502 Dear Mr. Doherty: PRIME INTERESTS I am the representative for the applicants requesting vacation of GulNiew Boulevard north and south of Third Avenue on Clearwater Beach. I have learned through our engineering agent, King Engineering, that you have requested that our application for vacation of Gulfview Boulevard be amended to provide a correct legal description of our request. Please consider this letter as my request to amend our application as follows: 2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED, IE, IF IT IS A PORTION OF AN EASEMENT, DESCRIBE WHICH PORTION, IF IT IS AN ALLEY, DESCRIBE FROM WHERE TO WHERE OR WHAT LOT /S IT ABUTS, IF IT IS A RIGHT -OF -WAY DESCRIBE HOW MUCH TO BE VACATED. The east 35.00 feet of a 70.00 foot right -of- -way of Gulfview Boulevard being bounded on the north by the westerly extension of the north line of the south 20 feet of Lot 56 and Lot 103 and on the south by the westerly extension of the south property line of Lot 59. Thank you for your cooperation in this matter. If I can be of any further assistance, please contact me. Additional questions regarding this vacation request may be directed to Ms. Chris Papandreas at King Engineering Associates, 813 880 -8881. ours Trul im Egn 748 BROADWAY SUITE 202 DUNEDIN, FL 34698 727 734 -1966 FAX 727 - 733 -8634 LOT 9 I � A7 I s,. 1 SET NAIL LB /2610 I 1 1 1 � I LOT 10 0 1 0 I ° 1 1 0 el �I KI q! Ig 8 W IS I ' ' W _ .•�. -. LOT Z I .•. �I FD N o1 Disk N APPROXWATE NEW LOT 103 to O 0 COASTAL CONSTRUCTION CONTROL LINE 1 z LOT 11 1 (FOR INFORMATIONAL PURPOSES ONLY) c SET NAIL 9__ Of DISK LLB 12610 I J 20 10 0 20 1 J - SCALE N FEET Z 1 _ - --4 ' I p K V I m IQ 1 3 W Re'1 • 11IlAHD Bu91E_5S MMMFR Block Wad c o LOT 12 � R/f • NWT -4 -WVY 1 8 � 1 I= 1 FJ.R. 1/2' 1 1 1 U 1 R LOT -12 1/2 I i I I ' I LOT 1 ' 3 Baer 1 SET NAIL & DISK 1 LB n6IO I 1 1 — J I Con Sat ( Motd 1 S1ed I d I 1 F.I.R. 5, I LB /388! 0 el �I KI q! Ig 8 W IS I 3 8s au7• E 245.00' (M E 210.00' 0 ) South Line of Lot 56 ; —�- South Line 0 - - -- -i--- -- Lot 103 1 ; LOT 57 I LOT 104 i 1 ' 1 1 ' I (P) 0'06'33' 6017.5j t ; i 1 ,K-t/2' �N 84'31'47"W 210.Op' (M Ocr to `�HIR_p AVENUE. TO BVAC_ A 210 OW 84'31'47 "W 210�t�0' M \ \y \ / � 1 FAX LOT 58 / I LOT 105 �I 1 APPRO)OMATE NEW / 1 COASTAL CONSTRUCTION CONTROL NNE (FOR gNFORYAl10NAL PURPOSES ONLY) 1 - ' ----- --- 1 ' 1 - -- 1 ; ; I W3•HOOM WALL k LANYL SONG LOT 59 1 ' 1 Canc. ; I gob ; LOT 106 Metal S�'47'4s'E Shed N 82'52'34"W / 10.00 (P) F.C.M. 4'xs' 145.16' (M) j� 1 -Story z ^6'-- -- Wood Gorage Norio -linNi o1 zif 10 art LOT 107 8236'33"W N 82-3r19'W IBD,O.(P) Part LOT. 107 F.CJL 1 -Story Wand Coro9e LOT 60 I SEE DETAIL S.LR to od In og 8 �St �ry N � N� 0 z 3o1.a SET MAIL LLB /2610 i i 2• CURB (T1'P1CAL) P. C_ 1 of G Nr 1 I 1 1 I I I FWD Noil & Disk 1/— LB/3889 1_,. F.I.R. 5/8'LB /3889 — 1.32' West FiR 1/2' Set 3/8' LB/Y610 1 ? 1 ' ' C Y (P) 1'39'4B' rJaLac 6017.52 .•�. -. LOT 56 0'08'3r O FD N o1 Disk APPROXWATE NEW LOT 103 Q Z ` COASTAL CONSTRUCTION CONTROL LINE --- -- (FOR INFORMATIONAL PURPOSES ONLY) c 1 I J 20 10 0 20 N - SCALE N FEET 1 ' K LEGEND 1 _ -_ 6' Nigh � I Re'1 • 11IlAHD Bu91E_5S MMMFR Block Wad c It . DIXIm E 3 8s au7• E 245.00' (M E 210.00' 0 ) South Line of Lot 56 ; —�- South Line 0 - - -- -i--- -- Lot 103 1 ; LOT 57 I LOT 104 i 1 ' 1 1 ' I (P) 0'06'33' 6017.5j t ; i 1 ,K-t/2' �N 84'31'47"W 210.Op' (M Ocr to `�HIR_p AVENUE. TO BVAC_ A 210 OW 84'31'47 "W 210�t�0' M \ \y \ / � 1 FAX LOT 58 / I LOT 105 �I 1 APPRO)OMATE NEW / 1 COASTAL CONSTRUCTION CONTROL NNE (FOR gNFORYAl10NAL PURPOSES ONLY) 1 - ' ----- --- 1 ' 1 - -- 1 ; ; I W3•HOOM WALL k LANYL SONG LOT 59 1 ' 1 Canc. ; I gob ; LOT 106 Metal S�'47'4s'E Shed N 82'52'34"W / 10.00 (P) F.C.M. 4'xs' 145.16' (M) j� 1 -Story z ^6'-- -- Wood Gorage Norio -linNi o1 zif 10 art LOT 107 8236'33"W N 82-3r19'W IBD,O.(P) Part LOT. 107 F.CJL 1 -Story Wand Coro9e LOT 60 I SEE DETAIL S.LR to od In og 8 �St �ry N � N� 0 z 3o1.a SET MAIL LLB /2610 i i 2• CURB (T1'P1CAL) P. C_ 1 of G Nr 1 I 1 1 I I I FWD Noil & Disk 1/— LB/3889 1_,. F.I.R. 5/8'LB /3889 — 1.32' West FiR 1/2' Set 3/8' LB/Y610 1 ? 1 Irru IY ±'RP710N: CA01p1 RORIDA BE1NC YCRE PAR/1GJLARY DESCRIBED AS FOLIO S1S7• PNEIUS LOT 57, LOT 104. THE SWIM 20.00 FEET OF LOT 60. AND THE SGI1M 20.00 FEET OF LOT HA O THE LLOYD- WIE- SKMOEJR SUBDIVISION. AS RECORDED N PLAY BOON 13, PACE 12, OF INE PUBLIC RECORDS OF PRIEIIAS COUNTY, FLORIDA LOGEIHER MM LOT tOS, LOT 106, AS RECORDED N HALF PLAT BOOK 13• PACE OF 11019- R7+17E- SO1lER F pealLRON. THE F4JaIC RECORDS OF PWEILILS COUNTY. FLORIDA AS TOGETHER RECORDED N PLAT BOOK 13. PAGE 17. OF THE PUBLIC RECORDS OF MCIAS . COUNTY. FLORIDA. TOGETHER WM THAT PORTKN O tJIM AVENUE NUE A �T FOOT -OF N� LAS � BE VACATED. BONG BOUNDED ON CORONADO DRIVE. AND.ON TIE WEST BY M EAST WW--OF-WAY LINE OF GULF VEW BOULEVARD. ON THE WORM BY THE SDU7N PROPERTY UK OF LOT 57 AND LOT 104. AND TIE 5011TH BY THE NORTH PROPERTY LINE OF LOT 56 AND LOT 106, TOGE1HEER MM THE EAST 3SOD FEET OF A 70.00 FOOT RIGHT-OF-WAY OF GIEF VIEW BOMREVARD TO BE VACATED, 9GUMXD ON THE NORTH BY THE MESTERLY ON lHE S" BY THE WESIE%Y EX7ENS10N OF SOUTH LINE OF LO 59. MO CONTAINING 1.63 aces MON 10-1 e1ar4 c New. aNMXM'S INDIES: I. NO ExG1V� G= M Sy1CTTUUREES. OR�F AAM NTS E 2. EASEMENTS OF RECORD AND OTHER MATTERS OF SURVEY 1HAT ARE LISTED N 9OEDNILE 'B'. SECTION 2 OF OLD REFUSING NATIONAL TITLE INSURANCE COMPANY COMMITMENT NUMBER CA- 473745, EFFECTIVE DATE NOVEMBER 30, 1999. HAVE BfEH DEPICTED - THIS YAP. NO datSPWN� FURNISH D ro PURSUED YB DE WpE5 -O -WAY, AND/OR aKASHM' UNDERSIGNED OTHER 1HIAN 1)N76E SHOWN HEREON. E/LSENEliS OR IESiRIC110N5 6 RECORD OTHER THAN WHOSE SIOMI HEREON MAY COST. " ENGINEERNO ASSOCIATES, NC. AND CERTF ���DSuRVE CR OR OTHER MATTERS FOR NO RESPORSm1TY H AFFECTING F -WAY. o LANDS S. OTHER 7NAN UISE RECITED N INSTRUMENTS AFTECTNG WIRE ro LANDS SURVEYED OF RECORD FURNISHED TO THE SURVEYOR 3, THE SURVEY DEPICTED HEREON IS NOT INTENDED TO SHOW THE LOCATION OR DOSIE]NCE OF ANY ERAID ON AMSDICTOM AREAS. OR AREAS OF PROTECTED SPECES OF VEGETATION EITHER NATURAL OR OJLTIVAIED. MONITOR YELLS U*M Mon DOST ON STE MERE MOT LOCATED AS A PART OF DMS SURVF'F. 4. L*&M RT BEARS DE 9W MK AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWNG, SKETCH. PLAT OR MAP IS FOR 96O MATOM PURPOSES ONLY AND IS NOT YHA. S ANY RE -USE OF THIS SURVEY FOR PURPOSES OTHER THAN *KH IT WAS • SOI MTTH10m uADLI'OTY YTo iNE girwyYOR. HFIVIN SMALL BE CONSTRUED W GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED 10. 9. RINGS 540MN HEREON EON ARE BASED ON THE CEITFRE➢E OF 7HIR0 AVENUE MMW SEARS NS411'4r1L 7. LAST DATE OF FEI.O SURVEY: 1/06/01• . 0. THE SUS ECT PARCEL DEPICTED HEREON LIES W1MN FLOOD M AE. AWIG t A BASE FLOOD ELEVATION OF 11.00 L 12011 FEET (RVERDICE 10 THE GEODETIC VERTICAL DATUM OF 19291 AS SHOWN ON FEDERAL EMERGENCY Na AG oAGE AGENCY FLOW INSUN p E7E: ATE +9. 1� UNITY PANEL 9. THERE ARE PHYSICAL MpROVCNEXTS ON THIS SITE M#ON MERE NOT LOCATED AT O*tERS REQUEST. 10. PARCEL IS OAMEJITLY SJg,ECT TO 'THE BEACH RACE MOTEL A CANDOMHIUM' AS RECORDED N CONDOMINIUM PLAT BOOK 65 PAGE 13 THROUGH 17 OF THE PUBLIC RECORDS OF PAELLAS CONTY. FLORIDA 11. SAID PARCEL MEETS OR DOOM THE REOl IKWNTS FOR ACCURACY AS SET FORM N THE MINIMUM TEOW -AL STANDARDS (GIC17 -6 FAC) AS 'COLWEROAL/MIG H IM' SURVEY. MG, ENGINEERING ASSOCIATES. CERTIFICATE OF ANNOm TION Na LB 2610 ALLAN F. 03 —UNIL P91 FLORIDA LICENSE - 14M �. 4NI 1EMOPoAL 1eg1eAY ONE wwcmft EN1ER,SA 300 Marriott Resort Development BOUNDARY SURVEY FAX 613•e6a•ee6l Clearwater Beach �. » FAX eu •ee0 •11eex �+ •"� ElYCPII.4ECIit1b4C: _ ASSOCIATES, lmc . f wa ►aka m N I - O U O FD N o1 Disk 0 LB/389 Q Z ` 0O --- -- U 1 20 10 0 20 N - SCALE N FEET ' LEGEND 1 _ -_ P.S1L • RiOF[S9ONN 9UR " AID MIPPtR C4 Re'1 • 11IlAHD Bu91E_5S MMMFR It . DIXIm E N R/f • NWT -4 -WVY 1 FOIL • ran RON NO 1 f- . FBAD R.11 PPE SLR O . SET I/Y I= NCO a GIP Laplo FJ.R. 1/2' 1 FJ MS. MU40 laGNmx MOAADn (P). eL R NG WAIUE FOR KOXIM RAT (D)- II "AISIANGE PER BOO 0[Sm"m (M). NAISIC/Gmma RR FWD MEAVUR w Irru IY ±'RP710N: CA01p1 RORIDA BE1NC YCRE PAR/1GJLARY DESCRIBED AS FOLIO S1S7• PNEIUS LOT 57, LOT 104. THE SWIM 20.00 FEET OF LOT 60. AND THE SGI1M 20.00 FEET OF LOT HA O THE LLOYD- WIE- SKMOEJR SUBDIVISION. AS RECORDED N PLAY BOON 13, PACE 12, OF INE PUBLIC RECORDS OF PRIEIIAS COUNTY, FLORIDA LOGEIHER MM LOT tOS, LOT 106, AS RECORDED N HALF PLAT BOOK 13• PACE OF 11019- R7+17E- SO1lER F pealLRON. THE F4JaIC RECORDS OF PWEILILS COUNTY. FLORIDA AS TOGETHER RECORDED N PLAT BOOK 13. PAGE 17. OF THE PUBLIC RECORDS OF MCIAS . COUNTY. FLORIDA. TOGETHER WM THAT PORTKN O tJIM AVENUE NUE A �T FOOT -OF N� LAS � BE VACATED. BONG BOUNDED ON CORONADO DRIVE. AND.ON TIE WEST BY M EAST WW--OF-WAY LINE OF GULF VEW BOULEVARD. ON THE WORM BY THE SDU7N PROPERTY UK OF LOT 57 AND LOT 104. AND TIE 5011TH BY THE NORTH PROPERTY LINE OF LOT 56 AND LOT 106, TOGE1HEER MM THE EAST 3SOD FEET OF A 70.00 FOOT RIGHT-OF-WAY OF GIEF VIEW BOMREVARD TO BE VACATED, 9GUMXD ON THE NORTH BY THE MESTERLY ON lHE S" BY THE WESIE%Y EX7ENS10N OF SOUTH LINE OF LO 59. MO CONTAINING 1.63 aces MON 10-1 e1ar4 c New. aNMXM'S INDIES: I. NO ExG1V� G= M Sy1CTTUUREES. OR�F AAM NTS E 2. EASEMENTS OF RECORD AND OTHER MATTERS OF SURVEY 1HAT ARE LISTED N 9OEDNILE 'B'. SECTION 2 OF OLD REFUSING NATIONAL TITLE INSURANCE COMPANY COMMITMENT NUMBER CA- 473745, EFFECTIVE DATE NOVEMBER 30, 1999. HAVE BfEH DEPICTED - THIS YAP. NO datSPWN� FURNISH D ro PURSUED YB DE WpE5 -O -WAY, AND/OR aKASHM' UNDERSIGNED OTHER 1HIAN 1)N76E SHOWN HEREON. E/LSENEliS OR IESiRIC110N5 6 RECORD OTHER THAN WHOSE SIOMI HEREON MAY COST. " ENGINEERNO ASSOCIATES, NC. AND CERTF ���DSuRVE CR OR OTHER MATTERS FOR NO RESPORSm1TY H AFFECTING F -WAY. o LANDS S. OTHER 7NAN UISE RECITED N INSTRUMENTS AFTECTNG WIRE ro LANDS SURVEYED OF RECORD FURNISHED TO THE SURVEYOR 3, THE SURVEY DEPICTED HEREON IS NOT INTENDED TO SHOW THE LOCATION OR DOSIE]NCE OF ANY ERAID ON AMSDICTOM AREAS. OR AREAS OF PROTECTED SPECES OF VEGETATION EITHER NATURAL OR OJLTIVAIED. MONITOR YELLS U*M Mon DOST ON STE MERE MOT LOCATED AS A PART OF DMS SURVF'F. 4. L*&M RT BEARS DE 9W MK AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWNG, SKETCH. PLAT OR MAP IS FOR 96O MATOM PURPOSES ONLY AND IS NOT YHA. S ANY RE -USE OF THIS SURVEY FOR PURPOSES OTHER THAN *KH IT WAS • SOI MTTH10m uADLI'OTY YTo iNE girwyYOR. HFIVIN SMALL BE CONSTRUED W GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED 10. 9. RINGS 540MN HEREON EON ARE BASED ON THE CEITFRE➢E OF 7HIR0 AVENUE MMW SEARS NS411'4r1L 7. LAST DATE OF FEI.O SURVEY: 1/06/01• . 0. THE SUS ECT PARCEL DEPICTED HEREON LIES W1MN FLOOD M AE. AWIG t A BASE FLOOD ELEVATION OF 11.00 L 12011 FEET (RVERDICE 10 THE GEODETIC VERTICAL DATUM OF 19291 AS SHOWN ON FEDERAL EMERGENCY Na AG oAGE AGENCY FLOW INSUN p E7E: ATE +9. 1� UNITY PANEL 9. THERE ARE PHYSICAL MpROVCNEXTS ON THIS SITE M#ON MERE NOT LOCATED AT O*tERS REQUEST. 10. PARCEL IS OAMEJITLY SJg,ECT TO 'THE BEACH RACE MOTEL A CANDOMHIUM' AS RECORDED N CONDOMINIUM PLAT BOOK 65 PAGE 13 THROUGH 17 OF THE PUBLIC RECORDS OF PAELLAS CONTY. FLORIDA 11. SAID PARCEL MEETS OR DOOM THE REOl IKWNTS FOR ACCURACY AS SET FORM N THE MINIMUM TEOW -AL STANDARDS (GIC17 -6 FAC) AS 'COLWEROAL/MIG H IM' SURVEY. MG, ENGINEERING ASSOCIATES. CERTIFICATE OF ANNOm TION Na LB 2610 ALLAN F. 03 —UNIL P91 FLORIDA LICENSE - 14M �. 4NI 1EMOPoAL 1eg1eAY ONE wwcmft EN1ER,SA 300 Marriott Resort Development BOUNDARY SURVEY FAX 613•e6a•ee6l Clearwater Beach �. » FAX eu •ee0 •11eex �+ •"� ElYCPII.4ECIit1b4C: _ ASSOCIATES, lmc . f wa ►aka m N Vacation Number 2001 -06 Al _yem International, Inc. and Thavabalasignam V A C A T I O N R E Q U E S T P R O C E S S I N G S H E E T PLEASE REVIEW THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED FOR THE PROPERTY. INDICATE YOUR COMMENTS BELOW: REFERENCE ATLAS SHEET NO 276 -A SECTION 7 TOWNSHIP 29S RANGE 15E 1. PUBLIC WORKS ADMINISTRATION /ENGINEERING /PRODUCTION: REVIEWED AND APPROVED BY: DATE: COMMENTS: The applicant is proposing to vacate the east 35 feet of the 70 foot right -of -way of Gulf View Boulevard, bounded on the north by the westerly extension of a line 20 feet north of and parallel to the north property line of Lot 57, Lloyd- White - Skinner Subdivision, and bounded on the south by the westerly extension of the south lot line of Lot 59, Lloyd- White - Skinner (AKA the south lot line of the Beach Place Condominium). Applicant intends to develop the property with a 250 -unit motel and parking garage. The City currently has a sanitary sewer main, storm water, water and natural gas and storm -water mains in this right -of -way. Florida Power, Time Warner Communications and Verizon Media Ventures have no objections to the vacation request. Verizon of Florida will have no objection provided that the developer bears all costs associated with the relocation and maintenance of their facilities. Public Works Administration has no objection to the vacation request subject to conditions which require developer to: 1. Build project per Development Agreement within a specified time period, 2. Maintain public use of right -of -way to be vacated until replacement roadway is in place, 3. Dedicate easements for access to relocated utilities, 4. Relocate utilities with approval and acceptance by utility owners, 5. Provide a pedestrian access easement from Coronado Dr. to Gulf View Blvd., 6. Obtain City Commission approval for the final design of the South Gulfview /Beachwalk project and 7. vacation will be null and void if the preceding conditions are not met. 2. TRAFFIC ENGINEERING: REVIEWED AND APPROVED BY:- DATE: ( COMMENTS: 3. PLANNING & DEVELOPMENT: REVIEWED BY: APPROVED BY: DATE: COMMENTS: "1 1 VACATION 2001 -06 Al -Nayem Intl., Inc. and Thavabalasingam 1 VACATION REQUEST PROCESSING SHEET.ENG. - - -- REVISED 11/96 Vacation Number 2001 -06 Al , ,tyem International, Inc. and Thavabalasignam V A C A T I O N R E Q U E S T P R O C E S S I N G S H E E T PLEASE REVIEW THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED FOR THE PROPERTY. INDICATE YOUR COMMENTS BELOW: REFERENCE ATLAS SHEET NO 276 -A SECTION 7 TOWNSHIP 29S RANGE 15E 4. BUILDING INSPECTION: REVIEWED AND APPROVED BY: COMMENTS: 5. SOLID WASTE DEPARTMENT: REVIEWED BY: adK4A APPROVED BY: V10 COMMENTS: bjj ec'47- arm DATE: S/% 4/.4 J DATE: -3/Z(-101 6. GAS DEPARTMENT: REVIEWED BY:� APPROVED BY: (- DATE: COMMENTS : ,voa6Je�'�V/�?S ��Yii`v� T'/Cco f�loca7loN v� �Xlst ✓!y y�S � �hC�s is of T'l+e ow e���evolv�e!'S eA�pe'tf& and an eus""&m- i5 pfrv���d ove! Tk e 7. FIRE DEPAR REVIEWED BY:,/ APPROVED BY: DATE: it, COMMENTS: VACATION 2001 -06 Al -Nayem Intl., Inc. and Thavabalasingam 2 VACATION REQUEST PROCESSING SHEET.ENG. ---- REVISED 11/96 Vacation Number 2001 -06 Al Ayem International, Inc. and Thavabalasignam V A C A T I O N R E 0 U E S T P R O C E S S I N G S H E E T PLEASE REVIEW THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED FOR THE PROPERTY. INDICATE YOUR COMMENTS BELOW: REFERENCE ATLAS SHEET NO 276 -A SECTION 7 TOWNSHIP 29S RANGE 15E 8. POLICE DEPARTMENT: REVIEWED AND APPROVED BY: TE: ®� COMMEN S: 9. CITY ENGINEER: REVIEWED AND APPROVED BY: ` DATE: COMMENTS: ------------------------------------------------------------------ ADVERTISING DATE: / / AND PUBLIC HEARING DATE: COMMISSION ACTION: - - -- APPROVED - - -- CONTINUED - - -- TABLED - - -- DENIED - - -- ORDINANCE NO. RECORDED IN 0. R. BOOK: DATE OF ADOPTION PAGE: LETTER TO PROPERTY OWNER ADVISING COMPLETION OF VACATION COMPUTER VACATION FILE: (S: \excel \vacindex.xls) VACATION 2001 -06 Al -Nayem Intl., Inc. and Thavabalasingam 3 VACATION REQUEST PROCESSING SHEET.ENG. - - -- REVISED 11/96 f ,42N, Location Map NORTH AL-NA YFmEv7 wA77ONA4 INC Scale 1320' YHA VABAL 4SEVG" 229 &301 S. GULF EWBLVD., 3010 CORONADO DRIVE CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING m D. qNa VACATION REQUEST V � Ica® or AL —NAYEM INTERNATIONAL, INC. ow THAVABALASINGAM tar t OA /be/2X m 229 & 301 S GULFVIEW BLVD. t zts-t 778A 300 CORONADO DRIVE 67 EXHIBIT "A" scale 1 a = 50' This is aet a survey jJ 2>9 55 56 102 03 z29 57 Requested Vacation Of Right —of— oy 104 5 Tr11R0 301 THE � BEACH PLACE o MOTEL CONDO 65 -13 6EA CITY OF CLEARIIATER, nDRIDA PUBLIC WORKS AD�TRATION ENGINEERING ,230. STREET 300 105 0 0 Z 0 0 U 0 CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING PAW OV l VACATION REQUEST VA ma on rc® By AL -NAYEM INTERNATIONAL, INC. sm so THAVABALASINGAM 2 O•. A)812= 229 do 301 S. GULFMEW BLVD. 7,e -m-i awr- 07" 300 CORONADO DRIVE Utilities Map Al -Napem Intl. Ins ?liavabalasmgam NORTH 229& 301 S. GulfvlewBlvd., 300 Coronado Ave. scale 1» _ loo' 6 0 1� 53 99 r 3.20 2.42 7 54 100 !4 J O 3 m 101 O '-t: 55 LIJ _ 102 4 E-4 i 10 11 12 3 TH/RD me r 4.94 —3.85 1 cv itD co ir STREET 53 1A i i it �A CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING DJQW VACATION REQUEST VAc2m—os xo® sr AL —NAYEM INTERNATIONAL, INC. 27 SD THAVABALASINGAM 3 of 6 CAN ger -nv-an 1/05/2= 229 do 301 S. GULFVIEW BLVD. 7,6 -295 -181 276A 300 CORONADO AVENUE 078" Utilities Map AI Nayem Intl. � jh 2avablastn NORTH 229& 301 S. GulfWewBlvd, 300 Coromdo Ave Scale 1" = 100, sbolm I CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING mm w Djow VACATION REQUEST � w so AL —NAYEM INTERNATIONAL, THAVABALASINGAM at /Oe/mot 229 do 301 S. GUL"EW BL 300 CORONADO AVENUE v mar 40F6 mcr- r.s� -wo Utilities Map J 1Vayem Intl. Inc. Thavabalasln NORTH 229 & 301 S. GuZrwew Blvd, 300 Coronado Ave. ale 1" _ 100' water 8 ^` w W 4-1 m� W � J Li] m 6 Lu N � 0 u- p J THIRD 8 4 (96) 6" STREET F2 1 O 10 O p U) Q Z M Oz LJLJ M Q� O Q a 2 "Galy. v E Casing 6" CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING VACATION REQUEST vACm 02 ,m M° o.aNC —os WED= e, AL —NMEM INTERNATIONAL, INC. gler SD THAVABALASINGAM s e DAN sw-nfip-mc 03/06/2= 229 & 301 S. GULFVIEW BLVD. 7,e -29s —m am # 276A 300 CORONADO AVENUE e780�Ot Wei H � o � z�z �1 z 2 216 Y 1 13224 > 53 c\2 O Of 225 I 229 57 104 1229 1 � � � 228 230 � 2 230 � Utilities Map THIRD 70 Al -1Va -Y �� STREET CD j Thavabalasia NORTH 229 &.301 S. Gub ewBlvd, 300 Coronado Ave. Scale 1" 100' CD BEACH PLACE TEL 301 1 Co 300 53 99 Cp�p 106 w 54 01100 > 215 z1� �..a 218 ° ° Q %9d co 219 55 �"+ 10 2 zz> 4 .1 Wei H � o � z�z �1 z 2 216 Y 1 13224 > 53 c\2 O Of 225 I 229 57 104 1229 1 � � � 228 230 � 2 230 � z� lA 3 >,9 � 2A CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING NA pNG VACATION REQUEST VAOma toot"m -00 oco® er AL —NAYEM INTERNATIONAL, INC. war SD THAVABALASINGAM a OF 6 CAW W.Cr -rNV4M 03/0e/2= 229 & 301 S. GULFVIEW BLVD. 7.e -2rS m 27" 300 CORONADO AVENUE 8 w THIRD 70 301 STREET CD j THE 105 300 CD BEACH PLACE TEL 301 1 Co 300 6 0 Cp�p 106 W 65_3 304 p 305 2 11 ° 305 60 Q Z 309 0 309 3 _ 3 108 312 11 61 0 v 0 315 10 9 316 315 4� 316 319 62 110 320 317 5 ;2� 2 z� lA 3 >,9 � 2A CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING NA pNG VACATION REQUEST VAOma toot"m -00 oco® er AL —NAYEM INTERNATIONAL, INC. war SD THAVABALASINGAM a OF 6 CAW W.Cr -rNV4M 03/0e/2= 229 & 301 S. GULFVIEW BLVD. 7.e -2rS m 27" 300 CORONADO AVENUE 8 A' Q� e F e �a j WE m �u W 2 D ` o mm < El ec a HI 0 I"'I ►�- a �oJ e ►4 > F• 3: Y ` N O O Q r, U• n z • nc • w MRM III• nDnDA W— - Afft—c -,1 79178641 iZ O.A. 4 9 3 0 PLGE � 91 Inbentum, Made t s /5/.4 day of August , ,q, A 19 79 �71 VOA 1 I ...0 0...I u..+.N..: w ... d ... r-r.. A" Wr.i. IIPtweett GLASS HOUSE OF CLEARWATER, INC., lion e=stin under the laws of the State of Florida having eEs principal p�e of business in the County of Pinellas and State of Florida party of the first part, and AL -NAYEM INT'L INCORPORATED, a Florida corporation, whose mailing address is 229 Gulf View Boulevard,.Clearwater Beach, FL 3353 of the County of Pinellas and State Of Florida party of the second part, Mit"SSpfh that the s party ofj the JJ��rat �� or a } �onsederation of the sumo TEN DOLLARS AND OTHER VALUAflLF. CON S'IfDERAOIS.._---- M•MP,T1 to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part forever, the following described land, situate, lying and being in the County of Pinellas , State of Alorida, to wit: South 20 feet of Lot 56, all of Lot 57, South 20 fEet of Lot 10S, all of Lot 104 `and Lot 105 of LLOYD- W111TE- SKINNER SUBDIVISION, according to the plat thereof as recorded in Plat gook 13, page 12, Public Records of Pinellas County, Florida. III PEA �e i� Lot 106 'and the Northerly 1/2 of Lot 107 of LLOYD- WHITE- SKINNER SUBDIVISION, according to Plat thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida (CONTINUED ON REVERSE SIDE) And the said. party of the flrst part does hereby fully uxernant the title to .raid land, and will defend the same against the lawful claints of all persons whomsoever. 7111 Olttletiii 101jerPltf, the said party of the /fret part has caused these presento to be sinned in its name by its President, and its corporate soot to be aflUed, attested by its the day and year above written. .4ttest: By G QI s'�r DONG HOON CHOE, Atttp of Moriba Ocl 19 4 21 W114 4 142701466 72 0001. 7.01 Mmmtg of Pinellas 41 3.307.80 9 20 3 31trt 01nItf That on this 4 day of August 42 .4.4 0. before me personally � aeared ONG NOON CHOE a PAUL Vo►; ;GARIS , President and Ass't Secretary respectively of GLASS.., HOUSE OF CLEARWATER, INC. _ , a enrPoratao�t under the laws of the State.of Florida , to me known to be the persons da Bribed in and who executed the foredoine conveyance to nL NAYEM INT'L INCORPORATED and severally acknowledged the execution thereof t-3 be their free act and deed as sueh'off cers, for the'uses and purposes therein mentioned; and that they antxed thereto the official seal of said. corpor({,t;ton, and the said instrument is the act and deed of said corporation. �;.';.�'' tit J. samos my sifnature ti>4a1• �al•s �e,{� C'ty of Cl ?aYwater in the County of PiieA�rsOT�1 y.,A a S f Florida, the dale and ., •Ar last aforesaid. r -��` •' - - it : i . ,i s Lam-- - ►putt nave trslt Of t1oe4 M: (ow411SION 1AIIIf M. �.� .zev.xeue aa. ula &pire ;i ' . kv 43 h A' Q� e F e �a j WE m �u W 2 D ` o mm < El ec a HI 0 I"'I ►�- a �oJ e ►4 > F• 3: Y ` N O O Q r, U• n z • nc • w MRM III• nDnDA W— - Afft—c -,1 79178641 iZ O.A. 4 9 3 0 PLGE � 91 Inbentum, Made t s /5/.4 day of August , ,q, A 19 79 �71 VOA 1 I ...0 0...I u..+.N..: w ... d ... r-r.. A" Wr.i. IIPtweett GLASS HOUSE OF CLEARWATER, INC., lion e=stin under the laws of the State of Florida having eEs principal p�e of business in the County of Pinellas and State of Florida party of the first part, and AL -NAYEM INT'L INCORPORATED, a Florida corporation, whose mailing address is 229 Gulf View Boulevard,.Clearwater Beach, FL 3353 of the County of Pinellas and State Of Florida party of the second part, Mit"SSpfh that the s party ofj the JJ��rat �� or a } �onsederation of the sumo TEN DOLLARS AND OTHER VALUAflLF. CON S'IfDERAOIS.._---- M•MP,T1 to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part forever, the following described land, situate, lying and being in the County of Pinellas , State of Alorida, to wit: South 20 feet of Lot 56, all of Lot 57, South 20 fEet of Lot 10S, all of Lot 104 `and Lot 105 of LLOYD- W111TE- SKINNER SUBDIVISION, according to the plat thereof as recorded in Plat gook 13, page 12, Public Records of Pinellas County, Florida. III PEA �e i� Lot 106 'and the Northerly 1/2 of Lot 107 of LLOYD- WHITE- SKINNER SUBDIVISION, according to Plat thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida (CONTINUED ON REVERSE SIDE) And the said. party of the flrst part does hereby fully uxernant the title to .raid land, and will defend the same against the lawful claints of all persons whomsoever. 7111 Olttletiii 101jerPltf, the said party of the /fret part has caused these presento to be sinned in its name by its President, and its corporate soot to be aflUed, attested by its the day and year above written. .4ttest: By G QI s'�r DONG HOON CHOE, Atttp of Moriba Ocl 19 4 21 W114 4 142701466 72 0001. 7.01 Mmmtg of Pinellas 41 3.307.80 9 20 3 31trt 01nItf That on this 4 day of August 42 .4.4 0. before me personally � aeared ONG NOON CHOE a PAUL Vo►; ;GARIS , President and Ass't Secretary respectively of GLASS.., HOUSE OF CLEARWATER, INC. _ , a enrPoratao�t under the laws of the State.of Florida , to me known to be the persons da Bribed in and who executed the foredoine conveyance to nL NAYEM INT'L INCORPORATED and severally acknowledged the execution thereof t-3 be their free act and deed as sueh'off cers, for the'uses and purposes therein mentioned; and that they antxed thereto the official seal of said. corpor({,t;ton, and the said instrument is the act and deed of said corporation. �;.';.�'' tit J. samos my sifnature ti>4a1• �al•s �e,{� C'ty of Cl ?aYwater in the County of PiieA�rsOT�1 y.,A a S f Florida, the dale and ., •Ar last aforesaid. r -��` •' - - it : i . ,i s Lam-- - ►putt nave trslt Of t1oe4 M: (ow411SION 1AIIIf M. �.� .zev.xeue aa. ula &pire ;i ' i O.R. 4 9 3 0 PoE ar,....; • Lot 1, Block A of COLUMBIA SUM►7IVISION N0. 2, according to Plat thereof as recorded in Plat Bogli„21, page 79, PuLlic Records of Pinellas County, Florida.• Subject to easements and restrictions of record. Tnis conveyance is subject to that certain mortgage in favor of BANK OF CLEARWATER, recorded 6/8/71 in O.R. 3557, page 195, public records of Pinellas County, Florida, with a principal balance of $53,492.79, which the Grantee herein specifically assumes and agrees to pay. This conveyance is subject to that certain mortgage in favor of JAMES A. NOVOTD1Y and MILES J: NOVOTNY, recorded 5/25/65 .n O.R. 2167, page 114; assigned 11/15/77 in O.R. 4522, pace 1460, public records of Pinellas County, Floirda, with a principal balance of $187.095.31, which the Grantee herein specifically asstunes and agrees to pay. <'+ = P - OC? 197914 .'- :. =' 9 on fl , - O.v. 1` :( t? �y - - 90C.10V en nq •C115-1 .. a `" 11CY1 6/' REVVIUE 0 -"- - - =`0' <Cn•+ = v9. 0C; 1 I9 pp n �j • J l: L li 11 .. z aq o in� s F w g o o i t _ > U " �:-•j FLOPIbA �A -- - S t S �y aq t _ > U " �:-•j FLOPIbA �A -- - S t t !, INST # 98-062522 c MAR 3, 1998 2:30PM OFF PINELLAS COUNTY .REC,BK 100p9 PG 1766 FLA. Prepared by i return toe Stephen G. Watts, Esquire MEYER & WATTS 611 Druid Road East, #107 Clearwater, Florida 34616 Parcel (Folio) Number: 07/29/15/05928/000 /0160 07/29/15/05928/000 /0170 07/29/15/05928/000 /0180 07/29/15/05928/000 /0100 - 07/29/15/05928/000 /0150 07/29/15/05928/000 /0120 07/29/15/05928/000 /0040 07/29/15/05928/000 /0080 07/29/15/0_°,923 /000/0140 07/29/15/05928/000 /0010 H REM 07/29/15/05928/000 /0020 ttsc / / °'`� 07/29/15/05928/000 /0030 DS I/ w w 07/29/15/05928/000 /0050 nrr 07/29/15/05928/000 /0060 h peBS 07/29/15/05928/000 /0070 Dowmentary Tax Pd. - '~.T F — 07/29/15/05928/000 /0090 xMarpfhle Tex Pd. Pic —C 07/29/15/05928/000 /0110 Knlmn F. D4Dbker, c v�dls,a County Rcxv �Z � 07/29/15/05928/000 /0130 ey , 04VU,y Clerk Grantee(s) s . s . # : THIS WARRANTY DEED, Made the Ja2 day of September, 1997, by BEACH PLACE MOTEL, INC., hereinafter called the Grantor, to KANDIAH PONNTHURAI THAVABALASINGAM, whuse post office address is 301 S. Gulfview Boulevard, Clearwater Beach, Florida 33767, hereinafter called the Grantee. WITNESSETH, That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land, situate in Pinellas County, State of Florida, viz: UNITS 1 THROUGH 18, THE BEACH PLACE MOTEL, A CONDOMMINIUM ' according to the plat thereof recorded in Condominium Plat Book 65, PAGE 13 THROUGH 17, inclusive, and being further described in that certain Declaration of Condominium recorded in Official Record Book 5425, Page 1761 of the Public Records of Pinellas County, Florida, together with an undivided interest or share in the common elements appurtenant thereto. i Subject to that certain mortgage between K.M. Rolewski, a married man to t 2ena Corporation dated Sept. 12,. 1991 and recorded Sept. 13, 1991 in O.R. Boo 7678,. Page 1864, Public Records of Pinellas County, Florida, the rpesent,principle / balance being $750,000.00. ga 3 ; 6 A�r���nrL,•.17' PINELLAS COUNTY FLA. OFF.REC..BK 10009 PG 1767 Together, with all the tenements, hereditaments and appurtenances theseto belonging or in anywise appertaining. To Have.and to Hold, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1996. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: witness Signature Pri=Signa"r W ns Prin ted name STATE OF FLORIDA COUNTY OF PINELLAS BEACH OTEL, INC. BY: K. KI Printed name 71x' Post Offi Address Thp foregoing instrument was acknowledged before me this /'E;� day of September, 1997, by K.M. ROLEWSKI, as President of BEACH PLACE MOTEL, INC., who is either personally known to me or who produced the following form of identification: My commission expires: Cf s My Corm�EV.7/2M01 By ~ IUKIC BMW ar SVAW Um Wo. CCV43618 . 1 t vrno,!+r wlo�w n oe. to ary ruD11c Printed notary name Y: M1. i�• 1 N .• %1. I j 1. n s, QV05/2001 15:48 727 -F6'- -5753 POWER CLWTR ENG PAGE 02 MAR 06 '01 03 : 50PM :t HorWa wer March 6, 2001 AftW*5*6MraatI PO t King Engineering t Attention: Christine Papandreas 4921 Memorial Hwy, Suite 300 Tampa, Florida 33634 i Subject: Vacation of Right -of -Way, Clearwater.. Beach Dear Ms. Papandreas: Florida Power' has no objection to the proposed vacation of Third Avenue and a portion of Gulf View Boulevard provided that the existing buildings are demolished and electric service is no longer required for these structures. Florida Powerdoes have an underground duct bank and secondary cables in the Third Avenue Right -of -Way.: We will need adequate time to adjust. our facilities prior to any construction in this Right -of -Way. If additional information or clarification is needed please call me at (727)562 -5660. Sincerely, ' Florida Power Corporation Je onrad Florida Power: P.O.Box 1699, Clearwater, Florida 33757 A Progress Energy Company 40P TIME WARMER C O M M UN I C A T I O N S Date: February 27, 2001 Re: Proposed Vacation of 3rd St (btw. Gulfview Blvd& Coronado Dr), and the East 1/2 of Gulfview Blvd. Dear Christine Papandreas, Thank you for advising us of subject proposed project / vacation/ adjustment. X Time Warner has no objection. Time Warner has no objections provided easements for our facilities are granted or retained. Time Warner has no objections provided applicant bears the expense for relocation of any Time Warner facilities to maintain service to customers affected by the proposed vacation. SEE NOTES. In order to properly evaluate this request, Time Warner will need detailed plans of facilities proposed for subject areas. _ Time Warner has facilities within this area, which may conflict with this proposed project. Please call one call for locates. Time Warner requires 30 days written notice prior to construction start date to relocate their facilities. Please refer any further correspondence and pre - construction meetings to: W. Scott Creasy at 803 -5053. Notes: The east Y2 of Gulfview Blvd to be vacated is the portion next to Lots 57 —59. Sincerely, W. Scott Creasy Field Engineer H 2530 Drew Street, Cleanoater, Florida 33765 Tel. 727.797.1818 Fax 727.431.8601 A Division of Time Warner Media Ventures Inc. 3001 Gandy Boulevard North Mail Code FLSP2140 Pinellas Park, FL 33782 Date: February 27, 2001 Re: Petition to vacate 3rd St. and E1/2 of Gulfview Blvd., Clearwater Dear: Christine Papandreas, King Engineering Associates, Inc. Thank you for advising us of the subject proposed plat / vacation of easement/R.O.W. Verizon Media Ventures, Inc. has no objection. In order to properly evaluate this request, Verizon Media Ventures, Inc. will need detailed plans of facilities proposed for the subject area. XX* Verizon Media Ventures, Inc. has facilities within this area which may conflict with the subject project. Verizon Media Ventures, Inc. has no objections provided easements for our facilities, are granted or retained as shown on the attached drawing or applicant bears the expense for relocation of any Verizon Media Ventures, Inc. facilities to maintain service to customers affected by the proposed vacation. Please refer any further correspondence and pre - construction meeting notices to: Verizon Media Ventures, Inc. Mr. Daniel Anseeuw Engineering Supervisor FLSP 2140 3001 Gandy Blvd. N. Pinellas Park, FL 33782 *Notes: Verizon Media Ventures, Inc. maintains buried facilities within the south ROW of 3rd Ave. between Gulfview Blvd. and Coronado Dr., Clearwater. Sincerely, Daniel Anseeuw �rEngineering Supervisor Verizon Media Ventures, Inc. VMV FORM `B' 8/11/00 y OSP Engineering March 5, 2001 Ms. Christine Papandreas King Engineering Associates, Inc. 4921 Memorial Highway One Memorial Center, Ste. 300 Tampa, FL 33634 ver/�On 1280 E. Cleveland St., FLCW5033 Clearwater, FL 33755 727.562.1101 727.562.1194 Fax: 727.562.9615 RE: VACATING — 229 GULFVIEW BLVD, 301 GULFVIEW BLVD & 300 CORONADO Dear Ms. Papandreas: We are in receipt of your request for information and offer the following comment(s). Verizon Florida Incorporated objects to the proposed plan due to conflict with company facilities. The applicant must arrange through this office for the relocation of Verizon Florida Incorporated facilities and bear all costs associated therewith. Upon completion of this requirement, Verizon Florida Incorporated will issue a "Letter of No Objection" to the applicant. Thank you for your cooperation with this office. Should you have any questions, please call Mike Clark at (727) 562 -1132 in the Clearwater OSP Engineering Office. Sincerely, OP1001 =1 Mike Hall Group Supervisor -OSP Engineering MH/1V 4 :bm MAR 0 6 2001 1 jl ORDINANCE NO. 6779 -01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 60 FOOT RIGHT -OF -WAY OF THIRD STREET, (AKA THIRD AVENUE), BOUNDED ON THE EAST BY THE WESTERLY RIGHT -OF -WAY LINE OF CORONADO DRIVE AND BOUNDED ON THE WEST BY THE EASTERLY RIGHT -OF -WAY LINE OF SOUTH GULFVIEW BOULEVARD: SUBJECT TO SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, AI -Nayem International, Inc., and Thavabalasingam, owner of real property located in the City of Clearwater, has requested that the City vacate the right -of- way depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said right -of -way is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: 60 foot right -of -way of Third Street, (AKA Third Avenue), bounded on the east by the westerly right -of -way line of Coronado Drive and bounded on the west by the easterly right -of -way line of Gulf View Boulevard, closed and released and the City of Clearwater releases all of its right, title and interest thereto, contingent upon the following conditions: 1. The project described within the Development Agreement between the City of Clearwater and Clearwater Seashell Resort, L.C. shall be completed within three years of the effective date of this ordinance. 2. Easements shall be dedicated to provide adequate access to all relocated utilities. 3. All public and private utilities shall be relocated by Clearwater Seashell Resort, L.C. at its own expense and to the approval and acceptance of the utility owners with all out of service utilities removed prior to completion of said project. 4. A 10 foot public access easement shall be dedicated to provide pedestrian access from Coronado Drive to the new alignment of Gulf View Boulevard. 5. The Clearwater Seashell Resort, L.C. shall obtain approval from the City Commission of the final design for South Gulfview /Beachwalk project. Ordinance No. 6779 -01 6. This vacation ordinance shall be rendered null and void if any of the preceding conditions are not met. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: ane C. Haymaii Assistant City Attorney Brian J. Aungst Mayor- Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6779 -01 Y EXHIBIT "A" scale 1p = 50' This is aat a survey >0 J m w s J c� z�9 ss 56 102 103 � zz9 57 104 Requested JV(cation Of Right —of —W 230 301 T- R THE BEACH PLACE y MOTEL CONDO 65 -13 CITY OF CLEARWATER, nDRIDA PUBLIC WORKS ADMIMSTRATION ENGNEEERING STREET 300 105 0 0 z i0 0 0 cc 0 CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING MAM or DxNc vACAnoN REQUEST Y„;--W am.D w AL -NAYEM INTERNATMAL. INC. ow m niAVABALASINGAM 2 OF e 03/06/2DM 229 & 301 S. GULFVMEW BLVD. 7.a-20S-15E 300 CORONADO DRIVE � r,► , e it Y ` CITY OF CLEARWATER _ ENGINEERING SERVICES FORM NUMBER 1311 -0104 ; 100 SOUTH MYRTLE AVENUE - ROOM 211 P.O. BOX 4748, CLEARWATER, FL. 33758 -4748 PH. (813)562 -4750, FAX (813)562 -4755 V A C A T I O N R E Q U E S T F I L I N G F O R M 1. NAME OF APPLICANT OR DESIGNATED REPRESENTATIVE: NAME: Jim Egnew (Rep.) PHONE: 727- 734 -1966 ADDRESS: 748 Broadway 4202, Dunedin.,. Florida 34689 HEREBY PETITION THE CITY COMMISSION OF THE CITY OF CLEARWATER FOR THE VACATION OF THE FOLLOWING: ❑ EASEMENT TYPE: 1XI RIGHT -OF -WAY ALLEY ❑ OTHER 2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED, IE: IF IT IS A PORTION OF AN EASEMENT, DESCRIBE WHICH PORTION, IF IT IS AN ALLEY, DESCRIBE FROM WHERE TO WHERE OR WHAT LOT /S IT ABUTS, IF IT IS A RIGHT -OF -WAY DESCRIBE HOW MUCH TO BE VACATED. Third Street, Clearwater Beach, between South Gulfview Boulevard and Coronodo Drive 3. STREET ADDRESS OR SIMPLE LOCATION: 229 Gulfview Boulevard 301 Gulfview Boulevard 300 Coronado Drive 4. PROPOSED USE OF VACATED PROPERTY: Redevelop abutting property to north and south. Right -of -way will be incorporated into building area. 5. ZONING OF ADJOINING PROPERTY: Tourist Facilities j ;� U JAN 12 2001 l� y FILEy VACATION REQUEST FORM REVISED FILLING FORM.ENG 08/13/97 Drinted m.eeveled oeoer PAGE 1 OF 3 t .6•ATTACHMENTS: X LAND SURVEY OF PROPERTY IS REQUIRED IF THIS VACATION INVOLVES AN EXISTING ENCROACHMENT. X DRAWING SHOWING PROPOSED USE OF VACATED PROPERTY (SURVEY, PLOT PLAN, ETC.) X FILING FEE PER ORDINANCE N0. 5969 -96; $500.00 FOR A RIGHT -OF -WAY / ALLEY OR $400.00 FOR AN EASEMENT THE FOLLOWING LETTERS OF NO OBJECTION ARE REQUIRED: (LIST OF CONTACT PERSONS FOR THE UTILITIES IS ATTACHED) X FLORIDA POWER CORPORATION X GENERAL TELEPHONE COMPANY X GTE - AMERICAST X TIME WARNER CABLE OTHER 7. NAME AND ADDRESS OF PROPERTY OWNER (PLEASE PRINT) NAME: Kandiah Ponnthurai Thavabalasingam PHONE: (727) 442 -6714 ADDRESS: 301 S. Gulf Boulevard. Clearwater. FL 33767 8. OWNERS SIGNATURE•Rs� STATE OF FLORIDA) COUNTY OF PINELLAS) The foregoing instrument was acknowledged before me this 11th day of Jan, 2000, by Kandiah Ponnthurai Thavabalasingam , who is personally known to me ar- w d and who AVi (did not)_ take an oath. Notary Public, Commission No. Lawton `0\a��e �� �awro41e '�w �•• 200 � r A N•*= : o #CC790214 ; o 99• l Bondedlh acm•� �OQ� ��i, p /ice. •...•!. n� ��` of Notary typed, printed or stamped). FILE - VACATION REQUEST ���Ilit1111111��� U REVISED FILLING FORM.ENG 08 13/97 W N.Tw W, remv w nom* PAGE 2 OF 3 1"y zoo L22'0N 606096LLEL f ddWdi 9NIN33NION3 9NIA 60 :0T TO /TT /TO I. , CITY OF CLEARWATER — ENGINEERING SERVICES FORM NUMBER 1311 -0104 100 SOUTH MYRTLE AVENUE — ROOM 211 P.O. BOX 4748, CLEARWATER, FL. 33758 -4748 PH. (813)562 -4750, FAX (813)562 -4755 V A C A T I O N R E Q U E S T F I L I N G F O R M 1. NAME OF APPLICANT OR DESIGNATED REPRESENTATIVE: NAME: Jim Egnew (Rep.) PHONE: 727 - 734 -1966 ADDRESS: 748 Broadway #202, Dunedin., . Florida 34689 HEREBY PETITION THE CITY COMMISSION OF THE CITY OF CLEARWATER FOR THE VACATION OF THE FOLLOWING: aEASEMENT TYPE: Fx] F-1 ALLEY F] RIGHT -OF -WAY OTHER 2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED,.IE: IF IT IS A PORTION OF AN EASEMENT, DESCRIBE WHICH PORTION, IF IT IS AN ALLEY, DESCRIBE FROM WHERE TO WHERE OR WHAT LOT /S IT ABUTS, IF IT IS A RIGHT -OF -WAY DESCRIBE HOW MUCH TO BE VACATED. Third Street, Clearwater Beach, between South Gulfview Boulevard and Coronodo Drive 3. STREET ADDRESS OR SIMPLE LOCATION: 229 Gulfview Boulevard 301 Gulfview Boulevard 300 Coronado Drive 4. PROPOSED USE OF VACATED PROPERTY: Redevelop abutting property to north- and south. into building area. Right -of -way will be incorporated 5. ZONING OF ADJOINING PROPERTY: Tourist Facilities JAN 1 2 2001 i FILE VACATION REQUEST FORM REVISED FILLING FORM.ENG 08/13/97 Printed on recycled paper PAGE 1 OF 3 Iii . 7. NAME AND ADDRESS of PROPERTY OWNER (PLEASE PRINT) NAME: Al -Nayem Intl Incorporated PHONE: (727) 447 -3607 ADDRESS: 229 Gulf Boulevard, Clearwater, FL 33767 8. OWNERS SIGNATURE X STATE OF FLORIDA) COUNTY OF PINELLAS) The foregoing instrument was acknowledged before me this 11th day of Jan, 2000, by Dong Hoon Choe as VP of Al -Nayem Int' l Inc♦ who is personally known to me-or - and who di-d- (did not take an oath. Notary Public, Commission No. i ay4 L : Lawton �4�0 �7 (Name of Notary typed, printed or stamped). :� • •.40 = y : MCC790214 ; a So ' �i�'9`.•.;YFain•Insua .�t�;� � 1�1u FILE - VACATION REQUEST LJU 7008M REVISED FILLING FORM.ENG /13/97 Pdn,d on, revydt d pacer PAGE 2 of z0p LLi ' oil 606096LLCL t- UdWUi ON I dE13N I ON3 ON I M 60 : 0 T 10/TT/T0 -6.ATTACHMENTS: X LAND SURVEY OF PROPERTY IS REQUIRED IF THIS VACATION INVOLVES AN EXISTING ENCROACHMENT. X DRAWING SHOWING PROPOSED USE OF VACATED PROPERTY (SURVEY, PLOT PLAN, ETC.) X FILING FEE PER ORDINANCE NO. 5969 -96; $500.00 FOR A RIGHT -OF -WAY / ALLEY OR $400.OQ FOR AN EASEMENT THE FOLLOWING LETTERS OF NO OBJECTION ARE REQUIRED: ' (LIST OF CONTACT PERSONS FOR THE UTILITIES IS ATTACHED) X FLORIDA POWER CORPORATION X GENERAL TELEPHONE COMPANY X GTE - AMERICAST X TIME WARNER CABLE OTHER 7. NAME AND ADDRESS of PROPERTY OWNER (PLEASE PRINT) NAME: Al -Nayem Intl Incorporated PHONE: (727) 447 -3607 ADDRESS: 229 Gulf Boulevard, Clearwater, FL 33767 8. OWNERS SIGNATURE X STATE OF FLORIDA) COUNTY OF PINELLAS) The foregoing instrument was acknowledged before me this 11th day of Jan, 2000, by Dong Hoon Choe as VP of Al -Nayem Int' l Inc♦ who is personally known to me-or - and who di-d- (did not take an oath. Notary Public, Commission No. i ay4 L : Lawton �4�0 �7 (Name of Notary typed, printed or stamped). :� • •.40 = y : MCC790214 ; a So ' �i�'9`.•.;YFain•Insua .�t�;� � 1�1u FILE - VACATION REQUEST LJU 7008M REVISED FILLING FORM.ENG /13/97 Pdn,d on, revydt d pacer PAGE 2 of z0p LLi ' oil 606096LLCL t- UdWUi ON I dE13N I ON3 ON I M 60 : 0 T 10/TT/T0 BEACH PLACE MOTEL* Lots 58 and 59, of THE LLOYD -WHITE SKINNER SUBDIVISION, as recorded in Plat Book 13, Pages 12 and 13, of the Public Records of Pinellas County, Florida. * Note: The above property is currently subject to a condominium plat indicating that the referenced property is platted as motel condominium units. The condominium plat will be terminated as of closing, and the above stated legal description will remain the legal description of the property. PRIME Mr. Steve Doherty, Engineer I City of Clearwater Public Works Department 100 S. Myrtle Avenue Clearwater, Florida 33756 -5502 Dear Mr. Doherty: INTERESTS I am the representative for the applicants requesting vacation of Third Avenue on between Gulfview Boulevard and Coronado Street on Clearwater Beach. I have learned through our engineering agent, King Engineering, that you have requested that our application for vacation of Third Avenue be amended to provide a more precise legal description of our request. Please consider this letter as my request to amend our application as follows: 2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED, IE, IF IT IS A PORTION OF AN EASEMENT, DESCRIBE WHICH PORTION, IF IT IS AN ALLEY, DESCRIBE FROM WHERE TO WHERE OR WHAT LOT /S IT ABUTS, IF IT IS A RIGHT -OF -WAY DESCRIBE HOW MUCH TO BE VACATED. Third Avenue, a 60.00 foot right-of-way to be vacated, being bounded on the east bx the west right -of -way line of Coronado Drive and on the west by the east right-of- fine of Gulfview Boulevard, on the north by the south proRpM line of Lot 57 and lot 104 and the south by the north property line of lot 58 and lot 105. Thank you for your cooperation in this matter. If I can be of any further assistance, please contact me. Additional questions regarding this vacation request may be directed to Ms. Chris Papandreas at King Engineering Associates, (813) 880 -8881. Yours Truly, J' Egnew 748 BROADWAY SUITE 202 DUNEDIN, FL 34698 727 734 -1966 FAX 727 - 733 -8634 U N co d 1 L 10 1 U C H U a) .4.A 40 U 0 U) a CM c L a3 d C Elf C W CM C Y O O tV tD O 16 0 Oi O m O C_ L F-- CIM z T L 10 TD C O 3C Q13 r•4 7 CD W cc u 1 J-- 1 LOT 9 ;< �J ' 35 -00' + N LOT 10 I 1 1 N zl '' 1 O v° LOT 11 + z SET NAIL k DISK LB /2610 O io O If) W 60 N Lr) O z 01 1M SET NAIL N' 6017.52 6017.52 C j LB /2610 LOT 56 J � I J 58 v I + O U I ID7 -j 3 H 1 W Cn COASTAL CONSTRUCTION CONTROL lNE o LOT 12 J O o n (Fdt MSORMATp1K PURPOSES dllY) U IZ . 1 ) + U t + fLOT -12 112 I 1 1 I ILOT 13 / I .. 1 I I I 1 111 I I 1 I SET NAIL Las /11/2610 vl I N' 6017.52 6017.52 �...... f LOT 56 J � OT)8'3S' LOT 58 v I t I 1 APPRO)OMATE NEW COASTAL CONSTRUCTION CONTROL LINE zz APPRO7ONATE NEw LOT 103 ' 1 COASTAL CONSTRUCTION CONTROL lNE + O o n (Fdt MSORMATp1K PURPOSES dllY) U + 1� 20 10 0 20 t 1 SCALE N FEET N 6' High 10 I •_ Block WOO o I W z S 85 e347r � 7"- E E 245.00' (A1) -- -- °------South line of lot 58 f 210.00• (P) -------------- L - -- South line 0 ---- - --- -• Lot 103 ----- - - - -1- 1 i LOT 57 I i LOT 104 1 � I t (P) 0.06.33' 6017.5= . I ' t ' 84'3147 "w 210. --� s647r3o-E 210.00• (P� (M) \ \ r n J INIKU AVENUE. TO BE VACATED / 1 ' --•,j \ [/307r 210.00' P X47 "W 210 %, I /I 1 � FIR. f O J � i LOT 58 v I t I 1 APPRO)OMATE NEW COASTAL CONSTRUCTION CONTROL LINE zz 1-- - - - - --- ---------- (FOR I/fORf1AT10NK PURPOSES OHAY) ' 1 i 1 r3HIGH WALL ; VNYL sDNG LOT 59 ' Gong i 1 Stab ) Metal Shed i •x. CUT N 82 52'34 W 145.16P) fAI l i'zi 1 DETALL NOT sQ E I WAd Sb0 F.CAL Shed 4'x4• d d "S1 -St Coro9s F.LR S/8' LOT 60 ' SEE DETAIL 8� N ONE 1CNRAN. FLORIDA • SIRE 300 TAMPA OanA 37634 PHONE 513 :00 •e661 fAI 613 060 •t6CR .E2V4Cr41y lit R1(VC.,, ASSOCIATES, INC. S.1K i i 2' CURB g O g (IYPIM) 2 W, 1 N'° In O z SET NAIL LLB 8610 P. C_ I of J Nr N 1 I I 1 I FND Nail k Disk 1� Le/3889 FJ' Set 5/111803889 2610 1.32' West FIR 1/2' Set 3 /e' L.Br�lo f _ _ LOT 105 w 1 N LOT 106 1 -Story Wood Garage th Er ine OF Lot 107= %r-----° t LOT 107 N n n5. H >'33V 3 W� '3r79'r 100.00. 0.(18' (ti() FIR 1/2' Port LOT 107 tlf1 M[M1 CE"I R. SURE r .. �..:� Marriott Resort Development Clearwater Beach > I O FND Noll Disk Q + LB {3889 zz 29.25' c + O + U + 20 10 0 20 1 SCALE N FEET N LEGEND 1 PSSL • PR6190IAl SUW*' 8 AND YIPPEE of - LICENSED wsmm SAM RhCDrMK . NO" -WHY 1 FLR a . ran RM RED + FLP. 9 . FORD ROM PIPE SM . SET 1/Y' Rw ROD R FOP tafXID N TANM PU MOM PLAT RARMO)O51ANR PDR KID IIESCAP10 i(((M)WARMGft ffAwjOISIAIQ Pot IDD KA%WW BOUNDARY SURVEY lrr•A! pE�!'RIO11Qt AOOMPN A BEHG�Y vARTIpRRAR� toE B AS 7K r. PNE11A5 FOLL0 LOT 57. LOt 101. THE SOLIM 20.00 FEET OF LOT K AND THE SOUTH 20.00 FEET Bf1`" 1311PACE 112. OF � " REDS PNE�LIAS COUNTY. TOGETHER MM LOT 105. LOT 106. AsAs RECONORTH IN PLAT BOOK 1107 . Or 1W. 12. OF LLOYD- MWTE-9OM1EN SUBOIIASIOL THE fUFAUC RECORDS 11F P+rELLAS COUNTY. FLORIDA. 70GETHM WITH 58 AND RECORDED N FLATIBOOK 13. PAGE 12EOF THE PL" RECORDS OF PINELLASAS COUNTY. FLORIDA TOGETHER MM THAT PORTION OF THIRD AVENUE A 6000 FOOT RICHT -OF -WAY TO BE VACATED. BENT BOUNDED ON IE EAST BY THE WEST RIO1T -OF -WAY LINE OF OF GULF CORONADO VIEW BOULEVARD. ON THE NORM BY THE SOUM�PROPERTY UNEAOF LOOT 57 AND LOT 104. AND THE SOUTH BY ME NORM PROPERTY LINE OF LOT 58 AHD LOT 106. TOGETHER MM THE EAST 35.00 FEET OF A 70.00 FOOT RIOrt -OF-WAY OF GULF VIEW BOULEVARD TO BE VACATED. BOLNOW ON THE NORTH BY THE WESTERLY ON THiHEESSOUTH B1BY NORTH =070712%0M u�HE �OF Lo '51L � OONTAl6Nr 1.63 orrm (71.066 qR)L "w* a IWft a fflum •c NOIESc 1. NO EXCAVATION WAS PERFORMED To VERIFY 1}E LOCATION OR EASTENCE OF ANY UNDERGROU D SpROVEAen STRUCTURES, OR FOUCIAMB41, 2. EASEMENTS OF RECORD AND OVER MAT7ERS OF SURVEY THAT ARE LISTED" N SCHEDULE -0'. SECTION 2 OF OLD REPUBLIC NATIONAL. TITLE NSURANOE COMPANY C CA4 1 � 1A KEN AW ON AP NO TRUMEW 5 OF K ORD T[N E�7& RKmTS -OF -WAY. AND /OR 00019IP KRE A'ANOR D To OR PURSUED BY THE UIDEnG ED OTHER THAN 11105E 910M1 HEREON. EASEMENTS OR RESTRICTIONS OF RECORD OTTER MAN THOSE 910M1 HEREON MAY COST. MONO ENONECRNC ASSOCIATES, NC. AND CERri'Y9NO LAND SURVEYOR ACCEPT No RE"4MILITY FOR ,,GKr_OF_ WAY. EASE1prA, RE$fNC71ORS OF RECORD OR OTHER MATTERS AF RECORD FURNISHED SEED TO SIyED OR THAN 715.05E RECITED N INSTRUMENTS 3. THE SURVEY DEPICTED IEREOI AS NOT MENDED 70 SHOW TE LOCATION OR COVENCE OF ANY WETNO OR dURISI)VI NAL AREAS. OR AREAS OF PROTECIM SPECIES OF VEOETATXN EITHER NATURAL OR CULTIVATED. MONITOR WELLS MNICII NUR OW ON STE WERE X07 LOCATED AS A PART OF THIS SURVEY. . 4. FLORIDA BEARS AE SIONA ATJRD MAPPER DRATH9SI� AWN61�S1XETL14. OF FLORIDA IS FOR SLRmAllOR OR YAP b FOR INFONMAl1OlAl PURPOSES ONLY AND b NOT VALID. 5. ANY RE -USE OF TM SURVEY FOR PURPOSES OTHER THAH WDWCN IT WAS N7ENOED. NIAMOUT WRITTEN N07i1CATICK WALL BE AT THE RE- USER'S 91NL BE CONSMUG) W GK ANY MGM OR BEI&FITS TO ANYONE OTHER THAN THOSE CERTIFIED T0. AL BEARIMM SHOW HEREON ARE BASED ON THE CENTERU E OF DIIRD AVENUE MWCIR KARS H84-31.47 -IL 7. LAST DATE OF FIELD SURVEY: 1/06/01• . a HE SL"CT PARCH WICIED HEREON LIES Mim FLOOD ZONE AE. AN �K A BASE FLOOD ELEVATION a 11.Ca t 1700 FEET (ItEFEIAENCE TO GEODETIC VERTICAL DATUM OF 19291 AS SHOWN ON FEDERAL DSICRCENCY MANAGEMENT AGENCY FLOOD NAIRANCE RATE MAP OOMINTY PAHM N, 125096-0007 0. LAST RENSION DALE: Aug, 1% 1991- 9. TERE AIM PHYSICAL IMPROVE)AENIS ON THIS STE WMOI WERE NOT LOCATED AT OWNERS REOIEST. 10. PARCEL AS CIIRRE ILY 9R.EC7 TO CONDOMINIUM* EL BEACH PLACE MOTEL A CONDOMINIUM* ' AS RECORDED N CONDOMUM PLAT BOO( 65 PACE 13 TtROUOR 17 OF THE PUBLIC RECORDS OF PNELLAS COUNTY. FLORIDA 1 11. SAID PARCEL MEETS OR DXC£EDS TE REOUiREMENTS FOR ACCURACY AS SET FORM N THE IIDOAAM 7EC NIOAL STANDARDS (61617 -6 FAC). AS •COMMERCIALAWN RISX' 5URKY. IOW ENGINEERING ASSOCIATES• NC CERTIFICATE OF AUI40RRA11ON Mo. LB 2610 ALLAN F. HDOSLU Z4; F-. PS MPSM FLORIDA LICENSE - N650 Vacation Number 2001 -05 Al -Nayem International, ac. and Thavabalasignam V A C A T I O N R E Q U E S T P R O C E S S I N G S H E E T PLEASE REVIEW THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED FOR THE PROPERTY. INDICATE YOUR COMMENTS BELOW: REFERENCE ATLAS SHEET NO 276 -A SECTION 7,8 TOWNSHIP 29S RANGE 15E 1. PUBLIC WORKS ADMINISTRATION /ENGINEERING /PRODUCTION: REVIEWED AND APPROVED BY: DATE: COMMENTS: The applicant is proposing to vacate the right -of -way of Third Street, (AKA Third Avenue), located between the west right - of -way line of Coronado Drive and the east right -of -way line of South Gulfview Boulevard. Applicant intends to develop the property with a 250 -unit motel and parking garage. The City currently has sanitary, storm, water and gas line in this right -of -way. Florida Power, Time Warner Communications and Verizon Media Ventures have no objections to the vacation request. Verizon of Florida has no objection provided that the developer bears all costs associated with the relocation of their facilities. Public Works Administration has no objection to the vacation request subject to conditions which require developer to: 1. Build project per Development Agreement within a specified time period, 2. Dedicate easements for access to relocated utilities, 3. Relocate utilities with approval and acceptance by utility owners, 4. Provide a pedestrian access easement from Coronado Dr. to realigned Gulf View Blvd., 5. Obtain City Commission approval for the final design of the South Gulfview /Beachwalk project and 6. Vacation will be null and void if preceding conditions are not met. 2. TRAFFIC ENGINEERING: REVIEWED AND APPROVED BY: DATE: COMMENTS: 3. PLANNING & DEVELOPMENT: REVIEWED BY: COMMENTS: APPROVED BY: /� a-�o r�y� VACATION 2001 -05 Al -Nayem Intl., Inc. and Thavabalasingam VACATION REQUEST PROCESSING SHEET.ENG. - - -- REVISED 11/96 DATE: 3/__ 40/ 1 A, Vacation Number 2001 -05 i Al -Nayem International, Inc. and Thavabalasignam V A C A T I O N R E Q U E S T P R O C E S S I N G S H E E T PLEASE REVIEW THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED FOR THE PROPERTY. INDICATE YOUR COMMENTS BELOW: REFERENCE ATLAS SHEET NO 276 -A SECTION 7,8 TOWNSHIP 29S RANGE 15E 4. BUILDING INSPECTION: REVIEWED AND APPROVED BY: DATE: COMMENTS: t 5. SOLID WASTE DEPARTMENT: nn REVIEWED BY: � K, APPROVED BY: DATE: COMMENTS: .v0 06j c 6. GAS DEPARTMENT: REVIEWED BY: `T416 APPROVED BY: (= DATE: 3laYlo, COMMENTS: Pja !S at- The �� Nor de� /v��Q,� 1 �x��nse an dcH euy��l+f �5 �i�v, �d aver rke rdlaenrt AC-1 ties 7. FIRE DEPARTME T: REVIEWED BY: APPROVED BY DATE: COMMENTS: VACATION 2001 -05 Al -Nayem Intl., Inc. and Thavabalasingam 2 VACATION REQUEST PROCESSING SHEET.ENG. - - -- REVISED 11/96 r ' Vacation Number 2001 -05 ' Al -Nayem International, inc. and Thavabalasignam V A C A T I O N R E Q U E S T P R O C E S S I N G S H E E T PLEASE REVIEW THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED FOR THE PROPERTY. INDICATE YOUR COMMENTS BELOW: REFERENCE ATLAS SHEET NO 276 -A SECTION 7,8 TOWNSHIP 29S RANGE 15E 8. POLICE DEPARTMENT: REVIEWED AND APPROVED BY: TE: Z3 Q COMMENTS • / ,er 9. CITY ENGINEER: CJ REVIEWED AND APPROVED BY: DATE: COMMENTS: c-- 3,z6 --n1 ------------------------------------------------------------------ ADVERTISING DATE: / / AND PUBLIC HEARING DATE: COMMISSION ACTION: - - -- APPROVED - - -- CONTINUED - - -- TABLED - - -- DENIED - - -- ORDINANCE NO. RECORDED IN 0. R. BOOK: DATE OF ADOPTION PAGE: LETTER TO PROPERTY OWNER ADVISING COMPLETION OF VACATION COMPUTER VACATION FILE: (S: \excel \vacindex.xls) VACATION 2001 -05 Al -Nayem Intl., Inc. and Thavabalasingam 3 VACATION REQUEST PROCESSING SHEET.ENG. - - -- REVISED 11/96 Location Map NORTH AL- NAYEMIN7ERNA7YONAIy INC Scale 1" = 1320' THA VABALASING" 229 &301 S. GULFVIEWBL VD., 300 CORONADO DRIVE C CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING o aHC VACATION REQUEST VA C2=--4 CEO® e. AL -NAYEM INTERNATIONAL, INC. sm SD THAVABALASINGAM I OF E DATE w- a -,.9-A 3/08/2= 229 do 301 S. GULFVIEW BLVD. 7,8 -m-1 MA 300 CORONADO DRIVE 6779--V EXHIBIT "A" scale 1 " = 50' This is aat a survey w LL J c� 0 J m 279 5s 56 itif 103 229 57 104 Requested JV(cction Of Right —of —W 230 TH IRD 301 THE BEACH PLACE MOTEL CONDO 65 -13 CPPY OF CLEARWATER, FLDREDA PUBLIC WORKS ADMINISTRATION ENGINEERING STREET 300 0 0 Z 0 0 0 cc 0 CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING VACATION REQUEST VACC220�1 -06 DANG 3 er AL —NAYEM INTERNATIONAL, INC. UUT SD THAVABALASINGAM 2 OF 6 DAM 03/20m 229 do 301 S. GULFVIEW BLVD. x-2ss --wise I awmmm VMA 300 CORONADO DRIVE 8770 — Utilities Map t�,vq yem Intl. Ins abalasln N ®RTH 229 &.301 S. GubiwwBlvd., 300 Coronado Ave. Scale 1" 100' s--� 98 1 � 6 S3 99 r 3. � 20 ° 2.42 t D 7 54 100 � O 8 m 101 U 3 55 9 5 __ 102 4C-qI 10 11 12 3 4 THIRD NJ me r 4.94 —3.85 1 I cv �2 �I r 4.50 STREET 2.75 T Q 1 � Z Q° 2 O 0) Z` 1 \I 531 1A 1 I II PA CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING RA aNG By VACATION REQUEST vAC220rn -05 w® er AL -NAYEM INTERNATIONAL. INC. Isr 9D THAVABALASINGAM 3 or a DAN ffi- nc►-MM /08/2= 229 & 301 S. GULFVIEW BLVD. 7A- 2ea -15e 2 300 CORONADO AVENUE I o= Utilities Map AI -Nayem Intl. Inc. Thavabalas 'n NORTH 229 &.301 S. GuhivwBlvd., 300 Comnado Ave. 1" 100' Storm j J 00 cc g 4.34 3.01 a. W p Q J Z [ 6 "pool drain Of 0 0 j g 3.88 _ V Of g 5.20 3.08 8 "son U r 4.38 Q 3.54 1.75 ne > 1.16 n r 4.50 1.43w 1.15w 0.40s to 1.38 a 10,. 0.49 s 0.34 e 15" 0.05 n THIRD o 5.11 30" STREET cn g 2.15 9 4.04 is 3.99 1 72 th 4. 6 9.14 w r 5.03 L? 3.37 e r 5.50 0.57 n -0.57 w � 0" 3.00 n &w 0.57 s -0.67 e d Q a = v 4.16 0.46 3.75 "son ' 28' 35' o 2.96 e M n 18 24 2.91 w (1969) A) a g 4.05 7 f% CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING pa►c VACATION REQUEST VAC -05 oZam "r AL -NAYEM INTERNATIONAL, INC. uv SD THAVABALASINGAM 4 oP a WE wcr -mw_a 03/05/Wm 229 do 301 S. GULFVIEW BLVD. 7A-M -I3e 276A 300 CORONADO AVENUE I 6 Utilities Map tl em Intl. Inc. balasingam NORTH 229 & 301 S. Gu rviewBlvd, 300 Coronado Ave. &9LA 1" = 100' water CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING o p VACATION REQUEST VAC�� cco®n AL -NAYEM INTERNATIONAL, INC. sir SD THAVABALASINGAM S OF Calf 03/08/200, ur -for no 229 do 301 S. GULFVIEW BLVD. 7,8 -29s -I5e 2U 1 300 CORONADO AVENUE I 8 Utilities Map AI -Nayem Intl. Inc. Thavabalasluugam NORTH 229 &.301 S. GvL67eiv Blvd., 300 Coronado Ave. Scale 1" = 100' ' 207 53 99 Co 212 CY) z>5 5 4 0110 0 > r� C\1 2 217 ►_1 2 2>8 ° ° o > 2>9 5 5 2f6 m ti 102 22> 4 56 1 j`3 224 CV � 53 229 57 104 2199 1 PQ 'e'98 ° 225 230 2 230 s CD 70 `° THIRD uj STREET 301 � -' THE 105 300 26 BEACH PLACE 1 300 60 MOTEL CONDO 301 65 -13 106 304 p 305 W 305 Q 2 Z M 309 6 0 �0 309 C\1 = 3 61 108 342 0 3 1 1A ° f� 0 315 109 40Q 3>s 31s 4 0 316 ifs 62 110 3zo 317 5 � 2 3)19 n 2A- CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING o10NO VACATION REQUEST VA0a 0 oco® By AL -NAYEM INTERNATIONAL, INC. air SD THAVABALASINGAM 6 of 6 DAM va -nvv -100 03/06/2001 229 do 301 S. GULFVIEW BLVD. 7.e -29S -Ise 276A 300 CORONADO AVENUE 601 roses n14 n0MVA W— ,V....rr,, 79178641 - . 0 --r:•._ .....::*- _ ... u,4930 ME 918 JLrta1d,.e f is �j �� day of August 4. D. 19 79 )1 ""� � n.......r A.-r+. w ... -►..r .A.s r..A,r. w u,., r...••r ,........r..., , w M••..l w .r.t.r..: w ...W... +..e...+.n ..rr. 4! 1GLASS HOUSE OF CLEARWATER, INC., tion e=stin under the laws of the State of Florida havtnF zls pri ncipal place of business in the County of Pinellas and State of Florida party of the first part, and AL-NAYEM INT'L INCORPORATED, a Florida corporation, whose mailing address is 229 Gulf View Boulevard,. Clearwater Beach, FL 3351 of the County of Pinellas and State of Florida party of the second part, IL11PS8pfh that the said party off the JJ��rst ppaarrt ffor and t}or� c�oonsideration of the sum 0 TEN bOLLARS AND OTHER VALUADLF. CON$rDERA�ONS------ DbIllcTl, to it in hand paid by the said party of the second part, the receipt whereof is hereby aeknowledled, has granted, bargained and sold to the said party of the second part forever, the followinj described land, siluate, lying and being in the County of Pinellas State of Florida, to wit: South 20 feet of Lot 56, all of Lot 57, South 20 feet of Lot 105, all of Lot 104'and Lot 105 of LLOYD- !d12ITE- SKINNER SUBDIVISION, according,to the plat thereof as recorded in Plat Look 13, page 12, Public Records of Pinellas County, Florida. Lot 106 -and the Northerly 1/2 of Lot 107 of LLOYD- 14111TF.- SKINNER SUBDIVISION, according to Plat thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida (CONTINUED ON REVERSE SIDE) And the said party of the flrst part does herelty fully urarra•nt the title to ,raid land, and will defend the same against the lawful claims of all persons whomsoever. 41t 3Mitarnn Miirrrilf, the said party of the /lrst part has caused these presents to be sinned in its name by its President, and its corporate sepl to be aJJlsed, attested by its the day and year above written. (Corporate GLASS HOUSE OF CLE RW TER, attest: ��`� ' A 4 —_ gy AUL VOULGARIS, ssiste`retary DONG NOON CHOE, Pre ident. r�tgn $ lirlrrra in �irruenrr. gau of 31orft Cc, 19 4 u PH'lgt G 162701406 72 0001.7.019 7 (Qom of Pinellas 61 39307.80 , 3 31t"bg Qlrrttfg. That on this ���� day of August 62 .4. Z�, , p S before me personally appeared DONG NOON CHOE and PAUL V01'.r,GARIS , President and Asst Secretary respectively of GLASS... HOUSE OF CLEARWATER, INC. _ , a rArporation under the latas of the State of Florida , to me known to be the persons d_ eroribed in and who executed the foretoinp conveyance to )L=NAYEM INT'L INCORPORATED and severally acb-nowledied the execution thereof to be their free act and deed as such ofcers, for the uses and purposes therein mentioned; and that the•1 a ffixed thereto the official seal of said corporg.Gion, and the said instrument is the act and deed of said corporation. \•' stt J. Uttnrar my siinature dnd•�tal• �Q ";. C'ty of C1 ?aYwater in the County of PiiejrsAGihiPY. �'a S j Florida, the day and ., ,,ar last aforesaid. ;;lf : ;9� . P� '• to WAV nnuc t1AIt a aa�li;llr �`Ny Commisslo &pire.�_ ' saCO,wnt1o*+tpius�.4,1 [4711« '. .., -�:: - �A.l::.. � �, .;,M•r.,, ..: c. .u:•�:t#!�,ti3ao�r�- 'b"AI1'�'I'! .. .. ,. .. _.—�, s..:.....w. oil.. w:. r_ �;..: � .:1]4a�iaiu..roti9w�'i+a•',.:�4� ` .. _� MIS ,Y:' �,•�. �:. . 4I0t A . n � aj tJ 4 m !Y U W 2 O m W 0 < F c 43 t a ►+0< 4 :4 roses n14 n0MVA W— ,V....rr,, 79178641 - . 0 --r:•._ .....::*- _ ... u,4930 ME 918 JLrta1d,.e f is �j �� day of August 4. D. 19 79 )1 ""� � n.......r A.-r+. w ... -►..r .A.s r..A,r. w u,., r...••r ,........r..., , w M••..l w .r.t.r..: w ...W... +..e...+.n ..rr. 4! 1GLASS HOUSE OF CLEARWATER, INC., tion e=stin under the laws of the State of Florida havtnF zls pri ncipal place of business in the County of Pinellas and State of Florida party of the first part, and AL-NAYEM INT'L INCORPORATED, a Florida corporation, whose mailing address is 229 Gulf View Boulevard,. Clearwater Beach, FL 3351 of the County of Pinellas and State of Florida party of the second part, IL11PS8pfh that the said party off the JJ��rst ppaarrt ffor and t}or� c�oonsideration of the sum 0 TEN bOLLARS AND OTHER VALUADLF. CON$rDERA�ONS------ DbIllcTl, to it in hand paid by the said party of the second part, the receipt whereof is hereby aeknowledled, has granted, bargained and sold to the said party of the second part forever, the followinj described land, siluate, lying and being in the County of Pinellas State of Florida, to wit: South 20 feet of Lot 56, all of Lot 57, South 20 feet of Lot 105, all of Lot 104'and Lot 105 of LLOYD- !d12ITE- SKINNER SUBDIVISION, according,to the plat thereof as recorded in Plat Look 13, page 12, Public Records of Pinellas County, Florida. Lot 106 -and the Northerly 1/2 of Lot 107 of LLOYD- 14111TF.- SKINNER SUBDIVISION, according to Plat thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida (CONTINUED ON REVERSE SIDE) And the said party of the flrst part does herelty fully urarra•nt the title to ,raid land, and will defend the same against the lawful claims of all persons whomsoever. 41t 3Mitarnn Miirrrilf, the said party of the /lrst part has caused these presents to be sinned in its name by its President, and its corporate sepl to be aJJlsed, attested by its the day and year above written. (Corporate GLASS HOUSE OF CLE RW TER, attest: ��`� ' A 4 —_ gy AUL VOULGARIS, ssiste`retary DONG NOON CHOE, Pre ident. r�tgn $ lirlrrra in �irruenrr. gau of 31orft Cc, 19 4 u PH'lgt G 162701406 72 0001.7.019 7 (Qom of Pinellas 61 39307.80 , 3 31t"bg Qlrrttfg. That on this ���� day of August 62 .4. Z�, , p S before me personally appeared DONG NOON CHOE and PAUL V01'.r,GARIS , President and Asst Secretary respectively of GLASS... HOUSE OF CLEARWATER, INC. _ , a rArporation under the latas of the State of Florida , to me known to be the persons d_ eroribed in and who executed the foretoinp conveyance to )L=NAYEM INT'L INCORPORATED and severally acb-nowledied the execution thereof to be their free act and deed as such ofcers, for the uses and purposes therein mentioned; and that the•1 a ffixed thereto the official seal of said corporg.Gion, and the said instrument is the act and deed of said corporation. \•' stt J. Uttnrar my siinature dnd•�tal• �Q ";. C'ty of C1 ?aYwater in the County of PiiejrsAGihiPY. �'a S j Florida, the day and ., ,,ar last aforesaid. ;;lf : ;9� . P� '• to WAV nnuc t1AIt a aa�li;llr �`Ny Commisslo &pire.�_ ' saCO,wnt1o*+tpius�.4,1 [4711« '. .., -�:: - �A.l::.. � �, .;,M•r.,, ..: c. .u:•�:t#!�,ti3ao�r�- 'b"AI1'�'I'! .. .. ,. .. _.—�, s..:.....w. oil.. w:. r_ �;..: � .:1]4a�iaiu..roti9w�'i+a•',.:�4� ` .. _� MIS ,Y:' �,•�. �:. . n . n � aj tJ 4 m !Y U W 2 O m W 0 < F c W N F a ►+0< 4 :4 F �a i h�F; > r'�z�'•Z $ f� S Y < ;^ Q ca Y w roses n14 n0MVA W— ,V....rr,, 79178641 - . 0 --r:•._ .....::*- _ ... u,4930 ME 918 JLrta1d,.e f is �j �� day of August 4. D. 19 79 )1 ""� � n.......r A.-r+. w ... -►..r .A.s r..A,r. w u,., r...••r ,........r..., , w M••..l w .r.t.r..: w ...W... +..e...+.n ..rr. 4! 1GLASS HOUSE OF CLEARWATER, INC., tion e=stin under the laws of the State of Florida havtnF zls pri ncipal place of business in the County of Pinellas and State of Florida party of the first part, and AL-NAYEM INT'L INCORPORATED, a Florida corporation, whose mailing address is 229 Gulf View Boulevard,. Clearwater Beach, FL 3351 of the County of Pinellas and State of Florida party of the second part, IL11PS8pfh that the said party off the JJ��rst ppaarrt ffor and t}or� c�oonsideration of the sum 0 TEN bOLLARS AND OTHER VALUADLF. CON$rDERA�ONS------ DbIllcTl, to it in hand paid by the said party of the second part, the receipt whereof is hereby aeknowledled, has granted, bargained and sold to the said party of the second part forever, the followinj described land, siluate, lying and being in the County of Pinellas State of Florida, to wit: South 20 feet of Lot 56, all of Lot 57, South 20 feet of Lot 105, all of Lot 104'and Lot 105 of LLOYD- !d12ITE- SKINNER SUBDIVISION, according,to the plat thereof as recorded in Plat Look 13, page 12, Public Records of Pinellas County, Florida. Lot 106 -and the Northerly 1/2 of Lot 107 of LLOYD- 14111TF.- SKINNER SUBDIVISION, according to Plat thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida (CONTINUED ON REVERSE SIDE) And the said party of the flrst part does herelty fully urarra•nt the title to ,raid land, and will defend the same against the lawful claims of all persons whomsoever. 41t 3Mitarnn Miirrrilf, the said party of the /lrst part has caused these presents to be sinned in its name by its President, and its corporate sepl to be aJJlsed, attested by its the day and year above written. (Corporate GLASS HOUSE OF CLE RW TER, attest: ��`� ' A 4 —_ gy AUL VOULGARIS, ssiste`retary DONG NOON CHOE, Pre ident. r�tgn $ lirlrrra in �irruenrr. gau of 31orft Cc, 19 4 u PH'lgt G 162701406 72 0001.7.019 7 (Qom of Pinellas 61 39307.80 , 3 31t"bg Qlrrttfg. That on this ���� day of August 62 .4. Z�, , p S before me personally appeared DONG NOON CHOE and PAUL V01'.r,GARIS , President and Asst Secretary respectively of GLASS... HOUSE OF CLEARWATER, INC. _ , a rArporation under the latas of the State of Florida , to me known to be the persons d_ eroribed in and who executed the foretoinp conveyance to )L=NAYEM INT'L INCORPORATED and severally acb-nowledied the execution thereof to be their free act and deed as such ofcers, for the uses and purposes therein mentioned; and that the•1 a ffixed thereto the official seal of said corporg.Gion, and the said instrument is the act and deed of said corporation. \•' stt J. Uttnrar my siinature dnd•�tal• �Q ";. C'ty of C1 ?aYwater in the County of PiiejrsAGihiPY. �'a S j Florida, the day and ., ,,ar last aforesaid. ;;lf : ;9� . P� '• to WAV nnuc t1AIt a aa�li;llr �`Ny Commisslo &pire.�_ ' saCO,wnt1o*+tpius�.4,1 [4711« '. .., -�:: - �A.l::.. � �, .;,M•r.,, ..: c. .u:•�:t#!�,ti3ao�r�- 'b"AI1'�'I'! .. .. ,. .. _.—�, s..:.....w. oil.. w:. r_ �;..: � .:1]4a�iaiu..roti9w�'i+a•',.:�4� ` .. _� MIS ,Y:' �,•�. �:. . • r •�.�(?_ 'ce_ . cap!....._... T J.1• ®i O.A. 4 9 3 0 HGE 019 I Lot 1, Block A of COLUMBIA SU11aTVISION NO. 2, according to Plat I thereof as recorded in Plat BoQ1i„21, page 79, PuLlic Records of Pinellas County, Florida.- Subject to easements and restrictions of record. Tnis conveyance is subject to that certain mortgage in favor of BANK OF CLEARWATER, recorded 6/8/71 in O.R. 3557, page 195, public records of Pinellas County, Florida, with a principal balance of $53,492.79, which the Grantee herein specifically assumes and agrees to pay. This conveyance is subject to that certain mortgage in favor of JAMES A. NOVOTNY and MILES J -. NOVOTNY, recorded 5/25/65 .'n O.R. 21.67, page 114; assigned 11/15/77 in Q.R. 4f22, pace 1460, public records of Pinellas County, Floirda, with a principal balance of $187.095.31, which the Grantee herein specifically assinnes and agrees to pay. s j r FLORWA U 71 - n..� .i :.1 - Iff.15i�Ip nil --O[!1919 �,,1•_.:•:�:-�9 V Q. l J , - 94Q.20 Oct 19•(9 '., r 9 C'. 90C•'.(� w '- "' DEPT L-i r.6E.1VL - o e•f _ .." e••, = e9.=000I9'I9�. .. -••,.i fn1 ' 5 V /. U i1 ! Q z 0 o e = F s j r FLORWA U 71 - n..� .i :.1 - Iff.15i�Ip �• - 94Q.20 s j r Q s j r 1 CITY ATTORNEYS OFFICE Gordon J. Schiff, Esquire MacFarlane Ferguson & McMullen 400 North Tampa Street Suite 2300 Tampa, FL 33601 CITY O CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 CITY HALL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4010 FAX (727) 562 -4021 April 13, 2001 Re: A.P. Mar, Inc. d/b /a Port Vue, et al. v. Clearwater Seashell Resort LLC and City of Clearwater, DOAH Case No. 0 1- 1083 Dear Mr. Schiff, In response to your correspondence regarding scheduling matters: At this point I would suggest April 20 as deadline to provide list of all fact -based and expect witnesses. 2. The April 30, May 21, and May 30 dates are acceptable. However, as the April 30 deadline for providing exhibits is some three weeks prior to the meeting to discuss exhibits, and well prior to the date provided for in the ALJ's Order, the City reserves the right to put forward any exhibits developed or felt necessary during that intervening time frame. 3. Deposition time frame: I will be out of the office and /or out of town on the following dates: possibly May 2; May 3 -5; afternoon of May 9 -May 13; afternoon of May 16 -May 20. May 28 is a City holiday. This is the reason that the City did not list those dates as available for hearing. Therefore we may need to go to dates prior to or after your proposed time frame. I am available April 23 -27 (except 3:00 until 6:00 on April 25), April 30 (until 5:00), May 1, May 7, May 8, a.m. of May 9, May 14, a.m. of May 15, a.m. of May 16, May 21 -May 25 (except 3:00 until 6:00 on May 23), and May 29 -June 1. As to weekends, I am available May 6, 26, and 27, June 2 and 3. I believe Mr. Stone to be in town and available during most of the relevant time period. I do not know whether you wish to depose Ms. Fierce or other City staff, and will need to coordinate deposition dates with such persons. I am not sure of the City staff's availability evenings and weekends. Additionally, please advise when Ms. Hammer and Mr. McElveen will be available for deposition. Very truly yours, &A&Z Leslie K. Dougall -Sides Assistant City Attorney C: David M. Mechanik, Esquire and T. Truett Gardner, Esquire Ralph Stone, Director of Planning, Housing, and Neighborhood Services ONE CITY, ONE FUTURE. BRIAN J. AUNGST, IIMAYOR- COMMISSIONER J.B. JOHNSON, VICE MAYOR - COMMISSIONER BOB CLARK, COMMISSIONER ED HART, COMMISSIONER ® ED HOOPER, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" c�s�t'z G." _, water City Commission Agenda Cover Memorandum SUBJECT/RECOMMENDATION: Final Agenda Item ±. Meeting Date March 1, 2001 Review and approval of a development agreement between the Clearwater Seashell Resort L.L.C. and the City of Clearwater. MOTION: APPROVE a development agreement between the Clearwater Seashell Resort L.L.C. and the City of Clearwater and ADOPT Resolution No. 01 -06. and that the appropriate officials be authorized to execute same. SUMMARY: • The subject site is 1.63 acres in area and is located on either side of 3`d Street between South Gulfview Boulevard and Coronado Drive. It is located within an area identified for a catalytic project by Beach by Design and is a priority candidate for redevelopment on Clearwater Beach. • The applicant is proposing to construct a 250 room resort hotel 150' feet in height. The proposal also includes 35,000 - 50,000 square feet of retail/restaurant space and an 833 ± space garage. • The proposal requires use of 184 hotel rooms from the density pool created in Beach by Design and the vacation of 3`d Street and South Gulfview. • The applicant is proposing to begin construction as soon as practical upon approval of the development agreement and commits to the following: o Construction of improvements and participation in the financing of S. Gulfview Boulevard to create Beach Walk generally between 1St Street and the South Beach Pavilion; o Dedication often (10) feet for use as public right -of -way abutting Coronado Drive; and Reviewed Originating Department: Costs: Commission Action: by: Legal Planning and Development ❑ Approved Budget NIA Gina L. Clayton Total ❑ Approved with Conditions Purchasing N/A User Depa ❑ Denied Risk Mgmt. N/A Current Fiscal Year ❑ Continued to: Is N/A Funding Source: ACM N/A ❑ Capital Improvement: Other N/A Advertised: ❑ Operating: Date: ❑ Other: Attachments: Paper: ❑ Not Required Appropriation Code Development Agreement Resolution No. 01 -06 Submitted by: Affected Parties ❑ Notified City Manager ❑ Not Required ❑ None 0 Printed on recycled paper - 1 o Availability of 400 parking spaces in the private garage will be made available for public use. The proposal is in compliance with the standards for development agreements and is consistent with Beach by Design. • The Community Development Board reviewed the proposed application for flexible development approval at a meeting on February 20, 2001 and approved unanimously the site plan. The Community Development Board also unanimously recommends approval of the Development Agreement by the City Commission. 2 RESOLUTION NO. 01-06 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE CLEARWATER SEASHELL RESORT L.L.C; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with the Clearwater Seashell Resort L.L.C; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and Clearwater Seashell Resort L.L.C, a copy of which is attached as Exhibit "A" is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2001. Brian J. Aungst Mayor- Commissioner Approved as to form: Attest: Cynthia E. Goudeau Assistant City Attorney City Clerk Resolution No. 01- TO: 11 CITY OF CLEARWATER PLANNING & DEVELOPMENT SERVICES ADMINISTRATION 100 S. MYRTLE AVE. CLEARWATER„ FL 33756 (727) 562 -4567 FAX (727)562 -4576 FAX: n 0(n - LSL � 2 ! x,42 4 Q FROM: DATE: c:2 _ C::� I. - MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) a . LL ..,. ater To: Vin Hoover From: Ralph Stone, Planning Director Date: February 21, 2001 RE: Beach By Design The Clearwater City Commission approved Beach by Design at its February 15, 2001 meeting. This plan creates the framework for the Clearwater Seashell Resort project. The Clearwater Community Development Board approved the site plan for this project on February 20, 2001. If you have -any questions please contact me at (727) 562 -4583 cc: Richard Gehring, Prime Interests Tines ptwto —JIM DAMASKS dill ing their pep Writes! test. FILE COPY CT TIMES ■ WEDNESDAY, FEBRUARY 21, 2001 3 M a-rriott resort survives protest By CHRISTINA HEADRICK Times Staff Writer CLEARWATER — Infighting among beach business owners spilled into a city planning board meeting Tuesday, as an attorney representing Days Inn owner Tony Markopoulos attempted to block a next -door neighbor's proposal to build a 250 -room Marriott resort. But after more than three hours of arguments over how the resort would hurt Markopoulos' own plans to develop a resort, the city's Community Development Board unanimously approved the proposed site plan for the Marriott, which is being developed by a team of local developers led by attorney Bill Kimpton. The board also voted to sup- port a complicated development agreement that outlines the obliga- tions of the city and a company called Clearwater Seashell Resort Inc. to bring the new resort with a 800 -car garage inside it to fruition. That part of the deal goes before the City Commission for a vote next week. In making its approvals, the board okayed requests from the Seashell's developers to: ■ Waive height limits of about 35 feet to allow structures of up to 150 feet in height. ■ Allow 250 rooms to be creat- ed on land now limited to 65. ■ Waive setbacks requiring that the building be at least 10 feet from sidewalks around it allowing the building to come up to the lot lines. ■ Give the developers — sub- ject to the commission's approval — portions of Third Street and S Gulfview Boulevard so they will have enough land to develop their resort. The plan for the resort in- cludes a total reconfiguration of south beach roadways. City planners justified the ex- ceptions by saying the Seashell resort proposal would spur a re- naissance of rundown, 1950s beach tourist facilities. "We feel like it meets the de- sign guidelines and it will add val- ue to the beach, Planning Direc- tor Ralph Stone said. But Gordon Schiff, an attorney for Markopoulos, argued that the resort would dwarf Markopoulos' properties just to the north, cutting off light and views and curtailing their potential for redevelopment. Schiff also complained that waivers of city rules for the Sea- shell were "extreme," and the re- sort's developers were trying to cram too much building on too little space. "What we have here is what I would term a tower play," Schiff said. "It's simply cramming too big a development on too small a prop- erty." He also objected that the agree- ment appears to obligate the city to take future actions like amending the city's overall comprehensive plan for growth and vacating the roadways. And he protested that' Markopoulos had yet to be given a final draft of the agreement to re- view. On the other side, Richard Gehring, a planner representing the Seashell, tried to imply that the. objections were sour grapes. Mar kopoulos hasn't been able to get approval for an even more massive project next door from the city,' Gehring said, and now he's trying; to get back at the city through the; Seashell project. "There is another agenda, Gehring told board members. Tuesday. "And it relates to an un -: successful proposal on a northern ; parcel." r•- iloo Moo ... Well-known lawyer defends teen in llama case time their teacher W wants to make sure the teen gets a a • � rally ended wit T Times staff writer w fair trial. f felony cruelty to animals and one from each class t Ems' L KE — Defense attor- " "In cases like this when the c count of trespass. vying a football to Mrs. n ney Denis deVlaming has been p public's sentiment is so tremen- I Investigators say Eldred and two East Lake residents accused of d certainly entitled to be treated fair- 1 18, attacked two pet llamas with a ; ard, two of the "rappers" s severely beating two pet llamas. c ly," he said. g golf club on Feb. 11, killing one ; ody's class, Eric Minnix A represented numerous high - pro - T The Pinellas -Pasco State Attor- e er. t awaits them today. f file cases, deVlaming said h ney's O Pettyjohn was in the county jail little nervous, but th r a "reduced rate" becaus nc, . teachers were behind us, the fifth - graders talked, :. I thought the pep rally 0, agreed. "I loved the 'll do my best and work t. I am hoping to score a rincipal ended the rally, 'e're going to lock those side the building. To- n onntl nialit's sleep and AssisredLiving v %Czheimer's Care -Af Respire Care �i.is mate, 14 ACTION AGENDA COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER February 20, 2001 Meeting called to order at 1:00 p.m. at City Hall ITEM A - REQUESTS FOR CONTINUANCE /RECONSIDERATION Item #B2 — (Cont'd from 12/12/00) 3006 Gulf -to -Bay Boulevard: Thanh Phuoc & Kimtruc Thi Nguyen — Owner/ Applicant. Request flexible development approval to permit a nightclub within the Commercial District with a reduction in required parking spaces from 20 spaces to 18 spaces, as a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program at Bay View City Sub, Blk 8, Lots 8, 9, 10 & 1/2 of vac alley on N less Rd. right -of -way on S. FL 00 -08 -33 ACTION — CONTINUED TO MARCH 20, 2001 MEETING - 7:0 ITEM B - CONTINUED ITEMS Item #B1 = -229--and- 301- -Soath Gulfview Boulevard and 230, 300 and 304 - Coronado Drive: AI -Nayem International Inc. & Kandiah P. Thavaba Iasi ngam% ., 'Clearwater Seashell Resort LLC ---Owner/ Applicant. Request flexible - development approval to: 1) increase height from 35 feet to 150 feet; 2) increase from 65 rooms to a minimum of 250 rooms and maximum of 300 rooms; 3) reduce front setback along S. Gulfview Boulevard from 10 feet to zero feet; 4) reduce front setback along Coronado Drive from 10 feet to zero feet; 5) reduce side north setback from 10 feet to zero feet; and 6) reduce side south setback from 10 feet to zero feet. Request review and recommendation to City Commission: 1) vacation of Third Street right -of -way from S. Gulfview Boulevard to Coronado Drive; 2) vacation of eastern 35 feet of S. Gulfview Boulevard right -of -way, from approximately 130 feet north of the Third Street centerline street to approximately 150 feet south of Third Street centerline, totaling approximately 250 linear feet of S. Gulfview Boulevard right -of -way); and 3) development agreement between Clearwater Seashell Resort LLC and City as part of a Comprehensive Infill Redevelopment Project at Lloyd - White- Skinner Sub, Lots 57 -59, 104 -106 and part of Lots 56, 103 & 107. `ACTION — APPROVED - 5:0, subject to conditions: 1) This application will be effective upon development agreement approval by the Commission; 2) the Gulfview Boulevard and Third Street rights -of way to be vacated by the Commission; and 3) the final design of the building is to be consistent with the conceptual elevations as submitted and /or modified by the CDB. Item #B2 — (Cont'd from 12/12/00) 3006 Gulf -to -Bay Boulevard: Thanh Phuoc & Kimtruc Thi Nguyen — Owner/ Applicant. Request flexible development approval to permit a nightclub within the Commercial District and to reduce the required number acd0201 1 02/20/01 CDB Meeting Date: February 20, 2001 Case Number: FL 01 -01 -01 and DA 01 -01 -01 Agenda Item: B 1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNERS: Al -Nayem International Incorporated and Kandiah P. Thavabalasingam LOCATION: 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive REQUESTS: (a) Flexible Development approval, as part of a Comprehensive Infill Redevelopment Project, with an increase in height from 35 feet to 150 feet, increase from 65 rooms to 250 rooms, reduction in front (west) setback along South Gulfview Boulevard from 10 feet to zero feet, reduction in front (east) setback along Coronado Drive from 10 feet to zero feet, reduction in side (north) setback from 10 feet to zero feet, and reduction in side (south) setback from 10 feet to zero feet; (b) Review of, and recommendation to the City Commission on, a request to vacate Third Street right -of -way from South Gulfview Boulevard to Coronado Drive; (c) Review of, and recommendation to the City Commission on, a request to vacate the eastern 35 feet of South Gulfview Boulevard right -of -way (beginning approximately 130 feet north of the centerline of Third Street and ending approximately 150 feet south of the centerline of Third Street, totalling approximately 250 linear feet of South Gulfview Boulevard right -of -way); and (d) Review of, and recommendation to the City Commission on, a development agreement between Clearwater Seashell Resort LLC and the City of Clearwater. PLANS REVIEWED: Site plan and site surveys submitted by King Engineering Consultants SITE INFORMATION: PROPERTY SIZE: 1.63 acres DIMENSIONS OF SITE: 240 feet in width by 300 feet in length PROPERTY USE: Current use: Proposed use: 0 Overnight accommodations Overnight accommodations Page 1 PLAN CATEGORY: RFH, Resort Facilities High Classification ZONING DISTRICT: T, Tourist District ADJACENT LAND USES: North: Overnight accommodations and single - family residential South: Restaurant East: Overnight accommodations West: Public parking lot /Gulf of Mexico CHARACTER OF THE IMMEDIATE VICINITY: The immediate vicinity is dominated by resort and commercial uses. UPDATE: This case was continued at the January 31, 2001 special meeting of the Community Development Board due to irregularities in sending legal notice to surrounding properties. Notices have been sent regarding the new meeting date. The staff report remains generally unchanged. ANAT.VCTC- Background The site is 1.63 acres located on the east side of South Gulfview Boulevard, west of Coronado Drive, on the north and south sides of Third Street. It has been developed with overnight accommodations (Glass House Motel and Beach Place Motel at 229 and 301 South Gulfview Boulevard, respectively) and a single - family dwelling and outbuildings at 300 Coronado Drive. The motel buildings were built between 1941 and 1956 and contain a total of 66 rooms. All existing structures will be razed as part of the redevelopment of the site. The site also includes a portion of the easternhalf of the South Gulfview Boulevard right -of -way and Third Street right - of -way between South Gulfview Boulevard and Coronado Drive. The City has identified this site as a priority candidate for redevelopment and revitalization for Clearwater Beach. The area along South Gulfview Boulevard and Coronado Drive is characterized by older, modest hotels and motels and retail businesses within mid -rise buildings. Redevelopment in the area requires the assembly of sufficient land to develop signature buildings with on -site amenities and adequate off - street parking. Beach by Design Plan The site is located within the Beach Walk District of the Beach by Design Plan. This area is recognized as the primary beachfront destination on Clearwater Beach. The Plan recommends that this area be fully redeveloped in terms of road realignments, parking and building design. Specifically, it recommends the redevelopment of South Gulfview Boulevard into a beachfront promenade that will involve the removal of most surface parking west of the road. It will include Page 2 1 a pedestrian way and bicycle path. This strategy has been identified as a way to stimulate the redevelopment of property in the area and to reposition the beach as a first -rate tourist venue. To assist in the transformation of Clearwater Beach into a quality family resort, Beach by Design establishes a density pool of 600 additional hotel rooms that are available in key locations including the subject site. The pool will be available for a five -year period following designation of the beach as a Community Redevelopment District, pursuant to the Countywide rules. The applicant is proposing the use of 183 rooms within the density pool. Beach by Design establishes criteria by against which proposals seeking use of the density pool are measured. These criteria and design guidelines within the Plan are discussed further in this report. The Board recommended approval of Beach by Design to the City Commission at its January 23, 2001 meeting. The Commission conducted the first of two public hearings on February 1 and voted unanimously to approve it. The second reading of the ordinance regarding the Plan is scheduled for February 15, 2001. Redevelopment Proposal The proposal includes the consolidation of smaller parcels into a larger redevelopment site. The plan is for a 250 -room, full - service, upscale hotel with banquet facilities, restaurants, and retail uses. The hotel will also include a health club and pool. The rooms will range from standard rooms to luxury suites with kitchenettes. Some rooms will have private lanais. An 800 -space parking garage will be built under the hotel. By Code, 250 parking spaces are required for overnight accommodations use (one space per room). The applicant is providing an additional 150 spaces for hotel use. The remaining 400 spaces will be available for public use. As part of the Beach by Design Plan, a portion of the existing public parking lot west of South Gulfview Boulevard will be removed. The design of the hotel will include two towers with a center span. The towers will be 100 feet apart. There will be six levels of structured parking and seven levels of hotel rooms for a total of 14 floors. The building will measure 150 feet to the top of the principal roof structure from the base flood elevation. The building will have two front doors: a formal entrance front view is proposed along Coronado Drive that is upscale and elegant in character; the beach entrance is proposed along South Gulfview Boulevard and includes colonnade elements with arches and canopies. The proposed materials will be stucco and polished stone with natural colors and a barrel -tile roof. The design of the hotel and parking structure features massing which steps back as elevation increases, creating interesting elevations along the skyline. The South Gulfview Boulevard (west) elevation will feature balconies overlooking the Gulf of Mexico. The multiple levels of structured parking will be camouflaged by the building design and hidden from beach - goers. A pedestrian overpass will extend from the second story of the hotel, across the promenade and relocated South Gulfview Boulevard, to the beach. Page 3 The proposal includes the implementation of the beach walk improvements as outlined in Beach by Design. The character of the proposed beachwalk will set the tone for the beach with substantial landscaping. Beach by Design calls for a landscape and circulation program that establishes a new accessway (relocated South Gulfview Boulevard) and specialized plantings in the area currently occupied by a portion of the public parking lot. Extensive use of specimen trees will be provided. Directly in front of the proposed building, on the gulf side, a promenade will be established in the right -of -way of existing South Gulfview Boulevard. This promenade will incorporate pavers, street trees, lighting and other amenities to integrate activity with the building fagade and enhance the pedestrian experience. The streetscape will include street trees along both South Gulfview Boulevard and Coronado Drive. Additionally, internal landscaping will be provided on the pool deck. It will include tree wells and landscape planters. Comprehensive Plan Considerations The proposal furthers the City's goals and objectives as identified in the Comprehensive Plan. These include renewing the beach tourist district through use of design guidelines, innovative shared parking solutions, possible land acquisition, transportation improvements, and the establishment of a community redevelopment area (policy 2.1.1); supporting the expansion of economic opportunity, the creation of jobs, and maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas (policy 2.1.2) and continuing to support and implement community redevelopment area plans (policy 2.1.4). Flexible Development Request This application for Flexible Development approval is part of a Comprehensive Infill Redevelopment Project with specific requests to increase the height from 35 feet to 150 feet, increase the number of rooms from 65 rooms to 250 rooms, reduce the front setback along South Gulfview Boulevard from 10 feet to zero feet, reduce the front setback along Coronado Drive from 10 feet to zero feet, reduce the side (north) setback from 10 feet to zero feet, and reduce the side (south) setback from 10 feet to zero feet. The Comprehensive Infill Redevelopment Project allows flexibility with regard to setback and height for projects that are innovative, do not conform to typical development forms, involve a mix of uses and are beneficial to the City as a whole. The increase in height above 100 feet is consistent with the recommendations in Beach by Design: the plan includes a request to increase density, provides a separation of the two towers by 100 feet, and includes floorplate above 45 feet in height for use as public parking. The reduction in side and front setbacks is needed to design for on -site circulation and includes the dedication of 10 feet of right -of -way along Coronado Avenue. The increase in density includes use of the density pool. The proposal meets the 14 specific criteria as outline in Beach by Design including: a minimum of 200 hotel rooms, full range of amenities, access to rooms via lobbies /corridors, a national marketing affiliation, trip generation management enforceable by covenant, mandatory hurricane evacuation (as necessary), maximum of 25 percent of rooms with kitchen facilities, exceptional architectural design and finishes, frontage of the Gulf of Mexico, minimum lot size of one acre, existing property with obsolete Page 4 structures, Tourist District zoning with eligibility to increase height to 150 feet, provision of benefits to the City, and obligation to participate in (future) assessment program. South Gulfview Boulevard and Coronado Drive currently service the existing buildings located on the site. South Gulfview Boulevard will provide ingress and egress to the parking structure only. It operates at a Level of Service (LOS) "D ". Full access will;be provided along Coronado Drive. Based on the traffic impact assessment performed by King Engineering Associates, project traffic is anticipated to be split between Coronado Drive and South Gulfview Boulevard at a rate of 40 to 60 percent, respectively. The traffic study concludes that the redevelopment of the site with a resort hotel and public parking is not expected to degrade the existing levels of service along South Gulfview Boulevard, Coronado Drive or the surrounding roadway system. Rights -of -way Vacation Requests The proposal anticipates the vacation of the eastern portion of Gulfview Boulevard (beginning approximately 130 feet north of the centerline of Third Street and ending approximately 150 feet south of the centerline of Third Street) and the vacation of Third Street from Coronado Drive to South Gulfview Boulevard. As proposed in Beach by Design, South Gulfview Boulevard will be ultimately relocated farther west as part of a serpentine, beachwalk design. Its new configuration will include a two -way, two -lane road section and pedestrian way and bicycle path. The proposal also includes the dedication of 10 feet of right -of -way along Coronado Drive. Staff has chosen to advertise these vacation requests as a component of the overall project in advance of the final vacation. Clearly, both the vacation of Third Street and the South Gulfview Boulevard vacation and relocation are critical to this project and the Beachwalk project. Therefore, a condition of approval is recommended related to these vacation actions. Development Agreement Request The proposal also includes a request of, and recommendation to the City Commission on, a development agreement that sets forth public /private obligations. The City recognizes the economic and aesthetic benefits that will result from private development. The applicant also recognizes the benefit of public improvements that directly affect the marketability of the project and the character of the general area surrounding the project. The development agreement is attached for the Community Development Board public hearing and recommendation to the City Commission. In summary, the development agreement requires the applicant to construct a minimum 250 -room hotel and 800 -space parking garage with 400 public spaces. In addition, the applicant will provide "upfront" financing for the Beachwalk project and relocated South Gulfview Boulevard, generally between the south beach concession structure and First Street. The City will process the vacation requests of both Third Street and South Gulfview Boulevard (between the Pier 60 parking lot and the public parking lot north of the Adam's Mark resort), provide units from the resort units bonus pool, and reimburse the applicant for public improvements from the additional ad valorem revenue and other public revenues generated by the project beyond the existing revenue levels. Page 5 The City Commission may enter into development agreements to encourage a stronger commitment on comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. The Community Development Board is required to review the proposed development agreement and make a recommendation to the City Commission. A. COMPLIANCE WITH MAXIMUM DEVELOPMENT POTENTIAL STANDARD IN THE T, TOURIST DISTRICT: STANDARD PERMITTED/ REQUIRED EXISTING PROPOSED IN COMPLIANCE DENSITY 30 du/acre or 66 overnight 250 overnight No* (dwelling units 40 overnight accommodation accommodation or rooms per accommodation rooms and one rooms (153 acre) rooms /acre dwelling unit (67 du/acre) units total) IMPERVIOUS 0.95 Approximately 1.0 No* SURFACE 0.90 RATIO *The Comprehensive Infill Redevelopment Project use permits deviations from the minimum standards within the Code. Page 6 B. FLEXIBILITY STANDARDS FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS IN THE T, TOURIST DISTRICT: STANDARD REQUIRED EXISTING PROPOSED IN COMPLIANCE? LOT AREA N/A 47,045 square 71,002 square Yes minimum feet feet (1.08 acres) (1.63 acres) LOT WIDTH N/A 100 feet (north of 240 feet Yes minimum Third Street); +130 feet (south of Third Street) HEIGHT N/A 1 -2 stories 150 feet Yes maximum FRONT YARD N/A Varies between 0 South Gulfview Yes SETBACK feet and 15 feet Blvd — 0 feet; minimum along both streets Coronado Drive — 0 feet SIDE YARD N/A Varies between 0 North — 0 feet Yes SETBACK feet and 10 feet South — 0 feet minimum PARKING N/A 36 spaces 800 spaces Yes SPACES (400 private minimum and 400 public) C. FLEXIBILITY CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards; As discussed within Beach by Design, the redevelopment of existing properties on the beach is not economically feasible at the prevailing rate of 40 rooms per acre. To justify the costs of demolishing income - producing improvements, new, major resort development requires a significant increase in density above the maximum currently permitted. It is not possible to provide a luxury hotel with substantial amenities and services without deviation from the intensity standards within the Tourist District. Beach by Design recognizes that destination resorts require a certain critical mass of rooms to support the high cost of quality improvements and amenities. Industry sources indicate that 200 to 250 rooms is a practical minimum for the number of rooms that are required to create a successful, destination resort. Page 7 2. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will not materially reduce the fair market value of abutting properties; The redevelopment of this site will likely enhance abutting properties. The buildings are approximately 50 years old. The current assessed valuation of the site is $2,690,500. With the redevelopment proposal, the new structure will add nearly $65,000,000 in building improvements. This increase in property value is expected to have a beneficial effect on surrounding properties. 3. The uses within the Comprehensive Infill Redevelopment Project are otherwise permitted in the City of Clearwater; The site is currently zoned Tourist District, and the hotel use (with associated restaurant, retail and structured parking uses) is permitted within that classification. 4. The uses or mix of uses within the Comprehensive Infill Redevelopment Project are compatible with adjacent land uses; The adjacent land uses are predominantly overnight accommodations and restaurants. These are compatible with the proposed upscale hotel with ancillary retail, restaurant and parking uses. 5. Suitable sites for development or redevelopment of the uses or mix of uses within the Comprehensive Infill Redevelopment Project are not otherwise available in the City of Clearwater; The proposed resort hotel is specifically geared to take advantage of the views of the Gulf of Mexico. It is also intended to aid in the revitalization of south Clearwater Beach. This location provides a unique opportunity to redevelop a portion of Clearwater Beach that is currently underutilized. The site is also located within an area of the beach that has been designated for catalytic resort projects. 6. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will upgrade the immediate vicinity of the parcel proposed for development; The development and design of the project will benefit the community both functionally and aesthetically. The existing buildings on site will be demolished. The proposed architecture and landscape design will set improve the area. Page 8 7. The design of the proposed Comprehensive Infill Redevelopment Project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; The proposed development will play a pivotal role in the continuing revitalization of Clearwater Beach. The site currently consists of modest structures built approximately 50 years ago. The new buildings will prove to be a significant improvement to the existing site conditions and will redefine the character of the immediate area. The building design will be recognizable to motorists and pedestrians and will become a landmark to visitors and tourists. The City will benefit by having an attractive building complex located in a redeveloping area. 8. Flexibility with regard to lot width, required setbacks, height and off - street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; Many of the buildings on Clearwater Beach currently reflect the setbacks (zero) as proposed by this development. The setbacks requested are consistent with the community character. The proposed development will aesthetically improve the immediate area. The proposed project reflects the City's vision of urban character within the Tourist District. Flexibility with regard to height is necessary to provide the proposed six levels of structured parking and the minimum of 250 resort units. The design of the structure includes a reduction in massing as height increases. 9. Adequate off - street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on- street parking in the immediate vicinity of the parcel proposed for development. A ratio of one parking space per hotel room is required resulting in 250 spaces. The applicant is providing 400 spaces for use by hotel guests /patrons, far exceeding the Code requirement. An additional 400 spaces for use by the public is also being provided as part of this proposal. The 800 -space parking garage will be located on the lower seven floors of the building. It will serve the needs of tourists, visitors, beach -goers and other business patrons. The public parking component will create a significant community benefit. 10. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. The Beach by Design design guidelines are intended to be administered in a flexible manner to achieve the highest quality built environment for the beach. They are not intended to serve as regulations requiring specific relief except with regard to building Page 9 height and spacing between buildings that exceed 100 feet in height. The height exceeds 100 feet, as provided in the Plan, as additional density is being requested through the bonus pool. The towers are located 100 feet apart. The design of the building includes extensive offsets in building plane which exceeds the recommendations of the Plan. The South Gulfview Boulevard (west) elevation includes common areas and guest rooms with balconies. The Coronado Drive (east) elevation consists of openings to the parking garage with an attractive architectural treatment and guest rooms with large windows. The height and mass of the building have been designed to relate to the public spaces through the establishment of a pedestrian walkway to the beach and provision of retail/restaurant uses along the proposed promenade. The design of the site is integrated with the adjacent (proposed) promenade along the west. Along Coronado Drive, 10 feet of right -of -way will be dedicated to the City for a sidewalk. The site will have a large pool deck plaza (approximately 21,000 square feet) and hardscape areas at the ground level. Street -level facades are designed to provide substantial windows along both street frontages. Building entrances will incorporate canopies, walkway coverings that are aesthetically inviting and easily identifiable. The entrances to the parking garage will be clearly marked. The design along Coronado Drive will include architectural details; along South Gulfview Boulevard the guest rooms and retail /restaurant uses will be located in front of the parking area. D. GENERAL APPLICABILITY: Conditions which are imposed by the Community Development Coordinator and the Community Development Board pursuant to a Level One or a Level Two Approval shall ensure that: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it is located. Although regarded as remarkable resource, the character of the beach is evolving from an obsolete and aged vacation spot to an improved tourist destination with modern buildings and abundant amenities. The Beach by Design's "Beach Walk District" is considered a primary beach destination. The proposed redevelopment of the site will be in keeping with the goals of the Plan to establish a resort area with distinctive and signature buildings. The proposal is consistent with the desired scale and character of sites undergoing redevelopment as described in Beach by Design. The building height is mitigated by the reduction in building mass as the height increases. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. Page 10 The site is zoned Tourist District and the proposed development will be in compliance with that zoning classification. The proposal includes the redevelopment and reuse of the site with substantially updated overnight accommodations. It is viewed as a pioneering project that will positively influence reinvestment and revitalization in other areas on the beach. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. The proposed hotel use is permitted in the zoning district. All adjacent properties will retain access to the proposed beach promenade and to the enhanced pedestrian and vehicle zone. Emergency vehicles and other public service vehicles will continue to provide service to adjacent properties. 4. The proposed development is designed to minimize traffic congestion. The proposed development will have an ingress - egress access from both South Gulfview Boulevard and Coronado Drive. Hotel rooms, as proposed, are frequently used on a seasonal basis and have non -peak hour characteristics. The current level of service (LOS) on South Gulfview Boulevard is "D" and on Coronado Drive is "C ". According to the Traffic Impact Assessment prepared by King Engineering Associates, the project is not expected to degrade the existing LOS on either road. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed development is consistent with the Beach by Design plan and will raise the standards of the community character of the immediate vicinity. The redevelopment of the site with an upscale, resort hotel with structured parking will assist in repositioning the beach as a primary tourist attraction. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The hours of operation are consistent with an upscale, fully- operational hotel in a tourist area. All refuse collection, service vehicles, delivery trucks, parking and other potentially adverse elements will be screened within the structural envelope of the building. SUMMARY AND RECOMMENDATION: The application and supporting materials were reviewed by the Development Review Committee (DRC) on January 19, 2001. The applicant has worked with staff over the past several months to provide an attractive, well - designed development that will enhance the local area and City as a Page 11 whole. The development will further the City's goals of improving the character of area and promoting private sector investment on the beach. The proposal is in compliance with the standards and criteria for Flexible Development approval for Comprehensive Infill Redevelopment Project use, with all applicable standards of the Community Development Code and is consistent with the Beach by Design Plan. The Board shall make a separate motion for recommendation to the City Commission for the site plan request and development agreement request. The Planning Staff recommends APPROVAL of the Flexible Development (Comprehensive Infill Redevelopment Project) application, subject to the following conditions: 1) That this application be effective upon development agreement approval by the City Commission; 2) That the Gulfview Boulevard and Third Street rights -of way be vacated by the City Commission; and 3) That the final design of the building be consistent with the conceptual elevations as submitted and/or modified by the CDB. The Planning Staff also recommends APPROVAL of the development agreement request. Prepared by: Lisa L. Fierce, Development Review Manager ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application S: (Planning Department)C D BIFLEXIPending ApplicationslGulfview S 301 Marriott HotellMarriott hotel Staff report.doc Page 12 m Aerial Map tic.-flaacnal Incopozwtied and NayKem an dah P 7h2Taha)asznoam NORTH �3 22911301 South Gzzhi�iew Boulevard I =200-' 23013001304 Coronado Diivc FL 01-01-01 /DA 01-01-01 ' J WWI I tie 11 AM Ems al %,-- 59 - - - - - - oe, -X A 0k. VA. k 4 mitt- E WK6Z. crry OF CLEARWATEI� FLORIDA LL PUBLIC WORKS ADMINISTRATION ENGINEERING NORTH ocation Map AI -Nayem Inte mtionallncorPorated and Karldiah .. Tbavabalasulgam 229/301 South Gab ewzl evard 23013001304 Coronado Drive FL 01 -01 -01 /DA 01 -01 -01 PROJECT SITE 0 5 1i b-�/" CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING t' f GULFMEW 0 2 `� ° 5 °' 0 32/021 32/03 va sa 3 10 FIRST 59 1os a 90 2 STREET 94 3 4 t 60 LO Z,� Q^ O 98 T NOT A 5 °' °� HIS 1 Sarver zo1 6 52 98 z07 � O 100 5 6 53 99 co .212 7 7 S 100 co 54 a z "o m z, 1 o z17 U 2 D_8. 761 -285 8 218 �reOF� z1s 55 �H 0 9 102 zz1 4 z1s h t132z4 52 D.B. 1301 -407 10 W 53 � 225 11 ] 1129 57 104 zzs 1 w (� zz8 51 i c 230 Q'y o)2 230 50 z 12 THIRD ■ 7o 3 30> STREET 0 ■ d THE 105 30 z51 EACH PACE 3or 1 co 300 Nil > 13 P 1iOTEL Co Q , 65 -13 106 30 305 2 / 60 Q 14 309 60 3 °9 O 3 C\1 1 O 311 61 108 TA 16 315 109 316 316 4C\1 316 62 319 110 32o 317 5 2 IP 6 3 17 319 2A 18 111 326 3z1 3 6 4 1 z3 6 C 3 19 332 325 113 Q 9276 7Z 326 W 3A 65 20 �-v 114 OZ 331 8 4 330 4A $S�TOPPF 66 115 0 333 ►� 332 = 21 ►� 733 67 v 910 6 5 57 56 116 c 333 54 5 - CO 0 0 22 68 117 341 N 23 70 747 34311 3q2 ° BRlGyT 4 T ER 118 34512 7 60 TER DRIVE 24 35 70 119 34e 6D ' , FLEXIBLE DEVELOPMENT REQUEST OWNER: AI -Nayem International Incorporated and �7 CASES: FL 01 -01 -01 $ Kandiah P. Thavabalasingam DA 01 -01 -01 PROPERTY SIZE (ACRES): 1.63 229/301 South Gulfview Boulevard -QITES: 230/300/304 Coronado Drive PIN: 07/29/15/069281000 /0160 ATLAS 276A PAGE: R, vit GULFMEW B 1 1 32/03 �} 2 CASES: FL 01 -01 -01 & v 't � m rn °' 32/02 PROPERTY SIZE (ACRES): 1.83 `-' 3 230/300/304 Coronado Drive PIN: 07/28/15/05928/000 /0160 FIRS T ATLA S 2 76A 2 PAGE: STREET 3 o 4 5 �fJp�j 1 MaNOT SURVEY Vol 6 ' r(L 52 98 a 9 'LQ 5 6 a e�;t 7 5 •o 7 �t•e cti • X98 °° Ne t o yoti eo 9 102 c� 3 O 10 S i As 444 53 52 11 j� ■ 57 104 1 2 51 50 12 THIRD STREET 13 • am 105 106 1 14 60 �g,ht �tti 15 61 108 O A 1 4 a G i1,tJ 0 5 2 2A 1 c• C 't'a' 0 6 a' 19 6 4 Q 9 e 3 7 3A 113 65 0 20 1 � iV0 8 d a 4A 66• O 2 21 �e (3� 6 5 57 56 16 54 5 22 d'68 117 23 69 118 11 7 BRIGHT WATER DRIVE 24 70 119 12 ' 8 1 I EXISTING SURROUNDING USES OWNER: AI -Nayem International Incorporated and CASES: FL 01 -01 -01 & Kandiah P. Thavabalasingam DA 01 -01 -01 PROPERTY SIZE (ACRES): 1.83 229/301 South Gulfview Boulevard TES: 230/300/304 Coronado Drive PIN: 07/28/15/05928/000 /0160 ATLA S 2 76A PAGE: SUBJECT/RECOMMENDATION: Clearwater City Commission Worksession Item # Agenda Cover Memorandum Final Agenda Item # Meeting Date Feb. 15.2001 Review and approval of a development agreement between the Clearwater Seashell Resort L.L.C. and the City of Clearwater. MOTION: APPROVE a development agreement between the Clearwater Seashell Resort L.L.C. and the City of Clearwater and PASS Resolution No. 01 -06. ❑ and that the appropriate officials be authorized to execute same. SUMMARY: • The subject site is 1.63 acres in area and is located on either side of 3rd Street between South Gulfview Boulevard and Coronado Drive. It is located within an area identified for a catalytic project by Beach by Design and is a priority candidate for redevelopment on Clearwater Beach. • The applicant is proposing to construct a 250 room resort hotel 150' feet in height. The proposal also includes 35,000 - 50,000 square feet of retail /restaurant space and an 833 ± space garage. • The proposal requires use of 184 hotel rooms from the density pool created in Beach by Design and the vacation of 3rd Street and South Gulfview. • The applicant is proposing to begin construction as soon as practical upon approval of the development agreement and commits to the following: o Construction of improvements and participation in the financing of S. Gulfview Boulevard to create Beach Walk generally between 1St Street and the South Beach Pavilion; o Dedication of ten (10) feet for use as public right -of -way abutting Coronado Drive; and Reviewed Originating Department: Costs: Commission Action: by: Legal Planning and opment ❑ Approved Budget N/A Gina L. Clayto Total ❑ Approved with Conditions Purchasing N/A Risk Mgmt. N/A User Department: ,� / p° Current Fiscal Year ❑ Denied ❑ Continued to: Is N/A Funding Source: ACM N/A ❑ Capital Improvement- Other N/A Advertised: ❑ Operating: Date: ❑ Other: Attachments: Paper: ❑ Not Required Appropriation Code Development Agreement Resolution No. 01 -06 Submitted by: Affected Parties ❑ Notified City Manager ❑ Not Required ❑ None 0 Printed on recycled paper o Availability of 400 parking spaces in the private garage will be made available for public use. • The proposal is in compliance with the standards for development agreements and is consistent with Beach by Design. • The Community Development Board will review the proposed application for flexible development approval at a meeting on January 31, 2001 and make a recommendation to the Commission. Staff will report the recommendation at the City Commission meeting. • The City Commission is to review the development agreement, the recommendations of the Community Development Board and Community Development Coordinator and public testimony, and approve, approve with modifications or deny the proposed agreement. 2 k v-kn W t I RESOLUTION NO. 01 -06 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE CLEARWATER SEASHELL RESORT L.L.C; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with the Clearwater Seashell Resort L.L.C; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and Clearwater Seashell Resort L.L.C, a copy of which is attached as Exhibit "A" is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2001. Brian J. Aungst Mayor- Commissioner Approved as to form: Attest: Cynthia E. Goudeau Assistant City Attorney City Clerk Resolution No. 01- 4orksession Item #_- _ Q Clearwater Qty Commission Agenda Cover Ntmorandum nal Agenda Item # �W5 Meeting Date: SU B,MT /RHO M M BV DATI O N : Approve a Work Order to Post, Buckley, Schuh & Jernigan, Inc. (PBS&4 for $45,000 to provide traffic engineering services related to implementation of Beach By Design on south Clearwater Beach, I] and that the appropriate officials be authorized to execute same. SUMMARY: ,nr ♦ Traffic circulation recommendations for south Clearwater Beach presented in Beach By Design include. expanding Coronado Drive to three travel lanes, and rerouting South Gulfview Boulevard. ♦ To determine the feasibility of successfully implementing these recommendations more detailed engineering and field survey work is required. ♦ In 1998 PBS &), in association with DKS Associates, completed a comprehensive traffic study of Clearwater Beach. ♦ Due to their familiarity with the project area, the same team was chosen to do this implementation analysis. ♦ The end product of this analysis will confirm that the proposed road geometry can be physically constructed, that it will function acceptably in relation to proposed parking garage locations, and that traffic levels of service will be acceptable. ♦ A copy of the work order is available for review in the City Clerk's office. 1u Reviewed by: Originating Dept: Costs Legal Info Svc NA Public Works (M. Quillen) Total 45,000 - Budget Public Works � Funding Source: User Dept. Purchasing JIM DCM /ACM �V Current FY 45,000 CI X Attachments Risk Mgmt NA Other OP El None Other Appropriation Code: 315 -92261 -061200 -041 -000 Submitted by: Cit Man � 0 Printed on recvded caner Rev. 2198 1u , y. , IMF a ---- a> D P� YMar.s�_ R t L ' j! � ( ■ h* rri lot D� x r COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER January_31,;20.0_1 Present: Gerald Figurski David Gildersleeve William Johnson Carlen A. Petersen Alex Plisko Absent: Edward Mazur, Jr. Shirley Moran Also Present: Pamela K. Akin Leslie Dougall -Sides Ralph Stone Cynthia Tarapani Lisa L. Fierce Patricia 0. Sullivan Chair Board Member Board Member Board Member Board Member Vice Chair Board Member City Attorney Assistant City Attorney Planning Director Assistant Planning Director Development Review Manager Board Reporter The Chair called the meeting to order at 1:10 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. LEVEL 2 AND 3 APPLICATIONS Drive: AI- Nayem_International Inc. & Kandiah P. Thavabalasingam / Clearwater- - Se- a ell Resort LLC — Owner/ Applicant. Request flexible development approval to: 1) increase height from 35 feet to 150 feet; 2) increase from 65 .rooms to a minimum of 250 rooms and a maximum of 300 rooms; 3) reduce front setback along S. Gulfview Boulevard from 10 feet to zero feet; 4) reduce front setback along Coronado Drive from 10 feet to zero feet; 5) reduce side north setback from 10 feet to zero feet; and 6) reduce side south setback from 10 feet to zero feet. Request review and recommendation to City Commission: 1) vacation of Third Street right -of -way from S. Gulfview Boulevard to Coronado Drive; 2) vacation of eastern 35 feet of S. Gulfview Boulevard right -of -way, from approximately 130 feet north of the Third Street centerline Street to approximately 150 feet south of Third Street centerline, totaling approximately 250 linear feet of S. Gulfview Boulevard right -of -way); and 3) development agreement between Clearwater Seashell Resort LLC and City as part of a Comprehensive Infill Redevelopment Project at Lloyd - White- Skinner Sub, Lots 57 -59, 104 -106 and part of Lots 56, 103 & 107. FL 01 -01 -01 and DA 01 -01 -01 mcd01b01 mmijIF 01/31/01 The City Attorney reported due to mailing irregularities, nearby property owners did not receive notice of this meeting within the required time-limit. The item is rescheduled for February 20, 2001. ADJOURNMENT The meeting adjourned at 1:12 p.m. mcd01 b01 2 01/31/01 L - 0 d Updated as of 1/11/01 } arwater U AGENDA COMMUNITY DEVELOPMENT BOARD Date: Wednesday�J_ nary 3 -1 -, Z001`, Time: 1:00 p.m. Place: 112 South Osceola Street, 3rd Floor, Clearwater, Florida, 33756 (City Hall Commission Chambers) The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted listening devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a record of the proceedings to support such appeal. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE ROLL CALL Chair Figurski Vice -Chair Mazur Gildersleeve Johnson Moran Petersen Plisko City Staff A. REQUESTS FOR CONTINUANCES/RECONSIDERATION: None B. CONTINUED ITEMS: None HLE WH CDB agenda —01/31/01 -Pagel C. LEVEL 2 AND LEVEL 3 APPLICATIONS: 1. Case:_FL 0.1-01--01- and-- DA- 01- 01 -01 -- -229- -and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive Owners: Al -Nayem International Incorporated and Kandiah P. Thavabalasingam. Applicant: Clearwater Seashell Resort LLC. Location: 1.63 acres located on the east side of South Gulfview Boulevard, west of Coronado Drive, on the north and south sides of Third Street. Zoning: T, Tourist District. Requests: (a) Flexible Development approval, as part of a Comprehensive Infill Redevelopment Project, with an increase in height from 35 feet to 150 feet, increase from 65 rooms to a minimum of 250 rooms and a maximum of 300 rooms, reduction in front setback along South Gulfview Boulevard from 10 feet to zero feet, reduction in front setback along Coronado Drive from 10 feet to zero feet, reduction in side (north) setback from 10 feet to zero feet, and reduction in side (south) setback from 10 feet to zero feet; (b) Review of, and recommendation to the City Commission on, a request to vacate Third Street right -of -way from South Gulfview Boulevard to Coronado Drive; (c) Review of, and recommendation to the City Commission on, a request to vacate the eastern 35 feet of South Gulfview Boulevard right -of -way (beginning approximately 130 feet north of the centerline of Third Street and ending approximately 150 feet south of the centerline of Third Street, totalling approximately 250 linear feet of South Gulfview Boulevard right - of -way); and (d) Review of, and recommendation to the City Commission on, a development agreement between Clearwater Seashell Resort LLC and the City of Clearwater. Proposed Use: A 300 -room hotel with ancillary restaurant/retail sales and service uses and an 800 -space parking garage. Presenter: Lisa L. Fierce, Development Review Manager. S.-Planning DepartmentlC D Blagendas DRC & CDBICDBI2001101 JanuarylCDB agenda - special meeting - 01 -31- 01. doc CDB agenda — 01/31/01 - Page 2 CDB Meeting Date: January 31, 2001 Case Number: FL 01 -01 -01 and DA 01 -01 -01 Agenda Item: C 1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNERS: Al -Nayem International Incorporated and Kandiah P. Thavabalasingam LOCATION: 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive REQUESTS: (a) Flexible Development approval, as part of a Comprehensive Infill Redevelopment Project, with an increase in height from 35 feet to 150 feet, increase from 65 rooms to 250 rooms, reduction in front (west) setback along South Gulfview Boulevard from 10 feet to zero feet, reduction in front (east) setback along Coronado Drive from 10 feet to zero feet, reduction in side (north) setback from 10 feet to zero feet, and reduction in side (south) setback from 10 feet to zero feet; (b) Review of, and recommendation to the City Commission on, a request to vacate Third Street right -of -way from South Gulfview Boulevard to Coronado Drive; (c) Review of, and recommendation to the City Commission on, a request to vacate the eastern 35 feet of South Gulfview Boulevard right -of -way (beginning ap- proximately 130 feet north of the centerline of Third Street and ending approxi- mately 150 feet south of the centerline of Third Street, totalling approximately 250 linear feet of South Gulfview Boulevard right -of -way); and (d) Review of, and recommendation to the City Commission on, a development agreement between Clearwater Seashell Resort LLC and the City of Clearwater. PLANS REVIEWED: Site plan and site surveys submitted by King Engineering Consultants SITE INFORMATION: PROPERTY SIZE: 1.63 acres DIMENSIONS OF SITE: 240 feet in width by 300 feet in length PROPERTY USE: Current use: Overnight accommodations Proposed use: Overnight accommodations Page 1 PLAN CATEGORY: RFH, Resort Facilities High Classification ZONING DISTRICT: T, Tourist District ADJACENT LAND USES: North: Overnight accommodations and single - family residential South: Restaurant East: Overnight accommodations West: Public parking lot /Gulf of Mexico CHARACTER OF THE IMMEDIATE VICINITY: The immediate vicinity is dominated by resort and commercial uses. ANALYSIS: Background The site is 1.63 acres located on the east side of South Gulfview Boulevard, west of Coronado Drive, on the north and south sides of Third Street. It has been developed with overnight accommodations (Glass House Motel and Beach Place Motel at 229 and 301 South Gulfview Boulevard, respectively) and a single - family dwelling and outbuildings at 300 Coronado Drive. The motel buildings were built between 1941 and 1956 and contain a total of 66 rooms. All existing structures will be razed as part of the redevelopment of the site. The site also includes a portion of the easternhalf of the South Gulfview Boulevard right -of -way and Third Street right - of -way between South Gulfview Boulevard and Coronado Drive. The City has identified this site as a priority candidate for redevelopment and revitalization for Clearwater Beach. The area along South Gulfview Boulevard and Coronado Drive is characterized by older, modest hotels and motels and retail businesses within mid -rise buildings. Redevelopment in the area requires the assembly of sufficient land to develop signature buildings with on -site amenities and adequate off - street parking. Beach by Design Plan The site is located within the Beach Walk District of the Beach by Design Plan. This area is recognized as the primary beachfront destination on Clearwater Beach. The Plan recommends that this area be fully redeveloped in terms of road realignments, parking and building design. Specifically, it recommends the redevelopment of South Gulfview Boulevard into a beachfront promenade that will involve the removal of most surface parking west of the road. It will include a pedestrian way and bicycle path. This strategy has been identified as a way to stimulate the redevelopment of property in the area and to reposition the beach as a first -rate tourist venue. To assist in the transformation of Clearwater Beach into a quality family resort, Beach by Design establishes a density pool of 600 additional hotel rooms that are available in key locations including the subject site. The pool will be available for a five -year period following designation Page 2 of the beach as a Community Redevelopment District, pursuant to the Countywide rules. The applicant is proposing the use of 183 rooms within the density pool. Beach by Design establishes criteria by against which proposals seeking use of the density pool are measured. These criteria and design guidelines within the Plan are discussed further in this report. The Board recommended approval of Beach by Design to the City Commission at its January 23, 2001 meeting. The Commission will conduct public hearings and first and second readings of the ordinance regarding the Plan (tentatively) on February 1 and 15, 2001. Redevelopment Proposal The proposal includes the consolidation of smaller parcels into a larger redevelopment site. The plan is for a 250 -room, full- service, upscale hotel with banquet facilities, restaurants, and retail uses. The hotel will also include a health club and pool. The rooms will range from standard rooms to luxury suites with kitchenettes. Some rooms will have private lanais. An 800 -space parking garage will be built under the hotel. By Code, 250 parking spaces are required for overnight accommodations use (one space per room). The applicant is providing an additional 150 spaces for hotel use. The remaining 400 spaces will be available for public use. As part of the Beach by Design Plan, a portion of the existing public parking lot west of South Gulfview Boulevard will be removed. The design of the hotel will include two towers with a center span. The towers will be 100 feet apart. There will be six levels of structured parking and seven levels of hotel rooms for a total of 14 floors. The building will measure 150 feet to the top of the principal roof structure from the base flood elevation. The building will have two front doors: a formal entrance front view is proposed along Coronado Drive that is upscale and elegant in character; the beach entrance is proposed along South Gulfview Boulevard and includes colonnade elements with arches and canopies. The proposed materials will be stucco and polished stone with natural colors and a barrel -tile roof. The design of the hotel and parking structure features massing which steps back as elevation increases, creating interesting elevations along the skyline. The South Gulfview Boulevard (west) elevation will feature balconies overlooking the Gulfof Mexico. The multiple levels of structured parking will be camouflaged by the building design and hidden from beach - goers. A pedestrian overpass will extend from the second story of the hotel, across the promenade and relocated South Gulfview Boulevard, to the beach. The proposal includes the implementation of the beach walk improvements as outlined in Beach by Design. The character of the proposed beachwalk will set the tone for the beach with substantial landscaping. Beach by Design calls for a landscape and circulation program that establishes a new accessway (relocated South Gulfview Boulevard) and specialized plantings in the area currently occupied by a portion of the public parking lot. Extensive use of specimen trees will be provided. Directly in front of the proposed building, on the gulf side, a promenade will be established in the right -of -way of existing South Gulfview Boulevard. This promenade will incorporate pavers, street trees, lighting and other amenities to integrate activity with the Page 3 building fagade and enhance the pedestrian experience. The streetscape will include street trees along both South Gulfview Boulevard and Coronado Drive. Additionally, internal landscaping will be provided on the pool deck. It will include tree wells and landscape planters. Flexible Development Request This application for Flexible Development approval is part of a Comprehensive Infill Redevelopment Project with specific requests to increase the height from 35 feet to 150 feet, increase the number of rooms from 65 rooms to 250 rooms, reduce the front setback along South Gulfview Boulevard from 10 feet to zero feet, reduce the front setback along Coronado Drive from 10 feet to zero feet, reduce the side (north) setback from 10 feet to zero feet, and reduce the side (south) setback from 10 feet to zero feet. The Comprehensive Infill Redevelopment Project allows flexibility with regard to setback and height for projects that are innovative, do not conform to typical development forms, involve a mix of uses and are beneficial to the City as a whole. The increase in height above 100 feet is consistent with the recommendations in Beach by Design: the plan includes a request to increase density, provides a separation of the two towers by 100 feet, and includes floorplate above 42 feet in height for use as public parking and above 100 feet that is less than 10,000 square feet. The reduction in side and front setbacks is needed to design for on -site circulation and includes the dedication of 10 feet of right -of -way along Coronado Avenue. The increase in density includes use of the density pool. The proposal meets the 14 specific criteria as outline in Beach by Design including: a minimum of 200 hotel rooms, full range of amenities, access to rooms via lobbies /corridors, a national marketing affiliation, trip generation management enforceable by covenant, mandatory hurricane evacuation (as necessary), maximum of 25 percent of rooms with kitchen facilities, exceptional architectural design and finishes, frontage of the Gulf of Mexico, minimum lot size of one acre, existing property with obsolete structures, Tourist District zoning with eligibility to increase height to 150 feet, provision of benefits to the City, and obligation to participate in (future) assessment program. South Gulfview Boulevard and Coronado Drive currently service the existing buildings located on the site. South Gulfview Boulevard will provide ingress and egress to the parking structure only. It operates at a Level of Service (LOS) "D ". Full access will be provided along Coronado Drive. Based on the traffic impact assessment performed by King Engineering Associates, project traffic is anticipated to be split between Coronado Drive and South Gulfview Boulevard at a rate of 40 to 60 percent, respectively. The traffic study concludes that the redevelopment of the site with a resort hotel and public parking is not expected to degrade the existing levels of service along South Gulfview Boulevard, Coronado Drive or the surrounding roadway system. Rights -of -way Vacation Requests The proposal anticipates the vacation of the eastern portion of Gulfview Boulevard (beginning approximately 130 feet north of the centerline of Third Street and ending approximately 150 feet south of the centerline of Third Street) and the vacation of Third Street from Coronado Drive to South Gulfview Boulevard. As proposed in Beach by Design, South Gulfview Boulevard will be Page 4 ultimately relocated farther west as part of a serpentine, beachwalk design. Its new configuration will include a two -way, two -lane road section and pedestrian way and bicycle path. The proposal also includes the dedication of 10 feet of right -of -way along Coronado Drive. Staff has chosen to advertise these vacation requests as a component of the overall project in advance of the final vacation. Clearly, both the vacation of Third Street and the South Gulfview Boulevard vacation and relocation are critical to this project and the Beachwalk project. Therefore, a condition of approval is recommended related to these vacation actions. Development Agreement Request The proposal also includes a request of, and recommendation to the City Commission on, a development agreement that sets forth public /private obligations. The City recognizes the economic and aesthetic benefits that will result from private development. The applicant also recognizes the benefit of public improvements that directly affect the marketability of the project and the character of the general area surrounding the project. The development agreement is attached for the Community Development Board public hearing and recommendation to the City Commission. In summary, the development agreement requires the applicant to construct a minimum 250 -room hotel and 800 -space parking garage with 400 public spaces. In addition, the applicant will provide "upfront" financing for the Beachwalk project and relocated South Gulfview Boulevard, generally between the south beach concession structure and First Street. The City will process the vacation requests of both Third Street and South Gulfview Boulevard (between the Pier 60 parking lot and the public parking lot north of the Adam's Mark resort), provide units from the resort units bonus pool, and reimburse the applicant for public improvements from the additional ad valorem revenue and other public revenues generated by the project beyond the existing revenue levels. The City Commission may enter into development agreements to encourage a stronger commitment on comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. The Community Development Board is required to review the proposed development agreement and make a recommendation to the City Commission. Page 5 A. COMPLIANCE WITH MAXIMUM DEVELOPMENT POTENTIAL STANDARD IN THE T, TOURIST DISTRICT: STANDARD PERMITTED/ REQUIRED EXISTING PROPOSED IN COMPLIANCE DENSITY 30 du/acre or 66 overnight 250 overnight No* (dwelling units 40 overnight accommodation accommodation Yes or rooms per accommodation rooms and one rooms (153 acre) rooms /acre dwelling unit (67 du/acre) LOT WIDTH N/A units total) 240 feet Yes IMPERVIOUS 0.95 Approximately 1.0 No* SURFACE 0.90 RATIO of Third Street) *The Comprehensive Infill Redevelopment Project use permits deviations from the minimum standards within the Code. B. FLEXIBILITY STANDARDS FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS IN THE T, TOURIST DISTRICT: STANDARD REQUIRED EXISTING PROPOSED IN COMPLIANCE? LOT AREA N/A 47,045 square 71,002 square Yes minimum feet feet (1.08 acres) 1.63 acres LOT WIDTH N/A 100 feet (north of 240 feet Yes minimum Third Street); +130 feet (south of Third Street) HEIGHT N/A 1 -2 stories 150 feet Yes maximum FRONT YARD N/A Varies between 0 South Gulfview Yes SETBACK feet and 15 feet Blvd — 0 feet; minimum along both streets Coronado Drive — 0 feet SIDE YARD N/A Varies between 0 North — 0 feet Yes SETBACK feet and 10 feet South — 0 feet minimum PARKING N/A 36 spaces 800 spaces Yes SPACES (400 private minimum and 400 public) Page 6 C. FLEXIBILITY CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards; As discussed within Beach by Design, the redevelopment of existing properties on the beach is not economically feasible at the prevailing rate of 40 rooms per acre. To justify the costs of demolishing income - producing improvements, new, major resort development requires a significant increase in density above the maximum currently permitted. It is not possible to provide a luxury hotel with substantial amenities and services without deviation from the intensity standards within the Tourist District. Beach by Design recognizes that destination resorts require a certain critical mass of rooms to support the high cost of quality improvements and amenities. Industry sources indicate that 200 to 250 rooms is a practical minimum for the number of rooms that are required to create a successful, destination resort. 2. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will not materially reduce the fair market value of abutting properties; The redevelopment of this site will likely enhance abutting properties. The buildings are approximately 50 years old. The current assessed valuation of the site is $2,690,500. With the redevelopment proposal, the new structure will add nearly $65,000,000 in building improvements. This increase in property value is expected to have a beneficial effect on surrounding properties. 3. The uses within the Comprehensive Infill Redevelopment Project are otherwise permitted in the City of Clearwater; The site is currently zoned Tourist District, and the hotel use (with associated restaurant, retail and structured parking uses) is permitted within that classification. 4. The uses or mix of uses within the Comprehensive Infill Redevelopment Project are compatible with adjacent land uses; The adjacent land uses are predominantly overnight accommodations and restaurants. These are compatible with the proposed upscale hotel with ancillary retail, restaurant and parking uses. Page 7 5. Suitable sites for development or redevelopment of the uses or mix of uses within the Comprehensive Infill Redevelopment Project are not otherwise available in the City of Clearwater; The proposed resort hotel is specifically geared to take advantage of the views of the Gulf of Mexico. It is also intended to aid in the revitalization of south Clearwater Beach. This location provides a unique opportunity to redevelop a portion of Clearwater Beach that is currently underutilized. The site is also located within an area of the beach that has been designated for catalytic resort projects. 6. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will upgrade the immediate vicinity of the parcel proposed for development; The development and design of the project will benefit the community both functionally and aesthetically. The existing buildings on site will be demolished. The proposed architecture and landscape design will set improve the area. 7. The design of the proposed Comprehensive Infill Redevelopment Project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; The proposed development will play a pivotal role in the continuing revitalization of Clearwater Beach. The site currently consists of modest structures built approximately 50 years ago. The new buildings will prove to be a significant improvement to the existing site conditions and will redefine the character of the immediate area. The building design will be recognizable to motorists and pedestrians and will become a landmark to visitors and tourists. The City will benefit by having an attractive building complex located in a redeveloping area. 8. Flexibility with regard to lot width, required setbacks, height and off - street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; Many of the buildings on Clearwater Beach currently reflect the setbacks (zero) as proposed by this development. The setbacks requested are consistent with the community character. The proposed development will aesthetically improve the immediate area. The proposed project reflects the City's vision of urban character within the Tourist District. Flexibility with regard to height is necessary to provide the proposed six levels of structured parking and the minimum of 250 resort units. The design of the structure includes a reduction in massing as height increases. Page 8 9. Adequate off - street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on- street parking in the immediate vicinity of the parcel proposed for development. A ratio of one parking space per hotel room is required resulting in 250 spaces. The applicant is providing 400 spaces for use by hotel guests /patrons, far exceeding the Code requirement. An additional 400 spaces for use by the public is also being provided as part of this proposal. The 800 -space parking garage will be located on the lower seven floors of the building. It will serve the needs of tourists, visitors, beach -goers and other business patrons. The public parking component will create a significant community benefit. 10. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. The design of the proposed hotel complies with the following guidelines within Beach by Design: In particular, the height exceeds 100 feet, as provided in the Plan, as additional density is being requested through the bonus pool. The towers are located 100 feet apart. The floorplate of the buildings exceeds 25,000 square feet because of the public parking provided on levels two through seven. The proposed building will have varying floorplates, however, above level seven. Between levels 11 and 14, the floorplate will be reduced to approximately 9,000 square feet. The design of the building includes extensive offsets in building plane which exceeds the recommendations of the Plan. The South Gulfview Boulevard (west) elevation includes common areas and guest rooms with balconies. The Coronado Drive (east) elevation consists of openings to the parking garage with an attractive architectural treatment and guest rooms with large windows. The levels above the parking garage (eight through 14) will not occupy more than 60 percent of the (theoretical) building envelope. The height and mass of the building have been designed to relate to the public spaces through the establishment of a pedestrian walkway to the beach and provision of retail/restaurant uses along the proposed promenade. The design of the site is integrated with the adjacent (proposed) promenade along the west. Along Coronado Drive, 10 feet of right -of -way will be dedicated to the City for a sidewalk. The site will have a large pool deck plaza (approximately 21,000 square feet) and hardscape areas at the ground level. Street -level facades are designed to provide substantial windows along both street frontages. Building entrances will incorporate canopies, walkway coverings that are aesthetically inviting and easily identifiable. The entrances to the parking garage will be clearly marked. The design along Coronado Drive will include architectural details; Page 9 along South Gulfview Boulevard the guest rooms and retail/restaurant uses will be located in front of the parking area. D. GENERAL APPLICABILITY: Conditions which are imposed by the Community Development Coordinator and the Community Development Board pursuant to a Level One or a Level Two Approval shall ensure that: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it is located. Although regarded as remarkable resource, the character of the beach is evolving from an obsolete and aged vacation spot to an improved tourist destination with modern buildings and abundant amenities. The Beach by Design's "Beach Walk District" is considered a primary beach destination. The proposed redevelopment of the site will be in keeping with the goals of the Plan to establish a resort area with distinctive and signature buildings. The proposal is consistent with the desired scale and character of sites undergoing redevelopment as described in Beach by Design. The building height is mitigated by the reduction in building mass as the height increases. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The site is zoned Tourist District and the proposed development will be in compliance with that zoning classification. The proposal includes the redevelopment and reuse of the site with substantially updated overnight accommodations. It is viewed as a pioneering project that will positively influence reinvestment and revitalization in other areas on the beach. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. The proposed hotel use is permitted in the zoning district. All adjacent properties will retain access to the proposed beach promenade and to the enhanced pedestrian and vehicle zone. Emergency vehicles and other public service vehicles will continue to provide service to adjacent properties. 4. The proposed development is designed to minimize traffic congestion. The proposed development will have an ingress - egress access from both South Gulfview Boulevard and Coronado Drive. Hotel rooms, as proposed, are frequently used on a seasonal basis and have non -peak hour characteristics. The current level of service (LOS) on South Gulfview Boulevard is "D" and on Coronado Drive is "C ". According to the Traffic Impact Assessment prepared by King Engineering Associates, the project is not expected to degrade the existing LOS on either road. Page 10 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed development is consistent with the Beach by Design plan and will raise the standards of the community character of the immediate vicinity. The redevelopment of the site with an upscale, resort hotel with structured parking will assist in repositioning the beach as a primary tourist attraction. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The hours of operation are consistent with an upscale, fully- operational hotel in a tourist area. All refuse collection, service vehicles, delivery trucks, parking and other potentially adverse elements will be screened within the structural envelope of the building. SUMMARY AND RECOMMENDATION: The application and supporting materials were reviewed by the Development Review Committee (DRC) on January 19, 2001. The applicant has worked with staff over the past several months to provide an attractive, well - designed development that will enhance the local area and City as a whole. The development will further the City's goals of improving the character of area and promoting private sector investment on the beach. The proposal is in compliance with the standards and criteria for Flexible Development approval for Comprehensive Infill Redevelopment Project use, with all applicable standards of the Community Development Code and is consistent with the Beach by Design Plan. The Board shall make a separate motion for recommendation to the City Commission for the site plan request and development agreement request. The Planning Staff recommends APPROVAL of the Flexible Development (Comprehensive Infill Redevelopment Project) application, subject to the following conditions: 1) That this application be effective upon development agreement approval by the City Commission; and 2) That the Gulfview Boulevard and Third Street rights -of way be vacated by the City Commission. The Planning Staff also recommends APPROVAL of the development agreement request. Prepared by: Lisa L. Fierce, Development Review Manager ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application S:IPlanning DepartmentICD BTLEXIPending Applications I Gulfview S301 Marriott HotelWarriott hotel Staff report.doc Page 11 '11 Ai 0 Aerial leap • a1- %erg n ernatronat Incorporated ana NORTH wdrah P .navahalasl2,¢arrl 22,9;%301 South {�Uh$7ewBoule7rard ,:"=200' 2301300/304 Coronado Drive /a 0 1_/Ji_91 It si MW A; Ir Pf ril- -JIV el '��?` � - + -- � - tae: -'. •��� I � t,i!,:;a. fir` •.�' "` t �F - - -- q r �, m { �w l - xq"i'. to �'f - -,, ^ a _ qP : t WT All —t AL C6A d OF i,v•E ARWATEIb SLl/R6LA YY" � PUBLIC WORKS ADMINISTRATION e°�,0 ENGWEERING o GULFVIEW 58.7 A 1 1 70 101 v `-)co r, A'; 88 32102 32/03 VA 2 t� �Y 59 105 ep 90 2 3 FIR STREET 94 3 o _ \ 4 60 b 98 IM 13 NCrr 201 52 98 Q' 1 5 6 zoo � O 10O 6 53 99 m z>z 7 7 100 Cr? 54 '� z �o z1a z17 O 2 'IeOF� D.B. 761- 0 285 $ -- O 0 z1s 55 H o 9 102 zzl 4 ■ t`3 D.B. 1301 -407 10 L � ■ I-7 n1 224 53 52 zz5 11 zz9 57 104 zzs 1Csa z28 51 C z30 C9 2.230 50 W O z 12 `° THIRD 70 3 0 301 STREET- THE 105 30 z51 EACH RACE 301 1 CO 30o MOTEL COxpp Nt 13 a ■ 65 -13 106 30 305 2 60 v 14 a 309 60 309 � 1 O 3 311 61 108 1 1A 16 315 109 316 315 4N 316 319 62 1 10 3z0 19 5 Q 2 17 j 63 2A IP 18 111 3zs 321 6 64 13— 3zs 3 19 3zs 113 a 3zs 72 3zs 2 3A 33z 65 AC 20 ~ 114 Z 331 g 4 4A P PF 66 Ir 330 Q 8J --101 101 21 �" O 33 116 5 3 9 0 6 � 5 33z 3337 56 54 53 333 67 0 0 L 68 117 341 o ��° •� o 23 70 747 34311 34Z ° BRIGHT WA 69 118 34512 7 so TAR DRryE 24 � 351 70 119348 60 346 FLEXIBLE DEVELOPMENT REQUEST OWNER: AI -Nayem International Incorporated and CASES: Fl- 01 -01 -01 8� Kandiah P. Thavabalasingam I DA 01 -01 -01 229/301 South Gulfview Boulevard PROPERTY SIZE (ACRES): 1.63 CITES' PIN: 07/29/16/06929/000 /0160 230/300/304 Coronado Drive ATLAS 276A PAGE: GULFVIEW _.BtWL-- 1 I ' 1 v U' �o o °' °' 32/02 32/03 2 Iry vrn� 3 FIRST 2 STREET 3 o 4 ) M � TM8 B NOT 5 SURVEY 1 52 98 5 6 9 ti0 pa �7 fit. 5z 7 ti . 8 o ° d,� -k a'� e �e p� 102 O 9 e� 3 men 10 i 53 52 5. 11 j ° 57 104 , 51 On 2 50 a 12 ; THIRD • S7REET 105 1 ;. 106 r' t 2e 14 4 M 60 ^I�' 15 61 108 W; 1A O Qr " r 16 .00 �p `� ��' 4 9 2 e 5 0' C'� 2A 0 6 6 4 Q a' 3 19 65 113 0 e 7 3A `S d, 4A 20 1 ti0 8 66- O r 21 1%)e 4D 6 5 57 56 54 16 5 22 d'68 117 23 11 BRIGHT WATER 69 118 7 DI � 12 24 119 70 8 , r EXISTING SURROUNDING USES OWNER: AI -Nayem International Incorporated and CASES: FL 01 -01 -01 & Kandiah P. Thavabalasingam DA 01 -01 -01 TPROPERTY SIZE (ACRES): 1.83 229/301 South Gulfview Boulevard c (TES : 230/300/304 Coronado Drive PIN: 07/291151059281000 /0160 ATLAS 276A PAGE: Stone, Ra U To: Community Development Board Member Cc: Pam Akin, City Attorney Subject: Draft Development Agreement with Clearwater Beach Seashell Resort Please be aware that the attaced development agreement is a draft that will be refined prior to your meeting on Wednesday. The major components of the agreement have been worked out between the city and the applicant, however some of the language will likely be amended. Staff and the Legal Department will cover amendments with you at the meeting. Thank you for your consideration regarding this circumstance. 1 CDB Meeting Date: January 3, 2001 Agenda Item: D3 CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT PLAN UPDATE REQUEST: Beach by Design INITATED BY: City of Clearwater Planning Department BACKGROUND INFORMATION: In 1997 -1998, a Plan was prepared for Clearwater Beach entitled "Clearwater Beach: Strategies for Revitalization." This planning process involved extensive public input, including surveys and meetings and gained much public consensus. The Plan outlined redevelopment strategies ranging from transportation improvements to the redevelopment of Brightwater Dr. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, which was prepared by the City's consultant Siemon and Larson, was "designed to implement the recommendations of that Plan [Strategies for Revitalization] in light of fiscal and legal constraints, analysis of the economy and market, as well as changed conditions." Beach by Design was presented to the City in September 2000. Four citywide public workshops have been held to date to solicit input from City residents and property owners. As a result of the comments received thus far by the Commission and residents, staff has refined some aspects of the Plan. Staff is submitting the Plan to the Community Development Board for input. ANALYSIS: Beach by Design sets forth a series of strategies for the revitalization of Clearwater Beach The Plan includes six major components: • Land Use • Mobility • Off - street Parking FJLE n p f • Catalytic Projects • Economic Feasibility and Financing, and • Design Guidelines Below is a brief discussion of each component of the plan. 1. Land Use. The boundaries for Beach by Design are Acacia Street to the north, the Sand Key Bridge to the south, and the Gulf of Mexico to the west and the Intracoastal Waterway to the east. Beach By Design establishes the following eight (8) distinct districts within Clearwater Beach. Below please find a brief description of the anticipated character of each district and attached please find a locational map of the district boundaries. • Old Florida — Low scale and intensity area of North Beach. Renovation and revitalization of existing improvements is anticipated. Densities in the area should generally be limited to existing densities. • Destination Resort — The preferred form of redevelopment is mixed with resort residential and hospitality uses fronting on the Beach and retail, restaurant and residential uses fronting on North Mandalay. • Marina Residential — Beach by Design anticipates the redevelopment of this area -into a marina based residential neighborhood with commercial uses permitted in specified locations and residential uses permitted between. A public boardwalk is desired for this neighborhood between the Causeway and Mandalay with the potential development of a marina - based hotel on the Yacht Basin Apartment site. • Retail and Restaurant — The Plan anticipates that this district will become a retail and restaurant district. It also stresses the need for a parking garage to accommodate anticipated commercial development in the District. • Pier 60 — Additional beautification efforts are proposed for the area surrounding the Beach Roundabout. The area will continue to be a place of assembly on the Beach. • Small Motel District — Beach by Design envisions that this area will retain most of the existing buildings and be an area where renovations to existing improvements are made. The only exception is on Brightwater Dr., which is anticipated to redevelop with new town homes and timeshares. 2 r .Y a Beach Walk — Beach by Design proposes to redevelop S. Gulfview into a great beachfront promenade that will involve the removal of some parking west of Gulfview. This strategy has been identified as a way to stimulate the redevelopment of properties in this area. • Clearwater Pass District — Beach by Design contemplates this District will be an area of strategic revitalization and renovation in response to improving conditions in other areas of the Beach. 2. Mobility. The mobility element of Beach by Design focuses on the arrival and distribution of traffic, the need and desirability of alternative transportation modes including pedestrian, bicycle and intra -beach transit, and transit between Downtown and the other barrier islands. This section also discusses access rationing and the need for residential and guest priorities in such a system and the possibility of access rationing by controlled access lanes. Some of the specific improvements proposed by Beach by Design include: widening Coronado to a three lane section; relocating S. Gulfview to the west of its current location to create Beach Walk which is a promenade, pedestrian way and bicycle path along traffic- calmed South Gulfview; road improvements on Mandalay; a continuous sidewalk system south of the Beach Roundabout; real sidewalks along North Mandalay; and an intra -beach transit system. Off - street parking is also identified as a key issue. Beach by Design proposes that at least two garages be constructed on Clearwater Beach when additional demand is generated by revitalization efforts. One garage is proposed to be located south of the Pier 60 Park and the other behind the Pelican Walk retail center. Additional garage sites were also identified on the west side of North Mandalay between Rockaway and Bay Esplanade, in the Clearwater Pass District and at the Clearwater Marina. 3. Catal3qic Projects Beach by Design proposes to designate the Beach a Community Redevelopment District on the Countywide Future Land Use Map. This would enable the City to transfer development rights within the Plan area and deviate from existing density standards. In order to overcome economic constraints associated with beach redevelopment, the Plan proposes a small number of catalytic resort projects that would transform Clearwater Beach into a quality family resort community. In order to stimulate these "catalytic resort projects ", the Plan proposes to establish a limited pool of 600 additional hotel rooms that would be available in key locations on the Beach. The pool would be available for five_ (5) years and would activate upon designation of the Community Redevelopment District. If the units were not used within that timeframe, they would cease to exist. 3 1 4. Economic Reality and Feasibility Beach by Design includes a section that estimates the public investment costs for all road, sidewalk and landscaping improvements proposed by the Plan, which is estimated to be approximately $12,126,000. The Plan proposes that a mix of existing City revenues and a special assessment. on benefited properties finance the investments. The Plan also recommends that the City seek federal funding for the capital costs of the intra -beach and beach access transit systems. 5. Design Guidelines Because Beach by Design involves private development and redevelopment, design guidelines have been included in the Plan to ensure that the City's design objectives will be met. The design guidelines section includes design objectives and provisions that will guide the following: • density • building height • building design, scale and mass • setbacks • street level facades • parking areas • sidewalks • street furniture • street lighting • fountains, and • materials and colors. The Community Development Board is reviewing Beach by Design in its capacity as the Local Planning Agency (LPA). The Board should review the proposed Plan and make a recommendation regarding it to the City Commission. The Plan will also be submitted to the Pinellas Planning Council and the Countywide Planning Authority for review and approval. CONSISTENCY WITH COMPREHENSIVE PLAN Please find below a selected list of goals, objectives and policies from the Clearwater Comprehensive Plan that is furthered by Beach by Design. • Policy 2. 1.1 Renewal of the beach tourist district shall be encouraged through the use of design guidelines, innovative shared parking solutions, possible land acquisition, transportation improvements, and establishment of community redevelopment area or areas." f" • Policy 2.1.4 — "The City shall continue to support and implement approved community redevelopment areas plans, such as the Downtown Redevelopment Plan adopted in 1995." • Policy 2.3.4 — `By December 2000, the City shall adopt additional design guidelines, as part of the Community Development Code, for the following areas: 1. Gulf to Bay Corridor 2. Clearwater Beach and vicinity • Objective 19.3 — "Public access to the beach shall be maintained or improved through parking and multimodal transportation enhancements." • Policy 19.3.3 — "The City encourages trolley service from the mainland to Clearwater Beach." • Objective 19.6 — "Redevelopment areas established in coastal areas should address the needs and opportunities unique to those locations." Beach by Design furthers the above goals by setting forth a plan to redevelop Clearwater Beach. It will establish the density pool through designating a specific area of the beach as a Community Redevelopment District through the Countywide Planning Authority. Beach by Design establishes design guidelines which are required by the Comprehensive Plan to be implemented, promotes shared parking in certain locations and recommends specific improvements to the transportation network including street improvements, intra- modal transportation, and strengthening public transportation between Downtown and the Beach and between the other County barrier islands. Beach by Design is consistent with the Clearwater Comprehensive Plan. SUMMARY AND RECOMMENDATION: Beach by Design provides a realistic framework for the redevelopment of Clearwater Beach. It establishes distinct land use districts that recognize existing and desired development patterns. It provides mobility solutions and a strategy for attracting the desired type of development. The Plan also offers a realistic cost estimate for public investments and imposes design guidelines to ensure appropriate building design and mass. The proposed Beach by Design is also consistent with the Comprehensive Plan. The Planning Department Staff recommends APPROVAL of Beach by Design. 5 %• Prepared by: Gina L. Clayton ATTACHMENTS: Land Use District Map Beach by Design The Coastal, Construction Contr -' T,ine Program - Beaches & Coastal Sys *-mss - FL DEP Page 1 of 4 „r Coastal Protection and Engineer CPE Sections. g g Coastal I> t i r y ihd E In" a g ■ Coastal. Constructlon _Control.:_Line {CCCL.)_. Program. ■ CCCL Educational Documents v Field.._Re.p.resentatives CPE Quick Links ► CCCL _Permit _ Application Form ► AppLi.c...atlon,,.Form for a Permit. Time Extension ► Per ..mit.._.F...ees „for._000.L... , About Quick Links CPE I CCCL Program The Coastal Construction Control Line Program The coastal construction control line program (CCCL) is an essential element of Florida's coastal management program. It provides protection for Florida's beaches and dunes while assuring reasonable use of private property. Recognizing the value of the state's beaches, the Florida legislature initiated the Coastal Construction Control Line Program to protect the coastal system from improperly sited and designed structures which can destabilize or destroy the beach and dune system. Once destabilized, the valuable natural resources are lost, as are its important values for recreation, upland property protection and environmental habitat. Adoption of a coastal construction control line establishes an area of jurisdiction in which special siting and design criteria are applied for construction and related activities. These standards may be more stringent than those already applied in the rest of the coastal building zone because of the greater forces expected to occur in the more seaward zone of the beach during a storm event. Would you like to view rules and regulations regarding the FILE COPY Coastal Construction Control. Line Program? C..h..apte.r 628.- 33,.._.F...lo.....d... a._.A.....d...m. n_s...trative, C r'.neio nrnvirioc tho Ancinn nnri citinn ha... 62B - http:// www. dep .state.fl.us[beach/ccclprog.htm 01/23/2001 ti The Coastal Construction Contr` Tine Program - Beaches & Coastal Sysf� -qs - FL DEP Page 2 of 4 V VNV, FIVYIN VJ II IV NVV IIJII -IV I ILII I requirements that must be met to obtain a coastal construction control line permit. Approval or denial of a permit application is based upon a review of the structural design adequacy and the potential impacts to the beach dune system, adjacent properties, native salt resistant vegetation, and marine turtles. A Back CCCL Educational Documents 33. Florida Administrative Code Rules and Procedures for Coastal Construction and Evacuation 0- ...C...hapter__1.61.., Florida Statutes _ . ............................... _ _ ..... ............................... Beach Preservation - Part 1 CPE I CCCL Documents The following documents are available for downloading in either Word 6.0 or higher or Adobe Acrobat Reader. Click on the icon of your choice. r tr0 Click here for a free download of Adobe Acrobat Reader Ky Note: Viewers can convert a pdf file to html through Adobe. ►.(For more info.rmatio.n on files,. downloading and n. avigation on this ..site.) ► Disclaimer .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CCCL Educational Documents Title and Description Version Coastal Construction Items of Concern - Intended to alert the applicant to important beach topics such as siting of all planned VM structures, foundation of structures, coastal armoring (seawalls, etc.), turtle nesting, and Ivegetation and landscaping guidelines. Interim Sea Grape & Saw Palmetto Guidelines - Guidelines for trimming sea grape and saw palmetto on your beach property. Rules of Green Thumb at the Coast - Instructions for properly landscaping your beach property. Sand Fencing Guidelines - Information about the different types of sand fences and how to properly construct one. Beach /Dune Walkover Guidelines - Design and construction information for elevated walkover structures. Homeowners Guide to CCCL Program (draft) - A complete outline of the Coastal rw Construction Control Line Program's;f http:// www. dep .state.fl.us/beach/ccclprog.htm 01/23/2001 The Coastal Construction Contr -' Line Program - Beaches & Coastal Sys * °•ns - FL DEP Page 3 of 4 jI reyun tsrn ientb. Back CPE I Area Engineers Coastal Construction Control Line Area Engineers The CCCL area engineers are in charge of reviewing permit applications, issuing permits, ensuring compliance and consulting with permit applicants. CPE I Field Representatives Coastal Construction Control Line Field Representatives Field representatives for the coastal construction control line program conduct compliance and enforcement inspections, issue field permits, and consult with permit applicants. The map below illustrates which counties are assigned to our field representatives. Note: A portion of the west coast is without a representative due to it's classification as "swampy coast" and not sandy beach. ;Ffelt� �R�pr��entathr�s 611116 Folkes I3obbie Neilson Tommie (T.C) Caner ,: Je nnifer Cowart John Kea t� Mark Tay►nton 1 Steve (Nest Phone numbers for both the area engineers and the field engineers are available on our staff contacts page. Back ■ Learn about our other sections Home.Page News About OurOff_ice I Sections I Data I Publications I Beach.Topics I Public ._File Transfer I Legal Documents I Related Sites I Disclaimer I Forms I Permit Fees I Rules. &.Statutes http:// www. dep .state.fl.us[beach/ccclprog.htm 01/23/2001 'r The Coastal Construction Contr -' Line Program - Beaches & Coastal Systems - FL DEP Page 4 of 4 Last updated: October 26, 2000 http: / /www.dep .state.fl.us/beach /ccclprog.htm 01/23/2001 Welcome-to the Office of Beach and Coastal Systems - FL DEP Page 1 of 3. V Emergency order document for Charlotte County V ..O.ur_.G....eograph c... Infor.. m.... .a...tio...n.._(GIS.).._D....a. to .._Page.._is._now.,available!_ T . R..... e... ad. ._about._ the .._Pin.e..l,l,as County. R.e...e....s...ta.b...f ish. ....e...nt..Proc....e.....s. News I Emergency Order Emergency Order for Charlotte County Below is a link to an Emergency Order for emergency conditions due to the impact of hurricane Gordon in Charlotte County. This document contains authorization pertaining to the following: o Activities Below Mean High Water on Submerged Sovereign Lands Fronting or Connected to the Gulf of Mexico o Activities Seaward of the Coastal Construction Control Line (CCCL) or the Fifty -foot Setback Line, and Landward of the Mean High Water Line Em_ erge, ncy._ O_ r.. d. e... r._ fo .r._.C....h.a...rLotte..Cou.nty Back News I Reestablishment Process Pinellas County Reestablishment Process http:// www .dep.state.fl.usibeach/news.htm 1/23/01 Welcome to the Office of Beach and Coastal Systems - FL DEP Page 2 of 3 The Pinellas County Coastal Construction Control Line (CCCL) is the last control line in the state to be relocated. The existing Pinellas County CCCL was established January 11, 1979. The legislature has directed the Department to reestablish all CCCL's which had been established prior to 1980, in order to comply with the 100 year storm frequency criteria, pursuant to Section 161.053 (3), Florida Statutes. The CCCL line was created not only to protect the beach -dune system, but was also meant to protect sea turtles, vegetation, and, coastal property from damage during storm events. The line is being revised according to scientific data dealing with shoreline profiles and the landward impacts of storm events specific to the Pinellas County coastline. The new CCCL will not require persons to modify their existing structures. Only new applications for additions to those structures or new structures seaward of the revised CCCL will have to conform to the Department's coastal construction regulations. Based upon a review of property values and insurance rates in counties such as Dade, Broward, Martin, Sarasota, and St. Lucie in which the coastal construction control line was reestablished, Florida Atlantic University found that the reestablishment of the coastal construction control line did not have a negative impact on property values or insurance rates. A statement of estimated regulatory cost is currently being prepared for Pinellas County, as provided for in subsection 120.541(2), Florida Statutes. Below is a link to documents and publications that inform the public about the CCCL and the reestablishment process. ► Pine. ll. a... s._ Cou_ nty_ Reesta. b. l.. i. s... h_. m..... e....n...t.._D.n....c...uments. Back News I GIs Page New Geographic Information Systems (GIS) Page The Coastal Geographic Information Systems (GIS) Data page is now available. The new data page contains a collection of ArcView Shapefiles data generated by both the Office of Beaches and Coastal Systems and outside sources. The critical erosion areas in Florida are available, as GIS coverages as well as the range monument coverages of 24 program counties are available. In the coming months, the Coastal Geographic Information Systems (GIS) Data page will also contain updated Coastal Construction Control Line, historic shoreline data and erosion control lines coverages. Below is a link to our data page. I GIS Data..._P....a.ge. Back .................... Home Page I About Our Office I Sections I Data I Publications I Beach Topics I Public File Transfer L.e..ga..l_.D...ocu..ments I R.e...la...te..d._.S...ite...s. I Disc.,,laime..r I For..m.....s.. I Pe..r.m....it_Fe,,Q.s.. I .R...yles._ &Statutes http:// www .dep.state.fl.usibeach/news.htm 1/23/01 Welcome-to the Office of Bea& -- and Coastal Systems - FL DEP Page 3 of 3 Last updated: October 18, 2000 http:// www .dep.state.fl.us/beach/news.htm 1/23/01 FREQUENTLY ASKED QUESTIONS ABOUT THE COASTAL CONTRUCTION CONTROL LINE WHAT IS THE RELATIONSHIP BETWEEN THE BEACH AND SHORE PRESERVATION ACT AND THE COASTAL CONSTRUCTION CONTROL LINE PROGRAM? The purpose of the Florida Beach and Shore Preservation Act, pursuant to Parts I and II of Chapter 161, Florida Statutes, is to preserve and protect Florida's sandy beaches and adjacent beach and dune systems. Beaches and dunes are vital components of the dynamic coastal system that surrounds most of Florida. The beach and dune system protects upland properties from storm damage, provides recreation for Florida residents and visitors, and provides habitat for wildlife. Imprudent development reduces the system's ability to provide these benefits. The Coastal Construction Control Line program is one of three interrelated components of the Beach and Shore Preservation Act which work in concert to preserve and protect Florida's beaches. The Coastal Construction Control Line Program protects the beach and dune system from imprudent upland construction that could weaken, damage or destroy the integrity of the beach and dune system. The remaining two components contained in the Act are the Beach Erosion Control Program, which provides for the restoration and maintenance of critically eroding beaches, and the Coastal Construction Program, which protects the shoreline from activities which could contribute to erosion. WHAT IS THE PURPOSE OF THE COASTAL CONSTRUCTION CONTROL LINE PROGRAM? The coastal construction control line program, an integral component of the state's Beach and Shore Preservation Act, provides protection for Florida's beaches and dunes while assuring reasonable use of private property. This is necessary because improperly sited and designed construction can destabilize or destroy the beach /dune system resulting in loss of this natural resource and its important values for recreation, upland property protection and environmental habitat. Construction activities seaward of the control line are not prohibited, but must meet special siting and design criteria to protect the resource. WHAT FACTORS ARE USED TO ESTABLISH A CONTROL LINE? Historical weather data, including past hurricanes, which have impacted the area under study, tide cycles, offshore bathymetry, erosion trends, upland topography, and existing vegetation and structures are evaluated using appropriate engineering predictive models and scientific principles to determine the upland limits of the effect of a one hundred year coastal storm. It is important to note that other major storm effects, including wind and flooding may penetrate much farther inland than the control line, however the magnitude of the forces associated with those effects is considerably less than those which are anticipated seaward of the control line. CAN I BUILD OR REBUILD SEAWARD OF THE CONTROL LINE? Yes DOES REBUILDING AN EXISTING STRUCTURE OR A STRUCTURE DAMAGED BY A STORM REQUIRE A PERMIT FROM THE DEPARTMENT? Yes. Generally, maintenance, repair or modifications of existing structures are exempt from the Department's permitting requirements as long as the activity does not involve additions to, repair of, or modifications to the foundation. Routine maintenance of the foundation is also exempt and minor repairs may also be exempt after Department review. Chapter 6213-33, Florida Administrative Code, outlines other specific activities that are or may, after review, be exempt. Otherwise, all construction activities will require either a field or an administrative permit from the Department. Unless the storm has altered the shoreline such that a viable building site landward of the beach no longer exists, structures damaged by a storm may be rebuilt. Structures that are being rebuilt for economic reasons may be rebuilt within or landward of the confines of the existing foundation upon compliance with appropriate standards. DO ALL PROPOSED CONSTRUCTION ACTIVITIES SEAWARD OF THE C( NTROL LINE REQUIRE A PERMIT? No. The statute allows exemptions to certain activities seaward of the control line which are not expected to cause any impacts or measurable interference with the coastal system. Included within this list of exemptions are improvements to existing single- family dwellings within the foundation limits not involving foundation work (e.g. replacing roofs, doors, windows, siding, second floor additions, etc.), and certain minor structures /activities located landward of seawalls or existing buildings. WHAT DOES THE DEPARTMENT CONSIDER WHEN REVIEWING A REQUEST FOR A PERMIT? Department permit requirements are presented in Chapter 6213-33, Florida Administrative Code. Approval or denial of a permit application is based upon a review of the facts and circumstances on the structural design adequacy, potential impacts, on the beach dune system, adjacent properties, native salt - resistant vegetation and marine turtles, and interference with public beach access. While most permit requests are approved as requested, some are modified during the permitting process to comply with siting and design criteria. DOES THE ESTABLISHMENT OF THE LINE AFFECT OWNERSHIP OF PROPERTY? No. Adoption of the CCCL establishes an area of jurisdiction in which special siting and design criteria are applied for construction and related activities. These standards may be more stringent than those already applied in the rest of the coastal building zone and are needed because of the greater forces, which are expected to occur during a storm event. Clearly, construction is allowed in this zone, however, the rules governing it are different. Since 1979 when the control line program was changed to adopt the one hundred year storm standard over 22,000 permits have been issued. IS THE "FAIR MARKET VALUE" OF A PROPERTY AFFECTED BY THE ESTABLISHMENT OF A CONTROL LINE? When built in accordance with improved coastal design standards, structures built in coastal areas have a greater value in terms of storm survivability, have less impact on beach and dune recovery and are positively perceived in the market place. The increased cost of construction over conventional construction is due primarily to the need to put the structure on a pile supported foundation and to the selection of design components which can withstand hurricane wind and water forces. These costs increase the overall value of the structure as well as protect the beach dune system. WHAT EFFECT WOULD THE PROPOSED CHANGE HAVE ON THE INDIVIDUAL OWNER'S ABILITY TO OBTAIN INSURANCE? Based upon the Economic Impact Statements prepared for the counties within which control lines have been reestablished, buildings that are designed to withstand the storm impact of a 100 -year return interval storm will reduce owner's risks, reduce their losses, and thereby reduce their annual insurance premiums. Federal flood insurance premiums recognize state coastal construction standards. Thus, establishing a control line won't affect an owner's ability to obtain insurance and may increase it. IF A CHANGE OF OWNERSHIP SHOULD OCCUR AFTER THE ESTABLISHMENT OF A NEW CONTROL LINE, HOW WOULD THE NEW OWNER BE AFFECTED? The change in ownership of a parcel has no effect on its status under this statute. If a change in ownership occurs after the reestablishment of the control line, an existing structure on the property would still be subject to the same provisions of the law as existed before change in ownership. Regulation is triggered by a proposed activity, not ownership. WHAT IS THE 30 -YEAR EROSION PROJECTION? The "30 -year erosion projection" is the projected location of the seasonal high water line (SHWL) on the subject property thirty years following submittal of an application for a permit. The SHWL is defined by Section 161.053, Florida Statutes, as "...the line formed by the intersection of the rising shore and the elevation of 150 percent of the local mean tidal range above local mean high water. " The location of the 30 -year erosion projection is based on documented historical shoreline changes for that area and is available from the Department. In areas with substantial seawalls, the 30 -year erosion projects tolls at the wall. November 1999 WILL- ONE BE ABLE TO BUILD OR REBUILD AN EXISTING STRUCTURE LOCATED SEAWARD OF THE 30 -YEAR EROSION PROJECTION IF IT IS DESTROYED BY A STORM? Except for coastal or shore protection structures, piers, intake or discharge facilities, or certain single family homes, no major structures are eligible to receive a permit seaward of the 30 -year erosion projection. If the proposed rebuild or reconstruction is otherwise eligible for a permit pursuant to Chapter 161, Florida Statutes, it will be approved. Rebuilt structures may not expand (enlarge) the capacity of the original structure. WHICH PROPERTIES ARE CONSIDERED "GRANDFATHERED IN" OR EXEMPT FROM PERMITTING REQUIREMENTS WHEN A NEW LINE IS SET? If a structure is under construction prior to the establishment of a coastal construction control line, it is exempt from the permitting requirements of Section 161.053, Florida Statutes. Chapter 6211-33, Florida Administrative Code, defines "under construction" as the ongoing physical activity of placing the foundation of, or continuation of construction above the foundation of a structure. DOES MOVEMENT OF THE CONTROL LINE AFFECT MY INSURANCE RATE? There have been no known reports generated to determine the effect of the control line movement on insurance rates. However, because the structures permitted under the control line program have to meet higher construction standards, and therefore, are less susceptible to damage, insurance rates should not go up. Conversely, rates should reduce as a result of less expected damage during coastal storms. ARE CONSTRUCTION COSTS HIGHER FOR PERMITTED STUTURES SEAWARD OF THE CONTRO LINE? In the short term, construction costs are higher due to the pile foundation requirements. However, over time a reduced costs should be realized due to less damage incurred and the costs associated with repair and /or rebuilding following coastal storms. WHAT ARE DEVELOPMENT AGREEMENTS AND CAN I OBTAIN ONE? A: The agreement is a contract which the department is authorized to enter into with property owners or developers which guarantees a permit would be issued for the proposed construction. The agreement typically outlines the siting or location of the proposed project based on negotitations with the department prior to submittal of an application. The department can enter into these agreements either before or after the control line reestablishment. Any property owner can request such an agreement. November 1999 PINELLAS COUNTY, REESTABLISHMENT OF THE CCCL SCHEDULE FOR RULE ADOPTION Publish Notice of Rule Development. February 4, 2000 Hold Public Workshop. March 7 & 8, 2000 Finalize legal description. December 6, 2000 Route Notice of Rulemaking for signatures. December 6 2000 Notice of Proposed Rulemaking package to Patrick Krechowski /Betsy Hewitt. December 8, 2000 Mail notices to interested parties and political delegations. December 20, 2000 Publish Notice of Proposed Rulemaking. December 22, 2000 Aerials and supporting documents on display. December 22, 2000 Hold a meeting with the local officials regarding January 10, 2001 the changes made to the CCCL. Hold hearing (if requested) at 1:00 p.m., in the January 30, 2001 Clearwater City Hall, Commission Chambers 112 S. Osceola Ave., Clearwater, Pinellas County (This is a tentative location) Send notice of "No Change" to JAPC. February 21, 2001 File rule for adoption (7 days after notice of "no change" to JAPC) February 28, 2001 Rule Effective February 28, 2001 Revised January 23, 2001 ACTION AGENDA DEVELOPMENT REVIEW COMMITTEE * SPECIAL MEETING * January 19, 2001 Case: FL 01 �(Y1 =01 and _bA 01-01 -01 — 229 and 301 South Gulfview Boulevard Owner( s): Al -Nayem International Inc. and Kandiah P. Thavabalasingam. Applicant: Clearwater Seashell Resort LLC. Location: 1.63 acres located on the east side of South Gulfview Boulevard, west of Coronado Drive, on the north and south sides of Third Street. Zoning: T, Tourist District. Atlas Page: 276A Requests: (a) Flexible Development approval, as part of a Comprehensive Infill Redevelopment Project, with an increase in height from 35 feet to 150 feet, increase in density from 40 rooms per acre to 184 rooms per acre (300 rooms), reduction in front setback along South Gulfview Boulevard from 10 feet to zero feet; reduction in front setback along Coronado Drive from 10 feet to zero feet; reduction in side (north) setback from 10 feet to zero feet; and reduction in side (south) setback from 10 feet to zero feet; (b) Review of, and recommendation to the City Commission on, a request to vacate Third Street right -of -way from South Gulfview Boulevard to Cornado Drive and to vacate the eastern portion of South Gulfview Boulevard right -of -way (generally 100 feet north and south of Third Street); and (c) Review of, and recommendation to the City Commission on, a development agreement between Clearwater Seashell Resort LLC and the City of Clearwater; Proposed Use: A 300 -room hotel with 850± -space public parking garage. The DRC reviewed this application with the following comments: DRC agenda — 01/19/01 -Page 1 1) S: (Planning DepartmentlCD Blagendas DRC & CDBIDRCI2001101 JanuarylDRCaction agenda 01- 19- Ol.doc DRC agenda — 01/19/01 - Page 2 rrda. �Ci�°�a�`�L.pG,� .. " 7, R r9 -, '4TER��oQ ,,off CITY OF CLEARWY Parks and Recreation Departtyient DEBORAH W. RICHTER ADMINISTRATIVE ANALYST 1ne City, One Future. )FFICE: 100 S. MYRTLE AVE., 33756 -5520 TAILING: P.O. BOX 4748 PHONE: (727) 562 -4817 :LEARWATER, FL 33758 -4748 FAX: (727) 562-4825 drichter@clearwater-ti.com PARKS AND RECREATION DEPARTMENT �lD, TY of CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 PAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4800 FAX (727) 562 -4825 DEVELOPMENT REVIEW COMMITTEE DATE: 01/19/01 SUBJECT: Clearwater Seashell Resort (FL 01 -01 -01 & DA 01- 01 -01) LOCATION: 229 & 301 S. Gulfview Blvd. & 230, 300 & 304 Coronado Drive REVIEWED BY: Deborah W. Richter T'-tA(2__ COMMENTS: ♦ Open Space/Recreation Land Impact Fees will need to be satisfied for this project prior to development approval. Recreation Facility Impact Fees of $200 per unit being added are due prior to issuance of building permit. ♦ The gross and net land areas need to be indicated on the site plan site data table or documentation provided. ♦ To give proper credit for existing units /rooms, clarification is needed in the site data table or documentation provided on the number of existing hotel rooms. 4 hotel guest rooms = 1 dwelling unit. ♦ Site data table also needs to include existing and proposed floor area (footprint) or documentation provided. ♦ A copy of the just. value of land only according to the current year's property tax assessment is required to be submitted with the attached worksheet. ♦ The developer or his representative should complete the top portion of the attached worksheet and return same to the Parks and Recreation Department for calculation. ♦ Questions concerning this matter may be directed to Debbie Richter in Parks and Recreation at (727) 562 -4817. ONE CITY. ONE FUTURE. BRIAN J. AUNGST, MAYOR - COMMISSIONER J.B. JOHNSON, VICE MAYOR- COMMISSIONER BOB CLARK, COMMISSIONER ED HART, COMMISSIONER ED HOOPER, COMMISSIONER EoIJAI. EMFI.OYMENT ANTI AFFIRMATIVE ACTink, FhADi(IVFR" ASSES' +.NT OF OPEN SPACE/RECREATION Il 1CT (Exp. ..,ion of Existing Hotel/Motel by 8 Units or Xwre Four Hotel/Motel Guest Rooms = One Dwelling Unit) TO BE COMPLETED BY THE DEVELOPER: DATE: PROJECT NAME: ADDRESS: # OF EXISTING GUEST ROOMS: # OF GUEST ROOMS TO BE ADDED: # OF EQUIVALENT DWELLING UNITS TO BE ADDED: ZONING DISTRICT: # OF ALLOWABLE UNITS ON SITE: PARCEL GROSS LAND AREA: ARCEL NET LAND AREA: LAND AREA APPLICABLE TO EXPANSION (% proposed to allowable X net land area): U - - - Parks and Recreation JUST VALUE OF LAND ONLY ACCORDING TO CURRENT YEAR'S PROPERTY TAX ASSESSMENT: $ (VERIFICATION REQUIRED) VALUE PER SQUARE FOOT: $ (JUST VALUE = BY GROSS LAND AREA) I ATTEST THAT THE INFORMATION PRESENTED ABOVE IS CORRECT, COMPLETE AND TRUE. PROPERTY OWNER/AUTHORIZED REPRESENTATIVE SIGNATURE DATE NOTE: All fees payable to the "City of Clearwater ". Open Space and Recreation Facility Land fees should be submitted to Parks and Recreation, Municipal Services Building, 100 South Myrtle Avenue. Recreation Facility fees should PARKS AND RECREATION DIRECTOR OR DESIGNEE DATE s:\Parks\Forms \1600 -0310G Impact Fee Form #7- Revised 8 /10 /00- Completed form to be retained in Parks and Recreation Administrative Office according to City and State Records Management guidelines. oe submittea to rlannmg and Development Services at the same address. FOR OFFICE USE ONLY: IMPACT FEE CALCULATIONS I. OPEN SPACE ASSESSMENT # of Equivalent Dwelling Units to be Added # of Allowable Units On Site — % (Proposed to Allowable) Total Site Net Land Area x SF Land Area Subject to Assessment SF Open Space. Factor x.040 Open Space Assessment SF II. RECREATION FACILITY LAND ASSESSMENT # of Equivalent Dwelling Units to be Added Recreation Facility Land Factor x 150 SF Recreation Facility Land Assessment SF III. RECREATION FACILITY ASSESSMENT # of Equivalent Dwelling Units to be Added Recreation Facility Factor x $200 Recreation Facility Assessment $ RECOMMENDATIONS LAND VALUE DOLLARS PAYMENT DUE I. Open Space Fee ....................... SF X SF = $ Prior to Approval of Plan/Plat II. Recreation Facility Land Fee ... SF X SF = $ Prior to Approval of Plan/Plat III. Recreation Facility Fee ......................................... ............................... =$ Building Permit TOTAL................................................................ ............................... =$ PARKS AND RECREATION DIRECTOR OR DESIGNEE DATE s:\Parks\Forms \1600 -0310G Impact Fee Form #7- Revised 8 /10 /00- Completed form to be retained in Parks and Recreation Administrative Office according to City and State Records Management guidelines. l9_- o il MELOl\tC 'L TL I I 562 -14788 -- y�L��� 5 Leg ► �o�_ _cl- 7 ir�arr� P1���•� fG 2. �SSa Cl e W MAWCILIWIVIR.z IY. 4i 2� 11 L 2 R LL 0': a� '" "tea ��1 � F � . ;, v' DRAFT ACTION AGENDA DEVELOPMENT REVIEW COMMITTEE * SPECIAL MEETING * January 19, 2001 Updated as of 1/19/01 Case: FL 01 -01 -01 and DA 01 -01 -01 — 229 and 301 South Gulfview Boulevard, 230, 300 and 304 Coronado Drive Owner(s): Al -Nayem International Inc. and Kandiah P. Thavabalasingam. Applicant: Clearwater Seashell Resort LLC. Location: 1.63 acres located on the east side of South Gulfview Boulevard, west of Coronado Drive, on the north and south sides of Third Street. Zoning: T, Tourist District. Atlas Page: 276A Requests: (a) Flexible Development approval, as part of a Comprehensive Infill Redevelopment Project, with an increase in height from 35 feet to 150 feet, increase in density from 40 rooms per acre to 153 rooms per acre (250 rooms), reduction in front setback along South Gulfview Boulevard from 10 feet to zero feet; reduction in front setback along Coronado Drive from 10 feet to zero feet; reduction in side (north) setback from 10 feet to zero feet; and reduction in side (south) setback from 10 feet to zero feet; (b) Review of, and recommendation to the City Commission on, a request to vacate Third Street right -of -way from South Gulfview Boulevard to Cornado Drive and to vacate the eastern portion of South Gulfview Boulevard right -of -way (generally 100 feet north and south of Third Street); and (c) Review of, and recommendation to the City Commission on, a development agreement between Clearwater Seashell Resort LLC and the City of Clearwater; Proposed Use: A 250 -room hotel with 800 + -space public parking garage. DRC action agenda — 01/19/01 - Page 1 (1�� The DRC revile 1) 2) 3) 4) 12) • 13) 14) ' 15) il►J' J 16) Y" 17) 18) 19) 20) 21) 22) I this application with the following c nents: Fire: needs water analysis, pressure and capacity checked. There is also an overhang that goes over Gulfview — it must be at least 15 feet high; Solid waste also needs 15 foot clearance for their trucks; Fire: building must be sprinkled; There is a fire hydrant on each side of the building — there may be the need to additional hydrants; -At a" Solid Waste: need to clarify how they are handling solid waste. Solid Waste will prefer a compactor; How will they handle recycling ?; Traffic Operations: they have to make up the loss of capacity on Gulfview. The City may have to widen Coronado. C /� Clarify right - in/right -out access on South Gulfview Boulevard; J Timing as it relates to the parking issue — if they building the parking garage and the building first it can absorb the loss of the parking lot . they cream the public parking first the public will freak — loss of 50 spaces; Traffic: have they said how much convention space, sq.ft. of restaurant space, retail sales and service, nightclub, etc. Traffic needs this information for Traffic Impact Study. Traffic: They need to give us trip generation figures so that the City can generate a Traffic Study; Traffic: the City has retained a firm to perform a traffic study which will be ready in 80 days from commission approval — this will verify whether or not capacity can be handled by Coronado due to the loss of capacity from Gulfview; Traffic: need to clarify the status of the structure — resort, uxury, luxury resort?; Traffic — TIF will be used to help pay for Gulfview. Traffic: $715,000 loss in parking revenue; Traffic: Need a parking circulation plan — where is the money going to be taken, where's the ticket booth. Traffic: verify number of handicap spaces, location of spaces; Tree Survey required; Traffic: where are all the employees going to park, number of employees; Traffic: are the parking spaces going to separated between employees, guests and public parking; Vacation request is incomplete — page two includes a checklist of attachments that need to be submitted; Need to clarify number of rooms, utility letters of no objection is missing and the legal descriptions need to be tightened up, they've got the zoning of the adjoining property to the west as tourist Facilities but it should be O /SR; Public Works: Utilities — sanitary sewer looks ok, there is a water line that connects on P Street that will need to be relocated to the south, Capacity for storm water lines needs to checked, a collection system will have to DRC action agenda — 01/19/01 - Page 2 :s fo� ,�"11 �001 3s • built for I julfview, Gulfview will need to be built up, too, to avoid ` floodin, 23) Pedestrian access between Coronado and Gulfview — will it exist — how will people get from the harbor to the beach ?; 24) ks S: (Planning DepartmentlCD Blagendas DRC & CDBIDRC12001101 JanuaryORCaction agenda 01- 19- Ol.doc DRC action agenda — 01/19/01 - Page 3 �v Fierce, Lisa From: Richter, Debbie Sent: Thursday, January 18, 2001 10:52 AM To: Fierce, Lisa Cc: Kader, Art Subject: DRC Special Mtg Comments - 1/19/1 P &R Comments: Clearwater Seashell Resort - Marriott (FL 01 -01 -01 & DA 01- 01 -01) 229 & 301 S. Gulf view Blvd. & 230, 300 & 304 Coronado Dr. - Open Space and Recreation Impact Fees need to be addressed prior to development approval. More info. and clarification is needed in the site data table provided on the existing hotel otel rooms as well as the existing and proposed floor area (footprint). I'll be up Friday morning for staff review mtg. and will bring a copy of the worksheet and comments for the developer. Let me know if you feel it necessary for me to attend the 2 p.m. meeting. Thanks Lisa. web (562 -4817) Harriger, Sand From: Harriger, Sandy Sent: Friday, January 12, 2001 1:16 PM To: Chase, Susan Cc: Fierce, Lisa Subject: RE: Info. for 1/31/01 Special CDB The three parcel numbers I gave you this morning came directly from King Engineering and we checked the numbers in the property appraisers data base and they were correct. The applicant stated that the three parcel numbers they gave us included everything in their request. I don't know about parcel #07/29/15/05928 /000/0001 (1 wouldn't use it). Sandy Harriger Admin. Analyst Planning Department - - - -- Original Message---- - From: Chase, Susan Sent: Friday, January 12, 2001 11:14 AM To: Harriger, Sandy; Fierce, Lisa Subject: RE: Info. for 1/31/01 Special CDB Sandy: On the map I received from Lisa it shows The Beach Place Motel A Condo parcel# 07/29/15/05928/000 /0001 and I can't find anything with the parcel number 07/29/15/52380/000 /0580. Let me know if this if correct. Thanks - - - -- Original Message---- - From: Harriger, Sandy Sent: Friday, January 12, 2001 10:40 AM To: Chase,Susan Cc: Fierce, Lisa Subject: Info. for 1/31/01 Special CDB Susan: The request is covered by the following Section, Township and Ranges: 229 S. Gulfview (Includes Lots 57 & 104, and the South 20' of Lots 56 & 103) 07/29/15/52380/000 /0570 301 Gulfview Blvd. (Includes Lots 58 & 59) 07/29/15/52380/000/0580 300 Coronado (Includes Lots 105, 106 and part of Lot 107) 07/29/15/52380/000/1050 All are in Lloyd, White, Skinner Subdivision. Sandy Harriger Admin. Analyst Planning Department 1-12-01; 4;21PMOCITY CLERK DEPT. 0 ter > TO: LOCAnoN: FAX NO.: 727 562 4086 # 1/ 2 City of Clearwater, Florida City Clerk Department Phone (727. ) 562-4090 Fax (727 ) 562-4086 FAX MESSAGE j`4 FROM: DATE: NUMBER OF PAGES THIS MSS L --- I / 12-1d � GE (INCLUDING THIS PAGE): j - N F:B tBLLKFEpO L'NE SET - 52002 Hx d FOg7H CN fIF O]SCLp1.1c72 2.678 _4 2 IN 662:9 0 ra 1.909. 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CERPfi 098911lt05 PALO08. 110ROTFN LLOYD-N1IIIE- 57tI1PER 6118 LOTS 63 7hf111 66 AND LOtS 52115 101 2.787.600 CN Nx 63.91 [: 2.781.600 2500 U]RG[N[R RUE 1tX WIT 7106 113 17YdJ 217 ANDS 1 +2 OY Mg9111GTOR. aC 80037-1901 LOT 712 S?380+aDN0670 LITTLE, DAIIiD R 05513.020; 1739 CASEY JQES LT e7J7tOT101ITfiRIHER SL6 1Af 67 52116 147 t 303.600 N 0( 6.97 E: 333.600 LYEpAIIgTER• FL 3 376 5-1701 52380+000.0£86 BOLDCG• L!CPDTHY C 1AE 7196.400 �3 6033,CR[�XSTOH LLOYD- iRi[TE-9LINNER SU9 LOT 68 52117 KK 1 %.900 [M 70i 4'.5t E: CT PC LEAN- UR 2210I -3610 ow'om rAxom• Dw4D]W C 05095+0316 2500 VIRG7NIR RLE IM 01905 L1A'T1F1011TE- SK77PER SUB LOFT 69 52118 Nx 196.400 d I9t 4.51, E. 196.900 XR51111610N• [C 209377901 52300 +000vD7D0 6N];pd[15. JULIE P $lID f ���4 X24 L110)9-MiITE- SLINIEA SL9 LOT 70 52119 NK 248.600 CN N?f 5.771 E: .60009 CLEf11RATCRRYC >23811+0001Wt0 6IpOlA_ipipi7KR _ __ ..__ ... D9763�0356 6IR0[A: -RLpJ2Y _ _ -__ LLGY0�9(! T�_ SSI�EIL$ B _- . ....5212F1_- LDT9 77 c d2U - - -- -- - - - . _Wl-- •-= :_,p00 pT.___._..__ ... 8 .. 1.080.600 355 5 C4.�FVIEIf BLUO NR .. 1.065.600. QEfliI.YiTEIL fL 337£74945 .2380.000 +0720 W'ER[CfJiR 811Li el77ELS LTD 07530 +1823 325 5 6111fF13E7J fLLO L117[II-NHI7E'BKIIOER SL0 tAFS 72.73.iM.772 s N'LY 52127 HA 1.859.200 d t4k 92.7]5 1.059.200 13.EMK4TER. FL 33767 -2995 26 FT LOT 123 08O.fl00+079D BOLDOO. D01'DTNY C THE ]0678+1679 6033 CR[t6TA( CT LLOYO-iFI[TE-9(IMER SlA LOT X a N ]OFF or 25 52122 tC( 281.800 CH KK 6.461 261.200 tICLEfH. LYl 22101 2380'000 +1760 CfMERBURY PROP tIGFIF IHC 10673 +]403 2025 ADSERS Sf LLOYDKi77E- SKL['ER SUB L07 75 LESS K ]Oft a COX 52123 701 1,8gq, 500 pl MIX 43.301 1.089.500 CLEMXgT579. FL 33769 76 ALL LDC 77 LOT 129 t S'LY 29'1 OF IAT 123 s ALL U 1075 125 ptO 126 07/29/15/523801000 /0780 K 12 7• q P FT Al Bemir YVR-Lggg EKE 3&05 rra¢ «a.we. rorr[st. atrrnnn.. w we.erir rr. r.[a [ts[tru.lrt. - .. -IT f:FIG ...._.. 29 +15.52380.000 +076] Q7FFQhAS• 1q'4'� ELOY1 K4I7E- $KI•WfR 570 52129 KK 25.000 CN 327 [0159 +1700 1OFRIGRRS. JOIN 1075 7A. 76. DJ 6 3FT X SB h7r 1.02b.50p LST L.,,,, 1,051.500 431 6.tfU7EU Ei IN FT TA mi er-ry rr. .- t(5 73. S9n. en 11,92,01- 0g919.000•D]TD hElLB01Dr'. WALTER H •- ' - 70 00£56.0278 NDy40Fd1. hraZEL C 757 UPLUE: 252.000 190 OEU0r1 OR 0.EpANg7fR. fL 33767 -1 = I� 08/29/15/04914/000 /0180 s c..c[. a[unr, a5ruv[ta a ..o.ra..• ... ..,.. ,..... TRE2ELYY(T. ICLORE6 C 2920 N NISSISSIPPT fl1E TlfPA. h 33629 -b17c 84S IIHOIFH RDC1L5 RD LLEp7TkgiER, FL 337%-10£4 AlTY. D JYCF a TAE 0. 64BER1ER rL 337$9 -7 ?22 GIIVfILIPRO. lOfil 6lhf(LIPPO• LAI/lq L 172 EcEa Ilk CLEPRItRTER, FL 337 672 9 39 JO1fCSM• PDSSEL B JOFl1S.T1. SR19t F PD B:DI 27 hEN9Po(. ON 938 -0017 1509919+000+0240 045vELL. FTbiRCES t 210 09265.1005 ]80 DEU CH WLIC: 341 CN .200 0.ERAtlg7ER. IL 33767-293£:: 2Y15+0991a+D0O+O270 eF76111RE. J0.4i5 2[0 10579 8[306 188 DEWi OR UST 1N1111E 729.000 CLFIfAt \TER. FL 33767 29+I5'09914.000 +0280 FENE4ICK, f pWID 216 0.°15910706 RE7IERCCK, M7TdR B U S VT LNLIE: 915.700 192 DELCi1 OR CLERPAi1TEA. FL 337£7 -2939 2V75.P1914,000.0307 VIItELII. FYFAED 1 290 09£99 +3937 VINCEELl. 60.gB.'FdR R LIST 11CLUE: 520.900 136 [1£1.10[[ Oa CLFAPILMTER. FL 33767-2436 08/29/15/04914/000/032Q 1 A�APFp97 0 [I N T Y Of- ➢_ ] N E l l p S • P7,.••. p R C E l DER - SC_.L�4E_ 24+1509919.000+0320 fAAEN, pE90FWi L RANSMIE � VERIFICATION REPORT TIME 01/11/2001 15:27 NAME PLAN FAX 7275624576 TEL : 7275624567 DATE DIME 01/11 15:25 FAX N0. /NAME 95624086 DURATION 00:01:13 PAGE {S} 02 RESULT OK MODE STANDARD ECM FILE COPY FAX MESSAGE CITY OF CLEARWATER PLANNING & DEVELOPMENT SERVICES ADMINISTRATION 100 S. MYRTLE AVE. CLEARWATER,, FL 33756 (727) 562 -4567 FAX (727)562 -4576 TO: mil\ C'S e— FAX: J Z - "I O � �p FROM: �- S G �1 e-.c- c �- DATE: I i I 1 1 o l MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) Z r r� a' a 1 3 4 5 6 7 9 pa 1301 -40710 � 11 = t2 0 �* 13 � 14 15 16 17 1B 18 �8 20 22 23 may' m r ry% r 2fi ♦ A m txi BLVD. r GaVf L4 3 Q1 32/02 32/03 @a 59 �Da p 002 ° FYJW t a ev 3 WAIU so STREEr 4 m 1 m 52 98 O too 5 6 c i r Y m 53 99 ® �s m kliff m 54 00 $ 9 z Eis p 191. 2 i0 i1 D 42 jw. 12 3 4 �3 a�' °� 13 14 � ZU 53 52 : o� 15 16 17 3) AW 5 104 51 g, AW 50 $ Ems. 2 w L!1 ro 49 f o m 48 105 sT asi. 47 45 44 43 42 Ln 2A 3A A pF 45 °m a �9v 1 CITY OF CLEARWATER NOTICE OF CITY COMMISSION PUBLIC HEARING The City Commission of the City of Clearwater, Florida, will hold a public hearing on Thursday, April 19, 2001, beginning at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, to consider the vacation of: 1. The 60 ft right -of -way of Third Street, (AKA Third Avenue), bounded on the east by the westerly right -of -way line of Coronado Drive and bounded on the west by the easterly right -of -way line of South Gulfview Blvd. (Al -Nayem International, Inc. & Thavabalasingam) V 2001 -05 2. The east 35 ft of the 70 ft right -of -way of Gulf View Blvd, bounded on the north by the westerly extension of a line parallel to and 20 ft north of the northerly lot line of Lots 57 and 104 of Lloyd - White- Skinner Sub and bounded on the south by the westerly extension of the south lot line of Lot 59, of Lloyd- White- Skinner Sub, (AKA the south lot line of The Beach Place Motel Condominium). (Al- Nayem International, Inc. & Thavabalasingam) V 2001 -06 3. The portion of a drainage and utility easement described as the east 10 ft of the west 660 ft of the south 1/2 of the northeast 1/4 of the southeast 1/4 of Section 5, Township 29 South, Range 16 East, less the south 10 ft thereof. (School Board of Pinellas County) V 2001 -07 4. The westerly 5 ft of the 10 ft drainage and utility easement lying along the east property line of Lot 90, Northwood West Sub, less the southerly 10 ft thereof. (Riveros) V 2001 -08 5. The southeasterly 5 ft of the 10 ft drainage and utility easement lying along the northwesterly lot line of Lot 8, Blk D, Northwood Estates, less and except the northeasterly 5 ft thereof. (Flament) V 2001- 09 Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the City Clerk prior to the hearings. Any person who decides to appeal any decision made by the City Commission, 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. All individuals speaking on public hearing items will be sworn in. City of Clearwater P.O. Box 4748 Clearwater, Fl 33758 -4748 Cynthia E. Goudeau, CMC City Clerk YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY ABUTTING THE PROPOSED VACATION. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. ANY PERSON WITH A DISABILITY REOUIIUNG REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562 -4090. Ad: 03/31/01 & 04/07/01 III C;IO 1=L_.%O1" Section 119.01 (1). Florida Statutes, provides that an state, county, and municipal records shalt at all times be open for a personal inspection by any person, Section 119.07, Florida Statutes, provides that every person having custody of public records shag permit them to be inspected and examined at reasonable times and under hlsfier supervision by any person, and he shall furnish copies thereof on payments of fees as prescribed by taw. it further provides that public records which -are deemed by law to be confidential or which are prohibited from being Inspected by " public shag be exempt from the provisions of this section. in accordance with Chapter 119. Florida Statues. 1 hereby request to inspect the tokwing public record(s): - - -��— Print Name � Signature "/ Id �?��� - - - -- Date of l�,est Do not write below this k* for department use only. ---------- - - - --- ------------ sp ---a---------------------- inected u--nder supervision of: Note copies of public records made 5 -�. ---------------- ----�� Nam ------------------- - - - - -- Title 00 Employee Human Resources Fie Revised 2/98 Section 119.01 (1), Florida Statutes, provides that all state, county, and munk�al records shall at all times be open for a personal inspection by any person. Section 119.07, Florida Statutes, provides that every person having custody of public records shad permit them to be inspected and examined at reasonable times and under hisAw supervision by any person, and he shall furnish copies thereof on payments of tees as prescribed by taw. It further provides that public records which. are deemed by taw to be confidential or which are prohibited from being inspected by the public shag be exempt from the provisions of this sectlon. In accordance with..Chapter 119. Florida Statues, I hereby request to inspect the following public record(& _ _► - Imo_ -------------------------------- 7772, Do not write below this {the for department use only. ------------------------ - -- - -- Note copies of p,eac records made f ed under super Asion of Nmw Title 1 M Employee Human Resource& Flo Revised 2/96 ----------- - - - a (,3 i )J- QUEST FOR Section 119.01 (1), Florida Statutes. provides that all state, county, and murk, al records shall at all times be open for a personal inspection by any person, Section 119.07, Florida Statutes, provides that every person having custody of public records shad permit them to be inspected and examined at reasonable times and under his/her supervision by any person, and he shall furnish copies thereof on payments of fees as prescribed by law. It further provides that public records which. are deemed by law to be confidential or which are prohibited from being inspected by the public shag be exempt from the provisions of this sectlom fn accordance with..Chapter 119. Florida Statues, I hereby request to inspect ft fokwing public record( Print Name Signature ------- �J-------------- Date of Request Do not write below this Ana for department use only. --------- - - - - -- ------------ --= - - ---- Inspected under supervision of: Note copies of Mft records made LN 4, -------- ame Title YT CQ Employee Human Resources Fie Revised me COP !, � EST FOR . a � Section 119.01 (1), Florida Statutes, provides that aM slate, county, and munic,`ipal records shat at all times be open for a personal inspection by any person. Section 119.07, Florida Statutes, provides that every person having custody of public records shall permit them to be inspected and examined at reasonable times and under hisftw supervision by any person, and he shall furnish copies thereof on payments of fees as prescribed by taw. it further provides that public records which. are deemed by law to be confidential or which are prohibited from being inspected by the public shall be exempt from the provisions of this section. In accordance with..Chapter 119. Florida Statues, 1 hereby request to inspect the following pubtie record(s),,, - - -- - - -- - - - -- -- -- - - ---- - - - --- Stur f - - - -- ova a ---- - - - - -- Do not write below this line for department use only. ----- ------------ --- ------------ --=----------------- lnspected under supervision of: Note copies of public reoords madf 5,�9ta,,st -Les 5� -- = ----- --- 1!���_5 R��Sao y t P31 f = L -L = - -- Title ttii1lJ .s yr tlg��a l cep rv. �,,,acL, PrV -tC. -. M Employee C�� o c- c � ` � 5 © t e� `� rv:� "rte Vv . Human Resources Flo Revised 2/98 � x 11 Ca tor- � y �oo LA \ � go 40 �► ,q W David Sommer, Tampa Tribune FROM: Sandy Harriger, Admin. Analyst ' DATE: March 7, 2001 RE: Copy Charges for Records Request /Clearwater Seashell Resort The following is a list of the copies you requested along with the charges due for them: # of Copies Type Cost 4 8x 11 Color @ $1.00 ea. 4.00 52 8x11 B/W @ $.15 ea. 7.80 1 11x17 B/W @ $.15 ea. .15 P Total Due $11.95 Thank you. \I o 1' 11 1 7Q-401 --------------------- Q 62. ,mil " .Y OW peslAOld ou seoinosoU uew H 9oAoidw3 W ei111 $pew gwoej Dow p seldoo eloN :p uolsWodns jepun popodsul •l w esn powpedep +01 WN si41 mgOq elpm 1i 00 lsenbea M em0 _ O_ N 1uPd �? T ------ -�.�.� rQ--�-- =fir- ----- - - - - -- Oulml e411oedsul of )senbei II ejo •(s)pjooe� ollgnd q 4 1 "Mel$ ePNOU '6tt �e1de40 g1lM eouspio0oe ul volloes 6141 to suolslnad e41 W04 ldwexe eq P49 oUgnd n Aq pel0edsui 6uleq woj1 pe11gl4ojd eie tM4M jo lelluepuuoo eq 01 M8l Aq PeweeP OR NORM spiom ougnd 1841 sepinad jowrq R 'Mel Aq pecUriseid $s $eal to sluewAod uo toejetp seldoo 4sluxy U84s e4 pue 'uosied Aus Aq uolslniedns Je4/sl4 joixin Pus sewll elgeuoseoi 18 Peulwexe pue peloedsul eq of woyl vwjed Ue49 spj000i oUgnd to Apolsno 6ulne4 uosied /JOAO 1841 sepinoid 'selnlelS 8pljold '10'6t t uotl*eS - wojod Am Aq u011oo&M lsuosjed a ml uedo eq sewg Us 19 p4s spiooej ledplunw pus '/lunoo 'e1e1s Us in sepinoid 'selnlelS splioU '(t) t0'6t t u01POS Section 119.01 (1), Florida Statutes, provides that aA state, county, and muntdpal records shag at all times be open for a personal inspection by any person, Section 119.07, Florida Statutes, provides that every person having custody of public records shag permit them to be hspected and examined at reasonable times and under hMw supervision by any person, and he $hail furnish copies thereof on payments of fees as prescribed by law. it further provides that public records whkh.are deemed by taw to be confidential or which are prohibited from being inspected by ft public shag be exempt from the provisions of this section. In accordance with .Chapter 119. Florida Statues, 1 hereby request to inspect the fokwing public record(s): ------------------------------------ Print Nam -- SiQnatun - - -- — -- - - - - -2 to L---- - - - - -- Date of Request Do not write below this Ane for department use only. ------------------------------------------- Inspected under supervision of: We copies of public reoords made Nam Title C` o - -- Revised 2/98 --rz� �` -.�- '.'r- Pal" Ctj;, e-� , `73 r. 2- 27 -01; 4:49PM;CITY CLEP" DEPT. °Clearwater 0 ;727 562 4086 # 1/ 6 City of Clearwater, Florida City Clerk Department Phone (727) 5624090 Fax (727) 562 -4086 FAX MESSAGE TO: Lisa Fierce LOCATION: Plannin FAX NO.: 4576 COMMENTS: See attached affidavit of mailing-notices for CDB Mtg of 2 -20 -01 with list FROM: Lois Norman, (727 - 5624091) DATE: 02/27/01 NUMER OF PAGES THIS MESSAGE (INCLUDING THIS PAGE): 6 i , i, 2 i if ..1. �L�n, DA- o i -oi -c) 2- 27 -01; 4:49PM ;CITY CLEr ' DEPT. Name and date of meeting(s): CDB 02/20/01 AFFIDAVIT OF MAILING NOTICES STATE OF FLORIDA COUNTY OF PINELLAS ;727 562 4085 # 2/ 6 Before me, the undersigned authority, personally appeared Susan Chase , to me well known, who says; 1. 1 am employed by the City of Clearwater, Florida, in the office of the City Clerk, and in that capacity, my duties include the mailing of certain notices as required by Florida law or the ordinances of the City of Clearwater. 2. On �� , 2001, 1 personally mailed a copy of a public hearing notice (a copy of which is attached hereto as Exhibit A) to each person listed on Exhibit B attached hereto, at the address shown thereon, thereby giving such persons notice of the public hearing to be held with respect to case number(s) FL 0 1 -0 1 -0 1 flant Signature Subscribed to and sworn before me this day of LLej�r , 2001. Notary Public Dottie Reehlina Print Name Dottie Reehiing x r MY COMMISSION # CC849MI EXPIRES September 30, 2003 80NOEO n+Ru 7wov Fam INSURANCE INC CD CITY OF CLEARWATER NOTICE OE - COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, February_20,_200t beginning at 1:00 p.m., in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, to consider the following requests: 1. (cont. from 12/12/00) Thanh Phuoc & Kimtruc Thi Nguyen are requesting a flexible development approval of a nightclub within the Commercial District, with a redeuction in the required number of parking spaces from 20 spaces to 18 spaces, as a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program at 3006 Gulf -to -Bay Blvd., Bay View City Sub, Blk 8, Lots 8, 9, 10 & 1/2 of vac alley on N less Rd. right -of -way on S. FL 00 -08 -33 2. (cont. from 01/23/01) Karl N. & Ginny M. Juhl / Mark Maconi Homes of Tampa Bay, Inc. are requesting a flexible development approval to reduce the required rear (north) setback from 25 feet to 14 feet, as part of a Residential Infill Project at 222 Palm Island SW, Island Estates of Clearwater Unit 6 -A, Lot 14. FL 00 -11 -59 3. (cont. from 01/23/01) E & A, Inc. / Louis Anastasopoulos are requesting a flexible development approval to permit a restaurant in the Tourist District and to reduce the front (east) setback from 10 feet to 1.6 feet (along Clearwater Pass Avenue), reduce the required number of parking spaces from 105 spaces to 70 spaces, as part of a Comprehensive Infill Redevelopment Project at 731 Bayway Blvd., Bayside Shores, Blk C, Lots 1 thru 10. FL 00 -11 -49 4. (cont. from 1/31/01) Al -Nayem International Incorporated & Kandiah P. Thavabalasingam (Clearwater Seashell Resort LLC) are requesting (a) Flexible Development approval, as part of a Comprehensive Infill Redevelopment Project, with an increase in height from 35 feet to 150 feet, increase from 65 rooms to a minimum of 250 rooms and a maximum of 300 rooms, reduction in front setback along South Gulfview Boulevard from 10 feet to zero feet, reduction in front setback along Coronado Drive from 10 feet to zero feet, reduction in side (north) setback from 10 feet to zero feet, and reduction in side (south) setback from 10 feet to zero feet; (b) Review of, and recommendation to the City Commission on, a request to vacate Third Street right -of -way from South Gulfview Boulevard to Coronado Drive; (c) Review of, and recommendation to the City Commission on, a request to vacate the eastern 35 feet of South Gulfview Boulevard right -of -way (beginning approximately 130 feet north of the centerline of Third Street and ending approximately 150 feet south of the centerline of Third Street, totaling approximately 250 linear feet of South Gulfview Boulevard right -of -way); and (d)Review of, and recommendation to the City Commission on, a development agreement between__Clearwatq Seashell Resort LLC and the City of Clearwater at 229 & 301 S: Gullvie -Blvd: and 230, 300 & 304 Coronado, Lloyd - White - Skinner Sub, Lots 57- 59, 104 -106 and part of Lots 56 -103 -&-1-07,.--FL 01 -01 -01 / DA 01 -01 -01 5. Wilfred & Muriel Pina are requesting a flexible development approval to reduce the rear setback from 25 ft to zero ft as part of a Residential Infill Project at 2408 Shelley St., Gulf to Bay Acres 1st Add, Blk E, Lot 13. FL 00 -10 -45 6. David R. Little (Barry Barringer, dba Key Largo Bar & Grill) is requesting a flexible development approval to reduce the rear (east) setback from 10 ft to zero ft and reduce the side (north) setback from 10 ft to zero ft, as part of a Comprehensive Infill Redevelopment Project at 333 S. Gulfview Blvd., Lloyd- White - Skinner Sub, Lot 67. FL 00 -12 -62 7. Robert Schoeller is requesting a flexible development approval to increase the height of a tower as part of a mixed use development from 50 to 66 ft and to reduce the number of required parking from 91 spaces to 21 spaces, as part of a Comprehensive Infill Redevelopment Project at 623 Drew St., Jone's Sub of Nicholson's Addition to Clearwater Harbor, Blk7, Lots 1 -3. FL 00 -11 -57 8. RB -3 Associates, Randall Benderson 1993 -1 Trust, and WR -1 Associates are requesting a flexible development approval to provide direct access to a major arterial street for a proposed overnight accommodation FILE COPY�a� G� -�� establishment, as part of a Comprehensive Infill Redevelopment Project at 3070 Gulf to Bay Blvd., Sec. 16 -29- 16, M &B 23.02. FL 00 -12 -64 Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearings. 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. All individuals speaking on public hearing items will be sworn in. 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, or call 562 -4567. Lisa Fierce Planning Department City of Clearwater P.O. Box 4748, Clearwater, FL 33758 -4748 NOTE: Applicant or representative must be present at the hearing. Cynthia E. Goudeau, CMC City Clerk YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562 -4090. Ad: 02/03/01 NOTICE OF INTENT TO CONSIDER DEVELOPMENT Z.,FiEE- iv1EiVT Ci:EARtNATER'SEASHELL RESORT The City Commission of.the City of Clearwater, Florida, will hold a public hearings (1st Reading) on Thursday, tFebruary 1.5,_2001_,�and (2nd Reading) on Thursday, March 1, 2001, beginning at 6:00 p.m. (or as soon thereafter as the matter may be heard), in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, to consider Resolution 01 -06 approving a Development Agreement between the Clearwater Seashell Resort L.L.0 (AI -Nayem International Inc. & Kandiah P. Thavabalasingam) and the City of Clearwater for property located at 229 and 301 S. Gulfview Boulevard and 230, 300 and 304 Coronado Drive, legally described as Lloyd - White- Skinner Subdivision, Lots 57 -59, 104 -106 and part of Lots 56, 103 and 107. The Development Agreement will allow for the construction of a 250 -room resort hotel with ancillary restaurant/retail sales and service uses in a structure 150 feet in height on a 1.63 acre site located on the east side of South Gulfview Boulevard, west of Coronado Drive, on the north and south sides of Third Street. An 800 -space parking garage is also proposed as part of this project, which will provide 400 parking spaces for the resort and 400 parking spaces available to the public. The agreement obligates the developer to construct and participate in the financing of public improvements related to South Gulfview Boulevard and the Beach Walk project and the dedication of land for right -of- way purposes along Coronado Drive. 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 Commission or 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 at the Municipal Services Building, 100 S. Myrtle Avenue, Clearwater, Florida, or call 562 -4567. Ralph Stone Cynthia E. Goudeau, CMC /AAE Planning Director City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758 -4748 YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. 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. Ad: 01/27/01 CITY OF CLEARWATER NOTICE OF SPECIAL COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the City of Clearwater, Florida, will hold a special meeting public hearing on Wednesday, January 31, 2 00 ,beginning at 1:00 p.m., in the City Commission Chambers, in City Hall, 3rd floor, 112 Sou'th-Osceola Avenue; Clearwater, Florida, to consider the following request: 1. Al -Nayem International Incorporated & Kandiah P. Thavabalasingam (Clearwater Seashell Resort LLC) are requesting (a) Flexible Development approval, as part of a Comprehensive Infill Redevelopment Project, with an increase in height from 35 feet to 150 feet, increase from 65 rooms to a minimum of 250 rooms and a maximum of 300 rooms, reduction in front setback along South Gulfview Boulevard from 10 feet to zero feet, reduction in front setback along Coronado Drive from 10 feet to zero feet, reduction in side (north) setback from 10 feet to zero feet, and reduction in side (south) setback from 10 feet to zero feet; (b) Review of, and recommendation to the City Commission on, a request to vacate Third Street right -of -way from South Gulfview Boulevard to Coronado Drive; (c) Review of, and recommendation to the City Commission on, a request to vacate the eastern 35 feet of South Gulfview Boulevard right -of -way (beginning approximately 130 feet north of the centerline of Third Street and ending approximately 150 feet south of the centerline of Third Street, totaling approximately 250 linear feet of South Gulfview Boulevard right -of -way); and (d)Review of, and recommendation to the City Commission on, a development agreement between Clearwater Seashell Resort LLC and the City of Clearwater atf22&3017S-.-., Gulfview Blvd. and 230 003 304 Coronado,; Sub, Lots 57 -59, 104- 106-and -- part- of ' Lots 56,-103-&-l-07.- rFL 01 -01 -01 / DA 01 -01 -01 Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the Planning Department Director or City Clerk prior to the hearings. 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. All individuals speaking on public hearing items will be sworn in. 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, or call 562 -4567. Lisa Fierce Cynthia E. Goudeau, CMC Planning Department 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 THE CITY CLERK DEPT. ANY PERSON WITH A DISABILITY REOLMUNG REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562 -4090. Ad: 01/13/01 2- 27 -01; 4:49PM;CITv CLERK DEPT. ;727 562 4086 # 4/ 6 74 AD Jim �n�� /��C�Ar� (�1►rinG FL 41 -Ot -D I CDQ a -aD -vl CLEARWATER, CI F CLEARWATER, CI OF PO BOX 47 PO BOX 47 CLEAR R FL CLERK ER FL 33 4748 337 4748 G �1 T.' MARKOPOULOS, ANTONIOS KOLOSSOS INN INC V 100 CORONADO DR C/O DAYS INN CLEARWATER FL 100 CORONADO DR 33767 2404 CLEARWATER FL 33767 2404 i T M MESAS 1 d T M gA S 300 C ORONADO DR 30 D CLEARWATER FL CL T R 33767 2432 33 — — = - -- 7 ALNAYEM INTL INC THAVABALA5INGAM, KANDIAH P 229 S GULFVIEW BLVD % 301 S GULFVIEW BLVD CLEARWATER FL CLEARWATER FL 33767 2443 33767 2445 L 0 M INC BOLOOG, CLARA 4100 N 28TH TERR BOLDOG, DOROTHY HOLLYWOOD FL 2500 VIRGINIA AVE NW UNIT 14 33020 1116 WASHINGTON OC 20037 1901 LITTLE, DAVID R SOLOOG, CLARA 1734 CASEY JONES CT BOLOOG, DOROTHY CLEARWATER FL 325 S GULFVIEW BLVD 33765 1701 CLEARWATER FL 33767 2445 MA P LOS, TONIOS ALNAY M INTL C 10 R N 229 F BLVD CL TE L CLE AT L 33 4 337 2 3 GIBSON, EMMETT AMERICANA GULF MOTELS LTD P GIBSON, EVELYN L 325 S GULFVIEW BLVD 1206 MEHLVIEW CT CLEARWATER FL SAINT LOUIS MO 33767 2445 63125 4614 GULF SHORES INC SEA CAPTAIN 105 N CORONADO DR 526 BELLE ISLE AVE CLEARWATER FL BELLEAIR BEACH FL 33767 2429 33756 3612 SEA CAPTAIN DENELL, CARL C/O EIFERT, DONALD F DENELL, MARGARET M 526 BELLE ISLE AVE 94 DEVON OR BELLEAIR BEACH FL CLEARWATER FL 33786 3612 33767 2436 � T . 2- 27 -01; 4:49PM;CI7v CLERK DEPT. ;727 562 4086 # 5/ 6 KREPLEY, JOSEPH F THE KEYES, JAY F THE 50 INDIAN FIELDS TRL KEYES, JANET 0 THE LOWER BURRELL PA 100 DEVON DR 15068 9700 CLEARWATER FL 33767 2438 WELLER, HERBERT L WANIO, STEPHANIE WELLER, HARRIETTE M WANIO, TATIANA A 110 DEVON DR 112 DEVON OR CLEARWATER FL CLEARWATER FL 33767 2438 33767 2438 HAMOOI, AHMED A GONATOS, OLYMPIA THE 116 DEVON DR GONATOS, MICHAEL D THE CLEARWATER FL 1460 GULF BLVD # 1004 33767 2438 CLEARWATER FL 33767 2848 ROSS, WILLIAM A III MATTOX, MARK S ROSS, DORIS H MATTOX, PATSY 125 DEVON OR P 0 BOX 8143 CLEARWATER FL GREENWOOD MS 33767 2439 38935 8143 COUSINEAU, PHILLIPE A PAPPAS, TOM CUSTER, GERALD PAPPAS, ANASTASIA 225 LEEWARD ISL 115 DEVON OR CLEARWATER FL CLEARWATER FL 33767 2306 33767 2439 PANGS, STEVE S PETRIK, DAVID S PANGS, FILITSA PETRIK, MARY T 109 DEVON OR 225 HAMDEN OR CLEARWATER FL CLEARWATER FL 33767 2439 33767 2497 MAR, A P CORP TRACEY, CHRISTINA M 101 CORONADO DR 207 CORONADO DR CLEARWATER FL CLEARWATER FL 33767 2429 33767 2431 BRZEZNY, KRYSTYNA NIEMYJSKI, TAOEUSZ 6625 BAY ST NIEMYJSKI, MARGARET ST PETE BEACH FL .35 DEVON OR 33706 2125 CLEARWATER FL 33767 2437 MAZUR, JAN RUDMAN, MIRKO MAZUR, JANINA RUDMAN, ANKA 216 HAMDEN DR 217 CORONADO DR CLEARWATER FL CLEARWATER FL 33767 2446 33767 2431 SUNRISE ON THE BEACH INC CHRISTMAN, KENNETH R SR 229 CORONADO DR CHRISTMAN, LINDA J 3 CLEARWATER FL 225 CORONADO DR i- 33767 2431 CLEARWATER FL 33767 2431..- GALIATSAT05, ALEXANDROS SEACOVE PTNSHP r /- - GALIATSATOS, STAMO 316 HAMDEN OR ' La l 305 CORONADO DR CLEARWATER FL ,� CLEARWATER FL. 33767 2448 I rV 33767 2433 i !V GIOVANOGLOU, GEORGE GIOWSLOU, ORGE .d,317 CORONADO DR 317 CLEARWATER FL CLE 33767 2433 337 �--� 2- 27 -01; 4:49PM;CITY r:LERK DEPT. KALLAS, DORA KALLAS, GEORGE 1451 GULF BLVD # 216 CLEARWATER FL 33767 2843 MIJATOVICH, MOMIR MIJATOVICW, ELLA 333 CORONADO OR CLEARWATER FL 33767 2433 DI VELLO, FULVIO DI VELLO, MARIA 300 HAMDEN DR CLEARWATER FL 33767 2448 SHAH, JUGALKISHOR 8 SHAH, MANNA J 326 HAMDEN DR CLEARWATER FL 33767 2448 TV ;727 562 4086 # 6/ 6 HALL, CLYDE W HALL, HARRIET S 331 CORONADO DR CLEARWATER FL 33767 2433 TAS, JERRY TAS, TERESA 342 HAMDEN OR CLEARWATER FL 33767 2451 SEAWET HR 316 R CLE L 337 CZAICKI, EDWARD CZAICKI, BOZENA 332 HAMDEN DR CLEARWATR BEACH FL 33767 �+V w FA RESOLUTION NO. 01 -06 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE CLEARWATER SEASHELL RESORT L.L.C.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with the Clearwater Seashell Resort L.L.C; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and Clearwater Seashell Resort L.L.C., a copy of which is attached as Exhibit "A" is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this Approved as to form: �Ei Pamela K. Akin City Attorney 1st day of March '2001. Breyvor-Commissioner . ungst M Attest: Cyri is E. Goudeau City Jerk Resolution No. 01-06 'I rr P 01- 0032 INLLLRS CO A SK 3 2075 PG Se5e 111111 11111 imi 11111 mii 11111 11111 1111 im 1111 DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF CLEARWATER between m THE CITY OF CLEARWATER, FLORIDA, and CLEARWATER SEASHELL RESORT, L.C. Dated as of ftq,S J- A 13 , 2001 PINELLAS COUNTY FLR, OFF,REC,8K 11278 Pa L59 TABLE OF CONTENTS ARTICLE 1. DEFINITIONS ............... ............................... 2 Section 1.01 Definitions ............ ............................... 2 Section 1.02 Use of Words and Phrases ............................. 4 Section 1.03 Florida Statutes ....... ............................... 4 ARTICLE 2. PURPOSE, PROPOSAL AND DESCRIPTION OF PROJECT ............................ 4 Section 2.01 Finding of Public Benefit and Purpose ..................... 4 Section 2.02 Purpose of Agreement .. ............................... 5 Section 2.03 Scope of Project ....... ............................... 5 Section 2.04 Cooperation of the Parties .............................. 7 ARTICLE 3. REGULATORY PROCESS .... ............................... 7 Section 3.01 Land Development Regulations .......................... 7 Section 3.02 Development Approvals and Permits ...................... 8 Section 3.03 Concurrency .......... ............................... 9 ARTICLE 4. PLANS AND SPECIFICATIONS . .............................. 10 Section 4.01 Preparation of Plans and Specifications ................... 10 ARTICLES. PROJECT DEVELOPMENT .. ............................... 10 Section 5.01 Ownership of Project Site .............................. 10 Section 5.02 Project Site .......... ............................... 10 Section 5.03 City Option to Purchase ................................ 11 Section 5.04 City's Obligations 11 Section 5.05 Obligations of the Developer 14 ARTICLE 6. PROJECT FINANCING ...... ............................... 18 Section 6.01 Notice of Project Financing to City ....................... 18 Section 6.02 Copy of Default Notice to City ........................... 19 Section 6.03 City Option to Pay Mortgage Debt or Purchase Project ....... 19 ARTICLE 7. CONSTRUCTION ......... ............................... 20 Section 7.01 Site Work ........... ............................... 20 Development Agreement ADOPTED 03/01/2001 Page i 'INELLPS COUNTY rLR, REC,8K 11276 Pp 860 ` Section 7.02 Construction .................. 20. Section 7.03 Construction Completion Certificate ........................ 22 Section 7.04 City Not in Privity ..... ............................... 23 Section 7.05 Construction Sequencing and Staging Area ................ 24 ARTICLE 8. INDEMNIFICATION ........ ............................... 24 Section 8.01 Indemnification by the Developer ........................ 24 Section 8.02 Indemnification by the City ............................. 25 Section 8.03 Limitation of Indemnification ............................ 26 ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER ......... ............................... 26 Section 9.01 Representations and Warranties ........................ 26 Section 9.02 Covenants .......... ............................... 28 ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY ............... ............................... 29 Section 10.01 Representations and Warranties ....................... 29 Section 10.02 Covenants ......... ............................... 30 ARTICLE 11. CONDITIONS PRECEDENT . ............................... 31 Section 11.01 The Developer Acquiring Project Site .................... 31 Section 11.02 Construction of Project .............................. 32 Section 11.03 Responsibilities of the Parties for Conditions Precedent ..... 32 ARTICLE 12. DEFAULT; TERMINATION .. ............................... 32 Section 12.01 Project Default by the Developer ....................... 32 Section 12.02 Default by the City ... ............................... 34 Section 12.03 Obligations, Rights and Remedies Cumulative ............ 36 Section 12.04 Non - Action on Failure to Observe Provisions of this Agreement ........... .............................36 Section 12.05 Termination ........ ............................... 36 Section 12.06 Termination Certificate ............................... 38 ARTICLE 13. RIGHT TO CONTEST ...... ............................... 38 Section 13.01 Right to Contest ..... ............................... 38 Section 13.02 Conditions ......... ............................... 38 Development Agreement ADOPTED 03/0112001 Page H P PINELLRS COUNTY FLR, c. OFF.REC,BK live PC es, i W ARTICLE 14. ARBITRATION .......................................... 39 Section 14.01 Agreement to Arbitrate ............................... 39 Section 14.02 Appointment of Arbitrators ............................ 39 Section 14.03 General Procedures .. ............................... 40 Section 14.04 Majority Rule ...................................... 41 Section 14.05 Replacement of Arbitrator .............. 41 Section 14.06 ............ Decision of Arbitrators 41 Section 14.07 ............................... Expense of Arbitration ............................... 42 Section 14.08 Accelerated Arbitration ............................... 42 Section 14.09 Applicable Law ...... ............................... 43 Section 14.10 Arbitration Proceedings and Records ................... 43 ARTICLE 15. UNAVOIDABLE DELAY ..... .................:............. 43 Section 15.01 Unavoidable Delay .................................. 43 ARTICLE 16. RESTRICTIONS ON USE ... ............................... 44. Section 16.01 Project .......... ............................... 44 ARTICLE 17. FIRE OR OTHER CASUALTY; CONDEMNATION .............. 44 Section 17.01 Loss or Damage to Project ........................... 44 Section 17.02 Partial Loss or Damage to Project ...................... 45 Section 17.03 Project Insurance Proceeds ....................:...... 45 Section 17.04 Notice of Loss or Damage to Project .................... 45 Section 17.05 Condemnation of Project or Project Site; Application of Proceeds ........ ............................... 45 ARTICLE 18. MISCELLANEOUS ............. .......................: 46 Section 18.01 Assignments ....... ............................... 46 Section 18.02 Successors and Assigns ............................. 47 Section 18.03 Notices ............ ............................... 47 Section 18.04 Applicable Law and Construction ...................... 48 Section 18.05 Venue; Submission to Jurisdiction ...................... 48 Section 18.06 Estoppel Certificates . ............................... 49 Section 18.07 Complete Agreement; Amendments .................... 49 Section 18.08 Captions ........... ............................... 49 Section 18.09 Holidays ........... ............................... 49 Section 18.10 Exhibits 49 ........... ............................... Development Agreement ADOPTED 03/01/01 Page iii PINELLAS COUNTY FLA, JFF,REC,BK 11278 PO 862 Development Agreement ADOPTED 03101/01 Page iv Section 18.11 No Brokers ......... ............................... 50 Section 18.12 Not an Agent of City ... ............................... 50 Section 18.13 Memorandum of Development Agreement ............... 50 Section 18.14 Public Purpose ...... ............................... 50 Section 18.15 No General Obligation ............................... 50 Section 18.16 Other Requirements of State Law ...................... 50 Section 18.17 Technical Amendments, Survey Corrections .............. 51 Section 18.18 Term; Expiration; Certificate .......................... 51 Section 18.19 Approvals Not Unreasonably Withheld .................. 51 Section 18.20 Effective Date ....... ............................... 51 Development Agreement ADOPTED 03101/01 Page iv ` PINELLRS COUNTY rLR. OFF.REC.BK 11278 PG 863 EXHIBITS Legal Description of Controlled Property & Right of Way to Be Vacated ........... A Project Description ..................... ............................... B ProjectSite ........................... ............................... C Project Development Schedule ........... ............................... D Covenant Trip Generation Management Program ............................ E Covenant Regarding Hurricane Watch Closure .............................. F List of Required Permits & Approvals ....... ............................... G Public Improvements ................... ............................... H Appraisal Instructions ................................................... CafeSeating .......................... ............................... J Covenant of Unified Use ................. ............................... K License Agreement ..................... ............................... L Development Agreement ADOPTED 03/01/01 Page v PINELLRS COUNTY FLR, OFF , REC , BK 11278 PO B84 This Agreement for Development of Property (the "Agreement ") is made as of this day of March, 2001, by and between THE CITY OF CLEARWATER; FLORIDA, a Florida municipal corporation (the "City "), and CLEARWATER SEASHELL RESORT, L.C., a Florida limited liability company (the "Developer "). WITNESSETH: WHEREAS, the City of Clearwater has embarked on a community revitalization effort for Clearwater Beach; WHEREAS, one of the major elements of the City's revitalization effort is a preliminary design for the revitalization of Clearwater Beach entitled Beach by Design; WHEREAS, Beach by Design identifies a need for additional public parking on Clearwater Beach; WHEREAS, Beach by Design calls for the removal and replacement of surface parking spaces located to the west of South Gulfview to the south of Pier 60 Park; WHEREAS, the City has adopted Beach by Design pursuant to the Pinellas Planning Council's Rules in support of the City's Comprehensive Plan; WHEREAS, Clearwater Seashell Resort, L.C. has proposed to develop a mixed use project on certain property fronting on South Gulfview (the "Project Site ") and has proposed to include at least seven hundred and fifty (750) parking spaces of which at least four hundred (400) spaces shall be open to the public; WHEREAS, it is necessary that the City take certain actions in order to make it possible for Clearwater Seashell Resort, L.C. to develop the Project Site in accordance with the goals and objectives of Beach by Design; WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 et sep. Fla. Stat. and applicable law; WHEREAS, the City has determined that as of the Effective Date of this Agreement, the proposed development is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, at a duly called public meeting on March 1, 2001, the City Commission approved this Agreement, and authorized and directed its execution by the appropriate officials of the City; and Development Agreement ADOPTED 03/01/01 Page 1 ,,A PINELLPS COUNTY rLR OFF.REC.8K 11278 PO eeS WHEREAS, the members of Clearwater Seashell Resort, L.C. have approved this Agreement and has authorized certain individuals to execute this Agreement on its behalf. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: ARTICLE 1. DEFINITIONS. 1.01. Definitions. The terms defined in this Article 1 shall have the following meanings except as herein otherwise expressly provided: 1. , "Agreement" means this Agreement for Development of Property including any Exhibits and any amendments thereto. 2. "Beach byDesign" or "Plan" means the strategic redevelopment plan for Clearwater Beach dated 2001 which was adopted by the City Commission pursuant to the provisions of the Pinellas County Planning Council's Rules for the designation of a Community Redevelopment District. 3. "City" means the City of Clearwater, Florida, a Florida municipal corporation. 4. "City Commission" means the governing body of the City. 5. "Commencement Date" means the date on which Developer commences orcauses a Contractor to commence construction (see Section 5.05(12)). 6. "Completion Date" means the date on which the last certificate of occupancy required for the Project is issued. 7. "Construction Completion" means the date a Construction Completion Certificate is issued (see Section 7.03). 8. "Controlled Property" means those properties within the Project Site which are subject to a purchase contract in favor of the Developer or an affiliate or nominee on the. Effective Date of this Agreement (see Section 5.01) which are more particularly described in the legal description set out in Exhibit A to this Agreement. 9. "Developer" means, for the purposes of this Agreement, Clearwater Seashell Resort, L.C. and its successors and assigns as provided in Article 18. 10. "Effective Date" means the date of approval and execution of this Agreement. Development Agreement ADOPTED 03/01/01 Page 2 PINELLRS COUNTY FLA. OFF.REC.SK 11278 PO See 11. "Exhibits" means those agreements, diagrams, drawings, specifications, instruments, forms of instruments, and other documents attached hereto and designated as exhibits to, and incorporated in and made a part of, this Agreement. 12. "Garage Access Improvements" means the pedestrian overpass, landing, arcade, elevated sidewalk, and facilities to provide concessions along the western facade of the Project which are proposed in conjunction with the development of at least four hundred (400) parking spaces as a part of the Project which are to be available to the general public and to be owned by the City, as more particularly described on Exhibits H and L. 13. "Meeting Space" means any building floor area which can be used in conjunction with conference or meeting activities. 14. "Net Cost of South Gulfview and Beach Walk Improvements" means the total cost of the improvements, including debt service, fees, and return on equity, net of: a) any impact fee credits credited against the cost of the improvements, and b) any other funding made available by or through the City which are not generated by the Project. 15. "Net increase in taxes" means that increase in revenues above the amount in either municipal ad valorem taxes or utility taxes paid by the owner of the Controlled Property as of the Effective Date of this Agreement. 16. "Permits" means all land development approvals and consents required to be granted, awarded, issued, or given by any governmental authority in order for construction of the Project, or any part thereof, to commence, continue or be completed. 17. "Plans and Specifications" means, as to each part of the Project to be developed, the site plan for the Project to be developed, filed with the City as required by the Land Development Regulations for the purpose of review and approval. 18. "Project" means, collectively, the concept of development for a resort hotel proposed by the Developer as described in Section 2.03(1) of this Agreement and the preliminary plans which are attached hereto as Exhibit B. 19. "Project Site" means the land area generally bounded by the western edge of the right -of -way of Coronado Street, on the north by the southern boundary of the Golden Sands Motel property, sometimes referred to as the "Spyglass property ", on the south by the northern boundary of the property popularly known as the "Legends property," and on the west by the centerline of South Gulfview, which is more particularly described and depicted on Exhibit C (see Section 5.02). Development Agreement ADOPTED 03/01/01 Page 3 PINELLAS COUNTY FLA, OFF.REC,BK 11278 PG BS7 20. "South Gulfview and Beach Walk Improvements" means the proposed realignment of South Gulfview and the construction of a thirty -five (35) foot wide promenade, a fifteen (15) foot bicycle /skating path, a fifteen (15) foot beachfront pedestrian path, fifty (50) paid surface parking spaces and associated landscaping from the northern edge of the right -of -way of First Street to a line which represents an extension of the southern wall of the South Beach Pavilion eastward to the eastern boundary of the existing right -of -way of South Gulfview, as more particularly shown on Exhibit H. 21. "Termination Date" means the date a termination certificate is issued pursuant to Article 12. 22. "Termination for Cause" means a termination which results from an uncured, material breach of the Agreement. 23. "Unavoidable Delay" means a delay as described in Article 15 hereof. 24. "Vacation of Rights -of -Way" means the abandonment of the right -of -way of Third Street between the right -of -way of Coronado and the centerline of the existing right - of -way of South Gulfview and the eastern half of the existing right -of -way of South Gulfview within the Project Site by the City in favor of Developer, in order that the goals and objectives of the Comprehensive Plan may be better accomplished. 1.02. Use of Words and Phrases. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless . the context shall otherwise indicate, the singular shall include the plural as well as the singular number, and the word "person" shall include corporations and associations, limited liability corporations and partnerships, including public bodies, as well as natural persons. "Herein," "hereby," "hereunder," "hereof," "herein before," "hereinafter" and other equivalent words referto this Agreement and not solely to the particular portion thereof in which any such word is used. 1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (2000), as amended from time to time. ARTICLE 2. PURPOSE AND DESCRIPTION OF PROJECT. 2.01. Finding of Public Purpose and Benefit. The proposed Project, including the acquisition of the Controlled Property by the Developer and the design, construction, completion and operation of the Project, and each part thereof, is hereby found by the parties hereto: (1) to be consistent with and in furtherance of the objectives of the Comprehensive Plan of the City of Clearwater, (2) to conform to the provisions of Florida law, (3) to be in the best interests of the citizens of the Development Agreement ADOPTED 03/01/01 ,.gin Page 4 PINELLAS COUNTY FLR, OFF , REC , 8K 11278 PG eSE City, (4) to further the purposes and objectives of the City, (5) to further the public interest on Clearwater Beach, and (6) to implement Beach by Design for South Gulfview, including the removal of parking from the dry sand beach, implementation of the South Gulfview and Beach Walk Improvements and the Garage Access Improvements to be constructed as a part of the Project. 2.02. Purpose of Agreement. The purpose of this Agreement is to further the implementation of Beach by Design by providing for the development of the Project Site and the construction of certain public improvements, all to enhance the quality of life, increase employment and improve the aesthetic and useful enjoyment of Clearwater Beach and the City, all in accordance with and in furtherance of the Comprehensive Plan of the City of Clearwater and as authorized by and in accordance with the provisions of Florida law. 2.03. Scope of the Project. 1. The Project shall only include public parking, private parking, resort hotel 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. When all required approvals including designation of the Project Site as 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 have been granted by the appropriate authorities pursuant to applicable law, the intensity of permitted use on the Project Site shall be: Public parking - at least 400 spaces Private parking - at least 350 spaces Hotel - 250 units including up to 20,000 square feet of Meeting Space Retail - not more than 50,000 square feet of floor area If the change described in Section 3.01(2) is not approved pursuant to all applicable rules, regulations and laws and a Community Redevelopment District hotel density bonus program is not established, the City and Developer agree to work together in good faith to agree on an economically viable alternative development, which shall include at a minimum 400 parking spaces to be available to the public. In addition, if the change described in Section 3.01(2) is not approved and the City and the Developer cannot agree on an economically viable alternative development, the City and the Developer agree to negotiate a sale whereby the City may buy the Development Agreement ADOPTED 03101101 Page 5 PINELLAS COUNTY FLR, OFF,REC,BK 11278 PG ess Controlled Property at fair market value, to be established by an appraisal process. 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. 2. Nothing shall preclude the Developer from developing or operating all or portions of the Project elements using any ownership format permitted under Florida Statutes including individual ownership formats. 3. Up to twenty -five percent (25 %) of the hotel units may be suites with kitchens, including all typical kitchen equipment and amenities. 4. Notwithstanding any other provision of this Agreement, no occupancy in excess of thirty (30) days per stay shall be permitted in any unit which is developed as a part of the Project. 5. As a condition of the allocation of bonus hotel units pursuant to the designation of Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council's Rules, the Developer shall comply with each of the standards established in Beach by Design, including: a. The resort hotel which is a part of the Project shall provide a full range of on and off site amenities for the guests of the resort, including a full service restaurant, room service, valet parking, exercise facilities, pool, and meeting areas and access to boating, fishing and golf off - site. Off site amenities may be provided through a concierge service. b. The resort hotel which is a part of the Project shall be operated as a Marriott Resort or other comparable national or international "flag" or brand or as part of .another comparable marketing affiliation or program which will ensure the repositioning of Clearwater Beach as a national and international resort destination. C. Prior to the issuance of a certificate of occupancy for the resort hotel which is a part of the Project, the Developer shall record a covenant Development Agreement ADOPTED 03/01/01 Page 6 W PINELLRS COUNTY FLR, OFF,REC,BK 1127A PO 870 and restriction which is enforceable by the City, substantially in accordance with Exhibit E, limiting the use and operation of the resort, which is enforceable by the City, obligating the Developer to develop, implement and operate, at all times when the resort hotel is open, a Trip Generation Management Program which shall include the provision of non - private automobile access to and from the resort which shall include at least an airport shuttle and resort- provided transportation to off -site amenities and attractions. d. Prior to the issuance of a building permit authorizing the construction of the resort hotel units, the Developer shall record a covenant and restriction which is enforceable by the City, substantially in accordance with Exhibit F, on the use and operation of the resort, which is enforceable by the City, that obligates the Developer to close and vacate all persons (except for emergency personnel required to secure and protect the facilities) from the resort hotel within twelve (12) hours after the issuance of a hurricane watch by the National Hurricane Center which includes Clearwater Beach . 2.04. Cooperation of the Parties. The City and the Developer recognize that the successful development of the Project and each component thereof is dependent upon the continued cooperation of the City and the Developer, and each agrees that it shall act in a reasonable manner hereunder, provide the other party with complete and updated information from time to time, with respect to the conditions such party is responsible for satisfying hereunder and make its good faith reasonable efforts to ensure that such cooperation is continuous, the purposes of this Agreement are carried out to the full extent contemplated hereby and the Project is designed, constructed, completed and operated as provided herein. ARTICLE 3. REGULATORY PROCESS. 3.01. Land Development Regulations. 1. Land Use Designation. The Project Site is designated Tourist District in the City's Land Development Regulations. 2. Amendments to Comprehensive Plan & Land Development Regulations. The City agrees to initiate an amendment to the Comprehensive Plan of the City of Clearwater to update the Plan to recognize the Goals and Objectives set forth in Beach by Design and to take all steps necessary to designate Clearwater Beach as a Community Redevelopment District in accordance with Beach by Design pursuant to Pinellas County Planning Council Rules; and, in the event this designation is obtained, the City shall initiate Development Agreement ADOPTED 03/01/01 Page 7 P INELLPS COUNTY frLR . OFF . REC . BK 11278 PG 871 appropriate proceedings to allocate an additional one hundred eighty -five (185) hotel units, for a total of two hundred fifty (250) hotel units to the Project Site in accordance with applicable law. 3.02 Development Approvals and Permits. 1. Applications for Development Approval. The Developer shall prepare and submit to the appropriate governmental authorities, including the City, applications for approval of all plans and specifications necessary for the Project, and shall bear all costs of preparing such applications, applying for and obtaining such permits, including payment of any and all applicable application, inspection, regulatory and impact fees or charges, subject to the provisions of Section 5.05(5). The City shall, to the extent possible, expedite review of all applications, including foundation permits. A list of all permits and approvals required to implement the provisions of this Agreement is attached as Exhibit G. The failure of this Agreement to address a particular permit, condition, or term of restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 2. Schedule. A Project Development Schedule is attached to this Agreement as Exhibit D that identifies specific tasks to be completed through the entire Project, starting with the issuance of a foundation permit and installation of pilings. Adherence to the schedule will enable the Developer to document a continuous construction project to the State of Florida. 3. City Cooperation and Assistance. The City shall cooperate with the Developer in obtaining all necessary Permits required for the construction, completion and opening for business of the Project. If requested by the Developer and authorized by law, the City will join in .any application for any Permit, or, alternatively, recommend to and urge any governmental authority that such Permit or Permits be issued or approved. 4. City Authority Preserved. The City's duties, obligations, or responsibilities under any section of this Agreement, specifically including, but not limited to, this Section 3.02, shall not affect the City's right, duty, obligation, authority and power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations. Notwithstanding any other provision of this Agreement, any required permitting, licensing or other regulatory approvals by the City shall be subject to the established procedures and substantive requirements of the City with respect to review and permitting of a project of a similar or comparable Development Agreement ADOPTED 03/01/01 Page 8 W P INELLPS COUNTY F LR OFF,REC,BK 11278 PG 672 nature, size and scope. In no event shall the City, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals except through its established procedures and in accordance with applicable provisions of law. 5. Impact Fees. The City shall use its best efforts to secure or provide any lawfully available credits against impact fees applicable to the Project which are authorized under existing laws and regulations for public improvements constructed and paid for by the Developer. In the event that the City is unable to secure a credit against any impact fees, the City shall use its best efforts, within the limits of the applicable law, to allocate impact fees collected from the Developerto the public improvements which are described in Exhibit H to this Agreement or other improvements in the immediate vicinity of the Project Site. 3.03. Concurrency. Concurrency Required. The parties hereto recognize and acknowledge that Florida law (specifically, Part Il, Chapter 163, Florida Statutes, and Rule 9J- 5, Florida Administrative Code, collectively the "Growth Management Act ") imposes restrictions on development if adequate public improvements are not available concurrently with that development to absorb and handle the demand on public services caused by development. The City has created and implemented a system for monitoring the effects of development on public services within the City. The Developer recognizes and acknowledges it must satisfy the concurrency requirements of Florida law and the City's regulations as applied to this Project. 2. Reservation of Capacity. 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 forthe Developer and to maintain such capacity for a period of three (3) years from the Effective Date of this Agreement and that such period shall be automatically extended for an additional three (3) years if the Developer commences construction within the initial three (3) year period. The City recognizes and acknowledges that the Developer will rely upon such reservation in proceeding with the Project. 3. Required Public Facilities. In addition to the obligations of the City and the Developer set out in Article 5 of this Agreement, the Water Utilities Department of the City will provide potable water service and sanitary sewer service to the Project. Development Agreement ADOPTED 03/01/01 Page 9 PINELLRS COUNTY FLR. OFF,REC,8K 11278 PG 873" ARTICLE 4. PLANS AND SPECIFICATIONS. 4.01. Plans and Specifications. Resgonsibilityfor Preparation of Plans and Specifications. The Developer shall be solely responsible for and shall pay the cost of preparing, submitting and obtaining approval of the Plans and Specifications for the Project. 2. Use of Qualified Professionals. The Developer shall retain qualified professionals to prepare the Plans and Specifications and shall cause such professionals to prepare the Plans and Specifications. 3. Approval of Plans and Specifications for the Parking Spaces Which Are To Be Available to the Public. In order to ensure that the design of the parking spaces which are to be available to the public will achieve the City's purpose in making parking available on Clearwater Beach, the Plans and Specifications for the Project shall be submitted to the City for review and comment prior to the submission of any application for a building permit, other than a foundation permit. The City agrees to diligently proceed with and complete its review of the Plans and Specifications, and respond to the Developer as soon as reasonably possible after receipt thereof and advise the Developer in writing of the City's comments and objections, if any, thereto. The City shall notify the Developer in writing within thirty (30) days of receipt that the Plans and Specifications have or have not been approved, and in the case of disapproval, the specific reason(s) for such disapproval. If the Plans and Specifications submitted to the City by the Developer substantially comply with this Agreement and further the purposes of the Comprehensive Plan, the City shall approve the Plans and Specifications as submitted. ARTICLE 5. PROJECT DEVELOPMENT. 5.01. Ownership of Project Site. The Developer is the contract purchaser of certain parcels of land within the Project Site which are more particularly described in Exhibit A to this Agreement ( "Controlled Property"). 5.02. Project Site. The Project Site consists of those properties located in an area which is bounded by the western right -of -way of Coronado Street, on the north by the southern boundary of a parcel of land generally known as the Golden Sands Motel property, on the south by the northern boundary of a parcel of land generally known Development Agreement ADOPTED 03/01/01 0 Page 10 ^INELLRS COUNTY FLR, C REC.SK 11278 PG 874 as the "Legends" property, and on the west by the centerline of South Gulfview as more particularly described in Exhibit C. 5.03. City's Option to Purchase. At any time within five (5) years after the issuance of a certificate of occupancy for the parking spaces which are to be available to the public, in the event that the City determines that the parking rates charged by the Developer for the parking spaces which are available to the public are unreasonable, which for the purposes of this Paragraph shall be two and thirty five one hundredths (2.35) times the parking rate necessary to cover debt service required to publicly construct a comparable parking space, the City shall have the option to purchase the parking spaces which are to be available to the public from the Developer, in the form of a condominium ownership, at the fair market value of the spaces at the time the City exercises its option. The fair market value of the parking spaces shall be determined by appraisal of the property pursuant to the appraisal instructions attached hereto as Exhibit I. 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 parking spaces. 5.04. City's Obligations. Vacation of Rights -of -Way. The Developer shall apply for and the City Commission shall consider the adoption of an ordinance vacating the right - of -way of 3"d Street between Coronado Avenue and the centerline of the existing right -of -way of South Gulfview Drive and the eastern half of the existing right -of -way of South Gulfview Drive included within the Project Site, as depicted on Exhibit H. 2. Road and Sidewalk Improvements. The City shall take all actions necessary to allow for the re- alignment of South Gulfview Drive between 1 st Street and the Adams Mark Resort and the implementation of the South Gulfview and Beach Walk Improvements, as shown on Exhibit H. South Gulfview Drive, as re- aligned, shall be traffic calmed to control speed. 3. Parking Garage. In the event that the City exercises its option to purchase public parking spaces as provided in Section 5.03 of this Agreement, not less than forty percent (40 %) of the parking spaces located on the first two levels Development Agreement ADOPTED 03/01/01 Page 11 PINELLRS COUNTY PLR, OFF.REC.SK 11278 PG 875 of the garage shall be designated as public spaces and such spaces to be conveyed shall be located in discrete areas which are reasonably accessible to the point or points of access to the beach. 4. Permits. The City will cooperate and coordinate with the Developer with regard to all permit applications, including those to state agencies, and will facilitate or expedite, 'to the greatest extent possible, the permit approval process. 5. Authority for Cafe Seating. The City shall consider the adoption of a regulation authorizing the use of portions of the west thirty -five (35) feet'of the South Gulfview Drive right -of -way existing on the Effective Date of this Agreement for outdoor cafe seating and associated activities in accordance with the terms of Exhibit J, provided that such activities shall not interfere with the use of the west half of the thirty -five (35) feet of the existing right -of- way of South Gulfview Drive for pedestrian and vehicular movement in accordance with the provisions of Beach byDesign, including the intra -beach transit system proposed in Beach by Design. 6. Garage Access Improvement Approval. The City shall grant the Developer the authority to construct the Garage Access Improvements and associated pedestrian facilities extending from the Project Site across the re- aligned South Gulfview Drive to public land, as shown on Exhibit H. 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, 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 L. 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, chairs, and other beach gear required to operate a first -class beach hotel. Such facilities shall be built into the beach landing portion of the pedestrian overpass, as more particularly depicted on Exhibit H. 8. Removal of Parking. In conjunction with the Project, the City agrees to the removal of the off - street parking spaces which are located on the beach between the concession building located between 3rd and 51' Streets and the Pier 60 lot (approximately 317 spaces). The new design for the realignment of South Gulfview Drive and the South Gulfview and Beach Walk Development Agreement ADOPTED 03/01/01 Page 12 V P INELLRS COUNTY rLR , OFF . REC , 8K 11278 Pd e78 Improvements, as described in Exhibit H, includes two (2) parking areas of twenty -five (25) parking spaces each on the east side of the re- aligned road. 9. Approval of Plans and Specifications for the South Gulfview and Beach Walk Improvements. The Developer is obligated to prepare Plans and Specifications for the South Gulfview and Beach Walk Improvements. At least thirty (30) days prior to applying for a building permit for the South Gulfview and Beach Walk Improvements, the Developer shall submit a complete draft of such plans to the City for review and comment. The City shall promptly review such plans and provide comments and recommended modifications to the Developer within thirty (30) days of receipt. The Developer shall incorporate the City's comments and recommended changes in the Plans for the South Gulfview and Beach Walk Improvements and the City shall review and approve the plans and specifications within thirty (30) days after submission of the Plans and Specifications for the South Gulfview and Beach Walk Improvements. 10. Public Financing of Public Improvements. Subject to agreement and request by the Developer, the City shall provide the Developer with financing, to the extent permitted by law without a referendum, provided that such debt will be serviced only by special revenues generated by the Project. The maximum amount of the financing shall depend on the final design of the South Gulfview and Beach Walk Improvements and the net cost of construction. The cost of the South Gulfview and Beach Walk Improvements shall be net of any credits against impact fees which are available under existing law and the Developer's fair share of the South Gulfview and Beach Walk Improvements. The City agrees to make the following sources of revenue available for debt service of any public financing for the South Gulfview and Beach Walk and Garage Access Improvements: a. Net operating income from the fifty (50) new parking spaces created as a part of the South Gulfview and Beach Walk Improvements;'and b. Fifty percent (50 %) of the net increase in municipal ad valorem taxes and utility taxes generated by the Project. 11. Timely Completion. The City recognizes the public importance of the timely completion of the proposed improvements, and time is deemed to be of the essence. The City considers this Agreement as overall authority for the Developer to proceed to permit, and agrees to implement a fast -track review, permitting, and inspection program for this Project. Development Agreement ADOPTED 03/01/01 Page 13 PINELLAS COUNTY FLA, OFF,REC,BK 11278 PO 877 12. Additional Public Parking. The City agrees that the City will not use public funds to provide more than three hundred (300) additional parking spaces (net increase in the number of spaces above the number of public parking spaces in existence on the effective date of this Agreement) which are available for use by the public within a radius of a quarter -mile of the Project Site for a period of five (5) years after the issuance of a certificate of occupancy for the Project, unless otherwise agree to by the Parties. 5.05. Obligations of the Developer. Resort Hotel and Parking Garage Project. The Developer shall build and operate a two hundred and fifty (250) room resort hotel to be operated as a Marriott resort or other comparable international hotel /resort management company together with a parking garage containing at least seven hundred and fifty (750) parking spaces. In the event that the Developer determines to operate the resort hotel under a different "hotel /resort" name, the Developer shall obtain the City's approval, which shall not be unreasonably withheld, providing that the reputation and- qualifications are comparable to the Marriott organization. The parking spaces shall be no narrower than nine (9) feet and no shorter than eighteen (18) feet, and no two -way aisle shall be less than twenty five (25) feet in width. 2 Responsibility for On -Site Costs. The Developer shall be responsible for all on -site costs relative to the development of the Project, including the parking spaces which are required to be open to the public. 3 Parkinci. The Developer agrees to make at least four hundred (400) parking spaces within the Project available to the general public within the parking garage. The Developer may charge the public for use of the parking spaces which are available to the general public on terms and rates which are market -based and commensurate with terms and rates which are in effect for comparable beachfront, covered parking structures in Florida resort areas. 40 South Gulfview and Beach Walk and Garage Access Improvements The Developer shall be responsible for the design and construction of the South Gulfview and Beach Walk and Garage Access Improvements. 5. Cost of South Gulfview and Beach Walk and Garage Access Improvements. The Developer shall be responsible for funding the total cost of the South Gulfview and Beach Walk and Garage Access Improvements, subject only to the following: Development Agreement ADOPTED 03/01/01 Page 14 PINELLRS COUNTY FLR, jFF,REC,BK 11278 PG B7A a. In the event that impact fee credits are available to the Developer, such credits shall be credited to the Developer against the cost of the South Gulfview and Beach Walk Improvements. 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 � (FPROJ /FSGBW) X (CSGBW) SPR = Pro Rata Share FPRCU = Frontage of Project Site FSGBW = Total Frontage along South Gulfview and Beach Walk Improvements CSGBW = Net Cost of South Gulfview and Beach Walk Improvements. 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 a pro rata share of the cost of the South Gulfview and Beach Walk Improvements as a condition of development approval. The pro rata share shall be equal to the total cost of the 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 = (FPRGJFSGBW) X (CSGBW) SPR = Pro Rata Share FPRW = Frontage of Project Site FSGBW = Total Frontage along South Gulfview and Beach Walk Improvements CSGBW = Net Cost of South Gulfview and Beach Walk Improvements The pro rata share paid by any such other developer shall be promptly applied to the outstanding principal on any indebtedness incurred to fund the South Gulfview and Beach Walk Improvements. Development Agreement ADOPTED 03/01/01 Page 15 PINELLPS COUNTY FLR, OFF,REC.BK 11278 PO 879 d. The net operating income from the fifty (50) surface parking spaces which are constructed as a part of the South Gulfview and Beach Walk Improvements shall be available to repay the Net Cost of the South Gulfview and Beach Walk Improvements and the Garage Access Improvements, for a period of time not to exceed twenty -five (25) years. e. The City shall make an amount available equal to fifty percent (50 %) of the net increase in municipal ad valorem and utility taxes above the ad valorem and utility taxes generated by the improvements existing on the Project Site on the Effective Date of this Development Agreement to repay any private indebtedness incurred to repay the Net Cost of the South Gulfview and Beach Walk Improvements and the Garage Access Improvements, for a period of time not to exceed twenty -five (25) years. f. The incremental utility tax, a portion of which is to be made available to service the debt incurred to construct South Gulfview and Beach Walk Improvements and the Garage Access Improvements, shall be the increase in utility taxes above the amount of annual utility taxes paid by the owners of the existing improvements on the Project Site in the twelve (12) months preceding the Effective Date of this Agreement, as documented by the Developer. In the event that the Developer fails, for any reason, to document the annual utility taxes paid by the owners of the existing improvements on the Project Site in the twelve (12) months preceding the Effective Date of this Agreement, the incremental utility tax which is to be made available to service the debt incurred to construct South Gulfview and Beach Walk Improvements and the Garage Access Improvements shall be the increase in utility taxes above the amount of annual utility taxes paid by the Developer during the first year of operation of the Project, which amount shall be provided to the City within thirty (30) days after the end of the first year of operation. 6. Financing of Improvements a. In the event that the public financing provided for in Paragraph 10 of Section 5.04 of this Development Agreement is, for any reason, unavailable to fund any portion of or all of the Net Cost of the South Gulfview and Beach Walk Improvements and the Garage Access Improvements, the Developer shall provide the financing required to fund the total cost of the improvements. Development Agreement ADOPTED 03/01101 Page 16 PINELLRS COUNTY rLR, OFF,REC,8K 11278 PG 880 b. In the event that public financing is available for all or a portion of the Net Cost of the South Gulfview and Beach Walk Improvements and the Garage Access Improvements, and the Developer provides additional financing pursuant to this paragraph, the Developer shall be entitled, for a period of not more than twenty -five (25) years, to receive an annual payment equal to fifty percent (50 %) of the additional incremental ad valorem taxes plus the difference between fifty percent (50 %) of the incremental utility tax generated by the Project and the amount required to service the public debt. 7. Other Improvements. The City shall have an option to require the Developer to include the portions of the Additional South Gulfview and Beach Walk Improvements which are described in Exhibit H on a "turn key" basis, provided that the City pays all costs of such share of the South Gulfview and Beach Walk Improvements, including reasonable developer's fees. The City's option period shall be for a term of twelve (12) months from the Effective Date of this Agreement. If the City declines to exercise its option and its twelve (12) months option period expires, then, upon written notice to the City within thirty (30) days after the expiration of the option, the Developer may elect to fund and construct these improvements, and then include the cost of the additional improvements in the South Gulfview and Beach Walk Improvements financing. 8. Covenant of Unified Use. The Developer hereby agrees to execute the covenant of unified use and development for the Controlled Property providing that the Controlled Property shall be developed as a single project and operated and used as a unified mixed use project, which is attached as Exhibit K; provided however, that nothing shall preclude the Developer from selling all or a portion of the Controlled Property in a condominium form of ownership. 9. Quality and Value. The Developer shall design and construct the South Gulfview and Beach Walk Improvements described in Exhibit H as a high quality product in keeping with Beach by Design and the Seashell /Marriot design, subject only to a final budget which the Parties agree is approximately three million five hundred thousand dollars ($3,500,000.00) for the South Gulfview and Beach Walk Improvements not including the Additional South Gulfview Improvements to the south of the beach concession building, as depicted as Phase .13 in Exhibit H ( "Additional South Gulfview Improvements "). Development Agreement ADOPTED 03/01101 Page 17 PINELLAS COUNTY FLP, OFF,REC,BK 1127e PO 861 10. Project Obligations. The Developer agrees to carry out the redevelopment of the Project Site by completing the purchase of all of the Controlled Property, preparing project plans and specifications, obtaining approvals by governmental authorities necessary for development of the Project, constructing various private improvements on the Project Site and operating the Project as a unified and integrated project. The Developer shall take all actions necessary to maintain control of the Project Site, until a certificate of occupancy is issued by the City. 11. Dedication of Right -of -Way. Prior to the issuance of a building permit, other than a foundation permit, authorizing the construction of the resort hotel nt4 units, the Developer shall dedicate ten (10) feet along the entire boundary of the Project Site, including any land previously included within the right -of -way of Third Street to the City as additional right -of -way for Coronado Avenue. 12. Commencement of Construction. The Developer shall commence construction of the Project within twelve (12) months of the Effective Date of this Agreement, unless the City shall have failed to gain approval of a Community Redevelopment District, of which the Project Site is a part, as provided for in Section 3.01 of this Agreement ( "Commencement Date "), or as soon thereafter as possible after the authority for the Community Redevelopment District becomes effective and shall thereafter diligently pursue completion of the Project. 13. Construction and Performance Completion Bond. Prior to commencing construction of the South Gulfview and Beach Walk Improvements and the Garage Access Improvements, and, in the event that the City exercises its option in regard to the Additional South Gulfview and Beach Walk Improvements, theAdditional South Gulfviewand Beach Walk Improvements, the Developer shall provide the City with a performance bond in a form acceptable to the City guaranteeing the completion of the South Gulfview and Beach Walk Improvements and the Additional South Gulfview Improvements. ARTICLE 6. PROJECT FINANCING. 6.01. Notice of Project Financing to City. As soon as the Developer shall have obtained any financing for any portion of the Project, the Developer shall provide the City with a sworn statement identifying the Project Lender(s) and documenting the type of financing that the Project Lender(s) has issued in favor of the Developer for the Project. Development Agreement ADOPTED 03/01/01 Page 18 PINELLAS COUNTY FLA, OFF,REC,8K 11278 PO 882 6.02. Copy of Default Notice to City. The Developer covenants and agrees that any Project Construction Financing documents shall include provisions which provide that in the event any Project Financing shall become due and payable by maturity or acceleration, the Project Lender shall give written notice thereof to the City by certified mail, return receipt requested. Such notice from the Project Lender to the City shall state the basis of the default by the Developer and shall include copies of any pleadings in any proceeding instituted by the Project Lender(s) incident thereto. 6.03. City Option to Pay Mortgage Debt or Purchase Project. 1. Assignment of Mortgage. Any mortgage instrument pertaining to any portion of the Project Site in effect prior to issuance of the Construction Completion Certificate for such portion of the Project Site shall provide that following a failure of the Developer to repay any Project Financing which shall become due and payable by maturity or acceleration, the City is entitled, upon giving reasonable written notice to the Developer, the Project Lender(s) and any other holder of such a mortgage, to an assignment of the mortgage securing the Construction Financing by paying to the Project Lender an amount of money not to exceed a sum equal to the amount of money advanced by the Project Lender(s) to the Developer with respect to the Project Site, together with unpaid accrued interest on such amount, prepayment penalties, and all other accrued charges of the Project Lender(s) (including, without limitation, reasonable attorneys' fees incurred as a result of a default by the Developer under the Project Construction Financing). 2. Entitlement to Conveyance. If prior to the issuance of a Construction Completion Certificate, the ownership of any part of the Project located thereon has vested in a Project Lender(s) or any other person by foreclosure or any other action in lieu thereof, the City shall be entitled, at its election exercisable within sixty (60) days after the Project Lender(s) or other person obtains or receives title to the Project Site or part of the Project Site by notice to such Project Lender(s) or other person, to a conveyance of the Project Site or that part of the Project for which ownership has vested in the Project Construction Lender or other person to the City upon payment to the Project Lender(s) or other person of an amount not greater than the sum of (i) the larger of the money advanced by the Project Lender(s) or other person to the Developer with respect to that Parcel and due and owing at the time of the foreclosure or any other action in lieu thereof or the amount paid at foreclosure, less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings; (ii) all reasonable expenses of the Project Lender(s) or other person incurred in connection with the foreclosure of the Parcel or part of the Project; (iii) the expense, if any, incurred by the Project Development Agreement ADOPTED 03/01/01 Page 19 PINELLRS COUNTY PLR, OFF,REC,BK 11278 PLC 883 Lender(s) or other person in and as a direct result of the subsequent management of the Project; (iv) any prepayment penalties and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amount had all such amounts become part of the money advanced by the Project Lender (s) or other person to the Developer with respect to the Project Site and such money advanced had continued to be due and owing; and less income resulting from the management of the Project subsequent to the termination of foreclosure proceedings or the date that the Project Lender(s) or other person obtained title to the Project Site by deed in lieu of foreclosure, whichever is the earlier. ARTICLE 7. CONSTRUCTION OF SOUTH GULFVIEW AND BEACH WALK IMPROVEMENTS AND GARAGE ACCESS IMPROVEMENTS. 7.01. Site Work. The Developer shall be responsible for all site investigation, environmental testing, demolition and site clearing in regard to the construction of the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements in the event that the City exercises its option pursuant to Paragraph 5.04(1) of this Agreement and the Garage Access Improvements. 7.02. Construction 1. Commencement. The Developer shall construct the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements in the event that the City exercises its option pursuant to Paragraph 5.04(1) of this Agreement, and the Garage Access Improvements, substantially in accordance with the Plans and Specifications therefor. The Developer shall commence construction within twelve (12) months after the Effective Date of thisAgreement in accordance with Section 5.05(12), unless the City shall have failed to gain approval of a Community Redevelopment District, of which the Project Site is a part, as provided for in Section 3.01 of this Agreement ( "Commencement Date "), or as soon thereafter as possible after the authority for the Community Redevelopment District becomes effective and shall thereafter diligently pursue completion of the Project. 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 continued and diligently prosecuted toward completion of that part of the Project. Development Agreement ADOPTED 03/01/01 Page 20 PINELLAS COUNTY rLA, OFF , REC , BK 11278 PG B84 b. All obligations of the Developer (including deadlines in the Commencement Date) with respect to commencement and continuation of construction in regard to the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements in the event that the City exercises its option pursuant to Paragraph 5.04(1) of this Agreement and 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. 2. Pursuit of Construction. After the Commencement Date, the Developer shall continue, pursue and prosecute the construction of the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.04(1) of this Agreement, and the Garage Access Improvements with due diligence to completion, and shall not at any time actually or effectively have abandoned (or its Contractor having actually or effectively abandoned) the work. For purposes of this subsection (b), "abandoned" means to have ceased any construction work which effectively advances the construction of the work toward completion, including removing all or substantially all of the construction work force from the site of the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.04(1) of this Agreement, and the Garage Access Improvements. 3. Payment of Contractors and Suppliers. The Developer shall promptly pay, or arrange to be paid, all moneys due and legally owing to all persons or organizations doing any work or furnishing any materials, fuel, machinery or supplies to the Developer or any Contractors in connection with construction of any part of the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.04(1) of this Agreement, and the Garage Access Improvements. 4. Maintenance of Construction Site. During the construction of the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.04(1) of this Agreement, and the Garage Access Improvements, the Developer shall, at its own expense, keep the site of the South Gulfview and Beach Walk Improvements, the Additional South Development Agreement ADOPTED 03/01/01 Page 21 .21NELLAS COUNTY rLA. OFF.REC.BK 1127e Pa ee5 Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.04(1) of this Agreement, and the Garage Access Improvements in good and clean order and condition, and the Developer shall promptly make all necessary or appropriate repairs, replacements and renewals thereof, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen. All repairs, replacements and renewals shall be equal in quality and class to the original work. When making such repairs, replacements or renewals, the Developer shall comply with all laws, ordinances, codes and regulations then applicable to that part of the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.04(1) of this Agreement, and the Garage Access Improvements. The Developer shall have the right, after written notice to the City, to contest by appropriate legal proceedings conducted in good faith, the validity or applicability of any such law, ordinance, code or regulation, and to delay compliance therewith pending the prosecution of such proceeding, provided that such contest shall be in accordance with the Right to Contest provisions of Article 13. 7.03 Construction Completion Certificate. 1. For purposes of this Section 7.03, "completion, "complete," "substantially complete" or "substantial completion" means, with respect to construction of part of the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.04(1)of this Agreement, and the Garage Access Improvements, shall be the acceptance of the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.04(1)of this Agreement, and the Garage Access Improvements by the City. 2. Upon the substantial completion of the construction of each part of the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.04(1) of this Agreement, and the Garage Access Improvements in accordance with the provisions of the Plans and Specifications, the Developer shall prepare and execute the Construction Completion Certificate, which shall then be delivered to the City. Upon receipt of the certificate, the City shall promptly and diligently proceed to determine if construction of the Project has been completed substantially in accordance with the Plans and Specifications and this Agreement. Upon making such a determination, the City shall execute the certificate and return Development Agreement ADOPTED 03/01/01 in Page 22 ti INELLPS COUNTY FLR, OFF , REC , 8K 1127e PG 886 it to the Developer. The date of the Construction Completion Certificate shall be the date when all parties shall have executed said certificate. 3. The Construction Completion Certificate shall constitute a conclusive determination by the parties hereto of the satisfaction and termination of the obligations of the Developer hereunder to construct the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.04(1) of this Agreement, and the Garage Access Improvements described in the certificate; provided, however, that nothing in this Section shall be a waiver of the rights, duties, obligations or responsibilities of the City or any other governmental entity acting in its regulatory or governmental capacity or an approval of said construction. 4. If the City shall refuse or fail to execute the Construction Completion Certificate after receipt of a request by the Developer to do so, then the City shall, within ten (10) days after its receipt of such request, provide the Developer with a written statement setting forth in reasonable detail the reason(s) why the City has not executed the Construction Completion Certificate and what must be done by the Developer to satisfy such objections so that the City would sign the certificate. Upon the Developer satisfying the City's objections, then the Developer shall submit a new request to the City for execution of the Construction Completion Certificate and that request shall be considered and acted upon in accordance with the procedures in this Section for the original request. 5. If the City refuses to execute the certificate and the Developer does not agree with the objections set forth in the City's statement, then the Developer may invoke the arbitration procedures set forth in Article 14 hereof for the purpose of determining if the prerequisites for execution by all parties of the Construction Completion Certificate have been met, and if not, what actions must be taken to satisfy such prerequisites. 6. The Construction Completion Certificate shall be in a form sufficient to be recorded in the public records of Pinellas County, Florida. After execution by the City, it shall be promptly returned to the Developer who shall record the certificate in the public records of Pinellas County, Florida, and pay the cost of such recording. 7.04 City Not in Privity. The City shall not be deemed to be in privity of contract with any Contractor or provider of services with respect to the construction of any part of the Project not constituting all or any part of public improvements. Development Agreement ADOPTED 03/01101 Page 23 PINELLRS COUNTY FLR, OFF,REC,BK 11278 PG 887 7.05 Construction Sequencing and Staging Area. The Developer shall construct the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.04(1) of this Agreement, and the Garage Access Improvements in a manner and fashion which will minimize the inconvenience of the construction on the property owners of Clearwater Beach and the residents of the City. Two (2) lanes of two (2 )way traffic capacity shall be maintained between First Street and the southern end of the site of the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements in the event that the City exercises its option pursuant to Paragraph 5.04(1) of this Agreement and the Garage Access Improvements during the months of March, April, June, July and August and whenever reasonably practicable during the rest of the year. To the extent reasonably practicable, the Developer shall make as many of the existing parking spaces available for public use during construction. The City agrees to allow Developer to use a portion of the area of the existing surface parking lot located to the west of the Project Site which is designated by the City for construction staging and Project office, during construction of the Project, without charge to the Developer, provided that such staging area and Project office does not unreasonably affect the maintenance of traffic provided for in this Paragraph. ARTICLE 8. INDEMNIFICATION. 8.01. Indemnification by the Developer. The Developer agrees to indemnify, defend and hold harmless, the City, its respective agents, officers, or employees from any and all liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or attomeys' fees through appellate proceedings, for personal injury, bodily injury, death or _property damage arising out of, or by reason of any act or omission of the Developer, its agents, employees or contractors arising out of, in connection with or by reason of, the performance of any and all services covered by this Agreement, or which are alleged to have arisen out of, in connection with or by reason of, the performance of any and all services covered by this Agreement, or which are alleged to have arisen out of, in connection with, or by reason of, the performance of such services. 2. The Developer shall indemnify, defend and hold harmless the City, its officers and employees from any and all liabilities, damages, costs, penalties, judgments, claims, demands, losses, or expenses (including, but not limited to, actual attorneys' fees and engineering fees) arising from or attributable to any breach by the Developer, as the case may be, of any representations or warranties contained in Section 9.01, or covenants contained in Section 9.02. Development Agreement ADOPTED 03/01/01 r:O Page 24 P INELLRS COUNTY FLR , OFF , REC , BK 1127e PG see 3. The Developer's indemnity obligations under subsections (1) and (2) of this Section shall survive the earlier of the Termination Date or the Expiration Date, but shall apply only to occurrences, acts, or omissions that arise on or before the earlier of the Termination Date or the Expiration Date. 4. The Developer's indemnity hereunder is in addition to and not limited by any insurance policy and is not and shall not be interpreted as an insuring agreement between or among the parties to this Agreement, nor as a waiver of sovereign immunity for any party entitled to assert the defense of sovereign immunity. 8.02. Indemnification by the City. To the extent permitted by law, the City agrees to indemnify, defend and hold harmless, the Developer, its respective officers, and employees from any and all liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees through appellate proceedings, for personal injury, bodily injury, death or property damage arising out of, or by reason of, any act or omission of the City, its respective agents or employees arising out of, in connection with or by reason of, the performance of any and all services covered by this Agreement, or which are alleged to have arisen out of, in connection with or by reason of, the performance of any and all services covered by this Agreement, or which are alleged to have arisen out of, in connection with, or by reason of, the performance of such services. 2. The City shall indemnify, defend and hold harmless the Developer, its officers and employees from any and all liabilities, damages, costs, penalties, judgments, claims, demands, losses, or expenses (including, but not limited to, actual attorneys' fees and engineering fees) arising from or attributable to any breach by the City, as the case may be, of any representations or warranties contained in Section 10.01, or covenants contained in Section 10.02. 3. The City's indemnity obligations under this Section 10.02 shall survive the earlier of the Termination Date or the Expiration Date, but shall only apply to occurrences, acts or omissions that arise on or before the earlier of the Termination Date or the Expiration Date. The City's indemnity hereunder is not and shall not be interpreted as an insuring agreement between or among the parties to this Agreement, but is in addition to and not limited by any insurance policy provided that said obligation shall not be greater than that permitted and shall be limited by the provisions of Section 768.28, Florida Statutes, or any successor statute thereto. Development Agreement ADOPTED 03/01101 Page 25 PINELLRS COUNTY rLA. OFF.REC,BK 11278 PQ SS9 8.03. Limitation of Indemnification. Notwithstanding anything to the contrary contained herein, with respect to the indemnificatioh obligations of the Developer (as set forth in Section 8.01) and the City (asset forth in Section 8.02), the following shall apply: 1. The indemnifying party shall not be responsible for damages that could have been, but were not, mitigated by the indemnified party; 2. The indemnifying party shall not be responsible for that portion of any damages caused by the negligent or willful acts or omissions of the indemnified party; and 3. There shall be no obligation to indemnify hereunder in the event that the indemnified party (1) shall have effected a settlement of any claim without the prior written consent of the indemnifying party, or (2) shall not have subrogated the indemnifying party to the indemnified party's rights against any third party by an assignment to the indemnifying party of any cause or action against such third party. ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER.. 9.01. Representations and Warranties. The Developer represents and warrants to the City that each of the following statements is currently true and accurate and agrees the City may rely upon each of the following statements: 1. The Developer is a Florida Limited Liability Company duly organized and validly existing under the laws of the State of Florida, has all requisite power and authority to carry on its business as now conducted, to own or hold its properties and to enter into and perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party, is qualified to do business in the State of Florida, and has consented to service of process upon a designated agent for service of process in the State of Florida. 2. This Agreement and, to the extent such documents .presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the Developer, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof: (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, Development Agreement ADOPTED 03/01/01 Page 26 PINELLRS COUNTY FLR, OFF , REC , BK 11278 PQ ego (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the Developer, (iii) contravenes or results in any breach of, default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the Developer under any indenture, mortgage, deed of trust, bank loan or credit agreement, the Developer's Articles of Incorporation, or, any other agreement or instrument to which the Developer is a party or by which the Developer may be bound. 3. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party constitutes, or when entered into will constitute, a legal, valid and binding obligation of the Developer enforceable against the Developer in accordance with the terms thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. 4. There are no pending or, to the knowledge of the Developer threatened actions or proceedings before any court or administrative agency against the Developer, or against any controlling shareholder, officer, employee or agent of the Developer which question the validity of this Agreement or any document contemplated hereunder, or which are likely in any case, or in the aggregate, to materially adversely affect the consummation of the transactions contemplated hereunder or the financial condition of the Developer. 5. The Developer has filed or caused to be filed all federal, state, local and foreign tax returns, if any, which were required to be filed by the Developer and has paid, or caused to be paid, all taxes shown to be due and payable on such returns or on any assessments levied against the Developer. 6. All financial information and other documentation, including that pertaining to the Project or the Developer, delivered by the Developer to the City was, on the date of delivery thereof, true and correct. 7. The principal place of business and principal executive offices of the Developer is in Dunedin, Florida, and the Developer will keep records concerning the Project (such as construction contracts, financing documents and corporate documents) and all contracts, licenses and similar rights relating thereto at an office in Pinellas or Hillsborough Counties. Development Agreement ADOPTED 03/01/01 Page 27 PINELLRS COUNTY FLR. OFF , REC , 8K 1127S PG 891 8. As of the Effective Date, the Developer will have the financial capability to carry out its obligations and responsibilities in connection with the development of the Project as contemplated by this Agreement. 9. - The Developer has the experience, expertise, and capability to develop, cause the construction, and complete the Project and, oversee and manage the design, planning, construction, completion and opening for business of the Project. 9.02. Covenants. The Developer covenants with the City that until the earlier of the Termination Date or the Expiration Date: 1. The Developer shall timely perform or cause to be performed all of the obligations contained herein which are the responsibility of the Developer to perform. 2. During each year that this Agreement and the obligations of the Developer under this Agreement shall be in effect, the Developer shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals and shall cause to occur those events contemplated by this. Agreement that are applicable to, and that are the responsibility of, the Developer. 3. The Developer shall assist and cooperate with the City to accomplish the development of the Project by the Developer in accordance with the Plan and Specifications, and this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts or agreements that are or will be applicable thereto. 4. Subsequent to the Effective Date, the Developer shall maintain its financial capability to develop, construct and complete the Project and shall promptly notify the City of any event, condition, occurrence, or change in its financial condition which adversely affects, or with the passage of time is likely to adversely affect, the Developer's financial capability to successfully and completely develop, construct and complete the Project as contemplated hereby. 5. The Developer shall promptly cause to be filed when due all federal, state, local and foreign tax returns required to be filed by it, and shall promptly pay when due any tax required thereby. 6. Subject to Section 18.01, the Developer shall maintain its existence, will not dissolve or substantially dissolve all of its assets and will not consolidate with Development Agreement ADOPTED 03/01/01 Page 28 P INELLPS COUNTY FLR . OFF,REC,BK 11276 Pa 692 or merge into another corporation, limited partnership, or other entity or permit one or more other corporations or other entity to consolidate with or merge into it without the prior approval of the City unless the Developer retains a controlling interest in the consolidated or merged corporation, and will promptly notify the City of any changes to the existence or form of the corporation or any change in the controlling shareholders, officers or directors of the Developer. 7. Other than sales and assignments contemplated by this Agreement, the Developer shall not sell, lease, transfer or otherwise dispose of all or substantially all its assets without adequate consideration and will otherwise take no action which shall have the effect, singularly or in the aggregate, of rendering the Developer unable to continue to observe and perform the covenants, agreements, and conditions hereof and the performance of all other obligations required by this Agreement. 8. Except for the removal of any structures, plants, items or other things from the Project Site necessary for construction of the Project to commence and continue, the Developer shall not permit, commit, or suffer any waste or impairment of the Project or the Project Site prior to the Completion Date. 9. Provided all conditions precedent thereto have been satisfied or waived as provided herein, the Developer shall acquire the Controlled Property as provided in Article 5 hereof and shall pay the Purchase Price, as the case may be, when due and payable as provided therein. 10. Provided all conditions precedent thereto have been satisfied or waived as provided herein, the Developer shall design, construct and complete the Project such that it is substantially complete as provided in this Agreement no later than the Project Completion Date. ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY. 10.01. Representations and Warranties. The City represents and warrants to the Developer that each of the following statements is currently true and accurate and agrees that the Developer may rely on each of the following statements: The City is a validly existing body corporate and politic of the State of Florida, has all requisite corporate power and authority to carry on its business as now conducted and to perform its obligations hereunder and under each Development Agreement ADOPTED 03/01/01 Page 29 PINELSS RECLEK 101276YPOLpe93 OFF document or instrument contemplated by this Agreement to which it is or will be a party. 2. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the City is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the City, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the City, (iii) contravenes or results in any breach of, or default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the City under any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or instrument to which the City is a party, specifically including any covenants of any bonds, notes, or other forms of indebtedness of the City outstanding on the Effective Date. 3. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the City is or will be a party constitute, orwhen entered into will constitute, legal, valid and binding obligations of the City enforceable against the City in accordance with the terms thereof, except as such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. 10.02. Covenants. The City covenants with the Developer that until the earlier of the Termination Date or the Expiration Date: 1. The City shall timely perform, or cause to be performed, all of the obligations contained herein which are. the responsibility of the City to perform. 2. During each year that this Agreement and the obligations of the 'City under this Agreement shall be in effect, the City shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals, and shall cause to occurthose events contemplated by this Agreement that are applicable to and are the responsibility of the City. Development Agreement ADOPTED 03/01/01 Page 30 PINELLRS COUNTY FLR OFF •, REC , 8K 11278 PO 894 3. The City shall assist and cooperate with the Developer to accomplish the development of the Project in accordance with this Agreement and the Plans and Specifications, will carry out its duties and responsibilities contemplated by this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts, or agreements that are or will be applicable thereto, and, to the extent permitted by law, the City will not enact or adopt or urge or encourage the adoption of any ordinances, resolutions, rules regulations or orders or approve or enter into any contracts or agreements, including issuing any bonds, notes, or other forms of indebtedness, that will result in any provision of this Agreement to be in violation thereof. 4. Except for the demolition of existing structures on the Project Site and the removal of objects from the Project Site as contemplated by this Agreement, the City shall not permit, commit, or suffer any waste or impairment to the Project Site, nor shall the City request or recommend any rezoning of the Project Site, or any part thereof, which will prevent or adversely affect the development of the Project. 5. The City shall maintain its financial capability to carry out its responsibilities as contemplated by this Agreement and shall notify the Developer of any event, condition, occurrence, or change in its financial condition which adversely affects, or with the passage of time is likely to adversely affect, the City's financial capability to carry out its responsibilities contemplated hereby. ARTICLE 11. CONDITIONS PRECEDENT. 11.01. The Developer Acquiring Project Site. Unless this Agreement has been terminated pursuant to Article 12 hereof, the obligation of the Developer to acquire the Project Site is subject to the fulfillment to the satisfaction of, or waiver in writing by, the Developer of each of the following conditions precedent: The Developer shall have received evidence satisfactory to the Developer that the Project Site permits the uses contemplated in this Agreement. 2. The Plans and Specifications as are required for issuance of the Building Permit required to commence construction of the Project shall have been approved by the City in accordance with applicable ordinances, land use regulations, building codes and other regulations of the City. 3. The Developer shall have obtained commitments from the Project Construction Lender as provided in Article 6 hereof. Development Agreement ADOPTED 03/01/01 s Page 31 pINELPS RECLAK Co Y 112 P0 OFF . 4. The City shall have closed and vacated any streets, alleys or other public rights -of -way as may be necessary for the construction and use of the Project Site according to the Plan and Specifications, this Agreement and approved by resolution the abandonment of all such rights -of -way in favor of the Developer, provided however that the abandonment will not be effective unless and until the Construction Financing Commitment is obtained from the Developer as required by Article 6 herein. 5. All Permits and the Building Permit necessary for construction of the Project to commence shall have been issued. 11.02. Construction of Project. Subject to termination of this Agreement pursuant to Article 12, the obligation of the Developer to commence construction of the Project on the Commencement Date is subject to the fulfillment to the satisfaction of, or waiver in writing by, the Developer of the following conditions: The Plans and Specifications that are necessary to commence construction shall have been approved by the City, and the initial Building Permit for the commencement of construction of that part of the Project and all other Permits necessary for construction to commence have been issued. 2. The vacation of rights -of -way as provided in Section 5.04(1) hereof. 11.03. Responsibilities of the Parties for Conditions Precedent. The parties hereto shall not, individually or collectively, knowingly, intentionally or negligently prevent any condition precedent from occurring; provided, however, nothing in this Section is intended or shall be deemed to deny any party the right to reasonably exercise its discretion to the extent permitted by law or this Agreement. ARTICLE 12. DEFAULT; TERMINATION. 12.01. Project Default by the Developer. There shall be an "event of default" by the Developer pertaining to the entire Project upon the occurrence of any one or more of the following: a. The Developer shall fail to perform or comply with any material provision of this Agreement applicable to it within the time prescribed therefor, after receipt of a notice from the City pursuant to Paragraph 12.02(2)(a); or b. The Developer shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts as they Development Agreement ADOPTED 03/01/01 Page 32 1.0 PINELLRS COUNTY FLP, OFF,REC,BK 11278 PG 896 become due or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation or shall file an answer admitting, or shall fail reasonably to contest, the material allegations of a petition filed against it in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of the Developer or any material part of such entity's properties; or C. Within sixty (60) days after the commencement of any proceeding by or against the Developer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed or otherwise terminated, or if, within sixty (60) days after the appointment without the consent or acquiescence of the Developer of any trustee, receiver or liquidator of any of such entities or of any material part of any of such entity's properties, such appointment shall not have been vacated; or 2. a. If an event of default by the Developer described in subsection (1) above shall occur, the City shall provide written notice thereof to the Developer, and, if such event of default shall not be cured by the Developerwithin thirty (30) days after receipt of the written notice from the City specifying in reasonable detail the event of default by the Developer, or if such event of default is of such nature that it cannot be completely cured within such time period, then if the Developer shall not have commenced to cure such default within such thirty (30) day period and shall not diligently prosecute such cure to completion within such reasonable longer period of time as may be necessary (provided, however, if the Developer is proceeding diligently and in good faith, the curative period shall be extended for a period of not exceeding six (6) months without any approval or consent of the City being required, but such approval will be required if the curative period is to be extended beyond six (6) months (after the notice of default has been given by , the City to the Developer and such extended curative period may be ended by the City electing to do so upon any Project Lender finding the Developer to be in default of any Project Financing and the curative period therefor has expired without such event of default being cured) then, in addition to any remedy available under Section 12.05, the City may terminate this Agreement or pursue any and all legal or equitable remedies to which the City is entitled, provided, however, if the Developer shall fail to cure such Development Agreement ADOPTED 03/01/01 Page 33 PINELLRS COUNTY FLR, OFF , REC , BK 11278 PG 857., event of default within said thirty (30) day or longer period or ceases to proceed diligently to timely cure such event of default, then the City may proceed to enforce other available remedies without providing any additional notice to the Developer. b. Any attempt by the City to pursue any of the above referenced remedies will not be deemed an exclusive election of remedy or waiver of the City's right to pursue any other remedy to which either may be entitled. C. Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or City's ability to perform by such deadline or the expiration of such period. 3. Subject to the rights of the Project Lender, if the City elects under Section 6.03 to cure a default under Subsection 12.01(1) by the Developer, construction contracts, contract documents, building permits, development permits, management agreements, and financial commitments (all only to the extent assignable) with respect to the Project shall, if such default has not been previously cured, on the day following receipt by the Developer of notice from the City of its election to cure under Section 6.03, be deemed then assigned to the City making said election, without necessity of any other action being taken or not taken by any party hereto. The Developer shall transfer and deliver to the City upon making said election, all assignable Plans and Specifications, working drawings, construction contracts, contract documents, financial commitments, management agreements, and all Permits, and, at the direction of the City, the defaulting the Developer shall vacate the Parcel(s). 4. Notwithstanding any provision of this Section, a default by the Developer shall not affect the title of any condominium unit or common area conveyed by the Developerto an unrelated third party orto a condominium association which is not controlled by the Developer. 12.02. Default by the City. 1. Provided the Developer is not then in default under Section 12.01, there shall be an "event of default" by the City under this Agreement in the event the City shall fail to perform or comply with any material provision of this Agreement applicable to it; provided, however, that suspension of or delay in performance by the City during any period in which the Developer is in Development Agreement ADOPTED 03/01/01 ...p Page 34 PINELLAS COUNTY FLP, OFF,REC,BK 11278 PQ 898 default of this Agreement as provided in Section 12.01 hereof will not constitute an event of default by the City under this Subsection 12.02. 2. a. If an event of default by the City described in Subsection 12.02(1) shall occur, the Developer shall provide written notice thereof to the City, and, after expiration of the curative period described in paragraph (b) below, may terminate this Agreement, institute an action to compel specific performance of the terms hereof by the City or pursue any and all legal or equitable remedies to which the Developer is entitled; provided, however, if the event of default by the City occurs, any monetary recovery by the Developer in any such action shall be limited to bona fide third -party out of- pocket costs and expenses, including reasonable attorneys' fees, incurred by the Developer in connection with this Agreement and the transactions contemplated hereby, unless any such default by the City was willful and committed in bad faith with reckless disregard for the rights of the Developer. b. The Developer may not terminate this Agreement or institute an action described in paragraph (2a) above if the City cures such event of default within thirty (30) days after receipt by the City of written notice from the Developer specifying in reasonable detail the event of default by the City, or if any such event of default is of such nature that it cannot be completely cured within such period, then within such reasonably longer period of time as may be necessary to cure such default, provided however, if the City is proceeding diligently and in good faith, the curative period shall be extended for a-period of not exceeding six (6) months without any approval or consent of the Developer being required, but such approval will be required if the curative period is to be extended beyond six (6) months after the notice of default has been given by the Developer to the City if the City has commenced to cure such default within such thirty (30) day period and is diligently prosecuting such curative action to completion. The City shall within said thirty (30) day period or such longer period promptly, diligently and in good faith proceed to cure such event of default after receipt of the notice from the Developer and shall succeed in curing such event of default within said period of time, provided, however, if the City shall fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed diligently to timely cure such event of default, then the Developer may proceed with its available remedies without providing any additional notice to the City. Development Agreement ADOPTED 03/01/01 „) Page 35 PINELLPS COUNTY rLR. OFF.REC.BK 1127B PO 899 C. Any attempt by the Developer to pursue any of the remedies referred to in paragraphs (a) and (b) above will not be deemed an exclusive election of remedy or waiver of the Developer's right to pursue any other remedy to which it might be entitled. d. Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or City's ability to perform by such deadline or the expiration of such period. 12.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the contrary, the specified rights and remedies to which either the City or the Developer are entitled under this Agreement are not exclusive and are intended to be in addition to any other remedies or means of redress to which the City or the Developer may lawfully be entitled and are not specifically prohibited by this Agreement. The suspension of, or delay in, the performance of its obligations by the Developer while the City shall at such time be in default of their obligations hereunder shall not be deemed to be an "event of default." The suspension of, or delay in, the performance of the obligations by the City while the Developer shall at such time be in default of its obligations hereunder shall not be deemed to be an "event of default" by the City. 12.04. Non - Action on Failure to Observe Provisions of this Agreement. The failure of the City or the Developer to promptly or continually insist upon strict performance of any term, covenant, condition or provision of this Agreement, or any Exhibit - hereto, or any other agreement, instrument or document of whatever form or nature contemplated hereby shall not be deemed a waiver of any right or remedy that the City or the Developer may have, and shall not be deemed a waiver of a subsequent default or nonperformance of such term, covenant, condition or provision. 12.05. Termination. 1. The Developer and the City acknowledge and agree that as of the Effective Date certain matters mutually agreed by the parties hereto to be essential to the successful development of the Project have not been satisfied or are subject to certain conditions, legal requirements or approvals beyond the control of any of the parties hereto or which cannot be definitely resolved under this Agreement, including, but not limited to, failure of a governmental authority to grant an approval required for development of the Project or insurable title to the Project Site has not been obtained. In recognition of these events or conditions, the parties hereto mutually agree that, provided the appropriate or responsible party therefor diligently and in good faith seeks to the fullest extent of its capabilities to cause such event or condition Development Agreement ADOPTED 03/01/01 Page 36 PINELLRS COUNTY FLR, OFF,REC,8K 11278 PS 900 to occur or be satisfied, the failure of the events or. conditions listed in subsection (2) below to occur or be satisfied shall not constitute an event of default by any party under this Article 12, but may, upon the election of any party hereto, be the basis for a termination of this Agreement in accordance with this Section. 2. In addition to any other rights of termination provided elsewhere in this Agreement, this Agreement may be terminated as provided in subsection (3) of this section by the City or the Developer after the occurrence of any of the following events or conditions (except for subsection (b), in which event only the Developer may terminate this Agreement pursuant to this subsection (2)): a. The appropriate governmental authority (including the City in exercise of its governmental and regulatory authority and responsibility), upon petition by the Developer denies or fails to: issue the necessary order or other action necessary, vacate right -of -way as described in Section 5.03, issue the Permits, issue the Building Permits, or approve any other land use necessary to commence construction of the Project on the Project Site, provided the Developer has proceeded diligently, expeditiously and in good faith to obtain such approval, permits or other necessary actions; b. A previously unknown site condition is subsequently discovered and that condition prevents successful development of the Project, or part of the Project on the Project Site, or part of the Project Site (in which case only the Developer at his option can terminate the Project as not feasible). 3. Upon the occurrence of an event described in subsection (2) or in the event that the Developer or the City, after diligently and in good faith to the fullest extent its capabilities, is unable to cause a condition precedent to its respective obligations to occur or be satisfied, then the Developer or the City may elect to terminate this Agreement by giving a notice to the other party hereto within thirty (30) days of the occurrence of such event or the determination of inability to cause a condition precedent to occur or be satisfied, stating its election to terminate this Agreement as a result thereof, in which case this Agreement shall then terminate. 4. In the event of a termination pursuant to this Section 12.05, neither the Developer nor the City shall be obligated or liable one to the other in any way, financially or otherwise, for any claim or matter arising from or as a result of this Agreement or any actions taken by the Developer and the City, or any of them, hereunder or contemplated hereby, and each party shall be Development Agreement ADOPTED 03/01/01 Page 37 PINELLPS COUNTY rLS. OFF.REC.BK 11278 PG Sol responsible for its own costs, however, the provisions of Sections 9.01 and 10.01 shall apply and shall survive termination of this Agreement, the provisions of this Subsection 12.05(4) to the contrary notwithstanding. 12.06. Termination Certificate. In the event of a termination of this Agreement for any reason prior to the Expiration Date, each of the parties hereto do covenant and agree with each other to promptly execute a certificate prepared by the party electing to terminate this Agreement, which certificate shall expressly state that this Agreement has been terminated in accordance with its terms, is no longer of any force and effect except for those provisions hereof which expressly survive termination, that the rights, duties and obligations of the parties hereto have been terminated and released (subject to those surviving provisions hereof) and that the Project Site is no longer subject to any restrictions, limitations or encumbrances imposed by this Agreement. 2. The certificate described in Subsection (1) shall be prepared in a form suitable for recording and promptly after execution by all of the parties hereto shall be recorded in the public records of Pinellas County, Florida. ARTICLE 13. RIGHT TO CONTEST. 13.01. Right to Contest. Subject to the conditions set forth in Section 13.02 below, the City or the Developer each may, at its sole discretion and expense, after prior written notice to the other parties hereto, contest by appropriate action or proceeding conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any lien, any payment of any taxes, assessments, impact fees or other public charges of a similar nature that may from time to time be levied upon or assessed by any appropriate governmental authority against the Developer, the Project (or any part thereof), the Project Site, furniture, fixtures, equipment or other personal property thereon, and the revenues generated from the use or operation of any or all of the above, any other payment specifically identified in this Agreement, or compliance with any law, rule, regulation, or other such legal requirement. 13.02. Conditions. The right to contest any charge, payment or requirement pursuant to Section 13.01 is subject to the following: 1. Such proceeding shall suspend the execution -or enforcement of such charge, payment or requirement; Development Agreement ADOPTED 03/01/01 Page 38 PINELLAS COUNTY FLA. OFF , REC , 8K 11278 PO 902 2. Such proceeding will not create any risk of impairment-of the acquisition or preparation of the Project Site, the construction, completion, operation or use of the Project, the Project Site, or any part thereof, in any material respect, and neither the Project or Project Site, nor any part of the Project or the Project Site, would be subject to any risk of being involuntarily sold, forfeited or lost or the acquisition of the Project Site or the construction, equipping, or completion of the Project or any part thereof be delayed or prohibited; 3. Such proceeding will not subject any other party to criminal liability or risk of material civil liability for failure to comply therewith, or involve risk of any material claim against such party; and 4. The party seeking the benefit of this Article shall have furnished to the other parties such security, if any, as may be required in such proceeding or as may be reasonably requested by the others, to protect the Project and the Project Site, and any part thereof, and any interest of such parties hereunder. ARTICLE 14. ARBITRATION 14.01. Agreement to Arbitrate. Only as specifically provided in this Agreement and only if any judicial or administrative action or proceeding has not been commenced with regard to the same matter and, if so, the party hereto commencing such action has not dismissed it, any disagreement or dispute between the parties may be arbitrated in the manner set forth in this Article 14. All parties hereby agree such arbitration, once commenced, shall be the exclusive procedure for resolving such disagreement or dispute and agree to be bound by the result of any such arbitration proceeding unless all parties mutually agree to terminate such proceeding prior to decision. If any arbitration proceeding under this part adversely affects the performance of any party hereunder, then any time periods provided herein for such performance by that party shall be tolled during the pendency of the arbitration proceeding affecting such performance. 14.02. Appointment of Arbitrators. a. Unless accelerated arbitration as provided in Section 14.08 hereof is invoked, any party invoking arbitration herewith shall, within five (5) days after giving notice of impasse in the dispute resolution process or upon following the expiration of the time period for such dispute resolution occurrence of the event permitting arbitration to be invoked, give written notice to that effect to the other parties, and shall in such notice appoint a disinterested person who is on the list of qualified arbitrators maintained by the American Arbitration Association or a Development Agreement ADOPTED 03/01/01 Page 39 PINELLAS COUNTY FLA. OFF.REC,BK 11278 PO 903 disinterested person not on such list to whom. an objection is not made by any other party hereto within five (5) days of receipt of the notice of such appointment as the arbitrator or, if more than one (1) arbitrator is to be appointed, as one of the arbitrators. b. Within ten (10) days after receipt of the notice described in paragraph (1), the other parties shall by written notice to the original party acknowledge that arbitration has been invoked as permitted by this Agreement, and shall either accept and approve the appointment of such individual set forth in the original notice as a sole arbitrator or shall appoint one (1) disinterested person per party of recognized competence in such field as an arbitrator. 2. a. If two (2) arbitrators are appointed pursuant to subsection (a) above, the arbitrators thus appointed shall appoint a third disinterested .person who is on the list of qualified arbitrators maintained by the American Arbitration Association, and such three (3) arbitrators shall as promptly as possible determine such matter. b. If the second arbitrator shall not have been appointed as provided in subsection (a), the first arbitrator shall, after ten (10) days notice to the parties, proceed to determine such matter. C. If the two (2) arbitrators appointed by the parties pursuant to subsection (a) shall be unable to agree within fifteen (15) days after the appointment of the second arbitrator upon the appointment of a third arbitrator, they shall give written notice of such failure to agree to the parties, and, if the parties then fail to agree upon the selection of such third arbitrator within fifteen (15) days thereafter, then within ten (10) days thereafter each of the parties upon written notice to the other parties hereto may request the appointment of a third arbitrator by the office in or for the State of Florida (or if more than one office, the office located closest to the City) of the American Arbitration Association (or any successor organization thereto), or, in its absence, refusal, failure or inability to act, request such appointment of such arbitrator by the United States District Court for the Middle District of Florida (which request shall be filed in the division of that court responsible for the geographic area including the City), or as otherwise provided in Chapter 682, Florida Statutes, known and referred to as the Florida Arbitration Act, as amended. 14.03. General Procedures. In any arbitration proceeding under this part, those parties appointing arbitrators shall each be fully entitled to present evidence and argument Development Agreement ADOPTED 03/01/01 Page 40 P INELLRS COUNTY FLR , OFF , REC , BK 1127e P!3 SO4 to the sole arbitrator or panel of arbitrators. The arbitrator or panel of arbitrators shall only interpret and apply the terms of this Agreement and may not change any such terms, or deprive any party to this Agreement of any right or remedy expressed or implied in this Agreement, or award any damages or other compensation to any party hereto. The arbitration proceedings shall follow the rules and procedures of the American Arbitration Association (or any successor organization thereto) unless specifically modified by this Agreement, or as then agreed to by the parties hereto. 14.04. Majority Rule. In any arbitration proceeding under this part, the determination of the majority of the panel of arbitrators, or of the sole arbitrator if only one (1) arbitrator is used, shall be conclusive upon the parties and judgment upon the same may be entered in any court having jurisdiction thereof. The arbitrator or panel of arbitrators shall give written notice to the parties stating his or their determination within thirty (30) days after the conclusion of the hearing or final submission of all evidence or argument. 14.05. Replacement of Arbitrator. In the event of the failure, refusal or inability of any arbitrator to serve as such, promptly upon such determination being made by the affected arbitrator, the affected arbitrator shall give notice to the other two (2) arbitrators (if applicable) and to the parties hereto, and then a new arbitrator shall be promptly appointed as a replacement, which appointment shall be made by the party or the arbitrators who appointed the affected arbitrator in the same manner as provided for in the original appointment of the affected arbitrator in Section 14.02 hereof. 14.06. Decision of Arbitrators. 1. If any decision reached by arbitration as provided in this part requires performance by the Developer, the Developer covenants and agrees to comply with any decision of the arbitrator(s) promptly after the date of receipt by the Developer of such decision, and to continue such performance to completion with due diligence and in good faith. 2. If any such decision requires performance by the City, the City covenants and agrees to comply promptly with any decision reached by arbitrators) promptly after the date of receipt by the City of such decision, and to continue such performance to completion with due diligence and in good faith. 3. Nothing in this part, nor in any arbitration decision rendered under this part, shall be construed to require any payment by the City to the Developer not otherwise provided for herein. Development Agreement ADOPTED 03/01/01 Page 41 P INELLRS COUNTY FLR , OFF,REC,BK 11275 PO 905 14.07. Expense of Arbitration. The expenses of any arbitration proceeding pursuant to this part shall be borne equally by the parties to such proceeding, provided, however, for the purpose of this Section 14.07, "expenses" shall-include the fees and expenses of the arbitrators and the American Arbitration Association with respect to such proceeding, but shall not include attomeys' fees or expert witness fees, or any costs incurred by attorneys or expert witnesses, unless (and to the extent) agreed to by the parties to such proceeding, which in the absence of such Agreement shall be the responsibility of the party incurring such fees or costs. 14.08. Accelerated Arbitration. 1. a. If any of the parties to any arbitration proceeding under this part determines the matter for arbitration should be decided on an expedited basis, then after an initial election to invoke arbitration pursuant to Section 14.02 hereof has been made, either party to such proceeding may invoke accelerated arbitration by giving notice thereof to the other parties no later than three (3) days after arbitration has been initially invoked and the other parties do not object within three (3) days thereafter. b. Accelerated arbitration, for purposes of this Section 14.08, shall be accomplished by either party notifying the American Arbitration Association (or any successor organization thereto) that the parties have agreed to a single arbitrator, qualified to decide the matter for arbitration, to be appointed by the American Arbitration Association (or any successor organization thereto) with the consent of the parties to such proceeding within three (3) days after receipt of the request and to decide such matter within five (5) days after such appointment. C. If an arbitrator is not so appointed with consent of the parties to the proceeding within three (3) days after the notice referred to in paragraph (2) is received by the American Arbitration Association, the accelerated proceeding under this Section 14.08 shall terminate and the procedures otherwise set forth in this Article 14 shall apply, unless the parties mutually agree to an extension of such time period. 2. The Developer and the City hereby agree to use such accelerated procedure only when reasonably necessary, to not contest the appointment of the arbitrator or his or her decision except as may be permitted by law, and that all other provisions of this part, except as are in conflict with this Section 14.08, remain in effect and applicable to an accelerated arbitration proceeding. Development Agreement ADOPTED 03/01/01 �:t Page 42 PINELLPS COUNTY FLR, OFF,REC,BK 11278 PO SOS 14.09. Applicable Law. To the extent not inconsistent with this article, any arbitration proceeding under this article shall be governed by the provisions of Chapter 682, Florida Statutes, as amended, known and referred to as the Florida Arbitration Code. 14.10. Arbitration Proceedings and Records. Any arbitration hearing under this article shall be considered a meeting subject to Section 286.011, Florida Statutes, and shall be open to any member of the public. Unless otherwise rendered confidential pursuant to or by the operation of any applicable law or order (other than an order by a sole arbitrator or panel of arbitrators acting under this part), the record of such proceedings shall be a public record under Chapter 119, Florida Statutes. ARTICLE 15. UNAVOIDABLE DELAY. 15.01. Unavoidable Delay. 1. Any delay in performance of or inability to perform any obligation under this Agreement (other than an obligation to pay money) due to any event or condition described in paragraph (b) as an event of "Unavoidable Delay" shall be excused in the manner provided in this Section 15.01. 2. "Unavoidable Delay" means any of the following events or conditions or any combination thereof: acts of God, litigation which has the effect of precluding reasonable satisfaction of the obligations of this Agreement, acts of the public enemy, riot, insurrection, war, pestilence, archaeological excavations required by law, unavailability of materials after timely ordering of same, epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and excessively inclement weather (as indicated by the records of the local weather bureau for a five -year period preceding the Effective Date), strikes or labor disturbances, delays due to proceedings under Chapters 73 and 74, Florida Statutes, restoration in connection with any of the foregoing or any other cause beyond the reasonable control of the party performing the obligation in question, including, without limitation, such causes as may arise from the act of the other party to this Agreement, or acts of any governmental authority (except that acts of the City shall not constitute an Unavoidable Delay with respect to performance by the City). 3. An application by any party hereto (referred to in this paragraph (c) and in paragraph (d) as the "Applicant ") for an extension of time pursuant to this subsection must be in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other party to this Agreement within seven (7) days following the occurrence of the event or condition causing the Unavoidable Delay or seven (7) days following the Applicant Development Agreement ADOPTED 03/01/01 Page 43 PINELLAS COUNTY F`LA, OFF,REC,8K 11278 PO 907`- becoming aware (or with the exercise of reasonable diligence should have become aware) of such occurrence. 4. The Applicant shall be entitled to an extension of time for an Unavoidable Delay only for the number of days of delay due solely to the occurrence of the event or condition causing such Unavoidable Delay and only to the extent that any such occurrence actually delays that party from proceeding with its rights, duties and obligations under this Agreement affected by such occurrence. ARTICLE 16. RESTRICTIONS ON USE. 16.01. Project Prior to the earlier of the Termination Date or the Expiration Date, no use of the Project, other than as described in Section 2.03, shall be permitted, other than the operation of improvements existing on the Effective Date until those improvements are demolished, unless and until the Developer orthe person, if other than the Developer, intending to so use the Project or Project Site, shall file with the City a request for a release from the restriction imposed by this Section. The Governing Body of the City shall promptly consider such request and either deny the request, approve the request as filed, or approve the request subject to such terms, conditions and limitations as the City may reasonably require. Unless specifically requested and approved, a release of the restriction imposed by this Section shall not release the Developer from any obligations or restrictions imposed by this Agreement or any agreement, instrument or document contemplated hereby. ARTICLE 17. FIRE OR OTHER CASUALTY; CONDEMNATION. 17.01. Loss or Damage to Project 1. Until the Project Completion Date, and without regard to the extent or availability of any insurance proceeds, the Developer covenants and agrees to diligently commence and complete the reconstruction or repair of any loss or damage caused by fire or other casualty or by eminent domain (provided the City is not the condemning authority) to each and every part of the Project on a Parcel which it owns to substantially the same size, floor area, cubic content and general appearance as existed prior to the occurrence of such loss or damage, promptly after the City approves the Plans and Specifications for such reconstruction or repairs. 2. The City shall review the Plans and Specifications for such reconstruction or repairs as soon as possible after filing thereof by the Developer: The City agrees to approve the Plans and Specifications for such reconstruction or repairs if the reconstruction or repairs contemplated by such Plans and Development Agreement ADOPTED 03/01/01 Page 44 PINELLAS COUNTY FLR OFF,REC.BK 11278 PO 908 Specifications will restore the Project, or the damaged portion thereof, to substantially the same condition as existed prior to the occurrence of such loss or damage and if such Plans and Specifications conform to the applicable laws, ordinances, codes, and regulations in effect at the time of filing with the City of the plans and specifications for such reconstruction or repairs. 17.02. Partial Loss or Damage to Project. Until the Project Completion Date, any loss or damage by fire or other casualty or exercise of eminent domain to the Project or Project Site, or any portion thereof, which does not render the Project or Project Site unusable for the use contemplated by Section 2.03 of this Agreement, shall not operate to terminate this Agreement or to relieve or discharge the Developer from the timely performance and fulfillment of the Developer's obligations pursuant to this Agreement, subject to an extension of time for an Unavoidable Delay. 17.03. Project Insurance Proceeds. 1. Whenever the Project, or any part thereof, shall have been damaged or destroyed, the Developer shall promptly make proof of loss and shall proceed promptly to collect, or cause to be collected, all valid claims which may have arisen against insurers or others based upon such damage or destruction. 2. Subject to the rights of a Project Lender, the Developer agrees that all proceeds of property or casualty insurance received by the Developer as a result of such loss or damage shall be available and shall be used for payment of the costs of the reconstruction or repair of the Project to the extent necessary to repair or reconstruct the Project. 17.04. Notice of Loss or Damage to Project. The Developer shall promptly give the City written notice of any significant damage or destruction to the Project stating the date on which such damage or destruction occurred, the expectations of the Developer as to the effect of such damage or destruction on the use of the Project, and the proposed schedule, if any, for repair or reconstruction of the Project. 17.05. Condemnation of Project or Project Site; Application of Proceeds. In the event that part, but not all, of the Project or Project Site, or both, shall be taken by the exercise of the power of eminent domain at any time before the Expiration Date, subject to the rights of a Project Lender, the compensation awarded to and received by the Developer shall be applied first to the restoration of the Project, provided the Project can be restored and be commercially feasible for its intended use as contemplated by Section 2.03(1) of this Agreement after the taking, and, if not, can be retained by the Developer. Development Agreement ADOPTED 03/01/01 Page 45 P INELLRS COUNTY OFF , REC , 8K 11278 PO 909 ARTICLE 18. MISCELLANEOUS 18.01. Assignments. 1 By the Developer. a. 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 consent of the City, which consent is hereby granted for assignment to Bella Vista Seashell Resort, L.L.C., 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. b. 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 hereunderwhich have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. C. An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, general partnership, or joint venture, in which the Developer is the or a general partner or has either the controlling interest or through a joint venture or other arrangement shares equal management rights with a financial institution 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 Section 18.01, 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. d. No assignee, purchaser, sublessee or acquire 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 Development Agreement ADOPTED 03/01/01 Page 46 PINELLRS COUNTY FLR, OFF,REC,BK 11278 PQ 910 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. 2. City's Right to Assign Rights. The Developer agrees that the City shall have the unqualified right to assign its rights under Section 5.04 and 6.03 of this Agreement to any person, subject only to applicable laws in regard to the disposition of an-interest in real property. 18.02. 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 its successors and assigns, except as may otherwise be specifically provided herein. 18.03. Notices. All notices, demands, requests for approvals or other communications given by either party to another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return receipt requested or by courier service, or by hand delivery to the office for each party indicated below and addressed as follows: To the Developer: Clearwater Seashell Resort, LC 748 Broadway, Suite 202 Dunedin, FL 34698 Attn: Richard Gehring with copies to: William J. Kimpton, Esquire 28059 U.S. Highway 19 North, #100 Clearwater, FL 33761 To the City: City of Clearwater 112S. Osceola Avenue Clearwater, FL 33756 with copies to: Pam Akins, Esquire Clearwater City Attorney 112 S. Osceola Avenue Clearwater, FL 33756 2. Notices given by courier service or by hand delivery shall be effective upon delivery and notices given by mail shall be effective on the third (3rd) business day after mailing. Refusal by any person to accept delivery of any notice delivered to the office at the address indicated above (or as it may be Development Agreement ADOPTED 03101101 Page 47 4 PINELLRS COUNTY FLR, OFF,REC,BK 11278 PQ 911 changed) shall be deemed to have been an effective delivery as provided in this Section 18.03. The addresses to which notices are to be sent may be changed from time to time by written notice delivered to the other parties and such notices shall be effective upon receipt. Until notice of change of address is received as to any particular party hereto, all other parties may rely upon the last address given. 18.04. Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. This Agreement has been negotiated by the City and the Developer and the Agreement, including, without limitation, the Exhibits, shall not be deemed to have been prepared by the City or the Developer, but by all equally. 18.05. Venue; Submission to Jurisdiction. 1. For purposes of any suit action, or other proceeding arising out of or relating to this Agreement, the parties hereto do acknowledge, consent, and agree that venue thereof is Pinellas County, Florida. 2. Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States District Court for the Middle District of Florida, for the purposes of any suit, action, or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. 3. If at any time during the term of this Agreement the Developer is not a resident of the State of Florida or has no office, employee, City or general partner thereof available for service of process as a resident of the State of Florida, or if any permitted assignee thereof shall be a foreign corporation, partnership or other entity or shall have no officer, employee, agent, or general partner available for service of process in the State of Florida, the Developer hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action between it and the City, or both, arising out of or relating to this Agreement and such service shall be made as provided by the laws of the State of Florida for service upon a non- resident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to the Developer at the address for notices as provided in 18.03. Development Agreement ADOPTED 03/01/01 < "4 Page 48 PINELLAS COUNTY FLR, .,r F . REC . 8K 11278 PO 912 18.06. Estoppel Certificates. The Developer and the City shall at any time and from time to time, upon not less than ten (10) days prior notice by another party hereto, execute, acknowledge and deliver to the other parties a statement in recordable form certifying that this Agreement has not been modified and is in full force and effect (or if there have been modifications that the said Agreement as modified is in full force and effect and setting forth a notation of such modifications), and that to the knowledge of such party, neither it nor any other party is then in default hereof (or if another party is then in default hereof, stating the nature and details of such default), it being intended that any such statement delivered pursuant to this Section 18.06 may be relied upon by any prospective purchaser, mortgagee, successor, assignee of any mortgage or assignee of the respective interest in the Project, if any, of any party made in accordance with the provisions of this Agreement. 18.07. Complete Agreement; Amendments. 1. This Agreement, and all the terms and provisions contained herein, including without limitation the Exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements, whether written or oral. 2. Any provision of this Agreement shall be read and applied in para materia with all other provisions hereof. 3. This Agreement cannot be changed or revised except by written amendment signed by all parties hereto. 18.08. Captions. The article and section headings and captions of this Agreement and the table of contents preceding this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any article, section, subsection, paragraph or provision hereof. 18.09. Holidays. It is hereby agreed and declared that whenever a notice or performance under the terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal holiday observed in the City, it shall be postponed to the next following business day. 18.10. Exhibits. Each Exhibit referred to and attached to this Agreement is an essential part of this Agreement. The Exhibits and any amendments or revisions thereto, even if not physically attached hereto shall be treated as if they are part of this Agreement. Development Agreement ADOPTED 03/01/01 Page 49 PINELLRS COUNTY PLP, OFF , REC', SK 1127e PC S13 18.11. No Brokers. The City and the Developer hereby represent, agree and acknowledge that no real estate broker or other person is entitled to claim or to be paid a commission as a result of the execution and delivery of this Agreement, including any of the Exhibits, or any proposed improvement, use, disposition, lease, conveyance or acquisition of any or all of the Project Site. 18.12. Not an Agent of City. During the term of this Agreement, the Developer hereunder shall not be an agent of the City with respect to any and all services to be performed by the Developer (and any of its agents, assigns, or successors) with respect to the Project. 18.13. Memorandum of Development Agreement The City and the Developer agree to execute, in recordable form, on the Effective Date, the short form "Memorandum of Agreement for Development and Disposition of Property" and agree, authorize and hereby direct such Memorandum to be recorded in the public records of Pinellas County, Florida, as soon as possible after execution thereof. The Developer shall pay the cost of such recording. 18.14. Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a proper exercise of the City's power and authority. 18.15. No General Obligation. In no event shall any obligation of the City under this Agreement be or constitute a general obligation or indebtedness of the City or the City, a pledge of the ad valorem taxing power of the City or the City or a general obligation or indebtedness of the City or the City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. Neither the Developer nor any other party under or beneficiary of this Agreement shall ever have the right to compel the exercise of the ad valorem taxing power of the City, the City or any other governmental entity or taxation in any form on any real or personal property to. pay the City's or the City's obligations or undertakings hereunder. 18.16. Other Requirements of State Law. Nothing in this Agreement shall be deemed to relieve either party from full compliance with any provision of State law which is applicable to any of the obligations or undertakings provided for in this Agreement. In the event that this Agreement omits an obligation to comply with any provision of State law in regard to any of the obligations or undertakings provided for in this Agreement, it is the intention of the parties that such applicable State law shall be deemed incorporated into this Agreement and made a part thereof. In the event that there is any conflict between the provisions of this Agreement and applicable State law, it is the intention of the parties that the Agreement shall be construed to incorporate such ;provisions of State law and that such provisions shall control. Development Agreement ADOPTED 03/01/01 Page 50 PINELLRS COUNTY rLA, )FF,REC.8K 11278 PG S14 18.17. Technical Amendments; Survey Corrections. In the event that due to minor inaccuracies contained herein or any Exhibit attached hereto or any other agreement contemplated hereby, or due to changes resulting from technical matters arising during the term of this Agreement, the parties agree that amendments to this Agreement required due to such inaccuracies, unforeseen events or circumstances which do not change the substance of this Agreement may be made and incorporated herein. The City Manager is authorized to approve such technical amendments on behalf of the City, respectively, and is authorized to execute any required instruments, to make and incorporate such amendment to this Agreement or any Exhibit attached hereto or any other agreement contemplated hereby. 18.18. Term; Expiration; Certificate. 1. If not earlier terminated as provided in Section 12.05, this Agreement shall expire and no longer be of any force and effect on the tenth anniversary of the Effective Date. 2. Upon completion of the term of this Agreement, all parties hereto shall execute the Agreement Expiration Certificate. The Agreement Expiration Certificate shall constitute (and it shall be so provided in the certificate) a conclusive determination of satisfactory completion of all obligations hereunder and the expiration of this Agreement. 3. In the event of any dispute as to whether any party is required to execute the Agreement Expiration Certificate, the dispute shall be resolved by arbitration as provided in Article 14. 4. The Agreement Expiration Certificate shall be in such form as will enable it to be recorded in the public records of Pinellas County, Florida. Following execution by all of the parties hereto, the Agreement Expiration Certificate shall promptly be recorded by the Developer in the public records of Pinellas County, Florida and the Developer shall pay the cost of such recording. 18.19. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their respective intent as of the Effective Date and do covenant and agree in the future that all approvals, consents, and reviews will be undertaken and completed as expeditiously as possible, in good faith, and will not be arbitrarily or unreasonably withheld, unless otherwise expressly authorized by the terms of this Agreement. 18.20. Effective Date. The Effective Date shall be the date of the last signature to this Agreement. Development Agreement ADOPTED 03/01/01 Page 51 PINELLAS COUNTY FLA. OFF . REC , 8K 11278 PO 915 IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of this 4'�`'day of 0\4-�c,b\, , 2001,. COUNTERSIGNED: Brian J.' X ngst Approved as to form: Pamela K. Akin City Attorney STATE OF FLORIDA COUNTY OF PINELLAS THE CITY OF CLEARWATER, FLORIDA Attest: William B. Home I1.- Interim City Manager 1 Cynt i E. Goudeau City rk The foregoing.instrurr�en was acknowledged before me this 13 day of YX4- �` 2001 by mow- r� and Br,4L*,Jr . n t , Mayor and -n City Clerk, respectively, for the City of Clearwater, Florida, on beha f of the City. Cvrdi'e GoUAeau By. 4; Signature of Notary Public My Commission Expires: Printed, typed or stamp NOTARY PUBLIC - STATE OF FLORIm4 CAROLYN L. BRINK COMMISSION s CC834678 EXPIRES 5r2212003 BONDED TNRU ASA 1.888- NOTARYI Development Agreement ADOPTED 03/01/01 Page 52 1 STATE OF FLORIDA COUNTY OF PINELLAS PINELLAS COUNTY FLR, OFF,REC,BK 11278 PG 916 CLEARWAT EASHELL RESORT, L.C. By William J. Kimpton Member The foregoing instrument was acknowledged before me this l�A-day of A10"'I 2001 by William J. Kimpton and Richard E. Gehring , as authorized Members of Clearwater Seashell Resort, L.C., a Florida limited liability company, on behalf of Clearwater Seashell Resort, L.C.. Sigriature of Notary Publico Printed, typed or stamp Development Agreement ADOPTED 03/01/01 Page 53 Janis M. Przywara MY COMMISSION # CC762257 EXPIRES September 14 2002 'c •. a •' B014DED THRU TROY FA!N INSURANCE INC My Commission Expires: Page 53 PINELLRS COUNTY FLR, OFF , REC , SK 11278 PC3 S 18 EXHIBIT A 0 FF .RECL,BK 101279 PGLR917 Clearwater Beach Seashell Resort DEVELOPMENT AGREEMENT EXHIBIT LIST March 1, 2001 Legal Description of Controlled Property & Right of Way to be Vacated Project Description Project Site Project Development Schedule Covenant Trip Generation Management Program Covenant Regarding .Hurricane Watch Closure List of Required Permits & Approvals, Public Improvements Appraisal Instructions Cafe Seating Covenant of Unified Use License Agreement ti ... .:............................A ..................... ............. B .... ..............................0 .... ..............................D .. .......................4....... E .... . ............................. F .... ..........................G .. ............................... H ... ..............................J ... ..............................K .: ............................... L PINELLMS OFF REC -AS COV 8K 11278 PC 920 CONTROLLED PROPERTY LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 57, LOT 104, THE SOUTH 20.00 FEET OF LOT 56, AND THE SOUTH 20.00 FEET OF LOT 103, THE LLOYD - WHITE- SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA. TOGETHER WITH LOT 105, LOT 106, AND THE NORTH HALF OF LOT 107, THE LLOYD - WHITE- SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH LOT 58 AND 59, THE LLOYD - WHITE- SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. :LLAS COUNTY FLA OFF KEC , BK 1 1v6 PG 919 TOTAL PROJECT LEGAL DESCRIPTION, including Controlled Proiect & Right of Way to be Vacated A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 57, LOT 104, THE SOUTH 20.00 FEET OF LOT 56, AND THE SOUTH 20.00 FEET OF LOT 103, THE LLOYD- WHITE- SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA. TOGETHER WITH LOT 105, LOT 106, AND THE NORTH HALF OF LOT 107, THE LLOYD- WHITE- SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH LOT 58 AND 59, THE LLOYD - WHITE- SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH THAT PORTION OF THIRD AVENUE A 60.00 FOOT RIGHT -OF -WAY TO BE VACATED, BEING BOUNDED ON THE EAST BY THE WEST RIGHT -OF -WAY LINE OF CORONADO DRIVE, AND ON THE WEST BY THE EAST RIGHT -OF -WAY LINE OF GULFVIEW BOULEVARD, ON THE NORTH BY THE SOUTH PROPERTY LINE OF LOT 57 AND LOT 104, AND THE SOUTH BY THE NORTH PROPERTY LINE OF LOT 58 AND LOT 105. TOGETHER WITH THE EAST 35.00 FEET OF A 70.00 FOOT RIGHT -OF -WAY OF GULFVIEW BOULEVARD TO BE VACATED, BOUNDED ON THE NORTH BY THE WESTERLY EXTENSION OF THE NORTH PROPERTY LINE OF LOTS 57 AND 104, AND ON THE SOUTH BY THE WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 59. CONTAINING 1.63 acres (71,068 sq ft) more or less ►'INELLAS COUNTY FLA, OFF,REC,BK 1127A PG 92 EXHIBIT B PINELLAS COUNTY FLA, OFF , REC , 8K 1 1278 Po 922 Seashell Project Description — as defined in presentations and applications The properties are developed with The Glass House Motel at 229 South Gulfview Boulevard, The .Beach Place Motel at 301 South Gulfview Boulevard, and a single family house and out buildings at 300 Coronado Drive abutting the Beach Place Motel and operated under a common ownership. The proposed project assembles these parcels .into a single development site, which incorporates the vacated Third Street right -of- way. Under the terms of the proposed development agreement, Gulfview Boulevard is proposed to be rebuilt to the west; this parcel seeks rights to use the eastern 1/2 of the vacated Gulfview Boulevard right -of -way. Surrounding land uses are: Gulfview Boulevard to the west, a single family unit and the Spyglass Motel to the north, Legends Steakhouse to the south and Coronado Drive to the east. Across Gulfview Boulevard, there is a public parking lot abutting the Gulf of Mexico. The existing buildings consist of two motels which contain 66 hotel units. The existing properties contain several structures, all of which were built between 1941 and 1956. Most of the value in these properties is in the land. The present assessed value of the properties is $2,690,500. Land values are $1,910,000. The value of the existing structures is $780,500. The value of the new structure will be approximately $65,000,000. Redevelopment is proposed for these obsolete structures. The proposed use is a 250 -unit full service hotel with banquet, restaurant and retail and an. 750 - space(min.) parking garage which will serve both hotel users and the general public. In order to accomplish the proposed development, the applicants propose to implement the Gulf Walk improvement outlined in Beach by Design. This improvement will extend for approximately 1,000 feet, beginning at the exit to the existing Pier 60 parking lot and extending southward. The Gulf Walk will provide landscaping, pedestrian and bicycle routes and a limited amount of surface public parking, as well as a relocated travelway for vehicles. This travelway will be built in a curvilinear design and will include "traffic calming" features. Public parking will be replaced in the parking garage to be built as part of the hotel. The public will access the beach by a pedestrian overpass. ,,n ALTEF I I I Gty perm jdetermined It I by Des 1 C - - - -T I I I 1 CONCEPTUF I FINAL DESIGN PINELLRS COUNTY FLR, OFF,REC,SK 11278 PO 923 - - -- Clearwater Seashell Resort LC LA Clearwater Beach - LEGAL DESCRIPTION APARLTief IMO LYM NlEGIIa1l T01M6)F$ MICE 1! FASI.PV@!/3 I O, IOf 1Fa TE NI V M tOL01tEf eF lOf N4 NO M egllN ]a<0 fHT OF IDf Na11ElIDYDNNI &p■fBlYO0M41gabpECp.L ®NMT NIOK H�12 0 TE rlac vaoros Of rv81Af Cd NtY. MIM TOQn1EltL■MIOf,Pa 10r 1a Aro I,E■OmM1LUf avlor 1tA. K ,101DMTR- 6■fClNCM4a ATAEWOEO N MT FO011IS PA3■ IL ti lIe PIIaIC RLCIOa Of r1ELAT WIAl1Y, Ra1M TOOEeCI,Yf111 lOf N AIO llOIOIIAfIEdOf61 N.60�L6011MI NMTV00KO,M¢QOF-l1EP1AlY AEOOADSKPIFLb O01MY,R011 1e0E11ClaT1TINTPOR1eMOFT1■m AVeaEAVVA9IOOT Wa0-0FWAYro eE YAGIBI PBO NIIIO ®dI 11E FAT, �V 11E W F8f INiMfQ�YAY llE aF Oa1aN0eaevEAIDON11EY1FSf WTIE FAITMfMOFMAYIAE OFa1AFYElY NAaxVAAq ON T1E NepIN eY lIE S0U1M T019(IY lllE OF LOr A AtO LOf ,Pa MO 11E 6 W M M 11E 1�f M AIOVFRIY {lE OF 1Of Y NO 1Df 1ul . TOfE118LY ■M11EHSflSAOf4TKAAWlOOf Mg11QF�YW O WF YE FOUEYMro ro nc vAUT®, aAAO ®OII TE NOHIM e V TE �SIE)aY 4181341 Ell■ IDRM Pnole(rc 1+E ar 10150 AAO ma AIO a■ ,IE ealml x M 11FE1eLT 41eme110FT1E SdmlIAEeFIOT!► wr■Ar■e,AagmA..al.e..r a Au oo1Pa omsAteM Prwa®ro care,IYA.T 11E rrLOro� arAV,se1n e ro ae AFAroPe9a xouanYNr•oYavAerormnx,■1aAa,,v axAnArc oum J Aaaut ®ousvEw v01AAVNO. a PIMnP1v ro � sTaFxm mA rae vlsnrFwan a Fae wane ro Fe IlrrOlID n [pPACTaa aluNlewlLga tvMlcpgonvn wu■L woen ®wL OLLPYEW PaA2VAlONIROYB.ENR a oal,orlrco Dolt[ Nr,muvoln vlAl C OBNIe Tlvnunl NNDA31MlIep CF PF./OI N OES1(i1 MO AOlHB11N0 SIIIeFS T.OnAr1r0E Ylvllr Fw�1n w.0 C Ntou■m tIF441 IIOa,1r P11E ,lBNIfftOAIJEWAY. �ruetA: r ru se rwsnta ACYC011 ro runs OIavE — ••— ITIVEL■r In.nYFr (rwr •h a.�ll■J O stal■L ■MFetc ■ awe ■xx1 • ne InoelMr e Ynx O SYIeNlf ,Nrv,taE 61 ■ xam mis 410 >M M NOPOSEe MCMDOE SITE PLAN PINELLRS COUNTY FLA. OFF.REC °" 11278 PC 924 —.111 t UA 1 A EXISTING n"m 06ivICR MLMV Cr) LS momm Ler AAG on R. Ale Am" 17.133 Sr (,a/ My Lm vet! N tm iv Wt CORK tAA (S.0 4 w) x1v nuum OMOVA I ( sm FT. MO ■ ar mss SM ,� Nth OR= ROOF MIFA NO FAR- xSAM* (»I SE,■Lal (1V-]0 I== Ov■Smae al SIZE PLM W A•FS1 PAP' 1PVIES V -1S tom. vm"m O -IY How ■a, Gomm P■ NEKM or N"CA" WX ao' (Est) PAAle O aST::P:Iq IMC9WW (Sti R. WA flYm M)aYNI ASOSk ►NMDO�ipO(F1 IY/OW01T P�NCOC�k tow: au * m ware .M.■o ".133 gr (11,83314 3DW FASP /xev' ant sse' NIMM SPAR 312435 SF � 3�FsF O V a ,se' / ,so' ■/A am 1007 K NICHOLS BROSCH SANDOVAL 0 rri r r) r - r m] r c ro c -1 2 CD - to ru -i m T NTER BEACH MARRIOTT CLEAR WATER r (ID P' INLLLMZ LUUN I Y r LM , OFF.REC•8K 11278 PO 929 C.C.L. . ... ...... . I.,- A ;p Maw w4E if 10i j: PINELLAS COUNTY FLA, OFF.REC.8K 11279 PO 930 16 17 IB Z-5" .._3- -._._-- it . ... ...... . I.,- A ;p Maw w4E if 10i j: N Q1 LEVEL 100-GROUND FLOOR PLAN 16W \.� SCALE: 1/16• . r-0- C.C.L. ,m_: NICHOLS BROSCH SANDOVAL IASSWATMM mo— I ft�ft MAl[iNAME ROMIDd ACOM LLJ CQ w w F- s < o Liu.- of 7— 7 p e. L Q1 LEVEL 100-GROUND FLOOR PLAN 16W \.� SCALE: 1/16• . r-0- C.C.L. ,m_: NICHOLS BROSCH SANDOVAL IASSWATMM mo— I ft�ft MAl[iNAME ROMIDd ACOM LLJ CQ w w F- s < o Liu.- of PINELLAS COUNTY FLR, PINELLRS COUNTY FLR, OFF.REC.BK 11278 PO 931 OFF,REC.BK 11278 PO 632 i 11;1 . UL lS 22m tavm GN Pce ❑- p � 44 � � � 1 i II r+ I 1 I • • • 11 ' AMA . ,.- .. �..... � � � • 1_ !_..::: _. .INK f10TGL 61CK OF FIOUSE 157. HUPL9+ pl-W < MPAR SON PIMP I mWe (ACT l5 UI M IEVa VF) ft � XeIT VP) 12 1 • • • L l2 i 1 L77" G.. .� II W+x. it N/aK �f � NR SIU14 GI G2 • • • WAM • • - F3PYAICRS Lease Sme CEO SPACe 5w LIL WAIX PARKING GARAGE / RETAIL LEVEL 200 G'ALE VIO:V& r C.C.L. PINELLAS COUNly hLH. OFF.REC.BK 11278 PO 933 y! L �4 4 L) w 1 IM n w TE 111 i rz- 'd i w M., -Rd anal ,1 PINELLAS COUNTY FLA. OFF.REC.8K 11278 PO S34 T6 Y7 T YO y 12 13 14 l5 T T6 NICHOLS BROSCH SANDOVAL 11 1 1 11 J--- L �4 4 L) w 1 IM n w TE 111 i rz- 'd i w M., -Rd anal ,1 N Ql LEVEL 300-700 PARKING/GULF SUITES PLAN SCAU: 1/18'. 1--o• C.C.L. PINELLAS COUNTY FLA OFF.REC.BK 11278 PC i35 PINELLAS COUNTY FLA. OFF.REC,8K 11278 PC S36 wnC HOTEL POOL DECK - LEVEL 800 11 -IqD) 11 V E 01 ULU .I.- da 0 no 0 A5 2 �r >m m< _m =,r ;0 0 x 0 -1 m r r ID Z a � GL1i lea v l� 0 �a T z pf Fq n r m D x W O RO C Z w m -4 { O �1. r W a 0 0 �v M z M m nr r m D xN n 0 ru -ii z m --i a{ cT �. r W D TJ m p! D Sg p g MARRIOTT CLEARWATER BEACH �� €€ a0o W - CLEARWATER BEACH , FLORIOAr=N TO] BELLAVISTA GROUP, INC. p Ni -il ml ml m; -k 0; -- — - -- -- -- - o ;D z Fq Fq T) r mm U) 0 N C -1 z m1 -0 -c L) _9 r m w 0 i 1 1 1 1 1 —t BELLA VISTA GROUP, INC. M 2:9 MARRIOTT CLEARWATER BEACH 19 1 I i Clearwater. Fl.rlda MMM &.741, PINELLAS COUNTY FLA. OFF.REC.SK 11278 PO 941 PINELLAS COUNTY FLA. OFF•REC.SK 11278 PO 942 � i eev ssv - • O -Rv Lill i Mol Mo' 1702 f302 , 1207 124Y. 1907 A� I � U " Q Ko3 1303 rto3 13'09 aoe i?I08 W m lla4@.1300 LEVEL fiaO c w —" L.... ' - 11D E Ul 81���E 4'� .2 1111 tl�a u% a j Iers.n•m t,�tx.am —0 �. _. -• i a • O DEiXATT 1� -AtM cc CCa G SUITE LEVEL1300/ 1400 . A8 ,t OFF,REC,BK 11278 PO 943 N 0 0 m -.0 z O 0 -Z m z a m m r- m -4 0 z MARRIOTT CCi'- ,RW"'ATER BEACH O z D v 0 m z c m m r m D 0 z MARRIOTT CC RWATER BEACH ............ sm PINELLRS COUNTY rLA, OFF,REC,9K 11278 PC 973 EXHIBIT C PINELLAS COUNTY FLR, OFF,REC.BK 11278 PO 974 1 c,tM 'so xa (° p''0'Ox• s c M ob e:n.w xd.,o xoo.o+ ,d.D6 s o6�rn« 6xx).Sx u . ae+ me9 P INELL. COUNTY FLA. ' LOT g 3 C}J '� cx �J9 ,!' 'o: ME +.,s 69 25] )16) qy6) as. Mds•eE s a6' eGT� OFF,REC.BK 11278 PO 975 I LOT 56 (a ws]]• em>.s: _ . 3&W ]] LOT 103 I3. SET NAa ,tr I , ' le 1xe 0 IN : a Xlyh •• M NW 5 84.3,1> lD j 1 A IABCEL K 1lla LYAIO N SEDnd 4 IDTN9Or H RANG: ,S FAST. Nxmxw9 dlNtt, Y 1 7•E 245.00' E L0. (M) y {-_ -_ -_ SDMIh tMe � Im s>. Eor ,oz M sdN ]ad r¢T a!sTDUOxx ar Im N6\ a M uom -wrz s,«xloe 9 u C w f1/ LOT _ or xol 58 E :a I Wut z A¢ 2 6 M N91C lalp0ls rOpr,[S �,xE i4 T 1 i0 ORle1 EM lm 104 lm 104 AND M MO0.N MIF K E01 IOr)�M 5>OIIIIG �6Dx� AZ 14 r1A T am 1 vi I$ IOJI___ o , 9 M NOIK �N z ACE 1 a Bcdad a dNtt. A z I 9 ______ � � -__ fa Tarnu ETx IDT se Aro w, ar M uoro- TRarz- slmeEl,.aaDlayDM, As 9[CDNRDNNdpMT ecax ,]. rAGE ,L a M rueuc RELd03 6 rxRlyAa LOT 57 0 $ toanm 91TX nut RDanax a Mm Awuz r, aao imr NwT -a - «Ar ro d I $ CDBd[OD ON[E IIID RST 0Y Me[A51 IIOR- Or_x[r INE d1 o LOT 104 n I OAI vzr ea M. d M xdN OY M S01M rR�ERtt ,N[ Of lm S) AND Eor ,o•, Axo M sarN m M xoRN IBroEnTr urE a EOT se 91m Em Z I O 1 2 rg ,•z lORnaR RTIx M CAST ]SOD IRT Or /, AW i0m 0df -K -rAY K CUIf sEr eouavABD ro a v.uRa. ea.orn d ra xdN er M EsTVar Sql Or M Mpin, PROrEBtt DME A Lm5 S) Ex LOT 11 1 I �» I A10 ,0•, AxD d M m M •ESrzTar a,D,aNI o< M mural INC o< EoT s+. p 0 SET NAx , Z CdtANNO ve] •,r, (),.068 .64} mrrr > Ns U I Nz W �N� e -•zrb47 .. O1 —• m e Y 10.1 . U I p)00' I C T ♦S0 P.w_ G -'- 1 �a LOT 12 (TO BE ACA TED) D1A ' � I IB/3889 9mmB� xmEs ,. «D EYG9Allp, «AS IfArdMFD ro vmRr M EoGnd d ExsIGOE s wr uxoE9mamo rrRO,nIExTZ smucn.EZ d rauxoAndz N`4'37'W } '47 2 0' 10.0(M) z [A][MFNR or KDDID IM' 0M MANFRS a' SIMSY NAT ARE 051FD N r.M. a '• 1 . LU S/a• ®Me9 -]x• Orr, FIR SD,FdBC x ND RFNA9K xAnONAE mE +[9�RAx¢ mmAxr CWOTYENI ;=!A13711. M IM, DArz xo6sMeER OGICRD d M W9. ND N31RW[ "W `E 1 1 4, ]/a' IL1HIO I Ii• x15 Dr NNE0111�� ALxla- ? -1IAr NNfi/udxMMFR9IP M= r1NM9,m SO d NNSUFD BY M Ie0EIE9OIFD OMB 1 V , 111>.0 9r0eX MFIICd FASEMExR d IESTIem10NS K Rm,• mlfll 11,W nx1Y SNOrN.HiENI WY pKi IOMG DIOEWIO I _ ASSDmA1ES, NL AND QRRYND INa 9Rn[YOR AC ®f x0 rQ FOR RCRS-0i -NAY. GSWExIS, BE51mL'nl9K O<n(=D d OMR WTWD; I LOT -1 J 112 L07 58 a a�y� BOMB Xx MO= "ADD N NSn MExn 1 I 1 11 LOT 1 fJ 1 1 d msrtxa°n emR+ eEizw� « )+Aam'm°u ua i m IA°C'aua11O1a 1 --------------- 1 N�01EwrarzDatu�s ,06B9a ,oer cN's�r " "BO'a µxmdiac°AA,nmvAa i IART 6 S 5011nY _ 1 ' U 1 O l UK65 "K ra sxNAnnE AM M DErn,a BAISm SELL Q A sxEN,, qr, T 3VBrE� �NF pYT 1 FND Nog DisB K rd dW° BIfONII LL r ply ym K5 IqT vAED. Q 1 LBI7889 ro,�raA a iT`xM • -- -_...... 29.25'n,oWU* p a[ v�mrz's ra suR,cma xondc xtTmx 1 L LOT j - I MIGN rAlx ______ -___ 9j v«n soot LOT S9 o Axr renns d NNV,TS ro AxYNE Dram, 3 1 /1 / I c C— a er.,nxcs sXOAx wa0x .IE eASED d M ax)FRUxE Or ,mxo .wlO6 e >.xl BIRD AsaNm ro eEAR xe••]r•r «. I 1 LOT 106 ). lAm oArz v rlm SINVEn ,/06/p. 1 k r xAa U X610 sex-.r, shad -[• CVT N 82. 52 34 "W {5 Fjl°'1 1' %� M ( � H 10 0 x0 a M sEerECr IAREfl DENCTm xETEd Drs EMI not• xax[ Aa w.mlc ♦RISE M1aOD EIfvARd Of ,l.d k 12d RET (REfTADI¢ TO M WadAl OOCIIO SgnCAx DARN R 1 _ I J.QQ_ NooE�Garo9e � I e® 19H). AS 9x991 d rID— EMERGENCY AQ,ONT A 9x. /Eypp NSMRAtDI RAIE Cpe6ptt r.Wi xs ,H096 ` a M01r rALL r/ `°rrE -ODm D. USr pEitStd . OATL Aq ,9 W 61M1NG ,- - -____ -• m V EOI IDi_Y'-'.... ""� 1 LEGEND a "O6 ARF ° � NIROV f— d 1115 9rz 9rxd MNE xOT AT OY94R5 K-1. 1 I ... LOT 60 0'( LOT 107 r as I na.NmsaDla a9ma x•Nxa I Ara ------ __ ttE OETAa 82"18'33' Morel« x er]rleti I�Or0. 18' (M ) ryi �DN � W • Ilm® ■IEe]S 9Rep 4v - Ra1Ta -ur ru•.ra90 •dw 111. •.1190 rm x+1e r Dx1ERNG e � (o) :� IR �e.a„a aol 9m. w1+a9,eT lr AemaITR Ne M1DK.[TE IF Aunmwunox Me u xt10 � ( port. (O` I. Fla. S /e' 107 Eepee+ I I (P)•er Edam BA (�)• ENMyDeIAx; xn 9d 9maemx tl (M)• EAIra1dTTAx¢ IDI mD EA99apf _ � ALLAN !.040x•, var DArz rtwDA IxnKE -clew JAK Resort Development �.r1Marriott ,GINEER'113C; ASSOCIATES, INC- [.ux .wj'w. yy...., 8$rrl/8t0r BBaE.•il BOUNDARY SURVEY �• R_ • i r �.vrrtr�u!r.iauaw.°h rn m a 1¢n� too! [Iq FAwxr1A qu[Nln Irt. a�1 n n i N n ;R 3 m 20 m» 19 fm ym mo �O mm m< om �O m 1 0 0 0 a ci N C A OF UL, MEXICO i N a P Y w gg PPP gg - -�_ , CORONMO DBnE� -_ -- Y w g�AaR -pill s g �y�Ri iF d e� 9 li c r m to _j 0 rq r, n m ru v m Q (D Y Y 0 Y Y 0 0 o f r r _ e B M 1„ � .:� �• k a a " r r .8 °• VP a Si 1 1`M 8 p?� a " a a " 9 N �_ COASTAL CONSTRUCTION C _ m m ....- CONTROL LINE Ali lit Awl Ri I R11 [ N 1 [kp y c -a aV #�� �������✓S�� � � p 0 6Qa Z'j >4Fjfj�Si�BR 4g C 0 6 k L : a g _ __ ,K� %R ■ $Y ^�,;3A � � N N �� S SID y l------------ ; ;cam ° u„ Ills cc eM hNg I I II I : o • m m• I II I :° a a g ']�aaAtS [ -- . ..__ '_/ _ agA fa � - b o� � - ---- ' ____ __ A� -pill s g �y�Ri iF d e� 9 li c r m to _j 0 rq r, n m ru v m Q (D PINELLRS COUNTY FLS, OFF.REC.SK 11278 PC 978 EXHIBIT D PINELLPS COUNTY rLP, OFF , REC , BK 11278 PO 980 EXHIBIT E PINELLRS COUNTY rLR, OFF , REC , BK 11278 PC S81 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made as of the _ day of , 2001 by Clearwater Seashell Resort, L. C. Clearwater Seashell Resort; L. C. is the owner of fee simple title to all of the real property described in Exhibit 1 attached hereto and made a part hereof (hereinafter the "Real Property"). The City of Clearwater 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 preliminary design for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District provide for the allocation of bonus resort units as an incentive for the development of destination quality resorts with a full complement of resort amenities. Pursuant -to the designation of Clearwater Beach as a Community Redevelopment District, the allocation of bonus resort units is subject to compliance with a series of performance standards, including a requirement that the resort hotel to be developed on the Real Property implements a trip generation management program to reduce the number of vehicle trips generated by the use and operation of the Real Property. The City of Clearwater has granted, by City Commission Resolution passed and approved on Clearwater Seashell Resort, L. C.'s application for an allocation of bonus resort units pursuant to the provisions of the designation of Clearwater Beach as a Community Redevelopment Districts subject to compliance with the requirements of the designation of Clearwater Beach as a Community Redevelopment District. Clearwater Seashell Resort, L. C. desires for itself, and its successors and assigns, as owners 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 bonus resort units to Clearwater and the designation of Clearwater Beach as a Community Redevelopment District, 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 bonus resort units to Clearwater Seashell Resort, L. C. and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Clearwater Seashell, L. C. hereby declares, covenants and agrees as follows: SIM p INELLRS CO276 pdLRgA2 OFF AEC . SK 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Clearwater Seashell Resort, L. C. and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City of Clearwater, Florida and and shall be enforceable on behalf of the said residents by the City Commission of the City of Clearwater. 2. Covenant to Prepare and Implement a Trip Generation Management Program. Clearwater Seashell Resort, L. C. hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Trip Generation Management Program. Clearwater Seashell Resort, L. C. shall prepare a Trip Generation Management Program which includes, at a minimum, the program elements which are set out in Exhibit 2 which is attached hereto and incorporated herein. 2.2 Implementation. Clearwater Seashell, L. C. shall take all necessary and appropriate steps to implement the approved Trip Generation Management Program and the selected management strategies. 3. Effective Date. This Declaration shall become effective immediately upon its recording. 4. Governinq Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5. Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6. Attorneys Fees. Clearwater Seashell Resort, L. C. shall reimburse the City of Clearwater for any expenses, including attorneys fees, which are incurred by the City of Clearwater in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of these Declarations and the City obtains relief, whether by agreement of the parties or through order of the court. 7. Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration , or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. -2- 0 PINELLRS COUNTY FLR OFF , REC . BK 1127B Pd 983 IN WITNESS WHEREOF, `Clearwater Seashell Resort, L. C. has caused this Declaration of Covenants and Restrictions to be executed this day of , 2001. Signed and sealed and delivered in the presence of: STATE OF FLORIDA ) COUNTY OF PINELLAS ) L. C. Title: Date: Clearwater Seashell Resort, By: Name: This instrument was acknowledged before me this day of , 2001 by on behalf of Clearwater Seashell Resort, L. C. My commission expires: J--P -3- Notary Public State of Florida PINELLAS COUNTY FLA. OFF , REC , BK 11278 PO 964 EXHIBIT 2 Trip Generation Management Program 1. Prior to issuance of a Certificate of Occupancy for the Seashell Resort, the developer shall implement a Transportation System Management Plan. This Plan shall establish practices, procedures and costs /fees for services to reduce the number of trips - to and from the site. Examples of methods, which may be considered are: a. Guest. shuttle services /airport b. Guest shuttle services /activities C. Employee shuttle d. Non - motorized modes for guests e. Fixed route transit f. Taxis /demand responsive transit g. Non- motorized modes for employees h. Staggered working hours The plan will address the trip characteristics of resort occupancy, compare and contrast the generation and reduction methods against non transient units and create a supporting trip utilization projection for the Beach by Design transit proposal from both hotel visitors and garage patrons. The plan will apply a best methods approach. City and County transportation programs may also generate additional methods based on special studies or intergovernmental program funding (County -wide Gulfview Trolley System). 2. Prior to issuance of a Certificate of Occupancy for the Seashell Resort, the developer shall submit a Hurricane Evacuation Plan to the City. This Plan shall establish practices and procedures to be implemented when a hurricane watch is established for Clearwater. These practices and procedures will lead to evacuation of the Seashell Resort when a hurricane watch is issued for Clearwater. PINELLAS COUNTY FLS. OFF.REC.SK 11278 PG 995 EXHIBIT F PINELLAS COUNTY FLR, OFF,REC,BK 11278 PO 986 -_ DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made as of the _ day of , 2001 by Clearwater Seashell Resort, L. C. Clearwater Seashell Resort, L. C. is the owner of fee simple title to all of the real property described in Exhibit 1 attached hereto and made a part hereof (hereinafter the "Real Property "). The City of Clearwater 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 preliminary design for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District provide for the allocation of bonus resort units as an incentive for the development of destination quality resorts with a full complement of resort amenities. Pursuant to the designation of Clearwater Beach as a Community Redevelopment District, the allocation of bonus resort units is subject to compliance with a series of performance standards, including a requirement that resorts developed with bonus resort units pursuant to the Community Redevelopment District shall be closed and all guests evacuated from the resort within twelve (12) hours after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of the evacuation of the Real Property within twelve (12) hours of the issuance of a hurricane watch is to ensure that the Real Property 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 of Clearwater has granted, by City Commission Resolution passed and approved on , Clearwater Seashell Resort, L. C.'s application for an allocation of bonus resort units pursuant to the provisions of the designation of Clearwater Beach as a Community Redevelopment Districts subject to compliance with the requirements of the designation of Clearwater Beach as a Community Redevelopment District. Clearwater Seashell Resort, L. C. desires for itself, and its successors and assigns, as owners 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 bonus resort units to Clearwater and the designation of Clearwater Beach as a Community Redevelopment District, 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 bonus resort units to Clearwater Seashell Resort, L. C. and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Clearwater Seashell, L. C. -1- PINELLAS COUNTY FLA. OFF , REC , 8K 1'1278 PG 987 hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Clearwater Seashell Resort, L. C. and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City of Clearwater, Florida and and shall be enforceable on behalf of the said residents by the City Commission of the City of Clearwater. 2. Covenant of Development, Use and Operation. Clearwater Seashell Resort, L. C. 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 bonus resort units allocated to Clearwater Seashell Resort, L. C. shall be limited to overnight accommodations with occupancy limited to stays of thirty (30) days or less. 2.2 Closure of Improvements and Evacuation. The improvements developed on the Real Property shall be promptly closed upon the issuance of a hurricane watch by the National Hurricane Center which hurricane watch includes Clearwater Beach and all guests, visitors and employees other than emergency and security personnel required to protect the improvements, shall be evacuated from the Real Property within twelve (12) hours of 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 ensure that the guests, visitors and employees will be evacuated substantially in advance of the issuance of a forcast of probable landfall. 3. Effective Date. This Declaration shall become effective immediately upon its recording. 4. Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5. Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. -2- PINELLRS COUNTY FLR, OFF.REC,BK 11278 PO 988 6. Attorneys Fees. Clearwater Seashell Resort, L. C. shall reimburse the City of Clearwater for any expenses, including attorneys fees, which are. incurred by the City of Clearwater in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of these Declarations and the City obtains relief, whether by agreement of the parties or through order of the court. 7. Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration , or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, Clearwater Seashell Resort, L. C. has caused this Declaration of Covenants and Restrictions to be executed this day of , 2001. Signed and sealed and delivered in the presence of: Title: Date: STATE OF FLORIDA COUNTY OF PINELLAS Clearwater Seashell Resort, L. C. 0 Name: This instrument was acknowledged before me this day of , 2001 by on behalf of Clearwater Seashell Resort, L. C. Notary Public State of Florida My commission expires: -3- PINELLRS COUNTY PLR. OFF . REC . 8K 11278 PS 989 EXHIBIT G PINELLAS COUNTY FLA, OFF,REC.BK 11278 PO 990 APPROVALS & PERMIT LIST • Site plan, height, vacation approval • Piling & foundation permit • Demolition permit • Site alteration /drainage permit • Utility relocation permit • Vacation condition & replat approval • Building permits package o Structural o Mechanical o Electrical o Plumbing • Beach Improvement permits • CCCL permit - from Florida Beaches and Shores o Utility & Drainage permit - with City Engineer & SWFMD approval • Roadway Permit - approved by City Engineer • Landscape, Irrigation (graywater) & Lighting — approved by Recreation & Parks • Pedestrian Bridge, Elevated Walk & Beach Elevator Public Service Facility (building permit) 1,110 EXHIBIT H PINELLPS COUNTY FLR. OFF,REC,BK 11278 PQ SS, Public Imoroveme 'o Rti, P-71 "OR 'A , PI d .e t Ji .... . .. .... �P.v A� L V ""in th r1al M� AP n IR 4W y BL 77".5, —7777777? 1:;Idl' e, P, a. 4 . .. . ... .. .. .. �lv j7,11 Quantity Item Description O 205,800 Demolition existing site features 9 1 Retrofit underground utilities LS 4,766 Asphalt pavement roadway /bikeway 71 Z Gulfview Beach Walk Landscape Plan SY Clearwater Seashell Resort LC SY 10,000 6 -6" wide concrete curb, std m N 17,500 Plaza pavement, concrete pavers over concrete slab r 0 37,350 Promenade pavement -0 500 Seating wall Rl C 1 Steps to beach -.1 Z 61 New pedestrian lighting (by FPC) CID --I 1 Signage (allowance) { 45 Bollards, custom precast EA 52,600 Accents, shrubs and ground cover 0 -rt 52 Specimen Medjool date palms r 48 Washingtonia palms clustered in key locations 3D 36 Sabal palms at crosswalks ED- 55 Ornamental trees ED 1,000 Clean fill G) Quantity Item Description Unit 205,800 Demolition existing site features SF 1 Retrofit underground utilities LS 4,766 Asphalt pavement roadway /bikeway SY 3,885 Asphalt parking lots Incl. Striping and wheel stops SY 3,600 Crosswalks, concrete pavers over concrete slab SY 10,000 6 -6" wide concrete curb, std LF 17,500 Plaza pavement, concrete pavers over concrete slab SF 37,350 Promenade pavement SF 500 Seating wall LF 1 Steps to beach LS 61 New pedestrian lighting (by FPC) EA 1 Signage (allowance) LS 45 Bollards, custom precast EA 52,600 Accents, shrubs and ground cover EA 52 Specimen Medjool date palms EA 48 Washingtonia palms clustered in key locations EA 36 Sabal palms at crosswalks EA 55 Ornamental trees EA 1,000 Clean fill CY 600 Mulch. Shredded cypress, 3" depth CY 13,200 Turf, SL Augustine "Fioratam" SF 65,800 Irrigation (allowance) SF 1 Irrigation meters and connections LS OPTIONAL UPGRADES (BUDGET- DEPENDENT) 750 Berms/earthwork CY 52 Uplighting on specimen trees EA 2 Gateway features EA 2 Lighting on gateway features EA P INELLRS "COUNTY FLR , OFF , REC , 9K 1127S PO 995 Appraisal Instructions Typically, an appraisal of this type will use three appraisal methods, separately assessing Comparable Sales Value, Income Approach, (Net Present Value of Future Income Stream), and Replacement Cost. Furthermore, a typical appraisal is to determine fair market value, as defined under Title XI of the Financial Institutions, Reform, Recovery and Enforcement Act of 1989, 12 CFR Part 323.2.f. This definition is: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well - informed or well- advised, and acting in what they consider to be their own best interests; 3. A reasonable time is allowed for exposure to the open market; 4. Payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. There is no known open market with comparable garage sales within the Florida West Coast market area, which precludes use of the Comparable Sales Approach to valuation. This public garage is to be held as a commercial condominium and will form one of the components of a mixed -use project comprised of a hotel, restaurants, retail; and additional parking used by the other components. The underlying land is therefore owned by the condominium, and a determination of the value of the portion of land to be attributed to the public garage would be subjective, at best. If the appraiser were to assume the garage were free - standing using a Replacement Cost method, the land would have to be valued at its Highest and Best Use, which would not be as a parking garage. Therefore, the Replacement Method is not useful for this appraisal. The remaining, the Income Approach, is the only reasonable method for determination of the transaction value under these conditions. Therefore, for purposes of calculating the fair market value of the public parking garage to equal to the projected net operating income to be generated from the PINELLAS COUNTY FLA. 6JFF.REC.SK 11276 Pa 996 operation percent (6 %), said rate exceeding the City's cost of funds at the Effective Date of this Agreement. T, - The projected net operating income shall equal the projected gross revenue minus the operating expenses. The operating expenses shall equal the owner's actual cost incurred if the public parking garage has been operated for a period of one (1) year, or in the event that the garage has been operated for less than one (1) years, the owner's budget. 2 PIP EXHIBIT J F ELLAS COUNTY FLA, OFF , , <EC , BK 11278 PO 997 P INELLRS COUNTY F'LR , ]FF,REC.SK 1127e PO sse Cafe Seating The ordinance to be adopted by the City of Clearwater shall authorize the use of the easterly [17.5] feet of the West 35 feet of the existing right -of -way of South Gulf View Boulevard, as well as portions of the elevated sidewalk located adjacent to the easterly edge of the Project Site for the purpose of placing chairs and tables to operate restaurants /cafes within such areas. Such areas may be used for the service of food and beverages, including beer, wine and alcoholic beverages so long as the alcoholic beverages are for on- premises consumption only. Additionally, such ordinance shall authorize the operators of the restaurants /cafes to install access control barriers, which are not permanent structures, around the perimeter of cafe seating areas. w EXHIBIT K PINELLAS COUNTY FLA, OFF , REC , SK 11278 Pd SSS PINELLRS COUNTY rLS. OFF,REC.BK 1127e PC 1000 THIS INSTRUMENT PREPARED BY AND WHEN RECORDED, RETURN TO: - Stephen J. Szabo, III, Esq. Annis, Mitchell, Cockey, Edwards & Roehn, P.A. Post Office Box 3433 Tampa, Florida 33601 COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement ") is executed this day of , 2001 (the "Effective Date ") by CLEARWATER SEASHELL RESORTS, L.C., a Florida limited liability company ( "Owner"). WITNESSETH: WHEREAS, Owner is the owner of the real property legally described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Owner and the City of Clearwater (the "City ") are parties to that certain Development Agreement dated , 2001 (the "Development Agreement ") pursuant to which -the City has agreed that Owner may develop and construct upon the Property a multi -use project consisting of not less than 750 parking spaces (of which not less than 400 shall be public parking spaces), up to 50,000 square feet of retail space and 250 residential hotel units, all as more particularly described in the Development Agreement; and WHEREAS, Owner has agreed that the Property shall be developed and operated for a unified use, as more particularly described hereinbelow. 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, Owner does hereby agree that the Property shall be developed and operated as a unified mixed -use project such that the residential hotel units constructed upon the Property shall be occupied and operated as a single hotel. The restrictions set forth in the preceding sentence shall survive for a period of U years from the Effective Date of this Agreement. Nothing,in this Agreement shall preclude the purchase and sale of the residential hotel units and all other components of the mixed - use project constructed upon the Property to separate, unrelated third party owners, so long as the residential hotel units are operated and occupied as a single hotel throughout the term of this Agreement. Owner agrees that the City shalt have the right to enforce the terms and conditions of this Agreement. 1n C� PINELLAS COUNTY FLA, OFF , REC , BK 1127e PO 1001 IN WITNESS WHEREOF, the undersigned has executed this Covenant effective the day and year first above written. Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF CLEARWATER SEASHELL RESORTS, L.C., a Florida limited liability company By: Print Name: Print Title: The foregoing instrument was acknowledged before me this day of February, 2001, by , as of CLEARWATER SEASHELL RESORTS, L. C., a Florida limited liability company, on behalf of the limited liability company, who is personally known to me or has produced as identification. #770137 v1 - 10814-020 -2- NOTARY PUBLIC Name: Serial No. My Commission expires: PINELLRS COUNTY FLR. OFF,REC.SK 11278 Ps 1003 THIS LICENSE AGREEMENT, made and entered into this day of , 200_9 by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation ( "Licensor") and CLEARWATER SEASHELL RESORT, L. C., ( "Licensee "): WITNESSETH: WHEREAS, Licensor is the owner of fee simple title to the area described in Exhibit A attached hereto and incorporated herein; WHEREAS, Licensee is the developer of a mixed use resort project on Clearwater Beach which will include at least four hundred (400) parking spaces which will be open to the public; WHEREAS, in conjunction with the construction of the mixed use resort project Licensee is constructing an elevated beach access facility between the parking spaces which will be open to the public and the public beach ("Elevated Beach Access Facility "); WHEREAS, the support structures for the Elevated Beach Access Facility on the gulfside of South Gulfview will be improved for the public convenience and benefit with public beach service improvements ("Beach Service Facility "); WHEREAS, the Elevated Beach Access Facility and Beach Service Facility will be dedicated to the public; WHEREAS, the City has determined that it is in the best interests of the residents of the City of Clearwater to have the Beach Service Facility operated by the Licensee; WHEREAS, the Licensor is willing to grant a license to Licensee to use and operate the Beach Service Facility for the purposes stated in this agreement; NOW, THEREFORE IT IS MUTUALLY AGREED, AS FOLLOWS: 1. License Granted. The City hereby grants a license to use and operate the Beach Service Facility. 2. Term. The term of the license is fifty (50) years, beginning on the first (1") day that beach service facilities are available for use, and ending on the same day, fifty (50) years thereafter, unless terminated pursuant to paragraph 3 of this License Agreement; -1- PINELLAS COUNTY FLA, ,OFF , REC . 8K 11278 PS 1004 i 3. Termination. The license may be cancelled by the Licensor at any time, ninety (90) days after providing Licensee written notice that the Beach Service Facility is not being operated in accordance with the requirements of this License Agreement. The ' written notice shall specify each and every way in which the Licensee has failed to operate the Beach Service Facility in accordance with the requirements of this License Agreement and the Licensee shall have ninety (90) days to reasonably cure such failures. 4. Exclusive Rights. The Licensee shall have the exclusive right to conduct the activities described in Exhibit "1", which is attached hereto and incorporated herein in or at the Beach Services Facility. 5. Payment for Services. The goods and services provided by Licensor shall be available to the general public, however, the City agrees that the Licensee may make special provision for payment of services rendered to the public through the Licensee's resort or other resort properties on Clearwater Beach. . 6. Hours of Operation. The Beach Service Facility shall be open at normal periods of beach use. 7. Operation and Maintenance. Licensee shall be responsible for the operation and maintenance of the Beach Service Facility including operation, maintenance, upkeep, repair and replacement. Licensee shall maintain the Beach Services Facility in good order, condition and repair, reasonable wear and tear excepted. 8. Use of the Facility. Licensee hereby covenants and agrees to make no unlawful, improper, or offensive use of the Beach Service Facility. Licensee shall not permit any person other than Licensee to conduct a business in or from the Beach Service Facility without the written consent of the Licensor. 9. Assignment. Licensee hereby covenants not to assign, pledge, hypothecate the license created herein, in whole or in part, without the prior written consent of the Licensor except to Bella Vista Seashell Resort LLC and /or the hotel operator for which no consent shall be required. The paragraph is intended to and shall be construed to include a prohibition on the assignment of the license by operation of law. 10. Taxes. Licensee shall promptly pay any and all taxes, 'including but not limited to state sales taxes, occupation license taxes, beverage license and permit fees due in regard to the operation and use of the Beach Services Facility, but not ad valorem taxes or personal property taxes, if any, which shall be paid by Licensor. -2- rp a. PP PINELLRS COUNTY rLR, OFF.REC,BK 11278 PS 1005 11. Utilities. Licensee agrees to be responsible for all costs related to any utilities provided to the Beach Services f=acility. 12. Modifications to Structure. Licensee is not authorized to make any material change to the Beach Services Facility without the written approval of the City. 13. Indemnification. Licensee agrees to indemnify and hold Licensor and its employees harmless from and against any and all claims, demands, causes of action or lawsuits of whatever kind or character arising out of this License Agreement and /or performance hereunder. Licensee agrees to investigate, handles, provide defense for and defend any such claims, demands, causes of action or lawsuits at its sole expense and agrees to bear all other costs and expenses related thereto, even if the claim, demand, cause of action or lawsuit is groundless, false or fraudulent. 14. Insurance. Licensee shall at his own expense purchase and maintain during the term of this License Agreement the following insurance coverages: [to be inserted at time of execution] Licensee shall provide the City with copies of all insurance policies required by this License Agreement. 15. Destruction of Facility. In the event that the Beach Service Facility is destroyed, by whatever means, Licensee shall be required to rebuild the Facility in accordance with the original plans and specifications. The City agrees that any insurance proceeds received by the City in conjunction with the destruction of the facility shall be provided to Licensee for use in rebuilding the Facility. 16. Compliance with Government Regulations. Licensee agrees to comply with the requirements of all agencies of government. 17. Signs. All signage shall be in conformance with the City of Clearwater's Land Development Regulations. 18. Costs of Enforcement. In the event that Licensor incurs any cost to enforce any of the provisions of this License Agreement, including but not limited to attorneys fees, Licensee agrees to pay said costs. -3- Countersigned: Mayor Approved as to form: Attest: City Attorney's Office -4- PINELLPS COUNTY FLR, OFF,REC,BK 11276 PG 1006 CITY OF CLEARWATER 0 City Manager City Clerk CLEARWATER SEASHELL RESORT, L. C. M .a ;fi 0, EXHIBIT 1 1. Rental of beach towels. 2. Rental of chairs, umbrellas and cabanas. P INELLRS COUNTY FLR OFF , REC , BK .1 1278 PO 1007 3. The sale of packaged snacks and non - alcoholic beverages. 4. The sale of beach sundries. 5. The rental of showers and lockers. -5- FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF CLEARWATER 02- 322555 RUG -29 -2002 2:19pM PINELLRS CO BK 12189 PG 2.198 between 11111 .) [Ra��� s THE CITY OF CLEARWATER, FLORIDA, and CLEARWATER SEASHELL RESORT, L.C. Dated as of 0' a aa;t , 2002MarGh 13, 2001 RETURN TO: CITY CLERK POST OFFICE BOX 4748 PAGES ACCT REC _.. __. _ _01 0 Q CR219 _-- _- - - - - -- DS lNT FEES MTF :.:.. P/C REV " -- TOTAL� -6 O CK BAL CHG AMT — �-n T PINELLAS COUNTY FLA. OFF,REC,8K 12189 PG 2199 TABLE OF CONTENTS ARTICLE 1. DEFINITIONS ........ ..............................: ...................2 ............................. ............................... .Section 1.01 Definitions ................................................................................. ..............................2 Section 1.02 Use of Words and Phrases ....................................................... ..............................4 Section 1.03 Florida Statutes ........................................................................ ..............................4 ARTICLE 2. PURPOSE, PROPOSAL AND DESCRIPTION OF PROJECT ..................................................... ..............................4 Section 2.01 Finding of Public Benefit and Purpose ..................................... ..................:...........4 Section 2.02 Purpose of Agreement ......................... Section 2.03 Scope of Project ....................................................................... ..............................5 Section 2.04 Cooperation of the Parties ........................................................ ..............................7 ARTICLE 3. REGULATORY PROCESS ................................................................... ..............................7 Section 3.01 Land Development Regulations ............................................... ..............................7 Section 3.02 Development Approvals and Permits ....................................... ..............................8 Section 3.03 Concurrency .............................................................................. ....:........................9. ARTICLE 4. PLANS AND SPECIFICATIONS ......................................................... .............................10 Section 4.01 Preparation of Plans and Specifications .................................. .............................10 ARTICLE 5. PROJECT DEVELOPMENT ................................................................ .............................10 .Section 5.01 Ownership of Project Site ........................................................ .............................10 Section5.02 Project Site .............................................................................. .............................10 Section 5.03 City Option to Purchase ......................... Section 5.04 City=s Obligations .................................................................... .............................11 Section 5.05 Obligations of the Developer ................................................... .............................14 ARTICLE 6. PROJECT FINANCING ........................................................................ .............................18 Section 6.01 Notice of Project Financing to City .......................................... .............................18 Section 6.02 Copy of Default Notice to City ................................................. .............................18 Section 6.03 City Option to Pay Mortgage Debt or Purchase Project .......... .............................19 ARTICLE 7. CONSTRUCTION ................................................................................ .............................20 Section7.01 , Site Work ................................................................................. .............................20 Section 7.02 Construction ........................................................................... .............................20 Section 7.03 Construction Completion Certificate ............................................. .............................22 Section 7.04 City not in Privity ...................................................................... .............................23 Section 7.05 Construction Sequencing and Staging Area ........................... .............................23 ARTICLE 8. INDEMNIFICATION ............................................................................. .............................24 Section 8.01 Indemnification by the Developer ............................................ .............................24 Section 8.02 Indemnification by the City ....................................................... .............................25 First Amended Development Agreement ADOPTED Page! PINELLAS COUNTY FLA. OFF.REC.BK 12169 PG 2200 Section 8.03 Limitation of Indemnification .................................................... .............................25 ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THEDEVELOPER ............................................................................... .............................26 Section 9.01 Representations and Warranties ............................................. .............................26 Section9.02 - Covenants ................................................................................ .............................28 Appointment of Arbitrators ....................................................... .............................39 ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF Section 14.03 THECITY ........................................................................................... .............................29 Section 10.01 Representations and Warranties ............................................. .............................29 Section10.02 Covenants ................................................................................ .............................30 ARTICLE 11. CONDITIONS PRECEDENT .................................................................. .............................31 Section 14.06 Section 11.01 The Developer Acquiring Project Site ..................................... .............................31 Section 14.07 Section.11.02 Construction of Project ............................................................ .............................32 Section 11.03 Responsibilities of'the Parties for Conditions Precedent ........ .............................32 ARTICLE 12. DEFAULT; TERMINATION ................................................................ .............................32 Applicable Law ........................................................................ .............................41 Section 12.01 Project Default by the Developer .............................................. .............................32 Arbitration Proceedings and Records ...................................... .............................42 Section 12.02 Default by the City ................................................................... .............................34 Section 12.03 Obligations, Rights and Remedies Cumulative ....................... .........:...................35 Section 12.04 Non - Action on Failure to Observe Provisions of this Agreement.......................................................................... ............................... 36 Section 12.05 Termination .............................................................................. .............................36 Section 12.06 Termination Certificate ............................................................ .............................37 ARTICLE 13. RIGHT TO CONTEST ........................................................................ .............................38 Section 13.01 Right to Contest ....................................................................... .............................38 Section13.02 Conditions ................................................................................ .............................38 ARTICLE 14. 'ARBITRATION ................................................................................... .............................39 Section 14.01 Agreement to Arbitrate ............................................................ .............................39 Section 14.02 Appointment of Arbitrators ....................................................... .............................39 Section 14.03 General Procedures ................................................................ .............................40 Section14.04 Majority Rule ............................................................................ .............................40 Section 14.05 Replacement of Arbitrator ........................................................ .............................40 Section 14.06 Decision of Arbitrators ............................................................. .............................41 Section 14.07 Expense of Arbitration ............................................................. .............................41 Section 14.08 Accelerated Arbitration ............................................................ .............................41 Section14.09 Applicable Law ........................................................................ .............................41 Section 14.10 Arbitration Proceedings and Records ...................................... .............................42 ARTICLE 15. UNAVOIDABLE DELAY .................................................................... .............................42 Section 15.01 Unavoidable Delay .................................................................. .............................42 First Amended Development Agreement ADOPTED Page ii PINELLAS COUNTY FLA. OFF . REC . BK 12189 PG 2201 ARTICLE 16. RESTRICTIONS ON USE .................................................................. .............................43 Section16.01 Project ...................................................................................... .............................43 ARTICLE 17. FIRE OR OTHER CASUALTY; CONDEMNATION ........................... .............................44 Section 17.01 Loss or Damage to Project ...................................................... .............................44 Section 17.02 Partial Loss or Damage to Project ........................................... .............................44 Section 17.03 Project Insurance Proceeds .................................................... .............................44 Section 17.04 Notice of Loss or Damage to Project ....................................... .............................45 Section 17.05 Condemnation of Project or Project Site; Application ofProceeds ........................................................................... .............................45 ARTICLE 18. MISCELLANEOUS ............................................................................ .............................45 Section 18.01 Assignments ............................................................................ .............................45 Section 18.02 Successors and Assigns ......................................................... .............................46 Section18.03 Notices ..................................................................................... .............................46 Section 18.04 Applicable Law and Construction ............................................ .............................47 Section 18.05 Venue; Submission to Jurisdiction .......................................... .............................47 Section 18.06 Estoppel Certificates ................................................................ .............................48 Section 18.07 Complete Agreement; Amendments ....................................... .............................48 Section18.08 Captions ................................................................................... .............................49 Section18.09 Holidays ................................................................................... .............................49 Section18.10 Exhibits .................................................................................... .............................49 Section18.11 No Brokers ............................................................................... .............................49 Section 18.12 Not an Agent of City ................................................................ .............................49 First Amended Development Agreement ADOPTED Page iii PINELLAS COUNTY FLA. OFF , REC . BK 12 189 PG 2202 Section 18.13 Memorandum of Development Agreement ..... Section 18.14 Public Purpose ................. ............................... Section 18.15 No General Obligation ...... ............................... Section 18.16 Other Requirements of State Law ................... Section 18.17 Technical Amendments, Survey Corrections.. Section 18.18 Term; Expiration; Certificate ............................ Section 18.19 Approvals Not Unreasonably Withheld............ Section 18.20 Effective Date ................... ............................... ........................ .............................49 ........................ .............................49 ...... ............................... ............49 ........................ .............................50 ...................... ............................... 50 ........................ ...............:.............50 ..................... ............................... 51 ...................... ..............:..............51 EXHIBITS PINELLAS COUNTY FLR, OFF , REC , BK 12189 PG 2203 Legal Description of Controlled Property ...................... ............... A .................................. ............................... ProjectDescription ......................................................................................................... ............................... B ProjectSite ......... ............................... ............................................................................ ............................... C Project and Interim Project Development Schedule ...................................................... ............................... D Covenant Trip Generation Management Program ........................................................ ............................... E Covenant Regarding Hurricane Watch Closure ............................................................ ............................... F List of Required Permits & Approvals .............................. ............................................................................. G PublicImprovements ..................................................................................................... ............................... H AppraisalInstructions ....................................................................................................... ..............................I Caf6Seating .................................................................................................................... ............................... J Covenantof Unified Use ................................................................................................. ............................... K LicenseAgreement ................................................................................................. ..............................L InterimProject ........................................................................:........................................ ..............................M LeaseAgreement ........................................................................................................... ..............................N PINELLRS COUNTY FLA. OFF . REC . 8K 12189 PG 2204 This First Amended Agreement for Development of Property (the "Agreement ") .is made as of this day of , 2002 Mar-s1, by and between THE CITY OF CLEARWATER,6PLORIDA, a Florida municipal corporation (the "City "), and CLEARWATER SEASHELL RESORT, L.C., a Florida limited liability company (the "Developer "). WITNESSETH: WHEREAS, the City of Clearwater has embarked on a community revitalization effort for Clearwater Beach; WHEREAS, one of the major elements of the City's revitalization effort is a preliminary design for the revitalization of Clearwater Beach entitled Beach by Design; WHEREAS, Beach by Design identifies a need for additional public parking on Clearwater Beach; WHEREAS, Beach by Design calls for the removal and replacement of surface parking spaces located to the west of South Gulfview to the south of Pier 60 Park; WHEREAS, the City has adopted Beach by Design pursuant to the Pinellas Planning Council's Rules in support of the City's Comprehensive Plan; WHEREAS, Clearwater Seashell Resort, L.C. proposes has proposed to develop a mixed use project on certain property fronting on South Gulfview (the "Project Site ") and has proposed to include at least seven hundred and fifty (750) parking spaces of which at least four hundred (400) spaces shall be open to the public; WHEREAS, it is necessary that the City take certain actions in order to make it possible for Clearwater Seashell Resort, L.C. to develop the Project Site in accordance with the goals and objectives of Beach by Design; WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 F. S. and applicable law; WHEREAS, the City has determined that as of the Effective Date of this Agreement, the proposed development is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, at a duly called public meeting on March 1,2001, the City Commission approved the t#is Agreement, and autheFized and diFerted -f the Gity; First Amended Development Agreement ADOPTED Page 2 PINELLAS COUNTY FLA. OFF.REC.8K 12189 PG 2205 WHEREAS, the City and Developer entered into a Development Agreement for development of real property in the City of Clearwater dated March 13, 2001 ( "Agreement "); WHEREAS, the Agreement contained a prerequisite of adoption of modification to the Comprehensive Plans for the City and for Pinellas County ( "Plan Modifications ") which have been undertaken and approvedl WHEREAS, it is necessary to enter into this First Amended and Restated Development Agreement in order to remove conditions which have been met, provide for the interim parking, extend the time frames for Development of the Proiect, and provide for purchase of the Project Site by the City WHEREAS, the anticipated proiect described in the Agreement has not been commenced, by virtue of a turn down in the economic condition for the tourist industry, acts of terrorism and war, and further by litigation undertaken by an adioininq property owner, such matters being recognized by the City as temporarily delaying commencement of the Project; WHEREAS the Developer has presented to the City herewith an interim plan for development of the Project site as surface parking which will extend the development opportunity and further benefit the City in implementation of Beach By Design; WHEREAS, the City has conducted public hearings as required by § 4- 206 and 4 -606 of the Community Development Code; WHEREAS, at a duly called public meeting on August 22, 2002, the City Commission approved this First Amendment to the Agreement and authorized and directed its execution by the appropriate officials of the City; WHEREAS, implementation of the interim plan as development of the Project site as a temporary parking lot ( "Interim Development Plan ") would give the City the option of going forward with the proposed design permitting and construction of Beach Walk, in accordance with the overall timeline established for completion of the Memorial Causeway Bridge and Mandalay improvements all of which are currently under construction; WHEREAS, approval of the Interim Development Plan is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and furtherance of the objectives of Beach By Design; and WHEREAS, the members of Clearwater Seashell Resort, L.C. have approved this First Amended Agreement and has authorized certain individuals to execute this First Amended Agreement on its behalf; First Amended Development Agreement ADOPTED Page 3 PINELLAS COUNTY FLR OFF.REC.8K 12189 PG 2206 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: ARTICLE 1. DEFINITIONS. 1.01. Definitions. The terms defined in this Article 1 shall have the following meanings except as herein otherwise expressly provided: 1. "Agreement" means this First Amended and Restated Agreement for Development of Property including any Exhibits and any amendments thereto. 2. "Beach by Design" or "Plan" means the strategic redevelopment plan for Clearwater Beach dated 2001 which was adopted by the City Commission pursuant to the provisions of the Pinellas County Planning Councils Rules for the designation of a Community Redevelopment District. 3. "City" means the City of Clearwater, Florida, a Florida municipal corporation. 4. "City Commission" means the governing body of the City. 5. "Commencement Date" means the date on which Developer commences or causes a Contractor to commence construction (see' Section 5.05(12)). 6. "Completion Date" means the date on which the last certificate of occupancy required for the Project is issued. 7. "Construction Completion" means the date a Construction Completion Certificate is issued (see Section 7.03). 8. "Controlled Property" means those properties within the Project Site which have been purchased by or are subject to a purchase contract in favor of the Developer or an affiliate or nominee on the Effective Date of this Agreement (see Section 5.01) which are more particularly described in the legal description set out in Exhibit A to this Agreement. 9. "Developer" means, for the purposes of this Agreement, Clearwater Seashell Resort, L.C. and its successors and assigns as provided in Article 18. 10. "Effective Date" means the date of approval and execution of the this Development Agreement. 11. "Exhibits" means those agreements, diagrams, drawings, specifications, instruments, forms of instruments, and other documents. attached herete and designated as exhibits to, and incorporated in and made a part of, the this First Amended Development Agreement ADOPTED Page 4 PINELLAS COUNTY FLA. OFF . REC . BK 12189 PG 2207 Development Agreement dated March 13, 2001. All such exhibits are hereby incorporated by referenced as exhibits hereto. 12. "Garage Access Improvements" means the pedestrian overpass, landing, arcade, elevated sidewalk, and facilities to provide concessions along the western facade of the Project which are proposed in conjunction with the development of at least four hundred (400) parking spaces as a part of the Project which are to be available to the general public and to be owned by the City, as more particularly described on Exhibits H and L. 13. "Interim Project" means a surface parking lot as provided in Exhibit M. 14 43. "Meeting Space" means any building floor area which can be used in conjunction with conference or meeting activities. 15 44. "Net Cost of South Gulfview and Beach Walk Improvements" means the total cost of the improvements, including debt service, fees, and return on equity, net of: a) any impact fee credits credited against the cost of the improvements, and b) any other funding made available by or through the City which are not generated by the Project. 16 4-5. "Net increase in taxes" means that increase in revenues above the amount in either municipal ad valorem taxes or utility taxes paid by the owner of the Controlled Property as of the Effective Date of this Agreement. 17 4-6. "Permits" means all land development approvals and consents required to be granted, awarded, issued, or given by any governmental authority in order for construction of the Project, or any part thereof, to commence, continue or be completed. 18 4-7. "Plans and Specifications" means, as to each part of the Project to be developed, the site plan for the Project to be developed, filed with the City as required by the Land Development Regulations for the purpose of review and approval. 19 4-8. "Project" means, collectively, the concept of development for a resort hotel proposed by*the Developer as described in Section 2.03(1) of this Agreement and the preliminary plans which are attached hereto as Exhibit B. 20 4-9. "Project Site" means the land area generally bounded by the western edge of the right -of -way of Coronado Street, on the north by the southern boundary of the Golden Sands Motel property, sometimes referred to as the "Spyglass property ", on the south by the northern boundary of the property popularly known as the "Legends property," and on the west by the centerline of South Gulfview, which is more particularly described and depicted on Exhibit C (see Section 5.02). First Amended Development Agreement ADOPTED Page 5 PINELLRS COUNTY FLR. OFF . REC . SK 12189 PG 2208 21 20. "South Gulfview and Beach Walk Improvements" means the proposed realignment of South Gulfview and the construction of a thirty -five (35) foot wide promenade, a fifteen (15) foot bicycle /skating path, a fifteen (15) foot beachfront pedestrian path, fifty (50) paid surface parking spaces and associated landscaping from the northern edge of the right -of -way of First Street to a line which represents an extension of the southern wall of the South Beach Pavilion eastward to the eastern boundary of the existing right -of -way of South Gulfview, as more particularly shown on Exhibit H. 22 24. "Termination Date" means the date a termination certificate is issued pursuant to Article 12. 23 22. "Termination for Cause" means a termination which results from an uncured , material breach of the Agreement. 24 23. "Unavoidable Delay" means a delay as described in Article 15 hereof. 25 24. "Vacation of Rights -of -Way" means the abandonment of the right -of -way of Third Street between the right -of -way of Coronado and the centerline of the existing right- of -way of South Gulfview and the eastern half of the existing right - of -way of South Gulfview within the Project Site by the City in favor of Developer, in order that the goals and objectives of the Comprehensive Plan may be better accomplished. 1.02. Use of Words and Phrases. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural as well as the singular number, and the word "person" shall include corporations and associations, limited liability corporations and partnerships, including public bodies, as well as natural persons. "Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to this Agreement and not solely to the particular portion thereof in which any such word is used. 1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (2000), as amended from time to time. ARTICLE 2. PURPOSE AND DESCRIPTION OF PROJECT. 2.01. Finding of Public Purpose and Benefit. The proposed Project, including the acquisition of the Controlled Property by the Developer and the design, construction, completion and operation of the Project, and each part thereof, is hereby found by the parties hereto: (1) to be consistent with and in furtherance of the objectives of the Comprehensive Plan of the City of Clearwater, (2) to conform to the provisions of Florida law, (3) to be in the best interests of the First Amended Development Agreement ADOPTED Page 6 PINELLAS COUNTY FLA. OFF,REC.BK 12189 PG 2209 citizens of the City, (4) to further the purposes and objectives of the City, (5) to further the public interest on Clearwater Beach, and (6) to implement Beach by Design for South Gulfview, including the removal of parking from the dry sand beach, implementation of the South Gulfview and Beach Walk Improvements and the Garage Access Improvements to be constructed as a part of the Project. 2.02. Purpose of Agreement. The purpose of this Agreement is to further the implementation of Beach by Design by providing for the development of the Project Site and the construction of certain public improvements, all to enhance the quality of life, increase employment and improve the aesthetic and useful enjoyment of Clearwater Beach and the City, all in accordance. with and in furtherance of the Comprehensive Plan of the City of Clearwater and as authorized by and in accordance with the provisions of Florida law. 2.03. Scope of the Project. 1. The Project shall only include public parking, private parking, resort hotel 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. When all FequiFed approval 0 nrluding designation of tThe Project Site is as 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_ have bee^ granted by the , tThe intensity of permitted use on the Project Site shall be: Public parking -at least 400 spaces Private parking -at least 350 spaces Hotel- 250 units including up to 20,000 square feet of Meeting Space Retail -not more than 50,000 square feet of floor area First Amended Development Agreement ADOPTED Page 7 Isiffim - - - -i- - - - • • • _ • • - - - • • _ _ .. u - • V=17 _ • TJICr.T. • _ - - .. _ • _ . _ First Amended Development Agreement ADOPTED Page 7 PINELLRS COUNTY FLA. OFF . REC . BK 12 189 PG 2210 2. Nothing shall preclude the Developer from developing or operating all or portions of the Project elements using any ownership format permitted under Florida Statutes including individual ownership formats. 3. Up to twenty -five percent (25 %) of the hotel units may be suites with kitchens, including all typical kitchen equipment and amenities. 4. Notwithstanding any other provision of this Agreement, no occupancy in excess of thirty (30) days per stay shall be permitted in any unit which is developed as a part of the Project. 5. As a condition of the allocation of bonus hotel units pursuant to the designation of Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council's Rules, the Developer shall comply with each of the standards established in Beach by Design, including: a. The resort hotel which is a part of the Project shall provide a full range of on and off site amenities for the guests of the resort, including a full service restaurant, room service, valet parking, exercise facilities, pool, and meeting areas and access to boating, fishing and golf off- site. Off site amenities may be provided through a concierge service. b. The resort hotel which is a part of the Project shall be operated as a Marriott Resort or other comparable national or international "flag" or brand or as part of another comparable marketing affiliation or program which will ensure the repositioning of Clearwater Beach as a national and international resort destination. C. Prior to the issuance of a certificate of occupancy for the resort hotel which is a part of the Project, the Developer shall record a covenant and restriction which is enforceable by the City, First Amended Development Agreement ADOPTED page 8 - -- WNW~ - - .. .. .W - - - EM Maf" • WI - - 2. Nothing shall preclude the Developer from developing or operating all or portions of the Project elements using any ownership format permitted under Florida Statutes including individual ownership formats. 3. Up to twenty -five percent (25 %) of the hotel units may be suites with kitchens, including all typical kitchen equipment and amenities. 4. Notwithstanding any other provision of this Agreement, no occupancy in excess of thirty (30) days per stay shall be permitted in any unit which is developed as a part of the Project. 5. As a condition of the allocation of bonus hotel units pursuant to the designation of Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council's Rules, the Developer shall comply with each of the standards established in Beach by Design, including: a. The resort hotel which is a part of the Project shall provide a full range of on and off site amenities for the guests of the resort, including a full service restaurant, room service, valet parking, exercise facilities, pool, and meeting areas and access to boating, fishing and golf off- site. Off site amenities may be provided through a concierge service. b. The resort hotel which is a part of the Project shall be operated as a Marriott Resort or other comparable national or international "flag" or brand or as part of another comparable marketing affiliation or program which will ensure the repositioning of Clearwater Beach as a national and international resort destination. C. Prior to the issuance of a certificate of occupancy for the resort hotel which is a part of the Project, the Developer shall record a covenant and restriction which is enforceable by the City, First Amended Development Agreement ADOPTED page 8 PINELLAS COUNTY'FLR. OFF.REC.BK 12.1BS PG 2211 substantially in accordance with Exhibit E, limiting the use and operation of the resort, which is enforceable by the City, obligating the Developer to develop, implement and operate, at all times when the resort hotel is open, a Trip Generation Management Program which shall include the provision of non - private automobile access to and from the resort which shall include at least an airport shuttle and resort- provided transportation to off -site amenities and attractions. d. Prior to the issuance of a building permit authorizing the construction of the resort hotel units, the. Developer shall record a covenant and restriction which is enforceable by the City, substantially in accordance with Exhibit F, on the use and operation of the resort, which is enforceable by the City, that obligates the Developer to close and vacate all persons (except for emergency personnel required to secure and protect the facilities) from the resort hotel within twelve (12) hours after the issuance of a hurricane watch by the National Hurricane Center which includes Clearwater Beach. 6. Interim Project Prior to the development of the Project the Developer is authorized to construct an Interim Project consisting of a surface parking lot under the terms and conditions described herein. 2.04. Cooperation of the Parties. The City and the Developer recognize that the successful development of the Project and each component thereof is dependent upon the continued cooperation of the City and the Developer, and each agrees that it shall act in a reasonable manner hereunder, provide the other party with complete and updated information from time to time, with respect to the conditions such party is responsible for satisfying hereunder and make its good faith reasonable efforts to ensure that such cooperation is continuous, the purposes of this Agreement are carried out to the full extent contemplated hereby and the Project is designed, constructed, completed and operated as provided herein. ARTICLE 3. REGULATORY PROCESS. 3.01. Land Development Regulations. 1. Land Use Designation. The Project Site is designated Tourist District in the City's land Development Regulations. 2. Amendments to Comprehensive Plan & Land Development Regulations. The City has agFees to initiate an amended went to the Comprehensive Plan of the City of Clearwater to First Amended Development Agreement ADOPTED Page 9 PINELLAS COUNTY FLA. OFF.REC.8K 12189 PG 2212 update the Plan to recognize the Goals and Objectives set forth in Beach by Design and has to take all steps RGGessary to designated Clearwater Beach as a Community Redevelopment District in accordance with Beach by Design pursuant to Pinellas County Planning Council Rules; arid, -ire— the —event this �'�gnatiO is ebtaiRed, the City allocated an additional one hundred eighty -five (185) hotel units, for a total of two hundred fifty (250) hotel units to the Project Site in accordance with applicable law. 3.02 Development Approvals and Permits. 1. Applications for Development Approval. The Developer shall prepare and. submit to the appropriate governmental authorities, including the City, applications for approval of all plans and specifications necessary for the Project, and shall bear all costs of preparing such applications, applying for and obtaining such permits, including payment of any and all applicable application, inspection, regulatory and impact fees or charges, subject to the provisions of Section 5.05(5). The City shall, to the extent possible, expedite review of all applications, inGIWdiRg foundation permits. A list of all permits and approvals required to implement the provisions of this Agreement is attached as Exhibit G. The failure of this Agreement to address a particular permit, condition, or term of restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 2. Schedule. A Project Development Schedule is attached to this Agreement as Exhibit D that identifies specific tasks to be completed through the entire Project, nstallatiOR of pilings. 'Ad-heren-e to the GG119-d-1-118 Will enable the Develepe 3. City Cooperation and Assistance. The City shall cooperate with the Developer in obtaining all necessary Permits required for the construction, completion and opening for business of the Project. If requested by the Developer and authorized by law, the City will join in any application for any Permit, or, alternatively, recommend to and urge any governmental authority that such Permit or Permits be issued or approved. 4. City Authority Preserved. The City's duties, obligations, or responsibilities under any section of this Agreement, specifically including, but not limited to, this Section 3.02, shall not affect the City's right, duty, obligation, authority and power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations. Notwithstanding any other provision of this Agreement, any required permitting, licensing or other regulatory approvals by the City First Amended Development Agreement ADOPTED Page 10 PINELLRS COUNTY FLR. OFF . REC . BK 12189 PG 2213 shall be subject to the established procedures and substantive requirements of the City with respect to review and permitting of a project of a similar or comparable nature, size and scope. In no event shall the City, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals except through its established procedures and in accordance with applicable provisions of law. 5. Impact Fees. The City shall use its best efforts to secure or provide any lawfully available credits against impact fees applicable to the Project which are authorized under existing laws and regulations for public improvements constructed and paid for by the Developer. In the event that the City is unable to secure a credit against any impact fees, the City shall use its best efforts, within the limits of the applicable law, to allocate impact fees collected from the Developer to the public improvements which are described in Exhibit H to this Agreement or other improvements in the immediate vicinity of the Project Site. The Interim Protect shall not be subject to transportation impact fees. 6. The Interim ft ec . The Interim Project development schedule is attached hereto and made a part hereof as Exhibit D. 3.03. Concurrency. 1. Concurrence Required. The parties hereto recognize and acknowledge that Florida law (specifically, Part II, Chapter 163, Florida Statutes, and Rule 9J- 5, Florida Administrative Code, collectively the "Growth Management Act ") imposes restrictions on development if adequate public improvements are not available concurrently with that development to absorb and handle the demand on public services caused by development. The City has created and implemented a system for monitoring the effects of development on public services within the City. The Developer recognizes and acknowledges it must satisfy the concurrency requirements of Florida law and the City's regulations as applied to this Project. 2. Reservation of Capacity. 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 March 6, 2006 fer Agreed -and that such period shall be automatically extended for an additional three (3) years if the Developer commences construction by March 6, 2006 within the initial three (3) yea First Amended Development Agreement ADOPTED Page 11. PINELLAS COUNTY FLA. OFF.REC.BK 12189 PG 2214 period. The City recognizes and acknowledges that the Developer will rely upon such reservation in proceeding with the Project. 3. Required. Public Facilities. In addition to the obligations of the City and the Developer set out in Article 5 of this Agreement, the Water Utilities Department of the City will provide potable water service and sanitary sewer service to the Project. ARTICLE 4. PLANS AND SPECIFICATIONS. 4.01. Plans and Specifications. 1. Responsibility for Preparation of Plans and Specifications. The Developer shall be solely responsible for and shall pay the cost of preparing, submitting and obtaining approval of the Plans and Specifications' for the Project and Interim Project. 2. Use of Qualified Professionals. The Developer shall retain qualified professionals to prepare the Plans and Specifications and shall cause such professionals to prepare the Plans and Specifications. 3. Approval of Plans and Specifications for the Parking Spaces Which Are To Be Available to the Public. In order to ensure that the design of the parking spaces which are to be available to the public will achieve the City's purpose in making parking available on Clearwater Beach, the Plans and Specifications for the Project shall be submitted to the City for review and comment prior to the submission of any application for a building permit, other than a foundation permit. The City agrees to diligently proceed with and complete its review of the Plans and Specifications, and respond to the Developer as soon as reasonably possible after receipt thereof and advise the Developer in writing of the City's comments and objections, if any, thereto. The City shall notify the Developer in writing within thirty (30) days of receipt that the Plans and Specifications have or have not been approved, and in the case of disapproval, the specific reason(s) for such disapproval. If the Plans and Specifications submitted to the City by the Developer substantially comply with this Agreement and further the purposes of the Comprehensive Plan, the City shall approve the Plans and Specifications as submitted. ARTICLE 5. PROJECT DEVELOPMENT. First Amended Development Agreement ADOPTED Page 12 P INELLAS COUNTY FLA. OFF.REC.BK 12189 PO 2215 5.01. Ownership of Project Site. The Developer is the owner of or the contract purchaser of certain parcels of land within the Project Site which are more particularly described in Exhibit A to this Agreement ( "Controlled Property "). 5.02. Project Site. The Project Site consists of those properties located in an area which is bounded by the western right -of -way of Coronado Street, on the north by the southern boundary of a parcel of land generally known as the Golden Sands Motel property, on the south by the northern boundary of a parcel of land generally known as the "Legends" property, and on the west by the centerline of South Gulfview as more particularly described in Exhibit C. 5.03. City's Option to Purchase. 1. Parkinq in the Project. At any time within five (5) years after the issuance of a certificate of occupancy for the parking spaces within the Project which are to be available to the public, in the event that the City determines that the parking rates charged by the Developer for the parking spaces which are available to the public are unreasonable, which for the purposes of this Paragraph shall be two and thirty five one hundredths (2.35) times the parking rate necessary to cover debt service required to publicly construct a comparable parking space, the City shall have the option to purchase the parking spaces which are to be available to the public from the Developer, in the form of a condominium ownership, at the fair market value of . the spaces at the time the City exercises its option. The fair market value of the parking spaces shall be determined by appraisal of the property pursuant to the appraisal instructions attached hereto as Exhibit I. 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 parking spaces. 2. The Controlled Properly. In the event the Developer fails to commence construction by March 6, 2006, the City agrees to purchase the Controlled property as described in Exhibit A at fair market value but First Amended Development Agreement ADOPTED Page 13 PINELLAS COUNTY FLA. OFF , REC , 9K 12189 PG 2216 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 (185 hotel units) provided in the Development Agreement. The appraisal of the Controlled Property 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 Controlled Property with existing buildings and existing sixty -five (65) 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. 5.04. City's Obligations. 1. Vacation of Rights -of -Way. The DevelepeF shall apply f9F a The City Commission has shall GansideF the adeptiOR a adopted an ordinance vacating the right- of -way of 3rd Street between Coronado Avenue and the centerline of the existing right -of -way of South Gulfview Drive and the eastern half of the existing right -of- way of South Gulfview Drive included within the Project Site, as depicted on Exhibit H. The vacation is conditioned on the construction of the Proiect The City Commission hereby extends the time for compliance with the ordinance by 18 months. 2. Beach By Design Density Pool. The City agrees to consider extending the Density Pool expiration time by 18 months to December, 2007. 32-. Road and Sidewalk Improvements. The City shall take all actions necessary to allow for the re- alignment of South Gulfview Drive between 151 Street and the Adams Mark Resort and the implementation of the South Gulfview and Beach Walk Improvements, as shown on Exhibit H. South Gulfview Drive, as re- aligned, shall be traffic calmed to control speed. First Amended Development Agreement ADOPTED Page 14 PINELLAS COUNTY FLA. OFF . REC .13K 12 189 PG 2217 43. Parking Garage. In the event that the City exercises its option to purchase public parking spaces as provided in Section 5.03 of this Agreement, not less than forty percent (40 %) of the parking spaces located on the first two levels of the garage shall be designated as public spaces and such spaces to be conveyed shall be located in discrete areas which are reasonably accessible to the point or points of access to the beach. 54. Permits. The City will cooperate and coordinate with the Developer with regard to all permit applications, including those to state agencies, and will facilitate or expedite, to the greatest extent possible, the permit approval process. 65. Authority for Cafe Seating. The City shall consider the adoption of a regulation authorizing the use of portions of the west thirty -five (35) feet of the South Gulfview Drive right -of -way existing on the Effective Date of this Agreement for outdoor cafe seating and associated activities in accordance with the terms of Exhibit J, provided that such activities shall not interfere with the use of the west half of the thirty -five (35) feet of the existing right -of- way of South Gulfview Drive for pedestrian and vehicular movement in accordance with the provisions of Beach by Design, including the intra -beach transit system proposed in Beach by Design. 76. Garage Access Improvement Approval. The City shall grant the Developer the authority to construct the Garage Access Improvements and associated pedestrian facilities extending from the Project Site across the re- aligned South Gulfview Drive to public land, as shown on Exhibit H. 87. Concessions, The City shall grant the Developer authority to operate concessions on land to the west of the existing centerline of South Gulfview Drive, 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 L. 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, chairs, and other beach gear required to operate a first -class beach hotel. Such facilities shall be built into the beach landing portion of the pedestrian overpass, as more particularly depicted on Exhibit H. First Amended Development Agreement ADOPTED Page 15 PINELLAS COUNTY FLA. OFF.REC.BK 12189 PG 2218 98. Removal of Parking. In conjunction with the Project, the City agrees to the removal of the off - street parking spaces which are located on the beach between the concession building located between 3rd and 5th Streets and the Pier 60 lot (approximately 317 spaces). The new design for the realignment of South Gulfview Drive and the South Gulfview and Beach Walk Improvements, as described in Exhibit H, includes two (2) parking areas of twenty -five (25) parking spaces each on the east side of the re- aligned road. 100. Approval of Plans and Specifications for the South Gulfview and Beach Walk Improvements. The City shall DevelopeF is obligated to prepare Plans and Specifications for the South Gulfview and Beach Walk Improvements. At least thiFty (30) days pFior to applying fbF-a . The City shall rp ovide drafts of such plans to the Developer for review and comment. prompt', sUGh plans and pFevide GommeRts and of Feeeipt -. The City Develepef shall consider iRGOrperate the Developer's G44 comments and recommended changes in the Plans within —thiFt -(300) days after submi6siee of ts.e Plans a to Fevet:Rents. 1140. Public Financing of Public Improvements. Subject to agreement and request by the Developer, the City shall provide the Developer with financing, to the extent permitted by law without a referendum, provided that such debt will be serviced only by special revenues generated by the Project. The maximum amount of the financing shall depend on the final design of the South Gulfview and Beach Walk Improvements and the net cost of construction. The cost of the South Gulfview and Beach Walk Improvements shall be net of any credits against impact fees which are available under existing law and the Developer's fair share of the South Gulfview and Beach Walk Improvements. The City agrees to make the following sources of revenue available for debt service of any public financing for the South Gulfview and Beach Walk and Garage Access Improvements: a. Net operating income from the fifty (50) new parking spaces created as a part of the South Gulfview and Beach Walk Improvements; and First Amended Development Agreement ADOPTED Page 16 PINELLRS COUNTY FLR, OFF,REC.BK 12199 PG 2219 b. Fifty percent (50 %) of the net increase in municipal ad valorem taxes and utility taxes generated by the Project. 1244. Timely Completion. The City recognizes the public importance of the timely completion of the proposed improvements, and time is deemed to be of the essence. The City considers this Agreement as overall authority for the Developer to proceed to permit, and agrees to implement a fast -track review, permitting, and inspection program for this Project. 134-2. Additional Public Parking, The City agrees that the City will not use public funds to provide more than three hundred (300) additional parking spaces (net increase in the number of spaces above the number of public parking spaces in existence on the effective date of this Agreement) which are available for use by the public within a radius of a quarter -mile of the Project Site for a period of five (5) years after the issuance of a certificate of occupancy for the Project, unless otherwise agree to by the Parties. 5.05. Obligations of the Developer. Resort Hotel and Parking Garage Project. The Developer shall build and operate a two hundred and fifty (250) room resort hotel to be operated as a Marriott resort or other comparable international hotel /resort management company together with a parking garage containing at least seven hundred and fifty (750) parking spaces. In the event that the Developer determines to operate the resort hotel under a different "hotel /resort" name, the Developer shall obtain the City's approval, which shall not be unreasonably withheld, providing that the reputation and- qualifications are comparable to the Marriott organization. The parking spaces shall be no narrower than nine (9) feet and no shorter than eighteen (18) feet, and no two -way aisle shall be less than twenty five (25) feet in width. 2 Responsibility for On -Site Costs. The Developer shall be responsible for all on -site costs relative to the development of the Project, including the parking spaces which are required to be open to the public. 3 Parking. The Developer agrees to make at least four hundred (400) parking spaces within the Project available to the general public within the parking garage. The Developer may charge the public for use of the parking spaces which are available to the general public on terms and rates which are market -based and commensurate with terms and rates which are in effect for comparable beachfront, covered parking structures in Florida resort areas. First Amended Development Agreement ADOPTED Page 17 PINELLRS COUNTY FLA. OFF.REC.BK 12189 PO 2220 4 South Gulfview and Beach Walk and Garage Access Improvements. The Developer shall be responsible for the design and construction of the South Gulfview and Beach Walk and Garage Access Improvements. 5 Cost of South Gulfview and Beach Walk and Garage Access Improvements. The Developer shall be responsible for funding the total cost of the South Gulfview and Beach Walk and Garage Access Improvements, subject only to the following: a. In the event that impact fee credits are available to the Developer, such credits shall be credited to the Developer against the cost of the South Gulfview and Beach Walk Improvements. 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 FSGBW = Total Frontage along South Gulfview and Beach Walk Improvements CSGBw = Net Cost of South Gulfview-and Beach Walk Improvements 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 a pro rata share of the cost of the South Gulfview and Beach Walk Improvements as a condition of development approval. The pro rata share shall be equal to the total cost of the 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. First Amended Development Agreement ADOPTED Page 18 PINELLRS COUNTY FLR. OFF.REC.BK 12189 PG 2221 SPR = (F PROJ/F SGBW) x (CSGBW) SPR = Pro Rata Share FPROJ = Frontage of Project Site FSGBW = Total Frontage along South Gulfview and Beach Walk Improvements CSGBW = Net Cost of South Gulfview and Beach Walk Improvements The pro rata share paid by any such other developer shall be promptly applied to the outstanding principal on - any indebtedness incurred to fund the South Gulfview and Beach Walk Improvements. d. The net operating income from the fifty (50) surface parking spaces which are constructed as a part of the South Gulfview and Beach Walk Improvements shall be available to repay the Net Cost of the South Gulfview and Beach Walk Improvements and the Garage Access Improvements, for a period of time not to exceed twenty -five (25) years. e. The City shall make an amount available equal to fifty percent (50 %) of the net increase in municipal ad valorem and utility taxes above the ad valorem and utility taxes generated y the improvements existing on the Project Site on the Effective Date of this Development Agreement to repay any private indebtedness incurred to repay the Net Cost of the South Gulfview and Beach Walk Improvements and the Garage Access Improvements, for a period of time not to exceed twenty -five (25) years. f. The incremental utility tax, a portion of which is to be made available to service the debt incurred to construct South Gulfview and Beach Walk Improvements and the Garage Access Improvements, shall be the increase in utility taxes above the amount of annual utility taxes paid by the owners of the existing improvements on the Project Site in the twelve (12) months preceding the Effective Date of this Agreement, as documented by the Developer. In the event that the Developer fails, for any .reason, to document the annual utility taxes paid by the owners of the existing improvements on the Project Site in the twelve (12) months preceding the Effective Date of this Agreement, the incremental utility tax which is to be made available to service the debt incurred to construct South Gulfview and First Amended Development Agreement ADOPTED Page 19 PINELLRS COUNTY FLA. OFF.REC,BK 12199 PG 2222 Beach Walk Improvements and the Garage Access Improvements shall be the increase in utility taxes above the amount of annual utility taxes paid by the Developer during the first year of operation of the Project, which amount shall be provided to the City within thirty (30) days after the end of the first year of operation. 6. Financing of Improvements a. In the event that the public financing provided for in Paragraph 10 of Section 5.04 of this Development Agreement is, for any reason, unavailable to fund any portion of or all of the Net Cost of the South Gulfview and Beach Walk Improvements and the Garage Access Improvements, the Developer shall provide the financing required to fund the total cost of the improvements. b. In the event that public financing is available for all or a portion of the Net Cost of the South Gulfview and Beach Walk Improvements and the Garage Access Improvements, and the Developer provides additional financing pursuant to this paragraph, the Developer shall be entitled, for a period of not more than twenty -five (25) years, to receive an annual payment equal to fifty percent (50 %) of the additional incremental ad valorem taxes plus the difference between fifty percent (50 %) of the incremental utility tax generated by the Project and the amount required to service the public debt. 7. Other Improvements. The City shall have an option to require the Developer to include the portions of the Additional South Gulfview and Beach Walk Improvements which are described in Exhibit H on a "turn key" basis, provided that the City pays all costs of such share of the South Gulfview and Beach Walk Improvements, including reasonable developer's fees. The City's option period shall be for a term of twelve (12) months from the Effective Date of this Agreement. If the City declines to exercise .its option and its twelve (12) months option period expires, then, upon written notice to the City within thirty (30) days after the expiration of the option, the Developer may elect to fund and construct these improvements, and then include the cost of the additional improvements in the South Gulfview and Beach Walk Improvements financing. 8. Covenant of Unified Use. The Developer hereby agrees to execute the covenant of unified use and development for the Controlled Property providing that the Controlled Property shall be developed as a single project and operated and used as a unified mixed use First Amended Development Agreement ADOPTED Page 20 PINELLAS COUNTY FLA. OFF.REC.BK 12189 PG 2223 project, which is attached as Exhibit K; provided however, that nothing shall preclude the Developer from selling all or a portion of the Controlled Property in a condominium form of ownership. 9. Quality and Value. The Developer shall design and construct the South Gulfview and Beach Walk Improvements described in Exhibit H as a high quality product in keeping with Beach by Design and the Seashell /Marriott design, subject only to a final budget which the Parties agree is approximately three million five hundred thousand dollars ($3,500,000.00) for the South Gulfview and Beach Walk Improvements not including the Additional South Gulfview Improvements to the south of the beach concession building, as depicted as Phase B in Exhibit H ( "Additional South Gulfview Improvements "). 10. Proiect Obligations. The Developer agrees to carry out the redevelopment of the Project Site by completing the purchase of all of the Controlled Property, preparing project plans and specifications, obtaining approvals by governmental authorities necessary for development of the Project, constructing various private improvements on the Project Site and operating the Project as a unified and integrated project. The Developer shall take all actions necessary to maintain control of the Project Site, until a certificate of occupancy is issued by the City. 11. Dedication of Right -of -Way. Prior to the issuance of a building permit, other than a foundation permit, authorizing the construction of the resort hotel units, the Developer shall dedicate ten (10) feet along the entire eastern boundary of the Project Site, including any land previously included within the right -of -way of Third Street to the City as additional right -of -way for Coronado Avenue. 12. Commencement of Construction. The Developer shall commence construction of the Interim Project within twelve (12) months of the Effective Date of this Agreement., The Developer shall commence construction of the Project by March, 2006, uniess the City shall have failed te gain approval of a Community Redevelopmen , or as soon thPr;i:;fttmr ;;S possible ;;ftAr thin thoFity fGr the Community and shall thereafter diligently pursue completion of the Project. 13. Construction and Performance Completion Bond, Prior to commencing construction of the South Gulfview and Beach Walk Improvements and the Garage Access Improvements, and, in the First Amended Development Agreement ADOPTED Page 21 PINELLRS COUNTY FLR. OFF.REC.BK 12189 PG 2224 event that the City exercises its option in regard to the Additional South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements, the Developer shall provide the City with a performance bond in a form acceptable to the City guaranteeing the completion of the South Gulfview and Beach Walk Improvements and the Additional South Gulfview Improvements. 14. The Developer shall construct the Interim Project and lease the same to the City per terms of the Interim Project Lease The Interim Proiect shall be completed by the Developer on or before twelve (12) months following full approval of same by the City. The City shall operate the Interim Project and shall receive all profits and /or losses as relates to such operations. The Interim Project shall terminate ninety (90) days after the Developer shall provide to City in writing a notice of Interim Proiect termination Upon receipt of such notice, the Interim Proiect Lease shall be terminated 15. Developer shall immediately conclude purchase of all of the Controlled Property and shall obtain commercial financing at Developer's expense and shall therewith commence and timely complete construction of the Interim Project. During such process Developer shall prepare Interim Project plans and specifications and shall obtain approvals of all governmental authorities as necessary for development of the Interim Project. The Developer shall take all actions necessary to maintain control of the Proiect site during construction of the Interim Proiect until a certificate of completion shall have been issued by the City, and the City shall have taken possession of the Project site pursuant to the Interim Project Lease. ARTICLE 6. PROJECT FINANCING. 6.01. Notice of Project Financing to City. As soon as the Developer shall have obtained any financing for any portion of the Project, the Developer shall provide the City with a sworn statement identifying the Project Lender(s) and documenting the type of financing that the Project Lender(s) has issued in favor of the Developer for the Project. 6.02. Copy of Default Notice to City. The Developer covenants and agrees. that any Project Construction Financing documents shall include provisions which provide that in the event any Project Financing shall become due and payable by maturity or acceleration, the Project Lender shall give written notice thereof to the City by certified mail, return receipt requested. Such notice from the Project Lender to the City shall state the First Amended Development Agreement ADOPTED Page 22 PINELLAS COUNTY FLA. OFF.REC.BK 12189 PG 2225 basis of the default by the Developer and shall include copies of any pleadings in any proceeding instituted by the Project Lender(s) incident thereto. 6.03. City Option to Pay Mortgage Debt or Purchase Project Following Commencement of Construction of Project. 1. Assignment of Mortgage. Any mortgage instrument pertaining to any portion of the Project Site in effect prior to issuance of the Construction Completion Certificate for such portion of the Project Site shall provide that following a failure of the Developer to repay any Project Financing which shall become due and payable by maturity or acceleration, the City is entitled, upon giving reasonable written 'notice to the Developer, the Project Lender(s) and any other holder of such a mortgage, to an assignment of the mortgage securing the Construction Financing by paying to the Project Lender an amount of money not to exceed a sum equal to the amount of money advanced by the Project Lender(s) to the Developer with respect to the Project Site, together with unpaid accrued interest on such amount, prepayment penalties, and all other accrued charges of the Project Lender(s) (including, without limitation, reasonable attorneys' fees incurred as a result of a default by the Developer under the Project Construction Financing). 2. Entitlement to Conveyance. If prior to the issuance of a Construction Completion Certificate, the ownership of any part of the Project located thereon has vested in a Project Lender(s) or any other person by foreclosure or any other action in lieu thereof, the City shall be entitled, at its election exercisable within sixty (60) days after the Project Lender(s) or other person obtains or receives title to the Project Site or part of the Project Site by notice to such Project Lender(s) or other person, to a conveyance of the Project Site or that part of the Project for which ownership has vested in the Project Construction Lender or other person to the City upon payment to the Project Lender(s) or other person of an amount not greater than the sum of (i) the larger of the money advanced by the Project Lender(s) or other person to the Developer with respect to that Parcel and due and owing at the time of the foreclosure or any other action in lieu thereof or the amount paid at foreclosure, less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings; (ii) all reasonable expenses of the Project Lender(s) or other person incurred in connection with the foreclosure of the Parcel or part of the Project; (iii) the expense, if any, incurred by the Project Lender(s) or other person in and as a direct result of the subsequent management of the Project; (iv) any prepayment First Amended Development Agreement ADOPTED Page 23 PINELLRS COUNTY FLR. OFF . REC . SK 12189 PG 2226 penalties and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amount had all such amounts become part of the money advanced by the Project Lender (s) or other person to the Developer with respect to the Project Site and such money advanced had continued to be due and owing; and less income resulting from the management of the Project subsequent to the termination of foreclosure proceedings or the date that the Project Lender(s) or other person obtained title to the Project Site by deed in lieu of foreclosure, whichever is the earlier. ARTICLE 7. CONSTRUCTION OF SOUTH GULFVIEW AND BEACH WALK IMPROVEMENTS AND GARAGE ACCESS IMPROVEMENTS. 7.01. Site Work. The Developer "shall be responsible for all site investigation, environmental testing, demolition and site clearing in regard to the construction of the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements in the event that the City exercises its option pursuant to Paragraph 5.05(7) 5:04(-1) of this Agreement and the Garage Access Improvements. 7.02. Construction. 1. Commencement. The Developer shall construct the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements in the event that the City exercises its option pursuant to Paragraph 5.05(7) 5:04(1x) of this Agreement, and the Garage Access Improvements, substantially in accordance with the Plans and Specifications therefor. The Developer shall commence construction by March 2006 withiR twelve (12) maRths afteF the FiffeGfive Date of this AgFeemen in accordance with Section 5.05(12), unless the Gity shall have failed te - - i __ __ - A-A 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 continued and diligently prosecuted toward completion of that part of the Project. First Amended Development Agreement ADOPTED Page 24 •- - -- - - • 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 continued and diligently prosecuted toward completion of that part of the Project. First Amended Development Agreement ADOPTED Page 24 PINELLAS COUNTY FLA. OFF.REC.8K 12189 PG 2227 b. All obligations of the Developer (including deadlines in the Commencement Date) with respect to commencement and continuation of construction in regard to the Sought Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements in the event that the City exercises its option pursuant to Paragraph 5.05(7) 5:04(1) of this Agreement and 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. 2. Pursuit of Construction. After the Commencement Date, the Developer shall continue, pursue and prosecute the construction of the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.05(7) 5:04(() of this Agreement, and the Garage Access Improvements with due diligence to completion, and shall not at any time actually or effectively have abandoned (or its Contractor having actually or effectively abandoned) the work. For purposes of this subsection (b), "abandoned" means to have ceased any construction work which effectively advances the construction of the work toward completion, including removing all or substantially all of the construction work force from the site of the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.05(7) 5.04(l) of this Agreement, and the Garage Access Improvements. 3. Payment of Contractors and Suppliers. The Developer shall promptly pay, or arrange to be paid, all moneys due and legally owing to all persons or organizations doing any work or furnishing any materials, fuel, machinery or supplies to the Developer or any Contractors in connection with construction of any part of the South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.05(7) 04(i) of this Agreement, and the Garage Access Improvements. 4. Maintenance of Construction Site. During the construction of the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.05(7) 04(1) of this Agreement, and the Garage Access Improvements, the Developer shall, at its own expense, keep the site of the South First Amended Development Agreement ADOPTED Page 25 P INELLAS COUNTY FLA . OFF,REC.8K 12189 PG 2228 Gulfview and Beach Walk Improvements, Gulfview and Beach Walk Improvements, in exercises its option pursuant to Paragraph Agreement, and the Garage Access Imprc clean order and condition, and the Develop all necessary or appropriate repairs, replay thereof, structural or nonstructural, ordir foreseen or unforeseen. All repairs, replac shall be equal in quality and class to the making such repairs, replacements or rer shall comply with all laws, ordinances, code applicable to that part of the South GuIA Improvements, the Additional South Gulfv Improvements, in the event that the Citfi the Additional South the event that the City 5.05(7) 5:9404 of this vements in good and �r shall promptly make ements and renewals ary or extraordinary, ements and renewals original work. When ewals, the Developer and regulations then iew and Beach Walk ew and Beach Walk exercises its nntinn pursuant to Paragraph 5.05(7) 5:04(x) of this Agreement, and the Garage Access Improvements. The Developer shall have the right, after written notice to the City, to contest by appropriate legal proceedings conducted in good faith, the validity or applicability of any such law, ordinance, code or regulation, and. to delay compliance therewith pending the prosecution of such proceeding, provided that such contest shall be in accordance with the Right to Contest provisions of Article 13. 7.03 Construction Completion Certificate. For purposes of this Section 7.03, "completion, "complete," "substantially complete" or "substantial completion" means, with respect to construction of part of the South Gulfview and Beach Walk Improvements,. the Additional South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.05(7) 5.94(1) of this Agreement, and the Garage Access Improvements, shall be the acceptance of the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.05(7) 5.04(1) of this Agreement, and the Garage Access Improvements by the City. 2. Upon the substantial completion of the construction of each part of the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.05(7) 5:04(() of this Agreement, and the Garage Access Improvements in accordance with the provisions of the Plans and Specifications, the Developer shall prepare and execute the Construction Completion Certificate, which shall then be delivered to the City. Upon receipt First Amended Development Agreement ADOPTED Page 26 PINELLRS COUNTY FLR. OFF . REC . BK 12199 PG 2229 of the certificate, the City shall promptly and diligently proceed to determine if construction of the Project has been completed substantially in accordance with the Plans and Specifications and this Agreement. Upon making such a determination, the City shall execute the certificate and return it to the Developer. The date of the Construction Completion Certificate shall be the date when all parties shall have executed said certificate. 3. The Construction Completion Certificate shall constitute a conclusive determination by the parties hereto of the satisfaction and termination of the obligations of the Developer hereunder to construct the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.05(7) 5i) of this Agreement, and the Garage Access Improvements described in the certificate; provided, however, that nothing in this Section shall be a waiver of the rights, duties, obligations or responsibilities of the City or any other governmental entity acting in its regulatory or governmental capacity or an approval of said construction. 4. If the City shall refuse or fail to execute the Construction Completion Certificate after receipt of a request by the Developer to do so, then the City shall, within ten (10) days after its receipt of such request, provide the Developer with a written statement setting forth in reasonable detail the reason(s) why the City has not executed the Construction Completion Certificate and what must be done by the Developer to satisfy such objections so that the City would sign the certificate. Upon the Developer satisfying the City's objections, then the Developer shall submit a new request to the City for execution of the Construction Completion Certificate and that request shall be considered and acted upon in accordance with the procedures in this Section for the original request. 5. If the City refuses to execute the certificate and the Developer does not agree with the objections set forth in the City's statement, then the Developer may invoke the arbitration procedures set forth in Article 14 hereof for the purpose of determining if the prerequisites for execution by all parties of the Construction Completion Certificate have been met, and if not, what actions must be taken to satisfy such prerequisites. 6. The Construction Completion Certificate shall be in a form sufficient to be recorded in the public records of Pinellas County, . Florida. After execution by the City, it shall be promptly returned to the First Amended Development Agreement ADOPTED Page 27 PINELLAS COUNTY FLA. OFF . REC , SK 12189 PG 2230 Developer who shall record the certificate in the public records of Pinellas County, Florida, and pay the cost of such recording. 7.04 City Not in Privity. The City shall not be deemed to be in privity of contract with any Contractor or provider of services with respect to the construction of any part of the Project not constituting all or any part of public improvements. 7.05 Construction Sequencing and Staging Area. The Developer shall construct the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements, in the event that the City exercises its option pursuant to Paragraph 5.05(7) 5.04(1) of this Agreement, and the Garage Access Improvements in a manner and fashion which will minimize the inconvenience of the construction on the property owners of Clearwater Beach and the residents of the City. Two (2) lanes of two (2) way traffic capacity shall be maintained between First Street and the southern end of the site of the South Gulfview and Beach Walk Improvements, the Additional South Gulfview and Beach Walk Improvements in the event that the City exercises its option pursuant to Paragraph 5.04(1) of this Agreement and the Garage Access Improvements during the months of March, April, June, July and August and whenever reasonably practicable during the rest of the year. To the extent reasonably practicable, the Developer shall make as many of the existing parking spaces available for public use during construction. The City agrees to allow Developer to use a portion of the area of the 'existing surface parking lot located to the west of the Project Site which is designated by the City for construction staging and Project office, during construction of the Project, without charge to the Developer, provided that such staging area and Project office does not unreasonably affect the maintenance of traffic provided for in this Paragraph. ARTICLE 8. INDEMNIFICATON. 8.01. indemnification by the Developer. 1. The Developer agrees to indemnify, defend and hold harmless, the City, its respective agents, officers, or employees from any and all liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees through appellate proceedings, for personal injury, bodily injury, death or property damage arising out of, or by reason of any act or omission of the Developer, its agents, employees or contractors arising out of, in connection with or by reason of, the performance of any and all services covered by this Agreement, or which are alleged to have arisen out of, in connection with or by reason of, the performance of any and all services covered by this Agreement, or which are alleged to have arisen out of, in connection with, or by reason of, the performance of such services. First Amended Development Agreement ADOPTED Page 28 PINELLRS COUNTY FLR. OFF . REC . BK 12 199 PG 2231 2. The Developer shall indemnify, defend and hold harmless the City, its officers and employees from any and all liabilities, damages, costs, penalties, judgments, claims, demands, losses, or expenses (including, but not limited to, actual attorneys' fees and engineering fees) arising from or attributable to any breach by the Developer, as the case may be, of any representations or warranties contained in Section 9.01, or covenants contained in Section 9.02. 3. The Developer's indemnity obligations under subsections (1) and (2) of this Section shall survive the earlier of the Termination Date or the Expiration Date, but shall apply only to occurrences, acts, or omissions that arise on or before the earlier of the Termination Date or the Expiration Date. 4. The Developer's indemnity hereunder is in addition to and not limited by any insurance policy and is not and shall not be interpreted as an insuring agreement between or among the parties to this Agreement, nor as a waiver of sovereign immunity for any party entitled to assert the defense of sovereign immunity. 8.02. Indemnification by the City. To the extent permitted by law, the City agrees to indemnify, defend and hold harmless, the Developer, its respective officers, and employees from any and all liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees through appellate proceedings, for personal injury, bodily injury, death or property damage arising out of, or by reason of, any act or omission of the City, its respective agents or employees arising out of, in connection with or by reason of, the performance of any and all services covered by this Agreement, or which are alleged to have arisen out of, in connection with or by reason of, the performance of any and all services covered by this Agreement, or which are alleged to have arisen out of, in connection with, or by reason of, the performance of such services. 2. The City shall indemnify, defend and hold harmless the Developer, its officers and employees from any and all liabilities, damages, costs, penalties, judgments, claims, demands, losses, or expenses (including, but not limited to, actual attorneys' fees and engineering fees) arising from or attributable to any breach by the City, as the case may be, of any representations or warranties contained in Section 10.01, or covenants contained in Section 10.02. . 3. The City's indemnity obligations under this Section 10.02 shall survive the earlier of the Termination Date or the Expiration Date, First Amended Development Agreement ADOPTED Page 29 PINELLRS COUNTY FLA. OFF . REC . BK 12189 PG 2232 but shall only apply to occurrences, acts or omissions that arise on or before the earlier of the Termination Date or the Expiration Date. The City's indemnity hereunder is not and shall not be interpreted as an insuring agreement between or among the parties to this Agreement, but is in addition to and not limited by any insurance policy provided that said obligation shall not be greater than that permitted and shall be limited by the provisions of Section 768.28, Florida Statutes, or any successor statute thereto. 8.03. Limitation of Indemnification. Notwithstanding anything to the contrary contained herein, with respect to the indemnification obligations of the Developer (as set forth in Section 8.01) and the City (as set forth in Section 8.02), the following shall apply: 1. The indemnifying party shall not be responsible for damages that could have been, but were not, mitigated by the indemnified party; 2. The indemnifying party shall not be responsible for that portion of any damages caused by the negligent or willful acts or omissions of the indemnified party; and 3. There shall be no obligation to indemnify hereunder in the event that the indemnified party (1) shall have effected a settlement of any claim without the prior written consent of the indemnifying party, or (2) shall not have subrogated the indemnifying party to the indemnified party's rights against any third party by an assignment to the indemnifying party of any cause or action against such third party- ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER. 9.01. Representations and Warranties. The Developer represents and warrants to the City that each of the following statements is currently true and accurate and agrees the City may rely upon each of the following statements: 1. The Developer is a Florida Limited Liability Company duly organized and validly existing under the laws of the State of Florida, has all requisite power and authority to carry on its business as now conducted, to own or hold its properties and to enter into and perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party, is qualified to do business in the State of Florida, and has consented to service of process upon a designated agent for service of process in the State of Florida. First Amended Development Agreement ADOPTED Page 30 PINELLAS COUNTY FLA. OFF,REC,BK 12189 PG 2233 2. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the Developer, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof. (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the Developer, (iii) contravenes or results in any breach of, default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the Developer under any indenture, mortgage, deed of trust, bank loan or credit agreement, the Developer's Articles of Incorporation, or, any other agreement or instrument to which the Developer is a party or by which the Developer may be bound. 3. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party constitutes, or when entered into will constitute, a legal, valid and binding obligation of the Developer enforceable against the Developer in accordance with the terms thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. 4. There are no pending or, to the knowledge of the Developer threatened actions or proceedings before any court or administrative agency against the Developer, or against any controlling shareholder, officer, employee or agent of the Developer which question the validity of this Agreement or any document contemplated hereunder, or which are likely in any case, or in the aggregate, to materially adversely affect the consummation of the transactions contemplated hereunder or the financial condition of the Developer. 5. The Developer has filed or caused to be filed all federal, state, local and foreign tax returns, if any, which were required to be filed by the Developer and has paid, or caused to be paid, all taxes shown to be due and payable on such returns or on any assessments levied against the Developer. First Amended Development Agreement ADOPTED Page 31 PINELLAS COUNTY FLA. OFF,REC,BK 12189 PO 2234 6. All financial information and other documentation, including that .pertaining to the Project or the Developer, delivered by the Developer to the City was, on the date of delivery thereof, true and correct. 7. The principal place of business and principal executive offices of the Developer is in Dunedin, Florida, and the Developer will keep records concerning the Project (such as construction contracts, financing documents and corporate documents) and all contracts, licenses and similar rights relating thereto at an office in Pinellas or Hillsborough Counties. 8. As of the Effective Date, the Developer will have the financial capability to carry out its obligations and responsibilities in connection with the development of the Project as contemplated by this Agreement. 9. The Developer has the experience, expertise, and capability to develop, cause the construction, and complete the Project and, oversee and manage the design, planning, construction, completion and opening for business of the Project. 9.02. Covenants. The Developer covenants with the City that until the earlier of the Termination Date or the Expiration Date: 1. The Developer shall timely perform or cause to be performed all of the obligations contained herein which are the responsibility of the Developer to perform. 2. During each year that this Agreement and the obligations of the Developer under this Agreement shall be in effect, the Developer shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals and shall cause to occur those events contemplated by this Agreement that are applicable to, and that are the responsibility of, the Developer. 3. The Developer shall assist and cooperate with the City to accomplish the development of the Project by the Developer in accordance with the Plan and Specifications, and this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts or agreements that are or will be applicable thereto. 4. Subsequent to the Effective Date, the Developer shall maintain its financial capability to develop, construct and complete the Project and shall promptly notify the City of any event, condition, First Amended Development Agreement ADOPTED Page 32 PINELLRS COUNTY FLA. OFF,REC,BK 12189 PG 2235 occurrence, or change in its financial condition which adversely affects, or with the passage of time is likely to adversely affect, the Developer's financial capability to successfully and completely develop, construct and complete the Project as contemplated hereby. 5. The Developer shall promptly cause to be filed when due all federal, state, .local and foreign tax returns required to be filed by it, and shall promptly pay when due any tax required thereby. 6. Subject to Section 18.01, the Developer shall maintain its existence, will not dissolve or substantially dissolve all of its assets and will not consolidate with or merge into another corporation, limited partnership, or other entity or permit one or more other corporations or other entity to consolidate with or merge into it without the prior approval of the City unless the Developer retains a controlling interest in the consolidated or merged corporation, and will promptly notify the City of any changes to the existence or form of the corporation or any change in the controlling shareholders, officers or directors of the Developer. 7. Other than sales and assignments contemplated by this Agreement, the Developer shall not sell, lease, transfer or otherwise dispose of all or substantially all its assets without adequate consideration and will otherwise take no action which shall have the effect, singularly or in the aggregate, of rendering the Developer unable to continue to observe and perform the covenants, agreements, and conditions hereof and the performance of all other obligations required by this Agreement. 8. Except for the removal of any structures, plants, items or other things from the Project Site necessary for construction of the Project to commence and continue, the Developer shall not permit, commit, or suffer any waste or impairment of the Project or the Project Site prior to the Completion Date. 9. Provided all conditions precedent thereto have been satisfied or waived as provided herein, the Developer shall acquire the Controlled Property as provided in Article 5 hereof and shall pay the Purchase Price, as the case may be, when due and payable as provided therein. 10. Provided all conditions precedent thereto have been satisfied or waived as provided herein, the Developer shall design, construct and complete the Project such that it is substantially complete as First Amended Development Agreement ADOPTED Page 33 PINELLRS COUNTY FLR, OFF.REC.BK 12189 PG 2236 provided in this Agreement no later than the Project Completion Date. ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY. 10.01. Representations and Warranties. The City represents and warrants to the Developer that each of the following statements is currently true and accurate and agrees that the Developer may rely on each of the following statements: The City is a validly existing body corporate and politic of the State of Florida, has all requisite corporate power and authority to carry on its business as now conducted and to perform its obligations hereunder° and under each document or instrument contemplated by this Agreement to which it is or will be a party. 2. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the City is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the City, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the City, (iii) contravenes or results in any breach of, or default under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the City under any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or instrument to which the City is a party, specifically including any covenants of any bonds, notes, or other forms of indebtedness of the City outstanding on the Effective Date. 3. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the City is or will be a party constitute, or when entered into will constitute, legal, valid and binding obligations of the City enforceable against the City in accordance with the terms thereof, except as such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual First Amended Development Agreement ADOPTED Page 34 PINELLAS COUNTY FLR. OFF.REC.BK 12189 PG 2237 equitable principles in the event that equitable remedies are involved. 10.02. Covenants. The City covenants with the Developer that until the earlier of the Termination Date or the Expiration Date: 1. The City shall timely perform, or cause to be performed, all of the obligations contained herein which are the responsibility of the City to perform. 2. During each year that this Agreement and the obligations of the City under this Agreement shall be in effect, the City shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals, and shall cause to occur those events contemplated by this Agreement that are applicable to and are the responsibility of the City. 3. The City shall assist and cooperate with the Developer to accomplish the development of the Project in accordance with this 'Agreement and the Plans and Specifications, will carry out its duties and responsibilities contemplated by this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts, or agreements that are or will be applicable thereto, and, to the extent permitted by law, the City will not enact or adopt or urge or encourage the adoption of any ordinances, resolutions, rules regulations or orders or approve or enter into any contracts or agreements, including issuing any bonds, notes, or other forms of indebtedness, that will result in any provision of this Agreement to be in violation thereof. 4. Except for the demolition of existing structures on the Project Site and the removal of objects from the Project Site as contemplated by this Agreement, the City shall not permit, commit, or suffer any waste or impairment to the Project Site, nor shall the City request or recommend any rezoning of the Project Site, or any part thereof, which will prevent or adversely affect the development of the Project. 5. The City shall maintain its financial capability to carry out its responsibilities as contemplated by this Agreement and shall notify the Developer of any event, condition, occurrence, or change in its financial condition which adversely affects, or with the passage of time is likely to adversely affect, the City's financial capability to carry out its responsibilities contemplated hereby. ARTICLE 11. CONDITIONS PRECEDENT. First Amended Development Agreement ADOPTED Page 35 PINELLAS COUNTY FLA. OFF.REC,8K 12189 PO 2238 11.01. The Developer Acquiring Project Site. Unless this Agreement has been terminated pursuant to Article 12 hereof, the obligation of the Developer to acquire the Project Site is subject to the fulfillment to the satisfaction of, or waiver in writing by, the Developer of each of the following conditions precedent: 1. The Developer shall have received evidence satisfactory to the Developer that the Project Site permits the uses contemplated in this Agreement. 2. The Plans and Specifications as are required for issuance of the Building Permit required to commence construction of the Interim Project shall have been approved by the City in accordance with applicable ordinances, land use regulations, building codes and other regulations of the City. 3. The Developer shall have obtained commitments from the Interim Project Construction Lender 4. The Citv and Developer shall have executed the Interim Proiect .. - -- - T EMM-IM"M •- - ... _ -.- = -- - - - -: 5. All Permits and the Building Permit necessary for construction of the Project to commence shall have been issued. 11.02. Construction of Project. Subject to termination of this Agreement pursuant to Article 12, the obligation of the Developer to commence construction of the Project on the Commencement Date is subject to the fulfillment to the satisfaction of, or waiver in writing by, the Developer of the following conditions: 1. The Plans and Specifications that are necessary to commence construction shall have been approved by the City, and the initial Building Permit for the commencement of construction of that part of the Project and all other Permits necessary for construction to commence have been issued. 2. The vacation of rights -of -way as provided in Section 5.04(1) hereof. First Amended Development Agreement ADOPTED Page 36 PINELLAS COUNTY FLA. OFF.REC.BK 12189 PG 2239 11.03. Responsibilities of the Parties for Conditions Precedent. The parties hereto shall not, individually or collectively, knowingly, intentionally or negligently prevent any condition precedent from occurring; provided, however, nothing in this Section is intended or shall be deemed to deny any party the right to reasonably exercise its discretion to the extent permitted by law or this Agreement. ARTICLE 12. DEFAULT; TERMINATION. 12.01. Project Default by the Developer. 1. There shall be an "event of default" by the Developer pertaining to the entire Project upon the occurrence of anyone or more of the following: a. The Developer shall fail to perform or comply with any material provision of this Agreement applicable to it within the time prescribed therefor, after receipt of a notice from the City pursuant to Paragraph 12.02(2)(a); or b. The Developer shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation or shall file an answer admitting, or shall fail reasonably to contest, the material allegations of a petition filed against it in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of the Developer or any material part of such entity's properties; or C. Within sixty (60) days after the commencement of any proceeding by or against the Developer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed or otherwise terminated, or if, within sixty (60) days after the appointment without the consent or acquiescence of the Developer of any trustee,. receiver or liquidator of any of such entities or of any material part of any of such entity's properties, such appointment shall not have been vacated; or First Amended Development Agreement ADOPTED Page 37 .PINELLAS COUNTY FLA. OFF.REC.BK 12189 PG 2240 a. If an event of default by the Developer described in subsection (1) above shall occur, the City shall provide written notice thereof to the Developer, and, if such event of default shall not be cured by the Developer within thirty (30) days after receipt of the written notice from the City specifying in reasonable detail the event of default by the Developer, or if such event of default is of such nature that it cannot be completely cured within such time period, then if the Developer shall not have commenced to cure such default within such thirty (30) day period and shall not diligently prosecute such cure to completion within such reasonable longer period of time as may . be necessary (provided, however, if the Developer is proceeding diligently and in good faith, the curative period shall be extended for a period of not exceeding six (6) months without any approval or consent of the City being required, but such approval will be required if the curative period is to be extended beyond six (6) months (after the notice of default has been given by the City to the Developer and such extended curative period may be ended by the City electing to do so upon any Project lender finding the Developer to be in default of any Project Financing and the curative period therefor has expired without such event of default being cured) then, in addition to any remedy available under Section 12.05, the City may terminate this Agreement or pursue any and all legal or equitable remedies to which the City is entitled, provided, however, if the Developer shall fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed diligently to timely cure such event of default, then the City may proceed to enforce other available remedies without providing any additional notice to the Developer. b. Any attempt by the City to pursue any of the above referenced remedies will not be deemed an exclusive election of remedy or waiver of the City's right to pursue any other remedy to which either may be entitled. C. Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or City's ability to perform by such deadline or the expiration of such period. First Amended Development Agreement ADOPTED Page 38 PINELLAS COUNTY FLA. OFF.REC.BK 12189 PG 2241 3. Subject to the rights of the Project Lender, if the City elects under Section 6.03 to cure a default under Subsection 12.01(1) by the Developer, construction contracts, contract documents, building permits, development permits, management agreements, and financial commitments (all only to the extent assignable) with respect to the Project shall, if such default has not been previously cured, on the day following receipt by the Developer of notice from the City of its election to cure under Section 6.03, be deemed then assigned to the City making said election, without necessity of any other action being taken or not taken by any party hereto. The Developer shall transfer and deliver to the City upon making said election, all assignable Plans and Specifications, working drawings, construction contracts, contract documents, financial commitments, management agreements, and all Permits, and, at the direction of the City, the defaulting the Developer shall vacate the Parcel(s). 4. Notwithstanding any provision of this Section, a default by the Developer shall not affect the title of any condominium unit or common area conveyed by the Developer to an unrelated third party or to a condominium association which is not controlled by the Developer. 12.02. Default by the City. 1. Provided the Developer is not then in default under Section 12.01, . there shall be an "event of default" by the City under this Agreement in the event the City shall fail to perform or comply with any material provision of this Agreement applicable to it; provided, however, that suspension of or delay in performance by the City during any period in which the Developer is in default of this Agreement as provided in Section 12.01 hereof will not constitute and event of default by the City under this Subsection 12.02. 2. a. If an event of default by the City described in 12.02(1) shall occur, the Developer shall provide written notice thereof to the City, and, after expiration of the curative period described in paragraph (b) below, may terminate this Agreement, institute an action to compel specific performance of the terms hereof by the City or pursue any and all legal or equitable remedies to which the Developer is entitled; provided, however, if the event of default by the City occurs, any monetary recovery by the Developer in any such action shall be limited to bona fide third -party out -of- pocket costs and expenses, including reasonable attorneys' fees, incurred by the Developer in connection with this Agreement and the transactions contemplated hereby, unless any such First Amended Development Agreement ADOPTED Page 39 PINELLAS COUNTY FLA, OFF.REC.BK 12189 PG 2242 default by the City was willful and committed in bad faith with reckless disregard for the rights of the Developer. C. Any attempt by the Developer to pursue any of the remedies referred to in paragraphs (a) and (b) above will not be deemed an exclusive election of remedy or waiver of the Developer's right to pursue any other remedy to which it might be entitled. d. Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or City's ability to perform by such deadline or the expiration of such period. 12.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the contrary, the specified rights and remedies to which either the City or the Developer are entitled under this Agreement are not exclusive and are intended to be in addition to any other remedies or means of redress to which the City or the Developer may lawfully be entitled and are not specifically prohibited by this Agreement. The suspension of, or delay in, the performance of its obligations by the Developer while the City shall at such time be in default of their obligations hereunder shall not be deemed to be an "event of default." The suspension of, or delay in, the performance of the obligations by the City while the Developer shall at such time be in default of its obligations hereunder shall not be deemed to be an "event of default" by the City. 12.04. Non - Action on Failure to Observe Provisions of this Agreement. The failure of the City or the Developer to promptly or continually insist upon strict performance of any term, covenant, condition or provision of this Agreement, or any Exhibit hereto, or any other agreement, instrument or document of whatever form or nature contemplated hereby shall not be deemed a waiver of any right or remedy that the City or the Developer may have, and shall not be deemed a waiver of a subsequent default or nonperformance of such term, covenant, condition or provision. 12.05. Termination. The Developer and the City acknowledge and agree that as of the Effective Date certain matters mutually agreed by the parties hereto to be essential to the successful development of the Project have not been satisfied or are subject to certain conditions, legal requirements or approvals beyond the control of any of the parties hereto or which cannot be definitely resolved under this Agreement, First Amended Development Agreement ADOPTED Page 40 PINELLAS COUNTY FLR. OFF,REC.BK 12189 PG 2243 including, but not limited to, failure of a governmental authority to grant an approval required for development of the Project or insurable title to the Project Site has not been obtained. In recognition of these events or conditions, the parties hereto mutually agree that, provided the appropriate or responsible party therefor diligently and in good faith seeks to the fullest extent of its capabilities to cause such event or condition to occur or be satisfied, the failure of the events or conditions listed in subsection (2) below to occur or be satisfied shall not constitute an event of default by any party under this Article 12, but may, upon the election of any party hereto, be the basis for a termination of this Agreement in accordance with this Section. 2. In addition to any other rights of termination provided elsewhere in this Agreement, this Agreement may be terminated as provided in subsection (3) of this section by the City or the Developer after the occurrence of any of the following events or conditions (except for subsection (b), in which event only the Developer may terminate this Agreement pursuant to this subsection (2)): a. The appropriate governmental authority (including the City in exercise of its governmental and regulatory authority and responsibility), upon petition by the Developer denies or fails to: issue the necessary order or other action necessary, vacate right -of -way as described in Section 5.03, issue the Permits, issue the Building Permits, or approve any other land use necessary to commence construction of the Project on the Project Site, provided the Developer has proceeded diligently, expeditiously and in good faith to obtain such approval, permits or other necessary actions; b. A previously unknown site condition is subsequently discovered and that condition prevents successful development of the Project, or part of the Project on the Project Site, or part of the Project Site (in which case only the Developer at his option can terminate the Project as not feasible). 3. Upon the occurrence of an event described in subsection (2) or in the event that the Developer or the City, after diligently and in good faith to the fullest extent its capabilities, is unable to cause a condition precedent to its respective obligations to occur or be satisfied 1 then the Developer or the City may elect to terminate this Agreement by giving a notice to the other party hereto within thirty (30) days of the occurrence of such event or the determination of inability to cause a condition precedent to occur or First Amended Development Agreement ADOPTED Page 41 ! PINELLRS COUNTY FLR. OFF , REC , BK 12199 PG 2244 be satisfied, stating its election to terminate this Agreement as a result thereof, in which case this Agreement shall then terminate. 4. In the event of a termination pursuant to this Section 12.05, neither the Developer nor the City shall be obligated or liable one to the other in any way, financially or otherwise, for any claim or matter arising from or as a result of this Agreement or any actions taken by the Developer and the City, or any of them, hereunder or contemplated hereby, and each party shall be responsible for its own costs, however, the provisions of Sections 9.01 and 10.01 shall apply and shall survive termination of this Agreement, the provisions of this Subsection 12.05(4) to the contrary notwithstanding. 12.06. Termination Certificate. 1. In the event of a termination of this Agreement for any reason prior to the Expiration Date, each of the parties hereto do covenant and agree with each other to promptly execute a certificate prepared by the party electing to terminate this Agreement, which certificate shall expressly state that this Agreement has been terminated in accordance with its terms, is no longer of any force and effect except for those provisions hereof which expressly survive termination, that the rights, duties and obligations of the parties hereto have been terminated and released (subject to those surviving provisions hereof) and that the Project Site is no longer subject to any restrictions, limitations or encumbrances imposed by this Agreement. 2. The certificate described in Subsection (1) shall be prepared in a form suitable for recording and promptly after execution by all of the parties hereto shall be recorded in the public records of Pinellas County, Florida. ARTICLE 13. RIGHT TO CONTEST. 13.01. Right to Contest. Subject to the conditions set forth in Section 13.02 below, the City or the Developer each may, at its sole discretion and expense, after prior written notice to the other parties hereto, contest by appropriate action or proceeding conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any lien, any payment of any taxes, assessments, impact fees or other public charges of a similar nature that may from time to time be levied upon or, assessed by any appropriate governmental authority against the Developer, the Project (or any part thereof), the Project Site, furniture, fixtures, equipment or other personal property thereon, and the revenues First Amended Development Agreement ADOPTED Page 42 PINELLAS COUNTY FLA, OFF . REC . BK 12189 PG 2245 generated from the use or operation of any or all of the above, any other payment specifically identified in this Agreement, or compliance with any law, rule, regulation, or other such legal requirement. 13.02. Conditions. The right to contest any charge, payment or requirement pursuant to Section 13.01 is subject to the following: 1. Such proceeding shall suspend the execution or enforcement of such charge, payment or requirement; 2. Such proceeding will not create any risk of impairment of the acquisition or preparation of the Project Site, the construction, completion, operation or use of the Project, the Project. Site, or any part thereof, in any material respect, and neither the Project or Project Site, nor any part of the Project or the Project Site, would be subject to any risk of being involuntarily sold, forfeited or lost or the acquisition of the Project Site or the construction, equipping, or completion of the Project or any part thereof be delayed or prohibited; 3. Such proceeding will not subject any other party to criminal liability or risk of material civil liability for failure to comply therewith, or involve risk of any material claim against such party; and 4. The party seeking the benefit of this Article shall have furnished to the other parties such security, if any, as may be required in such proceeding or as may be reasonably requested by the others, to protect the Project and the Project Site, and any part thereof, and any interest of such parties hereunder. ARTICLE 14. ARBITRATION 14.01. Agreement to Arbitrate. Only as specifically provided in this Agreement and only if any judicial or administrative action or proceeding has not been commenced with regard to the same matter and, if so, the party hereto commencing such action has not dismissed it, any disagreement or dispute between the parties may be arbitrated in the manner set forth in this Article 14. All parties hereby agree such arbitration, once commenced, shall be the exclusive procedure for resolving such disagreement or dispute and agree to be bound by the result of any such arbitration proceeding unless all parties mutually agree to terminate such proceeding prior to decision. If any arbitration proceeding under this part adversely affects the performance of any party hereunder, then any time periods provided herein for such performance by that party shall be tolled during the pendency of the arbitration proceeding affecting such performance. First Amended Development Agreement ADOPTED Page 43 PINELLRS COUNTY FLR. OFF . REC , BK 12189 PG 2246 14.02. Appointment of Arbitrators. -- 1. a. Unless accelerated arbitration as provided in Section 14.08 hereof is invoked, any party invoking arbitration herewith shall, within five (5) days after giving notice of impasse in the dispute resolution process or upon following the expiration of the time period for such dispute resolution occurrence of the event permitting arbitration to be invoked, give written notice to that effect to the other parties, and shall in such notice appoint a disinterested person who is on the list of qualified arbitrators maintained by the American Arbitration Association or a disinterested person not on such list to whom an objection is not made by any other party hereto within five (5) days of receipt of the notice of such appointment as the arbitrator or, if more than one (1) arbitrator is to be appointed, as one of the arbitrators. b. Within ten (10) days after receipt of the notice described in paragraph (1), the other parties shall by written notice to the original party acknowledge that arbitration has been invoked as permitted by this Agreement, and shall either accept and approve the appointment of such individual set forth ih the original notice as a sole arbitrator or shall appoint one (1) disinterested person per party of recognized competence in such field as an arbitrator. 2. a. if two (2) arbitrators are appointed pursuant to subsection (a) above, the arbitrators thus appointed shall appoint a third disinterested person who is on the list of qualified arbitrators maintained by the American Arbitration Association, and such three (3) arbitrators shall as promptly as possible determine such matter. b. If the second arbitrator shall not have been appointed as provided in subsection (a), the first arbitrator shall, after ten (10) days notice to the parties, proceed to determine such matter. C. If the two (2) arbitrators appointed by the parties pursuant to subsection (a) shall be unable to agree within fifteen (15) days after the appointment of the second arbitrator upon the appointment of a third arbitrator, they shall give written notice of such failure to agree to the parties, and, if the parties then fail to agree upon the selection of such third arbitrator within fifteen (15) days thereafter, then within ten (10) days thereafter each of the parties upon written notice First Amended Development Agreement ADOPTED Page 44 PINELLAS COUNTY FLA. OFF.REC,BK 12189 PG 2247 to the other parties hereto may request the appointment of a third arbitrator by the office in or for the State of Florida (or if more than one office, the office located closest to the City) of the American Arbitration Association (or any successor organization thereto), or, in its absence, refusal, failure or inability to act, request such appointment of such arbitrator by the United States District Court for the Middle District of Florida (which request shall be filed in the division of that court responsible for the geographic area including the City), or as otherwise provided in Chapter 682, Florida Statutes, known and referred to as the Florida Arbitration Act, as amended. 14.03. General Procedures. in any arbitration proceeding under this part, those parties appointing arbitrators shall each be fully entitled to present evidence and argument to the sole arbitrator or panel of arbitrators. The arbitrator or panel of arbitrators shall only interpret and apply the terms of this Agreement and may not change any such terms, or deprive any party to this Agreement of any right or remedy expressed or implied in this Agreement, or award any damages or other compensation to any party hereto. The arbitration proceedings shall follow the rules and procedures of the American Arbitration Association (or any successor organization thereto) unless specifically modified by this Agreement, or as then agreed to by the parties hereto. 14.04. Majority Rule. In any arbitration proceeding under this part, the determination of the majority of the panel of arbitrators, or of the sole arbitrator if only one (1) arbitrator is used, shall be conclusive upon the parties and judgment upon the same may be entered in any court having jurisdiction thereof. The arbitrator or panel of arbitrators shall give written notice to the parties stating his or their determination within thirty (30) days after the conclusion of the hearing or final submission of all evidence or argument. 14.05. Replacement of Arbitrator. In the event of the failure, refusal or inability of any arbitrator to serve as such, promptly upon such determination being made by the affected arbitrator, the affected arbitrator shall give notice to the other two (2) arbitrators (if applicable) and to the parties hereto, and then a new arbitrator shall be promptly appointed as a replacement, which appointment shall be made by the party or the arbitrators who appointed the affected arbitrator in the same manner as provided for in the original appointment of the affected arbitrator in Section 14.02 hereof. 14.06. Decision of Arbitrators. 1. If any decision reached by arbitration as provided in this part requires performance by the Developer, the Developer covenants and agrees to comply with any decision of the arbitrator(s) promptly First Amended Development Agreement ADOPTED Page 45 PINELLRS COUNTY FLR, OFF.REC.BK 12189 PG 2248 after the date of receipt by the Developer of such decision, and to continue .such performance to completion with due diligence and in good faith. 2. If any such decision requires performance by the City, the City covenants and agrees to comply promptly with any decision reached by arbitrators) promptly after the date of receipt by the City of such decision, and to continue such performance to completion with due diligence and in good faith. 3. Nothing in this part, nor in any arbitration decision rendered under this part, shall be construed to require any payment by the City to the Developer not otherwise provided for herein. 14.07. Expense of Arbitration. The expenses of any arbitration proceeding pursuant to this part shall be borne equally by the parties to such proceeding, provided, however, for the purpose of this Section 14.07, "expenses" shall include the fees and expenses of the arbitrators and the American Arbitration Association with respect to such proceeding, but shall not include attorneys' fees or expert witness fees, or any costs incurred by attorneys or expert witnesses, unless (and to the extent) agreed to by the parties to such proceeding, which in the absence of such Agreement shall be the responsibility of the party incurring such fees or costs. 14.08. Accelerated Arbitration. 1. a. If any. of the parties to any arbitration proceeding under this part determines the matter for arbitration should be decided on an expedited basis, then after an initial election to invoke arbitration pursuant to Section 14.02 hereof has been made, either party to such proceeding may invoke accelerated arbitration by giving notice thereof to the other parties no later than three (3) days after arbitration has been initially invoked and the other parties do not object within three (3) days thereafter. b. Accelerated arbitration, for purposes of this Section 14.08, shall be accomplished by either party notifying the American Arbitration Association (or any successor organization thereto) that the parties have agreed to a single arbitrator, qualified to decide the matter for arbitration, to be appointed by the American Arbitration Association (or any successor organization thereto) with the consent of the parties to such proceeding within three (3) days after receipt of the request and to decide such matter within five (5) days after such appointment. First Amended Development Agreement ADOPTED Page 46 PINELLAS COUNTY FLA. OFF.REC.8K 12189 PG 2249 C. If an arbitrator is not so appointed with consent of the parties to the proceeding within three (3) days after the notice referred to in paragraph (2) is received by the American Arbitration Association, the accelerated proceeding under this Section 14.08 shall terminate and the procedures otherwise set forth in this Article 14 shall apply, unless the parties mutually agree to an extension of such time period. 2. The Developer and the City hereby agree to use such accelerated procedure only when reasonably necessary, to not contest the appointment of the arbitrator or his or her decision except as may be permitted by law, and that all other provisions of this part, except as are in conflict with this Section 14.08, remain in effect and applicable to an accelerated arbitration proceeding. 14.09. Applicable Law. To the extent not inconsistent with this article, any arbitration proceeding under this article shall be governed by the provisions of Chapter 682, Florida Statutes, as amended, known and referred to as the Florida Arbitration Code. 14.10. Arbitration Proceedings and Records. Any arbitration hearing under this article shall be considered a meeting subject to Section 286.011, Florida Statutes, and shall be open to any member of the public. Unless otherwise rendered confidential pursuant to or by the operation of any applicable law or order (other than an order by a sole arbitrator or a panel of arbitrators acting under this part), the record of such proceedings shall be a public record under Chapter 119, Florida Statutes. ARTICLE 15. UNAVOIDABLE DELAY. 15.01. Unavoidable Delay. Any delay in performance of or inability to perform any obligation under this Agreement (other than an obligation to pay money) due to any event or condition described in paragraph (b) as an event of "Unavoidable Delay" shall be excused in the manner provided in this Section 15.01. 2. "Unavoidable Delay" means any of the following events or conditions or any combination thereof: acts of God, litigation which has the effect of precluding reasonable satisfaction of the obligations of this Agreement, acts of the public enemy, riot, insurrection, war, pestilence, archaeological excavations required by lay, unavailability of materials after timely ordering of same, First Amended Development Agreement ADOPTED Page 47 PINELLAS COUNTY FLA. OFF . REC , 8K 12189 PG 2250 epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and excessively inclement weather (as indicated by the records of the local weather bureau for a five -year period preceding the Effective Date), strikes or labor disturbances, delays due to proceedings under Chapters 73 and 74, Florida Statutes, restoration in connection with any of the foregoing or any other cause beyond the reasonable control of the party performing the obligation in question, including, without limitation, such causes as may arise from the act of the other party to this Agreement, or acts of any governmental authority (except that acts of the City shall not constitute an Unavoidable Delay with respect to performance by the City). 3. An application by any party hereto (referred to in this paragraph (c) and in paragraph (d) as the "Applicant ") for an extension of time pursuant to this subsection must be in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other party to this Agreement within seven (7) days following the occurrence of the event or condition causing the Unavoidable Delay or seven (7) days following the Applicant becoming aware (or with the exercise of reasonable diligence should have become aware) of such occurrence. 4. The Applicant shall be entitled to an extension of time for an Unavoidable Delay only for the number of days of delay due solely to the occurrence of the event or condition causing such Unavoidable Delay and only to the extent that any such occurrence actually delays that party from proceeding with its rights, duties and obligations under this Agreement affected by such occurrence. ARTICLE 16. RESTRICTIONS ON USE. 16.01. Project. Prior to the earlier of the Termination Date or the Expiration Date, no use of the Project, other than as described in Section 2.03, shall be permitted, other than the operation of improvements existing on the Effective Date until those improvements are demolished, unless and until the Developer or the person, if other than the Developer, intending to so use the Project or Project Site, shall file with the City a request for a release from the restriction imposed by this Section. The Governing Body of the City shall promptly consider such request and either deny the request, approve the request as filed, or approve the request subject to such terms, conditions and limitations as the City may reasonably require. Unless specifically requested and approved, a release of the restriction imposed by this Section shall not release the Developer from any First Amended Development Agreement ADOPTED Page 48 PINELLAS COUNTY FLA. OFF . REC . BK 12189 P3 2251 obligations or restrictions imposed by this Agreement or any agreement, instrument or document contemplated hereby. ARTICLE 17. FIRE OR OTHER CASUALTY; CONDEMNATION. 17.01. Loss or Damage to Project. 1. Until the Project Completion Date, and without regard to the extent or availability of any insurance proceeds, the Developer covenants and agrees to diligently commence and complete the reconstruction or repair of any loss or damage caused by fire or other casualty or by eminent domain (provided the City is not the condemning authority) to each and every part of the Project on a Parcel which it owns to substantially the same size, floor area, cubic content and general appearance as existed prior to the occurrence of such loss or damage, promptly after the City approves the Plans and Specifications for such reconstruction or repairs. 2. The City shall review the Plans and Specifications for such reconstruction or repairs as soon as possible after filing thereof by the Developer. The City agrees to approve the Plans and Specifications for such reconstruction or repairs if the reconstruction or repairs contemplated by such Plans and Specifications will restore the Project, or the damaged portion thereof, to substantially the same condition as existed prior to the occurrence of such loss or damage and if such Plans and Specifications conform to the applicable laws, ordinances, codes, and regulations in effect at the time of filing with the City of the plans and specifications for such reconstruction or repairs. 17.02. Partial Loss or Damage to Project. Until the Project Completion Date, any loss or damage by fire or other casualty or exercise of eminent domain to the Project or Project Site, or any portion thereof, which does not render the Project or Project Site unusable for the use contemplated by Section 2.03 of this Agreement, shall not operate to terminate this Agreement or to relieve or discharge the Developer from the timely performance and fulfillment of the Developer's obligations pursuant to this Agreement, subject to an extension of time for an Unavoidable Delay. 17.03. Project Insurance Proceeds. Whenever the Project, or any part thereof, shall have been damaged or destroyed, the Developer shall promptly make proof of loss and shall proceed promptly to collect, or cause to be collected, all valid claims which may have arisen against insurers or others based upon such damage or destruction. First Amended Development Agreement ADOPTED Page 49 PINELLRS COUNTY FLA. OFF.REC.8K 12185 PG 2252 2. Subject to the rights of a Project Lender, the Developer agrees that all proceeds of property or casualty insurance received by the Developer as a result of such loss or damage shall be available and shall be used for payment of the costs of the reconstruction or repair of the Project to the extent necessary to repair or reconstruct the Project. 17.04. Notice of Loss or Damage to Project. The Developer shall promptly give the City written notice of any significant damage or destruction to the Project stating the date on which such damage or destruction occurred, the expectations of the Developer as to the effect of such damage or destruction on the use of the Project, and the proposed schedule, if any, for repair or reconstruction of the Project. 17.05. Condemnation of Project or Project Site; Application of Proceeds. In the event that part, but not all, of the Project or Project Site, or both, shall be taken by the exercise of the power of eminent domain at any time before the Expiration Date, subject to the rights of a Project Lender, the compensation awarded to and received by the Developer shall be applied first to the restoration of the Project, provided the Project can be restored and be commercially feasible for its intended use as contemplated by Section 2. 03( 1) of this Agreement after the taking, and, if not, can be retained by the Developer. ARTICLE 18. MISCELLANEOUS 18.01. Assignments. By the Developer. a. 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 consent of the City, which consent is hereby granted for assignment to Bella Vista Seashell Resort, L.L.C., 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. b. 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 First Amended Development Agreement ADOPTED Page 50 PINELLAS COUNTY FLR, OFF.REC.BK 12189 PG 2253 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. C. An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, general partnership, or joint venture, in which the Developer is the or a general partner or has either the controlling interest or through a joint venture or other arrangement shares equal management rights with a financial institution 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 Section 18.01, 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. d. No assignee, purchaser, sublessee or acquire of all or any part of the Developer's rights and obligations with respect to anyone 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. 2. City's Right to Assign Rights. The Developer agrees that the City shall have the unqualified right to assign its rights under Section 5.04 and 6.03 of this Agreement to any person, subject only to applicable laws in regard to the disposition of an interest in real property. 18.02. 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 its successors and assigns, except as may otherwise be specifically provided herein. 18.03. Notices. 1. All notices, demands, requests for approvals or other communications given by either party to another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, First Amended Development Agreement ADOPTED Page 51 PINELLAS COUNTY FLA. OFF . REC , BK 12 199 PG 2254 return receipt requested or by courier service, or by hand delivery to the office for each party indicated below and addressed as follows: To the Developer: Clearwater Seashell Resort, LC 748 Broadway, Suite 202 Dunedin, FL 34698 Attn: Richard Gehring with copies to: William J. Kimpton, Esquire 28059 U.S. Highway 19 North, #100 Clearwater, FL 33761 To the City: City of Clearwater 112 S. Osceola Avenue Clearwater, FL 33756. with copies to: Pamela K. Akins, Esquire Clearwater City Attorney 112 S. Osceola Avenue Clearwater, FL 33756 2. Notices given by courier service or by hand delivery shall be effective upon delivery and notices given by mail shall be effective on the third (3rd) business day after mailing. Refusal by any person to accept delivery of any notice delivered to the office at the address indicated above (or as it may be changed) shall be deemed to have been an effective delivery as provided in this Section 18.03. The addresses to which notices are to be sent may be changed from time to time by written notice delivered to the other parties and such notices shall be effective upon receipt. Until notice of change of address is received as to any particular party hereto, all other parties may rely upon the last address given. 18.04. Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. This Agreement has been negotiated by the City and the Developer and the Agreement, including, without limitation, the Exhibits, shall not be deemed to have been prepared by the City or the Developer, but by all equally. 18.05. Venue; Submission to Jurisdiction. For purposes of any suit action, or other proceeding arising out of or relating to this Agreement, the parties hereto do acknowledge, consent, and agree that venue thereof is Pinellas County, Florida. 2. Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Pinellas County and the courts thereof and to the jurisdiction of the United States District Court for the Middle First Amended Development Agreement ADOPTED Page 52 PINELLRS COUNTY FLA. OFF . REC , BK 12189 PG 2255 District of Florida, for the purposes of any suit, action, or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. 3. If at any time during the term of this Agreement the Developer is not a resident of the State of Florida or has no office, employee, City or general partner thereof available for service of process as a resident of the State of Florida, or if any permitted assignee thereof shall be a foreign corporation, partnership or other entity or shall have no officer, employee, agent, or general partner available for service of process in the State of Florida, the Developer hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action between it and the City, or both, arising out of or relating to this Agreement and such service shall be made as provided by the laws of the State of Florida for service upon a non- resident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to the Developer at the address for notices as provided in 18.03. 18.06. Estoppel Certificates. The Developer and the City shall at any time and from time to time, upon not less than ten (10) days prior notice by another party hereto, execute, acknowledge and deliver to the other parties a statement in recordable form certifying that this Agreement has not been modified and is in full force and effect (or if there have been modifications that the said Agreement as modified is in full force and effect and setting forth a notation of such modifications), and that to the knowledge of such party, neither it nor any other party is then in default hereof (or if another party is then in default hereof, stating the nature and details of such default), it being intended that any such statement delivered pursuant to this Section 18.06 may be relied upon by any prospective purchaser, mortgagee, successor, assignee of any mortgage or assignee of the respective interest in the Project, if any, of any party made in accordance with the provisions of this Agreement. 18.07. Complete Agreement; Amendments. 1. This Agreement, and all the terms and provisions contained herein, including without limitation the Exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements, whether written or oral. First Amended Development Agreement ADOPTED Page 53 PINELLAS COUNTY FLA. OFF , REC , 8K 1218S PG 2256 2. -Any provision of this Agreement shall be read and applied in pari materia with all other provisions hereof. 3. This Agreement cannot be changed or revised except by written amendment signed by all parties hereto. 18.08. Captions. The article and section headings and captions of this Agreement and the table of contents preceding this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any article, section, subsection, paragraph or provision hereof. 18.09. Holidays. It is hereby agreed and declared that whenever a notice or performance under the terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal holiday observed in the City, it shall be postponed to the next following business day. 18.10. Exhibits. Each Exhibit referred to and attached to this Agreement is an essential part of this Agreement. The Exhibits and any amendments or revisions thereto, even if not physically attached hereto shall be treated as if they are part of this Agreement. 18.11. No Brokers. The City and the Developer hereby represent, agree and acknowledge that no real estate broker or other person is entitled to claim or to be paid a commission as a result of the execution and delivery of this Agreement, including any of the Exhibits, or any proposed improvement, use, disposition, lease, conveyance or acquisition of any or all of the Project Site. 18.12. Not an Agent of City. During the term of this Agreement, the Developer hereunder shall not be an agent of the City with respect to any and all services to be performed by the Developer (and any of its agents, assigns, or successors) with respect to the Project. 18.13. Memorandum of Development Agreement. The City and the Developer agree to execute, in recordable form, on the Effective date, the short form "Memorandum of Agreement for Development and Disposition of Property" and agree, authorize and hereby direct such Memorandum to be recorded in the public records of Pinellas County, Florida, as soon as possible after execution thereof. The Developer shall pay the cost of such recording. 18.14 Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and is pursuant to and for a public purpose and municipal First Amended Development Agreement ADOPTED Page 64 PINELLAS COUNTY FLA. OFF.REC.BK 12189 PG 2257 purpose and is in the public interest, and is a proper exercise of the City's power and authority. 18.15. No General Obligation. In no event shall any obligation of the City under this Agreement be or constitute a general obligation or indebtedness of the City, or a pledge of the ad valorem taxing power of the City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. Neither the Developer nor any other party under or beneficiary of this Agreement shall ever have the right to compel the exercise of the ad valorem taxing power of the City or any other governmental entity or taxation in any form on any real or personal property to pay the City's obligations or undertakings hereunder. 18.16. Other Requirements of State Law. Nothing in this Agreement shall be deemed to relieve either party from full compliance with any provision of State law which is applicable to any of the obligations or under takings provided for in this Agreement. In the event that this Agreement omits an obligation to comply with any provision of State law in regard to any of the obligations or undertakings provided for in this Agreement, it is the intention of the parties that such applicable State law shall be deemed incorporated into this Agreement and made a part thereof. In the event that there is any conflict between the provisions of this Agreement and applicable State law, it is the intention of the parties that the Agreement shall be construed to incorporate such provisions of State law and that such provisions shall control. 18.17. Technical Amendments; Survey Corrections. In the event that due to minor inaccuracies contained herein or any Exhibit attached hereto or any other agreement contemplated hereby, or due to changes resulting from technical matters arising during the term of this Agreement, the parties agree that amendments to this Agreement required due to such inaccuracies, unforeseen events or circumstances which do not change the substance of this Agreement may be made and incorporated herein. The City Manager is authorized to approve such technical amendments on behalf of the City, respectively, and is authorized to execute any required instruments, to make and incorporate such amendment to this Agreement or any Exhibit attached hereto or any other agreement contemplated hereby. 18.18. Term; Expiration; Certificate. 1. If not earlier terminated as provided in Section 12.05, this Agreement shall expire and no longer be of any force and effect on March 13, 2011 the tenth a )f the E#eGt.ve Date. First Amended Development Agreement ADOPTED Page 65 PINELLRS COUNTY FLA. OFF , REC . BK 12189 PG 2258 2. Upon completion of the term of this Agreement, all parties hereto shall execute the Agreement Expiration Certificate. The Agreement Expiration Certificate shall constitute (and it shall be so provided in the certificate) a conclusive determination of satisfactory completion of all obligations hereunder and the expiration of this Agreement. 3. In the event of any dispute as to whether any party is required to execute the Agreement Expiration Certificate, the dispute shall be resolved by arbitration as provided in Article 14. 4. The Agreement Expiration Certificate shall be in such form as will enable it to be recorded in the public records of Pinellas County, Florida. Following execution by all of the parties hereto, the Agreement Expiration Certificate shall promptly be recorded by the Developer in the public records of Pinellas County, Florida and the Developer shall pay the cost of such recording. 18.19. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their respective intent as of the Effective Date and do covenant and agree in the future that all approvals, consents, and reviews will be undertaken and completed as expeditiously as possible, in good faith, and will not be arbitrarily or unreasonably withheld, unless otherwise expressly authorized by the terms of this Agreement. 18.20. Effective Date: The Effective. Date shall be the date of the last signature to this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of this day of , 2002. t THE CITY OF CLEARWATER, FLORIDA Atttis — By. By: City le Mayor Approved as to form:' Pamela K. Akin City Attorney First Amended Development Agreement ADOPTED Page 56 PINELLRS COUNTY FLA. OFF.REC.BK 12189 PO 2259 STATE OF FLORIDA COUNTY OF PINELLAS e foregoing instrument was acknowledged before me this o2 L day of , 2002 by B ian Aungst and Cynthia Goudeau, Mayor and City Clerk, r spectively, for the City f Clearwater, Florida, on behalf of the City. Y /CEMAYeA WbynuEy G..e#y By: Signature of Notary Public CL��L My Commission Expires: Printed, typed o stamp NOTARY PUBLIC - $YATE OF FLORIDA CAROLYN L. BRINK COMMISSION • CCW4678 EXPIRES 5/2212003 BONDED TMRU ASA t- 66B-NOTARYt First Amended Development Agreement ADOPTED Page 57 Attest: By: STATE OF FLORIDA Attest: COUNTY OF PINELLAS 1 By ' — PINELLRS COUNTY FLR. OFF.REC.BK 12189 PG 2260 CLEA71IR SEASHELL RESORT, L.C. The foregoing instrument was acknowledged before me this day of 2002 by u.✓!l.7i�w. �' 4�tv7cr-A and A/C .44 as thorized Members of Clearwater Seashell Resort, L.C., a Florida limited liaYility company, on behalf of Clearwater Seashell Resort, L.C.. B� Signatu of Notary Vublic IL 1 z My Commission Expires: Printed, typed or stamp Laura I Burgess MY COMMISSION # DDIS3181 EXPIRES October 29, 2006 .. ... BONDED TNRU TROY FAIN INSUUNCE INC SEE PLANS IN FILE SHERWIN- WILLIAMS 01130109 Sher- Color(i®) Order# 2158- 0049576 EXTERIOR ARCHITECTURAL A -100 LATEX FLAT STANDALONE 6613 LEI FLOWER 11102 SHER -COLOR FORMULA BAC COLORANT OZ 32 64 128 WI -While - 49 - 1 R2- Maroon - - - 1 R4 -New Red 4 41 - - Y3 -Deep Gold 2 37 - ONE GALLON DEEP A16WO0153 640399671 PI PRIMER RECOMMENDED FOR THIS COLOR Non Returnable Tinted Color CAUTION: To assure cpnsistent color, a bays order enough paint to co.pl ete the job and inter:ix all containers of the sa*e color before application. Mixed colors •ay vary slightly fro. color strip or color chip. 1111111111111111111111111111111111111111111 0- 0049576 -003 " SHERWIN- WILLIAMS 01/30/09 Sher- Color(is) Order# 2158 - 0049576 EXTERIOR ARCHITECTURAL A -100 LATEX FLAT STANDALONE 6612 RAVISHING CORAL SHER -COLOR FORMULA BAC COLORANT OZ 32 64 128 R4 -Neva Red 4 39 - 1 Y3 -Deep Gold 2 45 - 1 ONE GALLON LIGHT YELLOW A0610156 640399713 PI PRIMER RECOMMENDED FOR THIS COLOR Nan Returnable Tinied Color CAUTION: To as consistent color, alrays order enough pain! to complete the job and interrix all containers of the sa.e co lar before application. Mixed colors may vary slightly from color strip or color chip. 0049576 -002 ° SHERWIN- WILLIAMS 01/30/09 Sher- Color(iw) Order# 2158- 0049576 EXTERIOR ARCHITECTURAL A-100 LATEX FLAT STANDALONE 6611 JOVIAL SHER -COLOR FORMULA BAC COLORANT 02 32 64 128 NI -Raw Usber - 1 1 - R4 -New Red - 49 1 1 ONE GALLON LIGHT YELLOW A66YO0156 640399713 Non Returnable Tinted Color CAUTION: To assure consistent color, always order enough paint to complete the job and intermix all containers of the same color before application. Mixed colors may vary slightly fro. color strip or color chip. 0049576 -001 ° Wells, Wayne From: Wells, Wayne Sent: Thursday, February 12, 2009 8:40 AM To: 'chris @njrdevelopment.com' Subject: Revised Aqualea /Hyatt Color Scheme Chris - Michael and I discussed your revised color scheme for Aqualea /Hyatt and these revised colors are approved. You submitted to me building elevation sheets (Sheets A -9.00, A -9.01, A9.02 and A9.03) with the new color scheme. These building elevation sheets were submitted solely to indicate this new color scheme, and as such, these elevation sheets should have an "a" on the end of the sheet number (Sheets A- 9.00a, A -9.01 a, A9.02a and A9.03a). These building elevation sheets indicating the new color scheme do not replace the original building elevation sheets that indicate all kinds of other information, hence the reason for the need for an "a" on the end of the sheet number. Two copies of these building elevation sheets indicating the new color scheme need to be submitted under BCP2005 -09731 D, as well as two copies of the 11 "x17" colored elevations. I will hold onto the color samples and place them under BCP2005 -09731 D once these building elevation sheets are submitted. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727 - 562 -4504 Fax: 727 - 562 -4865 sw6611 Jovial sw6612 Ravishing Cora EAST ELEVATION s sw6611 Jovial sw6612 Ravishing Coral sw6613 Lei Flower sw701 1 Natural Choice WEST ELEVATION I N P A R K I sw661 1 Jovial sw6612 Ravishing Coral sw6613 Lei Flower sw701 1 Natural Choice NORTH ELEVATION sw6611 Jovial sw6612 Ravishing Coral SOUTH ELEVATION Ll 7� At t tor S C. kx6swc. jells ON moon"* see ?,Jev0;e.c� culor E,.� 1 2, . I ,rCMV44*& SHERWIN- WILLIAMS 09120108 j Sher- Color(h) Orderp 2158- 0045683 ! EXTERIOR ARCHITECTURAL , A -100 LATEX FLAT STANDALONE 1002 DOWNY � SHER -COLOR FORMULA, BAC COLORANT OZ 32 64 128 R3•Magenia - Y3-Beep Gold 2 - I ONE GALLON EXTRA WHITE A06W00051 640514899 Non Returnable Tinfed Color !I r - I CAUTION. To assurr. consi;:icr.t color, f always order enough mint to complete the job and intermix all containc- of the oa"mc eolo- bof ore application. Mixed col ore may vary slightly from color strip or color chip. - r IIIIIIIIk�IIlElllllllllllll ►Ill�lkl►k �. � ,•0045683 -001 ✓� E f SHERWIN- WILLIAM', 0911948 • Stier- Coicrr�mj Order# 2158 - 0045661 EXTERIOR ARCHITECTURAL A -100 LATEX FLAT C 8012 OWNER AaUAL A LTGHT CUSTOM MANUAL BAC COLORANT OZ 32 64 i28 R4-Nev, Red 61 - 1 Y3 -Deep Gold ? i 1 ONE GALLON LIGHT YELLOW A06YOGO56 640333928 Nan Returnable Tinied Color c AUT i ON a cohoisteni eplar, always or der aeno,,gh pain' to complete the +ob an:; inf ermix ali containers of the _ L' —I or before appllcatipn. Mixed color:. n.aY var.. s1a9h41v from eol im e. {{:p for co; or chip 0045661-001 SHERWIN - WILLIAMS 11/06/08 Sher- Color(in) Order# 2158 - 0047166 EXTERIOR ARCHITECTURAL A-100 LATEX FLAT IFC 8012 COMP (BOD3) 19OD -5 PEONY PINK CUSTOM SHER -COLOR MATCH BAC COLORANT OZ 32 64 128 W1 -Whiie 4 34 - - R4 -Neu Red 4 21 - 1 Y3 -Deep Gold 2 8 1 - ONE GALLON DEEP AOSWOO153 640399671 Non Returnable Tinied Color CAUTION: To assure consistent color. almays order .... ghpoint to complete the job and intermix all containers of the same color before application. Mixed colors may vary slightly from color strip or color chip. Illlllflllllllllllllllllllllllllillll � , 0047166 -001 Mecl�Um SHERwiN- WILLIAMS 09120/08 Sher- Color(iwo Order# 2156 - 0045661 EXTERIOR ARCHITECTURAL A -100 LATEX FLAT IFC 8012 OWNER AOUALEA DARK CUSTOM MANUAL MATCH 8AC COLORANT OZ 32 64 128 Wl -White 2 45 • - R2- Maroon 16 - 1 k4 -New Red 4 44 13 -Deep Gold 2 20 1 ONE GALLON DEEP A060153 640399611 Non Returnable Tinted Color CAUTION. To —%urc con =.intent color. al Way:: order enough pain{ {o comp). {e the ioh ano n{er mix all con{ai ," of {ne same eo2or hci pre app) tea {ion. Mi %ec Colo. may �: gh{1y from color .•. _. r c�_:. - _r. t� I'll 3 t, !, 1 1 2 �� Wells, Wayne From: Wells, Wayne Sent: Thursday, February 12, 2009 9:01 AM To: 'chris @njrdevelopment.com' Cc: Delk, Michael Subject: Concession Building Chris - I talked with Michael late Tuesday about the proposed concession building. As to the two issues of concern we discussed, this was the decision: 1. Height - The condition of approval limited the size and height of the structure (maximum of 1200 square feet and one - story in height). The proposed concession building should not exceed 15 feet in height from grade to the top of the roof, 2. Sales of items - The Development Agreement limited the concession building to providing "towels, lockers, minimal beach sundries and other beach gear required to operate a first class beach hotel... ". The dictionary defines sundries as "small, miscellaneous items of little value ". The definition refers to "notions," which is defined as "small articles, as buttons, thread, ribbon, and other personal items, esp. such items displayed together for sale, as in a department store" and "small personal articles or clothing or sewing items ". The seating for drinking and /or eating was not anticipated, otherwise the Development Agreement would have specified a restaurant or words conveying such use (such as seating for the purpose of eating or drinking). Such use of restaurants is permissible on the areas zoned Tourist District, not the Open Space /Recreation District. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727 - 562 -4504 Fax: 727 - 562 -4865 0 Wells, Wayne From: Kurtz, Timothy M. Sent: Monday, February 02, 2009 12:04 PM To: Wells, Wayne Cc: Delk, Michael; Clayton, Gina; Tefft, Robert Subject: RE: Proposed Hyatt/Aqualea Concession Pavilion Thanks Wayne! I appreciate your including my comments, but I do have one point we need to clarify. In note #6 you state that "there is a Medjool Palm that will be impacted by the pavilion design, as well as other landscaping. Need to see Tim Kurtz, as this landscaping will need to be relocated or replaced, including irrigation." The pavilion should be redesigned and /or shifted eastward to lessen the impacts to this palm. This palm is still being established, and we need to eliminate any adverse impacts that we can. That would include not interrupting it's regular irrigation. These large specimen palms are placed in a very formal and symmetrical arrangement, and that needs to be preserved. In addition, every effort needs to be taken to preserve the Beach Walk hardscape also. I would note that it takes a crane to lift and move a Medjool Palm. We do not allow vehicles and /or heavy equipment on the concrete walks and plazas of Beach Walk. Even City departments are having to live with this restriction. This will be a serious consideration in the construction of this structure. For example, concrete trucks cannot dive right up to this site. Therefore, they will likely need to pump in from the roadway. Please keep us informed as this project moves forward. Thanks, Tim Kurtz, Senior Landscape Architect City of Clearwater - Engineering Department 100 S. Myrtle Ave., #220 Clearwater, FL 33756 -5520 Phone: (727) 562 -4737 Fax: (727) 562 -4755 - - - -- Original Message---- - From: Wells, Wayne Sent: Monday, February 02, 2009 11:32 AM To: Delk, Michael Cc: Clayton, Gina; Tefft, Robert; Kurtz, Timothy M. Subject: Proposed Hyatt/Aqualea Concession Pavilion Michael - You have given me a three -sheet set of plans for the proposed Hyatt/Aqualea Concession Pavilion to review and give you comments (which I will return). Similar plans were submitted under BCP2005 -09731 D (still in "received" status; amendment plans submitted August 22, 2008; reviewed by me on November 9, 2008), where my comments were as follows: Sheet A -5.29 - This is the first time the concession building has been submitted: a. This concession building must be removed from this permit set, as it needs a separate building permit. b. In accordance with the Development Order issued for Case FLD2007- 01001, must comply with the following condition of approval: "That the concession facility not exceed 1,200 square feet in area, be one -story in height and its design, materials and color be consistent with the hotel building and with Beach by Design guidelines and be designed to meet FEMA requirements within a Velocity Flood Zone." Need to know the square footage of such concession building. c. In accordance with the Development Order issued for Case FLD2007- 01001, must comply with the following condition of approval: "That, prior to the issuance of the building permit for the concession facility, the State Department of Environmental Protection approve its location seaward of the Coastal Construction Control Line." Submit a letter of approval from the appropriate State agency for such concession building. d. In accordance with the Development Agreement recorded in OR Book 15677, Pages 1520 -1553, the concession building may provide "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 ". There appears to be indicated seating at tables and at bars, which appears inconsistent with the Development Agreement. Revise. e. Provide material and colors of exterior of building. f. In accordance with the Development Agreement recorded in OR Book 15677, Pages 1520 -1553, the concession building "shall not display the name Hyatt or any other hotel related mark on the structure of the facility. Additionally the persons working within the facility shall wear no pins or other identification bearing the name Hyatt or any other hotel related mark." Remove signage from the building. The above comments are still applicable. I have reviewed the plans you have given me and I provide the additional comments below (Note: I have spoken to Tim Kurtz in Engineering and my comments embody some of his off - the -cuff review): 1. Provide height dimensions on the elevations. Plans previously submitted under BCP2005 -09731 D indicated the overall height from finished floor to the top of the roof was right under 34 feet. While the structure has only one floor, the proposed height does not appear to comply with the Development Order that it be one -story in height. 2. Site plan on Sheet A -5.29 does not match the floor plan on the same sheet, as there is no 'bar" at the wall of the pavilion. 3. The entrance on the northwest side is adjacent to a landscaped area. Suggest relocating this entrance to the north side to avoid conflicts. Otherwise, need to contact Tim Kurtz regarding the landscaping in this area. 4. A circle has been field provided for the pavilion. Unclear, based on the octagonal design, if additional pavement is being proposed to fill in between the circle and the wall of the pavilion (with similar paving material and color of material). See Tim Kurtz. 5. There is an existing accent pier for a seating wall on the southwest side of the pavilion that is impacted by the wall of the pavilion. Revise. 6. There is a Medjool palm that will be impacted by the pavilion design, as well as other landscaping. Need to see Tim Kurtz, as this landscaping will need to be relocated or replaced, including irrigation. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727 - 562 -4504 Fax: 727 - 562 -4865 a, Wells, Wayne From: Wells, Wayne Sent: Monday, February 02, 2009 11:32 AM To: Delk, Michael Cc: Clayton, Gina; Tefft, Robert; Kurtz, Timothy M. Subject: Proposed Hyatt/Aqualea Concession Pavilion Michael - You have given me a three -sheet set of plans for the proposed Hyatt/Aqualea Concession Pavilion to review and give you comments (which I will return). Similar plans were submitted under BCP2005- 09731D (still in "received" status;. amendment plans submitted August 22, 2008; reviewed by me on November 9, 2008), where my comments were as follows: Sheet A -5.29 - This is the first time the concession. building has been submitted: a. This concession building must be removed from this permit set, as it needs a separate building permit., b. In accordance with the Development Order issued for Case FLD2007- 01001, must comply with the following condition of approval: "That the concession facility not exceed 1,200 square feet in area, be one -story in height and its design, materials and color be consistent with the hotel. building and with Beach by Design guidelines and be designed to meet FEMA requirements within a Velocity Flood Zone." Need to know the square footage of such concession building. c. In accordance with the Development Order issued for Case FLD2007- 01001, must comply with the following condition of approval: "That, prior to the issuance of the building permit for the concession facility, the State Department of Environmental Protection approve its location seaward of the Coastal Construction. Control Line." Submit a letter of approval from the appropriate State agency for such concession building. d. In accordance with the Development Agreement recorded in OR Book 15677, Pages 1520 -1553, the concession building may provide "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 ". There appears to be indicated seating at tables and at bars, which appears inconsistent with the Development Agreement. Revise. e. Provide material and colors of exterior of building. f. In accordance with the Development Agreement recorded in OR Book 15677,. Pages 1520 - 1553, the concession building "shall not display the name Hyatt or any other hotel related mark on the structure of the facility. Additionally the persons working within the facility shall wear no pins or other identification bearing the name Hyatt or any other hotel related mark." Remove signage from the building. The above comments are still applicable. I have reviewed the plans you have given me and I provide the additional comments below (Note:. I have spoken to Tim Kurtz in Engineering and my comments embody some of his off - the -cuff review): 1. Provide height dimensions on the elevations. Plans previously submitted under BCP2005 -09731 D indicated the overall height from finished floor to the top of the roof was right under 34 feet. While the structure has only one floor, the proposed height does not appear to comply with the Development Order that it be one -story in height. 2. Site plan on Sheet A -5.29. does not match the floor plan on the same sheet, as there is no "bar" at the wall of the pavilion. 3. The entrance on the northwest side is adjacent to a landscaped area. Suggest relocating this entrance to the north side to avoid conflicts. Otherwise, need to contact Tim Kurtz regarding the landscaping in this area. 4. A circle has been field provided for the pavilion. Unclear, based on the octagonal design, if additional pavement is being proposed to fill in between the circle and the wall of the pavilion (with similar paving material and color of material). See Tim Kurtz. 5. There is an existing accent pier for a seating wall on the southwest side of the pavilion that is impacted by the wall of the pavilion. Revise. 6. There is a Medjool palm that will be impacted by the pavilion design, as well as other landscaping. Need to see Tim Kurtz, as this landscaping will need to be relocated or replaced, including irrigation. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 Phone: 727 - 562 -4504 PLANNING DEPARTIVIENT CITY OF C LEARWAT E R POST OFFICE BOX 4748, CLEARWATER, FLORIDA 3375748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLEAwNUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 5624567 FAx (727) 562 -4865 July 20, 2009 Mr. Keith Zayac Keith Zayac & Associates, Inc. 701 Enterprise Road, Suite 404 Safety Harbor, FL 34695 Re: Development Order — Minor Revision FLD2004 -07052 — 301 South Gulfview Boulevard Dear Mr. Zayac: On November 16, 2004, the Community Development Board (CDB) approved with nine conditions the above referenced case, which was a request for Flexible Development approval to amend a previously approved FL 01 -01 -01 (CDB approved on February 20, 2001) to permit an additional 24 overnight accommodation units from the density pool (in addition to the previously approved 250 overnight accommodation units) as a mixed use, with a maximum of 70,000 square feet of amenities accessory to the hotel and a minimum of 400 public parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C. Revised plans Have uecn sublllllLGd relleCtlllg a Cllallge w ule cligilicer Vf reCoru, 11Jugl Vuliu iloor �� changes to provide constructability and the revised front entry area along Coronado Drive. In accordance with Section 4 -406.A of the Code, the revisions proposed are deemed to be a Minor Revision and are APPROVED. Building plans under Building Permit BCP2005 -09731 have been previously submitted and approved reflecting these changes. The purpose of this Minor Revision is to ensure these revisions are reflected under the Flexible Development case file. Should you have any questions, feel free to contact Wayne M. Wells, AICP, Planner 1I1, at 727 - 562 -4504. Sincerely, r-� Michael 5e", P Planning Director S: (Planning DepartmenhC D BIFLEX (FLD)Vnactive or Finished ApplicationslGulfview S 0301 Hyatt (T) -Approved 20041 Gulfview S 0301 Minor Revisions Development Order 2 7.20.09.doc 11� 'W jf ei.. = iii .. go4TE 1 ii X LO \G RANGE PLANNING DI, VI:LOPMI:NT R1:VII ?W y, a UITY OF LEARWATER PLANNING DEPARTMENT Pos'r OFFice. Box 4748, CI.I,ARWATI.R, FLORIDA 33758 -4748 MUNICIPAL. SERVICI;s RUIL.DING, 100 SOUTH MYRTLE AVF.NIiE, CI,FARWA'1-ER, FLORIDA 33756 1'I:Lt:Pr1oN,: (727) 562 -4567 FAx (727) 562 -4865 January 25, 2007 Mr. Christopher D. Bastas Director of Development NJR Development Company, LLC 101 E. Kennedy Blvd. Suite 2125 Tampa, Florida 33602 Re: Development Order — Minor Revision FLD2004 -07052 — 301 South Gulfview Boulevard — Aqualea Resort and Residences Dear Mr. Bastas: On November 16, 2004, the Community Development Board (CDB) approved with nine conditions the above referenced case, which was a request for Flexible Development approval to amend a previously approved FL 01 -01 -01 (CDB approved on February 20, 2001) to permit an additional 24 overnight accommodation units from the density pool (in addition to the previously approved 250 overnight accommodation units) as a mixed use, with a maximum of 70,000 square feet of amenities accessory to the hotel and a minimum of 400 public parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C. A proposal has been submitted to revise the approved project with the following: • With the availability of the Second Street right -of -way (deeded to the City), traffic circulations patterns on the ground floor have been revised to provide egress from the building to Second Street; • Loading and trash collection access has been relocated to Second Street; • The internal helix has been replaced with a speed ramp to gain access from the ground floor to Parking Level 3; • The parking garage cashier booths have been relocated to Parking Level 3; • Driveways on the west side on South Gulfview Boulevard have been removed; • Monumental stairs have been provided on the west side allowing access from the ground floor to the Hotel Level 2; • The east, north and south elevations of the building have been modified replacing the "solid" walls of the parking levels with decorative railings, arches and columns to more closely match that of the habitable floors of the hotel; • Vertical elements of the hotel towers on the north and south elevations have been modified to improve views and to coordinate with the parking levels; and • The roof profile has been modified to reduce the size of the mansard roof portions. FRAn'R I liit ARD, NIA- FOR ol!,�: IDoR;A.:, I.1(AT I lA>IIIAON, ( :Ol M:IL:.iI:,M1:R 1311.L ON,CO\. (.;ARi.I[ \A. PP IF.RsI? \. Ci)i \cil_:�{ICaItrR "EQUAL I:MYi.OYNIFN i.:dl) AI I w,,,1P;rm, AC'I1 iN I'.AI111.0 -i ?R" C January 25, 2007 Bastas — Page 2 In accordance with Section 4 -406.A of the Code, the revisions proposed are deemed to be a Minor Revision and are APPROVED with the following conditions that must be addressed on the site, landscape and building plans for building permits: 1. All conditions of approval from the CDB approval on November 16, 2004, are still in effect; 2. Changes approved through this Minor Revision must be submitted for amendment to the issued Building Permit BCP2005- 09731. Nothing in this Minor Revision approval includes any review by the Building and Fire Departments. All revisions must comply with Building and Fire Codes; 3. Civil Plans must be amended to coincide with the ground level redesign of traffic circulation, including labeling the right turn lane into the hotel on Coronado Drive; 4. The fountain pump under the monumental stairs on the west side shown on Sheet A -3.00 must meet FEMA regulations; 5. Prior to the issuance of the building permit, the Director of Solid Waste must approve all solid waste locations, compactors and design details; 6. Elevation Sheets A -9.02 and A -9.03 must be amended to properly show Condo Unit D-4 balconies west of Station Point 2 for Levels 3 — 6; 7. The rooftop cooling tower must be painted to be similar as the majority of the building facade; 8. In addition to mirrors to aid motorists backing out of parking spaces, signs must be installed stating "Use column- mounted mirrors when backing" for parking spaces on Sheet A -3.02 (spaces 7 and 14), Sheet A3.03 (spaces 50, 78 and 83), Sheet A3.04 (spaces 169, 197 and 202), Sheet A- 3.05 (spaces 288, 316 and 321), Sheet A3.06 (spaces 140, 180 and 185) and Sheet A3.07 (spaces 253 and 304). The location of mirrors for parking spaces shown on Sheet A3.04 (spaces 169, 197 and 202), Sheet A -3.05 (spaces 288, 316 and 321), Sheet A3.06 (spaces 140, 180 and 185) and Sheet A3.07 (spaces 253 and 304) must be approved by Traffic Engineering prior to the issuance of the building permit; and 9. Sheets A -9.00 — A -9.03 must be revised to provide the dimensions for the height of stair /elevator towers and mechanical equipment "tower" above the top of the roof deck above Level 17 from roof deck to the top of such. Should you have any questions, feel free to contact Wayne M. Wells, AICP, Planner III, at 727 -562 -4504. Sincerely, Michael del , AI Planning Director S: (Planning DepartmentlC D BIFLEX (FLD)IInactive or Finished ApplicationslGu�Niew S 0301 Hyatt (7) - Approved 20041Gulfview S 0301 Minor Revisions Development Order 1.25.07.doc CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE BOX 4748, .CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 LONG RANGE PLANNING TELEPHONE (727) 562 -4567 FAx (727) 562 -4576 DEVELOPMENT REVIEW January 6, 2006 mas"r Christopher D. Bastas 0 # 4 ; NJR Development Company I 101 E. Kennedy Blvd, Suite 2125 Tampa, FL 33602 RE: Development Order - FLD2004- 07052, 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive Dear Mr. Bastas: This letter is a correction and/or clarification with regard to my December 29, 2005 letter to you regarding a second request for approval of minor amendments relative to the above reference project. The purpose of which is to ensure no miscommunication with regard to the status of one component of that minor amendment request regarding the existence of a southerly curb cut. In light of the requested amendment resulting in it being a loading zone rather than a driveway access as originally approved, Public Works Engineering has maintained that the curb cut should be eliminated and a loading zone function be incorporated as a pull out along Gulfview Boulevard. Notwithstanding my December 29 letter indicating that the change could be approved as a minor change, not requiring CDB approval, this nonetheless does not preclude permitting and may not be approved by the City. This may result in the need for permit plans to be revised accordingly. If you have any questions, please do not hesitate to call me. Sincerely, Michael Delk, AICP Planning Director BRIAN J. AUNGS1, MAYOR FRANK HIBB.ARD, VICE MAYOR HOPI' HAm1L1'ON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER - CARLEN A. PETERSON, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" LONG RANGE PLANNING DEVELOPMENT REVIEW December 29, 2005 Christopher D. Bastas NJR Development Company 101 E. Kennedy Blvd, Suite 2125 Tampa, FL 33602 )i_Jk.d � CITY OF a ILEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562 -4865 RE: Development Order - FLD2004- 07052, 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive Dear Mr. Bastas: On November 16, 2004, the Community Development Board reviewed your Flexible Development application to amend a previously approved FL 01 -01 -01 (CDB approved on February 20, 2001) to permit an additional 24 overnight accommodation units from the,.density pool (in addition to the previously -approved 250 overnight Accommodation units) as a mixed use, with a maximum of 70,000 square feet of amenities accessory to the hotel and a minimum of 400 public, parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions�of ..Section 2- 803.C, at 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive. voLl ha _, requ.cst -d �,t)p Vn. al Fn.- orL�, }�nn�l ? t.I�n'r I "S. to t! C ap ro\ Il pul-su„Ilt IC! c. eitta <',i a !.. Site plai:iS and building plans \'Then SLIh"nal -tli,: for ?C:.,I,, GBi:.itltS. Dl- hereby delineated shall not be deeined to be eipproval of a chanme i7 ail, rr!,- co;; -.? -t_ z e'ertr e7ner7t, or Cl:'teT7:,lil`7tio71 L�-�J'171 tV %lrch trap% C1�J�J7'nl .,l l.i b6lSeL 'V _'l rec1't!C'St for %';mior reY(Sion ( nrnval. DcvcIorn, .... ._ ..._._.. The conun,;1;n t to exceed one'. year and only within the original period of validity. Tare Dcvclopmenf Board Ilrl; approve one additional extension of time, after the coiiununity development coordinator's extension to 'initiate • a building permit appli>ration. If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727 -562 -4504. Sincerely, Michael Delk, AICP Planning Director PRANK HIBBARD, MAYOR Biu. JONSON, Vtcr -MAYOR JOHN DORAN, C0UNCILMrN1BER HovT HAMILTON, COUNCI.MrMBER CARU.N A. PErrRSEN, COUNCttMEMBER 5 "EQUAI. EMPLOYMI?NT AND AFFIRMATm.- ACTION F_MPLO'T'R" December 16, 2005 Michael Delk, AICP Planning Director City of Clearwater 100 S. Myrtle Avenue P.O. Box 4748 Clearwater, FL 33756 RE: Request for approval of Minor Modifications to the Second Amended Agreement for Development of Property between'the City of Clearwater and Beachwalk Resort, LLC (Aqualea / Hyatt Clearwater Beach Resort) Dear Michael: Pursuant to our Development Agreement, we submitted plans to the City of Clearwater for purposes of obtaining a building permit. As part of its review of our plans, the Planning Department raised certain issues concerning the spacing between the north and south wings of the building, the Gulfview Boulevard service access and the first floor internal drive. This letter requests that discrepancies in these areas, as described below, between our submitted plans and the plans attached to our Development Agreement, be deemed minor revisions to our Development Agreement. North and South Wing Spacing The approved plans in the Development Agreement provide for a separation of 92 feet between the structural columns of the north and south wings of the building. The submitted plans retain this same 92 foot separation between the structural columns. The separation of the roof lines between the two wings is also 92 feet in the submitted plans, as it was in the approved plans. The approved plans had a 100 foot separation between the air conditioned spaces in the wings, and a 92 foot separation between the balconies of the wings. The design submitted for building permit extended the air conditioned space in certain bays to the edge of the previously approved balcony space (to the structural column) creating a 92 foot separation between air conditioned spaces in some bays, while in other bays, the depth of the balcony was increased, creating a separation of greater than 100 feet between air conditioned spaces. Gulfview Boulevard Service Access The Gulfview Boulevard service access at the south side of the building represents a much safer, pedestrian friendly use of a previously approved driveway in the same location. The approved plans in the Development Agreement utilized this driveway as the only means for vehicular exit from the 750 car parking garage. The submitted design utilizes this driveway to provide service access for retail space on the ground floor. In either instance, vehicular traffic was crossing the pedestrian sidewalk system. 101 E. Kennedy Blvd., Suite 2125 ® Tampa, Florida 33602 ® (813) 226 -9897 ® Fax (813) 226 -8747 The submitted plans dramatically reduce the amount of vehicular traffic across the sidewalk. Internal DriveAL The approved plans in the Development Agreement contained an internal drive that allowed vehicles parked on the first level of the garage to access the east west service drive at the northern portion of the building. This access was located at column line 4 (see attached page). The plans submitted for building permit have simply shifted this access 60 feet to the east, to column line 6. Thank you for your consideration of these requests. If I can provide you with any additional information on the status of our efforts, please call. Sincerely, NJR Development Company Christopher D. Bastas Director of Development jmw GENERAL NOTE5 O KETNOTE5 () KETNOfES 6 LEGEND ^ n�cwra w•u.c.ns.I.c. PARKING COUNT � vvui rKSnw Z PUBLIC NC. P-tm GROUND FLOOR PLAN "-r "GATT 3LEARWATER BEACH RESORT AND SPA �m n P � AftCMTEcTs November 18, 2004 Ms. Debra Butler Northside Engineering Services, Inc. 601 Cleveland Street, Suite 930 Clearwater, FL 33755 RE: Development Order - FLD2004- 07052, 229 and 301 South Gulfview Boulevard and 230, 300 and . 304 Coronado Drive Dear Ms. Butler: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On November 16, 2004, the Community Development Board reviewed your Flexible Development application to amend a previously approved FL 01 -01 -01 (CDB approved on February 20, 2001) to permit an additional 24 overnight accommodation units from the density pool (in addition to the previously approved 250 overnight accommodation units) as a mixed use, with a maximum of 70,000 square feet of amenities accessory to the hotel and a minimum of 400 public parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C, at 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive. The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2- 803.C. 2. The proposal is in compliance with other standards in the Code, including the General Applicability Criteria per Section 3 -913. 3. The proposal complies with the Design Guidelines of Beach by Design, as described in detail in this report. Conditions of Approval: (* Indicates prior condition of approval adopted February 20, 2001, under FL 0 1 -0 1 -0 1 that is carried forward) 1. That the application be effective upon development agreement approval by City Council;* 2. That the South Gulfview Boulevard and Third Street rights -of -way be vacated by City Council;* 3. That the final design of building be consistent with conceptual elevations submitted and /or modified by the Community Development Board;* 4. That hotel rooms not incorporate lockout units with separate corridor doors. This shall be shown on building plans prior to the issuance of building permits; 5. That, prior to the issuance of building permits, the stormwater design be approved by the City Engineering Department; BRIAN J. AUNGST, MAYOR - COMMISSIONER HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER BILL JONSON, COMMISSIONER "EQUAL. EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" R I T`S' �� LEARATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33 756 TELEPHONE (727) 562-4567 FAx (727) 562 -4576 LONG RANGE PLANNING DEVELOPMENT REVIEW November 18, 2004 Ms. Debra Butler Northside Engineering Services, Inc. 601 Cleveland Street, Suite 930 Clearwater, FL 33755 RE: Development Order - FLD2004- 07052, 229 and 301 South Gulfview Boulevard and 230, 300 and . 304 Coronado Drive Dear Ms. Butler: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On November 16, 2004, the Community Development Board reviewed your Flexible Development application to amend a previously approved FL 01 -01 -01 (CDB approved on February 20, 2001) to permit an additional 24 overnight accommodation units from the density pool (in addition to the previously approved 250 overnight accommodation units) as a mixed use, with a maximum of 70,000 square feet of amenities accessory to the hotel and a minimum of 400 public parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C, at 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive. The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2- 803.C. 2. The proposal is in compliance with other standards in the Code, including the General Applicability Criteria per Section 3 -913. 3. The proposal complies with the Design Guidelines of Beach by Design, as described in detail in this report. Conditions of Approval: (* Indicates prior condition of approval adopted February 20, 2001, under FL 0 1 -0 1 -0 1 that is carried forward) 1. That the application be effective upon development agreement approval by City Council;* 2. That the South Gulfview Boulevard and Third Street rights -of -way be vacated by City Council;* 3. That the final design of building be consistent with conceptual elevations submitted and /or modified by the Community Development Board;* 4. That hotel rooms not incorporate lockout units with separate corridor doors. This shall be shown on building plans prior to the issuance of building permits; 5. That, prior to the issuance of building permits, the stormwater design be approved by the City Engineering Department; BRIAN J. AUNGST, MAYOR - COMMISSIONER HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER BILL JONSON, COMMISSIONER "EQUAL. EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" November 18, 2004 Butler — Page Two 6. That site plans indicate the dedication of 10 feet for the Coronado Drive right -of -way prior to the issuance of any pen-nits; 7. That, prior to the issuance of building permits, compliance with Code encroachment provisions into the right -of -way of Coronado Drive be shown on site and building plans for the canopy over the main entry doors; 8. That measures to reduce visibility restriction issues of sheer walls within the parking areas be addressed to the satisfaction of the City's Traffic Engineering Department prior to the issuance of building permits; and 9. That, prior to the issuance of building permits, Open Space and Recreation Impact Fees be paid. Pursuant to Section 4 -407, an application for a building permit shall be made within the time frames set forth in the Development Agreement. All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Board may grant an extension of time for a period not to exceed one year and only within the original period of validity. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4 -502.13 by the applicant or by any person granted party status within 14 days of the date of this Development Order. The filing of an application /notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on November 30, 2004 (14 days from the date of the CDB meeting). If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at 727 -562- 4504. You can access zoning information for parcels within the City through our website: www.myclearwater.com. *Make Us Your Favorite! Sincerely, Cynthia H. Tarapam, AICP Planning Director S. IPlmining DepnrtmentlC D BIFLEAIPending cnsesl Up for the next CDBIGtdfview S 301 Hyatt (T) - ApprovedlGulfview S 301 Development Order.doc " SW 6613 Lei F I Exit Exit - i i 9�ii iii IWl CEI- I E I- .7 1-1 Y—AT,:' 17 ..... . . . ........... 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E-11 'J IN sms 1111001 MEN CD AMENDMENT NO1 CD AMENDMENT NO 10 AUGUST 29, 2007 NOT ISSUED CD AMENDMENT NO 2 CD AMENDMENT NO 11 NOVEMBER 16, 2007 MAY 22, 2008 CD AMENDMENT NO 3 CD AMENDMENT NO 12 DECEMBER 12, 2007 JUNE 16, 2008 CD AMENDMENT NO 4 CD AMENDMENT NO 13 JANUARY 16, 2008 JULY 28, 2008 CD AMENDMENT NO 5 CD AMENDMENT NO 14 FEBRUARY 14, 2008 SEPTEMBER 26, 2008 CD AMENDMENT NO 6 CD AMENDMENT NO 15 FEBRUARY 19 . 2008 OCTOBER 21 2005 SW 6612 Ravishing Coral SW 6613 Lei Flower 0m, ® - - 11111111 0m1 I IN Nu'-`rR`T'r1 ELEVAT10"'N SCALE: 1/8" =1` -0" 0-11 F:1Q - m - W11 REVISIONS BY NO 2 2007 0 S NO 3 2007 CD AMENDMENT NO 4 JANUARY 16, 2008 CD AMENDMENT NO 11 MAY 22, 2008 A07-28-08 NO 12 2008 CO AMENDMENT NO 13 JULY 28, 2008 CD AMENDMENT SEPTEMBER 26, 2�0 9-26-08 I:LT/BVH CD AMENDMENT DECEMBER 01, uj DE LALS 0 A5 10-24-08 BVH A& 12-01-08 ELT uu m o U) < UJ 3� (If D D I� .. ...... .. ...... . ....... .... ........ .... ........ ... ... .... .... ... . .... ON 0 I 0 Ll lL co CD AMENDMENT NOVEMBER 16, NO 2 2007 CD AMENDMENT DECEMBER 12, NO 3 2007 CD AMENDMENT NO 4 JANUARY 16, 2008 CD AMENDMENT NO 11 MAY 22, 2008 CD AMENDMENT JUNE 16, NO 12 2008 CO AMENDMENT NO 13 JULY 28, 2008 CD AMENDMENT SEPTEMBER 26, NO 14 2008 CD AMENDMENT NO 15 OCTOBER 24, 2008 CD AMENDMENT DECEMBER 01, uj DE NO 17 2008 0 .1 UL- uu m o U) < UJ 3� (If < W :D 0 CD AMENDMENT NO 1 AUGUST 29, 2007 CD AMENDMENT NOVEMBER 16, NO 2 2007 CD AMENDMENT DECEMBER 12, NO 3 2007 CD AMENDMENT NO 4 JANUARY 16, 2008 CD AMENDMENT NO 11 MAY 22, 2008 CD AMENDMENT JUNE 16, NO 12 2008 CO AMENDMENT NO 13 JULY 28, 2008 CD AMENDMENT SEPTEMBER 26, NO 14 2008 CD AMENDMENT NO 15 OCTOBER 24, 2008 CD AMENDMENT DECEMBER 01, NO 16 2008 CD AMENDMENT DECEMBER 12, NO 17 2008 CD AMENDMENT NO 18 JANUARY 23, 2009 2450 �] dlw # 06-037 A -9.03 SOUTH ELEVATION. SCALE: 1/8" =1' -0" -z CD AMENDMENT NO 1 AUGUST 29 2007 CD AMENDMENT NOVEMBER 16 NO 2 2007 CD AMENDMENT DECEMBER 12 ■ CD AMENDMENT NO 4 JANUARY 16,_2008 CD AMENDMENT NO 11 MAY 22 2008 CD AMENDMENT JUNE 16 Lu CD AMENDMENT NO 13 JULY 28 2008 CD AMENDMENT SEPTEMBER 26 NO 14 2008 CD AMENDMENT NO 15 OCTOBER 24 2008 CD AMENDMENT DECEMBER 01 NO 16 2008 CD AMENDMENT DECEMBER 12 NO 17 2008 CD AMENDMENT NO 18 JANUARY 23 2009 Lu CD AMENDMENT NO 1 AUGUST 29 2007 CD AMENDMENT NOVEMBER 16 NO 2 2007 CD AMENDMENT DECEMBER 12 NO 3 2007 CD AMENDMENT NO 4 JANUARY 16,_2008 CD AMENDMENT NO 11 MAY 22 2008 CD AMENDMENT JUNE 16 Lu CD AMENDMENT NO 13 JULY 28 2008 CD AMENDMENT SEPTEMBER 26 NO 14 2008 CD AMENDMENT NO 15 OCTOBER 24 2008 CD AMENDMENT DECEMBER 01 NO 16 2008 CD AMENDMENT DECEMBER 12 NO 17 2008 CD AMENDMENT NO 18 JANUARY 23 2009 Lu ui CD AMENDMENT NO 1 AUGUST 29 2007 CD AMENDMENT NOVEMBER 16 NO 2 2007 CD AMENDMENT DECEMBER 12 NO 3 2007 CD AMENDMENT NO 4 JANUARY 16,_2008 CD AMENDMENT NO 11 MAY 22 2008 CD AMENDMENT JUNE 16 NO 12 2008 CD AMENDMENT NO 13 JULY 28 2008 CD AMENDMENT SEPTEMBER 26 NO 14 2008 CD AMENDMENT NO 15 OCTOBER 24 2008 CD AMENDMENT DECEMBER 01 NO 16 2008 CD AMENDMENT DECEMBER 12 NO 17 2008 CD AMENDMENT NO 18 JANUARY 23 2009 2450 dlw # 06 -037 A -9.02 ruw- FIF-1 L--j ,l Y-L-� X7-1- FkT IT-5 1/01, N MAI III I^kl /I- rll\ PC)nl= FRAMING - 0C)NSESSION PAVILION Ill' T��Um AIL SCALE: 1 /4" = 11-011 co r. CO Co to E 04 0 N 0 0 Q) (D 0 • • (0 co AIL SCALE: 1 /4" = 11-011 ENLARGED SECTION - CONSESSION PAVILION ELEVATION � CONSESSION PAVILION t z SECTION - CONSESSION PAVILION 43 r. 1 i t _ - -_ Y® v1 ® mvaovl M t M ■ t V A ® % Y ® ® t IN SCALE: 1/4 1 SCALE : 1/411 '- " ,i L . I Y{ -__ i Tj i a , L J- 1 f i 7 T: 711 i 7 E - -J--f F- , -l' r i N � r4 ELEVATION - CONSESSION PAVILION 0 r T�1 11 2 J REVISIONS BY CD AMENDMENT INO 1 AUGUST 29 2007_ CD AMENDMENT NO 2 NOVEMBER 16 2007 CD AMENDMENT NO 3 DECEMBER 12 2007 CD AMENDMENT NO 4 JANUARY 16 2008 CD AMENDMENT NO 11 MAY 22 2008 CD AMENDMENT NO 12 JUNE 16 2008 CD AMENDMENT NO 13 JULY 28, 2008 IX.M9N)M9 wZii /j 2450 dlw # 06 -037 us 1" CD AMENDMENT INO 1 AUGUST 29 2007_ CD AMENDMENT NO 2 NOVEMBER 16 2007 CD AMENDMENT NO 3 DECEMBER 12 2007 CD AMENDMENT NO 4 JANUARY 16 2008 CD AMENDMENT NO 11 MAY 22 2008 CD AMENDMENT NO 12 JUNE 16 2008 CD AMENDMENT NO 13 JULY 28, 2008 IX.M9N)M9 wZii /j 2450 dlw # 06 -037 DETAIL - CONSESSION PAVILION 11 ARCH DETAIL - CONSESSION PAVILION il DETAIL - CONSESSION PAVILION SCALE: () = l'-O" ROOF DETAIL - CONSESSION PAVILION N DETAIL - COiVSESSION PAVILION 9 a J REVISIONSY CD AMENDMENT NO 1 AUGUST 29, 2007 CD AMENDMENT NO 2 NOVEMBER 16 2007 CD AMENDMENT NO 3 DECEMBER 12 2007 CD AMENDMENT NO 4 JANUARY 16 2008 CD AMENDMENT NO 11 MAY 22 2008 CD AMENDMENT NO 12 JUNE 16 2008 CD AMENDMENT NO 13 JULY 28, 2008 CD AMENDMENT NO 14 2450 Iw # 06 -037 i i i CD AMENDMENT NO 1 AUGUST 29, 2007 CD AMENDMENT NO 2 NOVEMBER 16 2007 CD AMENDMENT NO 3 DECEMBER 12 2007 CD AMENDMENT NO 4 JANUARY 16 2008 CD AMENDMENT NO 11 MAY 22 2008 CD AMENDMENT NO 12 JUNE 16 2008 CD AMENDMENT NO 13 JULY 28, 2008 CD AMENDMENT NO 14 2450 Iw # 06 -037 twul ml - / ~ `- ^ - - � L E _0 F 1 3 N FO, � = [X|3T� ELE\A\l0N NEW WATER SERVICE AVERAGE S.F. ^ , � .' � EXIST. CDNlOUR 541 3,F. NEW ELEVA-1l011 QO NEW CONTOUR ' 16 1700 S.F. EXIST. STORM 5EYVE|l NEW CLEAN-OUT(C.O.) 2358 S.F. ' NEW STORM 3[YYER 720 S.F. ' ` ' LAND USE: NEW UNOBlDRA|N EXIST. SAN. SEWER 520 S. F. NEW SAN. SEWER NEW CONCRL 591 S.F. 250 HOTEL UNITS | EXIST. WATER SERVICE | Q . ^ ` `^ USAGE: 250 HOTEL UNITS 18 CONDO UNITS D1 911 S.F. l POINT OF CONNEC TION t" �_- UTILITY 1-0 EXIS11 LOT AREA: 1.63 ACRES 1.63 ACRES 1040 S.F. M METER 1O92 S. F. 153 UNITS PER ACRE 168 UNITS PER ACRE / PREVENUDN UB0C[ [2 ` DENSITY (HOTEL UNITS) (HOTEL UNITS) xJ' kJEN( CONNECTION ` �/ BLOW -OFF FRONT: 09 09 2nd. FLOOR 2 � -__ . Z5O 16 | SETBACKS: ~' ~ SIDE: of of BLDG. HEIGHT: 150' 150' IMPERVIOUS SURFACE RATIO: 1.0 1.0 800 SPACES PARKING: 400 — HOTEL GUESTS/ PATRONS (Z,6,4) SPACES 1 400 — PUBLIC FLOODZONE MFORMATWN 7th. FLOOR 250 HOTEL ROOMS x 1 PKG SPCE PER UNIT = 250 SPACES 20 a 18 CONDO UNITS x 1.5 SPACE PER UNIT = 27 SPACES THE ABOVE DESCRIBED PROPERTY APPEARS TO LIE WITHIN FLOOD PARKING CALCULATIONS: TOTAL REQ'D = 277 SPACES (FOR PROJECT) ZONE "VE" B.F.E.13, "AE" B.F.E.12 484 SPACES PROVIDED FOR PUBLIC PER FLOOD INSURANCE RATE MAP 12103COl 02G LEVEL 13 MAP REVISED: SEPTEMBER 3, 2003 DENSITY ALLOWABLE BASED ON LOT AREA 1.63 ACRES x 40 UPA 65 ROOMS ^PREVIOUSLY APPROVED FL-01-01-01 l ' ^ALLOWED TRANSFER OF 185 UNITS OF DENSITY FROM CITY'S DENSITY POOL. ' y 185 UNITS PLUS 65 = 250 HOTEL ROOMS \ SURVEY INFORMATION PROVIDED BY A SIGNED & SEALED SURVEY BY: ALLAN F. OSLUND, PSM 4659 ' '' CURRENTLY REQUESTING ADDITIONAL 18 CONDO UNITS 24 HOTEL UNITS ~ � x 0.75 = 18 CONDO UNITS 1 : x , � L E _0 F 1 3 N FO, � = [X|3T� ELE\A\l0N NEW WATER SERVICE AVERAGE S.F. ^ , � .' � EXIST. CDNlOUR 541 3,F. NEW ELEVA-1l011 QO NEW CONTOUR ' 16 1700 S.F. EXIST. STORM 5EYVE|l NEW CLEAN-OUT(C.O.) 2358 S.F. ' NEW STORM 3[YYER 720 S.F. ' ` ' HIEW NEW UNOBlDRA|N EXIST. SAN. SEWER 520 S. F. NEW SAN. SEWER NEW CONCRL 591 S.F. | EXIST. WATER SERVICE | Q ` | ' NEW WATER SERVICE AVERAGE S.F. ^ , � .' � NEW INLET 541 3,F. .�` QO 1002 S.F. ' 16 1700 S.F. ' NEW CLEAN-OUT(C.O.) 2358 S.F. ' NEW BUILDING AREA I 720 S.F. ' ` ' HIEW ` A1 520 S. F. NEW CONCRL 591 S.F. A3 625 S.F. . ^ ` `^ E -' ---' - '- -' -� D1 911 S.F. l POINT OF CONNEC TION t" �_- UTILITY 1-0 EXIS11 _ _ A4 1040 S.F. M METER 1O92 S. F. ^' B4 / PREVENUDN UB0C[ [2 ` 1184 S.F. - � xJ' kJEN( CONNECTION ` �/ BLOW -OFF . r ` | | vaLvE DISTRIBUTION QTY AVERAGE S.F. ^ STUDIO 250 541 3,F. D1 QO 1002 S.F. B4 16 1700 S.F. 2 2358 S.F. 268 720 S.F. c TUD P2 505 S.F. A1 520 S. F. F1 591 S.F. A3 625 S.F. _ ~ ` STUCK) ` E 889 S.F. D1 911 S.F. l C1 823 S.F. F3 1015 S.F. _ _ A4 1040 S.F. B3 1O92 S. F. ^' B4 716 3.F. [2 ` 1184 S.F. TWO - 1700 S.F- PLNHMUUSL.`� � 2358 S.F. ` _ A||r33E - .'05 TO 625 l ) ( 8" TO 1184 / ( 33� T0 2.1�7 \ � GHFED AY[DAG[ ° E _FS!D[ TYPICAL !!!RT|1 AND SOUTH T0'4'E1' TYP|(_:Iii C. END UNIT P _)LS0[ TYPICAL I QC3|DE CONNECTOR F )L'_3|DE INSIDE CORUER | ERCOA3TAL CONNECTOR' ( LFS|DE MIDDLE | �TH AND SOUTH TOWER S0PE� l YER ENDCAPS � FLOOR ENDCAP i�,T | jL'lDE CONNECTOR IM|OOLI-l' � h AND 1/Nh FLOOR TOY?EP h LOOP TOWER, � TY PE F2 Al F1 A3 El D1 C1 F3 A4 B3 B4 E Ts l � _ _ --- 29 1st. FLOOR _ -- --. 2nd. FLOOR 2 � -__ . Z5O 16 | | ~' ~ 7th. FLOOR 20 a 3 LEVEL 12 LEVEL 13 14th. FLOOR ROOM /PARKING COUNT � ' 00 v vw co LH letn CA Em wa Lu �^ �^ x � ' } / � " l PUBLIC HC PARKING HOTEL I PARKING', TOTAL PARKING Ts l � _ _ --- 29 h � _ -- --. 2 � -__ . Z5O 16 | | ~' ~ LEVEL 12 LEVEL 13 � ' 00 v vw co LH letn CA Em wa Lu �^ �^ x � ' } / � " SITE PLAN APPROVED CASE TYPE DRC DATE � 7�4JFF ! � __- . . � SyGNAA\u - \ / DATE \ \ | El C. fill 1 0- \ � | - -- � � - l Ts l � _ _ --- 29 h � _ -- --. 2 � -__ . Z5O 16 | | ~' ~ SITE PLAN APPROVED CASE TYPE DRC DATE � 7�4JFF ! � __- . . � SyGNAA\u - \ / DATE \ \ | El C. fill 1 0- \ � | - -- � � - .W. . .M. . ® EROSION CONTROL NOTES 1. DURING CONSTRUCTION SEDIMENT IS TO REMAIN ON SITE. THE CONTR ACTOR IS RESPONSIBLE FOR THE INSTALLATION OF EROSION AND SEDIMENT CONTROL DEVICES PRIOR TO INITIATING AND DURING ALL PHASES OF LAND CLEARING AND CONSTRUCTION TO PREVENT SOIL EROSION AND SILTATION. 2. THE RETENTION AREAS SHALL BE ROUGH GRADED PRIOR TO CONSTRUCTION, WITH ALL STORM WATER DIRECTED TO IT. AFTER COMPLETION OF ALL WORK, REMOVE DEBRIS AND SILTATION FROM THE BOTTOM OF THE RETENTION BASIN, AND FINE GRADE THE FINAL SIX (6) INCHES AND SOD. CONTRACTOR TO MAINTAIN THE SIDE SLOPE REQUIRED AND SHOWN ON PLAN, AND NOTIFY ENGINEER FOR AN INSPECTION PRIOR TO SODDING. 3. THE RETENTION AREAS AND OUTFACE CONTROL STRUCTURES CONSTRUCTED SHALL BE N EARLY IN THE CONSTRUCTION PERIOD TO MITIGATE ANY ADVERSE WATER QUANTITY IN PARTS OFF SITE. 4. AFTER COMPLETION OF THE PROJECT, THE OWNER WILL BE RESPONSIBLE FOR THE OPERATION AND MAINTENANCE OF THE STORMWATER FACILITIES. ACTIONS INCLUDED SHALL BE REGULAR MOWING OF THE BOTTOM AND SIDE SLOPES, PLUS PERIODIC INSPECTIONS AND REMOVAL OF DEBRIS, TRASH, ETC. THAT MAY BLOCK THE OPENINGS IN THE CONTROL STRUCTURES. 5. ALL DISTURBED CONDITIONS SHALL BE RESTORED TO NATURAL CONDITIONS OR BETTER. 6. ALL SIDE SLOPES OF RETENTION OR SWALE AREAS SHALL BE STABILIZED BY VEGETATION OR OTHER MATERIALS TO MINIMIZE EROSION AND PROTECT THE STORMWATER BASIN. NOTE: REQUIRED EROSION CONTROL MEASURES MUST REMAIN INTACT THROUGHOUT CONSTRUCTION. FAILURE TO INSTALL OR PROPERLY MAINTAIN THESE BARRICADES WILL RESULT IN ENFORCEMENT ACTION WHICH MAY INCLUDE CITATIONS, AS PROVIDED BY CHAPTERS 4OD -4 & 4OD -40 F.A.C. CAN RESULT IN A PENALTY NOT TO EXCEED $10,000 PER OFFENSE WITH EACH DATE DURING WHICH SUCH VIOLATION OCCURS CONSTITUTING A OFFENSE. MAINTENANCE AND OPERATIONS INSPECTIONS FOR STORM WATER DISCHARGE FACILITY 1. ALL SODDED AREAS SHALL BE MOWED AND MAINTAINED PROPERLY. 2. UNDER NO CIRCUMSTANCES SHALL THE RETENTION AREA BE FILLED WITH ANY OTHER SUBSTANCE THAN STORMWATER. 3. SWALE AREAS SHALL BE KEPT CLEAN AND FREE OF ANY OBSTRUCTIONS. 4. IF DAMAGE TO THE SYSTEM DOES OCCUR, THE SYSTEM SHALL BE RECONSTRUCTED IN ACCORDANCE WITH THE APPROVED PLAN. OPERATION & MAINTENANCE OF THE STORMWATER SYSTEM THE OWNER SHALL PERIODICALLY MONITOR THE STORMWATER SYSTEM (PIPE CONVEYANCE SYSTEM AND RETENTION POND) FOR SILT AND SEDIMENTATION BUILD UP. THE PIPE CONVEYANCE SYSTEM SHALL BE FLUSHED, AS DEEMED NECESSARY NO LESS THAN TWICE A YEAR. ALL MATERIAL SHALL BE COLLECTED DOWNSTREAM AND REMOVED. THE RETENTION POND SHALL BE KEPT MOWED AND THE BOTTOM FREE OF DEBRIS. IF WATER STANDS IN THE POND MORE THAN 48 HOURS THE OWNER SHALL RAKE AND /OR SCARIFY THE POND BOTTOM, AS DEEMED NECESSARY AND NO LESS THAN TWICE A YEAR TO RESTORE THE PERCOLATION CHARACTERISTICS OF THE POND. THE OWNER WILL BE RESPONSIBLE TO MAKE SURE THAT TO THE BEST OF HIS ABILITY NOTHING ENTERS THE SYSTEM BESIDES STORMWATER THAT COULD DETERIORATE THE FUNCTIONING CAPABILITIES OF THE SYSTEM, I.E. GASOLINE, OIL, GREASE, CHEMICALS, ETC. THE POND UNDERDRAIN SYSTEM SHALL BE INSPECTED ANNUALLY AND RETROFITTED AND FLUSHED SEMI - ANNUALLY. CLOGGED OR SPENT FILTER MATERIAL SHALL BE DISPOSED OF It ALL MANNERS AS WITH THE HANDLING OF HAZARDOUS WASTE. THE SPENT FILTER MATERIAL SHALL BE DISPOSED OF IN A PERMITTED FACILITY. EROSION AND SILTATION CONTROL NOTES 1. SEDIMENT TRAPPING MEASURES: SEDIMENT BASINS AND TRAPS, PERIMETER BERMS, FILTER FENCES, BERMS, SEDIMENT BARRIERS, VEGETATIVE BUFFERS AND OTHER MEASURES INTENDED TO TRAP SEDIMENT AND /OR PREVENT THE TRANSPORT OF SEDIMENT ONTO ADJACENT PROPERTIES, OR INTO EXISTING WATER BODIES, MUST BE INSTALLED, CONSTRUCTED OR, IN THE CASE OF VEGETATIVE BUFFERS, PROTECTED FROM DISTURBANCE, AS A FIRST STEP IN THE LAND ALTERATION PROCESS. SUCH SYSTEMS SHALL BE FULLY OPERATIVE AND INSPECTED BY THE ENGINEER BEFORE ANY OTHER DISTURBANCE" OF THE SITE BEGINS. 2. PROTECTION OF EXISTING STORM SEWER SYSTEMS: DURING CONSTRUCTION, ALL STORM SEWER INLETS IN THE VICINITY OF THE PROJECT SHALL BE PROTECTED BY SEDIMENT TRAPS SUCH AS SECURED HAY BALES, SOD, STONE, ETC., WHICH SHALL BE MAINTAINED AND MODIFIED AS REQUIRED BY CONSTRUCTION PROGRESS, AND WHICH MUST BE APPROVED BY THE ENGINEER BEFORE INSTALLATION. 3. SEDIMENTATION BASIN: THE CONTRACTOR WILL BE REQUIRED TO PROHIBIT DISCHARGE OF SILT THROUGH THE OUTFALL STRUCTURE DURING CONSTRUCTION OF ANY RETENTION AREA AND WILL BE REQUIRED TO GLEAN OUT THE RETENTION AREA BEFORE INSTALLING ANY PERMANENT SUBDRAIN PIPE. IN ADDITION, PERMANENT RETENTION AREAS MUST BE TOTALLY CLEANED OUT AND OPERATE PROPERLY AT FINAL INSPECTION AND AT THE END OF THE WARRANTY PERIOD. 4. SWALES, DITCHES AND CHANNELS: ALL SWALES, DITCHES AND CHANNELS LEADING FROM THE SITE SHALL BE SODDED WITHIN (3) DAYS OF EXCAVATION. ALL OTHER INTERIOR SWALES, ETC., INCLUDING DETENTION AREAS WILL BE SODDED PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY. 5. PROTECTION AND STABILIZATION OF SOIL STOCKPILES: FILL MATERIAL STOCKPILES SHALL BE PROTECTED AT ALL TIMES BY ON -SITE DRAINAGE CONTROLS WHICH PREVENT EROSION OF THE STOCKPILED MATERIAL. CONTROL OF DUST FROM SUCH - STOCKPILED MATERIAL, MAY BE REQUIRED, DEPENDING UPON THEIR LOCATION AND THE EXPECTED LENGTH OF TIME THE STOCKPILES WILL BE PRESENT. IN NO CASE SHALL' UNSTABILIZED STOCKPILE REMAIN AFTER THIRTY (30) CALENDAR DAYS. 6. MAINTENANCE: ALL EROSION AND SILTATION CONTROL DEVICES SHALL BE CHECKED REGULARLY, ESPECIALLY AFTER EACH RAINFALL AND WILL BE CLEANED OUT AND /OR REPAIRED AS REQUIRED. FILTER MEDIUM SPECIFICATIONS THE FILTER SAND SHALL BE WASHED MATERIAL MEETING F.D.O.T. ROAD AND BRIDGE SPECIFICATIONS FOR SILICA SAND AND QUARTZ GRAVELS, OR MIXTURES THEREOF (LESS THAN ONE (1) PERCENT SILT, CLAY AND ORGANIC MATTER), UNLESS FILTER CLOTH IS USED WHICH IS SUITABLE TO RETAIN THE SILT, CLAY AND ORGANIC MATTER WITHIN THE FILTER; CALCIUM CARBONATE AGGREGATE IS NOT AN ACCEPTABLE SUBSTITUTE; AND HAVE AN EFFECTIVE GRAIN SIZE OF 0.20 TO 0.55 MILLIMETERS IN DIAMETER; A UNIFORMITY COEFFICIENT OF 1.5 OR GREATER. RATE OF 0.125 CM /SEC. OR GREATER. IF THE PERMEABILITY RATE OF THE FILTER SAND IS LESS THAN 0.125 CM /SEC. A REPLACEMENT OF THE FILTER SYSTEM WILL 2 BE REQUIRED AT THE CONTRACTOR'S EXPENSE. THE CONTRACTOR SHALL HAVE THE < SAND TESTED AND APPROVED BY THE ENGINEER PRIOR TO INSTALLATION. IT IS RECOMMENDED THAT THE CONTRACTOR HAVE THE FILTER SAND TESTED AND APPROVED. uy 0 2 PERFORATED PIPE SHALL CSIST HAVE MINIMUM OOFNSIX EEON (6) VINYL /8 INCH ODIAMETER CPERFORAT TO IONS r PER LINEAR FOOT OF PIPE AND BE ON THE BOTTOM 135' OF THE PIPE. 0 N 3. THE CONTRACTOR SHALL PROVIDE DEWATERING MEASURES AS REQUIRED DURING C THE INSTALLATION OF THE UNDERDRAIN AND ALL OF ITS COMPONENTS. rte- 4. THE CONTRACTOR SHALL NOT BACKFILL THE DRAIN PIPE UNTIL THE ENGINEER HAS 6 VERIFIED AND APPROVED THE DRAIN PIPE GRADES AND INSTALLATION OF FILTER MEDIA. � 5. SWFWMD REQUIRES AS -BUILT CERTIFICATION BY THE ENGINEER FOR THIS FILTER SYSTEM. ry, w SHALL REPORTS NCLUD OD IANTAPPR LABORA SUBMITTAL .ON GRADUATION AND PERMEABILITY CLEARING AND GRUBBING NOTES 1. PRIOR TO ANY SITE CLEARING, ALL TREES SHOWN TO REMAIN ON THE CONSTRUCTION PLANS SHALL BE PROTECTED IN ACCORDANCE WITH THE LOCAL REGULATORY AGENCY'S TREE ORDINANCE AND DETAILS CONTAINED IN THESE PLANS. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO MAINTAIN THESE TREES IN GOOD CONDITION. NO TREES SHOWN TO REMAIN SHALL BE REMOVED WITHOUT WRITTEN APPROVAL FROM THE OWNER. 2. THE CONTRACTOR IS TO PREPARE THE SITE PRIOR TO BEGINNING ACTUAL CONSTRUCTION IN ACCORDANCE, WITH THE SOILS TESTING REPORT. COPIES OF THE SOILS REPORT ARE AVAILABLE THROUGH THE OWNER OR THE SOILS TESTING COMPANY. QUESTIONS REGARDING SITE PREPARATION REQUIREMENTS DESCRIBED IN THE SOILS REPORT ARE TO BE DIRECTED TO THE SOILS TESTING COMPANY. 3. THE CONTRACTOR SHALL CLEAR AND GRUB, ONLY THOSE PORTIONS OF THE SITE, NECESSARY FOR CONSTRUCTION. DISTURBED AREAS WILL BE SEEDED, MULCHED, OR PLANTED WITH OTHER APPROVED LANDSCAPE MATERIAL IMMEDIATELY FOLLOWING CONSTRUCTION. 4. THE TOP 4" TO 6" OF GROUND REMOVED DURING CLEARING AND GRUBBING SHALL BE STOCKPILED AT A SITE DESIGNATED BY THE OWNER TO BE USED FOR LANDSCAPING PURPOSES, UNLESS OTHERWISE DIRECTED BY THE OWNER. CLEARING ANDenugI T IC 'TI 5. ALL CONSTRUCTION DEBRIS AND OTHER WASTE MATERIAL SHALL BE DISPOSED OF OFF -SITE IN ACCORDANCE WITH APPLICABLE REGULATIONS. ONLY "GRADING BY HAND" IS PERMITTED WITHIN THE CANOPY LINE OF TREES THAT ARE TO REMAIN. 6. THE CONTRACTOR IS TO OBTAIN ALL NECESSARY PERMITS FOR REMOVING ANY EXISTING STRUCTURES. 7. IT IS THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY ALL UTILITY COMPANIES TO DISCONNECT OR REMOVE THEIR FACILITIES PRIOR TO REMOVING OR DEMOLISHING. 8. THE CONTRACTOR WILL BE RESPONSIBLE FOR MAKING A VISUAL INSPECTION OF THE SITE AND WILL BE RESPONSIBLE FOR THE DEMOLITION AND REMOVAL OF ALL UNDERGROUND AND ABOVE GROUND STRUCTURES THAT WILL NOT BE INCORPORATED WITH THE NEW FACILITIES. SHOULD ANY DISCREPANCIES EXIST WITH THE PLANS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING THE OWNER AND REQUESTING A CLARIFICATION OF THE PLANS PRIOR TO DEMOLITION. 9. DURING CONSTRUCTION, ALL STORM SEWER INLETS IN THE VICINITY OF THE PROJECT SHALL BE PROTECTED BY SEDIMENT TRAPS SUCH AS SECURED HAY BALES, SOD, STONE, ETC. WHICH SHALL BE MAINTAINED AND MODIFIED AS REQUIRED BY CONSTRUCTION PROGRESS. _ PLE ENTED PRIOR TO C M 10. ALL EROSION CONTROL METHODS SHALL BE IM AND SILTATION H ION AND MAINTAINED UN T IL CONSTRUCTION IS COMPLETE. THE START QF CONSTRUCT 11. WHEN CONSTRUCTION IS COMPLETED, THE RETENTION /DETENTION AREAS WILL BE RESHAPED, CLEANED OF SILT, MUD AND DEBRIS, AND RE- SODDED IN ACCORDANCE TO THE PLANS. 12. CONTRACTOR IS TO PROVIDE EROSION CONTROL /SEDIMENTATION BARRIER (HAY BALES OR SILTATION CURTAIN) TO PREVENT SILTATION OF ADJACENT PROPERTY, STREETS, STORM SEWERS, WATERWAYS, AND EXISTING WETLANDS. WATER Y TEM NOTES 1. PER ARTICLE 41.03(B)(1) CITY OF CLEARWATER CONTRACT SPECIFICATIONS AND STANDARDS, THE DEPTH OF COVER OVER THE WATERMAIN SHALL BE A MINIMUM OF 30" AND A MAXIMUM OF 42" BELOW FINISHED GRADE. 2. ALL WATER SYSTEM WORK SHALL CONFORM WITH LOCAL REGULATORY STANDARDS AND SPECIFICATIONS. 3. ALL DUCTILE IRON PIPE SHALL BE CLASS 50 WITH A RATING WATER WORKING PRESSURE OF 350 PSI IN ACCORDANCE WITH ANSI A 21.50 (AWWA C 150) AND ANSI A 21.31 (AWWA C 151) AND PIPE SHALL RECEIVE EXTERIOR BITUMINOUS COATING IN ACCORDANCE WITH ANSI A 21.6, 1 21.8 OR A 21.51 AND SHALL BE MORTAR LINED, STANDARD THICKNESS, AND BITUMINOUS ACCORDANCE WITH ANSI A AWWA C 104 -71 . SEALED IN A ( ) 4. ALL FITTINGS LARGER THAN 2" SHALL BE DUCTILE IRON CLASS 53 IN ACCORDANCE WITH AWWA C -110 WITH A PRESSURE RATING OF 350 PSI. JOINTS SHALL BE MECHANICAL JOINTS IN ACCORDANCE WITH AWWA C -111. FITTINGS SHALL BE CEMENT MORTAR LINED AND COATED IN ACCORDANCE WITH AWWA C-104. 5. ALL PVC WATER MAINS 4" THROUGH 12" SHALL BE IN ACCORDANCE WITH AWWA C -900. PIPE SHALL BE CLASS 150 AND MEET THE REQUIREMENTS OF SDR 18 IN RDANC WITH ASTM D -2241. ACCO E 6. WATER MAIN PIPING OF LESS THAN 4" SHALL BE PER ASTM D2241 -89. 7. ALL FITTINGS 2" AND SMALLER SHALL BE SCHEDULE 40 PVC WITH SOLVENT WELDED SLEEVE TYPE JOINTS. S. ALL GATE VALVES 2" OR LARGER SHALL BE RESILIENT SEAT OR RESILIENT WEDGE MEETING THE REQUIREMENTS OF AWWA C509. 9. ALL FIRE HYDRANTS SHALL MEET THE CITY OF CLEARWATER STANDARDS AND SPECIFICATIONS. 10. THE CONTRACTOR IS TO INSTALL TEMPORARY BLOW -OFFS AT THE END OF WATER SERVICE LATERALS TO ASSURE ADEQUATE FLUSHING AND DISINFECTION. 11. PER ARTICLE 20, CITY OF CLEARWATER CONTRACT SPECIFICATIONS AND STANDARDS, D.I.P. WATER MAINS TO BE INTERIOR POLYLINED IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS. 12. MATERIALS AND CONSTRUCTION METHODS FOR WATER DISTRIBUTION SYSTEM SHALL BE IN ACCORDANCE WITH THE LOCAL REGULATORY AGENCY CODES. 13. THE IRRIG TI 'r t .':STEM SHALL HAVE COLOR PIPING AND LABELING ON THE PIPE TO 'SUQIE DIFFERENTIATION FROM POTABLE WATER PIPING. WATER TE TESTING INSPECTION E IREM T 1. ALL COMPONENTS OF THE WATER SYSTEM, INCLUDING FITTINGS, HYDRANTS, CONNECTION, AND VALVES SHALL REMAIN UNCOVERED UNTIL PROPERLY PRESSURE TESTED AND ACCEPTED BY THE OWNER'S ENGINEER. PRESSURE TESTS TO BE IN ACCORDAIvCr =srH WATER DEPARTMENT SPECIFICATIONS. CONTRACTOR TO NOTIFY OWNER'S L +s':;Eh AND WATER DEPARTMENT INSPECTORS 48 HOURS IN ADVANCE OF PERFQRIYUNG - A 2. NEW WATER MAINS AFTER COMPLETON OF INSTALLATION OF NEW WATER MAINS, PRESSURE TESTING SHALL BE PERFORMED IN ACCORDANCE WITH THE LOCAL JURISDICTION WATER SYSTEM STANDARDS AND SPECIFICATIONS. CONTRACTOR TO PERFORM CHLORINATION. SAMPLING OF NEW WATER MAINS SHALL CONFORM WITH COUNTY PUBLIC HEALTH UNIT REQUIREMENTS AND RESULTS FORWARDED TO THE ENGINEER. UNDER NO CIRCUMSTANCES SHALL A NEW WATER SYSTEM BE PLACED INTO SERVICE UNTIL CERTIFICATION BY THE ENGINEER HAS BEEN COMPLETED AND A RELEASE FROM COUNTY PUBLIC HEALTH UNIT HAS BEEN ISSUED. SANITAnYSEWEnNOTES 1. ALL SANITARY SEWER MAINS & LATERAL SHALL HAVE A MINIMUM OF 36 INCHES OF COVER. 2. ALL SANITARY SEWER MAINS & SERVICE LATERALS SHALL BE CONSTRUCTED OF POLYVINYL CHLORIDE PIPE, SDR 35 OR AS OTHERWISE INDICATED ON THE CONSTRUCTION DRAWINGS. 3. ALL SANITARY SEWER WORK SHAM CONFORM WITH LOCAL REGULATORY STANDARDS AND SPECIFICATIONS. 4. PRIOR TO COMMENCING WORK WHICH REQUIRES CONNECTING NEW WORK TO EXISTING LINES OR APPURTENANCES, THE CONTRACTOR SHALL VERIFY LOCATION AND ELEVATION OF EXISTING CONNECTION POINT AND NOTIFY OWNER'S ENGINEER OF ANY CONFLICTS OR DISCREPANCIES. 5. PVC PIPE AND FITTINGS SHALL CONFORM TO ASTM SPECIFICATIONS DESIGNATION D- 3034 -77C, MA SDR 35. INSTALLATION OF SDR 35 PIPE SHALL BE IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF ASTM SPECIFICATION SECTION D2321. ALL SANITARY SEWER PIPELINES SHALL BE SOLID GREEN IN COLOR. 6. ALL PVC FORCE MAINS SHALL BE CLASS 2000, SDR 21, COLOR GREEN, WITH A GREEN MAGNETIC TAPE A MINIMUM OF 2" WIDE, PLACED 1 FOOT BELOW THE PROPOSED GRADE. THE PRINTING ON THE MAGNETIC TAPE SHOULD READ "FORCEMAIN ". 7. ALL DUCTILE IRON PIPE SHALL BE CLASS 52 IN ACCORDANCE WITH ANSI A 21.50 (AWWA C 150) AND ANSI A21.51 (AWWA C 151). DUCTILE IRON PIPE SHALL RECEIVE INTERIOR AND EXTERIOR BITUMINOUS COATING IN ACCORDANCE WITH ANSI A21.6,_A21.8, ORA21.51. 8. ALL SANITARY SEWER GRAVITY MAINS OR SANITARY SEWER FORCEMAINS THAT REQUIRE D.I.P. ARE TO BE POLYLINED OR EPDXY LINED. 9. ALL SANITARY SEWER COVERS SHALL BE TRAFFIC RATED FOR H -20 LOADING. SANITARY SEVIER TESTING INSPECTION Ili M T 1. ALL GRAVITY SEWER PIPING SHALL BE SUBJECT TO A TELEVISION INSPECTION BY THE OWNER'S CONTRACTOR. CONTRACTOR TO NOTIFY THE ENGINEER 48 HOURS IN ADVANCE TO SCHEDULE INSPECTION. 2. THE CONTRACTOR SHALL PERFORM AN EXFILTRATION TEST ON ALL GRAVITY SEWERS INSTALLED IN ACCORDANCE WITH THE REGULATION AGENCY HAVING JURISDICTION. MAXIMUM ALLOWABLE LEAKAGE RATE: 100 GPD PER INCH PIPE DIAMETER PER MILE. TEST RESULTS ARE TO BE SUBMITTED TO THE REGULATORY AGENCY FOR APPROVAL. COORDINATION AND NOTIFICATION OF ALL PARTIES IS THE CONTRACTOR'S RESPONSIBILITY. 3. ALL FORCE MAINS SHALL BE SUBJECT TO A HYDROSTATIC PRESSURE TEST IN ACCORDANCE WITH THE REGULATORY AGENCY HAVING JURISDICTION. SAID TESTS ARE TQ BE CREATED BY THE ENGINEER OF RECORD AND SUBMITTED TO THE REGULATORY AGENCY FOR APPROVAL. COORDINATION AND NOTIFICATION OF ALL PARTIES IS THE CONTRACTOR'S RESPONSIBILITY. VIATER/SEWER CLEARANCE UI M T VERTICAL CLEARANCE AT CROSSINGS GRAVITY SEWERS OR FORCE MAINS CROSSING UNDER WATER MAINS SHALL BE LAID TO PROVIDE A MINIMUM VERTICAL DISTANCE OF 18 INCHES BETWEEN THE INVERT OF THE UPPER PIPE AND THE CROWN OF THE LOWER PIPE. THE CROSSING SHALL BE ARRANGED SO THAT THE SEWER JOINTS AND WATER JOINTS WILL BE EQUAL DISTANT FROM THE POINT OF CROSSING WITH NO LESS THAN 10 FEET BETWEEN ANY TWO JOINTS. WHERE THE MINIMUM 18 INCH SEPARATION CANNOT BE MAINTAINED, ONE OF THE FOLLOWING METHODS OF PROTECTION SHALL BE UTILIZED: A. THE SEWER SHALL BE ENCASED Ill CONCRETE FOR 20 FEET CENTERED ON THE CROSSING (10 FT. LINEAR SEPARAI -1014 BETWEEN JOINTS); B. THE SEWER SHALL BE INSTALLED WITH D.I.P. FOR 20 FEET CENTERED ON THE CROSSING (10 FT. LINEAR SEPARATION BETWEEN JOINTS); C. THE SEWER SHALL BE DESIGNED AND CONSTRUCTED EQUAL TO WATER PIPE, AND BE PRESSURE TESTED AT 150 PSI TO ASSURE WATER TIGHTNESS PRIOR TO BACKFIWNG; OR D. EITHER THE WATER MAIN OR THE SEWER LINE MAY BE ENCASED IN A WATERTIGHT CARRIER PIPE WHICH EXTENDS 10 FEET ON BOTH SIDES OF THE CROSSING, MEASURED PERPENDICULAR TO THE WATER MAIN. THE CARRIER PIPE SHALL BE OF MATERIALS APPROVED BY THE DEPARTMENT FOR USE IN WATER MAIN CONSTRUCTION. ONE OF THESE METHODS SHALL ALSO BE UTILIZED WHEN THERE IS NO ALTERNATIVE TO SEWERS CROSSING OVER WATER MAINS. IN SUCH INSTANCES, ADEQUATE STRUCTURAL SUPPORT SHALL BE PROVIDED FOR THE SEWER TO MAIITAIN LINE AND GRADE. HORIZONTAL SEPARATION BETWEEN PARALLEL LINES GRAVITY SEWERS OR FORCE MAINS SHALL BE NSTALLED AT 1 LEAST 10 FEET HORIZONTALLY FROM ANY EXISTING OR PROPOSED WATER MAIN. THE DISTANCE SHALL BE MEASURED EDGE TO EDGE. IN CASES WHERE IT IS NOT PRACTICAL TO MAINTAIN A 10 FT. SEPARATION, THE WATER MAIN SHALL BE INSTALLED IN A SEPARATE TRENCH OR ON AN UNDISTURBED EARTH SHELF LOCATED ON ONE SIDE OF THE SEWER AND AT AN ELEVATION SO THAT THE BOTTOM OF THE WATER MAIN IS AT LEAST 18 INCHES ABOVE THE TOP OF THE SEWER, AND THE WATER AND SEWER JOINTS SHALL BE STAGGERED. IF IT IS IMPOSSIBLE TO OBTAIN PROPER HORIZONTAL AND VERTICAL SEPARATION AS DESCRIBED, BOTH THE WATER MAIN AND SEWER MUST BE CONSTRUCTED OF SLIP -ON OR MECHANICAL JOINT PIPE COMPLYING WITH PUBLIC WATER SUPPLY DESIGN STANDARDS OF THE DEPARTMENT AND BE PRESSURE TESTED TO 150 PSI TO ASSURE WATERTIGHTNESS BEFORE BACKFI W NG. SANITARY SEWER RECLAIMED WATER & POTABLE WATER /RECLAIMED / f LATHED WATER SEPARATIONS WHEN THE RECLAIMED WATER LINE IS TRANSPORTING WATER FOR PUBLIC ACCESS IRRIGATION: MAXIMUM OBTAINABLE SEPARATION OF RECLAIMED WATER LINES AND DOMESTIC WATER LINES SHALL BE PRACTICED. A MINIMUM HORIZONTAL SEPARATION OF 5 FEET (CENTER TO CENTER) OR 3 FEET (OUTSIDE TO OUTSIDE) SHALL BE MAINTAINED BETWEEN RECLAIMED WATER LINES AND EITHER POTABLE WATER MAINS OR SANITARY SEWER LINES. AN 18 -INCH VERTICAL SEPARATION SHALL BE MAINTAINED AT CROSSINGS. WHEN RECLAIMED_ WATER LINE IS TRANSPORTING WATER FOR NON - PUBLIC ACCESS IRRIGATION: THE RECLAIMED WATER MAIN SHALL BE TREATED LIKE A SANITARY SEWER, AND A 10 FT. HORIZONTAL AND 18 INCH VERTICAL SEPARATION SHALL BE MAINTAINED BETWEEN THE RECLAIMED WATER MAIN AND ALL EXISTING OR PROPOSED POTABLE WATER MAINS. NO MINIMUM SEPARATION IS REQUIRED BETWEEN THE RECLAIMED WATER MAIN AND SANITARY SEWERS, OTHER THAN THAT NECESSARY TO ENSURE STRUCTURAL INTEGRITY AND PROTECTION OF THE LINES THEMSELVES. NOTE: WHEN IT IS IMPOSSIBLE TO OBTAIN PROPER HORIZONTAL AND VERTICAL SEPARATIONS AS STIPULATED ABOVE, DEP MAY ALLOW DEVIATION ON A CASE -BY -CASE BASIS IF SUPPORTED BY DATA FROM THE DESIGN ENGINEER. APPROVAL FOR THE DEVIATION MUST BE OBTAINED PRIOR TO CONSTRUCTION. GRADING I NOTES 1. ALL DELETERIOUS SUBSTANCE MATERIAL, (I.E. MUCK, PEAT, BURIED DEBRIS), IS TO BE EXCAVATED IN ACCORDANCE WITH THESE PLANS, OR AS DIRECTED BY THE OWNER'S ENGINEER OR OWNER'S SOIL TESTING COMPANY. DELETERIOUS MATERIAL IS TO BE STOCKPILED OR REMOVED FROM THE SITE AS DIRECTED BY THE OWNER. EXCAVATED AREAS ARE TO BE BACKFILLED WITH APPROVED MATERIALS AND COMPACTED AS SHOWN ON THESE PLANS. 2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING EXCAVATING AGAINST COLLAPSE AND WILL PROVIDE BRACING, SHEETING, OR : HORING, AS NECESSARY. TRENCHES SHALL BE KEPT DRY WHILE PIPE AND APPUE IENANCES ARE BEING PLACED. DEWATERING SHALL BE USED AS REQUIRED. 3. ALL STORM SEWER PIPE SHALL BE REINFORCED CONCRETE CLASS III (ASTM C -76) UNLESS OTHERWISE NOTED ON PLANS. 4. PVC STORM PIPE, 12" AND SMALLER SHALL CONFORM TO AWWA C -900, CLASS 150 STANDARDS, UNLESS OTHERWISE NOTED. 5. ALL DRAINAGE STRUCTURE GRATES AND COVERS WITHIN TRAFFIC AREAS SHALL BE TRAFFIC RATED FOR H -20 LOADINGS. 6. THE CONTRACTOR IS TO SOD THE RETENTION /DETENTION POND AS INDICATED ON PLANS WITHIN ONE WEEK FOLLOWING CONSTRUCTION OF THE POND. 7. MATERIALS AND CONSTRUCTION METHODS FOR STREETS AND STORM DRAINAGE CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE LO( A.'_ REGULATORY AGENCY. 8. ALL STORM STRUCTURES SHALL BE GROUTED TO THE IN-ERT ELEVATION(S) OF THE STORM PIPES(S). STORM PIPE SHALL BE SAW -CUT EVEN WITH THE STRUCTURE WALL(S). GROUT AROUND PIPES FOR WATER TIGHT AND SMOOTH ! AISH. PAVING, GRADING & DRAINAGE TESTING RISPECTION REQUIREMENTS 1. THE STORM DRAINAGE PIPING AND FILTRATION SYSTEM SHALL BE SUBJECT TO A VISUAL INSPECTION BY THE OWNER'S SOILS ENGINEER PRIOR TO THE PLACEMENT OF BACKFILL. 2. THE CONTRACTOR SHALL MAINTAIN THE STORM DRAINAGE SYSTEMS UNTIL FINAL ACCEPTANCE OF THE PROJECT. 3. THE CONTRACTOR IS RESPONSIBLE FOR COORDINATING THE APPLICABLE TESTING WITH THE SOILS ENGINEER. TESTS WILL BE REQUIRED PURSUANT WITH THE TESTING SCHEDULE FOUND IN THE ENGINEERING CONSTRUCTION DRAWINGS. UPON COMPLETION OF THE WORK, THE SOILS ENGINEER MUST SUBMIT CERTIFICATIONS TO THE OWNER'S ENGINEER STATING THAT ALL REQUIREMENTS HAVE BEEN MET. PAVING NOTES 1. PRIOR TO CONSTRUCTING CONCRETE PAVEMENT, THE CONTRACTOR IS TO SUBMIT A PROPOSED JOINTING PATTERN TO THE OWNER'S ENGINEER FOR APPROVAL. 2. THE CONTRACTOR IS TO PROVIDE A 1/2" BITUMINOUS EXPANSION JOINT MATERIAL WITH SEALER, AT ABUTMENT OF CONCRETE AND ANY STRUCTURE. 3. ALL PAVEMENT MARKINGS SHALL BE MADE WITH TRAFFIC PAINT IN ACCORDANCE TO FDOT STANDARD SPECIFICATIONS 971-12. PARKING STALL STRIPING TO BE 4" WIDE PAINTED WHITE STRIPES. 4. THE CONTRACTOR IS TO INSTALL EXTRA BASE MATERIAL WHEN THE DISTANCE BETWEEN THE PAVEMENT ELEVATION AND THE TOP OF THE PIPE OR BELL IS LESS THAN TWELVE (12) INCHES. 5. STANDARD INDEXES REFER TO THE LATEST EDITION OF FDOT "ROADWAY AND TRAFFIC DESIGN STANDARDS." - 6. PAVEMENT IN THE PROPERTY & R.O.W. SHALL CONSIST 6" THICK CONC. ON COMPACTED GROUND TO 98% OF MAXIMUM DENSITY. CONTRACTOR'S RESPONSIBILITY NOTE NOTE TO CONTRACTOR I THE CONTRACTOR SHALL PROVIDE CERTIFIED RECORD DRAW— IT IS THE CONTRACTOR'S RESPONSIBILITY TO PERFORM A SURVEY (ACCOMPANIED BY INGS, SIGNED AND SEALED BY A PROFESSIONAL LAND SURVEYOR. THE ARCHITECT AND OWNER) OF THE ENTIRE PROJECT AREA INCLUDING BUILDING A THE RECORD DRAWINGS SHALL LL SHOW FINAL GRADES FOR AND SITE IMMEDIATELY UPON OCCUPYING THE WORK AREA AND BY PHOTOGRAPHIC RETENTION BASIN(S), CONTROL STRUCTURE(S), INLETS AND WRITTEN CORRESPONDENCE DETAILING ANY AREAS THAT ARE NOT IN A FIRST & PIPES WITH TOP & BOTTOM ELEVATIONS, INVERTS tsc CLASS CONDITION (SURFACES THAT ARE UNBROKEN, NON - CRACKED, NON- RUSTING, DIMENSIONING OF SLOT & BAFFLE. LOCATIONS OF ALL U'I "ILI11LS WITHOUT CHIPS, WITHOUT SPLINTERS, OF TEXTURE MATCHING ITS SURROUNDING, INCLUDING THE SANITARY SEWER AND WATER PIPING. TIDE WITH NEW APPEARING FINISHES, AND OPERATING AS ORIGINALLY DESIGNED OR CONTRACTOR SHALL PROVIDE TWO COPIES OF THE CERTIFIED INTENDED TO OPERATE) WHICH WILL REMAIN IN THEIR PRESENT CONDITION AT THE RECORD DRAWINGS TO THE ENGINEER. CONCLUSION OF THE PROJECT. THE CONTRACTOR WILL B I E RESPONSIBLE FOR PROVIDING THE AFOREMENTIONED ' ° f = - RECORD DRAWING SHALL B � I C.1- l A L L FI CI I THE OWNER A COMPLETE PROJECT IN FIRST CLASS CONDITION MEETING INDUSTRY WIDE ENOUGH IN DETAIL TO BE ACCEPTABLE BY AGENCIES € IAVIHG, STANDARDS IN QUALITY AND PERFORMANCE THROUGHOUT THE ENTIRE PROJECT AREA JURISDICTION. BUILDING(S) AND SITE (REGARDLESS OF WHETHER AN AREA IS SPECIFICALLY IDENTIFIED WITHIN THE DRAWINGS AND SPECIFICATIONS OR NOT) UNLESS A PARTICULAR AREA HAS GENERAL COPISTnUCTION MOTES BEEN DESCRIBED IN THE AFOREMENTIONED PHOTOGRAPHS AND WRITTEN DETAIL. CONTRACTOR HAS THE RESPONSIBILITY TO PROTECT THE EXISTING BUILDING (S), ( ), 1 ALL THE WORK PERFORMED SHALL COMPLY 4dlTtl 111E REGUEo \TIOidS AND ORDINANCES �� d" UTILITIES AND SITE THROUGHOUT THE PROJECT TIME FRAME. SHOULD, DURING THE THE VARIOUS GOVERNMENTAL AGENCIES HAVING JURISDICTION OVER -THE NORK. COURSE OF THE WORK, ANY AREA OF THE BUILDING(S) AND /OR UTILITIES AND /OR 2. ALL ELEVATIONS ARE REFERENCED FROM NATIONAL A =`7-ODCTIC VERTICAL DATUM. THE BUILDING(S) AND /OR UTILITIES AND /OR THE SITE BECOME DAMAGED AND THAT AREA WAS NOT SPECIFICALLY CALLED OUT TO BE A PART OF THE CONSTRUCTION, THE 3. LOCATIONS, ELEVATIONS, AND DIMENSIONS OF EXISTING UTILITIES, STRUCTURES, CONTRACTOR SHALL REPAIR AND /OR REPLACE THE DAMAGED AREA TO THE SATISFACTION AND OTHER FEATURES ARE SHOWN ACCORDING TO THE BEST INFORMATION AVAILABLI. I r I - . AT THE TIME OF PREPARATION OF THESE PLANS. HE CONTRACTOR WILL VERIFY OF THE. ARCHITECT AND OWNER AT NO ADDITIONAL COST TO THE OWNER. THE LOCATIONS, ELEVATIONS, AND DIMENSIONS OF ALL EXISTING UTILITIES, ii.., STRUCTURES AND OTHER FEATURES AFFECTING 1-1 -11S WORK PRIOR TO CONSTRUCTION, AS A PART OF THESE DOCUMENTS, A SITE SURVEY AND /OR SITE DATA, WHEN "i 4. THE CONTRACTOR SHALL CHECK THE PLANS FOR C0II171 -k;TS AND DISCREPANCIES PROVIDED, AND ANY ADDITIONAL INFORMATION THAT MAY BE PROVIDED IS FOR PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL NOTIFY THE OWNER'S ENGINEER INFORMATIONAL PURPOSES ONLY, THE OWNER AND HIS AGENT ASSUME NO RESPONSIBILITY OF ANY CONFLICTS OR DISCREPANCIES BEFORE PERFORMING ANY WORK IN IHE FOR THEIR PREPARATION, COMPLETENESS NOR ACCURATENESS AND THE CONTRACTOR AFFECTED AREA. IS FULLY RESPONSIBLE WHEN USING SAID SOURCES. THE CONTRACTOR SHOULD 5. THE CONTRACTOR SHALL EXERCISE EXTREME CAUTION III AREAS OF BURIED USE SUCH INFORMATION ONLY AS A GUIDE TO THE SUSPECTED LOCATION OF UTILITIES, AND SHALL PROVIDE AT LEAST 48 HOUR S NOTICE 1 -0 THE VARIOUS UNDERGROUND SERVICES, INCLUDING BUT NOT LIMITED TO: UTILITY COMPANIES, IN ORDER TO PERMIT MARKING THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES, IN ADVANCE OF CONSTRUCTION, BY CALLING "SUNSHINE" I AT 1- 800 - 432 -4770. MINIMUM OF 2 DAYS AND MAXIMUM OF 5 DAYS PRIOR TO -I i;€ __ � _ START OF CONSTRUCTION THE CONTRACTOR IS RESPONSIBLE FOR CONTACTING ALL WATER SUPPLY SANITARY SEWER UTILITIES NOT INCLUDED IN THE "SUNSHINE" PROGRAM. STORM SEWER NATURAL AND LP GAS LINES 6. CONTRACTOR IS SOLELY RESPONSIBLE FOR CONSTRUC110N SAFEI'r'. ELECTRICAL POWER RECLAIMED WATER SUPPLY SPECIAL PRECAUTIONS MAY BE REQUIRED Ill THE VICINITY OF IRRIGATION LINES T.V. CABLES POWER LINES AND OTHER UTILITIES. FIBER OPTIC CABLES TELEPHONE CABLES 7. ALL UNDERGROUND UTILITIES MUST BE 111 PLACE :, \,i,ID iE -STED Atli) INSPECTED PRIOU �0 BASE AND SURFACE CONSTRUCTION. FIRE ALARM SYSTEM CABLES SECURITY WIRING CONTROL WIRING SITE UNDERGROUND MECHANICAL 8, IT IS THE CONTRACTOR'S RESPONSIBILITY TO BECOME FAMILIAR Wilt] -I1-IE PERIAIT' SYSTEMS INCLUDING INSULATION AND INSPECTION REQUIREMENTS OF THE VARIOUS GOVERNMENTAL AGENCIES. THE CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION, AND IT WILL BE THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE THE SPECIFIC LOCATION SCHEDULE INSPECTIONS ACCORDING TO AGENCY INSTRUCTION. OF THE UNDERGROUND SERVICES BY CAREFUL HAND EXCAVATION ONLY UNLESS 9. THE CONTRACTOR SHALL SUBMIT FOR APPROVAL -10 111x OWNER'S ENGINEER; SHOT' OTHER MEANS ARE APPROVED BY ARCHITECT AND OWNER BEFORE BEGINNING THE DRAWINGS ON ALL PRECAST AND MANUFACTURED ITEM'S FOR THIS SITE. WORK. THE CONTRACTOR SHALL REPLACE OR REPAIR, PER SPECIFICATIONS, ANY FAILURE TO OBTAIN APPROVAL BEFORE INSTALLATION V11 AY RESULT IN REMOVAL AND REPLACEMENT AT THE CONTRACTOR'S EXPENSE. ALL S.; OP DRAWINGS ARE TO BE AND ALL DAMAGED UNDERGROUND SERVICES AS LISTED ABOVE AT NO ADDITIONAL REVIEWED AND APPROVED BY THE CONTRACTOR PRIOR 1'7 SUBMITTAL TO THE COST TO THE OWNER. OWNER'S ENGINEER. 10. AT LEAST THREE (3) WORKING DAYS PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL NOTIFY THE ENGINEER AND APPROPRIATE AGENCIES, AND SUPPLY TI -IEm WI -lll ALL REQUIRED SHOP DRAWINGS, THE CONTRACTOR'S NAME, STARTING DATE, PROJECTED SCHEDULE, AND OTHER INFORMATION AS REQUIRED. ANY WORT: PERFORMED PRIOR TO NOTIFYING THE ENGINEER, OR Wa THOUT AGENCY INSPECTOR PRESENT, MAY BE SUBJECT TO REMOVAL AND REPLACF!:',ENT AT THE CONTRACTOR'S EXPENSE. 11. BACKFILL MATERIAL SHALL BE SOLIDLY TAMPED AROUN!:' PIPES IN 6" LAYERS UP TO A LEVEL OF AT LEAST ONE FOOT ABOVE THE TOP t:r" THE PIPE. IN AREAS 1 -0 BE PAVED, BACKFILL SHALL BE COMPACTED TO 100% tXIMUM DENSITY AS 1. TRENCH EXCAVATION DETERMINED BY AASHTO T -99. - INCLUDE OSHA STANDARD 29 CFR, SECTION 1926.650 SUBPART P, WHICH IS NOW A PART OF LAWS OF FLORIDA CHAPTER 90 -96. 12. SITE WORK CONCRETE SHALL HAVE A COMPRESSIVE SI i :NGTI-I OF Al' LEAST 3,000 P,S.I. IN 28 DAYS, UNLESS OTHERWISE NOTED. - THE CONTRACTOR SHALL PROVIDE WRITTEN ASSURANCE OF COMPLIANCE WITH THIS TAW. 13. ALL PRIVATE AND PUBLIC PROPERTY AFFECTED BY THE WORK SHALL BE RESTORED - A SEPARATE COST ITEM IDENTIFYING THE COST OF COMPLIANCE. TO A CONDITION EQUAL TO OR BETTER THAN EXISTING CONDITIONS UNLESS - A TRENCH SAFETY SYSTEM SHALL BE DESIGNED BY THE CONTRACTOR, AND SPECIFICALLY EXEMPTED BY THE PLANS. ADDITIONAL COSTS ARE INCIDENTAL TO APPROVED BY THE ENGINEER. OTHER CONSTRUCTION AND NO EXTRA COMPENSATION IS TO BE ALLOWED. 2. ALL RETENTION AREAS, STORM SEWER PIPING, STORM SEWER STRUCTURES, ETC. MUST BE IN PLACE AS PART OF THE FIRST PHASE OF CONSTRUCTION. 14. ALL DISTURBED AREAS WHICH ARE NOT TO BE SODDED, ARE TO BE SEEDED AND IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO ACCOMMODATE POSITIVE MULCHED TO DOT STANDARDS, AND MAINTAINED UNTIL A SATISFACTORY STAND OF DRAINAGE THROUGHOUT CONSTRUCTION TO AVOID FLOODING OF THE ADJACENT C "ASS, ACCEPTABLE TO THE REGULATORY AGENCY ",ND ENGINEER OF RECORD, I-IA`JT_ PROPERTIES. ANY FLOODING THAT MAY OCCUR DUE TO HIS WORK WILL BE BEEN OBTAINED. ANY WASHOUTS, REGRADING, RESlaEDING, AND GRASSING WORD, THE SOLE RESPONSIBILITY OF THE CONTRACTOR AND OTHER EROSION WORK REQUIRED, WILL BE PII.1?FORMED BY THE CONTRACTOR, A7 HIS EXPENSE, UNTIL THE SYSTEM IS ACCEPTED FOR MAINTENANCE, BY THE 3. THE USE OF ELECTRONICALLY STORED DATA IS INTENDED FOR INFORMATIONAL REGULATORY AGENCY AND ENGINEER OF RECORD. PURPOSES ONLY AND NQT TO BE USED FOR CONSTRUCTION. CONTRACTOR MUST UTILIZE SIGNED AND SEALED DOCUMENTS FOR CONSTRUCTION. 15, THE SOILS ENGINEER IS TO SUPPLY THE ENGINEP WITH A PHOTOCOPY OF ALL COMPACTION TESTS, AND ASPHALT RESULTS. THE SOILS ENGINEER IS TO CERTIF,' F) THE ENGINEER OF RECORD, IN WRITING, THAT , ^:I_L TESTING REQUIREMENTS, REQUIRED BY THE LOCAL REGULATORY AGENCY, AP :L THE FLORIDA DEPARTMENT' C:si TRANSPORTATION (FDOT), FOR THE IMPROVEMENTS, AS f EQUIRED BY THE ENGINEERING CONSTRUCTION DRAWINGS, HAVE BEER SAIISFIED. 16. THE CONTRACTOR SHALL MAINTAIN A COPY OF ITIF. .APF`7�OVED PI_At,IS AND PERMlrlt AT THE CONSTRUCTION SITE. 17. THESE DRAWINGS MAY NOT INCLUDE NECESSARY C C? °APOHENTS FOR CONSTRUCTION SAFETY. THE CONTRACTOR IS SOLELY RESPONSIBL , FOR MEANS AND METHODS FC.1i= CONSTRUCTION SITE SAFETY. 18. ALL SODDING, SEEDING AND MULCHING SHALL INCLUDE `YATL-RING AND FERTILIZATION. THE CONTRACTOR SHALL BE RESPOINSI �.E FOR MAINTAINING IIIESI.- AREAS UNTIL THE PROJECT IS COMPLETED AND ACCEPT 0 BY THE O'NNER. 19. ALL PIPE LENGTHS ARE PLUS OR MINUS. PIPE ME.SUIm?:MENTS ARE CENTER TO CENTER OF STRUCTURES OR FITTINGS. PIPE MEASU'RENIF11TS FOR TATTERED END SECTIONS ARE TO THE END OF PIPE. 20. EXISTING PAVEMENT SHALL' BE SAW -CUT WHERE 1,11,,'N P,"VEMEtlT IS TO RE ADDED OR EXISTING PAVEMENT TO BE ELIMINATED. 21. ADJUSTMENTS OF INLETS, JUNCTION BOXES, MANHOLE -LOPS, WATER VALVES, � AiE-I METERS, ETC., SHALL BE INCLUDED IN THE CONTR/',` TOR'S B1D AND NO CLAIM SHALL BE MADE AGAINST THE OWNER OR ENGINEEI; FOR THESE ADJUSTMENTS, IF REQUIRED. 22. ALL BACKFILL OVER ANY PIPE (STORM SEWER, SARI AR „' SEWER, OR WATERLINES) THAT IS INSTALLED UNDER ROADWAYS OR WITHIN THE E.',1BANKMENT OF THE ROADWA'f. .. SHALL BE COMPACTED IN ACCORDANCE WITH F.D.O.s. STANDARD SPECIFICATIONS, SECTION 125 -8.3, LATEST EDITION. 23. THE CONTRACTOR PERFORMING TRENCH EXCAVATION, IN EXCESS OF 5' FEET IN DEPTI-L SHALL COMPLY WITH THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION'S (OSHA) TRENCH EXCAVATION SAFETY STANDARDS, 29 C.F.R., S.1926.650, SUBPART 1-', INCLUDING ALL SUBSEQUENT REVISIONS OR UPDATES TO THE STANDARDS AS ADOPTED BY THE DEPARTMENT OF LABOR AND EMPLOYT,tENT SECURITY (DLES). 24. CONTRACTOR TO COORDINATE THE POINTS OF CONNECTIONS OF THE UTILITIES WITH DIFFERENT SUBS. SITE CONTRACTOR TO CONSTRUCT THE UNDERGROUND INFRASTRUCTURE` i.e. SANITARY SEWER, STORM SEWER,, WATER LINES, FIRE LINES, ETC., TO 5' OUTSIDE OF THE BLDG(S). THE PLUMBING CONTRACTOR TO CONNECT AND MEET THE INVERT ELEVATIONS OF THE SAID UTILITIES. ANY UTILITY WORK PERFORMED WITHIN 5' OF THE BLDG. SHALL BE THE RESPONSIBILITY OF THE PLUMBING CONTRACTOR. ALL WORK SHALL COMPLY WITH ALL APPLICABLE FEDERAL, STt`kTE, AND LOCAL CODES, ORDINANCES AND REQUIREMENTS. 25. ALL WORK SHALL BE PERFORMED AND FINISHED IN A WORKMANLIKE MANNER TO COMPLETE SATISFACTION OF THE ARCHITECT /ENGINEER IN ACCORDANCE WITH ' THE BEST RECOGNIZED TRADE PRACTICES. 26. DEVIATIONS TO THESE PLANS AND SPECIFICATIONS WITHOUT CONSENT OF THE ENGINEER MAY BE CAUSE FOR THE WORK TO BE UNACCEPTABLE. DEVIATIONS SHALL RECEIVE WRITTEN APPROVAL FROM THE ENGINEER. ` 27. SIGNS, BUFFER WALLS & FENCES ARE SUBJECT TO SEPARATE SUBMITTAL(S) AND PERMITTING. DEVIATIONS SHALL RECEIVE WRITTEN APPROVAL FROM THE ENGINEER. � � ��; .,. rn (, 0 00 ®0 %J i y *' t �._ .. 4 -,-r >,_ � '�' 'a�t 3 �p �a 0. _3 $Y .% tih lr .W. .. _]`_ , % R •> . : "I I u a ." b p: vt 5` 's fir777 zs s �' ,of- - �i1 y _` , 0 z�� t° 3' , •�` �; F Y , 0-1. % I ' � @4 ve f: { I . cast - ,, , k . 11 , �x k { `,s 4 a t �" a It - _ ' . .. 1 k . 0 x R fla F 7 i 1 s r. rn r g PA s a t t In k e. ,, . ,. , . b'*r 'A �: e -KI, s f s° -- -w ^rn�, ., w K o 1 F ady'a,t, Em I Ell, iF,9936 V -- . �, 11-11 { ,?' f r "`rZ? ` c-4'r fit =;fi ",s3 7'J' �ksz.t s'bTKs �., Wit .. �' `��' "C ,._; '''t't ..' i3 tAi't �i`:t!�',.. ".- 1111� (00 i e'er C-) 1 11 t e gm I e I_ .-A f U I' tlT I i I i �, II � w tI - 11 i i I r I r • - E a .I I r I - . 1. LLLLLLL r " �. ii.., 11 r, ar 1 1 T "i It "' ;r It A . I frf + + -4 I x �i 11 "` + >0 a, I I ..__�_.__ ____ __ � _ __-.__ - � � / / / ' �0 � _ / ff DEMOLITION NOTES �� DEMOLITION OF '[HE SITE INCLUDES THE OF ALL EXISTING STRUCTURES YYOQH|N PROJECT AREA, FYYNNG AND BA3E, UTILITY LINES (SANITARY SEWER, STORM PIPES, WATER LINES, POWER POLES, OVERHEAD AND UNDERGROUND POWER AND TELEPHONE CABLES' GAS L}NES, � , "'. �,._,..� �� - �4 TREES, 3HRUBS, ETC.) AND IS H"___�� I I .- 1, 00 Lu I NOT LIMITED TO WHAT'S SHOWN. 1, 1 - == ���� DS AND CONCRETE VKALKS T0 THE; '*� 0 2NVI STORY "A ' � I 71e��9 / NEAREST EXPANSION JOINT. t�N _F ��//,it--,,i!.��- REMOVE ASPHALT AND BASE. y///,11-,--_...!._ _L " .. ! .,: 'Z- - - , " , * - - N. - ,.: �t . _ - no .. .. ..... 1 131 RE�OVE EX|�ON� CTRUCTURE AND FOOT|HC. X �, W > REMOVE EXISTING BLOCK WALL. . , � -11 _ I LLLLLLL-LLLLLLL I i REMOVE/RELOCATE TREE. 1R113 Im IV N, P� __ �5�1 __ P 11- L LLLLL E41 I ' REMOVE CURBING TO THE NEAREST �XP8NS|ON JO|NT. / RE�OVE F[NCEAND GATE AND ASSOC|A[ED POSTS. RE�0YE �!CN. P0YYER �ETER ON C]NC� POS[ / _ �� '� REMOVE STAIRS AND CONC. LOAD|NL� . It - . - ,,iii._ .:-. 5 HANG . .�,.,._ � ". - - __,:�� - -.—.i — ��— —,,vW7- Z -t, *!.6-j=j , , 10 — . . - �!__ - - 45,:,:;� , , �L - - �:�_ - L 5 " - _ .,* "j-:'.-;Ij 0 9 1:�) REMOVE CURB INLET, GRATE INLET, |5`' RCP AND 1D'' CLN( V� . <o STORM PPE, RD. DRAIN. I 11 ,v REMOVE EX. SAN. MANHOLE, 4"'0" ND J'' CLAY SAN. P|PE. RENOVE EX. YkATER L|NE �NU ��[[/� A[[ER. -,� 11', A ,8 �7._ ... - t_ __ __ pt- ) REMOVE EX. LIGHT POLES, POWER POLLS, FLORIDA POWER BOX \ AND ASSOCIATED OHYY. COORDINATE WITH PROGRESS ENERGY. �� VER|ZON AND CABLE. ' REMOVE EX. GAS LINE. F 1830 0.4 11 5 ALL CAVITY 8c EXCAVATION RESULT|N� FRON REMOVAL OF X�/ TREES, SHRUBS, PIPES, INLETS, 8REXSE TRAPS. SIGN, ID/ / AND P0LE BASE SHALL BE FILLED VKH APPROVED SUITABLE MATERIAL AND COMPACTED' IN 12'' LIFTS TO ID/ ' Q5Y� OF MAX DENSITY. - 16 - --�S�2-SITE UUL|T|ES AHD . CONSTRUCTION DEBR|S�RA]L-oScUR }P SOLID Y0ASTE DISPOSAL FACILITIES APPROVED BY FD.E,P., AND _ ~ �� P|NELLA3 COUNTY. ' ~� w- ' �� �� ~ � �` ' 17 APPL|CANT >S RESPON�!BLE FOR ALL &PPL|CA8LE � '^ '~~`�'"��- ~~ —CONFLICT COST FOR REMOVAL OF EX STORM SBNER 1 � ---- ' ' �p EX. WATER WAN AND EX. GAS WNH u I[LP,=J'1O'(8~0P) IV— I y - / �,/ �/ - . 1"; .i _,� r..z " I INV.(E)=2.44 __ / /I/ // a215�7'�-j /I xx . INV.(E)=1.47 ^�� � , � � �-. � ~ w . \ ` '' �0 ` ~- m« � ! ' ' ~"�°�* -_ _- __ ' ,' LLI �` -~��/mx«|� |w� � , '�__ __ ________ __ __ . /,'� -'� _ _� _________ |N\(( 49 - |N\(/W)=1.20' - ~- � 1. - 1 .. �L_LLLm I I ON CONC I I-!'-, a / ' / ' .. ci L — f. � T4: -t—. . - � .. ;- r ,��; j 4� �-, L I , "�_X,_m my_'MR=- . . :I _GLILL -LLI L j '.:... .' - f -1 17 ' _ .; j"L � �N ~ ' / / � a , - . - ,�vl 'Ll- ' / . ~ / __ - . � / r.. -: z) . j � . I / - - ' ~ � ~/ .. 827. _, wr ���m�" / `, - , -- �� _-�. .^� /� __~ 5� u 149 __jI (-. I AGUNA GRILL , N' � . a �/uxm w --��^ / � � mw / r� / |NY�N ' / |NK(uA=%�� - `' / SANITARY ��NH0LE--~ ' .7,7- T---,-,5;r P � FULL . / NOT MEASURABLE � �� -� °��»��^ � ' - v --��� -~-- --^ t:p ,�' ~= . --. � . ��, ' k� �" o �q /,� ' I I . �� ,, *, / ' - / � 0 ��. Q�� ����v� 8 Q-� , ", �� � �� � o' . ~ � / / HOLE INV.M:22:9564: co / INV. E �3 rmi 4nVC / �mp .Z7, 1� )—^'HT. ,j,,, � I I ;u O v «�����~ �'=��» u--f,_ ,". �.. � �,,,;,� �'. - 6t ,1 I �����~ � ��� 20 U 10 20 40 ' .^m*wn»*o»*~/���� � ` � �� ` ME PROPERTY OF THE ' �Il, ANY VlAY WITHOUT J�. �� rvu�'PUBLISHED |` | " 7, �( i I , � M� st ( � . ---�.'`''x^`^^ ' ' I Issue Date: 09/17/0 I INO. Date Descri:�.�l �� THE CONSENT F` THE ENGINE A- .0 THE CONSENT F` THE ENGINE A- .0 ^ -1 k 0 41ft I 1, � I � __ , , i MR ^ LANDSCAPE O Mlvl=,J.IJ4 INV.�N)=3.02' INV. W)=2.50' 1-STORY HOTEL F.F.=7.22' 20'x2O' VISIBILITY TRIANGLE CURB NLET TOP=, 44' O RIM =' .42' IHRO INV. �WS�=0.49' INV. =1.20' NEW 3' VALLEY F D.O.T. INDEX GUTTINDEX 300 NF- CURD Ew O.T. INDEX 300 GRATE INL --T Cd GRATE= 4. 1-2' INV.(S)=O 49: INV.(W)=1.20 NEW 2' GU CURD CURD TTER 4EW 7- 4DEWALI< ONSTRUCTE Y OTHEaS D '10' RIGHT -OF -WAY To BE DEDICATED TO CITY OF CLEARWATER SEE PREYMUSL" APPROVE0 Pv �A BY UTY OF CLEAM ff &TPmR I 20' SiTE PLAN No. F'L--0'0 31LITY NGLE (ENCLOSED) SCAL, 1' 2' 20 0 10 20 40 7a 00 mm P MA LU LAI fn Ul LU t-o Emu fiR Lu An ui Lu Vw 0 Lu MA cd > 0 FE R hx 5 9 3 6 MY) �I 0, yS MWE 0, F---1 �7 �p . l;j 'pl CONC 11 INV. �N)=3.02 INV. W)=2.50' SANITARY MANHOLE"""X FULL NOT MEASURABLE /V CONC PARKING s (SANITARY MANHOLE iZ, RIM=4.80' NV.�E INV. INV.(S)=2.08' INV. S =2.54 S06*54 Mt? D IP � jp S07*00'.1 �p . l;j 'pl CONC 11 INV. �N)=3.02 INV. W)=2.50' SANITARY MANHOLE"""X FULL NOT MEASURABLE /V CONC PARKING EW MANHOLE IM. EL. 5_5 NV. EL 1.6 90 L.F. @ 0.227op 18' RCP AS— NEW CURB INLET F.D.O.T. INDEX 210 TOP EL. 5.0 CONNECT EX. PIPE IN, ,EL. 1,44 TO PROP SED STRUCTURE ,gy @ NV.1 j44 CURB NLET TOP .44' RIM= .42' THRO INV. ��S �=0.49' ------ REMOVE Exi INV. V =1.20' CONFLICT 13OX REPLACE 6" CLAY MANHOLE Wk < NEW 13- SAN. SEW fk;o I ds LATERAL —SANITARY MANHOLE RIM=4.14' I 'j.�N 2.49' I'N' V E 2: 4 4 INV.(S)=2.47, PJ INV.(W)=2.47 o, —WATER— TS" MCP !? GRATE INL _T T GRATE=4. t2' INV.�S)=0jlF.49' 0, INV. W)=1.20' s (SANITARY MANHOLE iZ, RIM=4.80' NV.�E INV. INV.(S)=2.08' INV. S =2.54 INV.(W)=2.76' Mt? D IP � jp 4 PVC EW MANHOLE IM. EL. 5_5 NV. EL 1.6 90 L.F. @ 0.227op 18' RCP AS— NEW CURB INLET F.D.O.T. INDEX 210 TOP EL. 5.0 CONNECT EX. PIPE IN, ,EL. 1,44 TO PROP SED STRUCTURE ,gy @ NV.1 j44 CURB NLET TOP .44' RIM= .42' THRO INV. ��S �=0.49' ------ REMOVE Exi INV. V =1.20' CONFLICT 13OX REPLACE 6" CLAY MANHOLE Wk < NEW 13- SAN. SEW fk;o I ds LATERAL —SANITARY MANHOLE RIM=4.14' I 'j.�N 2.49' I'N' V E 2: 4 4 INV.(S)=2.47, PJ INV.(W)=2.47 o, —WATER— TS" MCP !? GRATE INL _T T GRATE=4. t2' INV.�S)=0jlF.49' 0, INV. W)=1.20' SCALE: 20 0 10 20 40 THIS DRAWING IS AN INSTRUMENT OF SE7C ENGINEER, AND SIVIL, NOT BE REPROD THE CONSENT OF 'Fl� ENGINEER. ", %' Cl t\ 11 el - . :- T lir'l — KENNI COPIES OF EMBOSSED p tokiV m SANITARY MANHOLE RIM=4.56' U IN 5 4- A�=2.96' 2, co 'o NV.�E INV. INV. S =2.54 INV.(W)=2.76' Mt? D IP � jp 4 PVC SCALE: 20 0 10 20 40 THIS DRAWING IS AN INSTRUMENT OF SE7C ENGINEER, AND SIVIL, NOT BE REPROD THE CONSENT OF 'Fl� ENGINEER. ", %' Cl t\ 11 el - . :- T lir'l — KENNI COPIES OF EMBOSSED p tokiV m 2-1/2"x2-1/2-x1/2- ANGLE 4'x3/8'0 ANCHOR STUD NEW ASPHALT AND BASE• -% 35 LF OF-, C.O. (SEE DETAIL) ---- Z=;--------- 2'-11 PVC In NEW SURFACE (SEE NOTES 1 & 2) r— EXIST. SURFACE I VARIES_j REPAIR OF PAVEMENT NOTES: 1. ASPHALTIC CONCRETE PAVEMENT SHALL BE MECHANICALLY SAWED AND ALL SURFACES TACK COATED. 2. SURFACE TO BE CONSISTENT WITH EXISTING SURFACE AND THICKNESS; WITH MIN. OF 1-1/2" ASPHALT F.D.O.T. TYPE S-3. 3. BASE MATERIAL SHALL BE PLACED IN 6" COMPACTED LAYERS TO 98% OF MAXIMUM DENSITY AS DETERMINED BY AASHTO T-180, LAB REPORTS ARE REQUIRED. 4. BACKFILL FOR TRENCH SHALL BE PLACED IN 12" COMPACTED LAYERS TO 100% OF MAXIMUM DENSITY AS DETERMINED BY AASHTO T-99, LAB REPORTS ARE REQUIRED. REPAIR OF PAVEMENT CUTS N.T.S. TOP OF CAST IHUN VtI1L;ULINL 6" ORIFICE T UNDERDRAIN CLEAN-OUT w/118"x18%4" CONC. COLLAR GRATE, TRAFFIC TYPE GRATE EL 9.5-- rA�OPMR VAU LT — -Z-- (H-20 LOADING) W/2 SIDED AREA 2' ANCHOR GRATE SEAT Sol 6' SOLID PVC rFOR I' CONC. WALL BOT. ELEV. 3.0 X SEE FDO INDEX 201 4000 PSI 0 8" CONC; uuuuuuuuuu ssgs§�W00000000 E E BOLT AND y I M CHAIN 28 DAYS ........ ...._M U ...... 1 FOOT 'C" 2'-0" x S-1- 1 #4 � 012- O.C.E.W. COF L IMPERVIOUS L NOTE* 1. CUT PIPE FLUSH TO BE DIRECTED FOR A MIN, (IF 10* EACH WAY w/INSDE FACE OF SHOULDER VARIES (SEE PLAN) TOWARDS UNDERGROUND TREATMENT VAULT WALL 61 SOD SLOPE 1/4" PER FOOT 2. MORTAR BOTTOM TO IIII 1-1/2- RADIUS MATCH INVERT OF ja_ OR MORE VERTICAL CL. INLET DETAIL OUTFALL PIPE, 6" PVC UNDERDRAIN W/ SOCK (PERF. PIPE) N.T.S. VERTICAL CURB NEW ASPHALT AND BASE• -% 35 LF OF-, C.O. (SEE DETAIL) ---- Z=;--------- 2'-11 PVC In NEW SURFACE (SEE NOTES 1 & 2) r— EXIST. SURFACE I VARIES_j REPAIR OF PAVEMENT NOTES: 1. ASPHALTIC CONCRETE PAVEMENT SHALL BE MECHANICALLY SAWED AND ALL SURFACES TACK COATED. 2. SURFACE TO BE CONSISTENT WITH EXISTING SURFACE AND THICKNESS; WITH MIN. OF 1-1/2" ASPHALT F.D.O.T. TYPE S-3. 3. BASE MATERIAL SHALL BE PLACED IN 6" COMPACTED LAYERS TO 98% OF MAXIMUM DENSITY AS DETERMINED BY AASHTO T-180, LAB REPORTS ARE REQUIRED. 4. BACKFILL FOR TRENCH SHALL BE PLACED IN 12" COMPACTED LAYERS TO 100% OF MAXIMUM DENSITY AS DETERMINED BY AASHTO T-99, LAB REPORTS ARE REQUIRED. REPAIR OF PAVEMENT CUTS N.T.S. PLACE SOD 1/2- BELOW PAVEMENT NEW ASPHALT FIN. GRADE PRIOR AND BASE--x Tr) qr)nn1tjr. N.T.S. RETENTION BASIN TOP OF 6" ORIFICE T UNDERDRAIN CLEAN-OUT w/118"x18%4" CONC. COLLAR SOD DISTURBED rA�OPMR VAU LT — -Z-- COMPACTED C PA AREA 0, APPROVED FILL I Sol 6' SOLID PVC # 57 ROCK OVER /90' LONG w w go. BOT. ELEV. 3.0 SWEEP ELBOW FILTER MEDIUM (13" HIGH) i uuuuuuuuuu ssgs§�W00000000 FABRIC IT FILTER.7.7-%'.' TO 6"PVC WATER TIGHT ........ ...._M U ...... 000000 0000000 .... ........... .... . ..... .............. ....... NOTE NOTE: ALL ROOF DRAINS L IMPERVIOUS w0000ee TO BE DIRECTED FOR A MIN, (IF 10* EACH WAY UNDERDRAIN CLEAN-OUT SHOULDER VARIES (SEE PLAN) TOWARDS UNDERGROUND TREATMENT VAULT ® & 61 SOD SLOPE 1/4" PER FOOT SOD IIII 1-1/2- RADIUS FILTER MEDIUM ja_ OR MORE VERTICAL CL. COMPACT C. 24 6" PVC UNDERDRAIN W/ SOCK (PERF. PIPE) VERTICAL CURB CURB N.T.S. 10, mill. FILL INV. ELEV. 2.5 _---GRATE EL 9.5 6- = .6 30 MIL. IMPERVIOUS CONCRETE ENCASEMENT OF COMPACTED FILL OR J 111-1 MEMBRANE -EL 4.75 1 1 1 1 MAIN IS NOT PERMITTED. GRAVITY MAIN 18" RCP INV. EL 3.0 "E"'THOM THRU'lu"GH UNDERDRAIN BOTTOM EL 3.0 As a VAULT SEWER CLEARANCIECI N.T.S. N.T.S. PLACE SOD 1/2- BELOW PAVEMENT NEW ASPHALT FIN. GRADE PRIOR AND BASE--x Tr) qr)nn1tjr. N.T.S. RETENTION BASIN TOP OF BANK- T UNDERDRAIN CLEAN-OUT w/118"x18%4" CONC. COLLAR FLUSH AT SIDE SLOPE. rA�OPMR FINISH CONC. WALK COMPACTED C PA BOTTOM #57 ROCK 0, APPROVED FILL OF BASIN Sol 6' SOLID PVC EDGE OF WAL'. /90' LONG w w go. FINISH GRADE TO SWEEP ELBOW FILTER 7 ..................... t CONNECT MEMBRANE FABRIC IT FILTER.7.7-%'.' TO 6"PVC WATER TIGHT ........ ...._M U ...... (SEE U.S.I. .... ........... .... . ..... .............. ....... 6"PVC L IMPERVIOUS UNDERDRAIN MEMBRANE FOR A MIN, (IF 10* EACH WAY UNDERDRAIN CLEAN-OUT N.T.S. 6' NIAX. 15" X x, to 3 MIN x 1111A.111 11 Ila-IlIG 11. 111 -�111 Fii� IM�AIIPqll Pill 11 A III. �l I I uzz: I I 12" 20* NOTE: SILT FENCE SHALL NOT OPTIONAL---- T 4 BE TRENCHED IN WHERE POSITION 2 ADJACENT TO TREES DESINGED TO REMAIN. THE SILT FENCE MUST >I SILT BE SECURED THROUGH THE FLOW PLACEMENT OF FILL OVER THE LOWER LIP OF THE BARRICADE. SILT BARRIER DETAIL N.T.S. 101111111Z 17- TYPICAL PVC WYE [43 A ILI M-011110 ej q- N.T.S. N.T.S. -A. N.T.S. U.S FOUNDRY 7623 COVER TO BE MARKED "SEWER CLEANOUT" IRON BODY FERRULE WITH BRASS SCREW PLUG JONES PLUMB. CO. T466CSK OR EQUAL 6" PVC 8" MIN. CONC. ENCASEMENT A[ w 6- PVC 1/12 BEND & 6" WYE PLUG 6"x4" REDUCER (IF REQUIRED) 3/4- SAMPLING COCK SAMPLING MEDIUM BROOM FINISH GRADE TO FINISH CONC. WALK FINISHED 1" BELOW GRADE ARRANGEMENT All t3l EDGE OF WAL'. LE FINISH GRADE TO IX LOCATIONS OF & SOD 1" BELOW r MAX. SLOPE 4:1 N, MEDIUM BROOM MIN. SLOPE 2% EDGE OF WALK 1> FINISH CONC. WALK r Lm 2' LEVEL FOR A MIN, (IF 10* EACH WAY ENGINEERING DIV. SHOULDER VARIES (SEE PLAN) SHOULDER ® & EXPANSION JOINT SOD SLOPE 1/4" PER FOOT SOD CURB 1-1/2- RADIUS LO ja_ OR MORE VERTICAL CL. I ,--IVAIER FA111 VERTICAL CURB CURB N.T.S. 10, mill. P.V.C. OR V C.P d HORIZONTAL CLEARANCE I , SAN. SEWER GRAVITY MAIN 6- i— PAVING CONCRETE ENCASEMENT OF COMPACTED FILL OR J 111-1 SANITARY SEWER GRAVITY OR SAN. SEVIER--,�' MAIN IS NOT PERMITTED. GRAVITY MAIN VLCRTICAL CLEARANCE HORIZONTAL CLEARANCE UNDISTURBED SOIL SAM91TARY SEWER CLEARANCIECI N.T.S. COMPACTED FIU I =IIII BASE OR UNDISTURBED SOIL COMPACTED SUBBASE NOTE: NOTE: WHEN SIDEWALK i S PROVIDE 4- 1/ 6:IS PROVIDE 1/4- TO BE REMOVED & /OR CONTROL JOINTS J_ �Ijjj CONTROL JOINTS NEW SIDEWALK TO ab 4'n -C_ 5' O-r-- 101111111Z 17- TYPICAL PVC WYE [43 A ILI M-011110 ej q- N.T.S. N.T.S. -A. N.T.S. U.S FOUNDRY 7623 COVER TO BE MARKED "SEWER CLEANOUT" IRON BODY FERRULE WITH BRASS SCREW PLUG JONES PLUMB. CO. T466CSK OR EQUAL 6" PVC 8" MIN. CONC. ENCASEMENT A[ w 6- PVC 1/12 BEND & 6" WYE PLUG 6"x4" REDUCER (IF REQUIRED) 3/4- SAMPLING COCK N.T.S. 12" rAfr= Ff SIGN FTP - 26 1-1/2-R camm 6' S' 6' rum WHEEL cmy STOP EACH PARKING am rm SPACE SHALL BE 1 L f i Fa =14 K a CONSPICUOUSLY BLUE WIDE 1/2 DOWN- D STRIPED IN BLUE BACKGROUND ?M-4 cu WHITE BORDER HITE PAINT, f, AND W - - - f- P.2 GALVANIZED METAL g. �w� W U Wv 4� AND SHALL BE POSTED - - - - - - - SIGN POST WITH 3/8" ong, SION SPECnQATIO AND MAINTAINED WITH A -i;� •tl� �2 1. 18"x`12" LOGO SIGN oo ON 1" CENTERS HOLES DRILLED a W 3:7 MR, PERMANENT, ABOVE- g W, img,'. o J9 \� 7`11�1`kl -- - - PARKM BY I'Me � 'v GRADE SIGN BEARING o THE INTERNATIONAL 2. 2 SIGN COMBINATION o DMABUD 0. SYMBOL OF ACCESSIBILLITY WHITE 1" SERIES "C" REFLECTIVE SHEETING FINISHED a.m el o o o o 297 1/2- BLACK o GROUND M ;p D THE CAPTION BACKGROUND PErdff LETTERS n "PARKING BY DISABLED 3. LETTERS TO BE PERMIT ONLY". ONLY 1�- 1" HIGH SERIES "C" 'IT BORDER o o - SUCH SIGNS SHALL NOT ` 4 C) - - - - - - - .5" 4. SIGN TO BE MADE OF 1"DROP o BE OBSCURED BY A o o 3000 PSI CONC. HC VEHICLE PARKED IN THE ALUMINUM p o 6' 6- o SYMBOL WHITE $255 FIE g 6-4 t-1 11 SPACE. ALL HANDICAPPED T-17 1 � o 0* 1-1 wn PARKING SPACES MUST BACKGROUND 5. POST TO BE MADE OF o Az, w 3.318.14 GALVANIZED STEEL oo m BE SIGNED & MARKED (SEE DETAIL) col IN ACCORDANCE WITH < 0 2 THE STANDARDS SYMBOL SHALL BE 5 FT. 3- 6- 3- 6, SIGNAGE PER A.D.A. 0 2 ADOPTED BY THE HIGH & WHITE PAINT COLOR FT - REQUIREMENTS :1_2- :3 DEPARTMENT OF < 1�- TRANSPORTATION A CD AND A.D.. I HANDICAP PARKING SIGN DETAIL HANDCAPPED PAVEMENT SYMBOL SIGN POST DETAIL N.T.S. HANDICAP PARKING STRIPING DETAIL N.T.S. N.T.S. NTS TOOLED GROOVES 3/8" WIDE, 3/8" DEEP, 3" O.C. TO BE MADE AT INITIAL POURING POST OP IONS: 2"x4" OR 2.5"DIAM,, WOOD; 1.33LOS./171, MIN. STEEL FILTER FABRIC IN CONFORMANCE Will! SEC. 985 F.D.O.T. SPECS. OR EQUAL EXIST. GROUND PRINCIPAL POST POSITION, CANTED 20* TOWARD FLOW FILTER FABRIC EXIST. GROUND SAMPLING ARRANGEMENT INSTALL 2" PLUG (AFTER REMOVAL FINISHED OF SAMPLING GRADE ARRANGEMENT All t3l THRUST BLOCK LE Note: IX LOCATIONS OF & SOD BLOW-OFFS FOR MAX. SLOPE 4:1 WATER SAMPLING MIN. SLOPE 2% TO BE PER 1> PINELLAS COUNTY G.V HEALTH DEPT. FOR A MIN, (IF 10* EACH WAY ENGINEERING DIV. CLWTR. OFFICE ® & 538-7277 SAMPLING POINT DETAIL FOR PLACING N.T.S. 12" rAfr= Ff SIGN FTP - 26 1-1/2-R camm 6' S' 6' rum WHEEL cmy STOP EACH PARKING am rm SPACE SHALL BE 1 L f i Fa =14 K a CONSPICUOUSLY BLUE WIDE 1/2 DOWN- D STRIPED IN BLUE BACKGROUND ?M-4 cu WHITE BORDER HITE PAINT, f, AND W - - - f- P.2 GALVANIZED METAL g. �w� W U Wv 4� AND SHALL BE POSTED - - - - - - - SIGN POST WITH 3/8" ong, SION SPECnQATIO AND MAINTAINED WITH A -i;� •tl� �2 1. 18"x`12" LOGO SIGN oo ON 1" CENTERS HOLES DRILLED a W 3:7 MR, PERMANENT, ABOVE- g W, img,'. o J9 \� 7`11�1`kl -- - - PARKM BY I'Me � 'v GRADE SIGN BEARING o THE INTERNATIONAL 2. 2 SIGN COMBINATION o DMABUD 0. SYMBOL OF ACCESSIBILLITY WHITE 1" SERIES "C" REFLECTIVE SHEETING FINISHED a.m el o o o o 297 1/2- BLACK o GROUND M ;p D THE CAPTION BACKGROUND PErdff LETTERS n "PARKING BY DISABLED 3. LETTERS TO BE PERMIT ONLY". ONLY 1�- 1" HIGH SERIES "C" 'IT BORDER o o - SUCH SIGNS SHALL NOT ` 4 C) - - - - - - - .5" 4. SIGN TO BE MADE OF 1"DROP o BE OBSCURED BY A o o 3000 PSI CONC. HC VEHICLE PARKED IN THE ALUMINUM p o 6' 6- o SYMBOL WHITE $255 FIE g 6-4 t-1 11 SPACE. ALL HANDICAPPED T-17 1 � o 0* 1-1 wn PARKING SPACES MUST BACKGROUND 5. POST TO BE MADE OF o Az, w 3.318.14 GALVANIZED STEEL oo m BE SIGNED & MARKED (SEE DETAIL) col IN ACCORDANCE WITH < 0 2 THE STANDARDS SYMBOL SHALL BE 5 FT. 3- 6- 3- 6, SIGNAGE PER A.D.A. 0 2 ADOPTED BY THE HIGH & WHITE PAINT COLOR FT - REQUIREMENTS :1_2- :3 DEPARTMENT OF < 1�- TRANSPORTATION A CD AND A.D.. I HANDICAP PARKING SIGN DETAIL HANDCAPPED PAVEMENT SYMBOL SIGN POST DETAIL N.T.S. HANDICAP PARKING STRIPING DETAIL N.T.S. N.T.S. NTS TOOLED GROOVES 3/8" WIDE, 3/8" DEEP, 3" O.C. TO BE MADE AT INITIAL POURING POST OP IONS: 2"x4" OR 2.5"DIAM,, WOOD; 1.33LOS./171, MIN. STEEL FILTER FABRIC IN CONFORMANCE Will! SEC. 985 F.D.O.T. SPECS. OR EQUAL EXIST. GROUND PRINCIPAL POST POSITION, CANTED 20* TOWARD FLOW FILTER FABRIC EXIST. GROUND GROUND PREPARATION PLACEMENT OF CONCRETE AT ALL BUILDINGS SLAB AT ALI- BU�LDINGS 101 10N Q ',E v.; PLACE CONC. SLAB/WALK 4" BELOW FLOOR ELEV. EXCEPT AT C -T I ORM DRAIN NEW BLDG. DOORS REMAIN FI-U-`01 EXPANSION JOINT FILL GROUND AROUND SLOPE AT 1/11" BLDG. TO 3" BELOW PER FOOT FIN. FLOOR ELEVATION FIN. FL. -� 10:1 MIAX. SLOIRV & SOD SOD MAX. SLOPE 4:1 MIN. SLOPE 2% WATER MN 01? STORM DRAJR NOTES: FLUSH CURB 1. PROVIDE 5'x5'-,4" FOR A MIN, (IF 10* EACH WAY THICK CONC. SLAV 0 ALL LMERGEI,= E>111;- RADE 7, CONFORM TO A13OVE THE VERTICAL CLEARANCE BETWEEN WATER & SEWER MAINS IS 18" OR LESS. DETAIL FOR PLACING CURB VIALYS AT 111E BLDGS. GROUND PREPARATION PLACEMENT OF CONCRETE AT ALL BUILDINGS SLAB AT ALI- BU�LDINGS 101 10N Q ',E v.; * 7mUTE14 �IN C -T I ORM DRAIN 18" MIN. VERTICAL CLEARANCE U R n GRADE 10• 10, FI WATER MN 01? STORM DRAJR D.I.P. IS USED IN PLACE OF P.V.C. FLUSH CURB FOR A MIN, (IF 10* EACH WAY FROM (� OF WATER MAIN WHEN RADE F- THE VERTICAL CLEARANCE BETWEEN WATER & SEWER MAINS IS 18" OR LESS. F--LUSH CURB LO ja_ OR MORE VERTICAL CL. I ,--IVAIER FA111 Av CURB N.T.S. 10, mill. P.V.C. OR V C.P d HORIZONTAL CLEARANCE I , SAN. SEWER GRAVITY MAIN NOTE: i— CONCRETE ENCASEMENT OF STORM SEWER SANITARY SEWER GRAVITY OR SAN. SEVIER--,�' MAIN IS NOT PERMITTED. GRAVITY MAIN VLCRTICAL CLEARANCE HORIZONTAL CLEARANCE WATER MAIN & SAM91TARY SEWER CLEARANCIECI N.T.S. mi 41- 1 I I Oil 01 R jo CURB FLUSH CURB Er z 00 00 141 5. v z v 0 14 CA z z L16 cr, LU 0 1- i %A 00 Lu 0 14 I z MA VA 0 z 0 0 Pri oil Z rf CA evl 0 0 > Lu E ®R) 9 5 9 3 6 PI GGr jG THIS DRANYING 13 All INSTRUMENT OF SERVIC� J110 SIM# 0MAIN THE PROPERTY OF THE ENGINEER, ANP SHALL NOT BE REPRODUGM I 'A - HOUT Q _13�lfl ED , rl� 14 ANY VhNY Vill THE CONSENT }F 11�5Atl(';INEER. Cotj RIG TIF�A'A NOT PUBLISHED A T F C) 0 10 200 11 HHETI COPIES OF IIE 1. T EMBOSSED� U R n FI FLUSH CURB P—A F--LUSH CURB RAMP DETAL CURB N.T.S. THIS DRANYING 13 All INSTRUMENT OF SERVIC� J110 SIM# 0MAIN THE PROPERTY OF THE ENGINEER, ANP SHALL NOT BE REPRODUGM I 'A - HOUT Q _13�lfl ED , rl� 14 ANY VhNY Vill THE CONSENT }F 11�5Atl(';INEER. Cotj RIG TIF�A'A NOT PUBLISHED A T F C) 0 10 200 11 HHETI COPIES OF IIE 1. T EMBOSSED� F — — — — — ALTERNATIVE - - - - — \ City permit to be determined by "Beach by Design" 17-4 (u W a) -0 CONCEPTUAL SUBJECT TO FINAL DESIGN AND PERMITf INQ /I L - - - -- — — — — — — — — T C) Q _j ;E (3 D 0 0 M, 0 Z W D w M P - PRO" SITE AV z C#-- ASE CASE TYPE DRC DATE CDB DATE AT SIGN ATU Ri,� I)ATE Lj z M VESKA" VIE SIGNATURE. OF TILE WAIJTY CONTROL OrFICER IN THIS SPACE INDICATES VIAT ALL REQUIRED Dmvi PERMITS HAVE BEEN OBTAINED AND THAT CONSIRUCTIC" 15 a ECUD AUTHORIZED TO COMMENCE. w u b 11 r Cqfe LOGNI-ION MAF'- 4C bn�Al LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29, RANGE 15 EAST, PINELLAS : t COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 0 J I— I. LOT 57, LOT 104, THE SOUTH 20.00 FEET OF LOT 56, AND THE SOUTH 20.00 FEET OF LOT FIROJECT 103, THE LLOYD-WHITE-SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, SITE OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH LOT 105, LOT 106, AND THE NORTH HALF OF LOT 107, HE LLOYD- WHITE- SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. 03 TOGETHER WITH LOT 58 AND 69, HE LLOYD- WHITE - SINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY; FLORIDA. F_ (�I.UARVVATER - ----- ---- TOGETHER WITH THAT PORTION OF THIRD AVENUE A 60.00 FOOT RIGHT-OF-WAY To BE VACATED. BEING BOUNDED ON THE EAST BY THE WEST RIGHT.-OF-WAY LINE OF CORONADO DRIVE, AND ON THE WEST BY THE EAST RIGHT-OF-WAY LINE: OF GULF VIEW u- t BOULEVARD, ON THE NORTH BY THE SOUTH PROPERTY LINE OF LOT 67 AND LOT 104, AND THE SOUTI-I BY THE NORTH PROPERTY LINE OF LOT 68 AND LOT 105. _R� SI f TOGETHER WITH THE EAST 35.00 FEET OF A 70.00 FOOT RIGHT-OF-WAY OF GULF VIEW BOULEVARD TO BE VACATED. BOUNDED ON THE NORTH BY THE WESTERLY EXTENSION OF THE NORTH PROPERTY LINE OF LOTS 57 AND 104, AND ON THE SOU 1-d BY I HE WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 59. Bill CONTAINING 1.63 acres, (71,060 sqfL), rwre or less. Ir NOTES SITE PLAN AP IF_,;:0WL 1. ALL EXISTING OCCUPATION REQUIRED To CONSTRUCT THE rf < PO' CASE Vt IL-OI-01 (-k (: / i-01-01-01 PROPOSED IMPROVEMENTS IS TO BE REMOVED. B CASE TYPE 2. OVER14ANGIOVERPASS TO PROVIDE MINIMUM 15 CLEARANCE OVER DRC DATA ,� RELOCATED GULFVIEW BOULEVARD. CDB DATE 0 OD *41 SF-vi MAIN SIGN 3. BUILDING TO BE SPRINKLED FOR FIRE SUPRESSION. DATE 4. SOLID WASTE TO BE HANDLED BY COMPACTOR 5. MAIN TENANCE OF TRAFFIC (MOT) PLANS WILL BE IMPLEMENTED FOI-1 GULFVIEW BOULEVARD IMPROVEMENTS. 30* CITY STORM LINE 6. CORONADO DRIVE IMPROVEMENTS WILL BE DEFINED THROUGH IMPLEMENTATION OF BEACH BY DESIGN AND IMPLEMENTING STUDIES. 7. DRAINAGE / UTILITY EASEMENTS WILL BE PROVIDED THROUGH NORTH SITE (SERVICE) DRIVEWAY. 8. PUBLIC SIDEWALK WILL BE PROVIDED ADJACENT TO PUBLIC DRIVE. j% 0- to LEGEND J( A TAG PROPERTY BOUNDARY ZONING DISTIZICT: _loin? 1' (1) (after r/w dedication) USE: STORM MANHOLE MOILS _�,��, fl AND LOT AREA (SQ. Fr. AND ACRES) w GRATE INLET 7{ 61 AC} 0 FIRE HYDRANT � 1 4 LOT WIDTH : En 100 Av) 'NEST (D VALVE LOT ULFIH: 12'yi,15 (SouLh of 1*5 v d Av) ru SANITARY MANHOLE 0 BUILDING COVERAGE: 64, 1 5,i (9 1.2) 11,111:]0UP :�,PACL 322,435 SF SQ. FT. 4)D V. OF CROSS SITE) BUILDING LIMITS tn 1,101,1--All' ('011DITIONED TREE GROSS FLOOR AREA AND F.A.R.: .,c Cu 25,0310--t: (35.2%) QZi LANDSCAPE AREA SETBACK (ALSO INCLUDE DIMENSIONS ON SITE PUN DRAWINGS) w PROPOSED PROMENADE FRONT: A VARIES 0'-- I!j' SIDE: VARIES 0'— 13' C\J REAR: ru VARIES 0'--(3' al HEIGHT WITII* BOUNUS PROVISIONS (IF APPLICALE) MAX 40' (E151) `T. 0 PARKING LOr INTERIOR LANDSCAPING (SQ. Fr. 1 .. AND 1010' OF-PAVED VEHICULAR AREAS): N/A C_ C_ PARKING (R[GULAIR SPACES):. 4-J HANDICAPPd) PARKING: fl)[ HAAL) TOTAL: cv o 835+1 LO N w c 0 ILI viv N N cn a 0 0 0 0 I E9 D S •RIPTTON: TOWNSHIP PINELLASLCOUNTY,DFLOIDA SECTION ST, PART CULARY DESCRIBED AS FOLLOWS: LOT 57, LOT 104, THE SOUTH 20.00 FEET OF LOT 56, AND THE SOUTH 20.00 IN FEET PLAT 103, OF THE PAGE 12,LLOYD—WHITE—SKINNER OFD I THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA. TOGETHER WITH LOT 105, LOT 106, AND THE NORTH HALF OF LOT 107, OF THE LLOYD— , AS RECORDED I PLAT BOOK PAGE 12, OF TI E PUBLIC SKINNER RECORDS OFFNPINEL AS COUNTY, FLORIDA. 13, H TOGETHER RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC I RECORDS OSUBDIVISION, F AS PINELLAS COUNTY, FLORIDA. TOGETHER WITH THAT PORTION OF THIRD AVENUE A 60.00 FOOT RIGHT —OF —WAY TO BE VACATED. BEING BOUNDED ON THE EAST BY THE WEST RIGHT —OF —WAY LINE OF CORONADO DRIVE, AND ON THE WEST BY THE EAST RIGHT —OF —WAY LINE OF GULF VIEW BOULEVARD, ON THE NORTH BY THE SOUTH PROPERTY LINE OF LOT 57 AND LOT 104, AND THE SOUTH BY THE NORTH PROPERTY LINE OF LOT 58 AND LOT 105. TOGETHER WITH THE EAST 35.00 FEET OF A 70.00 FOOT RIGHT —OF —WAY OF GULF VIEW BOULEVARD TO BE VACATED. BOUNDED ON THE NORTH BY THE WESTERLY EXTENSION OF THE NORTH PROPERTY LINE OF LOTS 57 AND 104, AND ON THE SOUTH BY THE WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 59. CONTAINING 1.63 ACRES, (71,068 SOFT.), MORE OR LESS. CURVE LEGEND Il TRAFFIC SIGNAL ACCESS BOX ti? OAK TREE NO S C A L E 0Q0 CLEANOUT h • ® GAS METER QIa® • ® Fi 11 i . X12 PALM TREE • : / 1 • �'' I GREASE -TRAP MANHOLE (D BUSH (E ELECTRIC MANHOLE FND SCIR FOUND SET 1/2' CAPPED IRON ROD 'LB 4513° D 0 STORM MANHOLE VALVE FIR FOUND IRON ROD SIZE NOTED) IRON ROD (SIZE NOTED) WATER VALVE o LEGEND Il TRAFFIC SIGNAL ACCESS BOX ti? OAK TREE NO S C A L E 0Q0 CLEANOUT h • ® GAS METER QIa® PINE TREE ® Fi GAS VALVE X12 PALM TREE a SANITARY MANHOLE of OTHER TREE (AS LABELED) I GREASE -TRAP MANHOLE (D BUSH (E ELECTRIC MANHOLE FND SCIR FOUND SET 1/2' CAPPED IRON ROD 'LB 4513° D 0 STORM MANHOLE VALVE FIR FOUND IRON ROD SIZE NOTED) IRON ROD (SIZE NOTED) WATER VALVE FCIR FRR PK FOUND CAPPED FOUND RAILROAD SPIKE PARKER KAYLON NAIL 0 ® RECLAIMED WATER WATER METER BOX FCM FOUND CONCRETE MONUMENT (SIZE NOTED) ® RECLAIMED WATER METER BOX FOP FOUND OPEN -ENDED IRON PIPE (SIZE NOTED) FOUND PINCHED -TOP IRON PIPE (SIZE NOTED) --x IRRIGATION CONTROL VALVE FPP FN &D FOUND NAIL & BRASS DISK 0 of FIRE HYDRANT SN &D SET NAIL IN BRASS DISC 'LB 4513' LIGHT POLE PLS PROFESSIONAL LAND SURVEYOR WOOD UTILITY POLE LB LAND SURVEYING BUSINESS p PLAT 0 CONC UTILITY POLE D DESCRIPTION ® TELEPHONE BOX F O.R. FIELD MEASURED OFFICIAL RECORDS (BOOK) ® CABLE TV BOX PG PB PAGE PLAT BOOK ° SIGN SPRINKLER HEAD cp CALCULATED FROM PLAT CALLS ®R0 ROOF DRAIN Cf CALCULATED FROM FIELD SURVEY POB POINT OF BEGINNING GUY FlBFUEONNRE CABLE POC POINT OF COMMENCEMENT R/W RIGHT -OF -WAY P.U. PUBLIC UTILITIES EASEMENT q CENTERLINE D.E. DRAINAGE EASEMENT E/P EDGE OF PAVEMENT MH MANHOLE BOO BACK OF CURB EL ELEVATION HWY HIGHWAY INV. INVERT BLVD BOULEVARD T.O.P. TOP OF PIPE CONC CONCRETE UG UNDERGROUND ASPH ASPHALT U.D. M.E.S. UNDERDRAIN MITERED END SECTION EM ELECTRIC METER F.E.S. FLARED END SECTION CLF CHAIN LINK FENCE RCP REINFORCED CONCRETE PIPE BWF BARBED WIRE FENCE FRCP ELLIPTICAL REINFORCED CONCRETE PIPE WPF WOOD PLANK FENCE CMP CORRUGATED METAL PIPE A/C AIR CONDITIONER DIP DUCTILE IRON PIPE R.R. RAILROAD PVC POLYMNYLCHLORIDE PIPE TOB TOP OF BANK GTE GENERAL TELEPHONE AND ELECTRONICS TOS TOE OF SLOPE TELE. TELEPHONE NO. NUMBER OHW OVER EAD ELECTRIC. CABLE TELE SION F.F. FINISH FLOOR AND OR TELEPHONE SERVICE LINE(S) DIA. DIAMETER F.O.C. FIBER -OPTIC CABLE R RADIUS POL POINT ON LINE C CHORD O/S OFFSET D DELTA PC POINT OF CURVATURE L LENGTH i s t E I E2 ? a g dl Q h • q wI ® Fi <t C 0 I u • 1 A ___- 80.85' 80.00'; 10' SANITARY MANHOLE x+ w° o f RIM =4.80' x yA �.. xl tiy.1 a WV.(S) =2.08' FPK &TIN FPK &D LB 2610 ` k A. GRATE INLET TOP =4.62' INV.(E) =3.06' x i h � k� p x � . t x �. I I E2 a g dl Q h • q wI ® Fi <t V Q. �O CURB INLET ° Q TOP =4.44' RIM x� --x =4.42' 'P __-- --�-'' THROAT =3.67' INV.(S) =0.49' �q INV.(W) =1.20' �B TAY ZS o_ FPK &D \. LB 024 '�.� CONFLICT BOX �f GRATE =3.92' FPK &D INV.(N) =1.7T LB 3889 I INV.(E) =1.47 ff INV.(W) =1.47' T.O.P.= 3.16'(8 "DIP) x k. 0 FPK &D 1 —WATER- GRATE INLET GRATE INLET TOP =4.06' GRATE =4.42' INV.(E)= 1.74 INV.(S) =0.49' INV.(W) =1.20' x 0 FN &TIN a k r SL 8 GFAPHIC SCALE 20 0 10 20 ( IN FEET } I;:oh = 20 ft. N0TES. 1. TYPE 4.F SURVEY: TOPOGRAPHIC SURVEY 2. DATE OF SURVEY: AUGUST 12, 2004 3. SURVEY CREW: SCOTT WILLIAMS and MIKE GROSS 4. ELEVATIONS SHOWN HEREON ARE IN FEET AND REFER TO THE NATIONAL GEODETIC VERTICAL DATUM OF 1929. (N.G.V.D.) 5. REFERENCE BENCHMARK IS CITY OF CLEARWATER BENCHMARK NO. G -02, LOCATED AT THE NE CORNER OF THE INTERSEC11014 OF FIRST STREET & SOUTH GULF VIEW BOULEVARD AT THE INTERSECTION OF A POINT 6.4' Nr'f OF THE SW CORNER OF A CONC NALK AND 18.5' SW OF THE SW CORNER OF A PUNTER AT #101 GULF VIEW BOULEVARD. ELEVATION = 5.624' 6. NO UNDERGROUND INSTALLATIONS OR IMPROVEMEItTS HAVE BEEN LOCATED EXCEPT AS SHOWN. 7. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHT OF WAY AND /OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN. 8. THIS SURVEY DOES NOT REFLECT NOR DETERMINE OWNERSHIP. 9. ALL MEASUREMENTS, DISTANCES, ELEVATIONS AND FEATURES SHOWN WERE PERFORMED IN STRICT ACCORDANCE WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 611317-6, FLORIDA ADMINISTRATIVE CODE, 10. USE OF THIS SURVEY BY ANYONE OTHER THAN CHOSE PREPARED FOR WILL BE THE RE —USERS SOLE RISK WITHOUT LIABILITY TO THE SURVEYOR. 11. THERE MAY BE ITEMS DRAWN OUT OF SCALE TO GRAPHICALLY SHOW THEIR LOCATION. 12. ONLY TREES FOUR (4) INCHES AND LARGER DIAMETLR AT BREAST HEIGHT (DBH), WERE LOCATED AND SHOWN ON MAP OF SURVEY. 13. BASIS OF BEARINGS: GRID, FLORIDA STATE PLAI COORDINATES ZONE FLORIDA WEST 1 4 J I ro C3 -1 Q m O co O CJ rte O C14 I N i LWQW:7A L# fa .M Mi KEYNOTES KEYNOTES MA 'hT6 Wo Wik NOTES 65li I — [I � I i — s i iii #ill , XNZIPF, NOTES U 1ST FLOOR PLAN " PROPOSED m CLEARWATER B RESORT x SPA,! - 9 CLEARWATER, FL | | � | / | uLo« � . | U Q / SCALE: 1110 '-O" `^ A3021 ^ 6Fq 3RP FLOOR PLAN f GENERALNOTES KEYNOTES KEYNOTES NOTES 3RD FLOOR PLAN FAIr A303 � wn� co ` GENERALNOTES /\ / \ KEYNOTES ES 4TH FLOOR PLAN PROPOSED HYATT ME FL ri CONSULTANT .- / ' | / ' | ------|----- / 013 r ---------- lip ^ . � ------------|----- / Room 471171F 412 / FAH Oil |/ --------------�-------+-------------|----- 941-0 # | | / / 24�-0 � ` GENERALNOTES /\ / \ KEYNOTES ES 4TH FLOOR PLAN PROPOSED HYATT ME FL ri CONSULTANT 5TH FLOOR PLAN KEYNOTES KEYNOTES nowilt m XNW,- AV ►19'1 SCALE! 1/1( V = V-0" NOTES A305 i I Fq i 6TH FLOOR PLAN m 1 4 t � , i sm TTH FLOOR PROPOSED HYATT L m CLEARWATER t � , j s. # .x � •• a iii � � ► ` a 15 ` aj NOTES A306 { m 0 ii�l� m m 7TH FLOOR PLAN PROPOSED CLEARWATER BEACH RESORT AND SPA • t V -4° NOTES i i I I A307 SCALE 1116" = P -0° r { KEYNOTES o KEYNOTES xxe- movi CLEARWATER, FL CONSULTANT m I 129WENWHOWN-mul 1 SCALE{ 1116" = V-0" NOTES m I&I m NNW 1*1 "M 9TH- FLOOR PLAN PROPOSED HYATT fw*LEARWATER BEACH RESORT AND SPA KEYNOTES Eo m ���►��►If7lZ! "m65 & I A390 NOTES m KEYNOTES 11TH FLOOR PLAN Ali, Aft Ali Lol M F11110*:[It'd FLOOR X PROPOSED .. , fW BEACH c m m NOTES s iuu,i,rlvl -04 s ( -(- — 1, rlF. M A13THFLOOR PLAN SCAL.EJ 1110 = V -01 GENERALNOTES 0 KEYNOTES 0 KEYNOTES 13TH FLOOR PLAN PROPOSED CLEARWATER BEACH RESORT AND SPA .1 `OTE5 � I A313 SCALE{ 1/10 = P-O" m a] FIE mvmipl a] IN CONSULTANT 07.27.2004 'F1' PLAN SCALE= 3/16" = V -0" ENGLAGED ROOM 'F2' PLAN SCALE: 114" = V -0" NOTES GENERAL NOTES Q KEYNOTES O KEYNOTES CONSULTANT I A6021 LOVER SHEET 1 GENERAL NOTES 2 CONSTRUCTION LOCATION DEMOLITION PLAN 3 SITE PLAN PLAN 4 -SITE PLAIN MAPPJIRIO 0 !D GRADING PLAN CASE # (Z-70J-2- 5 -=SlDr-=NC`-=S AQ U A L LA R L7=3:S0R=l= & R r CASE TYPE UTILITY PLAN DRC DATE 6 GULFVIEW BLVD, COB DATE GENERAL DETAILS SKl-!N,4TUlR - U_ 7 'E -7-01 Ojil DAI'E CLEARWATER, 33767 GENERAL DETAILS 8 UTILITY DETAILS 9 PARCEL 1 07/29/15/52380/000/0570 "INVESTIGATE BEFORE YOU EXCAVATE" CALL SUNSHINE @ 1-800-432-4770 R- STATUTE 553.851 (1979) REQUIRES A MIN. OF 2 DAYS AND MAX. OF 5 DAYS NOTICE BEFORE YOU EXCAVATE. N E-4 N.T.S. somdod 4i E-4 N.T.S. 01 E 6 A R MR NJR OMPANY DEVELOPMENT, LLC 101 1. EAST KENNEDY BLVD., STE 2125 TAMPA, FLORIDA 33602 frol" CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE LATEST EDITIONS OF FLORIDA DEPARTMENT OF TRANSPORTATION ROADWAY AND TRAFFIC DESIGN STANDARDS, ROADWAY PLANS PREPARATION MANUAL, AND CITY OF CLEARWATER CONSTRUCTION STANDARDS. cn N w ld F- LL 0 cs S.W.F.W.M.D. / EROSION CONTROL NOTES 1. DURING CONSTRUCTION SEDIMENT IS TO REMAIN ON SITE. THE CONTRACTOR IS RESPONSIBLE FOR THE INSTALLATION OF EROSION AND SEDIMENT CONTROL DEVICES PRIOR TO INITIATING AND DURING ALL PHASES OF LAND CLEARING AND CONSTRUCTION TO PREVENT SOIL EROSION AND SILTATION. 2. THE RETENTION AREAS SHALL BE ROUGH GRADED PRIOR TO CONSTRUCTION, WITH ALL STORM WATER DIRECTED TO IT. AFTER COMPLETION OF ALL WORK, REMOVE DEBRIS AND SILTATION FROM THE BOTTOM OF THE RETENTION BASIN, AND FINE GRADE THE FINAL SIX (6) INCHES. 3. THE RETENTION AREAS AND OUTFALL CONTROL STRUCTURES SHALL BE CONSTRUCTED - EARLY IN THE CONSTRUCTION PERIOD TO MITIGATE ANY ADVERSE WATER QUANTITY IN PARTS OFF SITE. 4. AFTER COMPLETION OF THE PROJECT, THE OWNER WILL BE RESPONSIBLE FOR THE OPERATION AND MAINTENANCE OF THE STORMWATER FACILITIES. ACTIONS INCLUDED SHALL BE PERIODIC INSPECTIONS AND REMOVAL OF DEBRIS, TRASH, ETC. THAT MAY BLOCK THE OPENINGS IN THE CONTROL STRUCTURES. 5. ALL DISTURBED CONDITIONS SHALL BE RESTORED TO NATURAL CONDITIONS OR BETTER. NOTE: REQUIRED EROSION CONTROL MEASURES MUST REMAIN INTACT THROUGHOUT CONSTRUCTION. FAILURE TO INSTALL OR PROPERLY MAINTAIN THESE BARRICADES WILL RESULT IN ENFORCEMENT ACTION WHICH MAY INCLUDE CITATIONS, AS PROVIDED BY CHAPTERS 4OD -4 & 4OD -40 F.A.C. CAN RESULT IN A PENALTY NOT TO EXCEED $10,000 PER OFFENSE WITH EACH DATE DURING WHICH SUCH VIOLATION OCCURS CONSTITUTING A OFFENSE. MAINTENANCE AND OPERATIONS INSPECTIONS FOR STORM WATER DISCHARGE FACILITY 1. UNDER NO CIRCUMSTANCES SHALL THE RETENTION AREA BE FILLED WITH ANY OTHER SUBSTANCE THAN STORMWATER. 2. SWALE AREAS SHALL BE KEPT CLEAN AND FREE OF ANY OBSTRUCTIONS. 3. IF DAMAGE TO THE SYSTEM DOES OCCUR, THE SYSTEM SHALL BE RECONSTRUCTED IN ACCORDANCE WITH THE APPROVED PLAN. OPERATION &MAINTENANCE OF THE. STORMWA_TER SYSTEM THE OWNER SHALL PERIODICALLY MONITOR THE STORMWATER SYSTEM (PIPE CONVEYANCE SYSTEM AND RETENTION POND) FOR SILT AND SEDIMENTATION BUILD UP. THE PIPE CONVEYANCE SYSTEM SHALL BE FLUSHED, AS DEEMED NECESSARY NO LESS THAN TWICE A YEAR. ALL MATERIAL SHALL BE COLLECTED DOWNSTREAM AND REMOVED. THE RETENTION POND SHALL BE KEPT MOWED AND THE BOTTOM FREE OF DEBRIS. IF WATER STANDS IN THE POND MORE THAN 48 HOURS THE OWNER SHALL RAKE AND /OR SCARIFY THE POND BOTTOM, AS DEEMED NECESSARY AND NO LESS THAN TWICE A YEAR TO RESTORE THE PERCOLATION CHARACTERISTICS OF THE POND. THE OWNER WILL BE RESPONSIBLE TO MAKE SURE THAT TO THE BEST OF HIS ABILITY NOTHING ENTERS THE SYSTEM BESIDES STORMWATER THAT COULD DETERIORATE THE FUNC110NING CAPABILITIES OF THE SYSTEM, I.E. GASOLINE, OIL, GREASE, CHEMICALS, ETC. THE POND UNDERDRAIN SYSTEM SHALL BE INSPECTED ANNUALLY AND RETROFITTED AND FLUSHED SEMI - ANNUALLY. CLOGGED OR SPENT FILTER MATERIAL SHALL BE DISPOSED OF IN ALL MANNERS AS WITH .. THE HANDLING OF HAZARDOUS WASTE. THE SPENT FILTER MATERIAL SHALL BE DISPOSED OF IN A PERMITTED FACILITY EROSION AND SILTATION CONTROL NOTES 1. SEDIMENT TRAPPING MEASURES: SEDIMENT BASINS AND TRAPS, PERIMETER BERMS, FILTER FENCES, BERMS, SEDIMENT BARRIERS, VEGETATIVE BUFFERS AND OTHER MEASURES INTENDED TO TRAP SEDIMENT AND /OR PREVENT THE TRANSPORT OF SEDIMENT ONTO ADJACENT PROPERTIES, OR INTO EXISTING WATER BODIES, MUST BE INSTALLED, CONSTRUCTED OR, IN THE CASE OF VEGETATIVE BUFFERS, PROTECTED FROM DISTURBANCE, AS A FIRST STEP IN THE LAND ALTERATION PROCESS. SUCH SYSTEMS SHALL BE FULLY OPERATIVE AND INSPECTED BY THE ENGINEER BEFORE THER DISTURBANCE OF THE SITE BEGINS. ANY O 2. PROTECTION OF EXISTING STORM SEWER SYSTEMS: DURING CONSTRUCTION, ALL STORM SEWER INLETS IN THE VICINITY OF THE PROJECT SHALL BE PROTECTED BY SEDIMENT TRAPS SUCH AS SECURED HAY BALES, SOD, STONE, ETC., WHICH SHALL BE MAINTAINED AND MODIFIED AS REQUIRED BY CONSTRUCTION PROGRESS, AND WHICH MUST BE APPROVED BY THE ENGINEER BEFORE INSTALLATION. 3. SEDIMENTATION BASIN: THE CONTRACTOR WILL BE REQUIRED TO PROHIBIT DISCHARGE OF SILT THROUGH THE OUTFALL STRUCTURE DURING CONSTRUCTION OF ANY RETENTION AREA AND WILL BE REQUIRED TO CLEAN OUT THE RETENTION AREA BEFORE INSTALLING ANY PERMANENT SUBDRAIN PIPE. IN ADDITION, PERMANENT RETENTION AREAS MUST BE TOTALLY CLEANED OUT AND OPERATE PROPERLY AT FINAL INSPECTION AND AT THE END QF THE WARRANTY PERIOD. 4. SWALES, DITCHES AND CHANNELS: ALL SWALES, DITCHES AND CHANNELS LEADING FROM THE SITE SHALL BE SODDED WITHIN (3) DAYS OF EXCAVATION. ALL OTHER INTERIOR SWALES, ETC., INCLUDING DETENTION AREAS WILL BE SODDED PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY. 5. PROTECTION AND STABILIZATION OF SOIL STOCKPILES: FILL MATERIAL STOCKPILES SHALL BE PROTECTED AT ALL TIMES BY ON -SITE DRAINAGE CONTROLS WHICH PREVENT EROSION OF THE STOCKPILED MATERIAL. CONTROL OF DUST FROM SUCH STOCKPILED MATERIAL, MAY BE REQUIRED, DEPENDING UPON THEIR LOCATION AND THE EXPECTED LENGTH OF TIME THE STOCKPILES WILL BE PRESENT. IN NO CASE SHALL UNSTABILIZED STOCKPILE REMAIN AFTER THIRTY (30) CALENDAR DAYS. 6. MAINTENANCE: ALL EROSION AND SILTATION CONTROL DEVICES SHALL BE CHECKED REGULARLY, ESPECIALLY AFTER EACH RAINFALL AND WILL BE CLEANED OUT AND /OR REPAIRED AS REQUIRED. FILTER MEDIUM SPECIFICATIONS THE FILTER SAND SHALL BE WASHED MATERIAL MEETING F.D.O.T. ROAD AND BRIDGE SPECIFICATIONS FOR SILICA SAND AND QUARTZ GRAVELS, OR MIXTURES THEREOF (LESS THAN ONE (1) PERCENT SILT, CLAY AND ORGANIC MATTER), UNLESS FILTER CLOTH IS USED WHICH IS SUITABLE TO RETAIN THE SILT, CLAY AND ORGANIC MATTER WITHIN THE FILTER; CALCIUM CARBONATE AGGREGATE IS NOT AN ACCEPTABLE SUBSTITUTE; AND HAVE AN EFFECTIVE GRAIN SIZE OF 0.20 TO 0.55 MILLIMETERS IN DIAMETER; A UNIFORMITY COEFFICIENT OF 1.5 OR GREATER. RATE OF 0.125 CM /SEC. QR GREATER. IF THE PERMEABILITY RATE OF THE FILTER SAND IS LESS THAN 0.125 CM /SEC. A REPLACEMENT OF THE FILTER SYSTEM WILL BE REQUIRED AT THE CONTRACTOR'S EXPENSE. THE CONTRACTOR SHALL HAVE THE SAND TESTED AND APPROVED BY THE ENGINEER PRIOR TO INSTALLATION. IT IS RECOMMENDED THAT THE CONTRACTOR HAVE THE FILTER SAND TESTED AND APPROVED. E 2. THE PERFORATED PIPE SHALL CONSIST OF POLYVINYL CHLORIDE (PVC) CONFORMING TO LN ASTM D 3033, HAVE MINIMUM OF SIXTEEN (16) 3/8 INCH DIAMETER PERFORATIONS 4D PER LINEAR FOOT OF PIPE AND BE ON THE BOTTOM 135' OF THE PIPE. E 0 3. THE CONTRACTOR SHALL PROVIDE DEWATERING MEASURES AS REQUIRED DURING Cl N THE INSTALLATION OF THE UNDERDRAIN AND ALL OF ITS COMPONENTS. 4. THE CONTRACTOR SHALL NOT BACKFILL THE DRAIN PIPE UNTIL THE ENGINEER HAS 9 VERIFIED AND APPROVED THE DRAIN PIPE GRADES AND INSTALLATION OF FILTER MEDIA. c 5. SWFWMD REQUIRES AS -BUILT CERTIFICATION BY THE ENGINEER FOR THIS FILTER SYSTEM. TEST REPORTS FROM AN APPROVED LABORATORY ON GRADUATION AND PERMEABILITY SHALL BE INCLUDED IN THE AS -BUILT SUBMITTAL. 3 CLEARING AND GRUBBING NOTES I 1 1. PRIOR TO ANY SITE CLEARING, ALL TREES SHOWN TO REMAIN ON THE CONSTRUCTION PLANS SHALL BE PRQTEGTED IN ACCORDANCE WITH THE LOCAL REGULATORY AGENCY'S n TREE ORDINANCE AND DETAILS CONTAINED IN THESE PLANS. IT SHALL BE THE o CONTRACTOR'S RESPONSIBILITY TO MAINTAIN THESE TREES IN GOOD CONDITION. NO N TREES SHOWN TO REMAIN SHALL BE REMOVED WITHOUT WRITTEN APPROVAL FROM THE co OWNER. 0 -5 B 0 v i i a - E 0 z a Cm �n 2. THE CONTRACTOR IS TO PREPARE THE SITE PRIOR TO BEGINNING ACTUAL CONSTRUCTION IN ACCORDANCE, WITH THE SOILS TESTING REPORT. COPIES OF THE SOILS REPORT ARE AVAILABLE THROUGH THE OWNER OR THE SOILS TESTING COMPANY. QUESTIONS REGARDING SITE PREPARATION REQUIREMENTS DESCRIBED IN THE SOILS REPORT ARE TO BE DIRECTED TO THE SOILS TESTING COMPANY. 3. THE CONTRACTOR SHALL CLEAR AND GRUB, ONLY THOSE PORTIONS OF THE SITE, NECESSARY FOR CONSTRUCTION. DISTURBED, AREAS WILL BE SEEDED, MULCHED, OR PLANTED WITH OTHER APPROVED LANDSCAPE MATERIAL IMMEDIATELY FOLLOWING CONSTRUCTION. 4. THE TOP 4" TO 6' OF GROUND REMOVED DURING CLEARING AND GRUBBING SHALL BE STOCKPILED AT A SITE DESIGNATED BY THE OWNER TO BE USED FOR LANDSCAPING PURPOSES, UNLESS OTHERWISE DIRECTED BY THE OWNER. CLEARING AND GRUBBING NOTES (CON'T) 5. ALL CONSTRUCTION DEBRIS AND OTHER WASTE MATERIAL SHALL BE DISPOSED OF OFF -SITE IN ACCORDANCE WITH APPLICABLE REGULATIONS. ONLY "GRADING BY HAND" IS PERMITTED WITHIN THE CANOPY LINE OF TREES THAT ARE TO REMAIN. 6. THE CONTRACTOR IS TO OBTAIN ALL NECESSARY PERMITS FOR REMOVING ANY EXISTING STRUCTURES. 7. IT IS THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY ALL UTILITY COMPANIES TO DISCONNECT OR REMOVE THEIR FACILITIES PRIOR TO REMOVING OR DEMOLISHING. 8. THE CONTRACTOR WILL BE RESPONSIBLE FOR MAKING A VISUAL INSPECTION OF THE SITE AND WILL BE RESPONSIBLE FOR THE DEMOLITION AND REMOVAL OF ALL UNDERGROUND AND ABOVE GROUND STRUCTURES THAT WILL NOT BE INCORPORATED WITH THE NEW FACILITIES. SHOULD ANY DISCREPANCIES EXIST WITH THE PLANS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING THE OWNER AND REQUESTING A CLARIFICATION OF THE PLANS PRIOR TO DEMOLITION. 9. DURING CONSTRUCTION, ALL STORM SEWER INLETS IN THE VICINITY OF THE PROJECT SHALL BE PROTECTED BY SEDIMENT TRAPS SUCH AS SECURED HAY BALES, SOD, STONE, ETC. WHICH SHALL BE MAINTAINED AND MODIFIED AS REQUIRED BY CONSTRUCTION PROGRESS. 10. ALL EROSION AND SILTATION CONTROL METHODS SHALL BE IMPLEMENTED PRIOR TO THE START OF CONSTRUCTION AND MAINTAINED UNTIL CONSTRUCTION IS COMPLETE. 11. WHEN CONSTRUCTION IS COMPLETED, THE RETENTION /DETENTION AREAS WILL BE RESHAPED, CLEANED OF SILT, MUD AND DEBRIS. 12. CONTRACTOR IS TO PROVIDE EROSION CONTROL /SEDIMENTATION BARRIER (HAY BALES OR SILTATION CURTAIN) TO PREVENT SILTATION OF ADJACENT PROPERTY, STREETS, STORM SEWERS, WATERWAYS, AND EXISTING WETLANDS. WATER SYSTEM NOTES 1. PER ARTICLE 41.03(8)(1) CITY OF CLEARWATER CONTRACT SPECIFICATIONS AND STANDARDS, THE DEPTH OF COVER OVER THE WATERMAIN SHALL BE A MINIMUM OF 30" AND A MAXIMUM OF 42" BELOW FINISHED GRADE. 2. ALL WATER SYSTEM WORK SHALL CONFORM WITH LOCAL REGULATORY STANDARDS AND SPECIFICATIONS. 3. ALL DUCTILE IRON PIPE SHALL BE CLASS 50 WITH A RATING WATER WORKING PRESSURE OF 350 PSI IN ACCORDANCE WITH ANSI A 21.50 (AWWA C 150) AND ANSI A 21.31 (AWWA C 151) AND PIPE SHALL RECEIVE EXTERIOR BITUMINOUS COATING IN ACCORDANCE WITH ANSI A 21.6, A 21.8 OR A 21.51 AND SHALL BE MORTAR LINED, STANDARD THICKNESS, AND BITUMINOUS SEALED IN ACCORDANCE WITH ANSI A21.1 (AWWA C 104 -71). 4. ALL FITTINGS LARGER THAN 2" SHALL BE DUCTILE IRON CLASS 53 IN ACCORDANCE WITH AWWA C -110 WITH A PRESSURE RATING OF 350 PSI. JOINTS SHALL BE MECHANICAL JOINTS IN ACCORDANCE WITH AWWA C -111. FITTINGS SHALL BE CEMENT MORTAR LINED AND COATED IN ACCORDANCE WITH AWWA C -104. 5. ALL PVC WATER MAINS 4" THROUGH 12" SHALL BE IN ACCORDANCE WITH AWWA C -900. PIPE SHALL BE CLASS 150 AND MEET THE REQUIREMENTS OF SDR 18 IN ACCORDANCE WITH ASTM D -2241. n PIPING F THAN 4 H PER ASTM D2241 -89. 6. WATER MAIN 0 LESS SHALL BE 7. ALL FITTINGS 2" AND SMALLER SHALL BE SCHEDULE 40 PVC WITH SOLVENT WELDED SLEEVE TYPE JOINTS. 8. ALL GATE VALVES 2" OR LARGER SHALL BE RESILIENT SEAT OR RESILIENT WEDGE MEETING THE REQUIREMENTS OF AWWA C509. 9. ALL FIRE HYDRANTS SHALL MEET THE CITY OF CLEARWATER STANDARDS AND SPECIFICATIONS. 10. THE CONTRACTOR IS TO INSTALL TEMPORARY BLOW -OFFS AT THE END OF WATER SERVICE LATERALS TO ASSURE ADEQUATE FLUSHING AND DISINFECTION. 11. PER ARTICLE 20, CITY OF CLEARWATER CONTRACT SPECIFICATIONS AND STANDARDS, D.I.P. WATER MAINS TO BE INTERIOR POLYLINED IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS. 12. MATERIALS AND CONSTRUCTION METHODS FOR WATER DISTRIBUTION SYSTEM SHALL BE IN ACCORDANCE WITH THE LOCAL REGULATORY AGENCY CODES. 13. THE IRRIGATION SYSTEM SHALL HAVE PURPLE COLOR PIPING AND LABELING ON THE PIPE TO INSURE DIFFERENTIATION FROM POTABLE WATER PIPING. WATER SYSTEM TESTING AND INSPECTION REQUIREMENTS 6. ALL PVC FORCE MAINS SHALL BE CLASS 2000, SDR 21, COLOR GREEN, WITH A GREEN MAGNETIC TAPE A MINIMUM OF 2" WIDE, PLACED 1 FOOT BELOW THE PROPOSED GRADE. THE PRINTING ON THE MAGNETIC TAPE SHOULD READ "FORCEMAIN ". 7. ALL DUCTILE IRON PIPE SHALL BE CLASS 52 IN ACCORDANCE WITH ANSI A 21.50 (AWWA C 150) AND ANSI A21.51 (AWWA C 151). DUCTILE IRON PIPE SHALL RECEIVE INTERIOR AND EXTERIOR BITUMINOUS COATING IN ACCORDANCE WITH ANSI A21.6,A21.8, ORA21.51. 8. ALL SANITARY SEWER GRAVITY MAINS OR SANITARY SEWER FORCEMAINS THAT REQUIRE D.I.P. ARE TO BE POLYUNED OR EPDXY LINED, 9. ALL SANITARY SEWER COVERS SHALL BE TRAFFIC RATED FOR HS -20 LOADING. SANITARY SEWER TESTING AND INSPECTION REQUIREMENTS 1. ALL GRAVITY SEWER PIPING SHALL BE SUBJECT TO A TELEVISION INSPECTION BY THE OWNER'S CONTRACTOR. CONTRACTOR TO NOTIFY THE ENGINEER 48 HOURS IN ADVANCE TO SCHEDULE INSPECTION. 2. THE CONTRACTOR SHALL PERFORM AN EXFILTRATION TEST ON ALL GRAVITY SEWERS INSTALLED IN ACCORDANCE WITH THE REGULATION AGENCY HAVING JURISDICTION, MAXIMUM ALLOWABLE LEAKAGE RATE: 100 GPD PER INCH PIPE DIAMETER PER MILE. TEST RESULTS ARE TO BE SUBMITTED TO THE REGULATORY AGENCY FOR APPROVAL. COORDINATION AND NOTIFICATION OF ALL PARTIES IS THE CONTRACTOR'S RESPONSIBILITY. 3. ALL FORCE MAINS SHALL BE SUBJECT TO A HYDROSTATIC PRESSURE TEST IN ACCORDANCE WITH THE REGULATORY AGENCY HAVING JURISDICTION. SAID TESTS ARE TO BE CREATED BY THE ENGINEER OF RECORD AND SUBMITTED TO THE REGULATORY AGENCY FOR APPROVAL. COORDINATION AND NOTIFICATION OF ALL PARTIES IS THE CONTRACTOR'S RESPONSIBILITY. WATER /SEWER CLEARANCE REQUIREMENTS VERTICAL CLEARANCE AT CROSSINGS GRAVITY SEWERS OR FORCE MAINS CROSSING UNDER WATER MAINS SHALL BE LAID TO PROVIDE A MINIMUM VERTICAL DISTANCE OF 18 INCHES BETWEEN THE INVERT OF THE UPPER PIPE AND THE CROWN OF THE LOWER PIPE. THE CROSSING SHALL BE ARRANGED SO THAT THE SEWER JOINTS AND WATER JOINTS WILL BE EQUAL DISTANT FROM THE POINT OF CROSSING WITH NO LESS THAN 10 FEET BETWEEN ANY TWO JOINTS. WHERE THE MINIMUM 18 INCH SEPARATION CANNOT BE MAINTAINED, ONE OF THE FOLLOWING METHODS OF PROTECTION SHALL BE UTILIZED: WATER /SEWER CLEARANCE REQUIREMENTS (CON'T) A. THE SEWER SHALL BE ENCASED IN CONCRETE FOR 20 FEET CENTERED ON THE CROSSING (10 FT. LINEAR SEPARATION BETWEEN JOINTS); B. THE SEWER SHALL BE INSTALLED WITH D.I.P. FOR 20 FEET CENTERED ON THE CROSSING (10 FT. LINEAR SEPARATION BETWEEN JOINTS); G THE SEWER SHALL BE DESIGNED AND CONSTRUCTED EQUAL TO WATER PIPE, AND BE PRESSURE TESTED AT 150 PSI TO ASSURE WATER TIGHTNESS PRIOR TO BACKFILUNG; OR D. EITHER THE WATER MAIN OR THE SEWER UNE MAY BE ENCASED IN A WATERTIGHT CARRIER PIPE WHICH EXTENDS 10 FEEL" ON BOTH SIDES OF THE CROSSING, MEASURED PERPENDICULAR TO THE WATER MAIN. THE CARRIER PIPE SHALL BE OF MATERIALS APPROVED BY THE DEPARTMENT FOR USE IN WATER MAIN CONSTRUCTION. ONE OF THESE METHODS SHALL ALSO BE UTILIZED WHEN THERE IS NO ALTERNATIVE TO SEWERS CROSSING OVER WATER MAINS. IN SUCH INSTANCES, ADEQUATE STRUCTURAL SUPPORT SHALL BE PROVIDED FOR THE SEWER TO MAINTAIN LINE AND GRADE. HORIZONTAL SEPARATION BETWEEN PARALLEL LINES GRAVITY SEWERS OR FORCE MAINS SHALL BE INSTALLED AT LEAST 10 FEET HORIZONTALLY FROM ANY EXISTING OR PROPOSED WATER MAIN. THE DISTANCE SHALL BE MEASURED EDGE TO EDGE. IN CASES WHERE IT IS NOT PRACTICAL TO MAINTAIN A 10 FT. SEPARATION, THE WATER MAIN SHALL BE INSTALLED IN A SEPARATE TRENCH OR ON AN UNDISTURBED EARTH SHELF LOCATED ON ONE SIDE OF THE SEWER AND AT AN ELEVATION SO THAT THE BOTTOM OF THE WATER MAIN IS AT LEAST 18 INCHES ABOVE THE TOP OF THE SEWER, AND THE WATER AND SEWER JOINTS SHALL BE STAGGERED. IF IT IS IMPOSSIBLE TO OBTAIN PROPER HORIZONTAL AND VERTICAL SEPARATION AS DESCRIBED, BOTH THE WATER MAIN AND SEWER MUST BE CONSTRUCTED OF SLIP -ON OR MECHANICAL JOINT PIPE COMPLYING WITH PUBLIC WATER SUPPLY DESIGN STANDARDS OF THE DEPARTMENT AND BE PRESSURE TESTED TO 150 PSI TO ASSURE WATERTIGHTNESS BEFORE BACKFILLI NG. SANITARY SEWER /RECLAIMED WATER & POTABLE WATER /RECLAIMED WATER SEPARATIONS WHEN THE RECLAIMED WATER LINE IS TRANSPORTING WATER FOR PUBLIC ACCESS IRRIGATION: MAXIMUM OBTAINABLE SEPARATION OF RECLAIMED WATER LINES AND DOMESTIC WATER LINES SHALL BE PRACTICED. A MINIMUM HORIZONTAL SEPARATION OF 5 FEET (CENTER TO CENTER) OR 3 FEET (OUTSIDE TO OUTSIDE) SHALL BE MAINTAINED BETWEEN RECLAIMED WATER LINES AND EITHER POTABLE WATER MAINS OR SANITARY SEWER LINES. AN 18 -INCH VERTICAL SEPARATION SHALL BE MAINTAINED AT CROSSINGS. WHEN RECLAIMED WATER LINE IS TRANSPORTING WATER FOR NON - PUBLIC ACCESS IRRIGATION: THE RECLAIMED WATER MAIN SHALL BE TREATED LIKE A SANITARY SEWER, AND A 10 FT. HORIZONTAL AND 18 INCH VERTICAL SEPARATION SHALL BE MAINTAINED BETWEEN THE RECLAIMED WATER MAIN AND ALL EXISTING OR PROPOSED POTABLE WATER MAINS NO 1. ALL COMPONENTS OF THE WATER SYSTEM, INCLUDING FITTINGS, HYDRANTS, CONNECTION, AND VALVES SHALL REMAIN UNCOVERED UNTIL PROPERLY PRESSURE TESTED AND ACCEPTED BY THE OWNER'S ENGINEER. PRESSURE TESTS TO BE IN ACCORDANCE WITH WATER DEPARTMENT SPECIFICATIONS. CONTRACTOR TO NOTIFY OWNER'S ENGINEER AND WATER DEPARTMENT INSPECTORS 48 HOURS IN ADVANCE OF PERFORMING TESTS. 2. NEW WATER MAINS AFTER COMPLETION OF INSTALLATION OF NEW WATER MAINS, PRESSURE TESTING SHALL BE PERFORMED IN ACCORDANCE WITH THE LOCAL JURISDICTION WATER SYSTEM STANDARDS AND SPECIFICATIONS. CONTRACTOR TO PERFORM CHLORINATION. SAMPLING OF NEW WATER MAINS SHALL CONFORM WITH COUNTY PUBLIC HEALTH UNIT REQUIREMENTS AND RESULTS FORWARDED TO THE ENGINEER. UNDER NO CIRCUMSTANCES SHALL A NEW WATER SYSTEM BE PLACED INTO SERVICE UNTIL CERTIFICATION BY THE ENGINEER HAS BEEN COMPLETED AND A RELEASE FROM COUNTY PUBLIC HEALTH UNIT HAS BEEN ISSUED. SANITARY SEWER NOTES 1. ALL SANITARY SEWER MAINS & LATERAL SHALL HAVE A MINIMUM OF 36 INCHES OF COVER. 2. ALL SANITARY SEWER MAINS & SERVICE LATERALS SHALL BE CONSTRUCTED OF POLYVINYL CHLORIDE PIPE, SDR 35 OR AS OTHERWISE INDICATED ON THE CONSTRUCTION DRAWINGS. 3. ALL SANITARY SEWER WORK SHALL CONFORM WITH LOCAL REGULATORY STANDARDS AND SPECIFICATIONS. 4. PRIOR TO COMMENCING WORK WHICH REQUIRES CONNECTING NEW WORK TO EXISTING LINES OR APPURTENANCES, THE CONTRACTOR SHALL VERIFY LOCATION AND ELEVATION OF EXISTING CONNECTION POINT AND NOTIFY OWNER'S ENGINEER OF ANY CONFLICTS OR DISCREPANCIES. 5. PVC PIPE AND FITTINGS SHALL CONFORM TO ASTM SPECIFICATIONS DESIGNATION D- 3034 -77C, MA SDR 35, INSTALLATION OF SDR 35 PIPE SHALL BE IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF ASTM SPECIFICATION SECTION D2321. ALL SANITARY SEWER PIPELINES SHALL BE SOLID GREEN IN COLOR. MINIMUM SEPARATION IS REQUIRED BETWEEN THE RECLAIMED WATER MAIN AND SANITARY SEWERS, OTHER THAN THAT NECESSARY TO ENSURE STRUCTURAL INTEGRITY AND PROTECTION OF THE LINES THEMSELVES. NOTE: WHEN IT IS IMPOSSIBLE TO OBTAIN PROPER HORIZONTAL AND VERTICAL SEPARATIONS AS STIPULATED ABOVE, DEP MAY ALLOW DEVIATION ON A CASE -BY -CASE BASIS IF SUPPORTED BY DATA FROM THE DESIGN ENGINEER. APPROVAL FOR THE DEVIATION MUST BE OBTAINED PRIOR TO CONSTRUCTION. GRADING AND DRAINAGE NOTES 1. ALL DELETERIOUS SUBSTANCE MATERIAL, (I.E. MUCK, PEAT, BURIED DEBRIS), IS TO BE EXCAVATED IN ACCORDANCE WITH THESE PLANS, OR AS DIRECTED BY THE OWNER'S ENGINEER, OR OWNER'S SOIL TESTING COMPANY. DELETERIOUS MATERIAL IS TO BE STOCKPILED OR REMOVED FROM THE SITE AS DIRECTED BY THE OWNER. EXCAVATED AREAS ARE TO BE BACKFILLED WITH APPROVED MATERIALS AND COMPACTED AS SHOWN ON THESE PLANS. 2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING EXCAVATING AGAINST COLLAPSE AND WILL PROVIDE BRACING, SHEETING, OR SHORING, AS NECESSARY. TRENCHES SHALL BE KEPT DRY WHILE PIPE AND APPURTENANCES ARE BEING PLACED. DEWATERING SHALL BE USED AS REQUIRED. 3. ALL STORM SEWER PIPE SHALL BE REINFORCED CONCRETE CLASS III (ASTM C -76) UNLESS OTHERWISE NOTED ON PLANS. 4. PVC STORM PIPE, 12" AND SMALLER SHALL CONFORM TO AWWA C -900, CLASS 150 STANDARDS, UNLESS OTHERWISE NOTED. 5. ALL DRAINAGE STRUCTURE GRATES AND COVERS WITHIN TRAFFIC AREAS SHALL BE TRAFFIC RATED FOR HS -20 LOADINGS. 6. MATERIALS AND CONSTRUCTION METHODS FOR STREETS AND STORM DRAINAGE CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE LOCAL REGULATORY AGENCY. 7. ALL STORM STRUCTURES SHALL BE GROUTED TO THE INVERT ELEVATION(S) OF THE STORM PIPES(S). STORM PIPE SHALL BE SAW -CUT EVEN WITH THE STRUCTURE WALL(S). GROUT AROUND PIPES FOR WATER TIGHT AND SMOOTH FINISH. PAVING, GRADING & DRAINAGE TESTING AND INSPECTION REQUIREMENTS 1. THE STORM DRAINAGE PIPING AND FILTRATION SYSTEM SHALL BE SUBJECT TO A VISUAL INSPECTION BY THE OWNER'S SOILS ENGINEER PRIOR TO THE PLACEMENT OF BACKFILL 2. THE CONTRACTOR SHALL MAINTAIN THE STORM DRAINAGE SYSTEMS UNTIL FINAL ACCEPTANCE OF THE PROJECT. 3. THE CONTRACTOR IS RESPONSIBLE FOR COORDINATING THE APPLICABLE TESTING WITH THE SOILS ENGINEER. TESTS WILL BE REQUIRED PURSUANT WITH THE TESTING SCHEDULE FOUND IN THE ENGINEERING CONSTRUCTION DRAWINGS. UPON COMPLETION OF THE WORK, THE SOILS ENGINEER MUST SUBMIT CERTIFICATIONS TO THE OWNER'S ENGINEER STATING THAT ALL REQUIREMENTS HAVE BEEN MET. PAVING NOTES 1. PRIOR TO CONSTRUCTING CONCRETE PAVEMENT, THE CONTRACTOR IS TO SUBMIT A PROPOSED JOINTING PATTERN TO THE OWNER'S ENGINEER FOR APPROVAL. 2. THE CONTRACTOR IS TO PROVIDE A 1/2" BITUMINOUS EXPANSION JOINT MATERIAL WITH SEALER, AT ABUTMENT OF CONCRETE AND ANY STRUCTURE. 3. ALL PAVEMENT MARKINGS SHALL BE MADE WITH TRAFFIC PAINT IN ACCORDANCE TO FDOT STANDARD SPECIFICATIONS 971 -12. PARKING STALL STRIPING TO BE 4" WIDE PAINTED WHITE STRIPES. 4. THE CONTRACTOR IS TO INSTALL EXTRA BASE MATERIAL WHEN THE DISTANCE BETWEEN THE PAVEMENT ELEVATION AND THE TOP OF THE PIPE OR BELL IS LESS THAN TWELVE (12) INCHES. 5. STANDARD INDEXES REFER TO THE LATEST EDITION OF FDOT "ROADWAY AND TRAFFIC DESIGN STANDARDS." CONTRACTOR'S RESPONSIBILITY NOTE IT IS THE CONTRACTOR'S RESPONSIBILITY TO PERFORM A SURVEY (ACCOMPANIED BY THE ARCHITECT AND OWNER) OF THE ENTIRE PROJECT AREA INCLUDING BUILDING(S) AND SITE IMMEDIATELY UPON OCCUPYING THE WORK AREA AND BY PHOTOGRAPHIC AND WRITTEN CORRESPONDENCE DETAILING ANY AREAS THAT ARE NOT IN A FIRST CLASS CONDITION (SURFACES THAT ARE UNBROKEN, NON- CRACKED, NON- RUSTING, WITHOUT CHIPS, WITHOUT SPLINTERS, OF TEXTURE MATCHING ITS SURROUNDING, WITH NEW APPEARING FINISHES, AND OPERATING AS ORIGINALLY DESIGNED OR INTENDED TO OPERATE) WHICH WILL REMAIN IN THEIR PRESENT CONDITION AT THE CONCLUSION OF THE PROJECT. THE CONTRACTOR WILL BE RESPONSIBLE FOR PROVIDING THE OWNER A COMPLETE PROJECT IN FIRST CLASS CONDITION MEETING INDUSTRY WIDE STANDARDS IN QUALITY AND PERFORMANCE THROUGHOUT THE ENTIRE PROJECT AREA BUILDING(S) AND SITE (REGARDLESS OF WHETHER AN AREA IS SPECIFICALLY IDENTIFIED WITHIN THE DRAWINGS AND SPECIFICATIONS OR NOT) UNLESS A PARTICULAR AREA HAS BEEN DESCRIBED IN THE AFOREMENTIONED PHOTOGRAPHS AND WRITTEN DETAILS. CONTRACTOR HAS THE RESPONSIBILITY TO PROTECT THE EXISTING BUILDING(S), UTILITIES AND SITE THROUGHOUT THE PROJECT TIME FRAME. SHOULD, DURING THE COURSE OF THE WORK, ANY AREA OF THE BUILDING(S) AND /OR UTILITIES AND /OR THE BUILDING(S) AND /OR UTILITIES AND /OR THE SITE BECOME DAMAGED AND THAT AREA WAS NOT SPECIFICALLY CALLED OUT TO BE A PART OF THE CONSTRUCTION, THE CONTRACTOR SHALL REPAIR AND /OR REPLACE THE DAMAGED AREA TO THE SATISFACTION OF THE ARCHITECT AND OWNER AT NO ADDITIONAL COST TO THE OWNER. AS A PART OF THESE DOCUMENTS, A SITE SURVEY AND /OR SITE DATA, WHEN PROVIDED, AND ANY ADDITIONAL INFORMATION THAT MAY BE PROVIDED IS FOR INFORMATIONAL PURPOSES ONLY, THE OWNER AND HIS AGENT ASSUME NO RESPONSIBILITY FOR THEIR PREPARATION, COMPLETENESS NOR ACCURATENESS AND THE CONTRACTOR IS FULLY RESPONSIBLE WHEN USING SAID SOURCES. THE CONTRACTOR SHOULD USE SUCH INFORMATION ONLY AS A GUIDE TO THE SUSPECTED LOCATION OF UNDERGROUND SERVICES, INCLUDING BUT NOT LIMITED TO: WATER SUPPLY SANITARY SEWER STORM SEWER NATURAL AND LP GAS LINES ELECTRICAL POWER RECLAIMED WATER SUPPLY IRRIGATION LINES T.V. CABLES FIBER OPTIC CABLES TELEPHONE CABLES FIRE ALARM SYSTEM CABLES SECURITY WIRING CONTROL WIRING SITE UNDERGROUND MECHANICAL SYSTEMS INCLUDING INSULATION IT WILL BE THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE THE SPECIFIC LOCATION OF THE UNDERGROUND SERVICES BY CAREFUL HAND EXCAVATION ONLY UNLESS OTHER MEANS ARE APPROVED BY ARCHITECT AND OWNER BEFORE BEGINNING THE WORK. THE CONTRACTOR SHALL REPLACE OR REPAIR, PER SPECIFICATIONS, ANY AND ALL DAMAGED UNDERGROUND SERVICES AS LISTED ABOVE AT NO ADDITIONAL COST TO THE OWNER. 1. TRENCH EXCAVATION - INCLUDE OSHA STANDARD 29 CFR, SECTION 1926.650 SUBPART P, WHICH IS NOW A PART OF LAWS OF FLORIDA CHAPTER 90 -96. - THE CONTRACTOR SHALL PROVIDE WRITTEN ASSURANCE OF COMPLIANCE WITH THIS LAW. - A SEPARATE COST ITEM IDENTIFYING THE COST OF COMPLIANCE. - A TRENCH SAFETY SYSTEM SHALL BE DESIGNED BY THE CONTRACTOR, AND APPROVED BY THE ENGINEER. 2. ALL RETENTION AREAS, STORM SEWER PIPING, STORM SEWER STRUCTURES, ETC. MUST BE IN PLACE AS PART OF THE FIRST PHASE OF CONSTRUCTION, IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO ACCOMMODATE POSITIVE DRAINAGE THROUGHOUT CONSTRUCTION TO AVOID FLOODING OF THE ADJACENT PROPERTIES. ANY FLOODING THAT MAY OCCUR DUE TO HIS WORK WILL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR 3. THE USE OF ELECTRONICALLY STORED DATA IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND NOT TO BE USED FOR CONSTRUCTION. CONTRACTOR MUST UTILIZE SIGNED AND SEALED DOCUMENTS FOR CONSTRUCTION. NOTE TO CONTRACTOR THE CONTRACTOR SHALL PROVIDE CERTIFIED RECORD DRAW- INGS, SIGNED AND SEALED BY A PROFESSIONAL LAND SURVEYOR. THE RECORD DRAWINGS SHALL SHOW FINAL GRADES FOR RETENTION BASIN(S), CONTROL STRUCTURE(S), INLETS & PIPES WITH TOP & BOTTOM ELEVATIONS, INVERTS & DIMENSIONING OF SLOT & BAFFLE. LOCATIONS OF ALL UTILITIES INCLUDING THE SANITARY SEWER AND WATER PIPING. THE CONTRACTOR SHALL PROVIDE TWO COPIES OF THE CERTIFIED RECORD DRAWINGS TO THE ENGINEER. THE AFOREMENTIONED RECORD DRAWING SHALL BE SUFFICIENT ENOUGH IN DETAIL TO BE ACCEPTABLE BY AGENCIES HAVING JURISDICTION. GENERAL CONSTRUCTION NOTES 1. ALL THE WORK PERFORMED SHALL COMPLY WITH THE REGULATIONS AND ORDINANCES OF THE VARIOUS GOVERNMENTAL AGENCIES HAVING JURISDICTION OVER THE WORK. 2. ALL ELEVATIONS ARE REFERENCED FROM NORTH AMERICAN VERTICAL DATUM (NAVD)1988. 3. LOCATIONS, ELEVATIONS, AND DIMENSIONS OF EXISTING UTILITIES, STRUCTURES, AND OTHER FEATURES ARE SHOWN ACCORDING TO THE BEST INFORMATION AVAILABLE AT THE TIME OF PREPARATION OF THESE PLANS. THE CONTRACTOR WILL VERIFY THE LOCATIONS, ELEVATIONS, AND DIMENSIONS OF ALL EXISTING UTILITIES, STRUCTURES AND OTHER FEATURES AFFECTING THIS WORK PRIOR TO CONSTRUCTION. 4. THE CONTRACTOR SHALL CHECK THE PLANS FOR CONFLICTS AND DISCREPANCIES PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL NOTIFY THE OWNER'S ENGINEER OF ANY CONFLICTS OR DISCREPANCIES BEFORE PERFORMING ANY WORK IN THE AFFECTED AREA. 5. THE CONTRACTOR SHALL EXERCISE EXTREME CAUTION IN AREAS OF BURIED UTILITIES, AND SHALL PROVIDE AT LEAST 48 HOURS NOTICE TO THE VARIOUS UTILITY COMPANIES, IN ORDER TO PERMIT MARKING THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES, IN ADVANCE OF CONSTRUCTION, BY GALLING "SUNSHINE" AT 1 -800- 432 -4770 MINIMUM OF 2 DAYS AND MAXIMUM OF 5 DAYS PRIOR TO THE START OF CONSTRUCTION. THE CONTRACTOR IS RESPONSIBLE FOR CONTACTING ALL UTILITIES NOT INCLUDED IN THE "SUNSHINE" PROGRAM. 6. CONTRACTOR IS SOLELY RESPONSIBLE FOR CONSTRUCTION SAFETY. SPECIAL PRECAUTIONS MAY BE REQUIRED IN THE VICINITY OF POWER LINES AND OTHER UTILITIES. 7. ALL UNDERGROUND UTILITIES MUST BE IN PLACE AND TESTED AND INSPECTED PRIOR TO BASE AND SURFACE CONSTRUCTION. 8. IT IS THE CONTRACTOR'S RESPONSIBILITY TO BECOME FAMILIAR WITH THE PERMIT AND INSPECTION REQUIREMENTS OF THE VARIOUS GOVERNMENTAL AGENCIES. THE CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION, AND SCHEDULE INSPECTIONS ACCORDING TO AGENCY INSTRUCTION. 9. THE CONTRACTOR SHALL SUBMIT FOR APPROVAL TO THE OWNER'S ENGINEER; SHOP DRAWINGS ON ALL PRECAST AND MANUFACTURED ITEMS FOR THIS SITE. FAILURE TO OBTAIN APPROVAL BEFORE INSTALLATION MAY RESULT IN REMOVAL AND REPLACEMENT AT THE CONTRACTOR'S EXPENSE. ALL SHOP DRAWINGS ARE TO BE REVIEWED AND APPROVED BY THE CONTRACTOR PRIOR TO SUBMITTAL TO THE OWNER'S ENGINEER. 10. AT LEAST THREE (3) WORKING DAYS PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL NOTIFY THE ENGINEER AND APPROPRIATE AGENCIES, AND SUPPLY THEM WITH ALL REQUIRED SHOP DRAWINGS, THE CONTRACTOR'S NAME, STARTING DATE, PROJECTED SCHEDULE, AND OTHER INFORMATION AS REQUIRED. ANY WORK PERFORMED PRIOR TO NOTIFYING THE ENGINEER, OR WITHOUT AGENCY INSPECTOR PRESENT, MAY BE SUBJECT TO REMOVAL AND REPLACEMENT AT THE CONTRACTOR'S EXPENSE. 11. BACKFILL MATERIAL SHALL BE SOLIDLY TAMPED AROUND PIPES IN 6" LAYERS UP TO A LEVEL OF AT LEAST ONE FOOT ABOVE THE TOP OF THE PIPE. IN AREAS TO BE PAVED, BACKFILL SHALL BE COMPACTED TO 100% MAXIMUM DENSITY AS DETERMINED BY AASHTO T -99. 12. SITE WORK CONCRETE SHALL HAVE A COMPRESSIVE STRENGTH OF AT LEAST 3,000 P.S.I. IN 28 DAYS, UNLESS OTHERWISE NOTED. 13. ALL PRIVATE AND PUBLIC PROPERTY AFFECTED BY THE WORK SHALL BE RESTORED TO A CONDITION EQUAL TO OR BETTER THAN EXISTING CONDITIONS UNLESS SPECIFICALLY EXEMPTED BY THE PLANS. ADDITIONAL COSTS ARE INCIDENTAL TO OTHER CONSTRUCTION AND NO EXTRA COMPENSATION IS TO BE ALLOWED. 14. ALL DISTURBED AREAS WHICH ARE NOT TO BE SODDED, ARE TO BE SEEDED AND MULCHED TO DOT STANDARDS, AND MAINTAINED UNTIL A SATISFACTORY STAND OF GRASS, ACCEPTABLE TO THE REGULATORY AGENCY AND ENGINEER OF RECORD, HAVE BEEN OBTAINED. ANY WASHOUTS, REGRADING, RESEEDING, AND GRASSING WORK, AND OTHER EROSION WORK REQUIRED, WILL BE PERFORMED BY THE CONTRACTOR, AT HIS EXPENSE, UNTIL THE SYSTEM IS ACCEPTED FOR MAINTENANCE, BY THE REGULATORY AGENCY AND ENGINEER OF RECORD. 15. THE SOILS ENGINEER IS TO SUPPLY THE ENGINEER WITH A PHOTOCOPY OF ALL COMPACTION TESTS, AND ASPHALT RESULTS. THE SOILS ENGINEER IS TO CERTIFY TO THE ENGINEER OF RECORD, IN WRITING, THAT ALL TESTING REQUIREMENTS, REQUIRED BY THE LOCAL REGULATORY AGENCY, AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), FOR THE IMPROVEMENTS, AS REQUIRED BY THE ENGINEERING CONSTRUCTION DRAWINGS, HAVE BEEN SATISFIED. 16. THE CONTRACTOR SHALL MAINTAIN A COPY OF THE APPROVED PLANS AND PERMITS AT THE CONSTRUCTION SITE. 17. THESE DRAWINGS MAY NOT INCLUDE NECESSARY COMPONENTS FOR CONSTRUCTION SAFETY. THE CONTRACTOR IS SOLELY RESPONSIBLE FOR MEANS AND METHODS FOR CONSTRUCTION SITE SAFETY. 18. ALL SODDING, SEEDING AND MULCHING SHALL INCLUDE WATERING AND FERTILIZATION. THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING THESE AREAS UNTIL THE PROJECT IS COMPLETED AND ACCEPTED BY THE OWNER. 19. ALL PIPE LENGTHS ARE PLUS OR MINUS. PIPE MEASUREMENTS ARE CENTER TO CENTER OF STRUCTURES OR FITTINGS. PIPE MEASUREMENTS FOR MITERED END SECTIONS ARE TO THE END OF PIPE. 20. EXISTING PAVEMENT SHALL BE SAW -CUT WHERE NEW PAVEMENT IS TO BE ADDED OR EXISTING PAVEMENT TO BE ELIMINATED. 21. ADJUSTMENTS OF INLETS, JUNCTION BOXES, MANHOLE TOPS, WATER VALVES, WATER METERS, ETC., SHALL BE INCLUDED IN THE CONTRACTOR'S BID AND NO CLAIM SHALL BE MADE AGAINST THE OWNER OR ENGINEER FOR THESE ADJUSTMENTS, IF REQUIRED. 22. ALL BACKFILL OVER ANY PIPE (STORM SEWER, SANITARY SEWER, OR WATERLINES) THAT IS INSTALLED UNDER ROADWAYS OR WITHIN THE EMBANKMENT OF THE ROADWAY, SHALL BE COMPACTED IN ACCORDANCE WITH F.D.O.T. STANDARD SPECIFICATIONS, SECTION 125 -8.3, LATEST EDITION. 23. THE CONTRACTOR PERFORMING TRENCH EXCAVATION, IN EXCESS OF 5' FEET IN DEPTH, SHALL COMPLY WITH THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION'S (OSHA) TRENCH EXCAVATION SAFETY STANDARDS, 29 G.F.R., S.1926.650, SUBPART P, INCLUDING ALL SUBSEQUENT REVISIONS OR UPDATES TO THE STANDARDS AS ADOPTED BY THE DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY (IDLES). 24. CONTRACTOR TO COORDINATE THE POINTS OF CONNECTIONS OF THE UTILITIES WITH DIFFERENT SUBS. SITE CONTRACTOR TO CONSTRUCT THE UNDERGROUND INFRASTRUCTURES i.e. SANITARY SEWER, STORM SEWER, WATER LINES, FIRE LINES, ETC., TO 5' OUTSIDE OF THE BLDG(S). THE PLUMBING CONTRACTOR TO CONNECT AND MEET THE INVERT ELEVATIONS OF THE SAID UTILITIES. ANY UTILITY WORK PERFORMED WITHIN 5' OF THE BLDG. SHALL BE THE RESPONSIBILITY OF THE PLUMBING CONTRACTOR. ALL WORK SHALL COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL CODES, ORDINANCES AND REQUIREMENTS. 25. ALL WORK SHALL BE PERFORMED AND FINISHED IN A WORKMANLIKE MANNER TO COMPLETE SATISFACTION OF THE ARCHITECT /ENGINEER IN ACCORDANCE WITH THE BEST RECOGNIZED TRADE PRACTICES. 26. DEVIATIONS TO THESE PLANS AND SPECIFICATIONS WITHOUT CONSENT OF THE ENGINEER MAY BE CAUSE FOR THE WORK TO BE UNACCEPTABLE. DEVIATIONS SHALL RECEIVE WRITTEN APPROVAL FROM THE ENGINEER. 27. SIGNS, BUFFER WALLS & FENCES ARE SUBJECT TO SEPARATE SUBMITTAL(S) AND PERMITTING. DEVIATIONS SHALL RECEIVE WRITTEN APPROVAL FROM THE ENGINEER. SIN-111-41 ' ., PLANNING KEITH ZAYAC t • • 701 ENTERPRISE ROAD f HARBOR, SAFETY FL 34695 PROJECT #: I-� U) ORGINAL DATE: 11.08.07 CHECKED BY: KEZ r7, DRAWN BY: SHEET NO. E-4 t-4 ,- W W W I-4 u PROJECT #: 624-07 ORGINAL DATE: 11.08.07 CHECKED BY: KEZ DRAWN BY: SHEET NO. 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I. N5 I LB 2610 tk' CD SCIR 1/2" Y rd Drain FCIR it LB 4!5 13 O/S 0.25'1`4 QjIll, )p f _j � � 16"Palm 1pvert (-0.49" j) 0 6 _31' E L If > 5.55 _11M W 16 Im b- Concrete I 1i G 21 53 1 II D Wall 5.53 t I I 5,56 f 0 - III co 7 5.52 13�1 If planter Q LU 17 Polm 0 1 507 5.55* 16 Palm I El- if 5 7 Lij I /5 1 Concrele If 0 5,01 Wall It I L Yard Drain 5.411 11 it �Ib Top = 4.88 UtilitY ON01-1 A 4.98 Invert 0.95' 1 "4 87 1 UL FPK&D f X J erg) 16"Poln 1, i 16' aim 1 1, o LB 2610 fill _J FOP • 1101(p) if STORM I r� M 1-T Concrete 2.5' X 25 Column AA� f__ 1 119.1 TOP=21409 _j Yard Dr in 4 Top = 75' g onc� ete 0 Invert .20',,, < 8 I ,! Palm Cp NN Q� CL 5 ~SIR 1 a� =1513 , FP 18"Palm / I I (�� 3R-D 'STREET *18" aim r 8, lll-'� LB Z 51 planter I 'A I Vl ------ 15 X 2.67' Columns Ljj f f 1, l! ;1 1 Yard Drain 11 X X;, X Top = 3,96, f ------- huh NW Invert 0.76" ifi 41 OD 4d`rc U /b if CQ;'�' NE lnvert� 0.68' ncJ4 e Inlet T_j P T p 40 SE Inverts 0.72' v - 4u 4.4 5') FC 5�03 I IR ln\l!, (-1.7 C-D Inv 1.83: nt, -0 1 I I / T. B.M. R - 1111 f,1!/STORM M Concrtfe'l3nibt "0' (P) RADIAL ANHOLE — Box cut in k- L A 3g' CONCRETE 130)(P I '&in H 8" X 8' 'kz 6 1 p I —Concrete TOP 7 N-FIR I'll dI W.Invtrt = 07') ik -0 FOR /El" 1 if N.Invurt = LO ct;�l 18TpIrn '00' (P) RADIA L c 00 5�5� INV.f EY -2-1k, R=5982��2' F K _�D P & LB 2 1 0 ��7 co C) Lo FU c o 5.62 A 01 -3 9148" 1 1 X Yard Dram V- 5.67 7,59 L=1 73.6 )p CH ®173. 6 To 2.70' columns 5,67 2.'�' Y '-,.5' Column-\ 0. 4' Invert Q 5.5,3 C BRG=N06'�4 571F-- STORM INLET ncrete AQUALEA I INS: 5.66 PPIOPOSED Ijo �0 1 11 N?p (UNDER CONSTRUCTION) TOP=2�9__V -2A5' J E a 00 IN CID C11 C6 C14 I 1 2 O E E CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING ATTACHING TWO SILT FENCES __0 APPROXIMATELY 8 V F:: PLACE THE END FABRIC MATERIAL POST OF THE SPACING OF POSTS TO BE 6-10 FEET APART FILTER FABRIC MATERIAL M A I Lj`j if INSIDE THE END ANCHORED WITH POST OF THE 4 A P,2x tqk Q) G0 F POSTS AT LEAST 0 180 DEGREES IN BURIED D.I.P. A CLOCKWISE DIRECTION TO if 0 -.7 CREATE A TIGHT WATER LINE (ELEVATIONS ON Top OF PfpE) SEAL WITH THE FABRIC MATERIAL CL, I? (z� CD C 44NI BURIED R" U LINE CURB INLET YA N, FCM 4"j _(EW/ADQN�S� _O RIM=163' X TOP=3.57' r 7F _ [I A- INV=0.08' I BURIED p V C 0IIATER A's (ELEVATIONS LINE ON Top OF PIPE) 2 nd. if 2 ND STREET z STREET (CONST%6ON BY CITY J, 3 0 _4 OF CLIIAR WATER) I IU,G, CHAMBER 6 0, "Jo - - n-A 1 STORM MANHOLE TOP = 3.41' 1fRIfv1=3,49'(W) ED , , I-IM=..J._')U (UENTER) j - -1,11. , , , , r" INNk SE = -11A1, , RIM=3.48'(E) FILTER FABRIC MATERIAL CAN CURB INLET lf IN\/.(E)= -1.91' ------------------------------ RINI-3.67' "'r E (SEE NOTE No-157y ----------- !2; -11�93 DR.Al GE MANHOLE ----- - ------ INV,(W)= *1111 --------- - ----- TOP=a63, BOTTOM= -4-7/6' *To��-t='4 50' 1 1 ", A� Q� I --------------- INV�(E)= -1�81'\ STORM MANWOLE 7.961 --------- -- -- - ----------- *NAf 7\(-`!�&) INV.(N)= -0.33' RIM=3,760' FCM 4" --- - ---------- I ------------------- INV.(W)= -1.96' -7 T- I- — — I t Tro C 12 NI 0 - X rea U T ACCESS ---------- UUNDAR (LOTS OF TRAFFIC' 90,2 OF T6'd ------ ITH 0 A --------------- w FELE: '4� 7 S 3- q Utility Bo 54 b7 E OF qR A� RINGS FPK&D— 2,35. no 2& 1' — — LB 2610 D,F) 101 Concrete 1 10 Ve (F) _5z 4P Z_ OF C0k,0,TJNCE.kIE14T — go'( ORTHEAST COR4ER T IH --1 10 0 28. 71 r JOF THE SOUTH 20.1210 Lt 2�0' (D X 2 0' A4 Z: QSonr-y f!FEFI OF LOT 103 Cciurnn� (TP IT 13, 20 L-) I Ica 17PK&D transformer f 0 CD 13. 16 P-0. I. N5 I LB 2610 tk' CD SCIR 1/2" Y rd Drain FCIR it LB 4!5 13 O/S 0.25'1`4 QjIll, )p f _j � � 16"Palm 1pvert (-0.49" j) 0 6 _31' E L If > 5.55 _11M W 16 Im b- Concrete I 1i G 21 53 1 II D Wall 5.53 t I I 5,56 f 0 - III co 7 5.52 13�1 If planter Q LU 17 Polm 0 1 507 5.55* 16 Palm I El- if 5 7 Lij I /5 1 Concrele If 0 5,01 Wall It I L Yard Drain 5.411 11 it �Ib Top = 4.88 UtilitY ON01-1 A 4.98 Invert 0.95' 1 "4 87 1 UL FPK&D f X J erg) 16"Poln 1, i 16' aim 1 1, o LB 2610 fill _J FOP • 1101(p) if STORM I r� M 1-T Concrete 2.5' X 25 Column AA� f__ 1 119.1 TOP=21409 _j Yard Dr in 4 Top = 75' g onc� ete 0 Invert .20',,, < 8 I ,! Palm Cp NN Q� CL 5 ~SIR 1 a� =1513 , FP 18"Palm / I I (�� 3R-D 'STREET *18" aim r 8, lll-'� LB Z 51 planter I 'A I Vl ------ 15 X 2.67' Columns Ljj f f 1, l! ;1 1 Yard Drain 11 X X;, X Top = 3,96, f ------- huh NW Invert 0.76" ifi 41 OD 4d`rc U /b if CQ;'�' NE lnvert� 0.68' ncJ4 e Inlet T_j P T p 40 SE Inverts 0.72' v - 4u 4.4 5') FC 5�03 I IR ln\l!, (-1.7 C-D Inv 1.83: nt, -0 1 I I / T. B.M. R - 1111 f,1!/STORM M Concrtfe'l3nibt "0' (P) RADIAL ANHOLE — Box cut in k- L A 3g' CONCRETE 130)(P I '&in H 8" X 8' 'kz 6 1 p I —Concrete TOP 7 N-FIR I'll dI W.Invtrt = 07') ik -0 FOR /El" 1 if N.Invurt = LO ct;�l 18TpIrn '00' (P) RADIA L c 00 5�5� INV.f EY -2-1k, R=5982��2' F K _�D P & LB 2 1 0 ��7 co C) Lo FU c o 5.62 A 01 -3 9148" 1 1 X Yard Dram V- 5.67 7,59 L=1 73.6 )p CH ®173. 6 To 2.70' columns 5,67 2.'�' Y '-,.5' Column-\ 0. 4' Invert Q 5.5,3 C BRG=N06'�4 571F-- STORM INLET ncrete AQUALEA I INS: 5.66 PPIOPOSED Ijo �0 1 11 N?p (UNDER CONSTRUCTION) TOP=2�9__V -2A5' J E a 00 IN CID C11 C6 C14 I 1 2 O E E CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING FABRIC Shower L A SECURELY FA ED TO THE qL 0 NN R IF USED coTHEI WIRE MESH _7' Concrete Q) RAD WClI IE d F,�1 fr � -__ `" °` -r` --- _ T ° �� ` :: ' -. I I i r%-� I f j ') _F) f i t Q CL -7 L if X X f Ld 10 (P) RADIAL IL a- HE i '�: 17 Palm E NOTE No,!�) DRAINAGE KH i F (S_� CD _7 & *Top = 4 (J 4. -7) pa- *N.Invert 1 '1�0 Lo *E. I nvertt E 1 ,- *S.Invert = (-1.02" 8.6 Lj�'�P) 7 (D CL 11, 1 !P �, Il D FPK&D 28.,V Q� U11 F� - If T1, �31 (Z,. < 'All Lq Q) _E:L 28,0' 1 1 4 Ill asonry F 0, 2, 0' X 2, 0 M Columns (typical) 18"Palm X q I call' if -4--f Grate Inlet lop = 4.68 POL Wood 81,10 8.01 17 Palm I Deck COncretp_ 100, (P) (1r-atC inIdVvert Found t�on 1`4 Q I J �M 4' Top = 4.68 — X l X _01 Invert (-0.2-Al') of; BRITT'S SOUTHEAST CORNER OF LOT 59 _2 RESTAURANT LJ I 00 ,) I, I 1 1 R - TiVO STORY FRAME BUILDING co L - - FIR 5/8" 2801 lj, tJ LB 3889 FIR 01 16 V: if A` SEE DETAIL RIGHT F El 2' it J El FCM POINT ON A CURVE N D�2 O/S 8 1 *5 94 _j L W 0.22 N it OW, 9 o' 18 (F) -�tn J 00/-R40, -In 08 BOU VAL) FOR 1/2" CONSTRUCTION STORM WATER POLLUTION PREVENTION PLAN N LB 54 OF TH SOUT[4 25 LB O/S 1.7 L 0.10E ' FELT L L c I t " c L if X C'11 X —(P ) If OWNER OR AGENT 6 "'Dip r WOOD OR STEEL POST N% ATTACHING TWO SILT FENCES __0 APPROXIMATELY 8 L1 Ej LJ INCHES OF FILTER PLACE THE END FABRIC MATERIAL POST OF THE SPACING OF POSTS TO BE 6-10 FEET APART FILTER FABRIC MATERIAL A TRENCH AND BE INSIDE THE END ANCHORED WITH POST OF THE COMPACTED FIRST FENCE BACKFILL MATERIAL E-4 POSTS AT LEAST 180 DEGREES IN RUNOFF A CLOCKWISE DIRECTION TO -.7 CREATE A TIGHT SEAL WITH THE FABRIC MATERIAL CD C E4 r 7F _ [I A- z _4 n-A FOR ADDI TIONAL STRENGTH FILTER FABRIC MATERIAL CAN 0 BE ATTACHED TO A 6-INCH (MAX) W MESH WIRE SCREEN WHICH HAS < 0 BACKFILI ED TRENCH BEEN FASTENED TO THE POSTS z W z W 0 0 W CL d - FABRIC Shower L A SECURELY FA ED TO THE qL 0 NN R IF USED coTHEI WIRE MESH _7' Concrete Q) RAD WClI IE d F,�1 fr � -__ `" °` -r` --- _ T ° �� ` :: ' -. I I i r%-� I f j ') _F) f i t Q CL -7 L if X X f Ld 10 (P) RADIAL IL a- HE i '�: 17 Palm E NOTE No,!�) DRAINAGE KH i F (S_� CD _7 & *Top = 4 (J 4. -7) pa- *N.Invert 1 '1�0 Lo *E. I nvertt E 1 ,- *S.Invert = (-1.02" 8.6 Lj�'�P) 7 (D CL 11, 1 !P �, Il D FPK&D 28.,V Q� U11 F� - If T1, �31 (Z,. < 'All Lq Q) _E:L 28,0' 1 1 4 Ill asonry F 0, 2, 0' X 2, 0 M Columns (typical) 18"Palm X q I call' if -4--f Grate Inlet lop = 4.68 POL Wood 81,10 8.01 17 Palm I Deck COncretp_ 100, (P) (1r-atC inIdVvert Found t�on 1`4 Q I J �M 4' Top = 4.68 — X l X _01 Invert (-0.2-Al') of; BRITT'S SOUTHEAST CORNER OF LOT 59 _2 RESTAURANT LJ I 00 ,) I, I 1 1 R - TiVO STORY FRAME BUILDING co L - - FIR 5/8" 2801 lj, tJ LB 3889 FIR 01 16 V: if A` SEE DETAIL RIGHT F El 2' it J El FCM POINT ON A CURVE N D�2 O/S 8 1 *5 94 _j L W 0.22 N it OW, 9 o' 18 (F) -�tn J 00/-R40, -In 08 BOU VAL) FOR 1/2" CONSTRUCTION STORM WATER POLLUTION PREVENTION PLAN N LB 54 OF TH SOUT[4 25 LB O/S 1.7 L 0.10E ' FELT L L c I t " c L if X C'11 X —(P ) If OWNER OR AGENT 6 "'Dip r WOOD OR STEEL POST N% F. NTS PROJECTM ATTACHING TWO SILT FENCES __0 APPROXIMATELY 8 L1 Ej LJ INCHES OF FILTER PLACE THE END FABRIC MATERIAL POST OF THE MUST EXTEND INTO SECOND FENCE A TRENCH AND BE INSIDE THE END ANCHORED WITH POST OF THE COMPACTED FIRST FENCE BACKFILL MATERIAL ROTATE BOTH POSTS AT LEAST 180 DEGREES IN RUNOFF A CLOCKWISE DIRECTION TO -.7 CREATE A TIGHT SEAL WITH THE FABRIC MATERIAL F. NTS PROJECTM 624-07 ORGINAL DATE: 11.08.07 CHECKED BY: KFZ DRAWN BY: SHEET NO. HAZ Of I�L ! �.4`' } f .i?.f Y1. �t trk:r 1yt "�7:i`.. Ganaree inlet 1 Box out n t Concrete ',ti\ Trash Can 1 [ <% I _ r _� - Tap 4_57' �• t , Elevation - 4. -t �f bJ �� Area ° }' 1� ?. I, e LEGEND _ rg I t Im \, E.Invei - 0 -51 _ ° -'° °°° `// I ; c ! J � I I , v " c° . 1�1 XISTING FIRE HYDRANT r' J' ` t \� 4.6 ,. �n's� �` 6°'�' �! t° �; t6r -`~r '^ R' I` n`,`;' " BCl CIS ILL `� TYP TYPICAL C l,' r 3, c} q .. (�' i k r'-, 11, '�,, I ,� 4.B1d ° I "Y - L' 1-5 -Palm c i� rt ,, <- -,-, n � `r 133 ii 4i�I I „ 11 1` `� y fi ' u- i GE H/G HANDICAP t` , .54 t, } s� ,bc� �, \ � Q o - �' - ) -0 . -ni R RADIUS L--_ l BU p 1 - __ - --- --- --- -- _ 1 1 I +� � ��p I UV tLU ( "~ ~ 1 I I TIC i d� _ N - R/W RIGHT -OF -WAY N I .1 6 f E (ELEVATd , D.I.P, 1 ATER LINE _ - _ _ I �•' 14 "P01m \ --- -- --_ - r `� I� I ����,, C1tdS C?PJ TflP Qfi PIPET I F.,t � , P 1. 1;41 �� ; - "�),`'I ` I °-tea? �� HANDICAP PARKING i , 1 � 1 ;Z P } r 7 - �- _ ° -5'� I EXISTING FIRE HYDRANT t : ; -, + t i N -�. , F I) _ PROPOSED CURB --__ 1 �,` t�E i a. Ike --- --- � ==\1_ 5.� BURIED I 1* t - - - � -SAN- ` -," P.41, ar CURB T `.a ^ +� + I Fj - r �,'TrI? ! _ c- ;. EXISTING CURB TO REMAIN f 1A ` n } �° ;is ° = F� � 1 -___ -_ - --(E r it � d� T IN ( Rlh;'1 =3.G3" N I -,35 ( x � - I ,,\ s ,A � �`� 'v. 00,- '-__._ ( �F Rlp�)__ I< ` TOP =,x.57' ti•\ I I� PROPERTY LINE I, ,,E� z 15 • 11 if base material' -�' TING N A A (TYP} f il (SEE LAN APE PLANS �' �- _'� \t ; t' PROPOSED CONCRETE 1 � \ I der canstruwtian) BURlEG - ______ _ - r -_ - - - `, �Q " ti F FOR DETAIL P -V.0 r, +, I e #, II H.C: RAMP PER CITY ) AVEMENT (ELEUfr,T(QPJS t ZUPrATER' LINE -_ 1'- F s `> F F- `CLEARWATER iJ9v '• ID - I I - CONCR TE P QF PIPE) - C 1 -',,- , Ir iii3 Pal i II i 1AfDEx #109 (TYP.) (SEE ARDSCAPE PLA S r ,� C1 TREET _ ; - a r� ^ t FORD TLS) L'I (CONST)?U SON BY CITY � � 1 i 1 fl il ) 12_'P A -y- � � ;€ � � ,c 1 fl �r OF C! EARWATER) C,,;' fI 1U.G. CHAMBER a; r ) I v torm Manhol - -i= _ -- - - ''- - - - - -- _ -- _ V GUA R PER I ;+ TOt�P- 34 41H L- b.1 q r� Top = 5.2 0 _ - - -- -- -- - , .- - - - -- , "s t Amt X. - I ., R 1 =3.50'(CEi'1TEf ` I - I '- - - - - -- ° . f' �" = LET d' 0 IrLEARWATER INDEX 101 12 °' QROSSWa j ' I E.InIPrE - 0.98') ; I ! ` t _ _ , ® _ - - - - _ -_ - ''�v r� # 7 k �E -1.41' \ RIM =3.48 (E1 rt I T S.Invert = 0 - 0.06'1 I I 1 ; I 1 a�'' "i �W ` -- -° -. _ ' - 7-i,---.!- - ' °' ; ;,- PAINT; PER FDOT /' GENERAL I V ®TE S u I I I I � . - . ~4s - - -_ -� _ , _ CURB INLET r IN`:.(E"= -1.91' . 1 I ° _s - _ - WHITE PAINT INDEX #17346 (TYP.) . ,I \� _._ r - bt1j t DR „dAC1 'arF`��lfi�J�Ex'(�EE' 1 T [Jr }:t �q - _ - � - -- \ -'` RIIvIl =5.67' ,: 3Ni.It t;= -1,3d" ��' /`., \\ ' - 13� t I * t� °�' _a - `a -- _ L -� ; 1 ! r�. SOT.Or ".= -4.76' 1. OWNER/ DEVELOPER 1 T � ' I T�,'- , C3' fi 2.70' Columns,,, �4 �� �� ' i' r _ ! 0 -. ,\1 a' . <� }:.° /:9 ' . ,. ,- `. d . . - :� I , -- - -- - I }1.C. RAMP PER ,•, 11 ( - ---- -1 T. � . I`` ` - - _ 4 _ I1NV,(Et= --1.81 ,1 STJF4r1 ha1ANF \ / �,• I I 1 - - - N rir >t 1 -�t - - _ - r` r r` ' \\- n \ CITY ,QF CLEARWATER '`\ f I I z °-•- J _ <" d y - < - - _ I <'l . ,, i\I I' -0, 33 I ` } = l J c i° Tra h Gast _ $: i _ ° a -- - a __ - _ �. 3 RIP,•1 x 6' . h tver II I eEh'`� I:t11' �,4z9 t. _ - a IN EX 109 TYP. k t'< 4 - - -- J ) = a�' }jib # ( 11 P ✓ I I I ! -&.'': - - f 1 da- ..a _ { , -' _ _' - _ V.k Vt - .-'1 .,..:u 'Y i ) `t t j - __ _ u t \•rid r_.a I t 1 l ! , i I ':�-- ,il °3i :� : .� -1 -847) 1� t d - ; . _ - - - : I! 1 ., :..... -..' .. a .. - F� - _ 11 ;0 r Y`' (L TS�CFSTF ' , a {V r: �% Ik '�p. _ I 'gig 6's:. 11. G'` I- C` -''t G. �. . .. F G�'!7 ..t€r ❑ IjI• ' ' z.I ki!'(t';o t:1I,- p.,: � ;Ip. + °. ._ . . - l� - .s� = - _. f ' - _ -__3` '• i i 1 , �. �� .� � d , �I i Utillt' t7GX f v 1 / Z'^ dd o' ` '..d ...a - - `-r- v -r. 7: ,, - - _ -,i: i 44 os _ ° I f-- `: a �� a '-11 $ € 1 ..�. „ - �.k - d - � � .LLJ 2�� #a- ~Q -^- q -•t,. -"`,1. �' n � -.: _,^ i <f- 4- j r j. Concrete „ fr I l 4 a' �.� I r( `t, J(-F .. _ ! { _ } O(' FI O . - l I n' + t. - \ )' 1 i �' ! z. s 8 f ° -� t I f , a ° ` j/ 11 f - - i j t 3.4:t 2 k _ _ 11 - ( / a 1' - „�- n S -:. -. .. -a 7 % ,� d 1 ,I{ j i. % i 1 11 I, S 1 'Sa I ;t+ f.'Y t ff e j f 1 LL °. I 1 t .r• 1 _ _ JU�, 7- i - ~fs V 1 - - I- }�-� f I a d :a < : { (!y. ` F.E ° �f i l jt '� Evr4 I i f I Ijj: 1. 11 , - . -Y,* -3 .7 - - ! v . '� 'ilf"It t ( -i. t� I P ! - t r 7 i ca 1 I I I .,_- :.: :.:; < . • 4 °- _� � FM / b In iI I i' I( If �: } � I t t f a J 11; I I � ; 5 1-- +n J I Lv !C't' - �''i, I+ '•:r 1- t' I � cN . ranS arme, I / , , s . 1 V ) - -•-I�, i j1 - i I ,,i LL I�.� i'� (( Tll. {.,+' ( i( }}I `F`- -._ IIh a ° �.-( (7 Ft j1, t L 1 it ��{ 'C a I ® i`.� d a- a �I f t 41 - If ` } G I I Ii�. :: .. 4. a I „ Y td Drain ° j I ;. E f 1 _ C.' € 1 cy a c rS : 4 c- .< I 1 I t U f I f � ;;1 f � �� � ° � I l h - _ _ I ' k' . } r, (ID, fi : J' I 3 ° "-: '` ,.0 FtirINT OF COM1,1ENCONIENT '-HE NORTHEAST CORNER i t Liu. Q fF THE SOUTIA 20.00 FE O" LOT 10- F� r '� a. � ,`Y. i7 i "p•� ��yy )-,,2 �t FPI �3.D r p t p \\ "�tP € C>Jrf Jp = S.SJ I 4 d v a ° , 6 - 1 it F �! J #t r Jii( ! �! I ( - -- _ " Uff Lt.� 'v 16 PaIrn ,ri I vert = ( -0.49 6. f , I !� i }_ I - t ! ill", t t f & v {j.aJ E . . �- „� '• ff` F I . . _ _ d � '� .. e= . .... zr t t � �,.,� ' V, tI �! !_ V. 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JC" ''t -- ,r' j 11 ='' i rr I i I j - - _ - ' -1 ° u a [ - ' a � _ i - [!'F�fri fr'ir/� `' ;�>% #--- 1' - / 6 , i (�-( 1 7 ° -i. ! - •r. 4��%::/ ilr�ir -� fjd I °---.- ! q �. 1 1 �,,palll7 V i 3 5.tF1 I I - ''-' - „' .4r,4 ! f ^_ `�- €, �t-- l?� .�f�`1, , f ,` a ' --- -_ _ PROPOSED ASPHALT :� 5.55 11 "Palm ! I I I �-1 a_ 4 _ ., "- =- --__ _�,'L I { 11 I -f- , �° ; -------------. , - - -- - - ��' 'I,- I ,,` I ,--,,-,-,,,- �-, I I 0 I 1141, I/ i N N '0- , y i 1�7 �1\ Ij - I- M A, I Lj. -- ' - - ! � i - �- / --- - V I,- I .- n , 1:�,,, 5 I 11 I � I . - �' \�'j � � BOX 14 . f - - . k 6 I I '. ,?>. N - // w , k\,�-, ". C� . I 8,z) � 5 ', ? Iw- I j - u - �-, Q� - i - - * &T, I � - -- - N - \ \ \ \ \1 4 , 60 , N 0 I �, " �t�, " � ,.J� 1, � - t —E, , 11 \1 I �-, I ,� , �') , �� -) �', I V,\ % N, . 16 ,� I - - , \� I - -� , \ 0- \ -l'?, ,13"Palfn/ ,,� I -�- � 1�,:� \ -< I (,:� r, j \14.01 1 " E I — I I - - '�-- I I I I :�? 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V) . ,"Q� ��- -;-,I,� - :, T �-- i I - - Lzw ----- ,.* - g ( - r. ==,� ?' � " , I \ � , h f� " ► i ir-- - , . L -... 4 M11 -(ff`AS-BLJILTS -)4AIIKI- - le` � 5 , (�b �,��b - /) P EY I . " rV /�, - f, f - � .. - - - ZiEw- - - I I Ic FOR WATE* &' HM'. I 30 - -, "$YSTEM PROVIDED BY (1TY ul- \qf Z� � - , 1,. � � . - -4 .� �' - .. . ----I ��. rIOT :S i . � �, )�\ -� -cc,., , I - +0.0, CD . � A . , fzt 'I L� ,:.:) - - l-,�, -- " ., I , , . - "L A - U -.. ,I �, - � _: % , ��.. � - I � - - , .. Ps CID — -.: I i I I DQ 11 i lif — -� — — . \ /I " \ \ 1\ I ! � N'.1,11 : , 144 � Q • � , �L",[ Cb. - -I � - - - EC� , , �� - I , � - , .- 411, 9 I I \ I t��3 C% �'R . i-� . - . � - -" 4 1 .1 �� -- - �-�----- - , I CLEARWATER. CONTRACTOR OfOR TO E' R I 4R�11 I . . , . I q & I- " I - . 11 � � �H & 160 �Z: 1. .. I � , � 1� ..- � U- I --, A , , . a- - I 9 "I -, I � . I- ,QNSTRUC.70N. CO� R. 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'** ---- NHOLE'S ---S-Ciq ,/ � zz=-----1-------1- Ili "'. , - I Box cut in t,i�j') I L - , � . . 1� , . � - I I a] N I �� ,�' 'Affll 8" X 8" CONCRETE ,BOX, % ., - - I . - - � ,� 4 .' I •. . r � . . - -Q " , " -1 - , - i I , :. �I. - - lz- -�,"'� , 'n - 1`-- - - . , : � . Top � � - ". .?, � I �� . L ,1�, -- -�-�-Ir� I - 7 -v TOP = -.38, '. �-,� j ,' - �, --,Y, - I - , . I - j , - .11 0.z q i - I �- f, I . - - �,,%t� � -r- .11. -. � : " I * A. �. 1� -1-'�. -- - I & - ... - -, ' �� I I Elev650-- IN I 8 � 06 w � 13 � - ' 1. 9_ /�� 45 -2 �E =xo / ` |�� ' ' 5 | �� o . /q�:WH ---�� /�� LEGEND 'i :_ ~' �� � _ � E�3�N�� u HYDRAN `� pp If �� � TING E%|S UTILITY/POWER POLE / ~' �� .��` ' ' � m~- ~+> / x z' �x� �� ---- � ----- �X|�]]N� WATER MAIN ' ' x ,. o / r�� ° x / ------- /�� }/ � � U ��' �� ?P t� / 'b ta� |' ��� � � Z3 E�|�llN� SANITARY MAIN / �� � w ooe mo o �� ~ ----' ----- Ir / �� '� /(vnder ) ' -7 " ��« 11 11 . � / ---- / '~ v r�� �� /� - // �� EXISTING SANITARY MANHOLE / �� �r ' / (l `-~-,""um� r7yl,� / � ` �° � / 3� | / ' o*�m����� �..�^ U�[�T H = � == ������ ��� LINE w� ___ / == �W ' ) /^�' v�^�\ / / \ \ o | / '''/ 11 �r 'czy/�' BOTH S|DE8 DF OENCE /rn^�`�..��_' /\L-L- / / / �.' / U CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING Iil ____ �__ -V - ------- 4"-"-- � - ''I 1 6" D.Lpv',*�, �,--,,,' - . ,n�,?- I A�RIM=3.49'(W) i I - / E.Invcrt - ' 0 98I) ;;) r , , 9 �r-� ,,� -�\, - ,;4 f 1 - - _ (,S E E --' 41 QT E: - V -- - , --- - - � --- _. -.1 --- - 'IM='.67' I I . � , -4�) 1, .. ,, � I � ------j - 1, � ---- I I - 1. 81 ,\ ;I I 1: .Q�P,N�r��,VZt,,�EE ' & 0 PROPOSED C'Ol -9888 le �� b�-) I 1�_, ,, I - - - � - - - _1.4�, r� , ,� ow e r i C " , � � -.I...., �j - - I , 77_-�7 . - , - - , - . . �� , _� i ---' - I �,)� �'� - VALVE INST L 1. CONTRACTOR TO VERIFY THE LOCATION OF ALL EXISTING UNDERGROUND UTILITIES. % .. - - , � , - -_ --"�" TILITIES HAVE BEEN OBTAINED FROM THE CITY OF CLEARWATER UTILITY ATLAS. / � T , - � Z_ "_ _A " - tg 5' El 'o' 444P -�-�at�7_' y ____ .. 2. CONTRACTOR SHALL NOTIFY AND COORDINATE WATER SERVICE WITH CITY OF I I I / if I I I _,j '4 "-'"-' I 4- �_, 4 JM - � z� � - - " ' LOCAL ELECTRIC COMPANY. . 5� SEE SITE BOUNDARY AND TOPOGRAPHIC SURVEY FOR LOCATION OF OTHER / EXISTING UTILITIES. / / � u O� SEE �ENERAL NO7�S SHEETFDR ADD|�ONALUTlUTY NDlE�. `_� ' 7� INFORMATION DEPICTED REGARDING EXISTING U�UllE� |S APPROXIMATE AND |S / NOT FIELD VERIFIED. PRIOR TO COMMENCEMENT OF CONSTRUCTION, CONTRACTOR 1. / WILL FIELD LOCATE 8c VERIFY EXISTING UTILITIES e.g' TYPE OF UTILITY, INVERT, CONDUIT ECT AND CONTRACTOR SHALLN011FYEN�|NEER OF ANY v' . DISCREPANCIES CONFLICTS. ( 21 U L- 8. UNDER�ROUND YYATER�A|N3 3HALLBE |NSTALLED. AND CO�PLETED AND |N If I SERVICE PRIOR TO CONSTRUCTION AS PER NFPA 241. Q. CONTRACTOR SHALL INSTALL FIRE SERVICE LINE FROM TAPPING SLEEVE 8c VALVE TO THE LOCATION 0FBACKFLOVYPREVENTER AND FROM DEVICE TO BLDG. - . I � -',- " � : � :!-T�, - - '� I I F, li P�L, ��\ 1O. INSTALL KNOX KEY FOR EMERGENCY AS PER NFPA 1. SEC. J-0 ncre - AND INSTALL PRIOR T0 BUILDING FINAL INSPECTION. 11. THE CITY CLEAR�ATER A��PPUCAN|^S EXPENSES, WILL REMOVE/ AND WATER WETERS THAT HAVE TO BE RELOCATED A3 PART OF THIS DEVELOPMENT INCLUDING RECLAIM WATER METERS. NO METERS SHALL BE LOCATED z 5.56 1 \ I t I i - � %�:` , 17.�, 14 11, __ �, �. - .11� , 7f __�_: _ - j a 1"I I I I , I - - I �. " fill WITHIN ANY IMPERVIOUS AREAS. 12. WHERE UNDERGROUND WATER MAINS AND HYDRANTS ARE TO BE INSTALLED, THEY I , . - - I �tq It <,,N , I I , V, tlj�, �' - w �_ _. - C �, ! I t- -z- - 1:7; Lf " � j I �� , SHALL BE |N3TALLED. COMPLETED, AND IN SERVICE PRIOR TO CONSTRUCTION AS PER NFPA 241 FIRE DEPARTMENT CONNECTIONS SHALL BE IDENTIFIED BY A SIGN THAT STATES � 13. -NO PARKING, FIRE DEPARTMENT C0NNEC�ON~ AND SHALLBE DES|�NED |N P " /15 �5 5 �4, .:�: I - ,I-- . , - . C2 11 I - - ,j,\vlL I `,,::- - - -1 11 PLUG INV. EL.= 1.80' ;� ---// ACCORDANCE WITH FLORIDA DEPARTMENT OF TRANSPORTATION STANDARDS FOR / u/u/// ~/ a+/ INFORMATION �|CNA�E AND BE MAINTAINED WITH � CLEARANCE OF 1/� FE[T|N +uu FRONT OFAND TO S|DE OF APPL|ANCE. AS PER FU}R|DA RRE PREVENllON CODE. n o�� 2001 EDITION. MODIFICATION TO SECTION 3-5.8 OF NFPA FIRE HYDRANTS SHALL If HAVE CLEARANCES OF 1/2 ON THE FRONT SIDES. 14. ALSO' WITH A 4 F[ CLEARANCE TO THE REAR OF THE HYDRANT PER NFPA 1, SEC. 3-5.5 15. CONTRACTOR SHALL COORDINATE RELOCATION OFPOY0�R /b LIGHT --��'r-'- POLES WITH WITH THE LOCAL UllL|TY COMPANY. ALSO THERE SHALL BE A 2. HORIZONTAL CLEAR�NCE FROM THE EDGE OF SIDEWALK TO ANY VERTICAL STRUCTURES. 15. AJ APPU�ANTS EXPENSE THE CITY OF CLEARWATER WILL REMOVE .� RELOCATE I i " I � Z;: -'A . . , - , 6- �1' 11 . I , :,i I,; f,� __7____ - -, I . ANY/ALLWATER METERS THAT HAVE TO BE RELOCATED AS PART OF THIS DEVELOPMENT INCLUDING RECLAIMED WATER METERS. (NO METERS SHALL BE Invert = 'fiC1.20'," � - - . ::� "', - 4 -4-11 �_ - "61 - , 4 L--if-4 I,", �. - �, . � U -,� . N X i I " .-- - .1 "., ,-,if- '" � : n Lj_-k4' Z : ____ -1 EI 0 1 1 Hl�l 71 �> LOCATED WITHIN ANY IMPERVIOUS AREAS.) n ~ 10. ALL PLANTINGS WITHIN �NYEASE�ENT00�L BE INSTALLED AT THE PROPERTY L_ I 1 1, I �, L4; �. �l �'. , - _ zz ,3.)�> /N_k . .."q ..� 2 ;7 ,,I- , OWNER'S RISK. THE CITY WILL NOT BE RESPONSIBLE FOR ANY/ALL UPROOTED OR DAMAGED PLANTS Y0TH|M EASEMENT(S) IF THE CITY NEEDS TO MAINTAIN/REPLACE 8'Palm i I\\ \ I __1 I I N. � - I � . CC, I Z:�, � & REPAIR z EXISTING UTILITY MAINS. 17. |F THE PROPOSED PROJECT NECESSITATES INFRASTRUCTURE MODIFICATIONS TO SA SITE-SPECIFIC WATER CAPACITY AND PRESSURE REQUIREMENTS �,, �', i 'i �', 1 F1 , I i '. " � -1 1, , , ---T' __ , M" . _'.. * I - `�" - . YY��TE�ATER CAPAC|TYREQU|RE�ENTS. THE MODIFICATIONS SHALL BE COMPLETED BY APPLICANT AND ATTHE|R EXPENSE. |F UNDERGROUND WATER MAINS AND ,� � Top = 3A6. t�, ) L)I I A �i . . . L��--: __7: � if X HYDRANTSA�E TO BE INSTALLED, THE INSTALLATION SHALL BE COMPLETED AND \ \ �A� j 1. - 1;, I i - . ON |N ACCORDANCE WITH RE @EPARTWENT |N SERVICE PRIOR TO CON8TRUC REQUIREMENTS. 18. CITY RIGHT-OF-WAY ARE REQUIRED FOR EACH PROPOSED UTlUTY �~ CONNEC�ON TO TAKE PLACE |N CITY STREETS. CONTACT DON �ELONE FOR MORE RELOCATE WAJ INFORMATION (7�7- z 1Q. THE C|TYOF CLEAR�ATER YMLL PR0VlDE �ATER TAP. SETTHE �ETER AND A A I 11 �y --+-_--�� B.F'P.D. |F APPUCABLE. APpUCANT|S RESPONS|BLE RJR ALL ASSOC|ATED FEES if ' � AND ALL OTHER INSTALLATION FEES. / 20. ALLFDC'S SHALL BE LOACTED WITHIN 40 FT. OF FIRE HYDRANT ATLEAST15 F[ FROM THE FACE OF BLDG. FDC'S AND FHA'S SHALL BE LOCATED ON THE SAME SIDE DFTHEROAD� fl) �, . 21. SE�ER �ND �ATER |�PACTFEES 3HALL BE PA|D BY THE DEVEU]PER PR|OR TO T. / |3�UANCEOFTHE BUILDING PERMIT. CONTACTSTEVEDOHERTYAT�27-5�2-4773 22 WHERE UNDERGROUND WATER MAINS AND HYDRANTS ARE BE INSTALLED, THEY /|��� SHALL BE INSTALLED. COMPLETED. AND IN SERVICE PRIOR TO CONSTRUCTION AS �� / PER NFPA-241. A HARD ROAD SURFACE ABLE TO SUPPORT THE WEIGHT OF FIRE -- APPARATUS PRIOR TO ANY BUILDING CONSTRUCTION BEING STARTED. REQUIRED , if Traffic STANDPIPE SYSTEMS SHALL PLACED BEFORE CONSTRUCTION CAN PROCEED TO ^'. columns ' ~`' 3igno| Box NEXTLEVEL ALL UNDER�ROUND HRE UNE5 AND HYDRANTS �HALL BE |N3TALLEU BY A CONTRACTOR WITH CLASS |. ||. OR VUCEN�E. X l`''-'-- � ��� � /�//mo �*m/|*xy mm *mu |mv��|u u�*LL�L �|�LU v�M|MLD BY CONTRACTOR 11 PRIOR TO CONSTRUCTION. / �� �4. ALLSAN|TARY �E�ER P|PE3 LOC�TED UNDER ROAD3 �ND VEH|CLE ACCE3� AREAS �3 ° �� Storm �H � . 1 11 ~ / SHALL BE D.|.P WITH INTERIOR OF PIPE COATED WITH EPDXY PR0TECTD 401". nrrr Rim 387 25. DUCTILE IRON PIPE MUST BE INSTALLED BETWEEN ANY TAP AND WATER METER. ~ � |nv 24'' RCP DUC�LE IRON PIPE MUST INSTALLED BETWEEN ANY AND 8ACKFL0YY ~' ^ PREVENTER ATLEASTONE J0|NTOFDU�OLE IRON PIPE SHALL 8E INSTALLED ON ����� '��� �` |nv 24 RCP � - ANYSERNCE SIDE OF ANYBACKFLOYYPREVENTE� ' Cx�' . - �`� 2�. GATE VALVES 3HALL BE |NST�LLED ON BOTH S|DES 0F ANY PR0POSED BACKFLDYY Em . DEVICES. / 27. DUC�LE|RON WATER MAIN SHALL BE COATED IN ACCORDANCE WITH CITY OF 11 I � //- / CLEAR�ATER CONTRACT3PEC|RCA�0NS AND STANDARDS SECTION {|Y). TECHNICAL cc w SPECIFICATIONS A��CLE 41, SEC 41.2.2.1. 2O. 3EE F/RE PROTEC�ON PLAN3 FOR APPR0X|WATE L0CA�ON OF ED�C. CONNECTION. o' F.D'C. 3H0#N ON C|\4L PLAN3 �RE FOR �RApH|CAL PURPOSES ONLY. 1 f , , 4 � . . ., , , �i I !f if , / 29. THE CITY OF CLEARWATER WILL PROVIDE WATER TAP, SET THE METER AND 8.FP.D. EL (BACK FLOYY P�EVENTER DEYK�E) APPUC�NT|� RESPONS|BLE F0R ALL ASSOCIATED FEES AND ALL OTH�R INSTALLATION FEES. 50. A SEpERATE RIGHT-OF-WAY USE PERMIT WILL BE REQUIRED FOR ALL WORK WITHIN . - - � - '414 - . � , , .1 1 _7= - THE RIGHT-OF-WAY OF ANYADJACENTSTREET(S) THAT ASSIGNED TO THE I - I DRAINAGE NHOIL' , I- d ,�!, \ - �|�i SEE DON MELON (727) �O2-47SD |N ROOM �2�O AT THE WSO (MUNICIPAL ��- SERVICES BU|LD|NG\. ,11 �� 51. THE CITY CLEAR�ATER, AT APPLICANT'S EXPENSE, WILL RE�0YE/RELOCATE ANY/ALLWATER METERS THAT HAVE T0 BE RELOCATED AS PART OF THIS DEVELOPMENT, INCLUDING RECLAIM WATER METERS. (NO METER SHALL BE LOCATED �P WITHIN ANY IMPERVIOUS AREAS). ` 32. ALL ASSOCIATED FEES WITH THE INSTALLATION OF THE F.H.A. SHALL BE PAID BY �� TH[ /OWNER /CONTRACTOR. 79 sl op I 33. NEED TO INSTALL AT LEAST ONE JOINT OF DUCTILE IRON PIPE ON THE SERVICE /���� SIDE B.EP.D .� GATES VALVES ((�V.) ON BOTH SIDES OF THE B.F.P�D� n o� 34. FIRE HYDRANTS GREATER THAN 10 FEET IN LENGTH SHALL HAVE GATE VALVE �� INSTALLED PER CITY OF CLEARWATER LAND DEVELOPMENT CODE. HYDRANT ~J~ ASSEMBLY WATER MAIN SHALL DUCTILE PIPE AND SHOULD HAVE � ~/�_ GATE VALVE (�.K\ AT THE TEE SIDE OF THE BRANCH L|NE. AND AT THE FIRE �� HYDRANTA�SE�BLY(F.H.A.� �� Y./ �` �� 35. ROOF RUN-OFF YY|LL �E CONYEYED TD THE �TOR�Y�(TE� VAULT\NT��NAL�� 3EE � /y �� WECHAN|CAL PL�NS FOR DE5|CN AND DET�|LS. , �� ~r lIl // I �1.11 .1 z i L11 SEE DETAIL 11"F`IGHT - I � "Ir- , ''' 2 ��____� 7. FIR If I �- ' - %, z , `t,4�,'! .- _- " �� ' �� � I , '/ // // - // // // �� ' / /� / ° PROJECT#: 624-07 / / x / / ��� / / /����� � / *' ORGINAL DATE: / // �Sl -. // --i '� 7 y t5_,, 't // / // ) I // / .1 I ''� -------� � '�� e~�7� � ~��\ / / �=��� N��@ �=�'Z7 /I // / � / 0 11. • , I , _nlo I TRAFFIC GRATE V. 2.20 —ASE SKIMMER 3 SIDES I EL 2.40 TTOM EL 1.60 'X30" ERCP . ELEV. (-)1.75 OF STRUCTURE (—) 1.75 —REFER TO STRUCTURAL DRAWINGS TOP SLAB FOR SLAB DESIGN EL. 4.75 4 18' 1271 4 12" THICK CONC. rBOT EL. ()0.251...- 4d A -4 4 56" WIDE UNDERDRAIN 7RENCH (SEE DETAILS THIS PAGE) STORM WATER VAULT CROSS SECTION WIDTH N.T.S. E O C14 G6 cv E E -4 IW.=(-) 1. 5 CONTROL STRUCTURE DETAIL CROSS SECTION N.T.S. CLEAN-OUT CAP FILTER BOTTOM 40 L.F. OF EL (-) 2.25 6' PERFORA D 6" SOLID PVC PIPE W ( W/ 90* ELBOW PV P 1 . SOCK INV. =(-) 1.75 UNDERDRAIN TRENCH / CLEAN OUT CROSS SECTION N.T.S. .9617, 01111111111111 MN=51 N.T.S. HANDICAP RAMP DETAIM I.,—GALVANIZED METAL SIGN POST WITH 3/8" CURB HOLES DRILLED ON I" CENTERS FINISHED J4 4 4 4. '47 GROUND 0 12" 1 -1 /2 "R 1 "DROP BLUE 2 0 1/2" WIDE < 000 PSI CONC, 6" THICK z 1/2- WASHED BACKGROUND IMPERVIOUS MEMBRANE RNU ROCK WHITE BORDER cl� gj 4 w AND SYMBOL 1111111111111111 4 SIGN z 6 it FILTER BOTTOM 40 L.F. OF EL (-) 2.25 6' PERFORA D 6" SOLID PVC PIPE W ( W/ 90* ELBOW PV P 1 . SOCK INV. =(-) 1.75 UNDERDRAIN TRENCH / CLEAN OUT CROSS SECTION N.T.S. .9617, 01111111111111 MN=51 N.T.S. HANDICAP RAMP DETAIM I.,—GALVANIZED METAL SIGN POST WITH 3/8" CURB HOLES DRILLED ON I" CENTERS FINISHED 12" GROUND 0 FTF - 25 1 -1 /2 "R 1 "DROP BLUE 2 0 1/2" WIDE < 000 PSI CONC, z BACKGROUND WHITE BORDER cl� gj w AND SYMBOL 1111111111111111 0 SIGN POST DETAIL N.T.S. m UNDERDRAIN CLEAN-OUT--/ 9 FLUSH xl8*xe CONC. COLLAR AT PAVEMENT EL. 4.75 IMPERVIOUS MEMBRANE (30 MIL 6" THICK 6" SOLID PVC BOTTOM 1/2- WASHED w/90' LONG OF VAULT RNMM ROCK SWEEP ELBOW 1\ N d -c,4 -FILTER .--:' MEDIUM� 6"PVC IE. - UNDERDRAIN 1.75 UNDERDRAIN CLEAN-OUT DETAIL N.T.S. SEE INDEX NO. 301 3' APPROVED BARREL JOINT SEALS ARE 'O'-RINGS AND 'RAM-NECKS' TWO CONTINUOUS RINGS AT ALL JOI ALL JOINTS SHALL BE SEALED. 4' MIN. 12' MIN. 2'/FT, J_ xv 8, jilim ma. . f Grout flow channel POST OPTIONS: 2"x4" OR 2.5"DIAM. WOOD; 1.33LBS./Fr. MIN. STEEL FILTER FABRIC IN CONFORMANCE WITH SEC. 985 F.D.O.T. SPECS. OR EQUAL EXIST. GROUND PRINCIPAL POST POSITION, CANTED 20' TOWARD FLOW FILTER FABRIC EXIST. GROUND CONCENTRIC CONE (FLAT COVER ON SHALLOW MANHOLES 0' TO 4' DEPTH) — STEEL REINFORCEMENT 5' MIN, WALL THICKNESS TYPE II ACID RESISTENT CEMENT 4000 PSI GROUT FILL OPENING WITH NON-SHRINK MORTAR 2' JOINT IN PIPE ENTRY (TYPICAL) PVC PIPE REQUIRES MANHOLE ADAPTER COUPLING BY FLO CONTROL INC. OR APPROVED NOTES WATER STOP COUPLING, HANDICAPPED PAVEMENT SYMBOL N.T.S. off • PROPOSED GRADE 611 1 PAVEMENT N.T.S. k_^1 4 milli, N-1111111191 IL L PLANNING KEITH ZAYAC & ASSOCIATES, INC. (7 2 7 ) 7 9 3 - 9 • 8 • 701 ENTERPRISE ROAD E, STE 404 SAFETY HARBOR, FL 34695 WWW.KEITHZAYAC.COM EB 9351 — LC 2600212 12" 0 FTF - 25 1 -1 /2 "R 6i BLUE 2 0 1/2" WIDE < 0 z BACKGROUND WHITE BORDER z w AND SYMBOL 1111111111111111 0 0 w it SIGN SPECIFICATIONS 'r 00 (L U) 18"x`12" LOGO SIGN PARKING BY DISABLED "C" 2. 2 SIGN COMBINATION W HITE I" SERIES REFLECTIVE SHEETING BACKGROUND PERMIT LETTERS ONLY 1/2" BLACK 3 LETTERS TO BE "C" BORDER 1" HIGH SERIES _,",5" 4 SIGN TO BE MADE OF $255 FINE .-l" ALUMINUM WHITE SHEET NO. C7 of C9 BACKGROUND 5. POST TO BE MADE OF F.S. 318.18 GALVANIZED STEEL (SEE DETAIL) 3" 621 3n 6, SIGNAGE PER A.D.A. FM—W REOUIREMENTS HANDICAP PARKING SIGN DETAIL N.T.S. m UNDERDRAIN CLEAN-OUT--/ 9 FLUSH xl8*xe CONC. COLLAR AT PAVEMENT EL. 4.75 IMPERVIOUS MEMBRANE (30 MIL 6" THICK 6" SOLID PVC BOTTOM 1/2- WASHED w/90' LONG OF VAULT RNMM ROCK SWEEP ELBOW 1\ N d -c,4 -FILTER .--:' MEDIUM� 6"PVC IE. - UNDERDRAIN 1.75 UNDERDRAIN CLEAN-OUT DETAIL N.T.S. SEE INDEX NO. 301 3' APPROVED BARREL JOINT SEALS ARE 'O'-RINGS AND 'RAM-NECKS' TWO CONTINUOUS RINGS AT ALL JOI ALL JOINTS SHALL BE SEALED. 4' MIN. 12' MIN. 2'/FT, J_ xv 8, jilim ma. . f Grout flow channel POST OPTIONS: 2"x4" OR 2.5"DIAM. WOOD; 1.33LBS./Fr. MIN. STEEL FILTER FABRIC IN CONFORMANCE WITH SEC. 985 F.D.O.T. SPECS. OR EQUAL EXIST. GROUND PRINCIPAL POST POSITION, CANTED 20' TOWARD FLOW FILTER FABRIC EXIST. GROUND CONCENTRIC CONE (FLAT COVER ON SHALLOW MANHOLES 0' TO 4' DEPTH) — STEEL REINFORCEMENT 5' MIN, WALL THICKNESS TYPE II ACID RESISTENT CEMENT 4000 PSI GROUT FILL OPENING WITH NON-SHRINK MORTAR 2' JOINT IN PIPE ENTRY (TYPICAL) PVC PIPE REQUIRES MANHOLE ADAPTER COUPLING BY FLO CONTROL INC. OR APPROVED NOTES WATER STOP COUPLING, HANDICAPPED PAVEMENT SYMBOL N.T.S. off • PROPOSED GRADE 611 1 PAVEMENT N.T.S. k_^1 4 milli, N-1111111191 IL L PLANNING KEITH ZAYAC & ASSOCIATES, INC. (7 2 7 ) 7 9 3 - 9 • 8 • 701 ENTERPRISE ROAD E, STE 404 SAFETY HARBOR, FL 34695 WWW.KEITHZAYAC.COM EB 9351 — LC 2600212 9 :i 0 6i 2 0 < 0 z z w 1111111111111111 0 0 w it of 'r 0- (L U) 9 1111111111111111 ORGINAL DATE: SHEET NO. C7 of C9 F--- C14 C%4 0 LN LQ ca I C• c CN 0 6 0 0 E E z° � c fU L 36' 23' co 1. r® 2 Machi S ned urfac RING - SECTION i°iuL_rnneu �,ur"ruL-e• -- Minimum Weight 7' 232 lbs. SOLID COVER SECTION 9' 278 tbs. Connecting Piece w /integrally Restraining Joint CTypJ Minimum Weight 128 lbs. cast Mech. Joint Gland on NOTES one End -D.I. Rotatable Mech. 1. Where roadway base Is 8' or thicker use 9' ring, CITY 13F CLEARWATER, FLORIDA Joint Gland on Other End. C all other cases 7' ring is permissible. ENGINEERING DEPARTMENT PUB 2. Manufacturers model of storm ring and covert REDRAVN BY BATE NOTES, BY Novo be approved by City Engineer. CHECKED By SANITARY SEWER Na 1. All Fire Hydrants to have 5 1/4' Valve Seat. B 1 9/25/% Meted Sheets 2 6 V.J.S. V..1.S MANHOLE COVER 3D1 REV. BATE BESCRIPTM � sum BY 1 MS 2 2. See Index # 407 for Jack & Bore Details. M. �,� � By Tapped Plug END CONNECTION NOTES, L All concrete to be 3 p.s.l. with fiber nesh reinforcing. 2 P.V.C. pipe entry requires manhole adapter coupling by Flo Control Inc., or approved water stop coupling. 3. Manholes shall have a water proof Bituminous Coating on the exterior & interior. Koppers bltumastic black solution 300M, or Proco EP -214. RM TYPICAL VALVE SETTING 2` Ball Valve✓ n.ts. Hose Bibb --- --" 3/4' Galvanized--- CITY OF PUBLIC FEW. DATE AAA See Index No. 301 Varies If f Bottom Of Corbel r� . . r. � • Clay Brick Masonry 1/2' Cement Plaster SECTION A -A Crown of drop pip shall match crown G of outfall pipe fc 3 at 12° E.W. outfall pipes of 1 5 at 10° E.W. or larger. Pa B Sa D 4= U C OM a A 8" Joint I 24' Max Me Entr 12` - pica( 3' -6' 6' Max 4' Mttom F Bottom Of Corbel r� . . r. � • Clay Brick Masonry 1/2' Cement Plaster SECTION A -A Crown of drop pip shall match crown G of outfall pipe fc 3 at 12° E.W. outfall pipes of 1 5 at 10° E.W. or larger. CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT RE%I ,VON BY BRICK MASONRY 9 9T 1 4A� R.g R.a OflXDKEO BY MANHOLE DETAIL ttmEx N0. BY SANITARY SEWER 30'' REV. DATE IIESCRIPTM APP. ni mT mr nDnD . n a Adjustabl Valve Box\` o L Water Main Mech. Joint Val Restraining Joint X00 1' at All ° Drives All Drop Drivvest Wearing �r Surface Wearing Surface 3/4`R / a • Base ::�:::.•- .••.•• Base A. • Compacted Subgrade.: ` . 6` 12 .12' Compacted r \N r \s /`� `Subgrade MODIFIED CURB NOTES 1. There shall be a 1/2• VALLEY GUTTER CURB seal joint between back 5° 1° of curb and driveway. 1 -1 /2'R 2. Concrete In curbs shalt f— i -3/4 °R #3 Bar be 3000 psi, with fiber 3/4'R 9° 9° Cont. Wearin mesh reinforcing. / Surface Surface / :q:::•. \\ 'b: ': °:D::d:= Base #3 Bar, 10° Long, 6® 36' O.C. Base /\ Compacted Subgrade \ MEDIAN CURB \� Compac�ted'Subgrade. CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION �w By L� PIN / DOWELLED CURB , 4A� Ra p er TYPICAL CURB . 1/92 V -is. CROSS- SECTII3NS mt W4 DATE AM cN BY 2 �• 2 AV O O O O 0 0 0 Top View Approved Backflow _X Ford Meter Flange Prevention Devic(Flanged) Ford Angle Valve(Planged) Flow Brass Nipple Meter �,/ --- (Flanged) � N i a d E D N +' Z 12' m i U C ■ ■ DETAIL CITY OF PUBLIC l 1 � 1 DATE ( I I' A.ST' r--- . O O FLOW f —�" Tapped Flange -� ' Brass Nipples 2' Backflow 7Tapped lange Batt Valve -/ (Typ.) Preventer 90° Brass E rass Ell BYPASS DETAIL Approved Backflow Prevented Resilient Seat Plate Strainer Resilient Seat ❑S & Y Valve ,/- OS & Y Valve Flanged Tee\ � Flanged Tee Flanged 90° Bender Flanged 90` Bend Oo 0 0 0 0 o O �Uniflange Meter 12• //._'7_\ �^ D.I. Pipe 111 -./ �- M.J. 90° Bend M.J. 90° Bend----" Flow TYPICAL SINGLE DEVICE 1/2' and 2' MODELS TYPICAL COMPOUND WATER METER SET Exist, Water Main A B C D E F Shallow 0'- 4' 2' -6' 4' Max 3' -6' 24' Max 8° # Standard 4.1'- 6' 3' -6' 6' Max 4' 30' Max 8' # Dee 6.1'- 10' 3' -6' 7' 10' 4' 36' Max 12' #5 at 10' E.W. Dee 10.1'- 14' 3' -6' 7' 14' 5' 36' Max 12' #5 at 10' E.W. CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT RE%I ,VON BY BRICK MASONRY 9 9T 1 4A� R.g R.a OflXDKEO BY MANHOLE DETAIL ttmEx N0. BY SANITARY SEWER 30'' REV. DATE IIESCRIPTM APP. ni mT mr nDnD . n a Adjustabl Valve Box\` o L Water Main Mech. Joint Val Restraining Joint X00 1' at All ° Drives All Drop Drivvest Wearing �r Surface Wearing Surface 3/4`R / a • Base ::�:::.•- .••.•• Base A. • Compacted Subgrade.: ` . 6` 12 .12' Compacted r \N r \s /`� `Subgrade MODIFIED CURB NOTES 1. There shall be a 1/2• VALLEY GUTTER CURB seal joint between back 5° 1° of curb and driveway. 1 -1 /2'R 2. Concrete In curbs shalt f— i -3/4 °R #3 Bar be 3000 psi, with fiber 3/4'R 9° 9° Cont. Wearin mesh reinforcing. / Surface Surface / :q:::•. \\ 'b: ': °:D::d:= Base #3 Bar, 10° Long, 6® 36' O.C. Base /\ Compacted Subgrade \ MEDIAN CURB \� Compac�ted'Subgrade. CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION �w By L� PIN / DOWELLED CURB , 4A� Ra p er TYPICAL CURB . 1/92 V -is. CROSS- SECTII3NS mt W4 DATE AM cN BY 2 �• 2 AV O O O O 0 0 0 Top View Approved Backflow _X Ford Meter Flange Prevention Devic(Flanged) Ford Angle Valve(Planged) Flow Brass Nipple Meter �,/ --- (Flanged) � N i a d E D N +' Z 12' m i U C ■ ■ DETAIL CITY OF PUBLIC l 1 � 1 DATE ( I I' A.ST' r--- . O O FLOW f —�" Tapped Flange -� ' Brass Nipples 2' Backflow 7Tapped lange Batt Valve -/ (Typ.) Preventer 90° Brass E rass Ell BYPASS DETAIL Approved Backflow Prevented Resilient Seat Plate Strainer Resilient Seat ❑S & Y Valve ,/- OS & Y Valve Flanged Tee\ � Flanged Tee Flanged 90° Bender Flanged 90` Bend Oo 0 0 0 0 o O �Uniflange Meter 12• //._'7_\ �^ D.I. Pipe 111 -./ �- M.J. 90° Bend M.J. 90° Bend----" Flow TYPICAL SINGLE DEVICE 1/2' and 2' MODELS TYPICAL COMPOUND WATER METER SET Exist, Water Main NOTE, NOTE, 1 1. G S & Y Valve Handles will be Chained and Lacked. Device must be Installed level. 2 2. Meter Sets will be Painted After Installation. 3. Bypass Pipe & Fittings Shall be Threaded Brass. SERVICE CONNECTION DETAIL NRTESi L. WATER MAINS TO BE ON NORTH or EAST SIDE OF R.O.W., APPROX. 4 FT, BACK OF CURB UNLESS OTHERWISE AUTHORIZED BY CITY ENGINEER. 2, SERVICE CONNECTIONS TO BE 2 FT, FROM SIDE LOT LINE ON EITHER SIDE OF LOT (SEE SHEET NO. 3 ), THESE SERVICES TO BE CONSISTENT WITHIN THE SUBDIVISION. DRIVEWAYS SHALL NOT BE BUILT OVER METERS, 3. ALL LINES SHALL BE CHLORINATED and PRESSURE TESTED (TEST FOR ONE HOUR @ 150 P.S.IJ UNDER THE DIRECTION OF THE UTILITIES DEPARTMENT, AFTER SUCCESSFUL COMPLETION OF THE TESTING and CHLORINATION, THE PRESSURE SHALL REMAIN ON THE SYSTEM AT ALL TIMES. 4. TEN FT, SEPARATION REQUIRED BETWEEN PARALLEL WATER & SANITARY SEWER LINES. 5. SADDLE IS REQUIRED FOR ALL SERVICE CONNECTIONS TO 4' PVC MAINS. SADDLE IS REQUIRED FOR 2' SERVICE CONNECTIONS TO 6' and LARGER PVC MAINS. LARGEST SERVICE CONNECTION TO A 4' MAIN IS 1 1/2' and LARGEST TO ANY MAIN IS 2'. 6. MINIMUM DISTANCE BETWEEN SERVICE TAPS TO BE NOT LESS THAN 36'. Threaded Corporation Stop Curb Stop MUELLER H15008 //_ MUELLER H14350 with Lock Wing and or approved equal Compression inlet or approved equal (Tap at 45° Angle) Saddle if Required See Note 5 Water Service Tubing Driscopipe 5100 or Endot /Yardley addle shalt have double �X,� Blue Jet, SDR 9, 3408 Polyethylene tainless steel straps ith epoxy coated I SEWER CLMARAlrMICES N.T.S. SECTION sidewa =5z A Doubte -Sweep Te 30' -36' or as Directed by the City CITY OWNED HOMEOWNER OWNED AND AND MAINTAINED MAINTAINED ervice Lateral ANY VARIANCE MUST HAVE WRITTEN APPROVAL OF THE CITY ENGINEER. CITY OF CLEARwATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING a 3/04 RGOINd Par uwMM N h STREET LATERAL 10 /°iti'ia Q SAM y� as R� a4ECKM BY DETAIL e®o1 Mw FM DATE M.P. ® M9Y 1 3 FLORIDA TRATION -DATE 4 10F1 n.t.s. CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION 3 Of 5 Stop Less Check MUELLER H14350 with Lock Wing and Compression inlet or approved equal Threaded Corporation Stop MUELLER H15008 or approved equal C TAP AT 45° ANGLE ) Saddle required on 4' P.V.C. only Water Service Tubing Saddle shall have double `,X,r Driscopipe 5100 or Endot /Yardley stainless steel straps r Blue Jet, SDR 9, 3408 Polyethylg�ie with epoxy coated ductile iron body. Water Main CHLORINATION TAP lv 8/7/95 hg Service T kkg typ GLH REM I DAE I M=WTEN I APP. A CLEANOUT PLUG CHARLOTTE Pipe And Foundry Part No, 106 Or Equal Concrete Pad 8'-J u1-4:5 Thick x 1' -6' So. CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING j CHLORINATION TAP AlEIF °Y See NOTE For Traffic Bearing Cover. FEMALE ADAPTER CHARLOTTE Pipe And Foundry Company 3art No. 101 Or Equal Plug N.T.S. A CITY OF CLEARWATER, FLI3RIDA NOTE, Cleanout Plug Cover To Be ENGINEERING DEPARTMENT U.S. Foundry 7623 Or Equal. Q STANDARD 95 3/04 Reied Per UtNtls RSF. U EEK5 BY MEK rm. VJS. CLEAN OUT 304 REV. DATE IESCRIPTI @i App, APFRUV . By nn nry 2 eft j ,MC PLANNING ('l ��++ ds I L 9 INC. (727) 793 -9888 w I ID a ui ¢ U z _j U U Z w W I- W t _ EL D_ rn . • a i a . • a i a SITE DATA ourist District + + GI 4 45 4 Mixed use (250 00f Proposed Land Use S ,,245 overnight accomodation units + 18 Condominium units X X, 150,-On X � X Maximum Building Height ht, \ / I X / I ,- A Lot Size 70,M S.F. /K 0 0 A ... X,* CONSTRUCTION TYPE Type 1 0 A Building Type Highrise OCCUPANCY TYPE Mixed Occupancy -- (See Note) FLOOD INFORMATION Flood Zone Base Flood Elevation Actual Habitable First FloorElevation R1/R2/M/S _T X .. .... F-4 7,TT > 7 v RRACE 4< < , cd .... ....... 5 y �j ........ ERRACE x 4 X, A 4 66,�N ...... ................. < < �J. .......... I Ip' -EF IX _X_ Z Z LAND USE ANALYSIS OWN > 'SIDEW-A X < LAND USE AREA PERCENTAGE < )< < 1< < > Lot Area Gross 70,999 SF 100 X K X X ) IX .......... Building Lot Coverage 70,252 SF SITE DATA 6,465 51,555 6,387 PROPOSED 56,932 5,339 5,060 T 4,573 ZONING 506 4 1,375 47,576 RFH 1,185 LAND USC- 6 1,237 17,390 250 HOTEL UNITS 1,182 USAGE- 18 CONDO UNITS 9,504 35,005 3,699 70M S.F. 8,317 LOT AFEA., 22,745 (1.63 ACRES) 4,485 DENS" 168 UNITS PER ACRE 4,533 (HOTEL UNITS) 4,533 FRONT: a MR 4,533 BLDQ. SMACKS 14 4,533 15 SIDE: a MR 16 BLDCL HEEIGHT- 1w 17 PAVED VEHICULAR USE AREA Map. (V•UA) 296,876 5F 51,950 SF IMPERVIOUS SURFACE RATIO: (LS.FL) 1W.F. OPEN SPACE: A519 S.F. (SP. + X OF GROSS SITE) PARKING; 753 SPACES PARKING CALCULATIONS 250 HOTEL U1Nrrs X I PARKING SPACE PER UNIT 250 SPACES 18 CONDO UN98 X1.5 SPACES PER UNIT - 27 SPACES TOTAL REOUIRED 277 SPACES 758 TOTAL SPACES PROVIDED 277 TOTAL SPACES nEouRED - 481 SPACES REMAINING, OF WHICH 400 ARE FOR PUBLIC USE 1 6,465 51,555 6,387 2 56,932 5,339 5,060 3 4,573 45,238 506 4 1,375 47,576 5 1,185 47,393 6 1,237 17,390 7 1,182 47,380 7/8 9,504 35,005 3,699 8 8,317 22,745 9 4,485 10 4,533 11 4,533 12 4,533 14 4,533 15 8,300 16 3,508 8,543 17 3,469 5,010 128,664 SF 296,876 5F 51,950 SF PARKING LEGEND COUNT PUBLIC PARKING SPACES (P) 400 PRIVATE CONDO SPACES (PC) 32 HOTEL & VALET PARKING 321 TOTAL PARKING 753 2% HC SPACES FE-OUFM FW PAIWING (500-1M) I MM' 739 + M (ACCESS) - 753 SPACES. -� zL 7 G. A D 4 y ....... K y X < X X 4 J �4 POOL • 4 < V, of ........... • V1, IN, V" X K W* ii le" 00 w IN 17-STORY -CONDO/HOTEL- BUILDING reg ZL ZONING PLAN SCALE: 1 /1 6"=V-011 1 a II l II 01/12/07 ORIGINAL RECONED JAN 16 2007 PLANNING DIPARTwNT CITY0CLIEARWAM -3 �d Iw # 06-037 1 mom ���r�Ir �� �o����� +i'� ®III ■��� ■�A����� 00 w IN 17-STORY -CONDO/HOTEL- BUILDING reg ZL ZONING PLAN SCALE: 1 /1 6"=V-011 1 a II l II 01/12/07 ORIGINAL RECONED JAN 16 2007 PLANNING DIPARTwNT CITY0CLIEARWAM -3 �d Iw # 06-037 1 \ � PRIVATE CONDO SPACES ( � }�} � � , ` � � . � \ �j � \ \ d \ �j PARKING LEGS D PRIVATE CONDO SPACES ( |� x ZL | � \ ( � | � � . a | § ! { | � ¥ P ( � � | } | & ) * � ! � ) | ) I ! � . } | ) | ) | � ] a � ) � | | \ � 2 a } ) f g 5 Ol/12/07 . 2 d1906- WIM", }�} � ` � . ■ Ol/12/07 . 2 d1906- WIM", r LINE OF AWNNGS AB E.1 v- ra TOTAL PARKING 1 2 4 6 7 7.� HOTEL LEVEL 2 FLOOR PLAN SCALE: 1/16" = 1' -" ELEV. + 11' -" 10 w e _ tiJ - lJ 0 I a 4 J a 01/12/07 2450 Iw # 06 -037 lusillm I iiiiill � � 11 � ''ill 1� I i i � I 'I iroloftlll� SCALE: 1/16"= l'-O" ELEV. + 26-11" PARKING. +28'-3" CONDOMINIUM LEVEL A' 0 6 01/12/07 2450 w # 06-037 mmiffim |�� TOTAL PARKING . / | | _ � | | / ( Vm�---- -[----r---n�� ���-----------�----�-T--�- | | y , 6' q1' CID ( A-10.0 MArCHLINE . ......... .. ---r � | \ ----�- ---------�----l�� ] CAl BEL OW / REVISIONS BY A\ PLAN REVISIONS 12/15/06 CLB I AMINOR REVISION BREspoNsEs ino/od CLEI _ N� �� d 3 � � AMMON PARKING LEGEND PRIVATE CONDO SPACES (PC) T I T 6' -g., MA 61H-LINE A-A o ORIGWAL RECEIVEr, AN - - PIANNliv" — - — - — - CITY OF TEP 0. op 0 2'- 3 Y2"O STEEL GUARDRAIL J1 F p a 'a Fi[I*M lffll A' y Sg 01/12/07 2450 d1w # 06-037 T I 6f, PRIVATE CONDO SPACES (PC) 1 Will, 118111 �� �� � . � � � 2 All Ln �� �� � . � � � TOTAL PARKING CID A- 10.0 MArCHLIN A-A & - - - - - - -�- - -4- - L PARKING LEVEL 7 FLOOR PLAN +59'-7" tlY2" 0 STEEL GUARDRAIL J1 0 0 O 01/12/07 - 2450 d1w # 06-037 153 154 J1 0 0 O 01/12/07 - 2450 d1w # 06-037 TOTAL PARKING 2 A -10.00 n .00 231'-o 2 o" 19,-o" e- r C) 291 29 293 294 1 295 296 1 289 290 1 202 283 284 285 1 280 1 287 288 1 zb 297 T 00 P G B ANGLE GARAGE R I 00,0� ...... ONE WAY IVE REVISIONS �j11�l I III IL�i�tl,x CI 1,® d ONE Ln 53 COND -- PARKING A B D I - l - — - — - ol -- M IN HC T UNI /—MIR 10 'SPACE r r D6 1 It 273 272 271 2 0 269 268 267 266 264 26� 260 258 256 254 II -104 Ln —4m) E. 3 I 265 26� 261 259 57 255 00 2 A-10.00 CD 100, 1 12 (2 82'-8" 4 ;1-011,0 10 le 231' -0" SCALE: 1/1611 PARKING LEVEL 8 ELEV. +681-011 CONDOMINIUM LEVEL 7ELEV. +66'-11" w x y 6 NJ u q Vill kiln, e'll, 01/12/07 3 i B -3 2450 d1w # M-037 7 ---------------T�/ ____-______________`@ ________________ ------------------�-lX/ / HOTEL LEVEL 8 FLOOR PLAM N� = � -3 -0 ----T- SCALE: 1/16"=l'-O" ELEV.+87'-ll If ffir jr y I rt ff ti 01/12/07 - 2450 f1w # 06-037 ImMi''ORM _ T-1 | � | | | | | | _____ | | / - T - | � / ��r------ -- -------- -- -------- V�r------ -- -------- -- -----T--- _ - -- -------- -- TEL LEVEL 10 FLOOR P AN � ` | _ _ _ _ | | |-- -------- -- | | -- --[------ -- -�----T-- -- -------- -- -------\�� virl �� == � � � 1 01/12/07 I L @)- - ---T- T- HOTEL LEVEL 11 FLOOR PLAN SCALE: 1/16" = V-0" ELEV. + 106-911 7 UT If .14 01/12/07 2450 w # 06-037 W� M, I- T--F T i i v i _ I L as — - ---T-- T— HOTEL LEVEL 12 FLOOR PLAN • i P2 - M ® U E 1 1.2 2 HOTEL LEVEL 12 FLOOR PLAN • i P2 - M ® U E I— — n /u1 dv o 8 0. U �p O p U 3 01/12/07 2450 dlw # 06 -037 K"llom • i I— — n /u1 dv o 8 0. U �p O p U 3 01/12/07 2450 dlw # 06 -037 K"llom S 4 -W y 8 a 3 J a ti 3 01/12/07 2450 dlw # OE037 i 01/12/07 2450 dlw # OE037 -----'------- ---------------\�/ - - - | / | �------------------Y�/ | / / ' �-----------------\�/ / | /-------------------\�/ ---------------T---T---t---r------------r-- | | | - -- - -- � - -- - -� --�- --- -�- - j | | | | | / | | | -------�---- ----------------4---------�---------------------- / / | ' ---�------| --�-- -- -�| �--4- --�-���-�--�------ -�- - -��--�--�----f� ----�-��- x �� = � � � � � � |-- . � . . | -- | | | | ' | ' _ I |_ - T HOTEL LEVEL 16 FLOOR PLAN _ _ _ C-2.2 LOBBY REVERSED � � � TEL � | LA NIIJKY El . � REVERSED � ] -- ------4-- -- -------- -- --�----- -------- -- � | | | ^ ? -- -------- -- -------- -- --^------ -- -------- -- -------V�/ � � , . �� = � � � �� = / '. / | | | | | | | | | | | | | | | | | | | | | | � | . . | | � . . . | | | | | | | | | - | | | | | | | | � | ------ - - ----------�---- - -"----°- - | - | REVERSED REVERSED LE. ES Lwollillu=-- L—L DATA/ S2 Ell l ROOM, Pi P2 0.1" CORR 11 ELEV. I LOBBY +F- - �A��MN� M��UNE | | � � � � � ~� � � ~ L � � �~U��� ~~ � � �~ � -~ � � � � |- /*\ - - �� ---' - ------/- ------ -- ------ -/------ - -- - ------ - - -- 7- ------ - ------ - ------ ----��/ - | | | | | | | | | | | | ^ HOTEL ~����H LEVEL .��� FLOOR PLAN ' ��� � � ��Q @ ������0 N � ��N � �& ��� lw V � ' � � 'ZIPLAN REVISIONsio N M. 5 M.2 M 2'- L K A-10.05 H E5 F LEGEND: it 1. LIGHT TEXTURE STUCCO FINISH ON 7. ALUMINUM AND GLASS STOREFRONT ASSEMBLY 16. PRE MOLDED POLYSTYRENE FOAM DECORATIVE 25. DECORATIVE POLYSTYRENE SPHERE W/ MASONRY & CONC,i STRUCTURE 8, N/A B ND W/ STUCCO FIN. FANCTORY APPLIED SMOOTH ACRYLIC 2. TINTED VISION GLAS� (9/16- LAMINATED) 9. FABRIC CABANA -i SUNBRELLA FABRIC ON ALUM. 17. A�RYLIC FABRIC AWNING WITH ON ALUMINUM FRAME W/KYNAR FINISH. TUBE FRAME FOUR!I SIDES W/ CEILING FAN AND PAINTER ALUM. FRAME. 26. PRE-CAST COPING ppr 3. OPAQUE SPANDREL 'GLASS POWER/TEL. OUTL 294'-0" 18. 31UCC0 REVEAL �T 294'- " 5. N/A 11. MTL. OVERHEAD ROLL-UP GRILLE DOOR. 20. N/A 6. PAINTED METAL LOUVERS 12. STONE VENEER AT) SHADED AREA. 21. N/A 28. DECORATIVE METAL FINIAL 13. PRECAST CONC SCUPPER 22. N/A 29. SMOOTH STUCCO FINISH 14. N/A 23. PRECAST CONC, MOLDINGS/PANELS 6 1 24. ARCHITECTURAL PRECAST BALUSTRADES 30. ALUMINIUM TRELLIS 15. PRE MOLDED POLYSTYRENE FOAM AND URNS. 31. GLASS GAURD RAIL SYSTEM CORNICE W/ STUCCO FIN. 27 6 12 H 6 f 1Y 6 'F_ "11 -k f it &, .11, i', I "I it A, A Ir P 'It Zf �2 A -10.02 (A:-:1 0 )00 > %rA inn A 1� D2 q Public Parking o o o U 0 JN LEVEL 2 41) IN 13 I LEVEL 2 �xit_ Exit Enter- F Y r7 Tff PT=- R4: R11 xi r�\ LEVEL I z,�111111111�� E22, EL+0'-&" - N[AY.1).=5'-3` (JEN ELt•0'-O" - 1`\I14.VZ).=4'-9" L ------------ 2 UFF:: E L 71 Q4 1) Zfnil j 7 OPEN F ? 77- OPEN K. Z wh .4' :A1 gi �r��•: r, a, G 1:.� r•f tTl EIIE 8� !!.v ,rid X i F N ♦ 1 EAST EL�VATIU' SCALE: 1/8" =1 t -0" Iii 01/12/07 2450 dw # 06-037 rr Public Parking o o o U 0 JN LEVEL 2 41) IN 13 I LEVEL 2 �xit_ Exit Enter- F Y r7 Tff PT=- R4: R11 xi r�\ LEVEL I z,�111111111�� E22, EL+0'-&" - N[AY.1).=5'-3` (JEN ELt•0'-O" - 1`\I14.VZ).=4'-9" L ------------ 2 UFF:: E L 71 Q4 1) Zfnil j 7 OPEN F ? 77- OPEN K. Z wh .4' :A1 gi �r��•: r, a, G 1:.� r•f tTl EIIE 8� !!.v ,rid X i F N ♦ 1 EAST EL�VATIU' SCALE: 1/8" =1 t -0" Iii 01/12/07 2450 dw # 06-037 A B C3 D9 LEGEND: �0011=1111111! 25. DECORATIVE (P LYSTYRENE SPHERE W/ 1. LIGHT TEXTURE STUCCO FINISH ON 7. ALUMINUM AND CLATSSTOREFRONT ASSEMBLY 1(6.1 PRE MOLDED POLYSTYRENE FOAM DECORATIVE ol MASONRY & CONC. STRUCTURE i 8. N/A I BAND W/ STUCCO FIN. I El I FACTORY APPLIED SMOOTH ACRYLIC FINISH. M M, I I Ll 2. TINTED VISION GLASS (9/16" LAMINATED) 9. FABRIC CABANA — SUNBRELLA FABRIC ON ALUM. 17.� ACRYLIC FABRIC AWNING WITH IS ligm. ON ALUMINUM FRAME W/KYNAR FINISH. TUBE FRAME FOUR SIDES W/ CEILING FAN AND PAINTED ALUM. FRAME. 26. PRE—CAST CODING 3. OPAQUE SPANDREL GLASS 4. ALUM. RAILINGS 10. POWER/TEL. OUTLET MTL. OVERHEAD ROLL—UP DOOR. 18.1 STUCCO REVEAL 19.! FIXED ALUMINUM GRILLE FENCE 27. SPANISH "S" CONCRETE TILES 11 5. N/A 11, MTL. OVERHEAD ROLL—UP GRILLE DOOR. 20.1 N/A 1 "1 6. PAINTED METAL LOUVERS 12. STONE VENEER AT SHADED AREA. 294'-0' 21.1 N/A i 28. DECORATIVE METAL FINIAL I �-mmimmmlmmjm 1 1 13. PRECAST CONC SCUPPER 22. I N/ A 29. SMOOTH STLIC�O FINISH 6 14. N/A 23 94: PRECAST CONC. MOLDINGS/PANELS ARCHITECTURAL PRECAST BALUSTRADES 30. ALUMINIUM TRELLIS P-1 A71KI(s-, KIOTP 15. PRE MOLDED POLYSTYRENE FOAM 28 1 AND URNS. 31. GLASS GAURDiRAIL SYSTEM 28 CORNICE W/ STUCCO FIN. PER SECTION �606.1.4 OF THE FLORIDA BUILDING CODE, LARGE MISSILE TEST RESISTANT GLAZING SHALL BE PROVIDED WITHIN 30 FT.�GRADE AND SMALL MISSILE TEST RESISTANT GLAZING SHALL BE 4R -"r 6 � PROVIDED FOR' MORE THAN 30 FT. HEIGHT j 12 12 ft f r r 2� FROM GRADE :vll 5! 41,T Ir -, P 4 6 1,1 6 4,_ 4t * � -, _u 27 f't I 'din q 27 �16 6 12 30 6 6 77 15 it T. T A 41-IN irk ids A- 0.10 F ,REHM =__ 00 OA 30 I , MIU HIM 0, 3 T300 r: L 4-2 0'- 3 11 01/12/07 - I I 111111", II �0011=1111111! L11111,11, 11111 HINK 1111m6'g�,--goll ol Wo I El I I S, 1 21, M M, I I Ll IS ligm. lil! 1 "1 I'm I'll uppmaggg I �-mmimmmlmmjm jjmmi� 11111111 11�11_ 11111011gi Ligglo mg�uljll gg lull 1110111111111111 II 1 LN ON wmmm r: L 4-2 0'- 3 11 01/12/07 - I I GLAZING NOTE: PER SECTION 1606.1.4 OF THE FLORIDA BUILDING CODE, LARGE MISSILE TEST 2 40- 0 RESISTANT GLAZING SHALL BE PROVIDED WITHIN 30 FT./GRADE AND SMALL MISSILE TEST RESISTANT GLAZING SHALL BE PROVIDED FOR MORE THAN 30 FT. HEIGHT FROM GRADE 2 A-10.07 A-102 28 SIM' OPP. 27 6 SIN op 12 th lltt'l C27 15)- . 1 owmagm LAN REVISIIONS� 12/15/06 28 01/12/07 2450 d1w # 06-037 A -9.02 LEVEL EL,11'-O" N4VJ�D,=i4l-F1 j rbh LEV;=L I !=L,O IN IN E L 4 0/1-otl 01/12/07 2450 d1w # 06-037 A -9.02 GLAZING NOTE: PER SECTION 1606.1.4 OF THE FLORIDA BUILDING CODE, LARGE MISSILE TEST RESISTANT GLAZING SHALL BE PROVIDED WITHIN 30 FT/GRADE AND SMALL MISSILE TEST RESISTANT GLAZING SHALL BE PROVIDED FOR MORE THAN 30 FT. HEIGHT FROM GRADE m Q8 9 10 8 7.6 7 6.5 5 4 3 2 1.2 1 LEGEND: 1. LIGHT TEXTURE STUCCO FINISH ON 7. ALUMINUM AND CLASS STOREFRONT ASSEMBLY 16. PRE MOLDED POLYSTYRENE FOAM DECORATIVE 25. DECORATIVE POLYSTYRENE SPHERE W/ MASONRY & CONC. STRUCTURE 8. N/A 'FIN. BAND W1 STUCCO FACTORY APPLIED SMOOTH ACRYLIC 2. TINTED VISION GLASS (9/16- LAMINATED) i 28 9. FABRIC CABANA - SUN RELLA FABRIC NALUM. 17, ACRYLIC FABRIC AWNING WITH FINISH,. 1 ON ALUMINUM FRAME W/KYNAR FINISH. PAINTED ALUM. FR ME. TUBE FRAME FOUR W/ CEILING FAN AND 26. PRECAST COPING 3. OPAQUE SPANDREL GLASS POWER/TEL, OUTLET 18. STUCCO REVEAL 4. ALUM. RAILINGS 10. MTL. OVERHEAD R011_ -110 r)onR. lq FlYFn Al I RAIN111KA (�Rll I F FFNIrF 27. SPANISH "S" CONCRFTF TIlFS m m mol:A4 10L, E 54;,1111111I.Plo -Exit— Him Ke tC Lo — — — — . -- - 18) 7; LQ OPEN 777-� -------------- Iq -Exit— Him Ke tC Lo — — — — . -- - 18) 7; 01/12/07 2450 d1w # 06-037 -------------- Iq LEVEL 2 EL+-W-0" OPEN —3 r�\ LEVIFFL, I I -0-6" — N.A,VD.=5'-311 EL+0'—O" — N,A.V.D.=4--13" 01/12/07 2450 d1w # 06-037