DEVELOPMENT AGREEMENTKEN BURKE. CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY. FL
INST# 2013261078 08/09/2013 at 09:44 AM
OFF REC BK: 18118 PG: 691 -731
DocType:AGM RECORDING: $350.00
Development Agreement
THIS DEVELOPMENT AGREEMENT ( "AGREEMENT ") is dated the 6'." day
' 2013 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 1.43755 acres of
real property ( "Property ") in the corporate limits of the City, consisting of 1.43755 acres
of upland from the face of the seawall more particularly described on Exhibit A attached
hereto and incorporated herein; a 91 unit overnight accommodation known as Quality
Beach Resort exists on the site; and
WHEREAS, the Developer desires to develop an additional hotel by constructing
90 new overnight accommodation units, a parking garage, a lobby, a ground level pool,
and a bar; all of which will generally conform to the architectural elevation dimensions
shown in composite Exhibit "B "; The existing hotel structure located on the site is
known as the Quality Beach Resort and currently contains 91 overnight accommodations.
The Developer will reconfigure some of the rooms into suites and offices /storage/ in the
existing hotel so that it will contain no more that 81 overnight accommodations. The
total overnight accommodations on the entire site will be a maximum of 171.
WHEREAS, upon completion the existing hotel will contain 81 units and the new
planned hotel will contain 90 units for a total of 171 overnight accommodations, which
includes eighty (80) 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; adjacent to the existing Quality Inn Hotel.
SECTION 4. Scope of Project.
4.1 The Project ( "Project ") shall consist of no more than 171 overnight
accommodation units, to be traditional overnight accommodation units. The proposed
density is 118.99 units per acre, which is below the allowed 150 units per acre.
4.2 The Project shall include 206 parking spaces, as defined in the Community
Development code, of which 199 will be provided by a parking garage with 7 additional
surface spaces being provided adjacent to the parking garage. The parking garage, its
accesses, and the surface spaces will be shared with the existing adjacent Quality Hotel
site and contains sufficient parking for both hotels. (See 6.1.4)
4.3 The proposed heights of the building are 134' to the roof deck from base
flood elevation (BFE), 140' -3" to the midpoint of the equipment room mansard from
BFE and 150" to the top of the decorative peak from BFE.
4.4 The design of the Project, as represented in Exhibit `B ", is consistent with
Beach by Design.
4.5 The project shall 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 ten (10) 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 be consistent with the approved Site Plan and shall be approved by
the Planning Director as a minor modification, pursuant to the Code. Any
modifications determined by the Planning Director as either inconsistent with the
approved Site Plan or constituting a substantial deviation from the approved Site
Plan and thus requiring further approval by the CDB shall require an amendment
to this Agreement in accordance with the procedures of the Act and the Code, as
necessary and applicable. Any and all such approved and adopted amendments
shall be recorded in the public records of Pinellas County, Florida
6.1.3.2 The Developer shall obtain building permits within
one (1) year of the date of this Agreement (the "Initial Term "), and shall
thereafter timely obtain required certificates of occupancy, in accordance with
Code Section 4 -407. Nothing herein shall restrict Developer from seeking an
extension of these time frames pursuant to applicable provisions of the Code and
of the Florida Building Code or from seeking an amendment to this agreement.
6.1.3.3 The Developer shall execute, prior to
commencement, a mandatory evacuation/closure covenant, substantially in the
form of Exhibit "C" that the new 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 additional 90 room hotel and the
adjacent existing Quality Hotel shall share parking facilities, waste facilities,
sidewalks and other areas as needed. A shared access and parking agreement
shall be prepared and recorded by owner to ensure that both the existing hotel and
the new hotel guests/staff shall share the parking garage.
6.1.5 Allocation of Units from Hotel Density Reserve; Return of Units to
the Reserve Pool.Covenant Regarding 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 additional 80 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 6.1.3.2, 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.
6.1.6Trimsient 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.
6.1.7 Limitation on Amplified Music, Devel - r agrees that there shall be
no outdoor amplified music at the Project after 11:0 • on Sunday through
Thursday, or after 12:00 midnight on Friday and Saturday.
6.2 Obligations of the City.
6.2.1 The City shall promptly process site and construction plan
applications for the Property that are consistent with the Comprehensive Plan and
the Concept Plan and that meet the requirements of the Code.
6.2.2 Upon adoption of this Agreement, the Project shall receive 80 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 concurrency
provisions for the proposed development have been met.
7.1 Potable water is currently available from the City of Clearwater. The
Developer shall be responsible for all necessary main extensions and applicable
connection fees.
7.2 Sewer service is currently available from the City of Clearwater. The
Developer shall be responsible for all necessary main extensions and applicable
connection fees.
7.3 Fire protection services shall be provided by the City of Clearwater.
7.4 Drainage facilities for the Property will be provided by the Developer at
the Developer's sole expense.
7.5 Transportation concurrency requirements have been met.
7.6 All improvements associated with the public facilities identified
inSubsections 7.lthrough 7.4 shall be completed prior to the issuance of any certificate of
Occupancy.
7.7 The Developer is responsible for the payment of any required impact fees.
SECTION8.Required Local Government Permits. The required government
development permits for development of the Property include, without limitation, the
following:
8.1 Site plan approval(s) and associated utility licenses, access, and right -of-
way utilization permits;
8.2 Construction plan approval(s);
8.3 Building permit(s); and
8.4 Certificate(s) of occupancy.
SECTION 9. Consistency. The City finds that development of the Property is
consistent with the terms 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.
SECTION12. 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
begiven 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:
With Copy to:
If to City:
Clearwater Grande Holdings LLC
20001 Gulf Blvd., Suite #5
Indian Shores, FL 33785
Northside Engineering Services, Inc
300 South Belcher
Clearwater, FL 33765
City of Clearwater, City Attorney
ATTN: Pamela Akin
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. Assignments.
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations
in and to the Project, or any part thereof, only with the prior written notice to the
City, provided that such party (hereinafter referred to as the " assignee "), to the
extent of the sale, conveyance, 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.
14.1.2 If the assignee of the Developer's right, title, interest and
obligations in and to the Project, or any part thereof assumes all of the
Developer's obligations hereunder for the Project, or that part subject to such sale,
conveyance, assignment or other disposition, then the Developer shall be released
from all such obligations hereunder which have been so assumed by the assignee,
and the City agrees to execute an instrument evidencing such release, which shall
be in recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, limited liability 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
assignmentor 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
anyway be obligated or responsible for any of the Developer's obligations with
respect to any other Parcel by virtue of this Agreement unless and until such
assignee, purchaser, sublessee or acquire has expressly assumed the Developer's
such other obligations.
14.1.5 Notwithstanding any other provision of this paragraph, the sale of
individual Interval Ownership Units in the ordinary course of business shall not
be subject to the requirements of this paragraph.
14.2 Successors and Assigns. The terms herein contained shall bind and inure to
the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specifically provided herein.
SECTION 15. Minor Non - Compliance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such 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 Agreement. Upon the completion of performance of
this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded
in the official records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the scope
or intent and should not be used in the interpretation of any section, subsection or
provision of this Agreement. Whenever the context requires or permits, the singular shall
include the plural, and plural shall include the singular and any reference in this
Agreement to the Developer includes the Developer's successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon
draftsmanship. If any term or provision of this Agreement is susceptible to more than one
interpretation, one or more of which render it valid and enforceable, and one or more of
which would render it invalid or unenforceable, such term or provision shall be construed
in a manner that would render it valid and enforceable.
SECTION 21. Partial Invalidity. If any term or provision of this Agreement or
the application thereof to any person or circumstance is declared invalid or unenforceable,
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]
du 3
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this 9' day of
, 2013.
In the Presence of:
arnc,.1tc --
Print Name: }h,m& Kace,
As to "Developer"
Print Name:
Print Name:
As to "City"
STATE OF FLORIDA
COUNTY OF PINELLAS
earwater Grand Holdings, LL
By: —
Stephen Page, as Manager /Member
CITY OF CLEARWATER, FLORIDA
By: W;All..0 I g •
William B. Horne II,
City Manager
Attest:
i9��
Rosemarie Call, City Clerk
Countersigned:
Leo rt.cfvetkos
George N. Cretekos, Mayor
Approved as to Form:
AO(
eshe K. Doug. es
Assistant City A _ •. y
The foregoing instrument was acknowledged before me the �% day of
ersonall own to me or has [ ] produced I
cation.
STATE OF FLORIDA
COUNTY OF PINELLAS
No ary Public
Print Name: u-/) �f Ili - U eJ `111-1'
My Commission Expires: (p
The foregoing instrument was acknowledged before me the i0day of
2013, by (,t3 ; Q vn ,Nt i ytIe is [ i(personally known to me or has [ ] produced
as identification.
SANDRA HARRIGER
NOTARY PUBLIC
STATE OF FLORIDA
• Comm* EE142238
Expires 1/4/2016
Notary Public
Print Name: f-r".
My Commission Expires:
LEGAL DESCRIPTION
LEGAL DESCRIPTION
LOTS 8, 9, 10 & 11, BLOCK C, BA YSIDE
SUBDIVISION NO. 5, AS RECORDED IN PLAT
BOOK 38, PAGE 38, OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA. TOGETHER
WITH ALL RIPARIAN RIGHTS APPERTAINING
THERETO, IF ANY, PROVIDED, HOWEVER; THAT
NO FILL SHALL BE MADE BEYOND THE SEA WALL
LINE ES TABL ISHED ON THE PLAT
CONTAINING 62'? 19.83 SQ. FT OR 1.438 ACRES
MORE OR LESS.
•
EXHIBIT "B"
FIRST FLOOR
LLA scaktir .r4
itEfft krot • IIAGt COAMNIES
SOO I.YORS • COMTALCOKSTRMAION
OS Gutixtes* 8114
9V/SA''0.1
k. { k ■
1
A10.01
SECOND FLOOR
THIRD FLOOR
_ �.
f .
,
-a93 GWttsk�+ d d.
ir
.""°"
R# 1
fiear+rn.tn �ruh, f1
__.
� il
I
..._.... n er a r
Sal � Six �4Y
%'l 1tS5�e7fiiiCk,�"'�j
a r x
....
V
— _....—.....r...... _ _.y.,,��.
PAGE -PAGE COMPANIES ,_.,_ ...... _..
bAA IYDNS . CLIAgAL COxSt�tltCTliXi
". ' ,., mireac,4„.1 ' ..... '4'. '44 . ‘4,, ; lb fin
61 , 111 ! ta. . t 4/ ii■
a a •
... .
. . ... - .,...
t-----H.-''Z't;-'rr'r's----Yr ..._ . . ....,....1:4,,,r.................i 7....r-
. 1 '
, . ,..
1 i
,. •
. , \ ....
FOURTH FLOOR
SCALV itr 1.4
— ,_......., .„,..„. „,„..„ --,— ,. —.......,–......-- ......, ..
sleet PAGE - PAGE CalPANIES
BOB 'LYONS .CO4TAL CONSTRUCIION 1
,:e..',1
63 S Cottriew Strd.
, t.,
'
' Citatwattr Stack Fl.
.... _„......„„
0 Al .04
,
ij
,,, )..b.0
Id
ar1FT1-1 FLOOR
SCA11: *
*
t*Is r..:Ibtf ott. LF
A10 05
iltvt ot4r . PAGE COAPAVES
bee LAM . coAsta reps-rottirnott
i jr,'1.1,5311,0•051#blitt
4 It
' , A&Qt141C'S
4 ■., ■ < t , ' , ,
5.11W4 MGC - YAGCC.'sM).WKS
sea 1i4- CCPSTALOIKARUCMRi1
A10.06
VENTH FLOOR
a r+r - rc€
P,�Gf RefGf.QWMR+t <
ew4vi S cwstucorafwcrwH `
.sivac
}
•ckaHmrwacn rti•
(" j''}'
Al V V
EIGHTH FLOOR
it1lR'1' -p'
Ai5 c �r rc Blvd.
T
Ctenn rates
•
Si£YL PAGE • O S CQi1r'AtflfS
600 Lrae s • tOASTAt „ows .
Sanciesieban
ASSSJ ;iatr
i s 4
' -..
A10.08
2 sa. „.. «t-tr
NINTH FLOOR
r
x Gtd. #rGt+r Ri+ee#, .s> r3 C #xntsveg2St D.ctt, ft
9
SiWLPAAL- n.'CO+PAlt£S
lSR LYJFFdi.. • TAR, t£Hi5i'RVCtlt 3i{
aatdx x
f ,..... .,, .:. °..
snEvr PAGE CCSWAtTIES
B IYQ1S COASTAL CONSTOLICTSOo
ASS Ct.dwIttv
riA, TENTH - ELEVENTH FLOORS
SCAM Ur
Sitot festetr
ASSOC t.ei
Cletnvatel
A10.10
r TWELVTH FLOOR
1, i sew: yr • 1.47
. _
��
rye
sane � ��
TTVE PAGE. f,6GE Ct GAMES
SSoctat #S
x
Al "'
0
1
acct cra+s. • CaRS-,sx caar a <
+
ass c atYs
et Md.
(
an a+ar St
m. a
' ..
4
THIRTEENTH FLOOR
SCALE: 1,1y.
Blvd. ter dea3
. ,
.._. lattcatebars
A x,zbca"aR '
O. 1
5MT PAGE . ACEariPANIE5
Y37S • COAiTA:CGNSTRtKM
pp6[,
WS-
N 3
a a�E C r
- CCASrAI ta"kiSiRtKtloti
tji a..
S
OS Gut€ k�, mini.
}
F
A
aemwator6sati+,.
55Y�48 IeS
FIFTEENTH FLOOR
SCALE: 1 /C` • 1 =4
a �
a ° •
-
. tt.
• •"
tw ,
4
5TEVD
80e ,„
. p c..c C
•C T
4'ANIi3
CQtkSTRUGFIOit
6
Antie$teQaA
/:SS, k
.-�` °•.
ROOF PLAN
SCAM lir r-tY
ssrvE Pie.4 PAGE COMPANIES
0.0t6 COASTAL. COIISTRUCTIOU
raPr% 4.7115 An X slet)Ittrabt-t4*Z
A10.15
arrester Bea.ch. Ft
4-5,31460
Cif
*Woo
luaztt.,111
4k,
rrirn
SKAPoti.kt ,
"
1.1
a 4 ST D
til ran t C., -.1
W . al - VIM ■IIIII. ow "
O eget all
Of 4 Z.$11 GM 1.1,T7 I 0.: r..
.....
........ it..........,..„....
..... w '41f aiii.; ..:17
sew Is air' girt o
III. E CI El Ira mit 1111L .1"1"..t"1 13,12F . 7 71 1
rallEE WI li V irre:T.; Ls 'irz
.14111,0 ■NI.11.
nal OM 1711 au
MR
.......
i,
--m ..,,-,
ma
,_-I ask 4 lio is -iutfrAmt
ill
• MU
IH
„..
7. 1
AT.
We jtrn
LIR
NORTH ELEVATION
KUL 11.12*.i'.4r
STEW PAGE PAGE CC0040403
BOB Mots trAstAL otaTpliEtton
aemwater **acts, ft
; 4;ROMA14.15f4, toga .toq” vv.
Igr;:ttvwxwavouroat ojittrItot
0 (1). "'"'""6.4Nfq;%'"'*"'"'-r*;t1.*1,S."'"'"'"rM.W."'"'"";'"k
WM*
.*
r.
(1) monegmAlorm.Ax•
MINAKINSt.ititiOat C.14).61,0
CO M WOW W re.
COM III
(i) 51,44Att AtAt f WNW.
410g1914 Mtn •**CI
OP% WM'
4,10}0460tat
0‘767:x00,4044,4,Met.pa.ff
turiti TalaCI ,.0
4 inetrtag.wo
I c lt •FIX4
V.04111.114a120441441;0040.1
tacaunameroopusi,mcgon
otwu P11111 for* toorroct tov, II
'8
* 4 7 7 7 ••
A20.01
A4sociates
(1)-44./.04t rAnist,am letsrvg
Vrt ifttkr1+,,,srrm trttr; '
Artattorti ittorerttMOVAPArrttorittr
(I) Mott Mgr* ”P,
(1) wpm" rums.,1.4.6 'ow.. •
tiMME0,...00414444E. f
1„f; fttorfte, MU* t$1100stlf
e V464,04 ons. rAo to.
$400410. P4019 OW SINN% M
e RISC awe a.. ro.
oNo.ote,osuroass4atea
CtE, owesa guttrast
wI4IPtLMR. 111.ta.6*
PM:0mM
avgatluo mat
ialcommoortiot
strew *mum,.
c�n.mr 100 at w...4
,.‘so
girMSTI4 le...ott,,por no*
atseatorotwouuta okiroote
(:3) AMMO ht St Pok itikt
CijtrAterrt■RiMrtattOolialltrattrtft.91.*
t...r•ratt
0
errottm retrrirt
- tot
+4,4tozo' am
■11
01.teR
!J
IrttrOl I
• s r
1
t:9.
1111111
. ■..a it.. 2i;
4. AA n7.10
Attwaiwa‘kk,.. .fre
ii t var.; ril r ft
4#2,440416,
II ;IP it
Sitttnt
!!fl!! !!!!
EA T ELEVATION
sokb 3It r0
1,
-411014. 1'
. 4sec.rsuLkt
IL Avorto.i
I
...i ..
.3s,.., .
f
" "" ,f,. at
O twa,
E
iEach4 t.
ill
......... ....... ....
A20.02
i
ma ri■Gt , PAGE COMPAtile •
.0...............
r;V:Valgrctilittg
At 4, , • , t t ' • .
14rt,.:.,v,, 7
E(YOZV
3.11.1*.rosvp
1.4011,0013 HitIOS
1 sr st Wrs`rer
"HAM
!LIV. .f.'•
II
Pit
IT I 100143411011:*W181£0 9,00 10/
tille."9, 27.4 •• ar.•4 Wil*K
111,112 INNIS Ikt 1413.41,1i
"kw
Firifi.41;
C•titt:°^`,"'1.
ter.•
v•A ;14,7z.;;;;n.
re
)45 it
41.4.14,4,
kot;4246-exariV,W0i
WEST ELEVAI
%NA=Its"'.
4f3 Y. +ie+'... �.i
-;
,.��........—.
...„K— M
I
CinM�4a'fib%��1,..
�E
t
.y .= �••'° —`
A20 04
KEY PLAN
LEGEND:
1. COVER OVER EXISTING
SPLIT -FACED CMU WITH A
PAINTED STUCCO,
2. PROVIDE ARCHITECTURAL TRIM
BANDING.
3. PROVIDE BAHAMA SHUTTERS .
4. EXISTING ROOF TO REMAIN,
EXISTING AWNING TO BE
UPDATED TO TRICOLOR.
5. EXISTING CANOPY TO BE
REMOVED AND REPLACED WITH
NEW CANOPY COVERING WALK
TO HAMPTON INN.
6. EXISTING METAL ROOF PAINTED
TO NEW COLOR.
COLOR LEGEND: )
A. SHERMAN WILLIAMS:
DERNE WHITE SW6168
B. SHERWIN WILLIAMS;
AMBITIOUS AMBER SW6366
C. SHERWIN WILLIAMS:
FAMILIAR BEIGE 5W6093
D. BERRIDGE METAL ROOF
COLOR: TEAL GREEN
DEC. 14
ntiesteban.
Associates
I T C `f S
1401a4. t. 3)3.56
STEVE PAGE'- PAGE COMPANIES
BOB LYONS • COASTAL CONSTRUCTION
655 Gut fvlew Blvd.
Ctearwaker Beach, FL
SHEET
Al O..
LEGEND: j
1. COVER OVER awnI
SPLIT -FACED CAW W
PAINTED STUCCO.
2. PROVIDE ARCHITECTURAL TRIM
BANDING.
3, PROVIOC BAJ4AMA SHUTT(RS
4. EXISTING ROOF
EXISTING AWNING TO OE
UPDATED TO 111-COL
5. EXISTING CANOPY TO BE
REMOVED AND R£PRACED WITH
EW CANOPY MIRING WALK
TO HAMPTON
EXISTING METAL ROOF PAINTED
TO NEW COLOR.
NORTH -EAST SIDE
COLOR LEGEND:
A. SHERWIN WILLIAMS
MODERNS WHITE SWb1b8
B. StIERWIN WIU
AMBTLfOUS AMBERS
C. SHERWIN WILJJAMS:
FAAVIJAR BEIGE SW6093
D. BERRIDGE METAL ROOF
COLOR: TEAL G
ntiestebaa
Associates
i dY S
8; a d '4i
PAGE COAPANIES
COASTAL CONSTRUCTION
SHEET
Al 0.03
LEGEND:
I. COVER OVER
SPLff FACED CIA WITMA
PAINTED STUCCO.
ARCHITECTURAL TRIW.
3. PROVIDE GOMM SHUTTERSs..
4. EXISTING ROOF TO REMAIN,
EXISTING AWNING TO BE
UPDATED TO T111-031011.
CANDIW TO BE
AND REPLACED WITH
NEW CANOPY COVERING WALK
T014AMPTON INK.
6. EXISTING METAL ROOT PAINTED
TO NEW COLOR.
COLOR LEGEND:
A. SHERWiN WILLIAMS:
SW6168
SOUTH SIDE
KEY PLAN
D
CC
DEC. 14 ,1012 RESN1MBiT1 AL FOR 51111
655 Gutfvtrw Otvd.
[ �►,
�*l4
E1�ift
Clearwater Beads. Pt .
San e trt n S tie R
k} ; £
A:51 PMa.. f $4. . ii 44A2b
' SI1EaET'
A10.04
•
5 TEVE PAGE PAGE CO ANWS
8538 tPONS - COASTAL CONSTRUCTION
LEGEND:
1. COYER, OVER EXISTING
SPLIT -FACED CMU WITH A
TED STUCCO.
2. PROVIDE ARCHITECTURAL. TRIM
3. PROVIDE BAHAMA SHUTTERS .
4. EXISTING ROOF TO REMAIN,
EXISTRIG AWNING TO 8C
UPDATED TO TRI- COLOR.,
5. EXISTING CANOPY TO BE
REMOVED AND REPLACED WITH
PEW CANOPY COVERING WALK
TO HAMPTON MIN.
4. EXISTING METAL ROOF PAINTED
TO NEW COLOR.
COLOR LEGEND:
SHERWIN WILUAMS:
NE WHITE 5W6168
EST SIDE
C. 5HERWIIt YTILLI�4l S
FAMLIAR BEIGE SW6093-
• w �F D. BERRIDGE METAL ROOF
EY PLAN COLOR: TEAL GREEN
B
S- ntiesteban
Associates
C N T E t7. 7 S
PAGE - PAGE COMPANIES
DOD LIONS • COASTAL CON S11W1
Blvd:
Clearwater Beat, FL
SHEET
0.05
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 ?t'" day of Q.t.� �- , 2013, by Clearwater
Grande Holdings, LLC ( "Developer ").
Developer is the owner of fee simple title to the real property described in
Schedule I 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 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 the City Council Resolution , passed and approved
on , 2013, 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
operation of the Real Property in accordance with the terms and conditions of the
allocation of the Hotel Density Reserve Units to the City and the Designation, which
rights, duties, obligations and responsibilities shall be binding on any and all successors
and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth
and to be observed and performed, and in further consideration of the allocation of Hotel
Density Reserve Units to Developer, and other good and valuable consideration, the
sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and
agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for
the benefit of Developer and its successors and assigns and shall be enforceable by them
and also for the benefit of the residents of the City and shall be enforceable on behalf of
said residents by the City Council of the City.
2. Covenant of Development. Use and Operation. Developer hereby
covenants and agrees to the development, use and operation of the Real Property in
accordance with the provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as
follows:
2.1.1 A minimum of ninety (90) 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 81 units shall be licensed as a public lodging
establishment. No unit shall be used as a primary or permanent
residence.
2.1.3 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 new Hotel developed on
the Real Property shall be closed as soon as practicable upon the issuance of a hurricane
watch by the National Hurricane Center, which hurricane watch includes Clearwater
Beach, and all Hotel guests, visitors and employees other than emergency and security
personnel required to protect the resort, shall be evacuated from the Hotel as soon as
practicable following the issuance of said hurricane watch. In the event that the National
Hurricane Center shall modify the, terminology employed to warn of the approach of
hurricane force winds, the closure and evacuation provisions of this Declaration shall be
governed by the level of warning employed by the National Hurricane Center which
precedes the issuance of a forecast of probable and fall in order to ensure that the guests,
visitors, and employees will be evacuated in advance of the issuance of a forecast of
probable and fall.
3 Effective Date. This Declaration shall become effective upon issuance of
all building permits required to build the project ( "Project ") and Developer's
commencement of construction of the Project, as evidence by a Notice of
Commencement for the Project. This Declaration shall expire and terminate
automatically if and when the allocation of Reserve Units to the Developer expires or is
terminated.
4 Governing Law. This Declaration shall be construed in accordance with
and governed by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the
Real Property with the Clerk of the Courts of Pinellas County, Florida.
6 Attorneys' Fees. Developer shall reimburse the City for any expenses,
including reasonable attorneys' fees, which are incurred by the City in the event that the
City determines that it is necessary and appropriate to seek judicial enforcement of this
Declaration and the City obtains relief, whether by agreement of the parties or through
order of a court of competent jurisdiction.
7 Severability. If any provision, or part thereof, of this Declaration or the
application of this Declaration to any person or circumstance will be or is declared to any
extent to be invalid or unenforceable, the remainder of this Declaration, or the application
of such provision or portion thereof to 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)
IN WITNESS WHEREOF, Developer h
, 2013.
1314,
In the Presence of:
Print Name:
As to "Developer"
Print Name:
Print Name:
As to "City'
this
claration to be executed this . day of
Clearwater Grand Holdings,'LLC
By:
Stephen Page,
anager/Member
CITY OF CLEARWATER, FLORIDA
By: _WA
William B. Home II,
City Manager
Attest:
/Yt O) Cf a- '-
Rosemarie Call, City Clerk
Countersigned:
-'7&'4e Acrd kt
George N. Cretekos, Mayor
Approved as to Form:
Leslie K. Dougall -Si
Assistant City Morn
STATE OF FLORIDA
COUNTY OF PINELLAS J"
regoing instrument was acknowledged before me the r-7 of
is erso has produced
.ai 13, b +. , , _ : �. , e is ['y� -p � J p
as identification.
ii "i
NET L. KtiUEGEtt
Stott of Florida
Juol 29, 2016
n EE 176965
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was ackowledged before me the 1-54..
day of k S�
2013, by W i ll iarAZNk He is [ personally known to me or has [ ] produced U
as identification.
SANDRA HARRIGER
NOTARY PUBLIC
STATE OF FLORIDA
Comm# EE142238
Expires 1/4/2016
Notary Public
Print Name:
My Commission Expires:
laolta