DVA2012-11001 f
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� COMMUNITY DEVELOPMENT BOARD �
� �l+earwater �
PLANNING AND DEVELOPMENT DEPARTMENT
J �-"����'`-°`�-~``-' STAFF REPORT
MEETING DATE: January 15,2012 F
AGENDA ITEM: t�.i.
CASE: DVA2012-I 1001 (Related to F[.D2012-I 1023�
REQUEST: Review, and recommendation to the City Council, of a Uevelopment Agreement
between Clearwater Grande Development, L[,C (the property nwner) �nd the ('ity nf
Clearwater, providing for the allocation of 60 units from the Hotel Density Rcserve
under Beach by Design.
GENERAL DATA:
Agent........................... Northside f;ngineering Services, Inc. ([-ioush Ghovee and Renee Ruggiero)
AppliCant/Owne►:............. Clearwater Grande Development, LLC
Locatian........................... 655 South Gulfview E3oulevard; located on the south side of South Gulfview F3oulevard,
approximatcly 894 feet west of Gulf BoulevArd
Property Size.................... 0.63 Acres
Future Land �lse Plan...... Resort I�acilities High (RFfI)
Zonillg.......................... Tourist(T) District
SpeCial Area Plan.............. Beach by Design(Clearwater Pass District)
Adjacent Zoning... North: Tourist(T}Discrict
SOUth: Upen Space/Recreation(US/R) Uistrict
East: '1'ourist(T) District
West' ��nurist('i') �)i�trict
Existin,q Land Use............. Uvernight Accommodations
ProposedLand Use......... C�����n�,�htnccommodations
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� C��AI�ta141 level II Flexible Devek>pment Apptication Review PLANN(NG dc DHVELOPMENT
v � � ��>:,:. . .. . . .
UEVFA.OPMENT REVIEW DIVIS[ON
ANALYSIS•
Site Loc�tion and Existing Conditions: -
�� . . _
The 1.438 acre subject property is located on 6+` ! !
� � �
the south s�ide of South Gulfview Boulevard �� � . `� -
��,w..E� a
approximately 894 feet west of Gulf "`"' 8�','
Boulevard. The subject property is currently �- a�•�
developed with a 91-room hotel (Quality Inn) � �
and its associated parking lot.
c � � ���
Development Proposal: �ec'�� �w I
Currently the existing 62,640 square feet nf lot ater ' -:a
area (1.438 acre) subject property consists of a '
Qua(ity Inn hotel and its associated parking lot. `��T Adss
The applicant proposes to separate the parking
lot area from the existing hotel building ' �
through a minor tot adjustment to create two LOCATIOIY MAP
separate lots of record (Pazcels A & B). The
Quality Inn will be situated on Parcet A with � �
27,446 square feet of lot area(0.63 acres)while � p ct ��"'"rFR j
the remaining 35,174 square feet of lot area ' � ' � � a 3 h�Reoq
(Pazcel B) will be redeveloped with a fifteen- k� '� ► .
story mid-priced hotel(Hampton Inn& Suites). { Y f z 4�, � P i��;�j��!P`�dFS�.� j�
The existing Quality Irm cunently has 91 hotel • � h''`'�� '
rooms. The proposa( is to bring the density of ' r �.-••.. 'r J''•�, , b � fa�
the existing hotel to conform to current Code ', ��'a'••t t �$
provisions through the Hotel Density Reserve ' • r ` �"-� ,
after the minor lot adjustment. Based on ' f
cunent Code provisions which allow fifty hotel
units per acre, only 31 hotel rooms are P � _.
allowable on a parcel of tand with 0.63 acres ZpNtNG MAP
(27,446 square feet of lot area). However,
Beach by Design allows for a maximum of 100 hundred hotel raoms to be atlocated thmugh the
Hotel Density Reserve to any development with a lot size of less than 2.5 acres. For this reason
the owners of the Quality Inn hotel are proposing to retain the 91-unit overnight accommodation
by requesting 60 units from the Hotel Density Reserve at a density �f 144_44 units Per acre
which is below the maximurn density of I50 units per acre as set forth in Beach by Design
special area plan.
This development agreement to allow for a total of 91 hotel rooms(144.44 rooms per acre on net
lot acreage, including the allacation of 60 units from the Hotel Density Reserve) includes a
companion Flexible Development apptication (FI.D2012-11023). The existing Quality Tnn will
share parking with the new Hampton Inn & Suites. A total of 252 parking spaces wvill be
provided between the two proposed lots. Five off-street parking spaces will be located on the
Quality inn pm�erty with the remaining 247 nff-ctreet parking sraces pravided through a shareci
access and parking agreement within the garage of the Hampton Inn & Suites. The number of
Community Devclopment Doard-January I5,2013
DVA2012-11001 -Page 1
° Clearwater����t F��b�e�Y�b 11t lication Review P�-ANNMG k PEVELOPMENT
�e � DHVELOPI�NT REY�W DlVlS10N
''��....r....�*.�.�.. . .. r . ... ..
parking spaces provided for both overnight �
accommodations complies with the development J � � �'''�w.�:�R ' '
s tan d a r ds o f 1.2 spaces per uni t as se t fo r t h in t he � .-� J - -' 'y��QR
Community Development Cale. F �,�p-� �:���; �„,
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,.wO��lk SMYK Sf�J[IOII ;b„ —,
I}evelopment Agreement: ���-" N �. ¢ ; � & ,- -�-
The Development Agreement is a requirement for : ' ,''�,�� " � : ;F�a''kw `�j� "
; �` ��,
the allocation of hotel units from the Hotel �' � ; RK.�«n.���.� ]',`•,�, - -s
Density Reserve, ado pted as an amendment to ' '�"' � , r.,,,°-'1-�;�, "«" ' ' '�°��
, . �. • � - � � �__�_,
Beach by Design under Ordinance 7925-08 on ' �� ,- -- + Retail cshs�ndsntiee
t+�aN l __-f o"`'q'�' b
July 17, 2008. A total of 1,385 hotel rooms were � #,,'� +" , a na� i ` � � � �
established under the Hotel Density Reserve ```���K`'�-.;� ��„�,~ a —`'�=°
where currently a total of 947 units are available '� ;�-�j ���"'p�-�
within the density reserve; this development �-�1=�`-_�-� � '
agreement proposal requests the aliocation of 60 c�''
units from it. The City has established criteria to EXISTItVG SURROUNDING USE9
facilitate the allocation of the units. Such criteria
inctudes that accessory uses shall be consistent with a hotel; that no hotel room can be converted
to a residentiat use; that access to the hotel room must be through a lobby and internal corridors;
that the hotel shall estabtish a reservation system with a lobby/fmnt desk area; and that the
development shall cornply with the Metropolitan Planning Organizations (MPO) countywide
approach to the application of the concurrency management for transportation facilities. The
proposed redevelopment project meets the ah�ve criteria_
The proposed Development Agreernent will be in effect for a period not to exceed twenty (20)
yeazs, meets the aforementioned criteria for the allocation of units from the Notel Density
Reserve under Beach by Design and also includes the following main provisions required for the
allocation of hatet units:
❑ Provides for the allocation of 60 units from the Hotel Density Reserve;
o Requires the devel�per to �htain huilding permits and certificates of occupancy in
accQrdance with Community Development Code(CDC) Section 4-407;
❑ Requires the rettirn �f any hatel imit abtained from the Hote( Density Reserve tt►at is not
constructed;
❑ Far units allocated frc►m the Hc►tel nensity Reserve, prnhibits the conversion af any hotel
unit to a residential use and requires the recording of a covenant restricting use of such
hotel units ta overnight accommodation usage; and
o Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be
closed as soon as practicable after a hurricane watch that includes Clearwater Beach is
pc�sted hy the National Humcane Center.
Commw�ity Development Board-Jai�uary t 5,2013
DVA2012-1]001 -Page 2
PLANNRJG dc DEVELOPMENT
ear�vater Level II Flexible Development Appiication Review DEVELOPMENT REVIEW DIVISION
v �.
The Cornmunity Development Board (CDB) has been provided with the most recent
Development Agreement.
The City Council may enter into Development Agreements to encourage a stronger commitment
on comprehensive and capital facilities planning, to ensure the provision of adequate public
facilities for development, to encourage the efficient use of resources, and to reduce the
economic cost of development. The CDB is required to review the praposed Development
Agreement and make a recomrnendation to the City Council.
SUMMARY AIYD RECOMMENDATIQIY:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of December 6, 2012, and deemed the development proposal to be legally
sufficient ta move forward to the Community Development Soard (CDB), based upon the
following findings af fact and canclusions of law:
Findin�s of Fact
The Planning and Development Department, having reviewed all evidence submitted by the
applicant and requirements of the Cammunity Deyelopment Cale (CDC), finds that there is
substantial competent evidence to support the following findings of fact:
l. That the 1.438 acre subject property is located on the south side of South Gulfview
Boulevard approximately 894 feet west of Gulf Boulevard;
2. That the pmperty is located within the Tourist (T) District and the Resort Facilities High
(RFH) Future Land Use Plan category;
3. That the applicants are requesting 60 units from the Hotel Density Reserve;
4. 'That the existing hotel will be situated on a parcel of land with a lot width of 83.97 feet
(along South Gulfview Boulevard)and 27,446 square feet of lot area;
5. That the proposed density is 144.44 units per acre is below the maximum density of 150 units
per acre as set forth in Beach by Design special area plan;
6. That the hotel has a reservation system with an internal lobby frant desk area;
7. That all accessory uses are consistent with a typieal mid-priced hotel;
8. That access to the overnight accommodation units shall be provided through a lobby with
internal corridors;
9. That the Traffic Engineering Department accepts the findings of the submitted Traffic Impact
Study which indicates that the proposed redevelopment project will aot degrade the Level of
Service (LOS D or t�etter) on surmunding trans�rtation facilities nor adversely affect the,
nearby signalized intersections which is consistent with Metropolitan Plaruiing Organizations
concurrency management for transportation facilities;
10. That the development proposat is subject to the requirements of Beach by Design, the Design
Guidelines contained therein as the property is located within the Clearwater Pass character
district and the criteria for allocation of units from the Hotel Density Reserve.
Conclusions of Law
The Planning and Development Departrnent, having made the above findings of fact, reaches the
fnll�wing cnnelusions of law:
Community Development Board—January I5,2013
DVA2012-i 1001 —Page 3
: Clearwater Level lI Fiexible Development Appiication Review PLANNING�DEVELOPMENT
°�..�..•r.��,�,n�,,,�,✓ ��';� .... . . ..
DEVELqPMENT REVIN.W DIVISI6N
t. That the Development Agreement implements and formalizes the requirements for the
construction of on-site and off-site improvements under the related site plan proposal
(FLD2012-11023};
2. That the Development Agreement complies with the standards and criteria of CDC Section
4-606;
3. That the Development Agreement is consistent with and furthers the Visions, Goals,
Objectives and Policies of the Comprehensive Plan;
4. That the Developrnent Agreement is consistent with the Visions, Goals, Objectives and
Folicies of Beach 6y Design and the Clearwater Pass District; and
5. That the Development Agreement complies with the criteria in Beach by Design for the
allocation of units from the Hotel Density Reserve.
Based upon the above, the Planning and Development Department recommends the
APPROVAL, and recommendation to the City Council, of a Development Agreement between
Clearwater Grande Development, LLC and the City of Clearwater, providing for the allocation
of 60 units from the Hatel Density Reserve under Beach 6y Design, for the property at 65S South
Gulfview Boulevard.
�
Prepared by Planning and Development Department Stat�: /
K v' . Nurnberger, anner II[
A1'1'ACHMENTS:Photographs of Site and Vicinity
Community Development Hoard—January l5,2013
DVA2012-11001 —Page 4
1 '1!
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pioperly..
b55 South Gulfview Boulevurd
DVA2012-11001
Kevin W.Nurnber-ger
100 S Myrtle Avenue
Clearwater,FL 33'156
72'1-562-4567ext 2502 --
kevin.nurnber e�,�r,myclearwater.com
PROFESSIONAL EXPERIENCE
Ptanner III March 2011 to present
Planner II October 2010 to March 2011
City of Clearwater, Clearwater,Florida
Duties include performing the technical review and preparation of staff reports for various land
development applications, the organization of data and its display in order to track information and
pravide status reports,and making presentations to various City Boards and Committees.
Pianner
Co�inty of York, Yarklown, Virginin 2007 to 2009
Reviewed residential, commercial and mixed use development site plans to ensure compliance with
planning, zoning, subciivision, historic preservatin�i, and environmcntal standards as weil as design
criteria, specifications, regulations, codes and ordinances. Led pre-application meetings with residents,
neighborhood organizations, contractors, and developers regarding future projects which included state
and local government a�encies.
Site Assistant
Gahan and Long Ltd, Belfast, Norlhern Ireland 2006 to 2007
Enforced Article 3 of the Planning Order (NI) with land owners, developers and district councils on
proccdures reinting to airchaeological and built heritage remains on proposed development sites. On site
assistant to project manager during the archeological process throughout the pre-development stage.
Development Planner
Yersar Inc, Fort Story/Fort Eustis, Yirginia 2005 to 2006
Develuped survey strategies for the Cuhural Rosource Manager by reviewing local and state planning
documents, the Secretary of the Interior's Standards for Preservation Planning on Federal instaUations,
the Virginia Department of Historic Resources, the Virginia Departrnent of Transportation plan, and
Virginia Power's public utility plan in the �redevel�pment stages of new development and building
expansion projects to ensure protection of historic properties.
City Planner
City Planning Commission,New Orleans, Louisiana 2000 to 2005
Primary subdivision planner assisting applicants throughout the subdivision process in acc�rdance with
the zoning and subdivision regulations af the City of New Orleans. Reviewed various zoning and
conditional use applications. Prepared and presented staff reports to thc Ciry Planning Commission and
Baard of Zoning Adjustments.
EDUCATIUN
Universiry of New Orleans,LA
MA Urban and Regional Qlanning(2004)
State Universiry of New York at Buffalo,NY
BA Anthropology(1949)
� Civif
�and Planning
C?ue (�iligence Reports
�ry Re-Zoning,l.and Use,Annexatior7
����t'�f,4�- ��'LtA��d- "le�. Storrnwater P"i�nag�ment
Utility C?esign
`T"r�ffic
Deeember 12th, 2012 Constructic��-�Ac�mir�istr-ation
City of Clearwater
Planning & Development Review Department
Kevin Nurnberger, Planner III
100 S. Myrtle Avenue
Clearwater, Florida 33756
RE: DVA2012-11001
655 S. Gulfview Blvd. - Quality Inn - Parcel A
NES #1228
DVA2012-11001
Parks and Recreation Review
1. Acknowledged. 91 hotel units existing, 91 hotel units proposed.
Planning Review
1. The DVA has been revised to show 0.63 acres.
2. Acknowledged. Provided.
3. Acknowledged. Please see revised documentation; the building height is 49.5' above BFE
Public Art Review
1. Acknowledged.
We trust this information is sufficient to respond to the DRC comments and allow the project to move
forward to the Community Development Board. Please feel free to contact us if you have questions or
require additional information and we will respond immediately.
Sincerely,
Renee Ruggiero, Senior Project Planner
Northside Engineering Services, Inc.
3C}0 South Belchcr Road
Clearwater,Floricla 33765
tech�narthsideengineeringservices.carn
727 443 2869 Fax 727 44b 8036
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~ v i �� Development Agreement Application
U
IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE,
INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION.
ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY,AND SUBMI7TED IN PERSON (NO FAX OR DELIVERIES)
TO THE PLANNING&DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE.
_ __._�
A TOTAL OF 11 COMPLETE SETS OF PLANS AND APPLICATION MATERIAL (1 ORIGIN L AND;10 COPI�) AS REQUIRED WITHIN
ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW IHI EE. SUBSE (JENT SUBMITTAL FOR THE
COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL
AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED,STAPLED AND FOLDED INTO SETS.
THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE
COMMUNITY DEVELOPMENT CODE.
APPLICATION FEE: $1,500
PROPERTY OWNER(PER DEED): Clearwater Grande Development, LLC
MAILING ADDRESS: 20001 Gulf Blvd STE 5, Indian Shores, FL 33785-2417
PHONE NUMBER: 727-595-0366
EMAIL: stevepage@tampabay.rr.com
Northside Engineering Services, Inc.
AGENT OR REPRESENTATIVE: Housh Ghovaee, CEO - Renee Ruggiero, Senior Project Planner
MAILING ADDRESS: 300 S. Belcher Road, Clearwater, FL 33765
PHONE NUMBER: Renee 727-235-8475 -. Housh 727-709-0943
EMAIL: Renee@Northsideengineering.net Housh@Northsideengineering.net
ADDRESS OF SUBJECT PROPERTY: 655 S. Gulfview Blvd.
PARCEL NUMBER(S): 17-29-15-05004-003-0080, �
LEGAL DESCRIPTION: See Attached Legal
PROPOSED USE(S): Hotel - Existing to Remain
DESCRIPTION OF REQUEST: See Attached Narrative
Specifically identify the request
(include pll requested code flexibility,•
e:g., reduction in required number of
porking spaces, height, setbacks, lot _
size,Iot width,specific use,etc.J:
Planning&Development Department,10�S.Myrtle Avenue, Clearwater,FL 33756s Tel: 727-562-4567; Fax:727-562-A865 '
Page 1 of 7 Revised 01/12 '
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� � e �wa e Develo ment A reement A lication
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� Data Sheet
PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM
WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING
APPLICATION CYCLE.
ZONING DISTRICT: Tourist
FUTURE LAND USE PLAN DESIGNATION: Resort Facilities High
EXISTING USE(currently existing on site): xotel with � unit�
PROPOSED USE(new use,if any;plus existing,if to remain): Hotel with �� Units
SITE AREA: 27,446 sq.ft. Q•630 acres
GROSSFLOORAREA(totalsquarefootageofallbuildings): PIeaSE Se@ S1te Data Table
Existing: sq.ft. fOr' Information
Proposed: sq.ft.
Maximum Allowable: sq.ft.
GROSS FLOOR AREA(total square footage devoted to each use,if there will be multiple uses):
First use: sq.ft.
Second use: sq.ft.
Third use: sq.ft.
FLOOR AREA RATIO(totai square footage of all buildings divided by the total square footage of entire site):
Existing:
Proposed:
Maximum Allowable:
BUILDING COVERAGE/FOOTPRINT(151 floor square footage of all buildings):
Existing: sq.ft. ( %of site)
Proposed: sq.ft. ( %of site)
Maximum Permitted: sq.ft. ( %of site)
GREEN SPACE WITHIN VEHICULAR USE AREA(green space within the parking lot and interior of site;not perimeter buffer):
Existing: sq.ft. ( %of site)
Proposed: sq.ft. ( %of site)
VEHICULAR USE AREA(parking spaces, drive aisles,loading area):
Existing: sq.ft. ( %of site)
Proposed: sq.ft. ( %of site)
Planning&Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel: 727-562-4567; Fax:727-562-4865
Page 2 of 7 Revised 01/12
a . ;,,,r �.
, � �. :a^-:..
IMPERVIOUS$URFACE RATIO(total square footage of impervious areas divided by the total square footage of entire site):
Existing:
Proposed:
Maximum Permitted:
DENSITY(units,rooms or beds per acre): BUILDING HEIGHT:
Existing: Existing:
Proposed: Proposed:
Maximum Permitted: Maximum Permitted:
OFF-STREET PARKING:
Existing: Note:A parking demand study must be provided In conjunction with any request
Proposed: to reduce the amount of required off-street parking spaces. Please see the
Minimum Required: adopted Parking Demand Study 6uidelines forfurtherinformation.
WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? $ ��� I�(}Q� � -
ZONING DISTRICTS FOR ALL ADJACENT PROPERTY:
North: Tourist
SOUth: OS/R
East: Tourist
WeSt: Tourist
STATE OF FLORIDA,COUNTY OF PINELLAS
I, the undersigned, acknowledge that all Sworn to and subscribed before me this �� day of
representations made in this application are true and �r�„�� ,��,to me and/or by
accurate t the best of my knowledge and authorize �
City repr sentatives to visit and photograph the �U� V �,who is personally known has ,
pr erty described in this application. produced �� j.. , as identification.
.�-_-��� � I
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Signature of property owner or representative Notary public,
My commission expires: � ��
,��;::;8��, FiAPA A.QOEt.
"y ` * MY COMMISSION�DD 949832
* � EXPIRES:May 3,2014
iD�►go�"�'P` Bmded Tlxu Budget Nolar!'Se�ces
I
I
Planning&Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel: 727-562-4567; Fax:727-562-4865
Page 3 of 7 Revised 01/12
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Y learw ter
� L.r a Develo ment A reement A lication
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� Affidavit to Authorize Agent/Representative
1. Provide names of all property owners on deed-PRINT full names:
C].earwater Grande Development, LLC
2. That(I am/we are)the owner(s)and record title holder(s)of the following described properky:
655 S. Gulfview Slvd., Clearwater, FL 33767 17-29-15-05004-003-0080 �includes lots 8,9, 10 & ll)
3. That this property constitutes the property for which a request for(describe request):
See Attached Narrative
4. Thatthe undersigned(has/have)appointed and(does/do)appoint: Northside Enginsering services, znc.
Housh Ghovaee, CEO and/or Renee Ruggiero, Senior Project Planner
as(his/their)agent(s)to execute any petitions or other documents necessary to affect such pefition;
5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described
property;
6. That site visits to the property are necessary by City representafives in order to process this application and the owner
authorizes City representatives to visit and photograph the property described in this application;
7. That n ersigned authority,here y t the foregoing is true and correct.
Property Owner Property Owner
Property Owner Property Owner
STATE OF FLORIDA,COUNTY OF PINELLAS
BEFORE ME THE UNDERSIGNED,AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE S7ATE OF FLORIDA, ON
THIS �(�'} rf; pAY OF ( ���'C.-�G�1���•� , c��.(.��a� , PERSONAL�.Y APPEARED
��E�'t �C.� ����1 �l-�r.-�-� �! WHO HAVING BEEN FIRST DULYSWORN
iJi
DEPOSED AND SAYS THRT HE/SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED.
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�`""`�, Bf1RBARA BICKEL �����-��s� , , �' •^ -
� MY COMbIISSION#DD99�13E
'� ,� s�ixES:Mar2o,2o14 Notary PublicSignature
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1-80a1N07ARY Fl�NMSY A�ooaat AYao.Ca. f
Notary Seal/Stamp My Commission F�cpires: �/���,/f�
Planning 8�Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,TeI:727-562-4567;Fax:727-562-4865
Page 7 of 7 Revised 01/12
• .
LETTER O F AUTH C7 RIZATI Q N
This letter will serve as authorization for Housh Ghovaee
(aqent Narne)
with Northside �n�ineerina Services; Inc. to act as an agent for
Clearwater Grande Development, LLC
(Praperly Own��'s tVame)
And to execute any and all documents r�lated to securing permits and
approvals for the canstructian on the property g�nerally located at
645 - 655 Gulfview Blvd. Clearwater FL 33767
� �propedy Locativn)
PINELLAS County, State a# FLORIDA.
--- _ C��...� _._�
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Signature of Property Owner Print Name of Prope�ty Owner
,� ,_
��'l'�X�l �v�'�'�uc� � �� ��'.
Address of Praperty Owner Title `
. .�a�:� ,.�1�,-�s !;�� �a���r� _ �7�� :��s-����
City/State/Zip Cnde Telephone Number
Skate of�,�-�` The foregoing insirument was acknowledge before me this ���c��day
o �� --ti.
County of_�����.• of�G:���, 20.�Y� ����.�, as
C!
who is personally known to me or who has produced
as identification and who did (did not)take an oath.
�,��*p�s,,,�� JANET L.KRUE{iER Notary Public
�F t�-: Nolary Publlc-8U1� � �
�� `•�My Gnmm.Explr��Juh 2 ,2 1
?��: CommisNon�BE G
�"'�,°;;���`'_ 8ond�d Throuph NNloutl�o�j��. n# . � ���L' ��.,'�
(SEAL ABOVE) (Name of Nota'ry Typed, Printed or Stamped)
, • .
, I#: '2009361819 BK: 13822 PG: 129, 09/10/2004 at 09:49 PM, RECORDING 1 PAGES
� :$10.00 D DOC STAMP COLLECTZON $99500.00 KAFZLEEN F. DE BLAKER, CLERK OF COURT
PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDU08 �
,�
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I
4�.. T6L Document Prepered By and Rcturn�o: .
Joaoph J. Weisenfeld, Esq.
.��
WEI9ENE'ELD 6 ASSOCIATES, P:A.
� �
550 Biltmore Way � �
Suite 1120 ' '
Coral Gables, Florida 33134 -_ � �
-__� �
I - ` -
I ParcellDt'7um6er: �.�I-i29-15-05004-003-0080 - ���
Grantee#ITIN: 59-2904561 i '
� �
Special Warranty Deed ___
� �ThisIndenture, Madethis dayof , 2004 n.�., Beriveen ,'���
Alpha Beach Resort, Inc. , a corporation existing under the laws of the ' � ` `� '
I ,
State of Florida � � � '
of'ihc Counry af Pinellas , scaic or Florida ,grantor�,-a�d-� `
Clearwater Grande Development, LLC, .a Florida limited liability co�¢aiiy� __
� � ^�
wnose address �s: 20001 Gulf Boulevard, Suite 5, Indian Shores, FL 33785 �� '� �� �,
� � ,
, , �
ot u,�Counry or Pinellas , siam ot Floxida ,grantee.�� �'-
Witnesseth [het Ihc GW1N7'OR,for and in considcration of lhe sum of
------------------------TEN DOLLARS �$10)-----------------`�-�---- �oLLARS� !
' and ofher good and valuable consideralion to GRANTOR in hand paid by GRAN"CEE, the mceipt whereoC is hereby acknowledstrl, hes ��
grantod,bergained and sold lo Uie said GRANTF,F,and GRAN7'EE'S heirs,successors and assigns fore¢ei,the following tlescFibed'lap9,situate,
� �� �
lying and being in the Counly of pinellas Slate o! FZOI'1C�9� � ` la wiD�
Lots 8 through 11, inclusive, Block C, of SAYSZD� S, .acaarding�Yto the
Flat thereo£, as recorded in Plat Book 38, at Pa�e. 38,`�d£�the Public
Records of Pinellas County, Florida. __ •
,\ ,\
-� �
Subjact To: ��' ''
' � ,
� �
1. Taxes and assessments for the year,2Q04'��nd all;�'ubsequent years.
2. Conditions, covenants, restrict;bn's, �anc� �as@mEnts filed of'record,
provided that this instrument shalJr�not, rei�pose same.
Together with,all �enements, iiereditamcnts and�pymenanccs�here`tQ bclonging or in anywise appertaining.
To Have and to Hold, Ihe s�mc in fce simple lo`ev,ci.,� i
,ejp�] the grantor hereby covcnan�s will�sahl�grenlee'�hat grantor is IawPolly seized of said land in fee simplr, �hat grentor has
good right anJ IawPol autliority l�i Setl and oo�vcy sai��land; ihat grantor hereby fully warrants Ihe tille lo said IanJ and will �
i
defend Ihc same against the IawfuY c'�eims of ail pqrsons c12iRUng by,through or undcr grantor.
I � � �
In Witness Whereof�lhe.granld;Aas hercunto s�t�LS hand and seal the day end year firsl above writlen.
Signed,sealed and deliver�d inour presenee:,� p a Beach Aesort, Inc.
� � \•
� ` ,
. .� �-�. -'_` `� By: (Seai)
Printed 2�me� �heii�fex� Jacquine Alf ed , President
Wl'EIIeS9 � P.O.Address(55 South Gul[view Boulevard,Clearweter,FL7J767
�\
Prin Name•`Cguchi Andre — l�epublic ol France
witnes�,'. �� % Depariment ol the
' � Bouches-dU-RhonB S$ (Corporate Seal)
EMBASSY OF THE UNITEA STATES Ofi AMERR7l4.o/Marseille
country of Consulafe General ol Ihe � '
city of (,(JJfg y�I ates o(Amerka
The fore oin inSWmen1 was acknowled ed belore m2� Ellen B.'1't1�R�Uf(N
g 6 g l8 AugLLSYCansuloflheUnitedSlelcs
� ol'Amcricaal M Juiycummissionednndqualilied,lhis day ol � 20�4 by
Alfxed Ginezli�resind`ent.of Alpha Beach Resort, Inc. , a ,Florida •
Corporati:�'., on;,behalf o£ the corporation
heispersonallyl�nv�'nto,mporfidk.�sRroducedhisCarte d'immatriculation Consulaire asidentilicalion.
f:� �'f: � a ��` r� ��^�
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� ,� �� ih l./.,.t;:
j �Y �, '- � � n.� " Printed Name• �1 on R.THf1RRIIRN
;.,4i�y�;�.'�� ,±�.;;;e ;`: , ; �, �1���1�.:����tJ� Notary Public�
• ��� c-- '"' •' '.CONSUL OF THE P y
�'�'a'%;,�, - UNITE[SSTATESOFAMERICA Mycommissionexires: Indefinitel
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12 61-01 � � Lu<rGener�i�d by Of]iaplay Spiems,ina,200] (A6J)167-5555 Form FLSWD-I
EX/STING - LEGAL DESCR/PTION
LEGAL DESCRIPTION
LOTS 8, 9, �0 & � �, BLOCK C, BA YSIDE
SUBDIVISION NO. 5, AS RECORDED lN PLA T
BOOK 38, PA GE 38, OF THE PUBL lC RECORDS
OF PINELLAS COUNTY, FL ORIDA. TOGETHER
WITH ALL RIPARIAN RIGHTS APPERTAINING
THERETO, lF ANY, PROVIDED, HO INEVER, THA T
NO FILL SHALL BE MADE BEYOND THE SEA W�I LL
LINE ESTABLISHED ON THE PLA T.
CONTAINING 626�9.83 SQ. FT. OR �.438 ACRES
MORE OR L ESS.
. -
Civil
Land Pla«ning
Que Diligence Reports
¢,.� Re-Zoning,Land Use,Annexation
�������,'�'t���`��� ��'��`������ ��`�• Stormwater Management
QUALITY INN Ut;lity Design
"fraffic
�EXISTING� Construction l�d ministration
655 -GULFVIEW BOULEVARD, CLEARWATER BEACH
DEVELOPMENT AGREEMENT -APPLICATION NARRATIVE
Description of Request
The Applicant, Clearwater Grande Holdings, LLC (Clearwater Grand Development, LLC
as per Deed) proposes a transfer of land from the existing Quality Inn site to a new
proposed neighboring hotel while retaining the existing Quality Inn units through receipt
of 60 units from the Beach by Design Hotel Density Reserve. The subject property is
proposed at an aggregate of 0.63 acres and is currently bounded by Clearwater Pass to the
south, Gulfview Boulevard to the north, Econo Lodge hotel to the west and by the
existing Continental Towers Condominium to the east.
The surface parking area of the existing Quality Inn hotel is the area proposed to receive
the new hotel with a structured parking garage below; the proposal contemplates a shared
parking garage designed to serve both the existing Quality Inn and the new proposed
Hampton Inn.
Specifically, the Applicant requests flexible development approval to permit 91 overnight
accommodation units in the Tourist District, which includes an increase in density of 60
overnight accommodation units from the Beach by Design Hotel Density Reserve, with
a. a Lot Area of 0.63 acres (27,44635,174 square feet);
b. a Lot Width of 83.97 feet on Gulfview Boulevard;
c. a maximum Building Height of 49.5' from BFE;
d. a front (North) setback along Gulfview Boulevard of 19.7' to the
building, 0.8' to the covered patio, 0' to brick pavers and 8.1' to
parking lot pavement;
e. a side (West) interior setback of 6' to the building, 5.6' to the covered
wood deck and 0' to the pool pavers and pavement;
f. a side (East) interior setback of 10' to the building, 0' to the wood
deck and 6.5' to the pool pavers;
g. a rear (South) waterfront setback of 26.6' to the building, 0' to the
pool pavers, 14' to the covered patio; 0' to the stage and 15.8' to the
pool to the pool;
h. Providing 252 Parking Spaces through a shared garage;
i. Flexibility to the minimum standards for Sight Visibility Triangles on
Gulfview Boulevard; and
j. a Twenty (20) year Development Agreement
as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-
803.0 of the Development Code with a reduction to the landscape requirements through a
Comprehensive Landscape Application to allow a reduction to the foundation planting
from 5' to 0.80'. Additionally, the Applicant request approval of a Development
Agreement which sets forth terms of use associated with the 60 rooms from the Beaclz
by Design Hotel Density Reserve.
a�0 South Pelchc�r Road
C:learwxter,F{orida 337£�5
eech�northsideengineeringse�-vices.corr�
727��3 2s.,��� �ax 727��4t� �0:��
Discussion
The site is located within an area designated by Beach by Design as the "Clearwater
Pass District " Beach by Design identifies this as a distinctive area, offering a diversity
of uses including high rise condominiums, resort hotels, hotels, motels, retail and
restaurant uses. Beach by Design contemplates that the "Clearwater Pass District" will
be an area of strategic revitalization and renovation in the response to improving
conditions on the balance of Clearwater Beach.
Beach by Design identifies a disparity between hotels and condominiums, and strongly
encourages mid-priced hotel development. Beach by Design indicates Clearwater Beach
can support an addition 1,385 hotel rooms and further provides increased densities
through the Hotel Density Reserve to aide in achieving the additional mid-priced hotel
units on Clearwater Beach.
NOTE: Application(s), Site Plan and Narrative simultaneously submitted in
association with the proposed Hampton Inn located at 635 - Gulfview Blvd. The parcels
associated with both the Quality Inn and the proposed Hampton Inn are under the same
ownership control.
Proposed Use
The existing Quality Inn with 91 overnight accommodation units will continue to offer
reasonable room rates, appropriate for mid-priced family vacations as it has since 1994.
The Quality Inn receives a 27%return rate for guests each year. This proposal allows the
Quality Inn to continue to operate as it has for many years with a new parking garage to
service the guests.
The site area of the Quality Inn currently utilized as a surface parking lot provides the
area for the new proposed hotel with a structured parking garage below; the proposal
contemplates a shared parking garage designed to serve both the existing Quality Inn and
the new proposed Hampton Inn.
DVA Quality CLW BCH 1212.2012 by Renee Ruggiero/rmr
Proposed Development Agreement
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the day
of , 201 and entered into between Clearwater Grande Holdings LLC, a
Florida limited liability company("Developer"), its successors and assigns, and the CITY
OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting though its
City Council, the governing body thereof("City").
Recitals:
WHEREAS, one of the major elements of the City's revitalization effort is a
preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and
WHEREAS, Sections 163.3220— 163.3243, Florida Statutes which set forth the
Florida Local Government Development Agreement Act ("Act"), authorize the City to
enter into binding development agreements with persons having a legal or equitable
interest in real property located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act,the City has adopted Section 4-
606 of the City of Clearwater Community Development Code ("Code"), establishing
procedures and requirements to consider and enter into development agreements; and
WHEREAS,Beach by Design proposed additional hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community by further providing for a limited pool of additional hotel units
("Hotel Density Reserve")to be made available for such mid-sized hotel projects; and
WHEREAS,the Developer owns and controls approximately 0.63 acres of real
property ("Property") in the corporate limits of the City, consisting of 0.63 acres of
upland from the face of the seawall more particularly described on Exhibit"A" as Parcel
"A" attached hereto and incorporated herein; and
WHEREAS, the Developer desires to make the property more attractive by
refinishing the exterior landscaping of Parcel A; all of which will generally conform to
the photographs and landscape plan shown in Ea�hibit"B"; and
WHEREAS, by this property receiving units from the Hotel Density Reserve,the
City of Clearwater will be provided additional and much needed mid-priced hotel rooms
for use by the public. The City will also benefit from increased tourist taxes from the
hotel guests.
WHEREAS, upon completion the existing hotel contains 91 existing units,which
will include sixty(60) units from the available Beach by Design Hotel Density Reserve;
and
WHEREAS, the city has conducted such hearings as are required by and in
accordance with Chapter 163.3220 Fla. Stat. (2011) and any other applicable law; and
WHEREAS, the city has determined that, as of the Effective Date of this
Agreement the proposed project is consistent with the City's Comprehensive Plan and
Land Development Regulations; and
WHEREAS, the City has conducted public hearings as required§§4-206 and 4-
606 of the Community Development Code; and
WHEREAS, at a duly called public meeting on , the City Council
approved this Agreement and authorized and directed its execution by the appropriate
officials of the City; and
WHEREAS, the Community Development Board approved the design and site
plan as a Flexible Development on , conditioned upon the approval and
execution of this Agreement; and
WHEREAS, approval of this agreement is in the interests of the City in
furtherance of the City's goals of enhancing the viability of the resort community and in
furtherance of the objectives of Beach by Design; and
WHEREAS, Developer has approved this Agreement and duly authorized certain
individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged,the parties hereto intending to be legally bound and
in accordance with the Act, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of this
Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as
of the date of this Agreement are incorporated herein by this reference and made a part of
this Agreement. Words used in this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in the Act.
SECTION 3. Property Subject to this Agreement. The Property described in
Exhibit"A" is subject to this Agreement("Property").
3.1 The Property currently has a land use designation of Resort Facilities High
(RFH) and is zoned Tourist(T).
3.2 The Property is owned in fee simple by the Developer.
3.3 The Property is generally located at 655 S Gulfview Blvd, Clearwater, FL
33767.
SECTION 4. Scope of Pro'aect.
4.1 The Project ("Project") shall consist of no more than 91 overnight
accommodation units, to be traditional overnight accommodation units. The proposed
density is 144.44 units per acre, which is below the allowed 150 units.
4.2 The Project shall have shared parking and accesses with the adjacent
property 653 S Gulfview Blvd, Clearwater, Fl 33767 which is the proposed site for
construction of a parking garage and Hampton Inn which will provide 252 off-street
parking spaces which is sufficient parking for both the proposed Hampton Inn and the
existing Quality Inn. (See 6.1.4).
4.3 The height of the existing building is approximately 49.5' from BFE.
4.4 The design of the Project, as represented in Exhibit"B", is consistent with
existing built out properties in the area.
4.5 The project sha11 comply with the Metropolitan Planning Organization
(MPO) countywide approach to the application of concurrency management for
transportation facilities.
SECTION 5. Effective Date/Duration of this Agreement.
5.1 This Agreement shall not be effective until this Agreement is properly
recorded in the public records of Pinellas County, Florida and thirty(30) days have
elapsed after having been received by the Department of Economic Opportunity pursuant
to Florida Statutes Section 163.3239 and Clearwater Community Development Code
Section 4-606.G. 2 (the"Effective Date").
5.2 Within fourteen (14)days after the City approves the execution of this
Agreement,the City shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Developer shall pay the cost of such recording. The City Shall
submit to the Department of Economic Opportunity a copy of the recorded Agreement
within fourteen(14) days after the Agreement is recorded.
5.3 This Agreement shall continue in effect until terminated, as defined
herein, but for a period not to exceed twenty (20) years.
SECTION 6. Obligations under this Agreement.
6.1 Obligations of the Developer:
6.1.1 The obligations under this Agreement shall be binding upon and
the benefits of this Agreement shall inure to the Developer, its successors in
interests or assigns.
6.1.2 At the time of development of the Property, the Developer will
submit such applications and documentation as are required by law and shall
comply with the City's Code applicable at the time of building permit review.
6.1.3 The following restrictions shall apply to development of the
Property:
6.1.3.1 The Property and improvements located thereon
shall be developed in substantial conformance with the Site and Building Plans
attached as Exhibit"B"and approved by the Community Development Board
("CDB") as case number . Any minor revisions or changes to the Site
Plan shall consistent with the approved Site Plan and shall be approved by the
Planning Director as a minor modification,pursuant to the Code. Any
modifications determined by the Planning Director as either inconsistent with the
approved Site Plan or constituting a substantial deviation from the approved Site
Plan and thus requiring further approval by the CDB shall require an amendment
to this Agreement in accordance with the procedures of the Act and the Code, as
necessary and applicable. Any and all such approved and adopted amendments
shall be recorded in the public records of Pinellas County, Florida
6.1.3.2 The Developer shall execute,prior to
commencement, a mandatory evacuation/closure covenant, substantially in the
form of Exhibit"C"that the accommodation use will be closed as soon as
practicable after a hurricane watch that includes Clearwater Beach is posted by
the National Hurricane Center.
6.1.4 Shared Facilities. The proposed Hampton Inn site (Parcel "B")
and the adjacent existing Quality Hotel site (Parcel"A") shall share parking
facilities, waste facilities, sidewalks and other areas as needed. The two
properties shall enter into appropriate shared facilities agreements and easements
in a form acceptable to the city. Once the agreements are in a form acceptable to
the city they shall be executed and recorded.
6.1.5 Allocation of Units from Hotel Density Reserve; Return of Units to
the Reserve Pool. Covenant Re arding Use of Hotel Density Reserve Units.
Subject to the terms and conditions of this Agreement, the City hereby allocates
and grants to the Developer from the Hotel Density Reserve an additiona160 hotel
units to the Project Site in accordance with applicable law. In the event this
Agreement is terminated pursuant to Section 10 of this Agreement, or if any of
the units granted to the Developer from the Hotel Density Reserve are not
constructed in conjunction with the Project approved by City and in accordance
with Paragraph 6.1.32, or if any units or the Project fail to meet and maintain the
criteria for Hotel Density Reserve Units contained in the City of Clearwater
Ordinance No. 7925-08, as amended, said units shall be returned to the Hotel
Density Reserve and be unavailable to the Developer for use on the Project,
pursuant to Beach by Design. Prior to the issuance of the Certificate of Occupancy
for the Project, the Developer agrees to execute and record a Covenant in the
Public Records of Pinellas County, Florida restricting the Hotel Density Reserve
Units in perpetuity to the use approved by City and by this Agreement.
6.1.6 Transient Use. Occupancy in the overnight accommodation units
from the Hotel Density Reserve is limited to a term of one (1)month or thirty-
one 31) consecutive days, whichever is less. Nothing herein shall prevent a
purchaser of a fractional share unit from owning a period of time greater than
thirty-one(31) days,provided every occupancy is limited to a term of one (1)
month or thirty-one (31) consecutive days, whichever is less.
6.2 Obli�ations of the City.
6.2.1 The City shall promptly process site and construction plan
applications for the Property that are consistent with the Comprehensive Plan and
the Concept Plan and that meet the requirements of the Code.
6.2.2 Upon adoption of this Agreement, the Project shall receive 60 units
from the Hotel Density Reserve as defined in Beach by Design
SECTION 7. Public Facilities to Service Development. The following public
facilities are presently available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrency ordinance provisions
applicable at the time of development approval unless otherwise provided by law. With
respect to transportation and other public infrastructure and services subject to
concurrency requirements, the City of Clearwater finds that all applicable concunency
provisions for the proposed development have been met.
7.1 Potable water is currently provided by the City of Clearwater. All
necessary main extensions and connections are existing
7.2 Sewer service is currently provided by the City. All necessary main
extensions and connections are existing.
7.3 Fire protection services are currently provided by the City of Clearwater.
7.4 Drainage facilities for the Property are existing
7.5 Transportation concurrency requirements have been met.
SECTION8. Required Local Government Permits. The required government
development permits for development of the Properly include, without limitation, the
following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-
way utilization permits;
SECTION 9. Consistency. The City finds that development of the Property is
consistent with the terms of this Agreement and is consistent with the City
Comprehensive Plan and the Code.
SECTION 10. Termination. If the Developer's obligations set forth in this
Agreement are not followed in a timely manner, as reasonably determined by the City
Manager, after notice to the Developer and an opportunity to be heard, existing permits
shall be administratively suspended and issuance of new permits suspended until the
Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve
as a basis for termination of this Agreement by the City, at the discretion of the City and
after notice to the Developer and an opportunity for the Developer to be heard.
SECTION 11. Other Terms and Conditions.
11.1 Except in the case of termination, until twenty(20) years after the date of
this
Agreement, the Property shall not be subject to down-zoning, unit density reduction, or
intensity reduction,unless the City has held a public hearing and determined:
11.1.1 That substantial changes have occurred in pertinent conditions
existing at the time of approval of this Agreement; or
11.1.2 This Agreement is based on substantially inaccurate information
provided by the Developer; or
11.1.3 That the change is essential to the public health, safety, or welfare.
SECTION 12. Compliance with Law. The failure of this Agreement to address
any particular permit, condition, term or restriction shall not relieve the Developer from
the necessity of complying with the law governing such permitting requirements,
conditions, terms or restrictions.
SECTION 13. Notices. Notices and communications required or desired to be
given under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail, return
receipt requested, addressed as follows (copies as provided below shall be required for
proper notice to be given):
If to the Developer: Clearwater Grande Holdings LLC
20001 Gulf Blvd.
Indian Shores, FL 33785
With Copy to: Northside Engineering Services, Inc
300 South Belcher
Clearwater, FL 33765
If to City: City of Clearwater, City Attorney
ATTN:
112 South Osceola Avenue
Clearwater,FL 33756
Properly addressed,postage prepaid,notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the 3rd day following
deposit in the United States mail, certified mail,return receipt requested. The parties may
change the addresses set forth above(including the addition of a mortgagee to receive
copies of all notices),by notice in accordance with this Section.
SECTION 14. Assi ng ments.
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations
in and to the Project, or any part thereof, only with the prior written notice to the
City,provided that such party(hereinafter referred to as the " assignee"), to the
extent of the sale, conveyance, assignment or other disposition by the Developer
to the assignee, shall be bound by the terms of this Agreement the same as the
Developer for such part of the Project as is subject to such sale, conveyance,
assignment or other disposition.
14.1.Z If the assignee of the Developer's right, title, interest and
obligations in and to the Project, or any part thereof assumes all of the
Developer's obligations hereunder for the Project, or that part subject to such sale,
conveyance, assignment or other disposition,then the Developer shall be released
from all such obligations hereunder which have been so assumed by the assignee,
and the City agrees to execute an instrument evidencing such release, which shall
be in recordable form.
14.1.3 An assignment of the Project, or any part thereof,by the Developer
to any corporation, limited pax-tnership, limited liability company, general
partnership, or joint venture, in which the Developer(or an entity under common
control with Developer) has either the controlling interest or through a joint
venture or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an
assignment or transfer subject to any restriction on or approvals of assignments or
transfers imposed by this Agreement, provided, however,that notice of such
assignment shall be given by the Developer to the City not less than thirty(30)
days prior to such assignment being effective and the assignee shall be bound by
the terms of this Agreement to the same extent as would the Developer in the
absence of such assignment.
14.1.4 No assignee,purchaser, sublessee or acquirer of all or any part of
the Developer's rights and obligations with respect to any one Parcel shall in any
way be obligated or responsible for any of the Developer's obligations with
respect to any other Parcel by virtue of this Agreement unless and until such
assignee, purchaser, sublessee or acquire has expressly assumed the Developer's
such other obligations.
14.1.5 Notwithstanding any other provision of this paragraph, the sale of
individual Interval Ownership Units in the ordinary course of business shall not
be subject to the requirements of this paragraph.
14.2 Successors and Assi ns. The terms herein contained shall bind and inure to
the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specifically provided herein.
SECTION 15. Minor Non-Compliance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such noncompliance,
in the judgment of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal
with each other in good faith and assist each other in the performance of the provisions of
this Agreement and in achieving the completion of development of the Property.
SECTION 17. Approvals. Whenever an approval or consent is required under or
contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Completion of Apreement. Upon the completion of performance of
this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded
in the official records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the scope
or intent and should not be used in the interpretation of any section, subsection or
provision of this Agreement. Whenever the context requires ar permits, the singular shall
include the plural, and plural shall include the singular and any reference in this
Agreement to the Developer includes the Developer's successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon
draftsmanship. If any term or provision of this Agreement is susceptible to more than one
interpretation, one or more of which render it valid and enforceable, and one or more of
which would render it invalid or unenforceable, such term or provision shall be construed
in a manner that would render it valid and enforceable.
SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the
application thereof to any person or circumstance is declared invalid or unenforceable,
the remainder of this Agreement, including any valid portion of the invalid term or
provision and the application of such invalid term or provision to circumstances other
than provision and the application of such invalid term or provision to circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected
thereby and shall with the remainder of this Agreement continue unmodified and in full
force and effect. Notwithstanding the foregoing, if such responsibilities of any party
hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits
sought to be received hereunder are frustrated, such party shall have the right to terminate
this Agreement upon fifteen(15) days written notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of
the City which is of general application not governing the development of land shall be
applicable to the Property, and such modifications are specifically anticipated in this
Agreement.
SECTION 23. Governing Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida without regard to the
conflict of laws principles of such state.
SECTION 24. Counterparts. This Agreement may be executed in counterparts, all
of which together shall continue one and the same instruments.
SECTION 25. Amendment. This Agreement may be amended by mutual written
consent of the City and the Developer so long as the amendment meets the requirements
of the Act, applicable City ordinances, and Florida law.
[remainder of this page is blank—signature page follows]
EXHIBIT A:
PROPOSED LEGAL DESCR/PT/ON -
PARCEL A - EX/ST/NG QUAL/TY/NlV
P�4RCEl '�4 "
ALL OF LOT 11 AND A POR TION OF LOTS 9 AND 10, BLOCK C, BA YSIDE
SUBDIVISIONNO. S, AS RECORDED INPLAT BOOK 38, PAGE 38, OF THE
PUBLICRECORDS OFPINELLAS COUNTY, FLORIDA. TOGETHER WITHALL
RIPARIANRIGHTS APPER TAINING THERETO, ALL BEING MORE
PAR TICULARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 11, BLOCK C, FOR A
POINT OF BEGINNING AND THENCE R UN SOUTH 12°38'43" WEST, ALONG THE
EAST BOUNDAR Y OF SAID LOT 11, A DISTANCE OF 270.06 FEET; THENCE
102.48 FEET ALONG THE ARC OF A CUR VE TO THE RIGHT, ALONG THE
SOUTHBOUNDARY OF SAID LOT 11 AND 10, BLOCK C, WITHA RADIUS OF
1000.00 FEET, A DELTA OF S°S2'19'; A CHORl7 BEARING NORTH 60°35'S4"
WEST AND A CHORD LENGTH OF 102.45 FEET; THENCE CONTINUE ALONG
THE SOUTHBOUNDAR Y OF SAID LOT 10, NORTH 57°29'06" WEST, A
DISTANCE OF 31.36 FEET; THENCE LEA VING SAID SO UTH BO UNDAR Y,
NORTH21°40'07"EAST, A DISTANCE OF 65.13 FEET; THENCE SOUTH 89°23'02"
EAST, A DISTANCE OF 8.21 FEET; THENCE NORTH 12°3725"EAST, A
DISTANCE OF 32.18 FEET; THENCE NORTH 32°4120"EAST, A DISTANCE OF
49.89 FEET; THENCENORTH IZ°40'09"EAST, A DISTANCE OF 68.03 FEET;
THENCE SOUTH 77°20'00"EAST, A DISTANCE OF 10.33 FEET; THENCE NORTH
I Z°40'00"EAST, A DISTANCE OF 3S.32 FEET TO THE NOR TH BO UNDAR Y OF
SAID LOT 10; THENCE ALONG THE NOR THBOUNDAR Y OF SAID LOT 10 AND
11, BLOCK C, 83.97 FEET ALONG THE ARC OF A CUR VE TO THE LEFT, WITH
A RADIUS OF 2700.00 FEET, A DELTA OF 1°46'SS'; A CHORD BEARING SOUTH
64°3521"EAST AND A CHORD LENGTH OF 83.97FEET TO THE POINT OF
BEGINNING.
CONTAINING 27,446 SQ. FT. OR 0.63 ACRES MORE OR LESS.
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� COLOR LEGEND: AO
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DEC. 14, 2012 RESUMBITTAL FOR CDB ���S a n t i e s t e b a n
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, ,■■ A R C H I T E C T S -
815 S.Howard avc. Tampa,fL 17606
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STEVE PAGE- PAGE COMPANIES o� � �-ww.Saa A«�om
�UALITY SHEET
BOB LYONS -COASTAL CONSTRUCTION o 0 655 Gulfview Blvd. INN Clearwater Beach, FL A'� 0.02
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DEC. 14, 2012 RESUMBITTAL FOR CDB ��S a n t i e s t e b a n
�, Associates
. ,■■ A R C H I T E C T 5 =
815 5.Howard A�e. Tampa,FL J3606
c ,.��wv.Sa'nrccom884 Fa.:613.253.0110
STEVE PAGE - PAGE COMPANIES o� �UALITY SHEET
BOB LYONS - COASTAL CONSTRUCTION o 0 655 Gulfview Blvd. TNN Clearwater Beach, FL A'� o.03
. u��a . `� LEGEND: #O
1. COVER OVER EXISTING
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. � � � � � - 6. EXISTING METAL ROOF PAINTED
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SOUTH SI DE �EY PLAN COLOR: TEAL GREEN
DEC. 14, 2012 RESUMBITTAL FOR CDB
Santiesteban
Associates
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815 S.Howard Ave. Tampa,FL 33606
W , �wv..5a81ArZScom884 Faz:813.253.0110
STEVE PAGE- PAGE COMPANIES o� �UALITY SHEET
BOB LYONS - COASTAL CONSTRUCTION o 0 655 Gulfview Blvd. [NN Clearwater Beach, FL A'� 0.04
LEGEND: #O
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DEC. 14, 2012 RESUMBITTAL FOR CDB /"�S a n t i e s t e b a n
/ ,�, 1�� Associates
, ,_— ,A R C H I T E C T S - I
.W.. 815 5.Howard A�c. 7rmpa.FL J3606
�he�c 8,3.25,.,884 F�x..8,3.253.0„� ,
STEVE PAGE - PAGE COMPANIES o� ww.sar-A«.���„ ,
�UALITY SHEET
�3 655 Gulfview Blvd. INI�T Clearwater Beach, FL '
BOB LYONS - COASTAL CONSTRUCTION o o A� 0.05
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Exhibit"C"
COVENANT REGARDING HURRICANE EVACUATION
And DEVELOPMENT,USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS
("Declaration") is made as of the day of , 2012,by Clearwater Grande
Holdings LLC ("Developer").
Developer is the owner of fee simple title to the real property described in
Schedule 1 attached hereto and made a part hereof(hereinafter, the(" Real Property").
The City of Clearwater, Florida(the "City"), has amended its Comprehensive Plan to
designate Clearwater Beach as a Community Redevelopment District pursuant to the
Pinellas County Planning Council Rules in order to implement the provisions of"Beach
by Design," a plan for the revitalization of Clearwater Beach. The designation of
Clearwater Beach as a Community Redevelopment District(the "Designation")provides
for the allocation of Hotel Density Reserve Units as an incentive for the development of
mid-sized quality hotels. Pursuant to the Designation,the allocation of Hotel Density
Reserve Units is subject to compliance with a series of performance standards, including
a requirement that resorts containing a hotel developed with Hotel Density Reserve Units
shall be closed and all Guests evacuated from such resorts as soon as practicable after the
National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The
purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance
of the period of time when a hurricane evacuation would be expected in advance of the
approach of hurricane force winds.
The City has granted,by City Council Resolution ,passed and approved on
, 2012, Developer's application for Hotel Density Reserve Units pursuant to
the Designation, subject to Developer's compliance with the requirements of the
Designation. Developer desires for itself, and its successors and assigns, as owner, to
establish certain rights, duties, obligations and responsibilities with respect to the use and
operation of the Real Property in accordance with the terms and conditions of the
allocation of the Hotel Density Reserve Units to the City and the Designation, which
rights, duties, obligations and responsibilities shall be binding on any and all successors
and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions here in set forth
and to be observed and performed, and in further consideration of the allocation of Hotel
Density Reserve Units to Developer, and other good and valuable consideration, the
sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and
agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made
for the benefit of Developer and its successors and assigns and shall be enforceable by
them and also for the benefit of the residents of the City and shall be enforceable on
behalf of said residents by the City Council of the City.
2. Covenant of Development, Use and O eration. Developer hereby
covenants and agrees to the development, use and operation of the Real Property in
accordance with the provisions of this Declaration.
2. 1 Use. The use of the resort on the Real Property is restricted as
follows:
2.1.1 A minimum of Sixty units, which is the number of hotel
units allocated to Developer, shall be used solely for transient
occupancy of one month or thirty(30) consecutive days or less,
must be licensed as a public lodging establishment and classified
as a hotel, and must be operated by a single licensed operator of
the hotel. No such hotel unit shall be used as a primary or
permanent residence.
2.1.2 All other 31 units shall be licensed as a public lodging
establishment. No unit shall be used as a primary or permanent
residence.
21.3 As used herein, the terms "transient occupancy," "public
lodging establishment," " hotel," and"operator" shall have the
meaning given to such terms in Chapter 509, Part I, Florida
Statutes (2004).
2.2 Closure of Improvements and Evacuation. The Hotel developed on the
Real Property shall be closed as soon as practicable upon the issuance of a hurricane
watch by the National Hurricane Center, which hunicane watch includes Clearwater
Beach, and all Hotel guests, visitors and employees other than emergency and security
personnel required to protect the resort, shall be evacuated from the Hotel as soon as
practicable following the issuance of said hurricane watch. In the event that the National
Hurricane Center shall modify the, terminology employed to warn of the approach of
hurricane force winds,the closure and evacuation provisions of this Declaration shall be
governed by the level of warning employed by the National Hurricane Center which
precedes the issuance of a forecast of probable landfall in order to ensure that the guests,
visitors, and employees will be evacuated in advance of the issuance of a forecast of
probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of
all building permits required to build the project ("Project"). This Declaration shall expire
and terminate automatically if and when the allocation of Reserve Units to the Developer
expires or is terminated.
4 Governing Law. This Declaration shall be construed in accordance with
and governed by the laws of the State of Florida.
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 Attornevs'Fees. Developer shall reimburse the City for any expenses,
including reasonable attorneys' fees,which are incurred by the City in the event that the
City determines that it is necessary and appropriate to seek judicial enforcement of this
Declaration and the City obtains relief,whether by agreement of the parties or through
order of a court of competent jurisdiction.
7 Severabilitv. 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.
[Remainder of this page is blank—signature page follows]
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NORTH SI DE N KEY PLAN COLOR: TEAL GREEN
DEC. 14, 2012 RESUMBITfAL FOR CDB /'� S a n t i e s t e b a n
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BOB LYONS- COASTAL CONSTRUCTION o 0 655 Gutfview Blvd. 1N N Clearwater Beach, FL A'� O.02
LEGEND: #O
1. COVER OVER EXISTING
C 2 ' SPLIT-FACED CMU WITH A
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� BANDING.
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DEC. 14, 2012 RESUMBITTAL FOR CDB - -
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�UALITY SHEET
BOB LYONS - COASTAL CONSTRUCTION o 0 655 Gulfview Blvd. INN Clea►water Beach, F� A'� o.03
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" �� �'� ° ' D. BERRIDGE METAL ROOF
SOUTH SI DE w " KEY PLAN COLOR: TEAL GREEN
DEC. 14, 2012 RESUMBITTAL FOR CDB �
�Santiesteban
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STEVE PAGE - PAGE COMPANIES o� �UALITY SHEET
BOB LYONS - COASTAL CONSTRUCTION o 0 655 Gulfview Blvd. INN Clearwater Beach, FL A'� 0.OL�
LEGEND: #O
, 1. COVER OVER EXISTING
'ti SPLIT-FACED CMU WITH A
PAINTED STUCCO.
2. PROVIDE ARCHITECTURAL TRIM
B C 2 � BANDING.
- °`� 3. PROVIDE BAHAMA SHUTTERS .
� 2
4. EXISTING ROOF TO REMAIN,
B A �'_r � EXISTING AWNING TO BE
,:,.—�—_
.• UPDATED TO TRI-COLOR.
� A� �s'� 5. EXISTING CANOPY TO BE
� AO �� REMOVED AND REPLACED WITH
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'��``' N COLOR: TEAL GREEN
WEST SIDE � KEY P�N
DEC. 14, 2012 RESUMBITTAL FOR CDB � �S a n t i e s t e b a n �
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,■■ A R C H I T E C T 5
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STEVE PAGE- PAGE COMPANIES o� �UALITY SHEET
BOB LYONS - COASTAL CONSTRUCTION o 0 655 Gulfview Blvd. INN Clearwater Beach, FL A'� O.05