FLD2003-09054
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CJ SUBMIT ORIGINAL SIGNED AND NOTARIZED APP19-Er E I VE
CJ SUBMIT 12 COPIES OF THE ORIGINAL APPLlCA TI~ .~
1) collated, 2) stapled and 3) folded sets of site plans
CJ SUBMIT APPLICATION FEE $J I 205: ~
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CASE #: L
DATE RECEIVED:
RECEIVED BY (staff initials:
ATLAS PAGE #:
ZONING DISTRICT:
LAND USE CLASSIFICATION:
SURROUNDING USES OF ADJACENT
PROPERTIES:
NORTH:
SOUTH:
WEST:
EAST:
o
Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4865
)-,
* NOTE: 13 TOTAL SETS OF INFORMATION REQUiRj:o.. N""NG D:r::l!J,1J:lT;\~ENT
(APPLICATIONS PLUS SITE PLAN SETS) I-Lf~ l';It ...;:r, \f"\ i .~_ _
FLEXIBLE DitM6P~WIf ~PLICATION
Residential Inml Project (Revised 11/05/02)
-PLEASE TYPE OR PRINT-
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section4-202.A)
APPLICANT NAME: The Grand Bellagio at Baywatch, Limited Partnership
MAILlN~ADDRESS: 474 N.Northlake Blvd., Ste. 1020, Altamonte Springs, FL 32701
PHONE NUMBER: (321) 207-7000
FAX NUMBER: (321) 207-7002
PROPERTY OWNER(S):
The Grand Bellagio @ Baywatch, Limited Partnership
(Must include ALL owners)
AGENT NAME: King Engineering Associates, Inc., David B. Fleeman
MAILING ADDRESS: 4921 Memorial Highway, Suite 300, Tampa, Florida 33634
PHONE NUMBER: (813) 880-8881
FAX NUMBER: (813) 880-8882
CELL NUMBER:
E-MAILADDREss:dfleeman@kingengineering.com
B.
PROPOSED DEVELOPMENT If'!FORM~ TION: (~ode Section 4-202.A) ,.
270 I V,a- e. f'~:o.n. C.\e.o."'''''''+~V' 8e"'c.~
STREET ADDRESS: U. S. Hwv 19 North & Bavwatch Boulevard
LEGAL DESCRIPTION:
See Attachment 1
l'll'l Ie." l;)(C!
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PARCEL NUMBER:
20-29-16-32691-000-001
Zl>-2.~-'(P- 00000 - 330- C>7oo
PARCEL SIZE:
38.111: acres
(acres, square feet)
PROPOSED USE(S) AND SIZE(S): Same as exi sting
(number of dwelling units, hotel rooms or square footage of nonresidential use)
DESCRIPTION OF REQUEST(S): Reduction in parking setback from property line and in landscaPE
(include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.)
buffer requirement to 0.75' (each side of property line) in order to construct 35
additional parking spaces.
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Page 1 of 7 - Flexible Development Residentiallnfill Application - City of Clearwater
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DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO ~ (if yes, attach a copy of the applicable
documents)
C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5)
o SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED OR AFFIDAVIT ATTESTING TO THE OWNERSHIP OF THE PROPERTY
See Attachment 2
D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A)
o Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA- Explain how each criteria is achieved, in detail:
1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it
is located.
See Attachment 3
2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly
impair the value thereof.
See Attachment 3
3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed
use.
See Attachment 3
4. The proposed development is designed to minimize traffic congestion.
See Attachment 3
5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
See Attachment 3
6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts,
on adjacent properties.
See Attachment 3
Page 2 of 7 - Flexible DevelopmentResidentiallnfill Application - City of Clearwater
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a Provide complete responses to the seven (7) RESIDENTIAL INFlll PROJECT CRITERIA - Explain how each criteria is achieved, in detail::
1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and
development standards. .
See Attachment 4
2. The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market value of
abutting properties. (Include the existing value of the site and the proposed value of the site with the improvements.)
See Attachment 4
3. The uses within the r6.-Klential infill project are otherwise permitted in the City of Clearwater.
See Attachment 4
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4. The uses or mix of use within the residential infHl project are compatible with adjacent land uses.
See Attachment 4
5. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel
proposed for development.
See Attachment 4
6. The design of the proposed residential infill project creates a form and function that enhances the community character of the immediate
vicinity of the parcel proposed for development and the City of Clearwater as a whole.
See Attachment 4
7. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the
immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole.
See Attachment 4
Page 3 of 7 - Flexible Development Residentiallnfill Application - City of Clearwater
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E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A)
o SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 copies; See Attachment 1 & 5
o TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location,
including drip lines and indicating trees to be removed); See Attachment 5
o LOCATION MAP OF THE PROPERTY; See Attachment 6
o PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the
submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in
accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the
parking standards are approved; N / A
o GRADING PLAN, as applicable; See Attachment 6
o PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); N / A
o COPY OF RECORDED PLAT, as applicable; N / A
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Code Section 4-202.A)
o SITE PLAN with the following information (not to exceed 24" x 36"): See Attachment 6
All dimensions;
North arrow;
Engineering bar scale (minimum scale one inch equals 50 feet). and date prepared;
Location map;
I Index sheet referencing individual sheets included in package;
Footprint and size of all EXISTING buildings and structures;
Footprint and size of all PROPOSED buildings and structures;
All required setbacks;
All existing and proposed points of access;
All required sight triangles;
Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen
trees, including description and location of understory, ground cover vegetation and wildlife habitats. etc; .
Location of all public and private easements;
Location of all street rights-of-way within and adjacent to the site;
Location of existing public and private utilities, including fire hydrants, storm and sanitary sewe-r lines. manholes and lift stations, gas
and water lines;
All parking spaces, driveways, loading areas and vehicular use areas;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required .screening {per
Section 3-201 (D)(i) and Index #701};
Location of all landscape material;
Location of all on site and offsite storm-water management facilities;
Location of all outdoor lighting fixtures; and
Location of all existing and proposed sidewalks.
Q SITE DATA TABLE for existing, required, and proposed development, in writtenltabularform: See At t a chme n t 6
Land area in square feet and acres;
Number of EXISTING dwelling units;
Number of PROPOSED dwelling units;
Gross floor area devoted to each use;
Parking spaces: total number, presented in tabular form with the number of required spaces;
Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area;
Size and species of all landscape material;
Official records book and page numbers of all existing utility easement;
Building and structure heights;
Impermeable surface ratio (I.S.R.); and
Floor area ratio (FAR.) for all nonresidential uses.
Q REDUCED SITE PLAN to scale (8 Y, X 11) and colorrendering if possible; See At tachment 7
o FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan:
One-foot contours or spot elevations on site;
Offsite elevations if required to evaluate the proposed stormwater management for the parcel;
All open space areas;
Location of all earth or water retaining walls and earth berms;
Lot lines and building lines (dimensioned);
Streets and drives (dimensioned);
Building and structural setbacks (dimensioned);
Structural overhangs;
Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees.
Page 4 of 7 - Flexible Development Residentiallnfill Application - City of Clearwater
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G. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and
4-202.A.21) See Attachment 8
o STORMWATER PLAN including the following requirements:
Existing topography extending 50 feet beyond all property lines;
Proposed grading including finished floor elevations of all structures;
All adjacent streets and municipal storm systems;
Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure;
Stormwater calculations for attenuation and water quality;
Signature of Florida registered Professional Engineer on all plans and calculations
gg COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL
(SWFWMD approval is required prior to issuance of City Building Permit), if applicable
o COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable
H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) See Attachment 9
o LANDSCAPE PLAN:
All existing and proposed structures;
Names of abutting streets;
Drainage and retention areas including swales, si~.= slopes and bottom elevations;
Delineation and dimensions of all required perimeter landscape buffers;
Sight visibility triangles;
Delineation and dimensions of all parking areas including landscaping islands and curbing;
Proposed and required parking spaces;
" Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline;
Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and
common names;
Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and
protective measures;
Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and
percentage covered;
Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board);
Irrigation notes.
Q REDUCED LANDSCAPE PLAN to scale (8 % X 11) (color rendering if possible);
Q IRRIGATION PLAN (required for level two and three approval);
Q COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable.
I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) N / A
Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as
part of a Comprehensive Infill Redevelopment Project or a Residential I nfi II Project.
Q BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials;
Q REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 % X 11) (black and white and color
rendering, if possible) as required.
J. SIGNAGE: (Division 19. SIGNS I Section 3-1806)
lC All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be
removed or to remain. See Attachment 10
Q All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing
Q Comprehensive Sign Program application, as applicable (separate application and fee required).
Q Reduced signage proposal (8 % X 11 ) (color), if submitting Comprehensive Sign Program application.
Page 5 of 7 - Flexible Development Residentiallnfill Application - City of Clearwater
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N/A
TRAFFIC IMPACT STUDY: (Section 4-801.C)
o Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive
Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to
Section 4-801 C of the Community Development Code for exceptions to this requirement.
L. SIGNATURE:
I, the undersigned, acknowledge that all representations made in this
application are true and accurate to the best of my knowledge and
authorize City representatives to visit and photograph the property
described i~ this application.
sentative
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STATE OF FLORIDA, COUNTY OF PINELLAS rJ;/ ~
~s rn to and subscribed before me t.hiS tZf.O..:.... - day of
~ . A.D. 20Q2 to me and/or by
"'~M J;Jd~okhr, Who is personally known has
produced as
identification.
s: 1.2-dS-O'l
Page 6 of 7 - Flexible Development Residentiallnfill Application - City of Clearwater
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M. AFFIDAVIT TO AUTHORIZE AGENT:
The Grand Bellagio at Baywatch, Limited Partnership
Chris Del Guidice
(Names of all property owners)
1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location):
See Attachment I
2. That this property constitutes the property for which a request for a: (describe request)
Reduction in arkin setback and landscape buffer requirement to construct
additional
aces for existing multi-family development.
3. That the undersigned (haslhave) appointed and (does/do) appoint:
David B. Fleeman,
King Engir~ering Associates, Inc.
as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition;
4. Tha~ this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property;
5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City
representatives to visit and photograph the property described in this application; ..' /
6. Tho! (11we), ~. ""d'''''o.d .",hori~, h.m'y ~"""~"~' Iom,olo, · true rt4 /~ 1-:2
Property Owner .
Property Owner
COUNTY OF PINELLAS
STATE OF FLORIDA,
Before me the undersigned, an officer duly commissioned bythe)aws of the State of Florida, on this d ~ Tn.- day of
S . ~tJ03 personally appeared t"'AA j.5-kl"oh"'- Dr.lo;v./>-Y.Jt' f' who having been ftrst duly sworn
eposes and says that he/she fully understands the contents of the' affidavit that he/she signed. ~. . .
~\\\'''"''''''III. Notary Public ~
My commissio~ ~~~:; ~ y ~"~~~~~ .~~-4:~~
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Page 7 of 7 - Flexible Development Residentiallnftll Application _ City of Clearwater
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GENERAL APPLICABILITY CRITERIA
1. The existing land use is multi-family residential housing including both garage and
surface parking. The proposed parking expansion includes additional surface parking
spaces scattered throughout the existing development. The scale, bulk, coverage, density,
and character of the proposed improvements are generally consistent with the
development character of both the existing onsite and the adjacent Venezia project.
2. The adjacent Venezia property has been recently developed with an intensity and use
matching the subject property. As a result, the use and value of adjacent land and
buildings will not be negatively impacted by the proposed variance. In general, the
existence of this high-value residential project will increase surrounding real estate values
and encourage appropriate development of adjacent land.
3. The construction of additional off-street parking spaces will improve the safety to
existing residents by providing an alternative to on-street or double parking.
4. The proposed development will not generate any additional trips. All of the additional
spaces will support existing residential units and will relieve traffic congestion by
providing a alternative to on-street or double parking.
5. The proposed improvements within the Bellagio project are adjacent to the Venezia site.
Since these two projects are sister developments constructed by the same owner, the
community character of the subject parcel is identical to the adjacent parcel.
6. The proposed improvement support existing development and will not change the visual,
acoustic, olfactory, or hours of operation currently in effect.
0:\ADMIN\2003\Projects\1180-002-005\forms\CL W Res Attachments.doc
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RESIDENTIAL INFILL PROJECT CRITERIA
1. The existing development is configured such that the only opportunity for a significant
increase in the quantity of surface parking to serve the existing development is to deviate
from the City development standards and allow a reduction of setback and landscape
buffer requirements.
2. Since the parcel nearest the proposed parking improvements was developed with the
same intensity and character of the subject property, it is highly unlikely that this
proposed modification will have any measurable impact on the fair market value of the
adjacent parcel. In addition, the adjacent property nearest the improvements is owned by
the applicant.
3. Off-street parking is permitted by the City in residential zoned areas.
4. The proposed parking addition supports existing residential land use and is compatible
with all adjacent land uses.
5. approval of the residential infill application will upgrade the immediate vicinity by
reduction parking congestion and discouraging on-street and/or double parking.
6. The parking addition includes curve-a-linear design supplemented with intense landscape
treatment to enhance the form and function of the development while maintaining the
current high quality character in the immediate vicinity of the proposed development.
7. Reduction in setbacks for the proposed parking area is warranted by the reduction in
parking congestion in the immediate vicinity of the development.
0:\ADMIN\2003\Projects\1180-002-005\fonns\CL W Res Attachments.doc
~i~J~
~jliil Engineering
~nvjr()nmental Engineering
Transportation Planning & Engineering
!'avement Management
Land Planning
Ecological Services
Surveying & Mapping
Construction Management
GIS Mapping
Landscape ',H;hit.Clure #LC26000183
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RECEIVED
C', ED ',',',' i. 'J""'~
,J J "U LuG.)
September 29,2003
FtJ\N~,jlNG DEPART~;.I'ENT
CrfY OF CLEARVVATEH
Mr. Mark Perry
City of Clearwater
Development Review Services Department
100 S. Myrtle Avenue
Clearwater, FL 33756
Re: The Grand Bellagio at Baywatch - Flexible Development Application
Dear Mark:
The Owners of the Grand Bellagio at Baywatch have identified the need for additional
at-grade parking spaces to serve the existing multi-family development. The
additional spaces are proposed to be scattered throughout the southwestern portion of
the original project to create a total of 33 additional parking spaces by adding stalls
along the existing drive aisles and displacing some of the adjacent vehicular landscape
buffer.
The attached flexible development application includes a request to reduce the
required setback to vehicle use area, in addition to required minimum buffer landscape
requirements in order to construct the proposed additional spaces. Attached please
find the following items for your review and approval:
· One (1) original flexible development application and associated attachments.
. Twelve (12) copies of the flexible development application and attachments
. A check payable to the City of Clearwater in the amount of $1,205.00 for the
associated review fee.
Should you have any questions regarding this submittal, please do not hesitate to
contact me at (813) 880-8881.
~
David B. Fleeman, P.E.
Project Manager
4921 Memorial Highway
One Memorial Center
Suite 300
Tampa, Florida 33634
Phone 813 . 880 . 8881
Fax 813 . 880 . 8882
Pasco 727' 846 . 0904
www.kingengineering.com
DBF/jmw
Attachments
cc: Scot Hamilton Del American
Michael Ross, King
File 1180-002-005
Celebrating 25 Years of Engineering Excellence
Offices in Tampa and Jacksonville
O:\ADMIN\2003\Projects\1180-002-005\letter\PerryO 1.DBF .doc
AUG-26-2003 TUE 04:52 PM Mura' Wald Biondo
FAX NO. 305 58 9490
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,-I AMERICAN LAND TITLE,iASSOC1AT10N,-...::
OWNER'S POLICY 00-/7-92)
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(WITH FLORIDA MODfFICAT10NS)
10 0 72 2 10 6 ia 0 0 001 7 6
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TITLE INST.jJRANCE
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SUBJECT TO THE EXCLUSIONS FROM COVERAqiE. THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDm<\)NS AND STIPULATIONS, CHICAGO TITLE
INSURANCE COMPANY. a Missouri corporation. herein calJed the Company, insures. as of Dare of Policy shown
in Schedule A, against loss or damage. not exceeding the 1unt of Insurance stated in Schedule A. sustained Or
incurred by the insured by reason of: .
1. Title to the estate Or interest described in Schedule A ~irig vesred other than as stated therein:
2. Any defect in or lien or encumblance on the title; I
3. Unmarketability of the tide; !
4. Lack of a right of accesS to and from the land. !
The Company will also pay the costs, attorneys' fees aDd ex~nses incurred in defense afme title. as insured, but
only to rhe extent provided in the Conditions and ~Jipulation~.
In Witness Whereof, CHICAGO TITLE INSURANCE COMIi'NY has caused this policy [0 be signed and sealed as
of the Date of Policy shown in Schedule A, the policy to 11ecome valid when countersigned by an authori2ed
signatory. i
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CHICAGO
COMPANY
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CHICAGO TITLE INSURANCE COMPANY
By:
!.. Issued by:
I MURAl, WALD. BIONDO & MORENO. P.A.
900 INGRAHAM BUILDING
25 SE 2ND .l\ VENUE
MIAMI. FL 33131
(305) 358-5900
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P. 02/11
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SCHEOULF A
Office File Namber Policy Number Date of Policy Amount af Insurance
1 2 3 4
DelGuidice/Grand Bellagio '0.0122-106.QOOOO176. Npvember 20,2000 $40,550,000.00
79.107 (300003545) a 12:22 p.m.
1.
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THE GRAND BEUAGIO AT ~AYWATCH LIMITED
PARTNERSHIP, a Florida li"1ited partnership
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The estate or interest in the land which is coverer by this Policy is:
FEE SIMPLE !
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Title to the estate or interest in the land is veste~ in the insured;
The land herein described is encumberedJJY the f~1I0Wing mongage or trust deed, and assignments:
Mortgage from The Grand Bellagio at Baywatch Ltnited Partnership and SunAmerica Housing
Fund 720, a Nevada limited partnership, said Mcftgage dated September 7, 1999, recorded
in Official Records Book 10668, Page 1859, anp assignment of said mortgage to Regions
Bank, dated November 15, 2000, recorded No~ember 20, 2000 in Official f:{ecords Book
11126, Page 793 and Amended and Restated Mortgage and Security Agreement between The
Grand Bellagio at Baywatch Limited Partnership a~d Regions Bank, dated November 16, 2000,
recorded November 20, 2000 in Official RecordF Book 11126, Page 805 all of the Public
Records of Pinellas County, Florida; in the amou'1t of $31,840,000.00.
!
Name of Insured:
2.
3.
4.
6.
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and the mongages or trust deeds, if any, shown lin Schedule B hereof.
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The Land referred to in this policy is described a~ follows:
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SEE EXHIBIT "A" ATTACHED HERETO !
SCHEDULE A
Owners Form
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This Policy valid only if Sbhedule B attached.
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Policy Number:
(Schedule A c,ntinued )
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EXHlBI~ "A"
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A tract ofland lying within Sections 20 and 29, Township 29 South, ~ge 16 East, Pinellas County, Florida, and being more particularly
deseribed as follows: I
Commence at the Southwest comer of said Section 20; mence along thJ South line of said Section 20, South 89 degrees 19' 48" East. for
100.0 I feet to the Point of Beginning; thence leaving said South line, Nctm 01 degrees 26' 21" East, for 5.00 feet; thence South 89 degrees
19' 48' East, for 609.99 teet; thence North 0 I degrees 26' 21" East for $44.37 feet; thence South 89 degrees 19' 48" East, for 12.00 feet;
thence North 0 I degrees 26' 21 ,. East,. for 246.00 feet; thence South 891legrees 19' 48" East, for 263.00 feet; thence North 01 degrees 26'
21" East, for 572.00 feet; thence South 89 degrees 26' SO" East, for 2213.19 feet; thence South 20 degrees 27' 10" East, for 217.25 feet;
thence South 60 degrees 00' 00" West, for 566.48 feet; the~cre-North 81 degrees 19' 09" West, for 779.97 feet; thence South, for 189.83
feet to the point of curvature of a curve concave to the Northwest; thenf.e Southerly along the arc of said curve, having a radius of 54.00
feet, a central angle of87 degrees 13' 09", an arc length of82.20 feet an; a chord bearing of South 43 degrees 36' 34" West, for 74.49 feet
to the point of reverse curvanlre with a curve concave to the South; the ce Westerly along the arc of said curve, having a radius of 58.00
feet, II central angle of36 degrees 55' 37", an arc length 0(37.38 feetan a chord bearing of South 68 degrees 45' 21" West, for 36.74 feet
to the point of reverse curv8wre of a curve concave to the North; thence ~outhwesterly along the arc of said curve, having a radius of64.oo
feet. a central angle of 39 degrees 42' 28", an arc length of 44.35 feet.pnd a chord bearing of South 70 degrees 08' 46" West. for 43.47
feet to the point of tangency; thence West, for 25.42 feet; thence Soutij 55 degrees 05' 18" West, for 63.64 feet; thence West, for 96.27
feet; thence South 54 degrees 10' 51" West, for 17.03 feet; thence West for 68.14 feet; thence North 38 degrees 08' 04" West, for 12.67
feet; thence West, for 67.34 feet; thence South 3S degTees 48' 2" West.lfor 134.85 feet; thence South 42 degrees 27' 28" West, for 66.63
feet; thence South 10 degrees S I' 19" East. for 10.82 feet; thence Southi79 degrees 23' OS" West. for 49.80 feet; rhenee North 11 degrees
52' 40" West, for 9.10 feet: thence North 78 degrees 23' 09" West, for *.44 feet; thence South 78 degrees 50' 41" West, for 127.14 feet;
thence South 56 degrees 01' 58" West, for 40.45 feet; thence South 80\ degrees 55' 27" West, for 97.25 feetlo a point of curvature of a
curve concave to the Southeast; thence Westerly along the arc of said cfrve. having a radius of234.00 feet, a central angle of34 degrees
19' 10", an arc length of 140.16 feet ands chord bearing South 63 deg~es 45' 52" West. for 138.08 feet to the point of reverse curvature
with a curve concave to the Northwest; thence Southwesterly along thF arc of said curve, having a radius of 74.87 feet, a central angle
of 02 degrees 40' 04", an arc length of 3.49 feet and a chord beari 'g South 47 degrees 56' 19" West, for 3.49 feet to the point of
intersection with a non-tangent line; thence South 40 degrees 22' 52" ast, for 14.84 feet to the point of intersection with a non-tangent
curve concave to the Southeast; thence Southwesterly along the llI'C of id curve with a radial bearing South 40 degrees 22' 52" East. and
having a radius of 303 ,00 feet, a central angle of 00 degrees 31' 45", a arc length on.80 feet and a chord bearing South 49 degrees 21'
I S" West, for 2.80 feet to the point of reverse curvature with a Curve on Clive to the North; thence Southwesterly along the arc of said
curve, having a radius of 125.00 feet, a central angle of 56 degrees 4 '40", an arc length of 123.65 feet and a chord bearing South 77
degrees 25' 43" West, for 118.67 feet to the point of compound curva re with a curve concave [0 the Northeast; thence Westerly along
the llrc of said curve, having a radius of 15.00 feet, a central angle of 4lS degrees 10' 0 I ". an arc length of 12.09 feet and a chord bearing
North 5 I degrees 08' 57" West, for 11.76 feet to the point of cusp concave Westerly; thence Southerly along the arc of said curve having
a radius of 55.50 feet. a central angle of 118 degrees 44' 08", an arc le.pgth of 1\5.01 fett and II chord bearing South 31 degrees 18' 08"
West. for \IS .51 feet to the point of tangency; thence North 89 degrees I 19' 48" West. for 111.84 feet to the point of curvature of a curve
concave to the North: thence Westerly along the arc of said curve, havirg a radius ons.oo feet, a central angle of 13 degrees 43' 39". an
arc length of 8.39 feet and a chord bearing North 82 degrees 27' 58"1 West. for 8.37 feet to a point of reverse curvature with II curve
concave to the South; thence Northwesterly along the arc of said curv~ having a radius of 35.00 feet. a cl:lntral angle of 14 degrees 51'
42", an arc length of9,08 feet and a chord bearing North 83 degrees ' 00" West, for 9,05 feet to the point of inrersection with 0 non~
tangent line: thence North 00 degrees ~7' 22" West, for 43.51 feet to th South line of said Section 20: thence along snid South line, North
89 degrees 19' 48" West. for 621.39 feet to the Point of Beginning.
10-0722- 106-00000176
Policy Number:
Owners
LQiln
AUG-26-2003 TUE 04:53 PM Mur . Wald Biondo
(Schedule A c+ntinued )
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EXHIBI'It "A"
Contin,ed
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TOGETHER WITIi a non-exclusive easement for purposes of ingresSfegress and utilities as set fonh in Grant of Easement recorded in
Deed Book 1483, Page 285; as affected by First Amendment to Grant Easement recorded in Official Records Book 10652. Page 534,
of the Public Records of Pin ell as Count)'. Florida.
TOGETHER WITH non-excltaive easements as set forth in the Operaling Maintenance and Easement Agreement recorded in Official
Records Book 10784, Page 1247, of the Public Records of Pine lias COfnty, Florida.
Policy Number: 10-0722-106-00000176
Owner:s
Policy Number:
Loan
.:.10'
AUG-26-2003 TUE 04:53 PM Mur . Wald Biondo
.:,!
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Policy Number: 10.0722-106-00000176
(7)
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This policy does not insure against loss or damage {and th+ Company witl not pay costs, attorneys' fees or expenses!
which arise by reason of: I
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Rights or claims of parties in possession not showr by the pUblic records.
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Encroachments, overlaps boundary line disputes, land any other matters Which would be disclosed by an
accurate survey and inspection of the premises. l
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Easements Or claims of easements not shown by t~e public records.
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Any lien, or right to a lien, for services, labor, or matrial heretofore or hereafter furnished, imposed by law and
not shown by the pUblic records.
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Taxes or special assessments which are not show1 as existing liens by the public records.
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Special Exceptions: The mortgage, if any, referr~,.to in rtem 4 of SChedUle A, if this schedule is anached to an
Owners Policy. :
(61 A"y claim that any portion of said la"ds are soverJlgnry lands of the State of Flonde. Including submerged.
filled or artificially exposed lands and lands accretef to such lands.
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Taxes and assessments for the year 2000 and subTquent years.
Long Term Agreemontreco'ded Jenuary 30. 1.992j .in. Official Records Book 7799. Pego 245.
Easement granted ,to PInel/as Coumy recorded In O+clal Records Book. '2780, Page 68.
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Subject to any and all residual royalty rights, WhiCh[dO not include the right of entry, exploration, mining or
drilling of Coastal Petroleum Company, or its assign, resulting from any agreements with the Trustees of the
Internal Improvement Trust Fund of Florida. Pursua t to 8 settlement agreement, the residual royalty rights
expire on January 6, 2024, except as to existing op rations and production at that time.
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The policy does not insure the nature or extent of rifarian or littoral rights.
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General Exceptions:
( 11
(2)
(3)
(4)
(5)
(8)
(9)
(10)
(11)
Countersigned:
MURAl, WALD, BIONDO & MORENO. P.A.
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NO"E: If this d it is attaehed ta a loan Policy. junior Itnd Iill1rdinatll matters, if anv lire not reflected h...ein.
NOTE; This Policy consists of insert pages labeled Schedules A "nella. This Policy is of no force llnd effect unless bott! pages are inclllded
along with ..ny added pages incorporated by referance.
SCHEDULE B
Loan or Owner:>
'" i:
AUG-26-2003 TUE 04:54 PM Mur . Wald Biondo
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(18)
(191
(20)
(21 )
(22)
(23)
Policy Number: 10.0722.106-00000178
Owners
fSchedule, oontinued I
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Policy Number:
Laan
(12)
Rights of the United States Government and/or the 1tate of Florida arising under the United States Government
control over navigable waters and the inalienable ri hts of the State of Florida in the land or waters of similar
character as to any part of the premises herein des ribed in Schedule A which may be artificially filled in lands
in what Was formerly nalligable waters, and any a cretions thereto.
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Easement granted to Pinellas Water Company recojded in Deed Book 1465 Page 184 and Deed Book 1465,
Page 199.
Easement granted to,the City of St. Petersburg, re orded in Official Records Book 1417, Page 413.
Easement grantod to Pine lias wale: Company ondLr tho City of St. Petersburg recited In deed roeo'ded in
Official Records Book 1329. Page 97. (affects Easfent Parcel)
Easement granted to the City of Clearwater recor~ed in Official Records Book 3883, Page 607. (affects
Easement Parcel) I
Easement granted to Florida Power Corporation rectded in Official Records Book 6266, Page 1526. (affects
Easement Parcel) I
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Drainage and Utility Easement granted to the City of learwater recorded in Official Records Book 6570. Page
1070. (affects Easement Parcel)
(13)
(14)
(15)
(16)
(17)
Water Main Easement gra~ted to the City of Clearw ter recorded in Official Records Book 6570, Page 1073.
(affects Easement Parcel)
Terms and conditions of the Grant of Easement reco dad in Deed Book 1483, Page 285. as affected by First
Amendment to Grant of Easement recorded in om al Records Book 10652, Page 534. (affects Easement
Parcel)
Operating, Maintenance and Easement Agreement bet ae" The Grand Bellagio at Baywatch Limited Partnership
and The Grand Venezia at Baywatch limited Partner hip, said Agreement dated January 5. 2000, recorded
January 13, 2000 in Official Records Book 10784. age 1247.
Development Agreement between J.B. Management, c., The Grand Be/lagio at Baywatch Limited Partnership
and The Grand Venezia at Bay watch Limited Partners 'p, said Agreement dated April 17, 2000, recorded April
27, 2000 in Official Records Book 10851, Page 188 .
Development Agreement dated effective as of May 9 2000 by and between United Way of Pinellas County,
Inc. and The Grand Bellagio at Baywatch Limited Partn rShip, et aI., filed on June 26, 2000 in Official Records
Book 10958, at page 299, 01 the Public Records of P nellas County, Florida.
- . I :
AUG-26-2003 TUE 04:54 PM Mura'
':~
(Schedule B continued I
Policy Number: 10-0722-106-00000178
OwnllF$
PoUcy Number:
L08n
(24)
Easement and Memorandum of Agreement betweer the Grand Bellagio at Baywatch Limited Partnership and
Time Warner Entertainment-Advance/Newhouse P<ftner-ship filed on July 25, 2000 in Official Records Book
10991, at page 1526. ot the PUblic Records of Pi~lIas County, Florida.
Easement in favor of the City of Clearwater recorda in Official Records Book 4055, at page 396, of the Public
Records 01 Pinellas County. Florida. I
Assignment 01 Rents and Leases dated November 1 ~ 2000 and recorded in Official Records Book 11126, Page
833 of the Public Records of Pinel/as County, Floriqa.
UCC 1 Financing Statement recorded in Official R11 cords Book 1 t 126, Page 844 of the Public Records of
Pinel/as County, Florida.
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Notice of Commencement reforded in Official Records Book 11126, Page 958 of the
public records of Pinellas Co~nty. Florida.
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General Exceptions 1, 2. 3, 4 and 5 are hereby deleted.
,
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(25)
(26l
(27)
INFORMATIONAL NOTE:
NOTE:
G;IOataIOElClUIDIIAL.CREliK\86Uallia Owne,', P61ioy
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A~~-26-2003 TUE 04:54 PM Mur*ald ~iondo
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EXCLUSIONS FFfM COVERAGE
The following mattel'5 are 8~p/'e$S1y excluded from the co rage of this policy and the Company will not pay 10$$ or
damage, costs. attorneys' f88s or expense!i which arise reaSOn of:
FAX NO. 30~8 9490
p, 09/11
..~./
'.~.
1. (a) Any law. ordinance or governmental regulation (neluding but not limited to building and zoning laws,
ordinances. or regUlations) restricting, l'8gUlad ,prohibiting or "'aUng to (I) the ocx:upancy, use, or
enjoyment of the landi (ii) the character, dtmen OM or location of anv Impravement now or hereafter
erected on the land: (iii) a separation In OWOenlhip or a change In the dimltn$ions or area of the land or any
parcel of which the land is or was a pan: or (Iv) vironmental protection, or the effect of any violation of
these lawG, ordinances or govemmenblt regulatJo s, except to the extent that a notice ot the enforcement
thereof or a notice of a detect, lien or encumbranc resulting fram a vimatlon or alleged violation aHeming
the land has been recorded In the public records Date of Polley.
(b) Any gOlNl1'l1ln8nta1 police power not exctuded br (8 above, except to the extent that a notice of the exercise
theteof or a I1CJtIce of a defect, lien or encum.nn~~suJung fnH1' a vlotation or alleged vioJatjon affecting the
land '* been recorded in the pubtIe reconIs at ucnrof Policy.
2. Rights of eminent domain unless notice of the exercise ~efeaf has been recorded In the public records at Date of
PaJicy, but not excluding hum coverllge any taking Wi has occurred prior to Date of Policy which would be
binding on the rights of II purchaser far value without owIedge.
3. Defects, liens, encumbrances, adverse claim. or other attem:
(a) created, suffered, aaaumed or agreed to br~. red c1l1imant;
(b) not known to the COmpany, not recorded in the Ie recorda at Date of PaJicy, but known to the InSUred
claimant and not disclosed in writing to the by the insured claimant prior to the date the inlSC.lred
clailNnt became an Irma,*, under thits policy:
(c) rasulttng in no 108& or damqe to the InllUred cIai,ent;
(d) atW:hlng Of created subsequent to D;ne of Pat~i lor
(e) resultJng in loss or damage which would Q9t have ~n sustainlld if the Insured claimant had paid value for
the estate. Of intentSt InfiUred by this paMcy. ;
4. Any claim, which arises out of the transactton V85ting in t"'lnSUnld the estate or interest ineured by- this polley, by
reatiOn of the openrtion of federat bankruptcy, state i~cy, or similBr credltot&' rights laws, that is based on:
I
(I) the tl1lnsactJon cteating the estate or intetest In8untd br this policy being deemed a fraudulent conveyance
or fl'iWdulent transfer. or :
(ii) the transaction creating the estate or interest insu~d by this poMcy being deemed a preferential transfer
except whe,. the preferential transfer results ham ,he fallu,.:
(a) to timely record the instrument of tran$fer; or I
(b) of such recordation to Impart notice to II ~ser far lfaIue or a judgment or lien creditor.
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AUG-26-2003 TUE 04:54 PM Mur~.' . aId Biondo FAX NO. 30~8 9490
, . (CONDITIONS 1ND STIPULATIO.
-,. DEFINITION OF TERMS ,- . (e) Whenever the ( 3ny shall have broughl an action or interposac:
The following terms when used in this poti~an; I defense as required ol.....~..milled by the provisions of this policy, the Compa
(a) "insure-d": the insured named in Schedule A. and. subject to any rig~hl ~a~ pursue any litigation to linal del,ermination by a court ,Of competent jur
or defenses the Company would have haC! against the named insured. thos dlchon and expressly feserves the nght. III Its SOle disCretion. to appeal fro
who Succeed to Ihe inrerest of the named insured by oQeration of law any adverse ,udgment or order.
distinguished from purChase including. bul nollimited to. heirs. distributees (d) In all c.ases where /his policy permits Of requires t~e Company to pros
devisees. survivors. personal representatives. next 01 kin. Or corporale 0 cute or provIde lor the defense of any action or proceedll1~, the ",sufed she
fiduciary successors, secure to the Company the right to SO prosecule or provide defense in tt
(b) "insured claimant": an insured claiming 1055 or damage. I actiOn o~ proc~eCling. anCl all appeals ,therein. and p.ermillhe Company tl
(c) "knowledge" Or "known": actual knowledge, not constructive knOWI-1 use, at lIs option. the name ~t the Insured lor thiS ,purpose. Whanev,
edge or nOlice which may be imputed to an insured by reaSOn of the publiCI requested by Ihe Company,th~ Insur~. at the C?mpany s eXpe~se, Shall gl\
records as defined in this policy or any other records which impart construe-I the Company ~II reas.onable aid (i) In a.ny actIon or procesdmg. seculIn
live notice of mailers affecting Ihe land, I eVldE!nce, obtalnl~g \llllnessss. pros~~lIng or defendmg Ihe action o! pn
..... . . . ceedlng. or effecting settlement. and (II) In any other lawful act whICh In th
(d) land ,Ihe land deSCribed or refer!ed 10 10 SChedule A, and I~~: I opinion of the Company may be necessary or desirable to establish lI'le title t
ments affi~ed thereto which by law conslllule .real property. The term. land I the estate Or imereSt as insured. If the Company is prejudiced by the failure (
does not I~clude any property ~nc:l t~e 1InG$ of the area described ~(I the inSUred to furniSh Ihe required cooperation, the Company's obligations t.
refer~ed to In Schedule A. nOr any right. title. IIlterest. estale or easement In ! the insured Under the PO/icy shall terminate, including any liability or Obliga
~bulllng. streets. roa~s. a~enues. alleys. lanG~. way~ or waterways, but nOCh-1 tion to defend, prosecute. or Continue any litigation. with regard 10 the matte
11'19 herel~ ~hall modIfy o~ IImlt.the eXlent 10 which a right of access 10 and from I or matters requiring such cooperation,
the land IS Il1sured by thiS policy. I
le) "mortgage"; mortgage. deed of trust. trust deed. or other security I
infitrl.lmenl. !
if) "pUblic records": recor~s establiShed under state stalutes at Date of I
Policy for the purpose of imparting construotive notIce of matters relaling to
real property 10 purchasers lor value and without knowledge. With respect to
Section 1 (a){iv) of the EXClusions From Coverage. "public records" Shalf alSO
include environmental protec:tion liens filed in Ihe records of Ihe clerk of the
Unitecl Slates district court for the distriC'lin which Ihe land is located.
19) "unmarketability of the title"; an alleged Or apparent matter affecting
the tltIe to the land. not eXCluded or excepted from coverage, which WOUld
entitle a purchaser of the eSlate or interest described in Schedule A 10 be
released from Ihe obligation to purchase by virtue 01 a contractual Condition
requiring the delivery of mark8rable title,
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage 0' this pOlicy shall continue in foree as of Oate of Policy in
favor of an insured only so long as the insured relains an estate or interest in
the land. or holds an indebtedness secured by a purChase money IiIoftgage
given by a purchaser from the insored. or only so long as the inSUred Shall
have liabilily by reason of covenants of warranty macle by the insured in any
lransfer or conveyance of the estate or interest. This policy shall not continue
i'l force in favor of any purchaser from the insured of either 0) an estate or
interest in the land, or (ii) an indebtedn8$$ seclJred by a purchase money
",ortgage given 10 Ihe insured.
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3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The insured Shall notify 1M Company promptly in writing (0 in case of any
flWgation as set forth in Section 4{a) below, (U) in case knowledge shall Come to
an in$ured hereunder of any claim of title or inlerest which i$ adVet'S6 to the
tiUe to the estate or in/erest, as insured. and which might cause loss or dam-
age for which the Company may be liable by virtue of mis policy, or (iii) it title to
the estale or interest. as inSured. is rejected as unmarketable. If prompt notice
shall nol be given to the Company, Ihen 8$ to the insureCI all 'iability of the
Company shall terminate with regard 10 the matter or matters forwhich prompI
notice is required: provided. however. that failure 10 notify the Company shall
in no case prejudice the rights of any insurec:l und8f' this policy unless the
Company shan be prejudiCed by the failure allCl then only to the extenl of the
prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE
(a) Upon written request by the insureel and subject to Ihe options con-
tained in Section 6 of these Conditions an~ StipUlations, Ihe Company, at its
own casl and wittlout unreasonable delay. Shall provide for the delenS8 0' an
insured in litigation in which any Ihird party asserts a claim adverse 10 the title
or interesl as inSUred. but only as to those stated causes oj action alleging a
detect. lien or encumbrance or other mailer insured againSt by this policy. The
Company shalf have the right 10 select counsel of its choice (subject to Ihe
right of the insured to Object for reasonable cause) to represent lhe insured as
\0 those stated caUSes ot action and shall not be liable for and will not pay the
lees of any Olher counsel. The Company will not pay any tees. costs Or
el(p8nses incurred l)y the Insured in Ihe defense of lI'10se causes of action
which allege maners not insurea against by this policy.
(b) The Com~any shall have Ihe righl. at its OWn COSI. to institute and
prosecute any action or proceeding or to do any other aCI which in its Opinion
may be necessary or deSl/able to establish the title to tile estale or imerest. as
insured. or to prevent Or re<1uce loss or C1amaqe to Ille insured. The Company
may lake any appropriate action under the terms of Ihis pOlicy, whether Or not
it shall be liable hereUnder, and Shall nOlll1ereDy concede Iiabilily or waive any
prOvision of thi!; pOlicy. If Ihe Company shall exercise its rights !.lnder thIS
paragraph. it shall ClO so diligeolly,
P.
10/11
5. PROOF OF LOSS OR DAMAGE
In a4dition to and after the nOtices require(j under Section 3 of these Condi.
tions and Stipulations have been providSCl the Compa"y, a prOOf of 10SJi 01
damage signed and swam to by the insured claimant shall be furnished 10 thE
Company within 90 days after the inSUred claimam shall ascertai" the facl~
giving rise 10 the loss or damage. The proof of loss or damage shall describe
Ihe defect in. or lien or encumbrance on the title, or other matter insured
against by this policy whiCh constitules the basis of loss or damage and shaff
state. to Ihe extent JlO$$ibfe. the oasis of calCUlating the amount of the loss Or
damage, If the Company is prejudiced by the failure of the insured claiman/ to
provide the required proof of loss or damage. the Company's obligations to
Ihe ineured under the policy shall terminate, including any liability Or obliga.
tion to defencl, prosecute, Or continue any litigation. wilh regard to the maner
or matters requiring such proof of loss 0( damage,
In addition. the insurecl claimant may reasonably be required to submit to
examination under oalh by any authorized representative of the Company
and shall produce lor ellamination. inspection and copying. al such reason-
able times and places as may be c:lesignat8C/ by any authorized representalive
I of the Company, all /'$Cords, books, ledgers. checks, corresponde"ee and
memoranda. whether bearing a date belore or after Date 01 Policy, which
I reasonably pel1ain 10 the lass or damage. Further, if requestecl by any author-
ized representative of the Company, the insure~ Claimant shall grant its per-
I mission, in writing. for any authoril:ed representative ot the Company 10 exam.
'I ine, inspect and copy all recorels. books. ledgers. Checks. correspondence
and memoranda in Ihe cllStody Or control of a third Qarty. which reaSOnably
lpe"ain 10 the lass or damage. All informalion designated as confidential by
llhe insured claimant provided to tne Company pursuant to Ihi$ Section shall
~. be disc'OSed to Others unless. in the reasonable Judgment of ttle Com.
any, it is necessary in the administration of the claim. Failure of the insured
laimanl to Submit fOr examination under oath. prOduce other reasonably
uested information or grant permission to secure reasonably necessary
nformation from third parties as required in this paragraph shalllerminate any
iability of the Company under this pOlicy as to that Claim.
HOPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION
OF LIABILITY
In case of a claim under this POlicy, the Company Shall have the fOf/owing
i1ional oplions:
fa) To Pay or Tender Payment of the Amount ot Insurance.
I To pay or tender payment of the amount of insurance under tI'li$ poliey
tbaettler with.any costs, attorneys' lees and expenses incu~ed by the insured
dJaimant. which were authortzed by the Company, up to the time of payment or
tit oder of payment and Which the Company is Obligated to pay.
Upon the exercise by the Company olthi$ option, all liability and Obligations
I~the insured under this pOlicy. other than to mal<e the payment required, Shall
I rminate. including any liability Or obligation to defend, prosecute. or con.
ti ue any litigation. and Ihe policy shall be surrendered to the Company for
c~nceJlation.
(b) To Pay Or Otherwise Senle With Parties Other than the Insured Or
With the Insured Claimant.
(i) to payor otherwise setlle with other parties lor or in the name of an
in ured claimanl any claim insured 89amst under this policy, together With any
sts. attorneys' fees and expen:;es InCurred by ltle insured Claimant WhIch
w re aUlhorized by the Company up 10 tM time 01 payment and which the
C mpany is Obligated to pay: or
(ii) to payor Oll'lerwise Settle with t(le insured Claimant the loss or damage
prp"td9d for under this POliCY, togetner With any costs. attorneys' fees .and
e~ensas incurred by Ihe InsureO claimant which were authorized by tile
C mpaoy up 10 lhe lime 01 paymenl anej W1'uch the Company is Obligated to
pa.
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'I,. A~-2B-2003 ruE 04:55 PM Mu,..I:: Biondo
.
Upon Ihe exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (ii), the Company's obliQations to the insured under this
policy for the claimed loss or damage. other than the payments required to be
made. shall terminate, including any liability or obligation 10 defend, prose.
cute or cominue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE
This policy is a contract of indemnity against actual monetary loss or dam.
age sustained or incurred by the insured claimant who has suffered loss or
damage by reason of matters insured against by this policy and onlY to the
eldent herein r;1escribed.
(a) The liability of the Company underthis policy shall nOt exceed the least
of:
(i) the Amount of InSurance stated in Schedule A; or,
(ii) tile difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) This pafiJgraph removed in Florida pollciM.
(c) The Company will pay only those costs. attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT
If the land described in Schedule A consists of two or more parcels which
are not used as a single site. and a loss is established affecting one or more of
the parcels but not aU, the loss shall be computed and seWed on a pro rata
basis as if the amount of insurance I.Inder t1'lis policy was divided pro rata as to
Ihe value on Date of Policy of each separate parcel to the whOle. eXClusive of
any improvements made subsequent to Date of PoliCy. unlGSS a liability or
value has otherwise been agreed upon as to each parcel by the Company and
the insured at the time of the issuance of this policy and Shown by an express
statement or by an endorsement attached to this policy.
9. LIMITATION OF LIABIUTY
(a) If the Company establishes the title. or removes the alleged defec;,t,lien
or encumbrance, or cures the lack of a right of access to or from the land. or
Cut8S the claim of unmarkBrability of title, all as insured, in a reasonably
diligent manner by any method. including litigation and the completion of any
appeals therefrom. it shall have fully pertonned its obligations with respect to
that matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company 0( wittl
the Company's consent, the Company Shall have no Uability for loss 0( dam-
age until there has been a final determinatiOn by a court of competent juriS<lic-
tlon, and disposition of aU appeals therefrom, advenie to the title as insured.
(c) The Company snail not be Iiabfe for loss or damage to any insured for
liability VOluntarily assumed by the insured in settling any claim or suit without
Ihe prior written consent of the Company. .
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except payments made for costs. attorneys'
fees and eXJ)Elnses, shall reduce the amount of the insurance pro Ianto.
11. LIABILITY NONCUMULATIVE
" is expressly understood that the amount of insurance unclei' this policy
Shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Schecfule a or to which ttle
insured has agreed, assumed. or taken subjecl, or which is hereafter exe-
cuted by an insureCl and which is a charge or lien on the estate or interest
.describ8d or referred to in Sctleclule A, and the amount so paid shall be
deemed a payment under this policy 10 'I'1e insured owner.
12. PAYMENT OF LOSS
(s> No payment shall be made without producing tl'lis pOlicy for endorse-
ment of the payment unless the policy has been lost or deStroyed, in which
case prool of loss or destruction shall be furnished to ttle satisfaction of the
Company.
(b) When liability and the extent of loss or damage has been definitely fixed
in accordance with these Conditions and Stipulations. the loss or damage
shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT
(8) The Company's Right of Subrogation.
Whenever the Company snail nave settled and paid a claim under this
;.z~Ul..!r.,'j~':llft:;n ',;"'i:Huv 'I) ': ,",
FAX NO. 30~8 9490
P.
11/11
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~icy, all righl of subrogation shall lIest in the Company unaHected by any act
~ the insured claimant.
I The Company shall be subro~ted to and be entitled to all rights and
r,medies WhiCh the insured claimant would have Ilad against any person or
pYoperty in respect to the ctai m had this policy not been issued. J I requested by
;e Company, the insured claimant shall transfer to the Company all rigl'lts
d remedies against any person or property necessary in order to perfect
t is right of subrogation. The insured claimant shall permit the Company to
s e, compromise or settle in the name of the insured claimant and to use the
me of the insured claimant in any transaction or litigation involving lhese
hts or remedies.
If a payment on accOunt ot a claim does not fully cover the loss of the
i urad claimant. the Company shall be subrogated to these rights and reme-
os in the proportion which the Company's payment bears to the whOle.
aunt of the 10$8.
I If loss should result from any act of me jnsureCl claimant. as stated above.
tlpt act shall not void this policy, but the Company, in thaI e.~ent, shall be
uired to pay only that part of any losses insured against by this policy which
s /I exceed t1'le amount. if any, last to the Company by reason of the impajr-
t by thG insureCl claimant at the Company's right of subrogation.
(b) The Company's Rights Against Non-inliun=d Obligors.
The Company's right of subrogation against non-insur8d obligors shall
ist and shall include, without limitation. the rights of the insured to indem-
ties. guaranties. other policies of Insurance Or I)onds. notwittlstanding any
tfms crcondilions contained in those instruments which provide for subroga-
tip" rights by reason of this policy.
. ARBITRATION
Unless prohillited by applicable law, arbitTaticm pursuant to the Title
I8nCfJ Arbitration Rules of the American Arllitl8tion Association may
dem.nded if agreed to by both the Company snd the insured. Arbi',..
matters may include, but are not limif8d to, any controversy or c~{m
tween the Company and the I"surad arising out of Of fGlat/ng to the
IcK any service of the Company /n connection with its ;swance Or the
of it policy provision or other obligation. Arbltnttion pursuant to
t41is polley and unde, the RulM in effect On the date the demand for
~it1at/0lt it made or, at the opt/all of the insLlrett. the RultlS In effect at
of Policy shaU be binding upon the panies. The award may include
ney&' fees only if the law$ of the state in which the lana is located
nn;' a court tel awant attorneys' fees to a prevailing party. Judgment
the sWlfrd rendered by the Arbi'rator(s) may be entered in any court
v;ng jurisdiction thereof.
. The law of t1'le situs of the land shall apply to an arbitration under the Title
11$urance Arbitration Rules.
i A copy of the Aules may be obtained from the Company upon request.
1$. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
I (a) This policy together with all endorsements. if any, attached I'1ere,o by the
q,iripany is the entire policy and contract between ttle insured and the Com-
p;ny. 11'1 interpreting any provision of this policy. this policy shall be construed
af a whole.
I (b) Any claim of loss or damage. whether or not based on negligence, and
~ich arises out of the status of the title to tM estate or interest covered
h,reby or by any action asserting such claim. shall be restricted to this policy.
(0) No amendment of or endorsement to this policy can be made except by
a riting endorsed hereon Or attached hereto signed by either the President. a
e President, the Secretary. an Assistant Secretary. or validating officer or
a thorized signatory of the Company.
1 . SEVERABILITY
In the event any provision of the policy is held [nvaliet or unenforceable
u der applicable Jaw. the policy sha.1 be deemed nolto inClude that provl$IOn
a d all other provisions shall remain in full lorce and effect.
1. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in wrIting
uired to be furnished the Company shall incluce the number of this pOIIC',
ard shall be ar;1r;1rsssed 10 Ihe Cornpany atlhe issuing office or to:
, Chicago Title Insurance Company. Claims Department
'I 171 NQrth Clark Streot . Chicago, IlIinios 60601-3294
In Florid.. C..U1-800.S83.2020
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LEGAL DESCRIPTION - GRAND BELLAGIO:
A tract of land lying within Section 20, Township 29 South, Range 16 East, Pinellas County, Florida and
being more particularly described as follows:
Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20,
S89"19' 48"E, for 1 00.01 feet to the POINT OF BEGINNING; thence leaving said South line, NOl "26'21 "E, for
5.00 feet; thence S89i9'48"E, for 609.99 feet; thence NOl "26'21 "E, for 344.37 feet; thence
S89"19' 48"E, for 12.00 feet; thence N01"26'21 "E, for 246.00 feet; thence S89"19' 48"E, for 263.00 feet;
thence N01"26'21 "E, for 572.00 feet; thence S89"26'50"E, for 2233.19 feet; thence S20"27'10"E, for
217.25 feet; thence S60"00'OO"W, for 566.48 feet; thence N89"19'09"W, for 779.97 feet; thence South,
for 189.83 feet to the point of curvature of a curve concave to the Northwest; thence Southerly along
the arc of said curve, having a radius of 54.00 feet, a central angle of 87i 3'09", an arc length of
82.20 feet and a chord bearing S43"36'34"W, for 74.49 feet to the point of reverse curvature with a
curve concave to the South; thence Westerly along the arc of said curve, having a radius of 58.00 feet,
a central angle of 36"55'37", an arc length of 37.38 feet and a chord bearing S68"45'21"W, for 36.74
feet to the point of reverse curvature with a curve concave to the North; thence Southwesterly along
the arc of said curve, having a radius of 64.00 feet, a central angle of 39"42'28", an arc length of
44.35 feet and a chord bearing S70"08' 46"W, for 43.47 feet to the point of tangency; thence West, for
25.42 feet; thence S55"05'18"W, for 63.64 feet; thence West, for 96.27 feet; thence S54 i O'51"W, for
17.03 feet; thence West, for 68.14 feet; thence N38"08'04"W, for 12.67 feet; thence West, for 67.34
feet; thence S35"48'02"W, for 134.85 feet; thence S42"27'28"W, for 66.63 feet; thence S10"51'19"E, for
1 0.82 feet; thence S79"23'05"W, for 49.80 feet; thence Nll"52' 40"W, for 9.10 feet; thence N78"23'09"W,
for 24.44 feet; thence S78"50' 41 "w, for 127.14 feet; thence S56"01'58"W, for 40.45 feet; thence
S80"55'27"W, for 97.25 feet to the point of curvature of a curve concave to the Southeast; thence
Westerly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34"19'10", an
arc length of 140.16 feet and a chord bearing S63.45'52"W, for 138.08 feet to the point of reverse
curvature with a curve concave to the Northwest; thence Southwesterly along the arc of said curve,
having a radius of 74.87 feet, a central angle of 02.40'04", an arc length of 3.49 feet and a chord
bearing S47.56'19"W, for 3.49 feet to the point of intersection with a non-tangent line; thence
S40.22'52"E, for 14.84 feet to the point of intersection with a non-tangent curve concave to the
Southeast; thence Southwesterly along the arc of said curve with a radial bearing S40.22'52"E, and
having a radius of 303.00 feet, a central angle of 00.31'45", an arc length of 2.80 feet and a chord
bearing S49.21'15"W, for 2.80 feet to the point of reverse curvature with a curve concave to the North;
thence Southwesterly along the arc of said curve, having a radius of 125.00 feet, a central angle of
56.40'40", an arc length of 123.65 feet and a chord bearing S77.25'43"W, for 118.67 feet to the point
of compound curvature with a curve concave to the Northeast; thence Westerly along the arc of said
curve, having a radius of 15.00 feet, a central angle of 46.10'01", an arc length of 12.09 feet and a
chord bearing N51.08'57"W, for 11.76 feet to the point of cusp concave westerly; Thence Southerly along
the arc of said curve having a radius of 55.50 feet, a central angle of 118.44'08", an arc length of
115.01 feet and a chord bearing S31 i 8'08"W, for 95.51 feet to the point of tangency; Thence
N89.19' 48"W, for 111.84 feet to the point of curvature of a curve concave to the North; Thence Westerly
along the arc of said curve, having a radius of 35.00 feet, a central angle of 13"43'39", an arc length
of 8.39 feet and a chord bearing N82.27'58"W, for 8.37 feet to a point of reverse curvature with a
curve concave to the South; Thence Northwesterly along the arc of said curve, having a radius of 35.00
feet, a central angle of 14.51'42", an arc length of 9.08 feet and a chord bearing N83.02'OO"W, for
9.05 feet to the point of intersection with a non tangent line, Thence NOO.27'22"W, for 43.51 feet to
the South line of said Section 20; thence along said South line, N89i 9' 48"W, for 621.39 feet to the
POINT OF BEGINNING and containing 38.11 acres, more or less.
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KInd
ENGINEERING ASSOCIATES, INC.e
Civil Engineering
Environmental Engineering
Transportation Planning & Engineering
Pavement Management
land Planning
Ecological Services
Surveying & Mapping
Construction Management
GIS Mapping
Land'5,C8p\-~ Architecture #lC260Cr0183
4921 Memorial Highway
One Memorial Center
Suite 300
Tampa, Florida 33634
Phone 813 . 880 . 8881
Fax 813 . 880 . 8882
Pasco 727, 846 . 0904
www.kingengineering.com
.
.
September 24, 2003
Mr. Richard Alt, P.E.
SWFWMD
7601 U.S. Highway 301 North
Building 1
Tampa, Florida 33637
Re:
Baywatch Apartments - Grand Bellagio
SWFWMD Permit Modification by Letter
Dear Richard:
The Owners of the Grand Bellagio at Baywatch have identified the need for
additional at-grade parking spaces to serve the existing multi-family
development. The additional spaces are proposed to be scattered throughout the
southwestern portion of the original project to create a total of 33 additional
parking spaces by adding stalls along the existing drive aisles and displacing
some of the adjacent vehicular landscape buffer.
The existing Grand Bellagio at Baywatch was permitted by the District
(44014545) to provide water quality treatment for the entire contributing basin
area and is exempt from water quantity requirements due to its open water
discharge into Tampa Bay. Based on our September 4, 2003 conversation, the
proposed improvements are proposed to be permitted via a letter modification to
the existing stormwater management system.
Attached, please find an application to modify a permit by letter, a copy of the
project basin map as submitted to the District on December 10,2001 and a copy
of the site plan showing the proposed improvements. Should you have any
questions regarding this project, please contact me at (813) 880-8881.
(J?) 1~
David B. Fleeman, P .E.
Project Manager
DBF/esb/jmw
Attachment
cc:
Scot Hamilton, Del American Properties
Michael E. Ross, King
File 1182-002-005
Celebrating 25 Years of Engineering Excellence
Offices in Tampa and Jacksonville
O:\ADMIN\2003\Projects\1180-002-005\letter\AltO 1.DBF.doc
.
.
Subject:
Modification and Extension of Permits, by Letter
(Date)
Tampa Permitting Department
Surface Water Permitting
Resource Regulation
Southwest Florida Water Management District
7601 Highway 301 North
Tampa, Florida 33637
Project Name: The Grand Bellagio at Bavwatch
Permit Name: 44014545
County/City: Pinellas/Clearwater
To Whom It May Concern:
This is a request to Modify a District approved construction permit, pursuant to Section 40D-4.331, F.A.C.
,
The undersigned Owner/Applicant or Authorized Agent* certifies that this requested modification and/or extension
complies with the provisions of Section 40D-4.3 31 (2)(b). Within 30 days after completion of the permitted Surface
Water Management System, the owner shall submit to the District a Statement of Completion. The Statement of
Completion shall contain As-Built drawings and certification by a Professional Engineer that the project has been
constructed in accordance with the permitted design and a request to transfer the permit to an approved operation
and maintenance entity. The owner hereby agrees to retain the below named Engineer to be in responsible charge of
observing on-site construction of this I)l;tlject and submitting the As-Built drawings and certification.
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Signature of Owner/Applicant
or Authorized Agent*
David B. Fleeman, P.E. #55362
Engineer's Name (typed), FL Reg. No.
Christopher Del Guidice
(Type) Name and Title
King Engineering Associates, Inc.
Company Name
474 S. Northlake Boulevard, Suite 1020
Address
4921 Memorial Highway, Suite 300
Company Address
Altamonte Springs, Florida 32701
City, State, Zip
Tampa, Florida 33634
City, State, Zip
Phone: (321) 207-7000
Phone: (813) 880-8881
*Attach letter of authorization, except for corporate officers.
r\.\ ^ TYl\ATl\.T\'1()()'J\D.......:o...........\' 1 QII fill"") (\i1<\+'r..............\('n't;'ur~"n1l.,f{lTlT 'T'D III ,4fV"
I~A 4 <:TJ::'R=,>n,\ 411MTN\JO()'RM<:\<:')JJ::WMTI\M()lIT TIn? WPTI\
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MODIFICATION OF PERlVllT BY LETTER
F or further clarification of the modification to your permit, please fill out the requested
information below:
Permit Number:
44014545
Project Name:
The Grand Bellagio. at Bavwatch
Owner (Company / Person):
Address:
The Grand Bellagio at Bavwatch, Limited Partnership
.474 S. Northlake Boulevard - Suite 1020
Altamonte Springs, Florida 32701
Contact Person (Owner): Christopher DelGuidice
Telephone #: (321) 207-7000
Op. And Maint. Entity: Same
Contact Person: Same
Telephone#: Same
Total Acreage: 38.11:!: Acre
Project Acreage: 0.04::!: Acre
Sec/Twp/Rge: 20/29/16E
,H J. nUTl\]\')()(nIPr,,;,.e.<1 11 R().I1(),).I1I1~\f"rn1<\"WJ;WMnMnnr TRI11 ill'('.
1M A."TFR~G.\A OMIN\FOR MS\SWFW1vIDIMODLTR02. v
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ORIGINAL
FLD2003-09054
2746 VIA TIVOLI BDGIOO
Date Received: 09/30/2003
HE GRAND BELLAGIO AT BAYWATC:
ZONING DISTRICT: MDR
LAND USE: RM
ATLAS PAGE: 318A
(';'D" ...nuq
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PA I
OK. NO. :2
DATE
RECEIVED
Pll\N~~lNG DEPARTMENT
CITY OF CLEARWATER
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ZO- z.q,. f(:, - 00000- ~ 30 - 0700
Page 2 of5
20 / 29 / 16 / 32691 / 012 / 0102
31-0ct-2003 JiM SMi th, CFA Pinellas County Property Appraiser 09:54:47
Ownership InforMation Condo/Pud Property Address. Use. and Sales
GRAND BELLAGIO BAYWATCH LTD
C/O DEL AMERICAN PROP INC
11 01 N LAKE DESTINY DR # 400
MAITLAND FL 32751-7119
COMparable sales value as Prop Addr: 2730 UIA TAUOLI 12 lOB
of Jan 1, 2003, based on Census Trac t : .00
sales frOM 2001 - 2002 :
119.900 Sale Date OR Book/Page Price (Qual/UnQ) Vac/ IMp
Plat InforMation 0 /0 0/ 0 0 ( )
2003: Book 12 9 Pgs 001-105 0 /0 0/ 0 0 ( )
0000: Book Pgs - 0 /0 0/ 0 0 ( )
0000: Book Pgs - 0 /0 0/ 0 0 ( )
2003 Value EXEMPTIONS
Just/Market: 100.700 HOMestead: 0 Ownership % .000
Historic : 0 Use %: .000
Assessed/Cap: 100.700 Tax ExeMpt %: .000
Other ExeMp t : 0
Taxable: 100.700 Agricultural: 0
2003 Tax InforMation Land InforMation
District: CW Seawall: Frontage:
Clearwater View: Canal
03 Mi llage: 23.0851 Land Size Unit Land Land Land
Front x Depth Price Units Meth
03 Taxes: 2.324.67
1) 0 x 0 .00 .00
Special Tax .00 2) 0 x 0 .00 .00
3) 0 x 0 .00 .00
Without the Save-Our-HoMes 4) 0 x 0 .00 .00
cap, 2003 taxes will be : 5) 0 x 0 .00 .00
2.324.67 6) 0 x 0 .00 .00
Without any exeMptions, Total Land Value: 0
2003 taxes will be :
2.324.67
Short Legal GRAND BELLAGIO AT BAYWATCH CONDO. THE
Description BLDG 12. UNIT 1 Z1 OB L
,/ Building Information
".,
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Pinellas County Property Appraiser Information: 2929 16000002200100
Page 3 of5
20 / 29 / 16 / 32691 I 012 I 0102
31-0ct-Z003 JiM SMith, CFA Pinellas County Property Appraiser 09:54:48
General InforMation Property Use: Z30 Yr BIt: Z.OOZ
Apt **: Size: 1. 368 Floor: 01
RECREATION
SITE
DATA
Clubhouse
SIIIilllllling Pool
Tennis Court
Harina
View
Building
Location
Balcony/Porch
canal
garden/III
corner
none
es
Condo/Planned Unit Extra Featur
Description DiMensions Price Units Value RCD Year
1) .00 0 0 0 0
2) .00 0 0 0 0
3) .00 0 0 0 0
4) .00 0 0 0 0
5) .00 0 0 0 0
6) .00 0 0 0 0
TO TA L RECORD VALUE: 0
Map With Property Address (non-vacant)
~~[I][!]~~
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Pinellas County Property Appraiser Information: 2929 16000002200100
Page 4 of5
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Pinellas County Property Appraiser Infonnation: 29 29 16000002200100
Page 5 of5
Pinellas County Property Appraiser
Parcel Information
http://pao.co.pinellas.fl. us/htbin/cgi -c1ick?plus= 1 &r=O. 3 2&0= 1 &a= 1 &b= 1 &c= 1 &s=4&t... 10/31/2003
Pinellas County Property Appraiser Information: 2929 16000002200100
Page 2 of7
29 / 29 / 16 / 00000 / 220 / 0100
31-0ct-2003 JiM SMith, CFA Pinellas County Property Appraiser 09:53:19
Ownership InforMation Non-Residential Property Address. Use. and Sales
GRAND UENEZIA BAYWATCH LP
C/O DEL AMERICAN PROP INC
414 S NORTH LAKE B LUD ** 1020
ALTAMONTE SPRINGS FL 32101-5245
COMparable sales value as Prop Addr: 2104 UIA MURANO
of Jan 1, 2003, based on Census Tract: 254.05
sales froM 2001 - 2002:
0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/IMp
Plat InforMation 9 /1. 999 10.668/1.923 4.900.000 (Q) U
0000 : Book Pgs - 0 /0 0/ 0 0 ( )
0000: Book Pgs - 0 /0 0/ 0 0 ( )
0000 : Book Pgs - 0 /0 0/ 0 0 ( )
2003 Value EXEMPTIONS
Just/Market: 28.400.000 HOMestead: 0 Ownership % .000
Historic : 0 Use %: .000
Assessed/Cap: ZI. 400.000 Tax ExeMpt %: .000
Other ExeMpt: 0
Taxable: 28.400.000 Agricul tural: 0
2003 Tax InforMation Land InforMation
D is t r ic t: CW Seawall: Frontage:
Clear",ater View:
03 Mi llage: 23.0851 Land Size Unit Land Land Land
Front x Depth Price Units Meth
03 Taxes: 655.616.84
1) 0 x 0 15.000.00 336.00 T
Special Tax .00 2) 0 x 0 .00 .00
3) 0 x 0 .00 .00
Without the Save-Our-HoMes 4) 0 x 0 .00 .00
cap, 2003 taxes will be : 5) 0 x 0 .00 .00
655.616.84 6) 0 x 0 .00 .00
Without any exeMptions, Total Land Value: 5.040.000
2003 taxes will be :
655.616.84
Short Legal PT Of SEC'S 20 &: Z9 0 ESC fROM NW COR Of SEC 29 TH
Description S89DE 1Z1.4fT TH S 43.51fT fOR POB TH CUR RT RAD 35fT L
Building Information
. Building 1
. J3Yilding2
. J31!ilding3
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Pinellas County Property Appraiser Information: 2929 16000002200100
Page 3 of7
Building #1
29 / 29 / 16 / 00000 / 220 / 0100 :01
31-0ct-Z003 JiM SMith, CFA Pinellas County Property Appraiser 09:53:18
COMMercial Card 01 of 3 IMproveMent Type: Hult Res Apt <4 st
Property Address: Z704 UIA HURANO Prop Use: 310 Land Use: 03
Structural Elements
Foundation
Floor SysteM
Exterior Wall
He igh t F ac tor
Par ty Wall
Structural FraMe
Roof FraMe
Roof Cover
Cabinet Be Mill
Floor Finish
Interior Finish
Partition Factor
continuous Footing
Slab on Grade
Frallle Stucco
o
None
Wood Bealll & Colullln
Gable & Hip
Clay Tile
Average
Carpet COlllbination
Drywall
336
Heating Be Air Heating&Cooling Pckg
Fixtures Z8Z
Bath Tile
Electric
Shape Factor
Quality
Year Built
Effective Age
Other Depreciation
Function Depreciation
EconoMic Depreciation
F 100 r Only
Ave rage
Square
Above Average
Z.OOI
Z
o
o
o
Sub Areas
Description Factor Area Description Factor Area
1) Base Area 1. 00 66.784 7) .00 0
2) Screen Porch .40 Z.471 8) .00 0
3) Garage .55 4.91Z 9) .00 0
4) Open Po rch .30 7.780 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12) .00 0
Commercial Extra Features
Description DiMensions Price Units Value RCD Year
1) ASPHALT 331SPCS 1. 00 SZ.750 0 8Z.750 Z.OOI
2) PATIO/DECK 3000SF Z.50 3.000 0 7.Z80 Z.OOI
3) POOL 60.000.00 1 0 58.Z00 Z.OOI
4) SPA/JAC/HT 10.000.00 1 0 10.000 Z.OOZ
5) WORKSHOP 1000SF 14.00 1.000 0 14.000 Z.ODZ
6) TENNISCT ZCOURTS lZ.000.00 Z 0 Z4.000 Z.OOZ
TOTAL RECORD VALUE: 196.Z30
Building #2
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Pinellas County Property Appraiser Information: 2929 16000002200100
Page 4 of7
29 / 29 / 16 / 00000 / 220 / 0100 :02
31-0ct-2003 JiM SMith, CFA Pinellas County Property Appraiser 09:53:20
COMMercial Card 02 of 3 IMproveMent Type: Recreational
Property Address: 0 Prop Use: 310 Land Use: 03
Structural Elements
Foundation
Floor SysteM
Exterior Wall
Height Factor
Party Wall
Structural FraMe
Roof FraMe
Roof Cover
Cabinet & Mill
Floor Finish
Interior Finish
Partition Factor
continuous Footing
Slab on Grade
Frallle Stucco
o
None
None
Gable 3: Hip
Clay Tile
Average
Carpet COlllbination
Drywall
o
Heating & Air Heating3:Cooling Pckg
Fix tures 8
Bath Tile
Electric
Shape Factor
Quality
Year Built
Effective Age
Other Depreciation
Function Depreciation
EconoMic Depreciation
Floor Only
Ave rage
Square
Above Average
2.001
2
o
o
o
Sub Areas
Description Factor Area Description Factor Area
1) Base A rea 1. 00 6.800 7) .00 0
2) Open Po rch .30 2.580 8) .00 0
3) .00 0 9) .00 0
4) .00 0 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12) .00 0
Commercial Extra Features
Description DiMensions Price Units Value RCD Year
1) .00 0 0 0 0
2) .00 0 0 0 0
3) .00 0 0 0 0
4) .00 0 0 0 0
5) .00 0 0 0 0
6) .00 0 0 0 0
TOTAL RECORD VALUE: 0
Building #3
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Pinellas County Property Appraiser Information: 2929 16000002200100
Page 5 of7
29 / 29 / 16 / 00000 / 220 / 0100 :03
31-0ct-Z003 JiM SMith, CFA Pinellas County Property Appraiser 09:53:Z3
COMMercial Card 03 of 3 IMproveMent Type: Hult Res Apt <4 St
Property Address: 0 Prop Use: 310 Land Use: 03
Structural Elements
Foundation
Floor SysteM
Exterior Wall
He igh t F ac tor
Par ty Wall
Structural FraMe
Roof FraMe
Roof Cover
Cabinet 8c Mill
Floor Finish
Interior Finish
Partition Factor
continuous Footing
Slab on Grade
Frallle Stucco
o
Hone
Wood Bealll & Colullln
Gable & Hip
Clay Tile
Average
Carpet COlllbination
Drywall
Z4Z
Heating 8c Air Heating&Cooling Pckg
Fixtures 999
Bath Tile
Electric
Shape Factor
Quality
Year Built
Effective Age
Other Depreciation
Function Depreciation
EconoMic Depreciation
Floor Only
Average
Square
Above Average
Z.OOZ
1
o
o
o
Sub Areas
Description Factor Area Description Factor Area
1) Base A rea 1. 00 3Z8.404 7) .00 0
2) Screen Porch .40 lZ.784 8) .00 0
3) Garage .55 Z8.liO 9) .00 0
4) Open Po rch .30 38.900 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12) .00 0
Commercial Extra Features
Description DiMensions Price Units Value RCD Year
1) .00 0 0 0 0
2) .00 0 0 0 0
3) .00 0 0 0 0
4) .00 0 0 0 0
5) .00 0 0 0 0
6) .00 0 0 0 0
TOTAL RECORD VALUE: 0
Map With Property Address (non-vacant)
~~[!JOOg]~
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Pinellas County Property Appraiser Information: 29 29 16000002200100
Page 6 of7
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Pinellas County Property Appraiser Information: 2929 16000002200100
Page 7 of7
Pinellas County Property Appraiser
Parcel Information
http://pao.co.pinellas.fl.us/htbin/cgi-click?p1us=1 &r=0.32&0= 1 &a= 1 &b= 1 &c=l &s=4&t... 10/31/2003
---
Murai Wald Biondo & Moreno
Attn.: Gerald Biondo
900 Ingraham Building
25 Southeast 2nd Ave.
Miami, FL 33131
Tuesday, March 30, 1999
Re: Allen's Creek Apartments
In response to your four questions pertaining to your clients purchase of property located on
Allen's Creek consisting of 62.11 gross acres of land, tax folio parcels numbers 20-29-16-00000-
330-0700 and 29-29-16-00000-220-0100.
Dear Mr. Biondo,
1. Platting: A plat shall be approved for all subdivision and condominiums except the division of
previously platted property where not more than two tracts or lots are involved.
2. Condemnation Plans: There are no condemnation plans in effect with respect to this parcel.
3. Dredge and Fill: We do not have the records you requested on this matter. I suggest that you
contact the Army Corp. of Engineers.
4. CCCL: The CCCL is located only on the Gulf of Mexico, it does not exist on the Tampa Bay
side of Clearwater.
I hope that your questions were sufficiently addressed but should you have any further questions please
contact MarkParry at 727.562.4558.
~---
~.
Sincerely,
Ralph Stone, Planning Director
0/25/2003 TIlE 15: 18 FAX 321 ~:07 7002
I4J 0011003
...
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Del American
474 S. North Lake Blvd.
Suite 1020
Altamonte Springs, Florida 32701
Business: (321) 207-7000
FAX: (321) 207-7002
Scot@delamerican.com
FACSIMILE
To: M>>.{l..\<. 'P~'kQ.y
Company:
67V OF ~.eWA'T'C.R
Phone:
Fax:
7Z 7 r~'2. "S7~
From: Scot Hamilton
Date:
3 /2!f /Gl3
.
Pages Including Cover Sheet:
.3
Reference: BAY LJ"Tc-~ PLJr, ~~A-T1b^-J
Comments: Its k p~w uP 70 ouR mE.&..77;.Jb oAt
FJlCI l>AV., "f1.I.E:- #?:El~l"i.lJ U'TTE.R l r~A1 ~) _ 4. PLAt"; S, 7H,If r _
.
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The Information contained in this fax message is intended only for the personal and confidential
use of the designated recipient(s) named above. This message is privileged and confidential
communication. If the reader of this message is not the intended and received this document in
error, any review, dissemination, distribution or copying of this message is strictly prohibited. ./f
you received this communication in error please notify us immediately by telephone and retum
the original message to us by mail. ,~
Thank-you ~II.D-
Del American
0,/25/2003 TIlE 15:18 FAX 321 .:07 7002
I4J 002/003
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CITY
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CLEA~ER
...
OF
POST Om<=! Box 4748, CLEARWAm, FLORIDA 33758-4748
TELEPHONE (127) 5624750 F.>.JC (727) 562-475;
PL'BUC WORKS
AoM!-"[STRATIO~
April 2, 1999
rn
Mr. Gerald J. Biondo
Murai WaId Biondo & Moreno
900 Ingraham Building
25 Southeast 2nd Avenue
Miami, FL 33131
Re: Allens Cre"k Property, Letter of Capacity
Dear Mr. Biondo:
This letter is to serve as an updated LETTER OF CAPACITY for the proposed residential
development at U.S. 19 and Belleair Road. The City of Cle:uwater has accepted a preliminary
site plan for this parcel of land that has annexed into the City. The Grand Bellagio. at Baywatch
Limited Partnership has contracted to purchase this property from Allen Creek Properties, Inc.
The subject property is identified by two tax parcel identification numbers; 20..29-16-00000-330-
0700 and 29.29-16-00000.220-0100. It consists of 62.11 gross acres of which 43.15 are upland.
SLlbject to State of Florida Department of Community Affairs approval of a hind use plan.
amendment, the developer proposes to build 392 dweUing units in Phase I and an additional 252
dwelling units in Phase n, for a total of 644 dwelling units.
This letter has been prepared with regard to the following services required for this new
development and provided by the City.
(a) Potable Water: Water service to this area will be provided by the City of Clearwater.
Sufficient capacity is available to serve the proposed development. Potable water impact fees
are $480.00 per dwelling unit.
(b) Sanitary Sewer: The subject parcel is within the City of Clearwater's Sanitary Sewer
District. Wastewater treatment for this development will be provided by the Clearvvater East
Advanced Pollution Control Facility. The current capacity of this facility is 5 mgd, with a
current average daily flow of 2.75 mgd. The capacity is sufficient to serve the proposed
development. As one e,f the conditions for the approval of this project, the City Engineer has
required that the existing City Lift Station #5 he rebuilt at the expense of the developer.
Sanitary sewer impact fees are $900,00 per dwelling unit.
O);E Ow O~E FlITRE.
RlT.\ G,~'EY_ \L\YOR-CO~1.\USSfO~~R
ED HOOPER. VIC. ."1A\:lR.Cml~IlSS10XER BOil CWlK. CO~I~f1SSI01oo"F.R
j.B JOl1r,so1\, JP... CO)(,\IISSIOJ\EK I(w:>: SEEL, CO~I~lISSI0:\'U
*
UE<;L',\L E.\IPLonm:-;T .!,.'\O AFFIR.\l-\TT\"F. .-\CTI0:\ E~IP'.OYER"
I~
0/25/2003 rUE 15:19 FAX 321 .:07 7002
141 003/003
...
!
Mr. Gerald Biondo
April 2, 1999
Page Two
(c) Drainage: The City Engineer and staff have reviewed drainage proposals Jor the site and
have no outstanding issues.
(d) Solid Waste: The City of Clearwater Solid Waste Department will provide service to this
site. The City has an interlocaJ agreement with PinelJas County fOf the disposal of solid waste.
All of the City's solid waste that is not recycled is disposed of at the Pinellas County Resource
Recovery Plant. According to the City's Comprehensive Plan Evaluation and Appraisal
Report, the City generates SOO tons per day of solid waste which is less than 11% of the
Resource Recovery Plant's capacity.
(e) Parks and Recreation: The City of Clearwater Parks and Recreation Department will be
providing available services to the residents of this development. The Developer has agreed
to payment in lieu of providing land for the use of the Depanment. The open space impact fee
will be 4% of the land value of the project's net land area. The net land area is only the
uplands and does not include the preservation area. The value is the higher of the assessed
value or the most recent sales price. The recreation facilities impact fee is $200.00 per
dwelling unit. The recreation land impact fee is the land value of 150 square feet of land per
dwelling unit.
(I) Roads: The site is loc:ated east of U.S. Highway 19, just east of the intersection with Belleair
Road (County Road 464). The City of Clearwater Public Works Administration! Traffic
Operations has reviewed. the traffic study supplied by the Developer and has no objection to
its' determination of l;oncurrency and proposals for access improvements. Belleair Road is
under Pinellas County jurisdiction and any proposed modifications OT improvements must be
approved by PineIlas County.
(g) Plat: It is unders~ood ~hat the property may be divided into dual ownership by phase. A plat
will not be required for this lot division.
I have reviewed the above statements of fact and detennined that as of April 2, 1999, the
necessary capacities exist for this development as proposed.
rn
C-'" . 1 LOOO
I ~,; \
Mahshid Arasteh. City Engineer
Michael Quill~n. Ass't Director of Engineering
Antonia Gerli, Senior Planner
PLANNING DEPARTMENT
100 SO. MYRTLE AVE., 2ND FLOOR, CLEARWATER, FL 33756
PHONE: 562-4567; FAX: 562-4865
DECLARATION OF UNITY OF TITLE
Property Owner:
Property Address:
I'
KNOW OF ALL MEN BY THESE PRESENTS, that pursuant to the ordinances of the City of Clearwater
pertaining to the issuance of building permits and regulating land development activities, the undersigned, being
the fee owner (s) of the following described real property situated in the City of Clearwater, County of Pinellas
and State of Florida, to wit:
do hereby make the following declaration of conditions, limitations and restrictions on said lands, hereafter to be
known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars:
1. That the aforesaid plot or combination of separate lots, plots, parcels, acreage or portions thereof, shall
hereafter be regarded as and is hereby declared to be unified under one title as an indivisible building
site.
2. That the said property shall henceforth be considered as one plot or parcel of land, and that no portion
thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety, as one
plot or parcel of land.
3. That this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by
law, and shall be binding upon the undersigned, and the heirs, successors and assigns of the undersigned,
and all parties claiming under them until such time as the same may be released in writing under the
order of the City Manager of the City of Clearwater. The undersigned also agree(s) that this instrument
shall be recorded in the public records of Pinellas County, Florida.
Signed, sealed, witnessed and acknowledged this
at Clearwater, Florida.
day of
,20_,
WITNESSES:
OWNER(S):
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared and
, to me known to be the person(s) described in execution thereof to be
his, her or their free act and deed for the uses and purpose herein mentioned.
WITNESS my hand and official seal this
day of
20
Notary Public
My Commission Expires:
S/Application Forms/Unity of Title Declaration 2001
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FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
. 100 S. MYRTLE AVE., 2nd Floor
CLEARWATER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
TO:~
FAX: 4-b4-,- 3m
Phone:
FROM:
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DATE:
SUBJECT:
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March 25,2004
Mr. Bryan Berry
City of Clearwater
Department of Planning Development
100 South Myrtle Avenue
Clearwater, Florida 33756
Re:
Application for Reduction of Parking Setback from Property Line
and Landseape. Buffer..Requirement to.O.25.Fed ,(Each" Side of
Property Line) in Order to Construct 35 Additional Parking Spaces
Grand Bellagio at Baywatch Project
Dear Bryan:
Attached please find copies of correspondence from the City of Clearwater
which should address the concerns that you raised in your letter dated November
10, 2003. Specifically, this correspondence addresses the dual ownership by
phase, and confirms the project's exemption from platting requirements.
Please review the attachments and confirm that this information addresses the
City's concern, and will allow sufficiency of the application to be complete.
Should you have any additional questions regarding this project, please contact
me at (813) 880-8881.
Sincerely,
~/~
~~.2Ltv1eI1'16rial Highway
qneMemorial.Center
Suit~~09
Tampa;.Flofida..33634
~h(lne8q'~80' 8~81
Fax<813' 880'8882
pa.~~Q?g? .... '..8~~... '99Q4
ww.w,kirlgengi neeri ng.C(;lm
David B. Fleeman, P.E.
Project Manager
DBF/rlf
Attachments
cc
Don Kafka, Del American
File 1180-002-005
Offices in Tampa, Jacksonville, and Sarasota
0:\ADMIN\2004\Projects\1180-002-005\Letter\BerryO 1.DBF.doc
02/20/2004 09:28 3058917751 WILDON KAFKA
//FEB-19-2004 THU 11 :l9AM. Wald Biondo FAX NO. .35B 9490 ___".'_
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PAGE 82
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CITY OF C LEA R W A TE R
PUBUC Wow
MMINl.!.'TlAnoN
POS'r OffiCE Box 4748. CLwvATD, FLOIUOA 33758-4748
TEWl10NE (J27) 562-47;0 FAX (727) 562-4755
April 2. 1999
Mr. Gerald 1. Biondo
Mura.iWaldBiondo&Morenoc__~2
900 Ingraham Building
2S Southeast 2- Avenue
:Mia.t1U, FL 33131
Re: Aliens Creek Property, Letter of Capacity
Dear Mr. Biondo:
This letter is to serve au an updated LETTER OF CAPAClTY for the proposed residential
development at U.S. 19 and BelleairRoad. The City of Clearwater has accepted a preliminary
site plan' for this parcel of land that has annexed into the City. ThaGrand Be11agioat Baywatch
Limited Partnership hascontnctedto purchase this property from Allen Creek Properties, Inc.
Th$ subject propenyis identifled by two tax parcel identification numbers; 20-29-16-00000-330-
0700 and 29-29-16-00000-220..0100. It consists of62.11 grOSS&ere1 ofwmch 43.15 are upland,
Subject to State of Florida Department of Community Affairs approval of a land use plan
amendment, the developer, proposes to build 392 dwelling units ,in Phase 'I and an additional 252
I ; dweUing units in Phase D.for a total of 644 dwelling units.
. [ This. letter has been prepared with regard to the following services required for this new
development and provided by the City.
(a)PotahleWater: Water $ervice to this area will be provided by the City of Clearwater.
Sufficient capacityi. available to serve the proposed development. Potable water impact fees
are $480.00 per dweUing unit.
(b) Sanit.~ Sewer: Thesubjec::t parcel is within the City of Clearwater's Sanitary Sewer
District. Wastewater treatment for this development will be' provided by the Clearwater East
Advanced PolJutlonControl Facility. The currenteapacity of this facility i. S mgd, with a
current average daiJytlow of 2,75 mgd. The capacity is sufficient to serve the proposed
development. As one of the conditions for the approval oftros project, the City Engineer has
required that the e)cisting City Lift Station #S be rebuilt at the expense of the developer,
Sanitary seWer impactfccs IU'C $900.00 per dwetling unit. .
O!-l! Crrv. O~E Fl.'TCRE.
RITA G.utVrl', M.\YOIt~NEa
Eo HOOPla, vIce MAY01-COM.'4ISSIOI\'f:R 80. CL.<.1tlt, COatMlSSIONER
].a. JOHl'lSON. JK.. COl.(~1$510"P.1l lCA.luul Sw.. COMM1SSlONlk
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,13/20134 09:28305891~
r'EB-19.,..2004 THU 11 :19 Al1...Wa I d Biondo
WILDON KAFKA
FAX NO,. 358 9490
PAGE 03
P. 04/04
Mr,GeraJd Biondo
April 2. 1999
Page Two
(el Drainage: The City Engineer and staff have reviewed drainage proposal. for the site and
have no outstanding ieues.
(d)SoUdWaste: The City of Clearwater Solid Waste Department will provide SClVice to this
site. The City has an interlocal agreement with Pinellas County for the dispow of solid waste.
All of the City's solid waste that. is not recycled is dispo&ed of at the Pinel13s County Resource
Recovery Plant. According to the City's Comprehensive Plan Evaluation and Appraisal
Report, the City generates Soo tons per day of solid waste which is less than 170A. of the
Resource RecoveryPlant'scap-acity. .~~~~.~<_~. ~-~.>_c.~c~_~
~c c(e).P.....-aJid~~tiob: ~tiie citY", C1emwater PorkIand Reereation Department will be
providing available services to the residents of thi.s development. The Developer has agreed
to payment in lieu of providing land for the use of the Department. The open space impact fee
wiUbe4% of the land value of the project's net land area. The net land area is only the
uplands and does not incJude the preservation area. The value is the higher of the assessed
value or the most recent aales price. The recreation faciIitiesimpaot fee is S200~OO per
dwelling unit. The recreation land impact fee is the land value of ISO square feet of land per
dwelling unit.
(I) Roads: The site is located east of U.S. Highway 19. just east olthe intersection withBe1leair
Road (County Road. 464). The City of Clearwater Public Works A.4ministrationl Traffio
Operations has reviewed the. traffiastudy supplied by the Developer and has no objection to
its' detenninationof concurrency and proposals for access improvements, Belleair Road iJl
....---undcr PinellasCounty jurisdiction and any proposed modifications or improvements must be
l~... .., approved byPineUas County.
'" ....6:,. ) JtJat:.." It. isunderstoodt.....h at. the. pro. peny. may be divided, into dual ownership by phase. A plat
. will not be. required fOf this lot division.
I have reviewed the abovestatementlii of fact and determined that IS of April 2. 1999, the
I ! necessary capacities exist fbr this' development as proposed.
MahshidAraslcb.Chy.Engineer
Michael Quillcn.Ass'r. DUector of EnJineerfng
AnfOnia Gcrli. Senior Planner
,
......i '
.
.
C I T Y 0 F C LEA R W A TE R
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FWRlDA 33758-4748
MUNICIPAL SERVICES BUIIDING, 100 SOUTIi MYRTLE AVENUE, CLEARWATER, FWRlDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
loNG RANGE PLANNING
DEVEWPMENT REvIEW
November 10, 2003
King Engineering Associates, Inc.
Attn: David Fleeman
4921 Memorial Highway, Suite 300
Tampa, FL 33634
RE: Application for a reduction in parking setback from property line and in landscape buffer
requirement to 0.75 feet (each side of property line) in order to construct 35 additional parking
spaces.
Dear Mr. Fleeman:
The Planning staff has reviewed your application for a reduction in parking setback from property line and
in landscape buffer requirement to 0.75 feet (each side of property line) in order to construct 35 additional
parking spaces. After a preliminary review of the submitted documents, staff has determined. that the
application is incomplete.
Please provide the following:
1. File a Unity of Title combining the separate lots under one title as an indivisible building site; or
2. Provide documentation stating when the subdivision boundary line was created separating The
Grand Bellagio at Baywatch and The Grand Venezia at Baywatch; (since the two parcels are
separate provide a site plan for each parcel (The Grand Bellagio at Baywatch and The Grand
Venezia at Baywatch) showing density permitted and existing, number of parking spaces required
and existing, existing setbacks for each parcel from property line and new setbacks from newly
proposed property line, percentage of interior green space for each parcel); and
3. Provide a survey showing where the adjusted subdivision boundary line will be placed.
No further development review action shall be taken until the deficiencies are corrected and the application
is deemed complete. 13 copies of these items need to be submitted by the next deadline date of Thursday,
November 20, 2003, for the December 23, 2003 Community Development Board date.
While not part of a completeness review, I have provided preliminary information about the sufficiency of
the applications. The following information may be submitted as part of the missing material to make the
application complete on November 20, 2003. More comments will be provided by the DRC once the
applications are deemed complete.
General comments related to sufficiency:
1. No more than 10 parking spaces are to be provided in a row per Section 3-1202.E.l of the
Community Development Code on sheet 5 of 7 Area 2;
BRIAN J. AUNGST, MAYOR-COMMISSIONER
HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * Bn,L]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPWYER"
.
.
2. Explain how the eight proposed parking spaces along the top of the site plan on sheet 4 of 7 Area I
will work? It appears these proposed spaces will only be able to back out due to existing parking
spaces being located on the east and west side.
If you have any questions, please do not hesitate to call me at 727-562-4539.