FLD2003-03014
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(",)!))J)IJ :rNi;;.
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMAT'Reeer~
Applicant Name: North Mandalav Investment Group. Inc.
MAR 1 \:} 2003
Mailing Address: 1822 Drew Street Clearwater. FL 33765
E-Mail Address:metcocmtampabav.rr.com
Cell Number: 727-403-2010
Property Owner(s):
Agent Name(s):
See Attached Sianed Affidavit of Property OwnersCSchedule "An)
Gerald A. Fiaurski
Mailing Address:
2435 US 19. Suite 350. Holidav. FL 34691
Phone Number: 727-942-0733 (M 0 t ~ -~
Fax Number: 727-944-3711
E-mail Address:fiacmfhlaw.net
Cell Number: 727-433-0921
B. PROPOSED DEVELOPMENT INFORMATION:
Street Address of subject site: East of Poinsettia St. & North of Pier 60 Drive
(;) ~~iP;.JnJ~ 8. TownshiP 29 South. Ranoa 15 East
Parcel Size: 11.38 AC
Proposed Use and Size:
Description of Request(s): Comprehensive Infill Redevelopment Proiect ~LS/~S
O(l-Lf'(~r~~ ~M M.lI\J lnvtlrVl COr~
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A
PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED
(CERTIFIED) SITE PLAN? YES _x_ NO _ (if yes, attach a copy of the applicable documents)
Condominium/Retail/Restaurant /Marina
o
C. PROOF OF OWNERSHIP: (Section 4-202.A)
o Submit a copy of the title insurance policy, deed to the property or sign affidavit attesting ownership
D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 3-913.A)
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.
First, the proposed community is consistent with the City's Beach by Design guidelines for redevelopment of the
Marina Residential District providing:
a. Marina based residential neighborhood development
b. Converting haphazard mixture of uses to a planned primarily residential use.
YW2f0--D?Dlt
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c.
d.
e.
f.
. . RECEIVED
Consolidating under a single ownership approximately 11.38acres of land.
A bayside boardwalk. MAR ., 9
Waterfront retail and restaurant activity linked to the Mandalay Retail District. 1 2003
Adequate parking
PLANNING DEPARTMENT
The proposed development is compatible and in harmony with the redevelopmen~frre'l!l!AR~
in Clearwater Beach, such as "Belle Harbor" and "Mandalay Beach Club."
The development is in harmony with the scale, bulk, coverage, density and character of adjacent properties.
Heiqht/Scale/Bulk/Character
Four (4) condominium towers over parking and retail are proposed.
The development is compatible and in harmony with the adjacent residential communities. The proposed
development consists of four (4) towers from Pier 60 up to Baymont St.
The towers on Pier 60 and Baymont St. are eleven (11) stories over parking for a height of 128'-11" to the roof
slab. Towers II and III facing Papaya St. are thirteen (13) stories over parking for a building height of 148'-11"
to the roof slab. We find this to be compatible with the Belle Harbor and Mandalay Beach Club Condominiums.
Additionally we have three (3) story townhomes bordering Baymont St. and at the northern half of Poinsietta St.
This is compatible with Belle Harbor which is building three (3) story townhomes bordering Baymont St. and
North Mandalay Rd.
The proposed towers provide the necessary view corridors. The building separations between towers range
from 180' to 200' and they meet Beach by Design Guidelines and do not occupy more that 50% of t~e property
frontage along the intracoastal waterway.
Retail
The proposed development along Pier 60 Rd., Papaya St. and the boardwalk is two (2) story restaurant and
retail spaces which is compatible with the existing retail and Beach by Design Guidelines.
Densitv
The current zoning allows a density of 30 du/ac and the transfer of development rights up to 20% of the density.
We are proposing 320 plus 20% TDR for 64 units a total of 384 units.
2. The proposed development will not hinder or discourage the appropriate
development and use of adjacent land and buildings or significantly impair the
value thereof.
The proposed development will not hinder or discourage the appropriate development and use of adjacent land
and buildings. Instead it will greatly improve the development and use of adjacent land by totally providing
badly needed improvements to Pier 60 Rd., Poinsietta St., Papaya St. and Baymont St. We are rebuilding all of
these roads along with the water, sewer and greatly needed drainage condition. We are providing off site
improvements of approximately 1 million dollars.
3. The proposed development will not adversely affect the health or safety or persons
residing or working in the neighborhood of the proposed use.
The proposed development will not adversely affect the health or safety of residents or nearby employees or
tenants. This development meets all requirements of the Fire Department emergency vehicle access and
necessary clearances will comply with the fire code. It also will comply with the engineering department's
criteria to provide safe access with the new proposed road improvements. Additionally the buildings will be fully
fire sprinklered.
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RECEIVED
4. The proposed development is designed to minimize traffic congesti~R 1 ~ 2U03
Traffic congestion will be minimized by the provision of both adequate public ~N~~IRTMENT
spaces in the re-development area. With proposed road improvements made toe~(Of(tObiDAIiWATER
St., Papaya S1. and Baymont St, we will be improving traffic flow. This development will also entice more
pedestrian traffic through good urban design, thereby encouraging the reduction of automobile use in the area.
5. The proposed development is consistent with the community character of the
immediate vicinity of the parcel proposed for development.
The proposed development is consistent with the community character of the immediate vicinity.
The existing retail and restaurants along Poinsietta St. and N. Mandalay will be extended east bound along
Papaya St., Pier IDl d. and the boardwalk. A bayside boardwalk tying into the marina and retail will connect
existing retail. 250-bo slip marina will maintain the existing use and character of the marina.
7?
6. The design of the proposed development minimizes adverse effects, including
visual, acoustic and olfactory and hours of operation impacts, on adjacent
properties.
The proposed development will greatly enhance the visual effects upon adjacent properties by redeveloping a
new and consistent residential community that is integrated with retail, restaurants, marina and boardwalk. The
parking garage access will occur along Poinsietta St. keeping it away from the pedestrian traffic along Papaya
St. and Pier 60 Rd.
All services for deliveries, trash, etc. will be from Poinsietta St. This access is recessed and buffered from the
street.
Trash rooms will be provided inside the building and not visible from the street.
Provide complete responses to the ten (10) Comprehensive Infill Redevelopment
Project Criteria (as applicable) - 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 use, intensity and development
standards.
A reading of Beach by Design as it relates to the Marina Residential District makes clear that the most
salient goal of the City as stated therein was the assembling... .the consolidation... .of the parcels of
land within this area. The incentives provided therein buttress this statement. The redevelopment of
this consolidated area would be otherwise impractical without the approval of Bluewater Isle as
planned.
2. The development of the parcel proposed for development as comprehensive infill
project or residential infill project will not 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.)
Far from reducing the value of abutting properties, Bluewater Isle will tremendously enhance the area.
Many of the existing structures were constructed years ago. There are a number of non conformities
.
-RECEIVED
MAR 1 9 2003
with regard to setbacks, parking and landscaping. The proposed development will mirror the goals of
the Marina Residential District as set forth in Beach by Design. PLANNING DEPARTMENT
CITY OF CLEARWATER
3. The uses within the comprehensive infill redevelopment project are otherwise
permitted in the City of Clearwater.
The proposed uses of residential and retail are permitted uses in the district.
4. The uses or mix of use within the comprehensive infill redevelopment project are
compatible with adjacent land uses.
From both a legal and a land use perspective, the proposed uses are compatible with adjacent land
uses. Legally, Bluewater Isle is completely consistent with the goals and requirements of Beach by
Design. As to surrounding land uses, the proposal fits with existing uses as well as those proposed in
Beach by Design and further does not work to the detriment of those uses. Bluewater Isle will do
nothing but enhance surrounding uses.
5. Suitable sites for development or redevelopment of the uses or mix of uses within
the comprehensive infill redevelopment project are not otherwise available in the
City of Clearwater.
Not only are such sites not otherwise available, this area was designated by the City Commission to be
developed as proposed.
6. The development of the parcel proposed for development as a comprehensive infill
redevelopment project will upgrade the immediate vicinity of the parcel proposed
for development.
Bluewater Isle will more than upgrade the area in quality of residential and retail structures, addition
of parking, development ofa boardwalk and amenities, improved roadways and traffic flow, improved
stormwater facilities, significant installation of trees and landscaping, construction of a lighthouse
which the Developer intends to offer as a site for the historical society, etc.
7. The design of the proposed comprehensive infill redevelopment project creates a
form and function that enhances the community character of the immediate vicinity
of the parcel proposed for redevelopment and the City of Clearwater as a whole.
The proposed comprehensive infill development creates all of the necessary functions that will enhance the
community character and benefit the city as a whole. This project is satisfying each of the functions as stated in
Beach by Design Redevelopment Guidelines such as:
a. Providing a marina based residential neighborhood development.
b. Providing a bays ide boardwalk.
c. Providing a waterfront retail and restaurant activity linked to the Mandalay retail district.
d. Providing adequate parking.
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RECEIVED
MAR 1 ~ 2003
8. Flexibility in regard to lot width, required setbacks, heig"MRlQMatIJ1l!PJ\~T
are justified by the benefits to community character and lt~rMU~!~
the parcel proposed for development and the City of Clearwater as a whole.
Flexibility primarily in the area of height is more than justified by the benefits which will ensue to the
Eastshore area, Clearwater Beach, and the City and its citizens as a whole. The assemblage of this area
was no small task. Within the parameters ofthe City's vision for this area, such consolidation of the
various parcels was a primary goal. The surrounding area, especially the Bay, supports this proposal.
The benefits to accrue are clearly of substance. A reading of the goals as set forth in Beach by Design
for the Marina Residential District are met
9. Adequate off-street parking in the immediate vicinity according to the shared
parking formula in Division 14 of Article 3 will be available to avoid on-street
parking in the immediate vicinity of parcel proposed for development.
This proposed development will provide 1383 parking spaces. This parking satisfies the parking needs for the
retail marina; condominium and clubhouses. For a required total of 1037 spaces and it will still have 346 spaces
leftover parking spaces which will be available to the public.
Additionally we are providing 54 city parking spaces to be built as part of the street improvements. These
spaces will be available to the public as well.
10. The design of all buildings complies with the Tourist District or Downtown District
design guidelines in Division 5 of Article 3 (as applicable).
The proposed development complies with Beach by Design redevelopment guidelines by providing the
following:
1. A marina based residential neighborhood development.
2. A Bayside Boardwalk.
3. A waterfront retail and restaurant activity area.
4. Consolidation under a single ownership approximately 11.38 AC of land.
5. Appropriate densities of 30 DUlAC with the transfer of 20% TDR Units.
6. Maximum height provided is 148'-11"
7. Four towers that meet the building separation requirement as set by building design.
8. Complying with setbacks and the proposed pedestrian 10' arcade along
the retail.
9. Street level F Arcades. Will have the design features as required.
10. Any portion of a parking garage facing the street will be buffered with landscape and
Architectural Residential features will be provided that it blends in with the rest of the residential
community.
11. Street furniture, bicycle racks, fountains and street lighting will be provided along the boardwalk and
retail area.
E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A)
o SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12
copies;
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TREE SURVEY. (includin existing trees on site and within 25' of the adjac~l}t ~te, W SJfflP.jes, size
(DBH 4" or greater), a location, including drip lines and indicating trees td'1:fMrelnav~~.J
RECEIVED
o
LOCATION MAP OF THE PROPERTY; PLANNING DEPARTMENT
~ITV rll= ~LEARWATER
PARKING DEMAND STUDY in conjunction with a request to make d~c:Uibri'S''to 1Jie 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;
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GRADING PLAN, as applicable;
o
PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of
recording a final plat is provided);-N/A
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COpy OF RECORDED PLAT, as applicable;
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
SITE PLAN with the following information (not exceed 24"x36"):
o All dimensions;
o North arrow;
o Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared;
o Location map;
o Index sheet referencing individual sheets included in package;
o Footprint and size of all EXISTING buildings and structures;
o Footprint and size of all PROPOSED buildings and structures;
o All required sight triangles
o 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;- N/A
o Location of all public and private easements;
o Location of all street rights-of-way within and adjacent to the site;
o Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer
lines, manholes and lift stations, gas and water lines;
o All parking spaces, driveways, loading areas and vehicular use areas, including handicapped
spaces;
o Depiction by shading or crosshatching of all required parking lot interior landscaped areas;- N/A
o 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};
o Location of all landscape material;
o Location of all jurisdictional lines adjacent to wetlands;
o Location of all onsite and offsite storm-water management facilities;
o Location of all outdoor lighting fixtures; and
o Location of all existing and proposed sidewalks
SITE DATA TABLE for existing, required, and proposed development, in written/tabular form:
o Land area in square feet and acres;
o Number of EXISTING dwelling units;
o Number of PROPOSED dwelling units;
o Gross floor area devoted to each use;
o Parking spaces: total number, presented in tabular form with the number of required spaces;
o Total paved area, including all paved parking spaces and driveways, expressed in square feet and
percentage of the paved vehicular area;
o Size and species of all landscape material;
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o Official records book and page numbers of all existing utility easemB E eEl VE D
o Building and structure heights;
o Impermeable surface ratio (I.S.R.); and MAR 1 9 2003
o Floor area ratio (F.A.R.) for all nonresidential uses
o REDUCED SITE PLAN to scale (81/2 x 11) and color rendering if ~LANNING DEPAR:^~JEENRT
CITY OF CLEARWM
FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan;
o One-foot contours or spot elevations on site;
o Offsite elevations if required to evaluate the proposed stormwater management for the parcel;
o All open space areas;
o Location of all earth or water retaining walls and earth berms;
o Lot lines and building lines (dimensioned);
o Streets and drives (dimensioned);
o Building and structural setbacks (dimensioned);
o Structural overhangs;
o Tree Inventory; prepared by a "certified arborist", of all trees 8"DBH or greater, reflecting size, canopy
(driplines) and condition of such trees
G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-11 02.A)
o LANDSCAPE PLAN:
JAil existing and proposed structures;
Names of abutting streets;
o Drainage and retention areas including swales, side slopes and bottom elevations;
o Delineation and dimensions of all required perimeter landscape buffers;
Sight visibility triangles;
o Delineation and dimensions of all parking areas including landscaping islands and curbing;- N/A
o Proposed and required parking spaces;
o Existing trees on-site and immediately adjacent to the site, by species, size and locations, including
dripline (as indicated on required tree survey);- N/A
o Location, size, description, specifications and quantities of all existing and proposed landscape
materials, including botanical and common names;
o Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil
mixes, backfilling, mulching and protective measures;
o Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage,
expressing in both square feet and percentage covered;
o Conditions of a previous development approval (e.g. conditions imposed by the Community
Development Board);
o Irrigation notes
o REDUCED LANDSCAPE PLAN to scale (8 Y2 x 11) (color rendering if possible)
o IRRIGATION PLAN (required for Level Two and Three applications)- N/A
o COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable- N/A
H. STORMW ATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design
Criteria Manual and 4-202.A.21)
STORMWATER PLAN including the following requirements:
o Existing topography extending 50 feet beyond all property lines;
o Proposed grading including finished floor elevations of all structures;
o All adjacent streets and municipal storm systems;
o Proposed stormwater detentionlretention are including top of bank, toe of slope and outlet control
structure;- N/A
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RECEIVED
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Stormwater calculations for attenuation and water quality; MAR 1 9 2003
Signature of Florida registered Professional Engineer on all plans and calculations
....~~MENT
COpy OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA \IIB~M ER
DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is rel(Wlil3t A r. ~T
City Building Permit), if applicable- N/A
o
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COpy OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATION, if
applicable- N/A
I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4~202.A.23)
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
Residentiallnfill Project.
o BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors
and materials
o REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 y;
x 11) (black and white and color rendering, if possible) as required
/J)SIGNAGE: (Division 19. SIGNS I Section 3-1806)
~ 0 All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height,
etc.), indicate whether they will be removed or to remain.
o All PROPOSED freestanding and attached signs; Provide details including location, size, height,
colors, materials and drawing
o Comprehensive Sign Program application, as applicable (separate application and fee required).
o Reduced sign age proposal (8 y; x 11) (color), if submitting Comprehensive Sign Program
application.
~RAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C)
f\/ V. 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 STATE OF FLORIDA, COUNTY OF PINELLAS
representations made in this application Sworn to an subscribed before me this /1171- day
are true and accurate to the best of my of , A.D. 20.Q3. to me and/or by
knowledge and authorize City representatives Jt'Je-~ who is personally ~ as visit
and photograph the property described in has produced this
application . entification.
~~~~
Nota public, ~
My commission expires:
SHARRON L SEIBERTH
NoIaIy Public, State of FlorIda
My Comm. ExpIres Oct. 28, 2004
Comm. No. CC963675
(G;
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PROPERTY OWNERS
EAST SHORE
400 East Shore
RA TN Inc.
401 East Shore
Barefoot Bay Resort, Inc.
403 East Shore
Beverly C. Dollar
405 East Shore
G L A Properties, Inc.
406 East Shore
Terry Tsafatinos
408 East Shore
Traveler Motel
409 East Shore
Lev N. Doktorsky
411 East Shore Drive
Kathryn of Cantaberry
441 & 425 East Shore
Apostolos V oulgaris and Annika V oulgaris
423 East Shore
Anastasia Kouthemantis
440 East Shore
John H. Pimenidis and Christina Pimenidis
443 East Shore
Penelope Patapis, The Estate of Steve Patapis, Dino Patapis
446 East Shore
Domenico G. Forlini and Fulvia Forlini
451 Poinsettia Avenue
Dolores M. Hartman as Trustee or The Hartman Trust
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RECEIVED
MAR 1 9 2003
PLANNING DEPARTMENT
CITY OF CLEARWATER
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Property Owners (Cont'd)
Page Two
462 East Shore
Paschoalina C. Potter
463 East Shore
Paschoalina C. Potter
471 East Shore
William Day
472 East Shore
Susan Stephans and Doris Stephans
475 East Shore
Rocco A. Rao and Donna L. Rao
479 East Shore (Condominium)
Mark Tilly
Carl Tilly
Chiavatti Development Corporation
David Desaulaimes
Peter Lawson
Sid and Minerva Guirguis
William Johnson
Fulton Homes, Incorporated
480 - 490 East Shore
53 Baymont
Jane R. Yearout and James Yearout
419 Poinsettia
TJ-Clearwater Corp.
423 Poinsettia Avenue
Joseph Caraco, Anthony Linares and Frank Iocolano
427 Poinsettia
Niki V olsis
439 Poinsettia
Trustees of the Schutzendorf Land Trust DTD
RECEIVED
MAR 1 ~ 2003
PLANNING DEPARTMENT
CITY OF CLEARWATER
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Property Owners (Cont'd)
Page Three
473 Poinsettia
Spira and Stathia Giannas
475 Poinsettia
William Day
483 Mandalay
B. J. E., Inc.
(Anestopolis)
485 Poinsettia
Michael Preston
Parking Lot (Next to 419 Poinsettia)
Michael Preston
419 East Shore
Michael Preston
Coral Resort Motel
RECEIVED
MAR 1 9 2003
PLANNING DEPARTMENT
CITY OF CLEARWATER
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PROPERTY OWNERS
400 East Shore
RA TN Inc.
.} 401 East Shore ~Jl,^ L9:.vr:hf- S{/Ml's)
, Barefoot Bay Resort, Inc. ,U.;'~O~~ {)A1'N.;\.
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EAST SHORE RECEIVED
(\) rt \-\~ o...i ~ C!..\...a.~ "\ l. "A ,..
MAR 1 9 2003
PLANNING DEPARTMENT
CITY OF CLEARWATER
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~ 443 East Shore S,Cj.-4.'\. '0 ~ i'u.- (?- ..~ (t V'oIII-\w,'a4I~) ~ NS\- .s.,~ '01 ~ '2...
Penelope Patapis, The Estate of Steve Patapis, ino Patapis
1 446 East Shore --r '"\' ~~ \\~""~ 1>. ~l' \.~, - ~.)t S\'\~'f'4~ It C'.~ t(O.,..~~-4.~ -k ~\...
Domenico G. Forlini and Fulvia Forlini
~ 451 Poinsettia Avenue ~ \'")~~ c...s ~...~~4. ~,... ~
Dolores M. Hartman as Trustee or The Hartman Trust
7 4+1 b'+ ~\...o\"'t "~,,\,~~~ ~~",'\~ - b \)7 -.dr \\~~
. \ ~w-e,\- \)~\ ~4;o~\..J t' IU Go- ~
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Property Owners (Cont'd)
Page Two
, J 462 East Shore
Paschoalina C. Potter
. I 463 East Shore
Paschoalina C. Potter
RECEIVED
MAR 1 ~ 2003
PLANNING DEPARTMENT
CITY OF CLEARWATER
471 East Shore
William Day
( 472 East Shore . A~~"t~ CI<'~ \\3~ ~~S'__ ';:;.\ ~Qr l.-.'J :t~.,~~.
Susan Stephans and Doris Stephans.l ~:r..t"~""~~" i ..~--..-)
J 475 East Shore
Rocco A. Rao and Donna L. Rao
479 East Shore (Condominium) ~ ~';~~ 1\')-
~Mark Tilly t'\"", ~\\~ .,.;,,~ ,~~:W4i) \
J Carl Tilly
"'. Chiavatti Development C'l1JJoration - \"&\.e~ .., \c...c... (~~ c..u....) - N~-t ~.,'Z.~~
1. David Desaulaimes - ~~ '...rr-~~ ~
J Peter Lawson
?J' Si~ and Minerva Guirguis - ~~ S\,~~,... (.~ ~ ~'\-...) - ~~+ ~.....~
WIlliam Johnson ~oI" 2.. . ~.,., .
Fulton Homes, Incorporated
j 480 - 490 East Shore
53 Baymont S'J - ~ '> <B~~
Jane R. Yearout and James Yearout
419 Poinsettia
TJ-Clearwater Corp.
., 1423 Poinsettia Avenue
Joseph Caraco, Anthony Linares and Frank Iocolano
'7 427 Poinsettia
. Niki Volsis ?,.~)Q.\"'~ ~ rhtkj Yc.~\$
'Z 439 Poinsettia (rJ~ ...~~t"U1 ~ '-\~~~.~)
Trustees of the Schutzendorf Land Trust DTD
? t\-'\~ ~t- ~~N- - ~\-h- ~~) nc:.. - ~.:"o__~Q.~~~c\a:;\ \>~+ ~
)\~-\e..~t-\ol)~ l~\aA. +7' ?)
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Property Owners (Cont'd)
Page Three
: 47~ Poinsettia N-~"') ~;-~~~ .al~ ~\-O ~\';)...aC)
SpIra and Stathia Giannas
475 Poinsettia
William Day
? ./483 Mandalay - ~ \~;:~ \, ~ ~ o.~ \"'.$4 __ A ~~....,:,'
. B. J. E., Inc. Ct.l\~ ""~\\. ~~~ Gt-w- . w~ .\~
(Anestopolis) ,",-,,, '\ ~\J~6. ?
1485 Poinsettia
Michael Preston
RECEIVED
MAR 1 9 2003
1 Parking Lot (Next to 419 Poinsettia)
Michael Preston
PLANNING DEPARTMENT
CITY OF CLEARWATER
f\.'~~) ~..\;..~ ~~ ~~ ~~~~\
~ 419 East Shore Nll\o.r, ~ \~~\ s'J '-& "'-0 ~;')-.L~
Michael Preston
Coral Resort Motel
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. Cue..' R...".....'\ ~~._,4"0\""_~ - s...'\:. --;\\Q,~ ~~~-c"'" . O'C'~ J''i.....a.~
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A~~o...:-..~~ ~w~~~~~ ~r \N. t",or,~\'~ I L\...'-
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A~~"" ~J",_~"A),.,' \\--0- t'\....~~~ \..--"-- ~ LI_c..
- OSl ")......L ~ 1 ~ \Ov-~ ~~er.s
I~~.....:~ S~....:~~ .t.r t.\~o-~ -'-c--.~i \""c:...
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PROPERTY OWNERS
EAST SHORE
RECEIVED
400 East Shore f... '0 A"fP'[ Q" f t (
R A TN Inc. ''i f\V
401 East Shore rf'\.~~'(t ~ &t 'f)
Barefoot Bay Resort, In~ ·
MAR 1 9 2003
PLANNING DEPARTMENT
CITY OF CLEARWATER
., 403 East Shore IhA ~ AlII ~ /T)tiLetJ Jl d.e.v-~~ ·
Beverly C. Dollar vuav -, I ''-1' r' - U I
'fI' 405 East Shore O;Un"d) . 61 Ut\.. -r- MJ - Avr A.Ot' ea~
G L A Properties, Inc. -. 0 f/ V...,... -. U
vi' 406 East Shore
, Terry Tsafatinos
., 408 East Shore
. . Traveler Motel
~1- ~O~
409 East Shore :f:: 1 ?
Lev N. Doktorsky ..
411 East Shore Drive
Kathryn ofCantaberry
lit .4- 441 & 425 East Shore
"" Apostolos V oulgaris and Annika V oulgaris
Ir(j~d~k~c~ (~)
440 East Shore
John H. Pimenidis and Christina Pimenidis
443 East Shore
Penelope Patapis, The Estate of Steve Patapis, Dino Patapis
446 East Shore
Domenico G. Forlini and Fulvia Forlini
v
451 Poinsettia Avenue 'r _ ~ h....
Dolores M. Hartman ~stee or The Hartman ~ -iM ~ ~
4~,~
~
..
..
Property Owners (Cont'd)
Page Two
,.
~' 462 East Shore
Paschoalina C. Potter
" 463 East Shore
Paschoalina C. Potter
RECEIVED
471 East Shore
William Day
MAR 1 ~ 2003
PLANNING DEPARTMENT
CITY OF CLEARWATER
t/
"
472 East Shore
Susan Stephans ~ris Stephans ~ V\.eb ti)\ ali~ ( r
475 East Shore
Rocco A. Rao and Donna L. Rao
479 East Shore (Co~ominium) ~ l I.'".,.-f:. (__.A- -..1. J (L~",,]
· Mark Tilly lL.YV\1V1ct E!l1(V) lei '-1-' VVcled. VLVI U<.(!nl "'(1)'"
. Carl Tilly 0 ,
· Chiavatti Development Corporation C no-t:/ ~ l.ed -,
<I David Desaulaimes ~
# Peter Lawson .
I~id and Minerva ~rguis (i1.ot. V\.ttztYI ud] ., 'l
/".JWilliam Johnson L '2. ~"'(&, (). R{~, ~ ~tv\ n.ot;v1Uc! ,..)
i tfFulton Homes, Incorporated J
_ ./ 480 - 490 East Shore + /.. Al/'l ~ ~'_I 0, L'
V 53 Baymont - ~ ~ ~knvY\ l t{.) ", I ~l'l ~ r )
. . Jane R. Yearout and J~-s -Ybhout
419 Poinsettia
TJ-Clearwater Corp.
I..~f
y 423 Poinsettia Avenue
Joseph Caraco, Anthony Linares and Frank Iocolano
.. ~ 427 Poinsettia I, .1" /J. A 7 "'\
.,. Niki Volsis +- Pw,<;e.{is Vol~s (f)JY\(/~ 0\Il..-- ~. )
_AIr 439 Poinsettia I ~';) PU{lav,~ ~ I fJf.J ~ rJurt/
.' Trustees of the SchutzendoifLl1nd Trust DTDj?/ ^" . J..... l
~ ~V11XJ(I.:U )Cnutzudevf-
..
..
Property Owners (Cont'd)
Page Three
473 Poinsettia r~ ~1A-- 'ruYtcr.n'Z2d]
Spira and Stathia Giannas l! l V-. -(1 ---
475 Poinsettia
William Day
483 Mandalay
B. J. E., Inc.
(Anestopolis)
RECEIVED
MAR 1 9 2003
485 Poinsettia p ~ OWYW' ~ PLANNING DEPARTMENT
Michael Preston fU.ko~ to ~~ M ~ CITY OF CLEARWATER
Parking Lot (Next to 419 Poinsettia) [~ P Yb PCAJ'?r_ Y\f~Y"tl e 11
Michael Preston (?t'\TM ~ ~~es~ ~lA:.t.. i1> ~~taM,)
419EastShore{T\lJ& f'~ 1<-O"bvl7<ldJ PItM 6Wl'WL)
Michael Preston ~ ~U -b t...Ul~
..; c%;sort~ ~
~~~OWt1~
,&
./ 44q ~40 ~e.. 0A~
~ DelGtiD~l'-C
Jan 17 03 03:22p
Florida Research
.
727 462 8304
.
~P.l
M. AFFIDAVIT TO AUTHORIZE AGel~:
~ d9 /U2- ~C> c.-:- ~ d;t<N
(HemP err clprop4W1Y 0M'I1lB)
/?
j) ~ .J 6 /l-7; ..L. -/ c... .
I
1. ThAl (I .mIwa ...) \to. ~.r(.l and !'eCOId ::RIo holdafta) of Iha following dIMI<;dbed ~rt)' (Itdd_ 0( generaIIOCllllan):
90 r E 4- ~ "-.5 /fur<:: I!:. -0 rZ...1 'v-e....
C.I.. ~~"L- . PL 3 :5 7h-.?
,
2. That th'- prope!1y ~.Utute. ttle propal1y Itr wtIId'l . f8qUU1 for a: ("die ~ueol)
Comprehensive lnfill Ke1evelopment Project known as HRluewater Isle."
J. Thllllhe underlliQne4 (h-""'-) lIppOlntod ..I'd (donAto) ewo1nt;
GERALD A. FIGURSKI, ESQUIRE
.. (hWlhelr) egen1(a) 10 PB~t8 any J*ftIona 01' o\he, doeumanla nKa'..,. to .n'act auM patlIIon;
3. That ml.. afl'da~ tuoa boftn pacut.ed to IM\lce \he CIty 0( CleandIlIr. florida to con.lct., and lid on Ih. abow d..cr1bed ~
4. Tbft lIlo ~l .dln0wh4g" lila' ... knf..d ..... (palka _d ~fIgq. vaftk.. -tOo) ~ bo pUeJ PRIOR to lba 1Muanl;8 of . bu~ pom>l.
c:ermc.ta of OOCUPIlnCY. 0( QtMI !Md\InlMl1. Iftlk:Ileww oow'- In(;
S. TballlAt vtab 10 tho "f'DJNrty IIn nKNnT)' by <<ay ~ntdYM In 0"'" '" ~I 01" appJIcanon _nd u.. 0Ime1 .&lhortul CI\Y
,.-aU- to viall e.nd photognoph ... prop-dy doKl1bed 11\ Ihl~ ~plicatlon;
.. __I,..............._'-~_.......~~ . .
.r .
. . -- ,...-
PnIpoRJ o.n.r
STATE OF J'LORmA,
~,~ur- ~ ~
~.$o..q;~'- .,..
COUNTY OF PlNELlAS
~rr- me thill lInd.Dlg"'. M omc.r dull oommlulan.d ~ Ihe Iewa at... ~ 1"IodcSa. on Ihlll. /? ~ . d., Of
. .,,:)g/7 -' ~....--- ~4A- L. ~. IT. WlO hlY!qg bMn IIr1tlJuly 'WOf"
10' Oepoeea ~ -fa mi' heI-". full)t ~IA,"", I'" ~ oICba dld8Y\t ~ . 'Iv"" ~
MyCanmIublEkpba: ~a~A ----'--~d~
_,~""" s.nc,q, l s,sllu . . Public
:"c:W: ; MiCommission OOon4f2 .
-r....." Eqire, Oec;ember to. 2005
.!t~/"I1 ().apMf",."lIAlJI1/karJrm FomInlwelopmeu ,.,."UQQZ ^"","""ampr./lA'llMt /nrJlt .,.,.._"'" ;MD2.d_
RECEIVED
MAR 1 9 2003
PLANNING DEPARTMENT
CITY OF CLEARWATER
AIQe 7 of T - AtolJDJe euvatapmllfll ^",,1~lon - Campr.II...."'. ",fal ~_.Ioprnanl A1:rJed- CIty 01 o...w...,
. .
~-
01/21/03 16:06 FAX
19J UU<:
.
.
M. AFFIDAVIT TO AUTHORIZE AGENT:
'13e.a~j L~~~lPr I~RS. C):f CA LJ)) IN c." r reeverl u c, Ch" (q r J
(Ne1iJq of.II ptupeny _...) tr ~ J
1. Th~~~;~~'~I~~_-_(_<<_~_)
!czqr aoQJ} ;~I q , 337-,67
;l- Thai ChI8 propeRy con_lh.u11ta lt1e prop_'" (gr Yi/hIdI a n1qua1 foe -= (daGfIMt mqueot)
Comprehensive Inti}l kedevel~pment Project known as "~luewater Isle.n
3. Thllllhe undeflJiQned (hIIWh.-) ~Intod .nd (doa/l:'<>l IC'POlnt:
GERALD ^_ fIGURSKI, ESQUIRE
.1 (~Ir) agerd(.) to ~ any ~na (II" ol:tI.r ,Soc.um.nla n_...., 10 ~ .oDh p.Won;
3. Thai thIa ~ I\aa boIIn .-wIed \0 1llGUC'Al1he CIIy Df Clearw8ler. F10ttda 19 con....., and Nt on tha .boW d..albed ~:
.. Did U'te IIppIIcanI edI11~ Iha'alllmpad.... (Pllrb ....d NOH.'" VdIc. .ta.) Vr1I r. pUll PRIOR to the IMuanCII of. buIldtnsI perml"
~ of oocuplll1CJ. or oIMf lMd\anlNn. whlctlewlr OOOU~ Ih(;
s. TbalaJle -Mb 10 lho prop..,ty ... "....1111 b'J CftI.f ntt:_rtt."lIH .. DJftr '" ~I mil appIIatlon IIIld Ilia OIIIm8f _lhortma City
....--0\l9Il10 viall .nd photolJlWpb ... P.....dy dc,lIeI1bfld In Ihl!! -.apficatlon;
6_ TtNlt (1'-), IhrI unda,.Jgnod 8U11\arity. tl-tr.r...1IfY Ihllt tho forevcmlJ ill... MId
~-
1.50-
EfP' ~-/~-
.J!a~~ the Undll~grwd. an omc.r dull c:ummAulo~~ b<1~ I... of7'" StMt of ~''lOI' Ihla / 7 r-^ dl, or
~V~ . :JIJ63 ~.ppearad .Q..-gve"lI.-1 ---.f::. r -,..JJ.1LLae. ....Ohewlng~..ldUlyawom
Oopaeea -lfIIlhal helah. fullv .....1A(Id. IIle II fJI tb8 .~ Ihat heI-"- .'Vned.
Mycomm~ Elopn.: ._~'*,~~ KATHLEEN ROBI:~TS 'f('~~ --;4~
f*; './;i;"\.~ MY COMMISSION # ( .. 866193 . NcUry PubHc
,%~"ll EXPIRES: No'/ember 30,2003
.'. '... (t.- I .
~~;~~';;;";;:'m_'V4pp1n:.11on ,;;:......pm.,',.;,~!ai f'/omJ.ii:';"'''''''~In'" eppiioo,;,iOtflol1i:dDc " -,-,-'.---.,- ,
COUNTY OF ~NB..lAS
RECEIVED
MAl< 1 ~ tUU,i
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 7 r1f 7 - Aerlltlle eevetGpmenl AM>/IC:IUon - ComplWbenlll/. ""III ~_.lopm~1 AnJ-::t- CIty of a._Ill,.,
01/21/03 16:07 FAX
~VV-.J
.
.
M. AfFlDAVlT TO AUTHORIZE AGENT:
G€.D~ (;-. G-~
(....,.. of pIVPlIf1Y owneR)
(
:~ehGL-. C-,
~
f. 'bar (1.m1wa ani) tIl. _~) .... N1CUJd DIe ~ft.) ,:Ilhe ro~ propajlr ~ecfchoae or g~~~:.. ....
,if 0 S- t::.. a: $ r ~ft,.o,~ ~" CL-~ U/ a-~
FL. 33767
~
:l. 11Iallhlll prupeny QlOIIIIutH the ~ to, wNdt II requat f01t a: (dallat. ~
Comprehensive Infill Kedevelo~~ent Project known as "Rluewater Isle.~
GERALD ^. FIGURSKI. ESQUIRE
_ J.___ 1lI11Uhe undal1liQned(huJbllW' ~ted_~ldQ!""~) Il!WOln~ _. - __
.. 0*/lheIr) -vent(.) to IDllcul8 IHI1 pelIIIolI8 Of' aU1er 40:_* n_...., III .... ...oh p.lIUan;
3. 1Mt thIs al'ftdM hila been e..wteclI to IIIduC>> ... atr of I:te.nmor. f10rIda to _...., ~ ed Olt .". .bow d..atbeli propell:y;
4. 1M' VIe Ilfl'IlIIcanl8dQ1awr1wd11M 1M' aD lmpad .... (pcb _d NCII'HtIOIt. Vdlc. m) __ be pUJ PRIOR to Iba Illeuanca of . bu\ldlng perm__
caAllll::lQ of OCQIJIenq. or otbet lMd\an!lm. ~ C1IXlU" fINIl;
:5. T1l8t ... _b ID lito ~nJfI8f1Y In necHllIIJ by cay .."..I.nt."yu In ordIT tD ,.-. mil eppUI:aIIon lIIld 1'- 0MIef eulhortul City
rwpraen......... to vlall.nd photog,..m ItIe ~ cIoeel1bed l'llhl. appficdcln;
~
6. nllt <V-), lhIIunderalgned 8uU\oritr. ..., Iat1IIY fl.1 ('III foregOing ill lIVe
G -'1503 D7~1P3] 10 1371' ./f}~/1TJY
G)~()IZ/~ 773G. 6'IJ' r~t!
STATE OF J'WRlDA.
COUNTY OF ~NB.1AS
s.roo, .", 1h8 und.~~'!!flllll oIIIc:ar dull c:vmtnlulo
~~ . ~tJ:>- ~1r1.",.8f8d
[)epee. md ..,. Iblll hellhe ftII
,..~'I:!!", KATHLEEN ROBBITS
M1 CommIAlaft Ellp"": ~~l:-"'~~:. MY COMMISSION ~ CC 866193
~: :~: D<P1RES- November all, 2003
~~.....~~ _ (IondedlluU NOIaIY Pubic Uiclllrliritl!l&
'.',f'~..\. -I
.!t~1I Oepetrm",'lAppIk.,/DfJ FclmI""'~'" twrt.wllttDZ /'9mtakMftpttohwuw.lnrlll."pIrJ_1oIt ZOD2.dlK
RECEIVED
MAR 1 ~ tUll:~
PLANNING DEPARTMENT
CI1Y OF CLEARWATER
RIg. 7 at 7 - AellDle Dav&llOpmonl AppJlC8llolh - CampIWb..uln ,",III ~ev.lopm-.,t ArJJ-d- aty 01 C1n,....'
Mar 10 03 10:35a
Tina And John Pimenidis
727 298 8712
p. 1
.
.
M. AFFIDAVIT TO AUTHORIZE AGENT:
~f?~,~,-Y T'S'f\FAllrvO~
(~ of.. popef1y owm_)
1. That (I arntw- _) ~ _6I'(a) and record We holdal'(a) allhe following deeotbecI prqlelty (~ CK g_raIIClaltlon):
LfO 6 6~s+ S~t'1~ Dr.
LfJ..( n ViA 'o-Tg.y- E~. ~'~7 ~ I
:1- That thla propeny =nsmuM ltJe proparty ro, Vo/hICh a requaa1 ~ -= (dallat>e ~I)
Comprehensive lnfill l{edevelopment Projec[ known as "F\luewater Isle."
3. Thll! :!M UM_._~ (h.aIh-1 ~ln~ _rid {doesltb} ~Inl:
GERALD A. FIGURSKI, ESQUIRE
.. (t"lIIIhelr) ag.,1I(.) to ~te awf ~a ~ ott.r doaunanlll n...ury -. ..n'act auoh pellUon;
3. That Ihl_ ....&VIt tu..1>eon 4PlM.'UIed 110 IrtcJUcA !he Clr) of C~er. FlDrldalo _",-, Md N:I on ~ .00_ d..crtbed prGp6l't)';
4. Thill the ~ Qd("~ .... .. Impact ..... (parb _d NCftaflotL l1IIfIIc. WI.) "'-11 be pIIiG PRIOR 10 tho lMuanC8 of. building permll..
Cl8~ Df~. or ott>efm.cha,,*,,- ~ -ralh(;
5. Tbat IIIte ...a. to tho prupoorty .,. n_nty b'J ClIy ntp.....nt.,,"'" In CNd.,- tD ...-a mIa applalkm and the OImOr authcmc.a CI\Y
~~ 10 viall and photograph tile prop.cty doeafbed ... Ihl~ appIi<:doft;
6. That (........), ... under-lgnocf 1tUIt\aIity. "-by DWtI(y "'althe forego.,......... ~ 0IIf'Ie0t. ~ --P ____
~0,.n7~ ~
PnIpen:y 0.-
STATE OJ' J'WRlDA.
CoutflY OF ~NB.1.AS
~ ~he U~"~~~8I1 ofnCBr ""'7 camm....~I..... ~~jOf_f'lqltlie..pn Ihla J 0 . day ~
~ . 01 ~ ~.pp.1ll'IId . ."_ ~ ()l).~ .....0 lIev1tlg ~n llral dUly IIWOTn
0e9- IMId ..p mAt helaM. feAtly Ulld!KaIQT!d_ Ill. ClClf1tenla 01 t allldlrvlllhtll tIeI.he ..ned. _ ~. .
MrCemmINPt Ekpb.= 5' -ID .- oS- .if}JfJJ?.LM/l_. () ~~_
" . Notal}' PutlHc
~~ o-pMrm_lVIppIJc_lon F<>monlrltl_pm_r ,.,.,..\200Z f'lqnn.~""'/tft_In" ~Jon Z002.doc:
SABRINA A. HODGES
Notary ~ulllic . Stale 01 FloridaEMy Commission E~pires: 05-10-05
Commission Numller: DO 024454
RECEIVED
MAR 1 ~ LllU3
PLANNING DEPARTMENT
CITY OF CLEARWATER
PIIge T at T - A~lble Dcvatopmenl J\M)J1eaUon - Co~... ,",&II ~_.topm"" AvJ-c:l- CIty 01 0_,.......'
01/21/03 16:06 FAX
.
.
'Eb \.J \ N ~ LEA-
(.-- of all pwvpeny _era)
bA
:'-(
II} of the foUawing deeatbecI pnlf)eltj (~ Of v~r.IIOCIIItDn):
( ~" <- ~~'\'-'
,1!qU." ~ ~ (....arIIe ~1M8t)
i'{>meo t Project: known as "J\luewater Isle. "
GERALD ^- FIGIJR5KI, ESQUIRE
:10) IIppOlnt;
I - - .'
, -- -
. dQCQmllnla nKa...., to diIICt MdI ~:
, of Clearw1ltor. F10dda to _..., .nd Kl on the .bow d..Cltbed proplll1r;
I."" .,d recre..... vdIc. .to.} w1I be p'" PRIOR ta lite lMuanca of II building pCllJtl"
,..- OCOU.. IInIC;
1>>_l1ldwe n .... to ~ IJlIa appllc:atlDn IIIld lIw OIIrfJer aulhoftzn Cf\y
11d1nU\1~~
.
1.llha forevaJng . tNe..d ~
:::=~. -=f
!ITATE O:r JWRlDA.
:~ me .... of \he st.IIt of ~n lhla ~ / :J I- " de, ~
~l...J;.. .~~ ~ ....--:;...'..,.-
:~TS ~~, ~
l;c 866193 . Nola.., Public _____
1'30,2003
I
I
M. AFflOAVrr TO AUTHORIZE AGEttT:
t. Th.. (l.mAMa IUW) III. __rta) Ilnd Ncord title ho~.r(
~f:.L.~ k.C'T'~L
't 0 ~ ~Jt~+ ~Of~ \")
~_ ThIll mill popeit)' Cl;Jltltllut8. ttIe prop.11y (or WhIch · r
Compr~hensive Infill ~edeve~
3. Th.-t the lJnd8~ (M~--) appolnted and (does/l
...,.,.....Ir'j agent(l) to eJIIlQde af'I'/ pallllanl 01' alii..
3. That thlll atftdM.... been ~ lO lr'CNCO.... CI)
4. T1m 018 -.ppIk;anl.~Pcnwlwdg" flat afllmpad"" (J
cel\lftc:nl of OClQIp.ncy. or otMr ~1Im. wtiIcheY
5. Tbal afte oM" to the pr-op-rty In nWMIlWJ art eliy III
....,..n...... to viall end I'~..ph ttIe p""'" cbKrlb
6. TIud (.....). Itw und.~d ltUlt\aritJ. It-bJ ...r1NY It
COUNlY OF ~NELl..AS
811C1Q,,;7 ,.. ultdelJlJl.rJI!d. an oC\Iatr duIJ Cllnlm"'~
~ . 1.lI(J >. ~ ..,.-1InId '==
o.poeea and ...,.1I'I1l ~8h IIIe ~
.... eomm....... e.pn.:
..,~~'fi:!t'" KATlIlen, ROI
...<t:- ..:t.- ~
~:' ";-j MYCOMMISSION,
" ..;i~: EXPIRES: Novem~
.ll'..' IloIIdodTtwu
!t""-m/lf" o.pMfmaMIAPIfIIc.,lun FomJ~- """U.!'D% FomJ.~ "'rill ~"Ion Z0112.drK
RECEIVED
MAR 1 ~ lUU3
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ T a( 7 _ AeJlIDI. o-Gtopmenl AppJl:SUOR- Ca~. ",fill ~_.lopm"'l AaJecl- CtI)' 0' 0.............
11/20/03 15:10 FAX
.
.
I?~
.:>
;~s
1. 11\., Cl .ffI/wa _) ",. CMnerca) .nd record UIIe b~.r{
LfO<1 E~ SHul2-E .:wz .r
C LEir1<. oJ kTE-R. FL,.
II) of the foUOwlng ckIe<;t1bed ~rtt (1lddnDa Of' ll~r.l locIIIDIl):
-:#7
337(;;7
l- TIll., mJ. prope~ cooatJl.utee \tI. prvp.rtl- for ~ · "I.qU." f(W a: (dallOIlbe requMt)
Compr~hensive Infil1 Redevely~ment projec.t knOlo7n as "J\luewater Isle."
GERALD ^. FIGIJRSKI. ESQUIRE
3. Thallhe Undaflligned (h.aIh.-) .-ppok\ted .1Id Cdoni':lo) IIWOlnt:
3. tha' "'I- ~ I\ae bean pacv\.ec:JIlO \rtINCIl1he CIt}. of Cleandtet'. fIorlda>> CCJf1UMf and IJd 0" !he .bo.... d..Cltbed pruptf1y;
.. ~If) egeo1l(.) to e)IlIc:;utll ."., p-mlona or /lIth.1 doeumen" n..,....,.1O aflIIid auoh ~;
4. Th-' "'e ~nl.dll1mrt.dg.. ~ alllrnpAd.... Climb .nd NQ'H80". va1ftc. .tOo) WII be paid PRIOR 1a tba IHUM~ or n building p41nn1.
C1Dl\tftI::8tII vf oc:aJp.nCJ. or gtber ftMI(lbanlM1l.. ~11r' QOCI,IIa fIraC;
5. 11Iat lite .blo dlo plllp'lrty .. nec.MnrJ bt ct.y 11I:II_nta"Y'H In ord., lO ~ IItIa appUcanon and at.. o.ner IIUlhortPl C~
..~__ lu vialt."d pholOg..ph the ~ delc:rtb,1d In ltIl!I tIp~;
~~
;/~~r-~~
6. Thill <V-), I"- unders)gOOd 8\I'lNJritY. ,,-by ....nIlY d I.' hi folllgOlnll · lIVe .1111 ~
PnlpeRJ o.-r
,TATE OJ.l' nORIDA.
COUNTY OF FtNB.1AS
Ll4l... . d.r~
whO hev\llg lIMn tlnllhllr .worn
Boaf\1q me IhIli undeJ3tg..-r. an oftICltr dulr oornmJaaIonlId t'r the '- of... StaIw of PJodda. em Ihle
~ . -z..OD"l ~1I1.~1Ired Lev 1Iol("t..~(sr-" 0\- rILje":lI ).olltDt"H..1l
lIDd ..,. mat helahe ""'IV undoaIaod. the ~i. GI thIl .1IIdeIl .... heletw ....,.ed.
..,.,."............ f~i;~~tf",,~~~ ~ fl
:; cr.'. If'*, :.~::; D;p:W;S Sep. 1~ 2,Q:ell_.....
-:;.J~~'~::~ '. . :'t;
.",;;),';,.". J"~l"l:'1ic p!)l~din:5 Ccl.,.
~uw..nl." o.pMrm_,,,,,ppI/c.rlon R/mtnflrw'-IDpm-r ,..,..,.,UltD% f'Iotm.~JIlfW Inf/ll eppIIdNJoIl :tOD2.d~
NolIII)' Public
RECEIVED
,--; ~fvR J1>1
1()l "0
7
J
MAR 1 ~ 2003
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 1 rtf 7 _ ~IDI. o-.topmenl ~I::III1On - Comprwbenell/e ~il ~ft.lopm..-Jt AuJed- aty 01 C1e.".,1fI.'
01/21/03 16:07 FAX
.
.
M. AFFIDAVIT TO AUTHORIZE AGENT:
J\'A~,.J .!9F ~A r\ AtCk.)I-'-/
(....- of .. _era)
1. 11\.& (I.mAMa me) \tMt ownarta} and ,..Cllrd tItI8 boId~I') af the foDawlng dellcrIbecI propeltt (.-Jd- <If OllMnlllOCIIIIont:
1J _ u ~:r.[iJ - c::: L ~ ~ ~ - ",v;--
c..\~_~~ c?..~Sl fl .'::1~'~'J
2- That thhl pmpe"Y QJII_II1ut8. ttlellfVP8"Y Ior~ · ll!que" tor -= (dalCItbe mqultttt)
Com pre hen 5 i vel n fill Red eve 1..!::2 men t Pro j eel: k n 0 IJ n a s II In u e w ate r 1 s :): e . "
GERALD' '-h..' FI+GO-R'SlCl;- ESQU-IRE--'-
J.
Tlull !he und8miQOed (huJh.-) -wa1tlted and (donll:lo) IIPPOlnt;
3. That IhIa alftdM IuIa been _culed \0 JItlNC6 ... CI) of C\eIIIWIltItt, F10rfda to r.on.1d-I' and Nt alt aha .bow datatbed PfUPN1y.
.. (tIIaIlbelJ) agerd(.) to eJIIICUla IlIl1 ~n. or a1h., documanla fteca_.-y 111 ~ auctl ,..won;
4. Th-' Ute ~ adl~ -.., all mpad r- ((I"'" .nd ra<lMtIcIn. vaftIc:. atc.) wlI t. .., PRJOR la the 1MUAnC:8 of IlIMd1d1ng pennl.
ce~ of occupancy. or otMr mMJMnllm.. .tik;iheYllr oogura Iht
5. That. .b 10 tho p~ In ,**,RIJ t7"f C'Y "1~nI.w.. In 0111., ~ ~. 01" ~plk:atIDn and lhe OoMJef eulhortUa CIt)'
..--u- 10 viall and pllOtOg..ph.... propMty checrltllld In Ih'~ ~
6_ Ttl.. (.....), IfW \Inderalgnod ~. ~ ..t1IIy ~Iel tho fol'llgOlng..iI.. t111881ldrJ' - /. '
, ~;:.-!/41/
~""'~'7
~ ()Ionar
:!JTATE OJ' I'LORIDA.
,
'//tilc'
_ me ... '''''''11-.- on ......,..., _~ ':r'" -..... -..,....... -.... 2Of-1, ..... of
~f\J. . '2CO..1 ~ appaMDd .Je:!~~h f.,. We,..t l5 wh~ newlllG lIMn tnl d\.lIy eWOln
DepOMll Md _111 tna. hellIh. NtIy undlIBIalldlllha c;Of1\Wftll 01 thA .lIIdllWllMlhellhe a1g~, ~'" ~ -
Mr~""'Ellpl/Be: ~o(q~/04__ ,__ - '~ ~ ~'~
_ ' _, . _ _ _, _ ,,- . NcUry Public
COUNTY OF F'tNEllAS
~~",. DepMrmMM~fofJ f'(1mJ1I\dr1tI8/fJpm_r ,.,.,...,~ :'DZ f"otrrt.II:DIIIpw/l~ In''l/ ."tJa"'''''' Z042.do<:
~
prl"'r'" '~11 () 7
~ ~()lVIl)) ,
(/)
~ TiffT _ AMIDle Oawlllklpment -,",111:81 Ion - Comprell.".v. ",'Ill .-sw.lopmenl AuJect- ell, 01 o...~"
M. AFFIDAVIT~ AUTHORIZE AGENT:
/.fft!) ( 10 \' V(/l/I.~~RI $'
IJ~
I:J N AI / /<:,::J V <fV LC A11Z. 1 -(
(.....- of.. propetIY ~)
1. That (la""'- are) t.he owner(e) and ,.cord We hold.'(I) of the foDowlng ~ ~Itt (1ICSclnDa 0( oenerellocatlon):
/;'.2 ,.z:; AI ~ LlI/ / E-43' -I- cJ A t:JOr !/ /Z .
;'~/fJ'tu//l+I?/? !l2t7;tJCt1 ;::L/J. (5:J 7t57
2- That thlll property aJnstItutM 1M property for Whk:h a requnt fOf -= (daeCllh ~t)
Comprehensive lnfill ~edevelopment Project known as "Rluewater Isle."
3. Thill the unde~ (haaJh.-) .ppok\tod and (dOMltto) ~Int;
GERALD ^_ FIGURSKI, ESQUIRE
.. (~Ir) agent(a) lo tr)lIICUte .ny ~na 0( other documents nec:.a...., 10 ~ auoh peOOon;
:). That lhiA afIId~ twas been exacuted ~ lM\I~ 1he City 0( Cleatwator. FIoddalo c;onaJd,er and IN:1 011 1M abow d..atbed property;
4. That the IIpPlk;anl a<<kI1011WhC1g" ~a' aIltmplld ..... (pam .nd reclHfIoq. uaftIc. lItc.) wII be paid PRJOR to the IMUaJlC8 of . bulfdlnSl perm"
CIS~ of OOCUplll1cy. or ottloaf IM(lbanlam. wtJIchewr" ocwretnt;
S. ThlIIIIte vt.b 10 tho proptrty .. necNl1IIY b'f cay rep_nta",," In onIeI' tD ~I lYlla ~non and lr. OIImOr aulhortul C~
..prwMf1"uv.a to vI.1t ~ photograph h propMly doecrlbed In 1h~ appfiQtlon;
6. Ttlllt (Vww). IhlII/"der-9nod MJlt\Drity, tl_by aw1Il't thallhe foregoing allVe.~ ~ u!lt- ~
~/~~p;;; ..
STATE 011' nDRIDA.
COUNTY OF ~NEUAS
a.~ the und.t~nM. an omcar duly comm
~. . Z!l.lf'3- ~ apPellfOd
0e90N& IU1d _ys Utat helehe fu
My CommIPloft Elcpm..:
!t""-'n/JI, o.pwtm.",lAppllcetJon f"<1mI~""pm..r """"~DOZ f'qnrt.lcantpnlll."W.lnfJlt eppDoetlotl ::0/12.dK
RECEIVED
MAK J. ~ 10U3
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 7 a( 7 - AMIDIe Oavmopmonl A&>plleallon - eompr.a.n.". ,.,'D. ~alopm.m AoJed..,. CIty 01 0.._111.'
.
.
M. AFFIDAVIT TO AUTHORIZE AGENT:
~ r~.> W.(..l L..< 1(0 tt-th ~ ~4 ~ +-: ~
(........ of.. propertY own_)
1. Thill (I arMMa _) t.he _.r{a) and record title hoId.i(a) of the folloWIng ~ propertt (~ CJ( o-r.IIOCIIlIon):
42-1
U')t- Slw(~ QI,-V(
f
Cle4-rW~
f7Ul..-rL
,
~4.- ~~1 61
2- Thai mil property c:onstllutM the property for whIdI a request for -= (m.CI1be mqueet)
Comprehensive InfiIl Redevelopment Projecc known as "Rluewater Isle."
J. That theunda~ (h8-'1l1lW) ~lntod and (dOMldo) ~Int:
GERALD ^. FIGURSKI, ESQUIRE
aa (~Ir) agenl(a) to ~lB lI01 ~n. OIl' oilier docom.ola nec:a...., to ~ auoh petIIIon;
~. That IhIa .aflld1Mt tuaa been ~ to lrtlJUOD the CIty of Cleanmer. F10rtda \Q conaJd.ef and ~ on the abow d..a1bed property;
4. That the IlpPIcanl 8dl:l1owhdg" 1M' .1 Impact ..... (pmb Id\d Na'HtIoIt. vafBc. .to.) WII be pall! PRIOR to tbe lMUance of . building permll..
cer<<lcl* of OOCUP8llCJ. or otber ~ wtIIcheww ClOQU,.tnt;
5. That lib -Mb 10 tho proplIrty ~ necAl1lIJ by Cty ntp_nta",," In order to ~a UIla a;JPIallon and It. owner .ulttartua City
,-.pr.-ntalll/lea to vlalt ~ phOtoV,.ph ... prop.rly doacr1bed In lhl!, appM:at1on;
6. Thill (.....). 1M I/lldera9ned ~. "-rabJ .-1IlY ttlalthe foregoing ialNe -S ClOf'I*lt.
~o..n.r
Prllpenf o.-r
STATE 011' J'LORIDA.
COUNTY OF ~NBJ.AS .
~'?1.~Unde",g,.. 811 oIftc.er duly oommluloned by the r.WI! or lh~ S1at1I ~ ~J on Ihp _ I J q" /"/1 . day ~
J!./..lt.4J--. ~ Ob ~..1IRld ~or<<:u.s !({JU1f1ml1li.LlI. whon~"'nlldldUlJ.wo'n
~ _p Ifta' helahe tullY undoBlaflda the ~Ia 01 the .1IId~ IIMIt.M1aM 81gf*f. . ~ .
My COmmINloft Elqlb.: ~. . SHARRON. L... ~ sase. .RT~ ~ .
, ~ ~ ,..., state of F~1.1 .
. '.' My Oana Exr'" n.... ~.~, 2004
r.
~~/Jfp o.r-tm_flAppllc8llon Fomt.....elDptnWl' ,...,."UOOZ ffqrm_lconapnl1lrlw.In,,, 8pPIIolllloll :l002.doc
O SHARRON L. seBERTH
NotJ!tIV NIllc. S1lIte. of Florida
Jtl ~ Ooftull. EllPR8 0c:l28, 2004
Oomm. ~ CCII387S
~~
~
~
wM~
~
RECEIVED
MAK 1 ~ LLlU3
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 7 Ji( 7 - AeJ{fral. Oevetopmenl AppJIc:IIllon - Comprwb..,.we ,"fill "-d__lopment AoJect- OIty of CI..,....,
"
:-
,
JOHN & TINA PIMENIDIS
727 461 6:L:L6
.e ..
- .. ~. ,
. ~ ".......
- .... ,,'-
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- . i.......:.
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. . .' . _', .;~ :,!!-."'. .j-o::Jl~
. };;..~~tf::Il'm.li~;;~:W~A~~~Q;tztr..r~!>r~!I1I:ll*~'..;.;.~~~. . ':;.~,,'~"
< ,':. :,n ;t,r ehl' n a !_ ~,,~ Inf i 11 li.~~t?: 'l;:~:l,;'~~,~:oii:J?r~;j;f~ ~~ !I:~~Q~~~f.<.~~j)JJ~)_~;",~:rf~:tJjK
. ~ :.~-~:~~~==~:.~~~~:~~=~-_::~~=~-===-~:..:~-~~~._~~._=~~~~~..' ~~.'. -~~"'~';:LI;~;~~;~;~~', ;"T~~:F:i~
G'&R hL '{), ^' .'~ l-Cd'li..s;~i~. ..; -'(.'~(t'H R~~
.. '::=-..~::'~~~~:-'~ ::'.:::-=______'~!: c~':i, 'p~:;~U'IT: 'b+
~ ~~...H) (I-~lfl';~~~} tlJ ~;cqJQ~ 00-; ~Vl1:;::tl" ~ ~1llJ1t,.....oS!....tI!~. ~~~Mt . ~ ~~ #.~ .::- > 'c'. ' . -, l ".~ ..,;.
'. . .. .''*''tk _"0'-<-"""''' ..,- ~""or~. _..~~~ ~f~~~
: '.~ ;~",1i,U;!i'~~~;t"'1-l.!\I>j~r.fl~:';'~ ~)M"'~b'l!:'I/I~N';t;;f;.<nf1.JI'-2;r.d~~oft.~~)..~~~:.&i'~'~~f'
;.,::::==~;:~~.~:=.._..~~~~~C~~<"tt
.:. '~~"'G~~~;to~~!(~.:lf:'~l"ll~zgr\llP-<~J.~"lf<;Jl~~~M~"'~~:' , . ," . '''.' '--.. .<' '- >::;f.r-~iQ.(f.
~ ~;:: . ~.l . ':. . . .: " ;; -~fI;'t:it~}:
}:~:!! 'f~,,~~(:.?:!tlv 1I~"g:l\l,~Q:td li'..i'2\!1l~1. ~"':'''''lclM'I!l'~~,''~\:'A~i~~~, . <. ~;' ~~,?_~ra,t
l'... .' -.' ":'.' . ;.:.... . -~of,:'-"~';:-l"').~t.,;
l.": . p,,~~~, ~/';' "-ft.! J 5"1..!(J (.'~~i:;.l. .~"~r~t.J.:': , - . " .... >/'::nf.--\_~..;!.>1
;' -R of _.'> .,.... '..... .~: - ,'.. _..~.......'""4' ~h:....
r p S5 ~ 'I r,TV(, ~<.:t" ~'~~-l".~~~,~:':/7 ~';' ;~?;?:ni~i;lt
" LJT.A_!~"~J' ~~~ . ~ :;:,,:;:;:::i:-<-:.~"'"
;', ,: ~'~~~f'" ~~ J'~~<<-l.lAS ". .""': ' - >- :. ~ I:~?3~~i~~~-
n4rt;..,~"",-.., .........,. ='-"'~':'" !"'!.....;~..- ~"'" . , ..,; );f~;;tf;';l~~~~
1:",.ll../tU-.:" :U~~~"~~~~ -t":~'(H."'~ ~~,.,..,Jd~'~r.:'"'~'~~t~~~',>:."~,,<
. :~~.~tftA~~r~.~~;h,~~~~~~~"J,l\:~~Kl:~~~:~:l1f.;~Xi~i't~~/:,~:.~r.~:y:~~~~:H~'"
~:.~ ," ~ :_" _: .".. - ....... ~:.!S..~~~~: ," ";~t~;. :.:'0." .' ,'-- -~.; '1:-.... ':' ~:.} ;.C!. ~ . .,.:.e . '-'W" ~-==~. ::,,~~~~:...~.-:...
\- ''- -;~~~~-rl~"~it. ,j .'.... -- .... * .--,}.~~.,~ 'H'i' '.,,' "r:~, , , , ;; ~' 'n':, .,., ;.: .v." ,.'. ',,:~': ',,<;,:;-f',",
~I,':"'~ ,!, .,.. ":' ;,." ~ '.,rJr..f~~!_',. ....')., _~-,," . '",_.,-.,'.' - - '.i";;S~,.",.'::~'7
f' .-" . 3'J-': -A :\j"l'v~~~i.fu~"~' . ',;:-' ;. fA --;;!'. ~ -, .--",-<";?!'{;.,~,,,,
\,?~~;~::~~~~,.' , · '~::..~~1:~::'....:"~~~:,.....:;:;; """;::iiif'
RECE,vem~{t
'. :.":' ;;~:~~~~11};~~
MAR- 1 ~ : i0n5~'::~.:.F~"
'. ':. : ':.,"'" '::';..,~~~~~~?~~i
PlAN'NING:pEr~-,.;' -"
CITY"QF'~"--r ..~-
",
, ;
;" . " .~
: I' ~ .
': .
~ ".
:".:; ".
!> : ' .
Jan 11 01 01:0Sa
p.3
.
.
-.--..------...----
_..---..~_.~
M.~IOAVIT TO ~~~~ A~ENT: . r I/)" b .1
_ ~d,,\"-<-~ -=zh<--'i:1 :!M:$.~_S"W..L1'- +.., TS', J). 4.0 r "'TO:/;;
._------a.
~dt..~--)
I. 11\111I (t .~ "..) tt>- --.e.r(Cl} ....c .._Ii tfI/O Mldu,(e} 011htJ I'OlIowlft\l ~ ~ <-<<~ v~" IKdlan);
l.l4~t iJ.~('--i ~rW4.h.LJ>~~_~.__-1J1~'"
---------"
--.... .----.-----
----...
]. _ TIlM ChID 1IfIlI*~ canlllhUleu UMI jl!Vptl'" far IfflIl:tI " r<lllll"Il111 for.: (cIotIGflM___C)
~~pr.ehp.n~ive~i~':.I!--dcv~~~~.:..!!..t Proj..,ct kO()Wn~~'J\hl~~:E Iele."
------ --
.----.---
GERALD h. F1CURSlU. ESQUIRE
'1. T1l..theundcDl..igntd{..""'IlW).......ll\'(.lhrod(dQWllto)~J'Olnl: - ------ - -----.-------
----
--
:J. n.I" mi. d1d1Nfl haD OOIln .~ ~ 1fIQIII>> .,.. CI/J of Cblll'fl1ltor. J10ddB Iv ~....., .... ~ on 1M: ablMJ d_~ll pl~:
.. (h1I1/111111lr) "11....(.) te .,...1:1I18 11111 fUIIlllUlWl o' III"", doal_1l1la _......., -. ~ ..,ch ~1III1Ian;
4. TIMIt "'e eppI<;anl ..ek11-'-4lJea ltlat ..1mf4d "- (P"''' <Utd MCIOolool. vafI1c. "6.) wIJI r.. I'lIil1 pRJOR bllIlo IwUNltI1 of II bulld/n(l parmll.
OII~ Df GIXIlPI"'CJ. or lftMf' 1ItIIOh."...... ...."'(JftI- mlW.. fht
-.~o.n.,
-p;'...- 0.---,--------------- .
5. ThIIlIlb oM" III lbt p~ _ llI!OO"''''1J by Ctly .-091._1.""" '" ....... teo p.-. ....11II
"'i..-~_1II1t11ll IIIId pmaogl'laPb IlIe plODoIIllf dDfICI1bad 1ft IIIIIIIIIJI~:
5_ ,hilt (1fGII), IhG U..,.,.Jgr1ed 1IiIIN'~;h,,-,,"""''''''fIM''''''''it avo ....dOOP....
COUIfTY Of. &VIA I ~ MA-1Ut,J
S"A'A.'J'E OF J'LORlDA.
.s: "'""nl~1I Of/tWl_nIlptllkDllDfI ,...
BONNIE L SIMES
MYCOMMISSIOr-:. 1i-~
Of~~~PI~~ItJ'"
, ~AilY F\.1lOlBIY SeNice & 6<Jndirlg. 'ne.
.pv~~:r-.;.~~~.ln~~~"fr-r~oI~,""llIh
0ep1\008 lInId ...... .... ~ fdllV ....,...,. .... ~ a4~. umdllVl1lr\1l1 tiel"'"' ..,..
My eornrnho...... e",l".,,:
d. .f~ Ofr;
..---
~O~.II_
f8f 2100
t4vo in PeM ~
~ iJj1\k ~ ~
RECE\VED
MAl< 1 ~ lUU.i
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 7 (ff 1 _ ffOlllP,", o.,.,dvpn..,,' A~11Oft - C".A>mprel\tl"...,., "".. Afdll'VoInl1",,'nl r-I1Jood- Chv ot CI_..........'
~ . d
v8~9.CN
LC~06vvLlL S3INvd~O) O)13W
~V~t: I \ EGO~ -~l.uer
02/11/03 13:05 FAX
"eJ"V...L
.
.
M. AFFIDAVIT TO AUTHORIZE AGI:NT:
~\-lt 11/' L
(~ (if d JlfUP8'lY own....)
PO/lLIN'
.. tIIM (I .mA- are) U.e ownal'(a} and racurd IltIe hakbr(-I or the following dIIecdbecI propeltt (-.fd_ Of oer-.T.IIOClItIDn):
Lllf p ~ A-~ T S' It;ofll- 1:, ~.
c: L g tII fI uJ A.. Ii a, ilL, <. S. ';7' 7
2- lbat mlB propefl)' conatJtutll. the p~rty klr which . re1Iu." tor a: (daa~ 18qV-t)
~omprehensive lnfill Hedevelofment P~~jecc kno~n as "Rluewater Isle."
J. Th.. the unde~iQned (h-a/h...,.) ~Il\ted and (dOll1lllJIJ) IlWOlnt:
GERALD A. FIGURSKI, ESQUIRE
I
.. (l\J8lrbeA1) Agen'I(.) to ."..culB .11)' pettllone 0' oIh., lloaun.o" OKa...,. 10 ~ _ah p.OOan;
:t_ That Ihla .aI'ld1Ntt .... been ~ \(llrlGUCa me CIty Ilf C~r. florid. to GOf'I.Id., and .ct on 1M .bolllt d..c:rtbed Pf1IP841y.
4. Thill tne ~l .~l1owt.dJi1.. tha. .R IrnpKt ... (plllfb -,d rea.etlol1. V'JIfttc. at~) WII be p'" PRIOR to the lMu.,..~ of . building permll.
mrtt/'k:IItJI uf oocupanq. or other rMOMns.m. wI1Idwrw.- Cll:lOUre tht;
5. The,'" _b 10 tho pl"DplNty era ~.lltY bt Cll)r .....I_ntd".. In 011111 to ~. GIla appllanon and .r. OM1er aulborUa C~
,.prwenIII~ 10 vlltt_nd photoglllph t~ propoody deHdM.1I1ft Ih~ .,.p1iQt1on;
.. _(_l....._...._.__..,......_....~'-- . ,
':'1-: :-.=-[.,,,.... ~~~
,~fi ExQkeSJune09,2008 STATE OJ' FLORIDA.
COUNTY OF P\NB..lAS
-
~.C:- me the unde~gnecJ. an oIftcar dul, cornmlu....~ b): lhe 1_- a! \he~~, an.thls / / . de, ~
~ . ~0c>9, -- ru;!m.~~.c '''.~::f"......_...,...'--
.... _.,. ibid beI.he fdl~ undoRla_ IlIe ClOfttan'h 01 eM ......".1hIIl hW'." Igrted_ \. ~ '
My eomm..... EIopInI.: . - 11' A ~
. . IV Public
.!t"u:r.mIIr, """'",."lII4pp1/c",lon RJrnIndIow_ponll'lr fWI\IlIIrU~"Z 1\lmY.\caIh,.wl.uNW III'. .""....,"'" ZOD2_da<:
RECEIVED
MAt< 1 \:1 LUIH
PLANNING DEPARTMENT
CITY OF CLEARWATER
AIQoe 7 ar T - AstIDI_ OIwelopmenl At'J)/I(:,,'on - CGrnp..-henel... ,"fill "-d_.lcpmenl ~jed- CIty 01 o..row.t.,
.
.
.
\1Ji \LA (
- . ~~\~~ ~~~/
\ ~ cJl \)"~
-
.
I u. AFFIDAVIT TO AUTHORL!E AGENT:
_DG>\o\{,~ l'Yl . .l-~r~ ...."""
(~ of all pnJPef1Y own....)
1. That (I am/wa are) U'oe ownar{.) alld ~CDrd lItIe hold.'(I) oIlhe following deeotbe<l ~rty (ldd_ 0( 0_'" loattDn):
4'i"' ~ fJ~ -hs~-ti '" I C L (...A. r- c..v ~ i?~. r'-- 3 51(...~
2- That this property CQrlltltu1e. th. property tar WhId1 . reque., tOt' ,; (dalCI1be r.I:,uet)
Comprehensive Infill l<edevelopment Project known a.s "Rlllewater Isle. "
GERALD A. FIGURSKI, ESQUIRE
3. That the UndeBiQned (h.aJh.-) '1f'P011lted and (doe.lOo) ~Int:
.. (1'IWlhe1r) agent(e) 10 eJQIcute any p.ttllona (K athar dOCAlm.oll nKa'ury to aft'Itd. .uoh petftlon:
3. Th.t thl- _"",M tLa. been ~le<I to II1dU000lhe city of Clea~ClT. Florida 10 .;onaldoe, and ~ on the .bo.... d..atbed property;
4. Th~ Ule ~nlll<;k"awtadi'l Il'l.' alllmpad hMle (parU aCId I'IaHtlOI'J. u.ftIe. -'0..) wi. be paid PRIOR to lba IMuA1lc. of . building perm"
certlftaJbl of ooc:upanq. or other me<:hanlam. whldlevw OQCIUTI tnt;
5. TMl aItt vltb 10 tho property 8r8 nec.N'1I1y by clly fltJ)nlHmallY'N In order to p~a mil l;lpUc:anon amf Ill. owner aulhortz.ea C~
r.pr.-nWu..... 10 vl.1t and photoV"'ptll~ proP-fft doaerlbed In \hI. application; i /,
&. That I-I,'" "d...",,,,,d -....- -""'''' fo........ - ~d -~/fl.;~tu
Property o.wnl'
..
PnIpeRy Owner
STATE OF fLORIDA.
COUNTY OF P\NaLAS
~ ~nderslgned. an ollIc:ar ,jvly commluloned by lhe law. of th. m" of ~. ~Ia //fiL deyof
<.. ~Ily.ppe.rod ../)~L9(l~<;, flrcr/lJ1't who hevlllQ ~n flnl c1v1y .woln
Oep IInd ..... tnlll he/ahe fully undoralandelhe c;()f1\Cnta 01 the Btndavlt"lhtal he/aha Blvnecl. ,
My commlNloft ElIp'r..: G) SHARRON L SBBERTH ~ot ~
Notaly Public, SIat8 01 Florida NoUIry Publlc
My ~ ~ Oct. 28, 2004
~~nl"f1 O*pMfm.",lApplJutJon fCmJ.ldt1veluptnenl ,.,....1200Z f'omt.IcOf7lpt'rl/lrlJ/Ve Inrlll eppDeBlIon :Z002_d~
RECEIVED
MAR 1 ~ LUU3
PLANNING DEPARTMENT
~ 7 of 7 - Aeltlble o-~pmonl ^ppJlc.l!lon - Comprehenll.,e ,"'111 ~enlop~~~<j?t"- ~~'t)(AT.ER
01/20/03 15:11 FAX
"t::.I V"'"'
.
.
M. AFFIDAVIT TO AUTHORIZE AGENT:
PA c-_\..C ~l \ ~ Pi ~. P Q\\"~ .\..-.
~I..~ r;;A-S\ ~~O~~ ~\-.. ~\c. F\h~K~~ ~A~ . fJ _~'<).7d. I
~ vl\. ptvpeny ---.) " -r-
1. Thu (la"",- ...) ",. _81'(.) and ,.cord tRIe hokf.r{ II) of the folloWIng d8lIc:Itbed popertt (~ Of ~,.'llIaItIDn);
2- Th.' dW propertY QlItadl1me the prope!ty 10, wtIIdI . f1!.qu- for -= (daa1t8 mquasl)
Com pre hen s i vel n fill \{ e de vel (:' pm e n t [> r 0 j e c t: k now n a. s II J\ 1 u e w ate J: 19 1 e . "
3. Thllllhe unde~ (M.Jh.-) ~Intod and (dOGMa) -wolnt:
GERALD ^_ FIGURSKI, ESQUIRE
.. (~r) agent(.) to _cutB at1Y ~ne ()II" 0'111.' dQalm~" n_...., to ~ IUUlh ~;
3. Th.t thJ- .aflkt1Ml hu been ...cuIed \C lfIOUC6 .,.. CIly' of Clearwater. fIadda 10 _l6ar ud M:i nil the .bow d..a1bed prupJI1y:
4. Th.' Ole .,...."llKkl1~ __ "Imp~ ,.,. (Ilerb ..d ~ vaftIc. .to..) w1I t. pailJ PRIOR Ig IbD lMuanc. of II buIIdIn; po,,""
aalll\arlll af oca.Jpency. or attie, tMChanlMn. ~I'" OOQU,. fIrat;
s. ThIll aI\e '4Iab 10 d1e prtlpllftylQ flllClNlHfJ "" CIIy RI"..ntdvM In onIet 10 ~ 1ft" eppIk:allon IInd tt. _r 8U~" City
raprdlMllaII'- '0 v1etl.nd pholuV~h .... propMfy ch~lod In "'~ ~
6. That (11'-), Ih8 und.~ned ~. "."b7 ..f1tIY ttla' the follllJOlnlJ~' IIIICI ~
~C{A~--
'Oiiil{.r.......... ... ... ..... ...
~~ ~tf;;{
f'nlpel'J o.-r-
:~aTATE 0'6 fLORIDA.
COUNTY OF ~NB..LAS
a.fIlow me the under31Il"'. en omc-r duIJ c;ornmlutonood
.:r fI1v' . 2003
Depoeea IIfId -11111I., lief _ ....... I.Il I he -
!.: ~JJ.'~"~ MY COMMISSION' GC 866193
Mr comrnlN4oft E~: ~:.~.1! EXPIRES: Novembllr 30,2003
~r;:.:;;,~" Bonded Thru NotaJY Pubi" UnderWri\8lS
'II"""
_i
/1 1- ;, d., of
who IIItlMa beAn In. ~y .worn
~~~ -;4~-A----.
. Nct.ary Public
!rVf4nnlllfl o.pwrmMlMppIk;_don FomO.,..,...pm- ,.......\1.:'D% f\Hm.\cornpWla'lJ/\'l tnrJlt .""....,JoII ~(JD2.doc
RECEIVED
MAl{ 1 ~ lUUj
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ TarT - AwrtlDle Oavelopmelll Appll 1:aI Ion - ComprwlMnllYe Infal "-d__lopmant FtaJed- ellV' Df CI.elW,hr
01/20/03 15:11 FAX
"l!:I V" a
.
.
M. AFFIDAVIT TO AUTHORIZE AGEtfT:
?~C~oA\ l~t:::....~ \FLT\\r.l-
41. 3 r:A<.,\' ~\o o\..- ~ 'P\~_, C' \Q A~~ \c. '- ~~ 0~\ ) fl 3..:s'-:;>"?
(,..., of all ~ own.....) .
1. ThaI (I _"'^- 1U1t) \tuI CMnal'(a) and racurd tIlJe holdaC\',. of the following chec;dbMI pnlfMltt (~ Of o_r.IIDalllan):
,_ Th8' tt\1lI property ooostllutM \tie prop_'" l'ar wtwIdl a tl>>qua" foe' It: (..0I1be mqueot)
Com pre hen s i vel n f i 11 }{ e d eve 1 ';' ~ men t Pro j e C t k no'" n as" J\ 1 u e w ate rIg 1 e . "
J. Thill. the unde~igned (h_-'hllVW) -woltlted and (doa/:to) -wolnt;
GERA~D ^. FIGURSKI, ESQUIRE
.. c..........lr) agent(.) to _culll MY pdl\ana ~ ca.r doc.wn.ola n-=a.-y 10 ~ euoh peIIUan:
3_ naa'lhIs al'IId~ tua- ~ eJlIIQIlIId lO IrIQuCe the Cll)1 of CJundtef. Florida to consIcMf and N:i Dn tha abow ducrtbed prup!Wtl:
4. Th.. the ~nl .~.. ...' .. Impact .. (J:..rb ..,d recftlltlQII. (1dIc. -'D.) wII t. pU:t PRIOR to !be Illauanal of II buldn\J perm"
aa~ of OCQIP-'CJ. or ottIM' 1MClban""'- ~I'" OOClUra Iht;
5. ThIIt aile .-.. 10 Iho pJ'Dp'trtv In I'ecM.wy r.t C1ly ".p-..cd,," .. 0"," ~ ~ mla appllc:allDn and at. OIIIner .ulhartr.n Ci\y
...,......,~ 10 vi'" and phOtOg,.ptI... propMly deeerlll,lClln Ihl~ appf\CdOn;
&. --~...""........._.__.,......_~...- ~... '^--'"
I ~..~,...
-~/
I'nJpItR1 o.-r
:iJTAn O}1' FLORIDA,
COUHlY OF P\NB..U\S
~me the undeQtgIllld. lilt oIftc:ar dulJ oammlu\onGlCll1r the .... .of ltle ~ ~ thJa
'. J*aO"8J11 .~aftId .J::.:'tschP~ J j ...J (4 {' ~
Dep08l!ltl lU\d _,. 1n.1 I IIktnlllh81 heI~ ."tted.
I KATHLEEN ROBERTI~ '::;tfA ~
air CGmInIaalM ElcPIJu: :t. 1~ MYOOMMISSION II CC 8!i6193 mJ./pr- . -.
EXPIA~S: November 30, :!003 . . NcIarJ Pub
86lIdfd 111tU NobllY Public Undl."Wriler.
1
d.J at
who n-.Ma ,,-n IInI d~lIy .worn
171-h.
S:~lll' o.pMImMMppIIc_lon f'Otrrllttd""."."._r""'U :'0% ~.\cufn,.wl"~ "'rJlf .",.,.,,.,,. :lOD2.dlK
RECE-IVED
MARl ~ 2UUJ
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 7 r:1f 7 _ Ael.lDIe Oavmopment An"::allon - Co~. tnfll1 ~_.Iopmenl "'""J-d- CltJ 01 Cl..rwldet
1211/24/1213
17:3121
FAUSET BOOKKEEPING ~ 172744912111217
NU.l,:Jll
U'lQ~
,.' .
.
.
M. AFfIOAVn TO AUTHORIZE AGENT:
~~ SfJS4AJ S nrJfP~,s
)(
(~ of.1 pnJPeftY OMlOR)
t. "'.. (I ~ eN) "'. aM\et(a) .... ,.cor' uu. holdar(.) at IIIe feIIOwtng ~ pnlfIeltr (....... or e....'., I~on):
)(. i'7~ cAS r $"/h)A.t /)121 vG ~-~ ,
C l.G./Ht. iN~~ ~G.
2- n.a "" pnIpO", ClDltetllutee the """,a", fQr WhIdt . fIlqu", for << (......1lIqtIeIt)
Comprehensive Infill Kedevelo,ment Project known as HRluewater ls1e.H
3. Thai the ~~!I-) ~~ted ..~~) IW"Int;
GERALD A. FIGURSKI, ESQUIRE
.~bl.genI(.J 10 8lIIICUtIl Ill11 paIft!one M aItlar docurnanll ""tUIJ III ~ .ueta petIUon:
). 1M1 mI. alfd~ ....Ileen ........... 10 I..,... .. car of Clearwater. F10IIiIe .. -ut.t IIftd ~ 0Il1h. abow d.....d PIVI*1r:
7- .
'f 4. =:::=~::~==~:.:: =...... VIlIIc. -'0.) ~_~~ ~~_~.~_~ of. tMllkIng pe~
$. n.t ell .... .. dYe IIF11f18Ity ere MClMIWY bt C1IJ .."..."'...... In __ .., aw-I- .J1p/1l!11t1oR enlf ....~ ...lholtda e~
....,......~ to v1.".....~f!I:t..~ 1ft "'I, ~.;
. +,.._-_._..__.._~~~--:._-
......, o.n.t
~ tJr~a> STATE Ol'~ .
COUNTY OF fJ4NBJ:JcG c .c.a.1J. FIUA,
~... ,,. ultderlfgned. an oIIIatr.utr ~ ~the ....~rJJ or........ Oft lhIe .!j.q ~ .J~' dap ~
.1qD3. ~eppql'Od~ _ ~Oll"""~'"
Dep...... lIIId ..,. ....1 ...". fullV undltrItand. Ilia ......". #II tM .....,........... let ..... ...
'NIt Oommb...e.......: _J~./ ~ ~Mct
. . ~ ~ l"r~g . _ . ~~. '*b"'V:!!e
~--~
!t~"" o.p.tmlJlltlAHIk,,1Dn FomI~pm"" ,....laOOZ l'li1tMa\e_,-IlWUNw ""Jf1"'''~ .. .......IUCH GARaM
0l.~,",'18_
. -'MID-r - .&
n ~ ~~~~
/ JO /Z S ......'1~-1UIM
S~~
Oh- Mr-'
-
RECEIVED
MAK J I;j /UU.i
PLANNING DEPARTMENT
1"'1 I:AR\A'^J"ER
....,. 7 err T - AafDI. OIIwelopm8llt AppIlClllIo" - eo.........,..,.,... ~ev.IDpmenl AuJaGl~ O~a~ 'Onl"\
HALLMARK PUBLIC FAX
7277347459
.
01/1( 'U5 lU:~U NU.'~O UI
.
M. ~DAVrr TO AUTHORiZE AGENT:,,~,
. " ~ c L)..-..A.~ a cJ t1~-
J) Or} YJ.~/Ja(J
--- --",--
----' ~_....-
-...- -----
(....... CJf.II p;;;p;;y~)
.. n_ (1.mA- _) ",. CJllIlln.r{a) andI ,.cord laIe hoId./{a) at lhe fonowlnu ~ ~Itt (~,... ut gener.1loeIIIIon):
i.f7.!;' ~A5.; >H()I?~ P/<.) C!e.t:;r{,'l/I1.,!er /. Ft.
- --..-'--
~. TIlallft" pruyell1 q,n.\ft~. the prq>artr for wt'ACh a .-que.. for a: (..~ ~u..\)
CQmIHeh~n.siv:_p. Infi~!:.~elopml~nt L'roj.~ct kn(lWn as ")nut"wat~r '(sle."
GER^LJ) ^. l"IGUtlSKl. ESQUTRE
-.-.-- -.--.----
:t. Th..lhe unda....;gnedl (h.~--) ~'t\ted a~ (d~) 1iC'9O'"t;
......-_.
illill (~Ir) agen'l(a) 10 e)I1tc;\ltll any ,-.Ion. !)It ~r doc.umenla nlll>>._, 10 ~ euDt\ poeWon;
J. That chi. .~.~ 9\M been ~ \Ill ~ .. ell) 0( c-...w.r.,. flrmSa to 00ft."'" and aoct 01\ !he abave d..CJtbecS Pfopel1J:
.. nllt the ~1I1. .dlf1~" __ .. lrnped .... (pa1b .rid ~CklII. ~ .tOo) WIll t. p." PRIOR to lhe aeeu.nc;e of . buIldtng perrnl.
,.~ of ootIJp.nc:y. or ott.r fMCI\.n~ ~ ooou,. fIq(;
s. ThaI aM 'f'lIb to .... proplttv .... n~'''' '" L..., ~d\IIM In 0"''' to ~I OIla aflPllcallOn .nd It. --, _lhoI1aa C~
,.prwMClra~ IQ vl.ll ~ pl'lOtOUfllph ... prop-otr ...~ ." lh~ ~
5. T".. (.....), I'" "nd.raIg~ ~. ~ ..,uty fIIi' IN fo~ ill ,.... ...d ~
-~:fw
,..,., 0--'
STATE 0., noRDJA.
COUNTY OF ~NOl..AS ~
ror. me the u"dersfGned. ... QCIIcal dwlr OQmlrllaalof.-f by It. ~ 01... S\I~~. un lh.. / 6. . ct., of
. .:;J()D:? ~ePlJa..rad~"t1~~, .'1. 'KQ('{O /I. ..J:o.~ .>oItIon........,. ftr1I1 ~1..o'n
: ~::.-..... -'" -::-......- "'- ""'oM...- . /2 /J !-. /9/:-
~~H"~~ DALANROTZ f- ~~ '
.. '" {'O"~\I5i.',IO' . l'D .0.1621
''''o,.\''~ 1.,Plltr.-~' MJlr.hlb.Xl(lt;
!t"'-tnlll' o.pMrmartnAppIk.,Jon F _-.,..nMr ,.....11011% ~.Ic..". ~~ In,,,""""""'" :0/12 doc
t a:o.3 NO I Aliy rL ~--r...f~vicz a ~, Ire::
~
RECEIVED
MAK 1 ~ I.UU3
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 7 af T . n"lble Oawaloprnent ~JIleAlIO" Ca~"'y. ",fll ~_.lopm"ll ""oJecl- Clly 01 a.........
.
M. AFFIDAVIT TO AUTHORlZ~AGENT: /' I -n-
41C\ ~+ .r5(".6~-L JJr-'\"J-L. ~~rv..J"~
r?/l;C~ r;/I.y //11/'1';'Yfftid- r//I-?,
(........ of ell pnIP8f1Y own....) / r
1. Thill (IarMMi ....) l/'le ownet{a) and record We hold.real of the following deecItbed property (~O( generaIIOC8lltDn):
fb &-J-." 4==L
3 'fl b'1
2- That mil property CQOatIlutM \tie property tor wtIIch a reque.. ~ a: (daaCl1be r.qveot)
Comprehensive lnfill l\edevelopment Project known as "Rluewater Isle."
J. That the unde~ (hnJh.-) ~k\l$d and (doaldo) -wo1nt
GERALD A. FIGURSKI. ESQUIRE
a. (tQIlMlr) agen1(a) to eJllICUte ~ p<<IlIona Of' aUler docwn.ota _,..., II) ~ auoh petlUDn;
~. That Ih/- .aflldM t\IIa been eucuIed \ClllWJUce !he cay of Cleandter. FJoIfdalo conald.r end ~ on 1M abow detatbed property:
4. That the IIPIJIk;IInl .<*I1~" ltIIlt .. Impact ... (parka end NaHtIoIt. vaf'Ic. ato.) ~ be paicl PRIOR to &be IMUance or . tKJlIdIng permit.
celtiftcnl of occupancy. or otMr lMClI\anllm. wtlIch.-r OQQU,.1ht;
5. That... vltb 10 tho proplIrty Dr-. n&eN.1IIY b)' Cly reprw.nta"Y'H In onIer to ~ lit" applIaDon and U. 0IWl'IeI' .ulhorQaCIty
..p~"" to vlell.nd phOlograph ItIe p~ doeerlbed In IIII!, ~pIK;aUon;
6. That (lIww), ... underaliiJnod auttlority. ~ &aI1IIY that the foregoing. InIe __ 00f*lL
~~Yf
....
PrlIflen1 0.-,
STATE 011' noRmA.
COUNTY OF ~N8.l.AS
Be~ the U~erslg.~. an omc.r duly commluloMd ~ tt,lp I~' 1M Sf.- of.~ an Ihle
II!. . i;(()~ ~ ~eppewed -'!:It/,IC ' '~.I-
0ep0Mll and _p. thllt heI."" fully undlntarnk the ~n" 0; thill .1IId."jt dfel ""'.~.
My CommIMloft Ellpl,..:
SHARRON L SElBERTH
MyNolaComm'Y PublIc, State of Florida
. Expires Oct. 28, 2004
rP/1/t de, of
wh6 hevlog been flnt dUly .worn
~fl~~ Wtit(Il
. NoUiI}' PtlbHc
~1Ifq/1r, ~mMl'\Applk;"lon Fcmo""'elDpmen, ""\1
MINe Infllt ~l6Iio11 ~(J()2.dO(;
Sl~ '\'t{'1-
~t~
RECEIVED
MAR 1 B LUU3
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 7 at 7 - Ael(lbl. DevakJpment ApplICatIon - CornprWten8ly. ,"fill ~-.Iopm.nt AuJed- CIty 0' 0..,....,
M. AFFIDAVIT TO AUTHORIZE AGENT:
CAvr \ T. tl
(~of all pIvpeIIy ~)
1. That (I am/tMI ...) t.he own.r{.. and rwcord tRIe holdw(e} or the following ~ prope/tt (~ 0( o-'lllloc:a4lon):
'-{1, t <<. of 5 he> 1'e- Q r>..tL c Gl ~r w.....-k-,.. e.y.cJ... t '~L. .J.3 7"7
l
;l. That th18 property CQn.~ ttJe property for whICh . requ-.t for -= (dalorlbe r.queot)
Comprehen.sive lnfill Redevelopment Projecr: kno<Jn as "Rluewater Isle- "
GERALD ^- FIGURSKI, ESQUIRE
J. That the unda~ (h.~-) IIppOkltod and (doe.Ido) IlppOlnt:
a. (~If) agent(ll) to eJQICUtII any petftlona or ather documeola nec:aIUly 10 IltIiaet auoh peUUan;
'). Th.t IhIt afftdM haa been exaculed \0 lMUCe !he CIty 0( Cs-rw.tor. Florida to ~Id., and KJ 011 1M abow dHatbed property;
4. Th" the IIpPlIcaot ackl1mrtedg.. &tI1l1 all Impact fuee (pam ..,d NaHtIorI. uaftIe. -'c.) ~ b8 paid PRIOR to the leeuanca or . bul/dlnsl perm"
oortlllclJtlt of occupancy. or other lMC.1hal1lem. wflIchevw oocu... tht.i
5. That lite vtlb 10 tho proptrty 8f'Il nec.N.1IIY b'f C1ly ntp_ntllfwe In onIer tD ~a t!l1a a;JPIIeanon and U. owner _Ihoraa C~
..~..~ 10 vlett and photogrwph I~ pror-tY doeer1bed In lhl~ ~.;
6. Th_ (1'-), IIw undors9nod MJIt\ority, tt_by aw1If1 ttullltIe foregalng illNe MId ~ C..v/ /r't/
..-..--' -';,
/: /
.~' tY
PrapeYty Olwn., ~/
f . "_. -- - --.-
PI1IpeI1y o.n.r
STATE 011' I'LORlDA.
COUNTY OF ~NEli.AS
~,re 7nd.rsIg~. an olftCBr duly comtnluloned by ~I- of the ~ of ~. on this (:.1; R.l 77 Ll'y day of
. bl . c!I.. 0 0..... ~ appttMDd _'" YJ Il L L.-L-- ..mo Ilavl~' M<ln lint dul)' .wot"
OepONS IIIId ..,. that heI G) 01 (tie ....nIt IhIlt he/-"- 8lgned. ~
My commlN4on Elcplre.: ~~~~ I ~A'l ~~
My Comm. ExI*8I Oct. 28, 2004 Notary Public
Comm. No. CC883S7i
.
.
!t1R4rm/"11 OqJMfm_tlApp/klllon Fomo.,drlv-elrJpmen, ,.".,..\300Z ^,"".lcr1nJprwhWl~ /nrJ/( 8ppIJc1l1on ~002.dDC
q~1 ?
.~ . j
RECEIVED
MAK 1 ~ LUU3
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 7 of 7 - AMICI" OevGlopment AM>llcaUOIl- Comprehenllve ,"fal "-d__lopment AoJed- CIty 01 o.llrw "'.,
M. AFFIDAVIT TO AUTHORIZE AGENT:
Ch "i "'''I\,+:t-: OUAlt~~ Vl\.t~ I .J.. (\ <-.
(NtIma of.. ~ 0WI10I')
1. That (Ia"",,- an) U'ut own.r{.) and recurd lllIe hoId.I{a) of the foUowlng dlIe<:rIMd propeltt (~O( o-raIIOCllllon):
~~r~~~u.J,~~~ 3311.1
2- Tha' thla propel1y CQnatItutM the property tor which . requeat for a: (deaarlle mquHt)
Comprehensive lnfill l<edevelopment Projecc known as "RluewateI:' Isle. II
GERALD A. FIGURSKI, ESQUIRE
J. Thill the unda~ (he-'h-) -.ppolnted and (donldo) ~Int
.. {11IlIIlM1r) agent(a) to .,..cute IK1Y J*ftlonl (JI ather docam.nla nece...., .., ~ _oh petftIan;
3. The' thl. ....avtt baa been eowted to lMUCl61he CIty 0( C\eJuwatM. F10rlda to cqnaJdoef _net N:i on tM above dHatbed property;
4. Thill the IIpIlIIcanl adl:omwt.dgeS !hat ,I mpad.... (pam MId recnelIol1. vdIc:. .to.) WII be pIIid PRIOR Ia the lMuan~ of . but/dIng perml.
ceAlnc:* of ocxvpenq. or otbar med\anllm. ~ ocou,.. tbt;
:5. ThIll... .b to tho prDpIIrty .,. "......wy b'J ~ ~ntaWH In onIW to pntl>>d mta ~non and U. owner _1hOrtUa C~
~ 10 vl.h. ~ photograph'" Pl'OJMlIIY doaedbed In Ih" ~.;
6_ _<-I.'" .......",... _. -_......._.._....~$
Q....:;> t'e ~ ...
~ C~
PrupeIt1 OoIwner I
-- -.- ....-
PropeRJ o.n.r
STATE 011' J'WRIDA.
COUNTY OF ~NB.l..AS
8eJoot me the undersigned. an omcer duly commluloned by the I.- of 1M ~ of~, on Ihls d.y or
~.ppe~ whl> II~ beAn .., cIUIy .wom
OIpONS IUId _)I'll tnat heI.he f\a11V undeBlaod. the ClOI'Mnta oitne .8Id8Ylt Ihlll he/-'- algned.
My commlPlon ~.:
NlU'Y PubHc
.
.
~1If.uJ/Jrfl ~m_'lAppIk./on Fcmt.,drIv-topmWl' ,...,..\200% ~.k_prw/I"'J/VW /nflll"""alloII ~002_dlK
RECEIVED
q,1C\ ~ ?
MAR 1 ~ iUU3
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 7 elf 7 - AeJtIDt. Developmen' ~Iblllon - Comprehenll.,. ",.a. ~_.Iopment A-oJed- CIty 01 ae-...,
FEB-26-2003 12:15
clear vue inc
.ariane Fel'guson Ciw
727 725 2216
p.3
Mar 04 03 09:50a
.
p.03
M. AfADAVIl TO AUll40RIZE AGeNT:
~~'-'ld.=.O C.Sl.Wv\i\ i ("f s
(~ fIl..IJ"PI'W-.wn)
1. 1MI1l ~ .,.) \rIe ~ oond ~COIlI. ~.t(.) ~1Jlo ~ ~~~ (~~ g_..lIOCl111~):
~+ r ,,~
Cl.u.,f"W'~ 6.u-J- 1 (.
;!. TIlAI ma pc1lPV~ ~ \M P""P~ tot.......... .~.. JOr to: (........ ~
Com ~ehen~ive Lnfill Ne4evelo ~ent Pro'~ct knQ~n as "R\ue~ater Isle."
3. n..liM u...~ (!uoJIIlYW) ~ted ./oll (d~) -woklt
GERALD ^_ fIGURSKI, ESQUIRE
.. ~ -oen!Ca) 10 ........... .tr"/ ".....n. .... dIII.r dg(JUII-- .......,... .....-s.... poMIon;
3. That IhIa aIMM IuIa --. 4IOGJ\Illl m ~ 1M c.r 01 ~'. FIoo\SIIIo w>aW.t Md ~ M _-!>ow "..","d pt~;
4. nm VI' ~ adu>...-c&aU ..... .. ~.... (patlta..,d ~u.Ik...tOo.)...... ~ PRIOR 10 !he 1Mu~ {;(. buIIcIIIB9 ~
~... ~,,__...,.'" OCl\IIoI"lMCll\alllll1L ~ &W:ll'Uft lnC;
~. yW ...... kJ \hD PfIlP'IrtJ _ ~..". bta&rcep..--..... h .... III ..,-.'" ~Il at1d ,.. -, -~ CAlf
....,-sa.... to v1..1J1d .......ph _ ~ --'*' III ...., ~. '17';
Ii. ~ lU-). IIW lIftlMnllllIOC.-.,.. "......,............. foreoahl ia
......- o....r
STATE 0", ft.ORJDA,
cooHtY OFJIl.NB:l.AS..
~~'"' 1he. JIIIlM~ l1li elbrdwlr 1lIJlIll'\\~.?}r .... of'" I5IgI " ~~.II ilia ~ 2'7/1 'de, ~
"}Jj lc Jj. _.,100 ~ _ ~."..... Ul1> <:De':> Ii /) LN 1F:fl.S _~lIi1WlG"'Il"'I~ tlMIIlI
~ .... _~ UMI tapda l/>e ~ artM ........llMfw........
,.,.. ~""'Iii SHARRON L SB~! {,TH
NQCary PublIc. S1aI8 r . .~
My eon.n. Ellplres Or. . mo.
.4khJ ~~
. IIcbty ~
~W?_,.,. .",...,b %'V~.d_
~\I'WUJ" ~..nA~-.wt~~-~
~ SH~.RRON L saeamt
,.. . \ .Nui,:t"t Y~'. StzIII of ~
.c..;~ $','~ Oct. 2B. DAn
~'...'_' ,." ..~1\. Exp\r6S...............
..-~? C(;;n.'lI. NO. CN-...
RECEIVED
MAR 1 ~ 2003
r.ge 7 ~ 7 _ AIo<IU Olw.JlII*Il ~1Qft - Co~..1lI11J ~av.........J?~EI?ARTMENT
CITY OF CLEARWATER
Lt~~
~
~
J
.
M. AFFIDAVIT TO AUTHORIZE AGENT:
--Pe--l-t r k S~ 1'\
(Nemas of aJl ~ ownora)
I. Th~ 0 a"",*- arw) It>e ownafta) and reand We boldal(a} of the fono...lOll ~ ~rtr' (~O( gtme.ar fOQtfon):
4'1<) s+ 5Lwc.{ l~
Cl~rWJ~ (!;.~I {:...... 3J1li
1- That ml8 pnlpftll)' CQI\.utut&. the property furwNdl aleq_at for a: (dallcrf)e fBqu_t)
Comprehensive lnfill Hedevelopment Project kno,",o as "Rluewater: 191e.rr
3. Thai the Unda~ (h8.,1h_) ooppok\tod and (dOMldo) ~Int:
GERALD A. FIGURSKI. ESQUIRE
.. (hlsltb.lt) Agont(a) 10 "-Cullll any petIllolla OfT oItler docum.ota nec:a....., II> ~ aUM petlUon;
:1. That this. atIkJ&\o'It haa boen exacuIeld \0 ~ tho CIty of ClearwJrter. florida to C:OOald., and ad 01'1 Ih6 .bow d"a1bed l>roP6i1y:
4. n... !her appIc:ant. ackoawt.dg.. th.t .1 mpact ...... (parka and Na'MfIorL nmc. do..) w1I ~ paic! PRIOR to thCJ 1Muanc. of . buffdIng permll.
oarttnc:.c. of OOCUplll1cy. ~ ottwI moochanlsm. ~ 00Qu,.1InIt
S. ThaI ... vtab to tho property are O.cAll_lIIY bf ~ C'Op_nt~ In order III pnx:.ea Dlla appIIc:anon and lb. owner. aulttor1aa CI(y
,.~~ 10 vtatt and photograph.... prop.dy doKl1bed Inlh'- appIicaUon;
.. .... (.....). ... .....- _. -...............- ~ 'P- '-----
~r
Propen:y Owner
STATE OF noRID~
-
..~)
COUNTY OF PCNELlAS
/!jbe1fl 11 undemgnMl'. !III omc... ""'y oommlaae by me ra.... of !he Slal9 of ~.)Dn Ifll.
11 . 0206~ ~II')' afJPellfGd ~fF~ Lfj- ~}.5 ON
DepOSfta ..;.., -~ thllt heI-". tully wdoBlAnda the ClOfIIen.. 01 the -1lIdavk ItlaI h.I.". algned.
My eomm....... 8.pba.:
Iff/!
day of
.....6 1l-.rl1lG ~" hi dUly .wom
~1otJ :ZOa2.doc
MAK ]. ~ LUUJ
~g:,GJ~::~l
~ 7 of T - ~lol. Oevctopmonl A.M>lIcaIlon - Co~. ""111 ~-.Ioprn.ol Ru}ec:f- g 01 a....",..
414
~{
-~---------
RECEIVED
M. AFFIDAVIT TO AUTHORIZE AGENT:
~td. ~Yh.~ i'\t r" ~ a-~ l r~ IA. i S
('*'- of.. property _....)
1. "". (Ia""'- ...) Itle own.r{.) and ,.cnrd We hoId.f'(.) of the following deeoIbed prope/tr (8dctrwa8 0( V-,.I ~Dn):
41 <1 24)+ ~orc.. D r~v<-
c.lUrw~n~ J1-~ I ~ .1:!1b(
2- nat th18 property c:on.utulM the prop.rty rer which a requeat f<< a: (~ClIh mqueot)
Comprehensive lnfill ~edevelopment Project known as "Rluewater Isle."
J. 111.. the urtdaniQned (hll-'h__) lIJlPOlnted and (donldo) ~Int:
GERALD ^_ FIGURSKI. ESQUIRE
.. (tQIlbelr) .genI(a) to ~te MY petftlon. or alfIer docum.nla nK.8...., III ~ .uoh peUUon;
3. Th.t Ihl. ....avtt haa been .-cuIed to lMUc::e tho CIty of Clearwater. F10rtda 10 c:onald.t and N:t on the abow d..atbed property;
4. That Ole eppIIcIml. .c;kI1~ ItIaI alllmfHld .... (p.rb ....d ~ ItIlftIe. .tc.) wW be paid PRIOR to tho 1Mu~ or . bulldtng perml.
oe.unc.c. of OCWPll/1CJ. or ottler med\anllm. ~ ogw,.lht;
s. That ... .b to the pnlfJ8rty In net-Q.wy b1 c.y ~nt"" In onfW to ~ IJt/a al'Pflanon IInd the owner _Ihora. C~
~~ 10 vIIlt and photograph... proP-d1 doecdled In III~ ~.;
6. Thill ("-), IN undera9nod ~. "_by .-1lfY that the foregoing II bue IIItd 0DfJe0t.
~ ()ofwner
~ o.n.r
STATE 0]1' :rwRIDA.
~~#/
=~
COUNTY OF ~NBlAS
Beb1r me the unde~ned. .... oIftCllr dull commlMloned by the 1-. or the ~ of fIIoctde. on IIIIs
. ~.pPAllf8d~.
OepCllMlll IIIId -11' tha. ,*Ith_ fullV undeB18r1d. lha ~.. 01 thlll aftldllYlt III.. heI.he .Ignacl.
My CommINloft E~pIN.:
dllJof
who havtno "'n lira. dUly .worn
- Not.ry PtlbHc
~~/lrll """'m_flAppIIc<<Jon Fotm~""ptn...r ~uooz f'onr..lcont,..tl"u/t,."'rII .".,.,1OtI :too2.dlK
A'
D
~ [015f
RECEIVED
ct'1i\ 1
~.
MAK 1 \:1 2U03
-------
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 7 at 7 - AMIDle Development AppllCallon - Co~e Jrlfal ~_.lopmWlt AoJ-:f- CIty 01 C1..rw".,
.
.
M. AFFIDAVIT TO ~J~~GEN:. $b~t1"J
(~ of.. propertY ownera)
1. Th.. (l.mAMa a1W) the owner(a) and record IIlIe hold.l(a)of folloWIng deeotbecI ~Itt (8Cfdrwaa 0( o-raIIOClltlan):
""\ t~ ShOt!. V"'~1I4
C.l~('W~~ C>~I ~'- ~~1b7
2- lbal thla property Q:.lI1athutM 1M prop.rty tor which a reqtlttd tc. a: (daaet1be mquest)
Comprehensive Infill l<edevelopment Projecl: known as "JHuewateI" Isle."
J. Thill the unct.RiQoed (h_alh.-) -w'lk\ted and (doesldo) IIWOlnt;
GERALD ^. FIGURSKI. ESQUIRE
.. ("""'Ir) agenI(a} to ellIIcuta tmy p<<tiona ~ other docwn.ola nec8...., 10 ~ .uoh p.tllIon;
3. That lhIa a.ffdM haa been ..-cuted \0 tMUCe lhe ClIy of Clearwaler. F10rtda tv ~nt.I.nd IN:C on 1M abow d..a1bed pwperty;
4. TbMt the IIpI)Ibml. 1Ic;k"~ It\Ill allmCIed __ (parb ....d rea'HtIoIl. vaftIe. MtCo) WII t. pm PRIOR to tba lMuance of . building perml.
certllclQ of 0ClCUp8l1cy. or otbaf' IMOI\anllm. ~ occure tnt;
S. na.t... _b to tho property In PKAAI} b'J ~ ....nt...... In order to ~ IIlIa appllaUon and Ill. ownar aulttortu. C~
ra~U- 10 vllll and p~raph ttIe propedy doeCI1bed In 1II~ .............;
6. n. (1'-), tIw unde~nod .u\I'Iority. "_by ~ dull the foregoing ill
STATE OIl' J'LORIDA,
COUNTY OF ~NB..lAS
~ _"Jt' 1Je Unde~. an omc.r duly commluloned by the 18w_ of \he StR or ;t7J.' an ~
~ ,,,(ltJ ~ .pPe~ (,J /LL./ItPl -r6 .<)0
OepOMS IUId _~ Ina' helahe fdllV undeBla~ 1M ~. oIlhe .Md8Ylt .hIi helP .Igned.
My comm..... EkpIN.:
A. ... SHARRON L S8BERTH
'. t4""''''
. . it< ~~ J PublIc, SlaI8 of FIorlda
~,..::../ My ('.amm. ExpIres Oct. 28, 2004
- 1rlf- ...
.'.. ._-
whb l'Ievtng M-n ... dUly .WOril
~~.
-NoCary Putlllc II t4:b6
~""-rI"11 ~m_'\AppIk;_Jon R1m>""'''''pm_r ~l2aoz
.
Inr/1/ .""tJGallon ZtJD2_dtK
RECEIVED
MAl{ 1 ~ 2UUj
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 7 rrr 7 - AuJDIe OavClllopmenl Aj)pJ~lon - Comprwbwt.". ..,flll ~alopmeot AllJect- CIty 01 CI_rwal.,
.
.
M. AFFIDAVIT TO AUTHOT AGENT:
. ~Tt;;r Yh J-,
(Nemes of .w pRJPlIItY -::JJl
~lVY/L)
1. ThM Oaf'/\ltoM aIW) tt-e OM'l6t{a} and racord
.At!
of the following deecrtbed propertr (~ ex o_rallllC8ltton):
~
'1.. That this propef1y OJOslftutM ttle proparty for wtIk:h . requnt foI: a: (..ortle r.quast)
Comprehensive lufill Kedevelopment Project knoun as "Rluewater Isle."
3. That. tM undersigned (h.aIh....) .ppoklted and (d~) ~Int:
GERALD ^_ FIGURSKI. ESQUIRE
_ (~Ir) agent(a) to eJQICUb
rtbed prvperty;
:l. That this af'I'dlNlt I\IIa been exac
4. That the IIpIIIIcanl adtllawle4gel
DS~ of OOCUJIIInCY. or ~
luanm of. building permll.
5. That ... vt.b 10 tho property 8f
r....~-- 10 v1att ~ PhotoU..~
lIllJl1aa CIly
6. ThIll <V-), Ifw uf\de~ned aucl. -#.... o.
.~.
....._."...-.\iO~ .
,.,..., o-.r
STATE 0,. J'LORmA.
COUNTY OF PINatAS
My CGmmIaaloft &ph.:
!t~I"11 o.r-r"'~'V4ppllcflfJon Fom>~alDpmenr ,...,..,UDOZ f!qnn.1c_~ In", eppiIoatlots ~OIJ2.doc
RECEIVED
MAK i;j lUU,1
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 7 af 7 - fltDtJDIe o-aIopmMI AppJIClllIon - ComprwhMllYe Inflll "-dev.lopnwnl F\'aJed- CJty 01 Clea".,...,
.
.
M. AFFIDAVIT TO AUTH.ORIZEAGENT: i../ /".
P 11 L /C;>,J {J..!1.~~} '-k!/t:-,
(~ of.. propertY own.-)
1. "'at (I ~ _) Ute ~.r(a) and re~rd UtIe holdal{.) of the foUowtng deIc:l1Md prope/tt (addrwaa<< o_r.IIOC8lllan):
~ ~ Sh.>fL Pf~. c. #rJ
( r ~ ~~--4;h. r~ 331b1
2. lllat thl8 property alnsUlutH the property for wtIIch a requnt for a: (daliClltle ~t)
Comprehensive Infill Hedevelopment Project known as "Rluewater Isle."
J. Thallhe undeBiQn6d (h.aJhllV9) -woh\ted and (doe.ldo) IWQlnt:
GERALD h. FIGURSKI, ESQUIRE
.. (tIIsIlhelr) agent(.) to .,..cut8 ~ p<<lllone C1' ottIer doc:uman" n_...,. to IIflIoet _oft peUUon;
'l. Th.t thla ....hft .".. been exacuted to lMUC61he PlY of CleanRter. f10dda to c;onaldet end .0 on the abow detatbed pwperty;
4. 'That "'ellpPllcanl adll1owt.dg.. It\at .Ilmp~ ..... (parb ....d ~tIolL vaf'Bc. .to.) WII N pm PRIOR to the lMuanat of . building penn"
QO.mc.t. of OCQIpancy. or otMr m<<d\anl8m. ~ ClQOUfI nr.t
:5. ThIll aItI.b to tho property .... necNHfy tr( Cly ntp_ntdYM In onIW to ~a IJlIa ~1Ion and ,II. OMlOr _1bOI1Ua C~
.....-n~ to vl.tt PIS photog,.ph ~ ~ doeerlbed ., tJ\1~ applK;:a\ton;
6. ThaI (1fww), 1M underalgnod lI\JI!\ority, ~by <>>f1Jty "'--I the foregolnA--. ~0 ~---J
~ OWn.,
~-- - - ~_. - -
~ o-n.,
STATE OIl' I'WRIDA,
=
COUNTY OF ptNB..J.AS
~ me the unde~ned. lIII QCTIcar dulJ oornmlu2 it. ~ of the SIat9 of . an lhlt
~AU. ~ .,...",..iryappa.red .lit /'J)4f1tJ'{t;. f5, 0+
Oepottea IU1d ~~ Ih~.h. fullV undoralallds I'" ol th8 II!IpdIlYlt II18l ~ .Ig .
p"~-n(V H(JfN'7,-Hc- '/1.
Ny cammlNfon Ekpl!ll.:. . lIv
"""" William L. Johnson
A~>!'.T.P'u...~\ Commission #DD 1 SS II S
~~.. :..-;~ . Thn:
~~/", ~ma/t'''~ F</mII _.&l.uIlC1i"::..,~uooz f!om..lcOl7lpnl/WlJlV-.In,,, -.,10/1 ~OD2_dtK
"'11\" At a~hciJo""rfalng t.:o.-~.mc. ."".-
d.J of
1 !July .worn
RECEIVED
MAR 1 ~ tUUj
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 7 a( T - Ael(JDI. OaYeIopmonl AppllclIUon - Comprwhwtlln Inflll ~.Iopment RoJed- CIty 01 a..rwlll.,
2- Thai thll propeRy CQnItJlutM ttJe property tar WhICh a requ.-, for II: (dasOllMt llIqVHt)
Comprehensive InfiIl Redevelopment Project known as "Rluewater Isle."
J_ Thill 1M unde~ (h.aIh~) tIppOll\ted and (d~) IWOlnt:
GERALD ^. FIGURSKI, ESQUIRE
.. (Nenhelr) agenI(a) to .,..=18 IIl1Y ~na Of alMr docum.ola nec:a...., to diaet .uoh petIUon;
:J. That !hI. aflId~ I\aa tIOen ~ to II'CIUClelhe cay 01 Clearw8ter. FIorldalo ~ and Kt on the abow d..atbed property;
4. Tbd the ~nlllc;kI1t-WII" 1M' .. mpad ..... (pam ...d rea'HtIolL wafIIc.. .) VI1II t. pUll PRJOR to the lMUanCII of . bulldlnSl perm"
aSlun~ 01 occupancy. or ~r ftI4KII\anLtm. wtlIdwr<rw OQQUratnt;
s. That lite >Mn:. 10 tho pnlpItrty In f'KM'lIIJ by Cly repNHntaw.. In 0"'" to ~. DtIa appllCllnon and at. owner mllhotldl C~
f8pmlClr.bluv. to vllII.nd pJtotoV,.ph ... propMty do~ In lh" .,pIic:aUon;
6_ TtMlt <V-), ... ,,"deralgnod ~. ~bJ t*1Ify "'at tl1e foregolnv iI
STATE OIl' noRmA,
EM me the urtderslgned. an oIftat( dvIy oomm41- 0
" ~ Mod
IIIld ..p lit heI.ha fully ~fId. the . oithe a
2 0 dllyaf
who havlng bMn lint 9UIy aworn
~
COUNTY OF PlNEl.U\S
RECEIVED
MAR 1 ~ LUOj
PLANNING DEPARTMENT
C'TY OF CLEARWATER
~ 7 at 7 - Auf Die Oevek)pmenl AppJlCllllon - Compr.llw1-,,,. ,"fll. ~_.Iopnwnt AoJed- CIty 01 Clnrw.r.,
01/20/03 15:10 FAX
.
e
(N~ of.. pruperIY _....)
M. AFFIDAVIT TO AUTHORIZE AGENT~~:-e
'/;:0,"
,/0""/ .../ 2,
I. Thai (' ~ ~ u-. own.I1~) ~nd ,.cord tA/ft hoId.r(II) of the foDowl~ cJelIc;IIbed propeltt (.,dNaa ~ oen-ral ~IDI): _
/7:0 //I?/A/>~;rz//? /?L-:, CL-?/1~4/L% :;:"-:::"~L_ ~S47
? /1 ~ /30 t-G-R /~ 0 /~;I:. 0 aJ ,:> t<:-.~ , ~)G 75 ~ 0;-
,_ Thai thla property CQII.ttlut8e !he PRIIla/ty tor WhIdl a fIIque.. ,. k (dnatle mque&t)
Comprehensive Infil1 ~edeve~?pment Project kho~n as "~luewater 191e."
3. Thai Itle Undenrigoed (ha.Jh.-) 8pp01C\ted and (doeW:lo) -wv1nt:
GERAJ..D fl.. FIGURSKI, ESQUIRE
.. (NemJe1r) agertl(e) to -=t11 any pdIlana OIF ather documenla n__.JUry II) JItIIIId euM pelIlIon;
3. Th.' this aI'ld.~ him been _CWld ~ 1IICJUC6 the 01)' of Clearwllter. florida \9 gone'" and Ki Oil Ihl.bow d..crtbel1 property;
4. That DIe ~nl.ckllowt.dgU ... aK lmPad 110M €I: arb and rea'H1Iott. vatIIc:. atc.} d t. pmd PRIOR Ie tba JMu8l1Cle of II bulfdln9 perm'"
c:e~ of occ:uptml;J. or Gttwr IMd\anllm. ..11<.......1... OlXIUra fbt
s. That.... .b to tho property In (llCMRrJ lit ~~ l1'II"''''dYM In ~ tv ~ mla IppllOItlon lInd It. ownor aulhottl;ea C"Y
,.~ 10 vtell_nd p~nlph .. prop-rty dala1ll,1d 1ft lh'!J .ptil:dol\;
6. Thill tv-), IN undersigned ~. t.rebJ E8I1Ify "Ialthe foregoing iI ~
.-- ~ .
<-. ~ect:.D
~o..n.,.
P'nlpef11 o.n.r
;!JTA'fE OIl' n.ORmA.
COUNTY OF P\NBlAS
J ~ 4"-. dllJ or
~ IIl1Vlna b.-n IInI dUly aworn
Ben.. me ,hit und.~g"'. en omcar ltutr oommluloftlMt t'W' &he Ie_ of the staIw of 1"IDdcM, on ltd.
'SP\IWAJl...( . """2-0<>'),. ~IIpPIMad ~.lli!i~r- -\- f\1~ Vl>L\~;~
0090NlI1Ind _111 IhRt ".h. ftllI)t undetItAfId. I'" COI1MIIla d tha 1I11davlt lhil hellIw 1JIgned.
Mreamma-tan etcplra.;'~~f.'{~~ .'-' Diane IIwin ~ ~
~?;' e~ -.{s,:,;coIlll'.ilisz!on Y7 DD D5SSt13 - NlUJy Public
s.~p,Tlil}~~ n::ph-o;s Sep. 10. 2.005
,.:?:~.~;:
......, Of tl: \;" A'f' . B' ' .,
"""." ,,,,,antic ondlill< Co.. ,",-
~"'-'''1I OIIpMfmMll\AppI/<;_lo11 Fom>ftdrW-iupift.;r'~a tr1Z r\>m..k:~wub InrJII eppDoellotl :tOD2.doc
RECEIVED
MAH 1 ~ LUU3
PLANNING DEPARTMENT
CITY OF ClEARWATER
~ 1 r1f'1 - ~ltll. Devlllopmen' Applll:Jlllon - Camprahen.". Inllll ~alopmenl AuJect- CIty 01 Oe_lII(.r
01/17/2003 15:40
727-443-0153
JOHN DORAN
IH~c.. u"'-
.
.
M. AFfIDAVIT TO AUTHORIZE AGENT:
_~ schutzerdorf La.OO Trust dated Auaust 27. 19~9
(....... ;i..~ ownM)
t. "".. (I"""" __>> !he CNItl_) .... recmd We ~.) af UMI to...ng ~..../tt (..... Of ~ 1eCIlIlon}";
Iot5 One ( 1). 'l\<<) (2), ;md rrh~ n \ in B 1 OC'..k liB" of 'RhRJn:JB ~
SUBDIVISION, according to the map or plat thereof, as recorded in Plat
Book 23, Page 45, Public Records of pinellas County, Florida
~ TMt.... ~C'Y ~ \fie......, lOr..... a tequ. tot -= (..ClIIIIe ~
CON.rehenaive lnfill Nedevelo a.nt .ro'.et kno.. a.
"J\lu~water Isle."
3. ........IM U~'.-Q~ ("-"'__) ....Ift.... ~ (~) 1W91nt;
.. (...,....,. -.nI(.) 'Q ~.. .." .....ne 011 aMler doanenla -..-y .. ...... Nloh ,......;
GERALD ^. rIGORSKJ, ESQUIRE
). 1I\a' IhIa ~ I\M tleen ~ .. ~ ... CIIr of~. ~.. GGft""" IIftd N6 olt N.... ....CItled pRJPMtr.
.. 1'Mt.... -Al- ..IL dn-.............. ~.... 911l'1a1...d *"aIr1. watk ..) WII- .... PRIOR 10'" ~ of. buMn9 parmi.
..... gf~. or ottwrlMCNftlem. ~ ~ tInlt;
S. Th.a 1M .blD the ~ ... ~ bt a:r ~....,.. In cmIW" ~... an- OIl ..,..... .... _lhOrtEM ~
,...._...... to Ytalt.........,..,.... ~~ In "''' ....,1i.:.AIDl':
15. l'bII ~). ... ""deralgMd ~. ..., rMIf't"" .. to,..... · ..... .... ClIf*Il
stee
Alig:!lt1aY Clout~er Sch
Pnpeftr .,..., schutzendorf Land Trus
STATE OJ' noRmA.
COUf'TY <:iF ~NB.L.AS .
. ff..~"
.sF .,. undefllllnMI. en omc- dtIIIr oum....:m '-t~ ,.,. of ~.....," .. cf8r of
~ . ?a;~ ..._.-II1eppHfWd . q, I~ OU1j, \c.h'Jf?,.~ ........,...,nom
~ M1II1tMhaIIh. ~ ~ 1M ~..... heI'he~' ~
....,........_, ~.... c_s..... ~4~~
1....;-'t"-) My ComrniISIOII 00150032 '. NlUry P\lbllc
...., Expqt 0dDt* Ie. 2000
~~ "","'_flAPfII/CII/oII AlmI.v..-.......... ,...,."UODZ """".'IutnI~"''' ."...,,.. 2HV'IIC
RECEIVED
MAR 1 ~ 20U3
PLANNING DEPARTMENT
CITY OF CLEARWATER
r.u-1 rtf T ~ Aafllle Ow.topm..,' AnllcllllOn - Co"",",*,,," Wb ~.lapm'" flIIaIed- catr at a-rw...,
M. AFFIDAVIT TO AUTHORIZE AGENT:
~c, M~ t PL--( (....J-. ~SllA-..
(~ of all propertY own.....)
1. 111.. (I arnJwa ..) \,he ownarta) and reOlrd title hold.r(l} of the following deecItbed property (eddrwH 0( oenerallllClllon):
4A-'\ ~t 5h,r<:.. QrlVu-
2- That thllt pmpelty conatJtu1e1 ttle PI'llJI.rty tor WhId'i a requeat f<< a: (describe rwqueot)
Comprehensive lnfill l<edevelopment Project known as "Rluewater Isle."
J. Thill the unde~iQned (h.aIh.-) lIppOh'lted and (doeslOo) IWOlnt
GERALD ^. FIGURSKI, ESQUIRE
.1 (hl4lJlbelr) agent(a) to .,..c;ute IIfIY pMIIIona IX other docum.nla n_.~ to ~ IUot\ ~;
:). That thla .I'\d.-wtt tyaa been enculed to ll'O\lOll tho City of Cle.arwster. Florid. to c:qn.~, and .ct on thl .bow d..a1bed property;
4. Thlt the ~nl ..lOkl1~" tha' alllmpad fuel (pam ..,d ~tIo". uaftIc. atc.) WSW t. pail! PRIOR to lhe lMuanca of . bolldln9 perm"
cerUncallt of ocaIpancy. or other med\lnllm. wtlk:hewr 0QClU/'I1lnIt;
5. That IItt vttb to tho PF'OpIIrty In "~'1IIY b'j ClIy tepr..ntallwa In Imler to ~I Ulla appDCllnon and 1"- owner nlhorkel City
...p.....,...uw.a 10 vllll and pmtovraph I~ pros-tY doeer1bad In th'~ application;
6. That (V-), !tltIl/nderalgnod 8Ult\ority, "~by t>>rtJI'y Ihat the foregoing_ tN...,cS ~
~fuLc:<
Praper'1 ow.n.r
~-OiiriiIt .
STATE OF J'LORlDA,
. '. , \-
'Vt\~\O~\~~
COUNTY OF PlNBlAS
~he. uJlderslgnad. an oITlc:.er dulJ commlulolMd ~ the lew. 01 thl Sta~ of JtIodde, an tf1l. _0011 deJat
H _ ~ app.afOd ;;l; c:; IJ.~I [),.l:;j c-TltJ -a L 1I who Ilevillg *" IIrIt dvly eWOfn
lII1d MY. thlt heI.h. fur .. hIi atrilf.vlt Ittat ..../.h. elgflld. /~
~' ~IiARRON L SBBERTH ~
My CommIN4oll Ellpl,..: . A "\. N..-y POOle, St8I8 of florida .
~i Mv Comm. Explnls Oct. 28. 2004 . NoC.IY Public
Comm. No. CC963675
~~nl"f1 o.pet1man'lAppkflJon f<1mII1drfv""pmenr ,.". UOOZ flqmt'k_ptrIIJ.,,~ /nrJl/ eppDcellott :10"2. d<<
RECEIVED
MAt{ 1 ~ LUU3
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 7 at 7 - RexlDl. OeY_pmonl Application - Comprehanllye II\flll "-dw.lapmenl ~Jed- CIty 01 Cl.arw".'
JAN 22 2002 15:19 FR CAPITAL ONE
~.a :I~CCl
8132901801 I U '::;f(~'(44':;iI!lW(
r.l:J<::.rl:J<:'
---- -' . .--
.
.
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--_",0
~~;;~~^<~\~=~LZE AG~:'_.____ _..._____. ___'~
~___~fh.46.. G(::A..t'l.~"'5 .._ .-- _n -- ..
~ !If AN pto9K""'Y --)
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L
Th~ . __ y:' ......j ... ~_... .....0<(.) "" L'" ~""""" _.....'" (.....n.. '" ,.M' '_'0
4 1 } ~ J1~.f;4. ~c.>lL1A t (Cle.r~hL._iLt.4~ n~ 3 1 b '~l. -----
- -- -.....~-
.~-_.-
2. T:'I' ma pluv.j~ ClJl1l)t.ftU1N \ftO PI'OPlb/t)' far ~ IIIlDqll"'" tor p: ttItUOIV>> ~UtIet)
._.f:~m() r I! hen s j ve In f.l. 11 1< edClve.\ (')Lm~..!!~~"~-~- .. II 1111" wn t,. r. .!!!.l!.:."
.. ------
---_. --------.-
'3. Theil D1e U~"'I:Illgnedl (h....lhllllU) ..,.,.o1l\t$Cl nl'll (C1.,wdo) r.wolnt;
G~aALO h. flGOQ~Kl. E~QO!~~
-' .----.--- .---
.. ---.--....
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fl,ll. (JlJdo'nlGllr. a(llJI\1(D) 19 fnlItwtr,a "ny P4'I't\CI". Of ~, dOO'Jrn..o- "-':""1,., m ~ .ul>>ll potllloon:
,. 'n,,,, Ihlt. ~mdllNtl hII. O1:Ii:Ill .QI.'V~ ~ 1~!\IClII ~ Clly of (,:1o.,...\1l0'. ~fl '" wnolckl QM M nil IPle Clbaw d,,",~bIlJ~ P\'OalO~:
4. T".' UW ~II" pdql~~ll l'lOla 611 ""t>ad baD (JIll"",, OlC'd fiOdltCllOll.l(IlMc, elo.) ..,1/ Ira pGirt pnlOR. lcllPlo IeeUl!lllQ1 01 Q t>ull~ pcl",.1l..
aoftll1cllG uf QCl'>:.Ip~,.qr. or crtI'lorf\Wd\Dn~. ""'dIuwoI OQOUI;) nn::\:
" Yl.clllllte vtaFlD IP Ul\l pnIpiItl)- _ naoM'lIf1 rFJ C1tt mptlMOnttlllWA In unlQl'to plVCnll f111a ~""CI\nM .n'lI 1m. own&' ~\t.llt.Qm:.1II c~
fOf'I'IIIt'IIItf.t1I~ III 1110\\ .,t1d p/'lOtOgIW,tJ ",. pwo.,-ft140MJINCJ )II III'.. UlJfic:o~;
!(.. Thill (~), IIW lI"der.uanod lliV\Grit)'. P\elU"Y ~ "'''11'/'10 fc"'l1alnlr irJ bV4l .nlll ~ ~
.~~
Pl~ 01....
S1'~TE OF II'l.oWOA.
=--...
COUHTY OF PfNal.AS
~1'ClID me 11'10 nGOl1lllfMU. ~ Od""~' lilllJ cornm...IQIUId rdtha 1_lIl1r",. SUlftl crAotllle, on lhla _._ ~ -'... fj) . O'er ~
. si ~. fl'*l'8(>/OOlIV l1pP1OlIlI'Gd .L... - ~ '-.. 11I1 dlll~ lwo,n
Oicp Mill.". fullY UnMtlllend. Ilia ClCIIftenta fll_ IIrftdr,vl~ melll'll/ehID .~
L~--~~~-_c- '. -~ -~
:l'1I'Jcn1l"'1I ~m_'lI'IppIIt;"''''/1 r"""~~""'I""""r ~ 1:1002 f\)'ft7I1.._",../I..n.",. /nrll1 ClJplltbl ~ Olt:. dor.:
.~. " ~""'" Neal T. Benson
; ~ MY COMMISSION' CC624606 EXPIRES
: . :.... April a. 2003
. BONDED 'I11RU tROYfAlN IN8UUNC~ l!IC.
RECEIVED
MAR 1 ~. 20U3
Av9 7 t1f T.. FfOllIOI8I ~otopn1<<l1 -'t>JllleUlolt
PlANNING DEPARTMENT
CITY OF CLEARWATER
C'"~rnpl9l.....II"ot If'lfUllWoNnl"",me>nl I":,*'~- Ol!lf :)t Clt'lf"" ,"I"r
E 'd
96~9'CN
LOI05'~~lL 33]N~c~OJ O)13~
~,d81:~1 COO~ '9\'u(f
** TOTAL PAGE.02 **
.
,... ".!~~ ~~"GT' i
tfl!"- - ~'1() wt ~h'::~e
(....- of.. ~ own....) .
"', ~13 -;; ~)tIoo . _0)......- ....,701..tIoo - -- (_..__~r.
~~ '7~1::t . . ..
c~ ~E .{f! 3~~
c ,~ ~ F. JJ'7.
~
~
~_ nit C1\1I propIl~ OOOltllutM trJ. property to,.,.ed\ . ~ tor II: (clem..... ~u_t)
d 1 I? k "bluewater Isle."
Com rehensive Infill ~e e~e 0 ment ro ~ct nogO ~5 I'
GERALD A. FIGURSKI, ESQUIRE
J. 111"'" u.,o.c:aigoo4 (h..JtI_) .ppoII\Mod ~ (d~) ~llII:. ~
.. ~ agent(.) to .,..cubo .rrJ pet'UoRO 0/1 allier doe.u,"eo" n_....., 10 .-.et M.lch ~:
3. That thIa afftda\'ll hae Daen ~ \0 If'C:t\ACIIlhe atr of C~O'. flclCtda to __11M, and.o on ~ above d-.Qttled ~;
4. Thlt Ute IIpPOcantadt\1uwhdg" ".. all ~ ... (patb .ad ~1Io". va1Ic. etc.) Yr1I ~ plid PRIOR tn tha IMUance of · bu~ pormA.
ClO~ of occup.nq. or~rfMClMnlMn. ~__~tht
5. TbIt IItt 'fttb ID tho prgpt,..... 1\.....". t1'f Cll1 cepNHl"Il.~ In 0"", to ~. IItIl 'flPII~nol'l InCllbe OMlOr ...lhOfUI ~
1Wp......~ to "II" end PhOtOOtap" ... p",pewttd6Mtlbed In lhl~ aprr-aon:
5. that (.....), Uw IIn....nod 8Ulf\oOty. fl...." a.nwy that .. fo~ .. uv. _d
If'il.:!''.MY~:~=~1~.l~~8
~"fIt EXPiReS: Au9ust 12, 2!lO6
~I' ~ DoocSt4TiVUfic*IY"idO~ra
STATE
COUNlY OF PlN8..1.AS
~I'olw \tie u/tderslunad. an oCIIc.r dul, alfn,""'~ by ,he
. ~....... ~
Oep ..ta I' aha fuliw undlnlAlnda 1M COt4enll GI
~ COtftII'IHloft &~.:
??.-- r~-()(o
.s-~"''' ~mM''''''''_I9'' f<()mI",dr#w~'" ,.."..,UDot ftlnn~~ ""/If .".1II1of120lJ2.dtK
RECEIVED
MA~ 1 ~ LUU3
PLANNING DEPARTMENT
CITY OF ClEARWATER
r.g. T l1f T - FJaltIClI. Dew~ot" App",*lGn - COmpr.tlMlly. ,.,'111 ~.IoPm<<l1 ~- Of)' of a..,..,...,
. .
-
M. AFFIDAVIT TO AUTHORIZE AGENT:
B.J.E. , Inc.
(~ of all P'Uf*1Y own....)
1. TlI.r (I I~ ..) !.he owner(l) and ,.cord title hald.l'{I) of the following de8cltbecI prof)ertt (Ilddrna Of' o-T.IIOCIIIton):
Pelican Walk Shopping Center
(see attached legal description)
2- Tha' Chhl property CQOatJtutM tt1e propaftJ tor WhICh a reque.. fot II: (dalOIIIe ~t)
Comprehensive Infill l{edevelopment Project knolol'n as "Rluewater Isle. "
GERALD A. FIGURSKI, ESQUIRE
J. Thaltne unde~ (hulh.-) ~Inted II1d (d~) IIppOlnt:
al (tQIlhelr) agent(l) to ellIICUm MY pelftIon. ~ oItI.,- doc:um.nll nec:al-.y 10 ~ .uoh petlUon;
~. Th.t lhla attId.~ haa been ~ \0 1MUCl81he CIty of Clearwllt.r. FIortdalo con.lIM, and K1 olt the abow dHatbed property;
4. That thellpPllalnl .dmowt.dgel .... .. Impact ..... (parb ....d NCtHtIoII. traf'Bc. lItc.) WlI be paid PRIOR to the lMuan~ of . bulldlnV pe~
c::e.mc.bl of OOCIUpIIney, or ottler m.d\An'-m. whIcttevw OQQU'" tnt;
5. Tb8l lilt vltb 10 .... property .. necMlWJ b)t C1ly rep_nta\lYH In order ~ ~I IIIIa a;JPllcallon and It. OIIm8r _lhonua City
reprwMfltauw.. to vI.1t elId photoglllph ... pl'O~ cIoIerlbed In 1h1!J applic;atlon;
6. l'hat (Vw-), IN und'ra9llOd .ult\ority. ~bJ ~ "'It the folllgOlnu illnle -- ~
E.'~ ~~ i/~ ReJ. J""--f
-~
~o..n.r , ---.,..
~.
Propeft1 o.n.r
STATE OIl' FLORIDA.
COUNTY OF J:ltNB..L.AS
;l';}:';Arrte the undersigned, 811 oCftcIN'dv/J commlulGned ~the 1_- oflhe.sw. ;l1'lodcM, an lhle /0 IA . de, of
. .:t003 ~appearad t:;!.!.2:LJlna~faJ.:t:: ~ whbhevl"IJbeenllnlcIUIYIWOI"
-"'-~~'1l~"""- ~~
.., """""_ ~Commi....n # CC 902313 . _Jl.
:' M:: Expires Feb. IS, 2004 . HID PooH
~ ~ Bonded ThJ'\l . . I}' c
""i:f!.'.:r.\\'~ A.tlantic Bonding Co., Inc.
.
e
!t~i'lfI o.r-rm.",lAppIk;lIlon FomI""'eInpm'" ,.."."uooz ~.lcalh""'~ /nrJlt ""11I0Il ~O(J~.dlK
RECEIVED
MA~ 1 \:1 LIJU3
PlANNING DEPARTMENT
CITY OF CLEARWATER
~ Tar 7 - Aellltlle Oevafopmenl ApplICation - CamprwhenllYe Infa. "-developnMOt ~Jed- CIty 01 C1e."..,...,
.
.
M. AFFIDAVIT TO AUTHORIZE AGENT:
C6 f ~ ~~ r 1- Co ^ cla "": f\.,' VI m,,~
(~ of ell property 0Ml0I"a)
~
1. That (larn!wa -) \tNI ownert:a) .,.j record tRIa holdar(l} of the foUowlng dlIecrIbecI prof)eltt (~ or o-,allocattan):
~q,
~ r 5l-..tr~
Dr"\V-t UrU.rlJ~
,
~ -U-J,
J
~~ '33 1 b1
1.- That this property CQIIstttute. the PRlPartr far WhIch . requeat for a: (da8cr11e l'8qu.st)
Comprehensive lnfill l<edevelopment Project known as "Rluewater: Isle."
J. Thai the undaBiQoed (h..Jh....) -ppoltIted and (donltto) ~Int:
GERALD A. FIGURSK1, ESQUIRE
.. (NsmJeIr) eagen'l(a) to 4J)lllcuta ~ pelftloll8 ~ aUler documanll n_.-.y 10 ~ auoh pettIIon;
:). That Ihla afftdM tww been ex.cuted to IIIcJuc6 the CIty 0( Clearwater. florida w ~.Id.f and .ct on the abow d..a1bed property;
4. Tb.t the ~t 1IId1:(1C7WI.cfgU !tI.t all Impad .... (parb eCId NClUfIoIl.lrafIle. .tc.) Vr11 tJ. paid PRIOR t.o the lMuance 01 . bu~ permll.
ce~ of oocup_ncy. or otMr m.d\anlam. whIchevw-- occu,.1ht;
5. That ... vttb 10 tho property era n.c."lIIJ b)' elf ntpr.e"'.IIYN In onItr to ~. mla appIlanon and the OMlOr aulttonua City
~Uvea to villi ~ photogfllph t~ prop.dy do.crtbed In IhlallpplQUgn;
5. That <V-), ttw undenUgnod .UIt\ority. PI-bJ tat1lty ~I the fomgolng .. bue ...d ~
~#"~~
f
COUNTY OF ~NB.1.AS
~ uAderslgraad. an otftCBr duly oomm"':mhe. laws of lheil:~ o! ~. ~ Ittl. lr nf .. day of
. . ;J () 0 ~ ~ IIppeIlnld . G Y ._ Jl_ /JL1!1JL t-? ~() 1lev/1lG M-n lint duly lworn
(INS lIIId -~ that hIIIahe fullY undoBtancla ItIe Ia 01 the aftldM tiel.,. .lgned.
MyC<<nm1aa4orl ek~".: ~ SHARRON L SBBEATH ~4.~ L ~ /,~. .
u It ):\ NclGJy NIle, Slat8 of Florida - NobIry Pub~
~ My ~ ~ Oct. 28, 2004
.--
PnIpeRy o.n.t
STATE OIl' noRmA.
~lR6In/"f1 ~m_IIApp/k;"lon FomInrt-e/rJpm.., rwt.wUODZ l'Vnn-lcOllJ,.."w"Jltelnrlll eppDcet/ott :ZOD2.doc
!
!
0;
!
~
:? t-
';
e~ CJ)
UJ
11;1 ::)
~ 0
UJ
a:
-" I
RECEIVED
MAR 1 ~ 2003
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 7 af 7 - fJel(IDle Oevefopmonl AM>11Cal1on - ColllpJWhenliye ,.,flll "-d_elopment RoJ-d- CIty 01 0-_...,
-,~ -
Mar-18-03
16:30
From-COLLIERS ARNO~
727 449 2428
.
T-268
P.002l008
F-474
y. pFlOAVrr TO APTttOR~e tGEtn{- 0 _. L - )
_ Co m IY'e. ,.. C. ~ -'4-- lI> r ~I ^ 1
Michael G. Preston ,.,
(~of aa ~ ownoca)
1. Thai (l.~ .., \t1. o.onalta) ancI record taM hold.((al af the IQuowIng ~ ~tty (~.-. of g_ralloc:atfDn):
Barbour-Morrow Sub Block B, Lot 8
2- That tn_ prop<<I~ QJIIslltu11ta tne orop.rty far ~ · requaat foI" -= (doDClItIe rwqueot)
Comprehensive lnfill ~edeveloPUleot Pr:ojc:ct knoun as "J\lue..,ater I91e."
GERALD ^_ FIGORSK1. ESQUIRE
:J. That tne ....~~ (h.""'-) ~ll'lted al'td <"oMIliDl -wolnt:
3. l)I.t this ~ tuuo ~n ~cuIIICII \(Il/OdU<<>> 1he Cfty of c~ar. f'lgttda lo conllldoe, ,,,Itl.d on ~ abo_ d..a1becS propIWtJ:
.. (1\IcIIbe1r) aQOftl(a) to ~cutB any p4IIllI1tIn. or ottIat dDCUln-Ollllleoll"" to ~ .1.1011 p.UUon;
4, Da' U1e ~ 8dtflO'lllfMfg" DI.I .8 tmp~ ..... (pcb ...d rMftatloll. trafk. e1I:\.l v.i! t- p8id PRIOR 1CI1M IMUiIlI1Clr of · bcIl1d!n9 pennlt
ClDldlaD gf oa:up~. or ottl6l' mooonan1snl.. ~ OQCl'IlIfa tnt;
5. lbat aIta ~tt. to tho property lite "eaanl)' t.7'J c.-, ~'"'... .., onS., to ~. VIla ~plQnon IlJ1d lboa OMlOr ...Jborrr.ea CIl:f
~ 10 vtalt.nd I'tfOtOVnop" _ ptopa~do~ In UI~~:
6. l'h" (V-). tJw underslanod aulf\aOty, t-wbJ cattII'J tlWllbll foregoklD~...1 lIP .~. . .... ... .....~..... ..... . .. ..
~k~~
p "1 o..n., '/
~ o-ner
STATE OF nORlDA..
=
COUNTY ~ ~N8.lAS
8afont me me u.,.,.~g...cs. lICI omc:-r dilly c:om"'....1Dned by ttle I..... DI tt,e Stat. 0( P\oddtI. ondti- "\.~~ - da,af
~ Q.o...~ . ~C"\a~ ~~ appearad _.. who llivltlG ~" IIAI dUlY ....om
0e9-- and....,. th..~ helah. Mirv undontlapd. lhe cOl\W(\1Il d ~lMl .ftld1lYll D\lll tleI'h~" ;Z J: .~
MJCO<Jlh'IAIotI &,pInd: JANET L. BAUSTERT _/e..~d-
Not!fY Public, State of Florida . VNcUfJ P\lbllc -
Mv comm- expo May. 23, 2006
Comm. No. OU lZUO.J'-
.!t~"'J1 ~m_'\AppIk.,lt2" FQIm~.JIapm..,r ,....,uoo: ~.~~IJ/I_ltJfll ~.,bt ::IlD~_dD<:
Property Owner reserves the right to
at any time. ~p
RECEIVED
withdraw this application
MAR 1 ~ lUU3
PLANNING DEPARTMENT
~ 7 Qf T _ A_J~" Oo1'Ve40pmeo\ ,,",lIc..lOn - COmp,.t!_.... Ittflll ~_"Io~Gl~-aIi ~~ATER
.
.
-----------------------------
f~Ml- ~~ --
VlDnn' ud
~ 1his ~~ ;tWJ:...cWi.
. ~ ~~~ir >6
~ \<. \:' 'I
~! ~'
Q~ ~,~
Uar-18-03
16:31
From-COLLIERS ARNO~
727 449 2428
~ T-268 P.004/008
F-4 74
M. ^Ftl9fT- Tf'c AlJTHO#f AG~
o 1'1)$(. ~ iI1IiL.L..
Michael G. Preston
[~of all pn>P8f1Y own,">
1. yt\u (I ~ .,..) ",. --.er{a) and l'IIEDrd ~ hold"'(I) of tho follQwl"", ~ p-cpertt (.sdnn. of o_r.' .t:lOIlIon):
Clearwater Beach Park 1 st Addition Replat Block B, West 1/2 of
Lots 2, 3, 4 and 5, Less the easterly 17 feet of the southerly
34 feet of the west 1/2 of Lot 5
:z.. Thai cha. pmpell)' ~tmJ. tI'I. Pro5l.~ forwNdla teqUCIat ~ a: (dallcrIbe ~t)
COI1\Dr~hensive Infill Kedevelopment E'coiect kno..:Tn 65 .t R 1 t1 e u ate r lsle- "
That the uoo.r-aiQnolI (hIIa1tt_) "'9'J>Oklted and (donIdo) ewo1nt; GERALD ^- rIGIJRSKl. E:SQtJIRE
3.
aa (~It) agon'l(a) 10 .,..=to any p.nUcne or <JIt\., doemnaobl n.,;a...'Y 10 IItr.ct .uch peIIllan:
3. Th.t mi. .....YIl..... _n epmcub:lcl \'0 lJl(J\loe 1be CIty of Clearw8Ulr. F1o~. '0 eonald-t .nd lid on the Aba_ dnafb<<llS pmpei('ty;
4. nat "'" ~ Qck11'""'-dQe& ....' alllmp~ ..... (patlB 1Ift\1 ~alloJt.l1W1I5e. 1I1c.) w11 t>> paicl PRIOR to lhc! ~ of I b<llldtng plIm'l1L
asJtl/1Clltll of oocupanq. or Dtt>at m.ob."~ ~ OQCU" Ibt;
5. Th8t .. vtett. tD tho p~rty .rw "lKMIDfJ trI C1Iy rap_Ift_II_ In onS., to ~. mla appl1~t1l1q .m! the ownot ....l11ortu. CI\:y
,.~ 10 vlall.nd photOgraph u.. plOp.d-f do~ Il\ Ibl. appliQtlon;
6. _~."''''d._d_'__-'''-'~ R~
iA ~~
- -. Prape~ .r
~-~r
STATE 01l' 'fLORIDA,
COlItfTY OF ~HB.LAS
Bel)la me \tie ulW!arslgJ1lMf. an omc.r dulr (Xlfl'lftta-Ioned try \Jle I..... of \hi Slaw of P1oltda. an Ihla \ ~ "b dllJ at
~R~ .~OC3 ~.Pl-afOC1 """,C"~~ ~~~C!l.~ whbll-'ngr.-"nr.ld~)'.wom
Oep_ IIDd "J'W milt r./afl.. fully ~'tlfr~ t!A~ 1M .IM""" 1Ita( heI... .ap.d.
""~.....- Notary Public, State 01 Flodda 9~.Ao"'" Z A...-;,.;?~
My comm. expo May. 23.2006 . . ry P\JDUe
f'~~~ Mn nn i'lru::1?
~"'-'l", o-p.rr..._tIAPIJIk.r1on f'omJ~_""...r r-f-Iuaoz 1Vm_1cr>Ihpr.tl."JI\Ie /IIrJl/ eppDo.,/oft ~OD2:.d_
RECEIVED
this aJMR:a\i~n2003
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 1 C1f 1 - A'8'JIl:IIII. Oor:IYalopm0l11 ADpllCallon - Camptwhan.. ,."al ~_.lopm"'l Pm.Jed- CIty DI 0.."", .r.,
Property own.df /~rves the right to withdraw
at any time.'/!4.(-I .
.
,
.
~
:\/ \
~ '\ J<..i('
Mar-18-03
16:31
121 449 2428
T-268 P.006/00B F-414
From-COLLIERS ARNO~
III. I ~FpA;;;:" TO ~. rTHORfZE AGelfi: . .1 ..
_ ~l~ ~1- 3~-L{ a~W~
Mic'hae' G. Preston
l~ 01.. pvpaI\Y own~)
ts~ J,
f1-- ~ 1 ')L. '1
( 5~-h>>A ') .
=
.. ...... __ ",", ... _<01.... __a _....,..., of"'" fo_ _".,..... (....... oc ........-..r.
Barbour-lvIo,"o" Sub Block C. Lot 5 and the North 1/2 of Lot 6 and
submerged lands per deed
2- Thai mla propeft;Y ~a me pRJ~ for ~ · cequcm foI' .-; (dGJCIl1be ~u..,1)
C.....h...ive l.fill "."0'.'.'.. ...joc< kD.'. a. .........[ 1.t...
=-
GERA~D ^_ rlGORSK1. ESQUIRE
J. TIlal tne unct.rsiQfred (hll.n\'-) eppoll'\~ and (d~) 1IW"'1I't;
>. ..................... ...._.. """",,'" cor '" c_. """'" to -....,.... "" ~......... ........ -
.. ()lICoIIhoalt) ~(.) ~o ~Q.dB -111 pordllona Of( ather c1oc;urn_nla n~.""" to ~ .uoh ~;
.. ........ --. _.... .. ...- _ ",_ .... __...... ....,.......... Pl'IOR"'" ........ '" ......... po-
cel\ltcslbl gf occuP..,q. or 0ClWf' ~all\tlft. whIdI.-r occu~ ~
,. .... ... .......... ..-'" -""" ..,,,,,..-_ .._.. ...-..... ...-no.......~' --- "'"
..~_ '0 viall .,d phOtO\JIWpl1 .". prop-~ de~ Irt Ih~ ..,pIK;a~
6. "(bat (V-). UW und.~oed .UIt\oritr. .._by.,.t1IlY !!la'!he to~ .....~.' /. ~~
Prupe 0\lIl\.'-
~_'.n'"__.___ _
~o.-r
STATE 01' noRmA.
=
COUlilY OF P\NB.J.AS
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..- ... ... __ _ o..,.....~ _............ .......... ..... ... "'........ 0..... \. ~ - . ... ;,.
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MY.,.,.._..~., JANETl. BAUSTERT t'r ~ .~L/.<l~
lIlutary-Publlc,-5tate of Florida. HclaIY PullRc
.
~"'-"'1"" ~mfj1JI\AwtJ<;.,fgn fOm'.~M",.QC.,l2>J'lz?,(,m"'\colnp.WI"JIW Inr1lf ."".".,b1 ~alt~.dDC
Property Owner reserves
at any time. 41. f
the right to witS.fdMW3"lO>s:lG>:I\1L40
.LN3W!HVd30 E>NINNYld
toOl 6 T. ~VW
~ 7 of 1 _ AallllJe OcwCllc:lpnlefll ^pplleaUnl\ - Co~lIftMY. ,"fill ~_.Iopm-' _0-04 CIt , ...-
...~ ro...,-- 1 Q ___.".td.,
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M. AFFIDAVIT TO AUTHORIZE AGENT:
~ lk1t>~'f~"L' rl~Wn L+v~ I
(Nemes of .. pn>PeIIY ownola')
L I... C-
1. Th_ (larnAaoa AIW) tt>- "",,"arta) and record tItIft ho'd.r{a) of the fo~ng ~ ~tty (8ddrwaa ex ~r.' JOClIItlon):
l\. ~~ l\) \) ~ A 0 +- I~CA. 5 ~d c... '>Vt.-b ~I
~O ?
1.- Tha' this pn>pell)' con_tttutea the proparty tor whk::ft a tequ- f<< a.: (daaorl>e ......-1)
Comprehensive Infill }(edevelopment Project kno<Jo as "Rluewater.- Isle."
3. Thai the und.DiQo&d (haaJh.-) -Pf'OII\Md and (d~) IIppOlnt:
GERALD ^- FIGURSKI, ESQUIRE
.. (~Ir) agent{a) to ~tIlllfl)' palftIona ~ other documen" n..,..ury to ~ .uoh pat/lIan;
~. Th.t Ihla .....vit I\a. boftn ~ to lMU06 tho Clly 0( Cle.arwater, fIoridato ~a"'" and I.d on Ih. .bow d..aftHld property;
4. Tblll Ole ~ adc:I1cnwt.d8.. !h.' all mpad "'- (patb .ad rect'HlIoII.ltaftk:. etc.) WI. b. p->a PRIOR fa tho Nuane>> of . building permll..
ce~ of occupancy, or ott-r nwahanlNn. wtlIctwr-.- 0Cl0U,.. nr.t;
5. That ala.,.b 10 tho propotrty' .. neoq.wy bf cay Illp....nt___ IrJ onJer to proaaea 121" appl!alton and ,t. OWflttr -dhorlua CIly
..~ 10 viet!. ..-d photugraptw .... proP-'r'do.albed In lhl!t ~;
.~ -_1''''---'---'''-'2~
f'r1lpef11 o.n.r
STATE OIl' J'LORIDA.
COUNTY OF P1NB...lAS
~ "'" 5he u~~. 1111 omaor duly oommlulonlldJlY the ~- P'- the ~'_~' on lid. /rfrIJ . day of
l1'lMf"--tt . .--wy appe..-od l11Lu /Y..J2 ~ \oIt)o Ilevlog ~n lint duly .wom
I ~' IIIId _... III heI~ fully urdGcaland. IIIe ClOfftnlll 01 the aftlcMvlt ,..f-'w .Igned. ,
MyComm.......~: ~ ~
~ L sa . NoIary PlJbHc
Nota" PlbIc ~
~vt.mllJf1 v.pMfm_rvttppllc_/on
Inrl/l-r>f'llowkHI %OD2.dtK
RECEIVED
MAK j ~ IUUj
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 7 of 7 - A1Dl;IDf. Ocvotopment AppIJca!lon - COrnprwhen..... ""111 ~-.Iopment RoJed- CIty 01 O_rwOll.,
.
.
1
.
~(biG
.
M. AFFIDAVIT TO AUTHORIZE AGENT:
Tkt _ M' \ -r t N: > l~ufV\ \A~~t > II
~ of.1 proper1Y own~) 1,
LLt.
")... That thle property Q:)IJstll~. the property for WhICh . roque.. to.- a: (dtmar1be ~t)
Comprehensive lnfi'll \{edevelopment Project kno~n as "Rluewater Isle.1f
3. Thai the unodenoiQo6d (haa1h.-) .ppok\tftd and (donldo) 1IppOlnt:
GERALD A_ FIGURSKI, ESQUIRE
.. (t>kJlha1r) agent(.) to ~lB all)' ,..uuona ~ ather docwnenla nac:alUfJ' 10 ~ auch p.tftIon;
:J. That Ihla ....~ tuoa beftn ~ to lrIaUOD !he CIly 0( Claarwlltof. florid. to conalde, and K1 on the .abo,,- dnatbed property;
-t. Tb~ the ~ ac;kpowtecfg.. lhtIt .'lmpact .... (parb -" ~fIol1. u.tIJc. eto.) WlI be pUt PRIOR to tba lMu..,~ of. bulldlnsl pennll.
Cd~ of OOCUplll1cy. Of ~ m-nanlMn. ~ ooou,..1ht,;
5. That .. '4bn:. 10 tho propwrty life ~.WY tot C1Iy ~nt.w.. In onSer tx) pro<>>e. trI'- ~pIIcanDn and lr.. OIImer _lbortzH CI\Y
,.~u- to vlab ~ photograph u.. J'I'OP-dY doaalbed In lh~ .,.pli..atJl.,..;
6. TbId (v-), tIw ul1defJIJgned ~ority. "-by .-tJtY Whallhe fomgolng · 7m
~~
~l"';;.r.
STATE OIl' nORmA.
COUNTY OF ANBlAS
J:~'J.!;"/\he unde~~. an oftI<:er duly romm...loned~the.... 0'.... J~' ~ Iftle
~. 4dll2. ~.pPa.red flJ.fltlJ) O&LfZ.::>
06p0aes IInd _p that hellJhe fully und.Malarrdll the ClOf'4eI1 Of"thoo.1IkNv\t lha M'.'" elgned.
MyComm""'~: G)7~. == i:.~
~ My Comm. ExpIres <kt. 28, mo4
Comm. No. CC86387S
It"l/I da, of
w.o hNrlg ~n 1In. dUly .wom
Noc..ry Public
SlFf.-.n/llg o-pMfm_fVltppilc.r/on Fomo~_ptn..r ,..,..UODZ /'lQnn.~~~ "',,, 8ppIIoatlott ZOD2.doc
RECEIVED
MAR 1 ~ 2003
PLANNING DEPARTMENT
CITY OF CLEARWATER
~ 7 ar 7 - AtDtIDI. OcvtllopmClOt Appllcld10n - Co~e "'fill "-d_eloprrwnt ~J-d- CIty 01 an.."""
. .
l&vL
Mar 18 03 05:16p
LANE & ASSCIATES,P.A.
.
001-407-3160372
.
p.5
-------- ------ ----------..-
M. Att=flOA\tIT TO AUTHORLZI;; AGf;f{oT:
C'l~.uii~ 1~.J~vnf)(.-L~.~_. ~--=~~=--=~_-===--==-=--~._-_.-
{N........" 01{ oil ,...~ ...........,,)
~. ,,,... (l n"",",", It...., \tltlI ","",o!tel..hd 1110>.4 tRIG .".ld"'(AJ of .ho. t.o11ciwlnv dttsotlM<S p~ttr '"""tr-.-"". 'ur 'O~t..lloc'i'Clon).
l~~'t\ _ \ \.l(-' 15-;'~~li~ -~~~J~tt-~I-4c. ~~/h ei'~~~LS~'~ ~~. L '.~.~-==
2. '''Ill ttlhl (lmpl\ny c.onll'"~o lIIo \IlVp..rtr tor Wl'>lct\ n f.........nt fvr fI: (dtIaoIlblo """,no\)
r:omn r ChCfl.~ i V !~~l_f iq~_~_d. eve .!2..~lRl~"~. Peo j", ~.~_~~~':.I~ ...:~~~.~':'.~.!~..~.::.le . -I
_._'_~-=- ~.~... ...~~_ .___.~;,:a.,:::",,-,_
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:\ fluollne li,","""lgn-&~ (h--"trY"> "1"1'01..,0" .,,'" (11I....1\Jo) ~olnl.
Cr.W^'.1> h.. Flr.Ol\:.Kl. t:5'1\ITRI::
--.. ---,.._--------- ---_.-- -~-_.--"'.--
..a (IlI.m..Io1 .."",n\(..II.o \llMCUI.. ~I Jl'tlRlolln Of _..r 40CL1........11I n.."",..",'I' "" ~ ,.u,)/I """ruo.,:
l. n,allhl_ o.f'Wfl~ NIl> tloen ......"".;)0 t.o lI>\IIICA Iho) eM, .of CI,"vWDl"r. florid!) I" .,.,nol...., ..,.., IOC"J tot. the Abctvn dCHIfllllOtd 1Jf-'Y;
4. Thill''''" ~nl A"',3...~p.. lI'I.1 .h Imp- r..r.V (PCllt,. ...d rccmrUlO'l.lrBft'Ic. oInJ ""I: bol Dutll P'RIOI~ Ie u.., lee"."... of . bull<1mp ...."""..
ClOl1lI\t::IIIII!J of oOWJlGnCJ. Dr ~r ~anan'- nhld>'l/O...... C>O:l:a'O 11m!;
:S. Thol all. -tttblo ltI. ""'9"""1 ",na "OtAN'III,'''' r.1ty "'P'''w,,,.IIw,, ,.., o,,'or to "........"8 m16 IIpl'lIr~lllCJll ..nd life 01IIn1l" 1I\l1l.\>Itr.H G~
l'IJI""",lIlBrtl_ IQ \11011 CJ\I1Q Pnotull"'plJ ih', prop.."" d.lM:f.....d M lh~ IIOPl~:
6.
fh4d~I.lh. vnd.,t.JQovd IIUth('rO~. h.;'.t.y,>VlIi'y "'"llhe 1'o1'6qol.'A ill In/,, ,.,.., oomIU. ::> i1 r' ~ . ~.
:J?,A ~"L~, f/reSt<-k11. f :Pr~e.c
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s.t'l\ TE OJ' nORIDA.,
COUNTY Of' Qlr lo..U, a
Fklbnt '"" '''. u""..",,~_d. WI 01'/1('.., duty c::um""'"""'"',d try II... Inw.. ,.1 tho SkIl, of f'Io1tdo,. "" 11\10 I J If... df/'F (If
~Y' . z.oo~ __ --"'A"' (;<...1' LANe :. -'~""'%""'M'
(kpOSM l!nld ~p thllr ",*!she to"'" l>mferslAndD U.,. ~41"~"" Ihn ..rn.:.:vll1lltllllvl~;''''' "...' -.J. . _ .
My f'..(If"",Mlan t:..S'fr4PD: 0 ( II 7/ ;}...o 0 J . ra...J...M ~ . . . o-i../l~
. I '-- 0 . l>4oe.rV P\.llllk:
.'t'If,.,,,'..p ~m...,~~.:.r':n r:-=::::"-:":'-:;::;~=~r-o~~_lnrm ~~~=.::--'- R E C E
..''6' MarjorteRw~AK 1 ~ 'LUU3
~ Ii' ~ My C.ommission CC9027>>
,~ huires J8~t~EPARTMENT
p~ OF CLEARWATER
C\TY .
~., rtf T - ~IGIltI!\l4> u."._pm~! ^"pntA!I"" C.a~""IaII.IllIl... ....flll Al>l''''''Dl",,",....1 "'''l''"J- ('J(y u( (;I.........lflo,
. .
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.
DKS Associates
.
12000 N Dale Mabiy HIghway, Suite 112
Tampa. Florida 33618
Traffic. TflJT/sportalion. Engineering. Planning
613-962-5959 PAX (813) 962-5744
Memorandum
To:
Date:
March 17, 2003
North Mandalay Investment Group, Inc.
JGrry Wentzel. P.E. p,,~r(f'Ti;{L.
Jl : NAR1 9 2003 ': fi i/'
, U/:~
...., A_-" "h, I I
~W1R~m' ~.~ 'A~WAf'rrrL"~~J
From:
Subject:
Parking for Bluewater Isle Resort
Clearwater Beach, Florida
INTRODUCTION
The purpose of this memo is to address the adequacy of the parking program that has
been proposed for the Bluewater Isle Resort at Clearwater Beach. This proposed
resort is to include 1383 parking spaces in two parking structures that will serve a
mixed-use development program which includes:
· 407 Residential Condominium Units
· A Marina with 250 Boat Slips
· 16,000 sf of Restaurant Space
· 36,145 sf of Retail Space
· 5,000 sf of Clubhouse Space
The proposed parking facilities will be shared by the various land-uses. As a result the
peak parking demands will be a function of the peak parking characteristIcs of these
various uses, the time when peak parking demands occur for each use, the expected
number of multi-purpose trips to more than one land-use and internal capture among
the Uses. These factors represent the concept of "Shared Parking" that has been
researched and documented by the Urban Land Institute (UU).
Shared parking occurs when common parking facilities are shared between two or
more types of land-uses without conflict. Experience indicates that combining Jand-
Uses in a miXed-use development and providing common parking facilities results in
the need for fewer parking spaces than if the individual land-uses were served by their
OWn separate parking facilities. The need for fewer parking spaces is a result of the
time offset of peak parking demands for different land-uses and the attraction to two or
more uses on a single auto trip.
[ FilE
.
DKS Associates
PARKING CHARACTERISTICS
It is our understanding that the residential condominium units will have their own
parking and will not share parking spaces with the other Uses. The Current proposal is
to reserve 814 parking spaces (i.e. two parking spaces per unit) for the residential
units. This will leave 569 parking spaces for the other uses to share. Listed in Table 1
are the peak parking demand ratios for each of the non-residential land-uses and the
percent utilization by time of day on a busy Saturday. Weekends will experience the
highest parking days because of activity at the marina, restaurants and retail uses.
.
Table 1
Peak Parking Demand by Time of Day
Parking Utilil:ation by
Peak Time of Day
Parking 8-9 AM 12-1 PM 7-8 PM
land-Use Size Ratio Parked Parked Parked
% Vehicles % Vehicles % Vehicles
Marina 250 Slips 0.5/ Slip 75 94 100 125 50 62
Quality 8,000 sf 18.0/1000 sf 10 15 60 86 100 144
Restaurant
High Turnover 8,000 sf 18_0/1000 sf 60 86 90 130 100 144
Restaurant
Retail 36,145 sf 4.0/1000 sf 30 44 90 130 50 72
Clubhouse 5.000 sf 5.0/1000 sf 100 25 100 25 100 25
TOTAL 264 496 447
The parking demand ratios and utilizations by time of day are based Upon the most
current information available from the Institute of Transportation Engineers (ITE). The
percent utilizations by time of day for the marina were estimated because ITE did not
have specific information for marinas. The clubhouse could schedule activities at
anytime of the day and was assumed to be 100% OCcupied during all time periods.
The parking accumulations in Table 1 represent the maximum number of expected
parked vehicles because no reductions have been considered for multi-purpose trips.
Examples of multi-purpose trips that would reduce these parking accumulations would
be residents and visitors of the residential condominium units who use the clubhouse.
eat at the restaurants or shop at the retail stores. Similarly, those who have boat slips
at the marina who also use the clubhouse, eat at the restaurants or shop at the retail
stores wHl reduce parking demands. Thus, we believe that less than 500 parking
spaces are needed to support the non-residential land-use components of the
Bluewater Isle Resort. The proposed 569 parking spaces for these uses will be more
than sufficient to accommodate parking needs during weekends in peak season.
2
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BLUE WATER ISLE RESORT
Traffic Study
Clearwater Beach, Florida
Prepared For
North Mandalay Investment Group, Inc.
Prepared By
DKS Associates Inc.
''D' ~ ~ r~~7 [E ~'"
U.j.~-- --~WIII
n. -or ,I
IU Ul__ _ J
::-'L.AI-.Nlh\j Jll.t~ \' Ldk .v.ci.;l S...l;~
CITY OF CLEARVV:8I.5fL _ -l
FILE
-
.
.
BLUE WATER ISLE RESORT
Traffic Study
-.
Clearwater Beach, Florida
~
Prepared For
North Mandalay Investment Group, Inc.
T.~E.
o. a License # 30802
J/I7/d"
Prepared By
DKS Associates Inc.
January 10, 2003
.
.
Table Of Contents
Illtr()ciLJc:ti()I1...........................................................................................1
f:)(i~tirl~ C()flciiti()Il!t..............................................................................1
Site Traffic Characteristics ............ .................................... ........... .......6
f:"CllllClti()fl .............................................................................................11
Recommendations ............. ... ............................. ....... ......... .................. 13
~
~J>JlE!r1cii)( ............................................................................................... 1~
ii
.
.
List Of Figures
1. L()C:Clti()11 twlClf)...............................................................................~
~. Existing AverClge DClily TrClffic: V()lumes .................................. 3
3. Existil1g PeClk SeClS()11 {PeClk H()ur} TrClffic: V()lumes...............4
4. Direc:ti()I1C11 Distributi()11 ()f Site TrClffic: ..................................... 7
5. Net New Site TrClffic: V()lumes (PtwI PeClk H()ur)........................ 9
6. PeClk SeClS()11 (PeClk H()ur) TrClffic: With Pr()jec:t........................10
~
7. PeClk SeCls()I1(PeClk H()ur} TrClffic: With Pr()jec:t........................1 ~
List Of TClbles
1. Existil1g PeClk H()ur Level ()f Servic:e C()l1diti()l1s ....................5
~. Existing Devel()f)mel1t Trif) Gel1erClti()11 .................................... 6
3. Blue WClter Isle Res()rt Trif) Gel1erClti()I1....................................6
4. PeClk H()ur Level ()f Servic:e C()nditi()ns With Pr()jec:t .............11
iii
.
.
Introduction
The North Mandalay Investment Group, Inc. is proposing to redevelop a portion of the Marina
residential District in Clearwater Beach Florida. The redevelopment area is bounded by
Causeway Boulevard on the south, Poinsettia Street on the west, Baymont Street on the north
and Clearwater Bay to the east. Figure 1 shows the location of this redevelopment project,
called Blue Water Isle Resort. The redevelopment project will involve consolidation of parcels
within the four block site area to provide a single unified plan. The existing East Shore Drive
right of way will be vacated. Existing development within the four block area will be
demolished and replaced by a planned mixed-used development consisting of approximately
400 condominiums and townhouses, 34,000 sf (gross leasable area) of specialty retail and
34,000 sf (gross floor area) of restaurants. The restaurant area is assumed to contain a
mixture of high turnover and quality type restaurants.
The purpose of this traffic analysis was to determine the impact that the redevelopment would
have on the surrounding roadway system, to identify any deficiencies in~ the surrounding
roadway system and to develop recommendations to mitigate impacts and provide for safe and
efficient traffic operations.
Existing Conditions
The major roadways in the site vicinity include Causeway Boulevard, Mandalay Avenue and
Gulfview Boulevard. Causeway Boulevard is a four lane divided facility, while Mandalay
Avenue and Gulfview Boulevard are four lane undivided facilities in the vicinity of the site.
According to the 2002 Level of Service ReDort prepared by the Pinellas County MPO, these
roadways are operating at Level of Service C. Mandalay Avenue is under construction from
the Roundabout to Baymont Street. Pedestrian facilities and landscaping will be improved,
however no additional traffic lanes are planned. Baymant Street, Poinsettia Street and
Eastshore Drive are local, two lane undivided roadways providing access to businesses in the
immediate project vicinity. The existing daily traffic volumes on these roadways are shown on
Figures 2.
The most prominent element of the roadway system in the vicinity of the proposed
development is the Clearwater Beach Roundabout. This multi-lane roundabout represents the
primary entry point for visitors to Clearwater Beach and also a "governor" to traffic movements
to and from the Beach. Causeway Boulevard, Mandalay Avenue, and Gulfview Boulevard are
the major routes feeding the roundabout. Poinsettia Street, a commercial driveway and a
Marina driveway are minor connections on the roundabout.
Continuous traffic counts collected by the City of Clearwater from February through July, 2000
and February through March, 2001 were analyzed to identify the peak hour traffic volumes on
the roundabout approaches and exits. Peak hour turning movement counts at the intersections
of Baymont Street and Mandalay Avenue and Eastshore Drive and Causeway Boulevard were
obtained in December of 2002 by OKS Associates. Figure 3 identifies the existing peak
season turning movements at the major intersections in the vicinity of the proposed
development.
.
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Blue Water Isle
Resort Site
CEVONDR
BRIGHw.'ATER CR
Bluewater Isle Traffic Stud
Figure 1
LOCATION MAP
DKS Associates
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EXISTING AVERAGE DAILY TRAFFIC VOLUMES
Bluewater Isle Traffic Stud
DKS Associates
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EXISTING PEAK SEASON (PEAK HOUR) TRAFFIC VOLUMES
Bluewater Isle Traffic Stud DKS Associates
4
.
.
Estimates of the existing level of Service for the Roundabout and the signalized intersection of
Baymont Street and Mandalay Avenue were determined using the SynchrolSim Traffic
computer software. The results of detailed simulation of traffic flows are provided in Table 1.
The detailed reports are included in the Appendix. As indicated the Roundabout operates at
level of Service 0 for most of the year, but during the February/March "spring break" period
level of Service F conditions are experienced. The intersection of Baymont Street and
Mandalay Avenue operates at level of Service A for both peak season and average
conditions.
Table 1
E"f P kH
L
I fS
C d"f
XIS mg ea our eve 0 ervlce on I Ions
Clearwater Beach Roundabout (Unsignalized LOS)
Approaches Total
SB SB WB NB Marina NB Intersection
Scenario Mandalay Poinsettia Causeway Coronado
Control LO Control Control Control Control Control
Delay S Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS
lsecJveh') lsec.lveh.) (secJvehJ (sec.lveh. ) (sec.lveh. ) lsec.lveh. )
Peak 101 F 79 F 34 0 1240 F 7 A 52 F
Season
Average 68 F 140 F 23 C 58 F 6 A 30 D
Baymont Street and Mandalay Avenue (Signalized LOS)
Approaches Total
SB Mandalay WB Baymont NB Mandalay EB Baymont Intersection
Scenario .
Control Control Control Control Control
Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS
(secJveh. ) (secJveh.) (secJveh.) (secJveh.l (sec.lveh.l
Peak 6.3 A 7.7 A 5.4 A 9.9 A 6.2 A
Season
Average 6.4 A 7.6 A 5.9 A 6.1 A 6.4 A
As indicated previously, this project involves a redevelopment of the area that is currently
occupied by a variety of motel, commercial and restaurant uses. The trips generated by
existing development on the site will be "replaced"' by trips generated by the proposed
development. To provide a basis for evaluating the incremental impact of the project on the
roadway system, an estimate of the trips generated by the existing development on the site
was prepared. The inventory of existing uses was. provided by North Mandalay Investment
Group, Inc. The number of trips generated by the existing development has been derived from
information contained in the ITE Report, Trip Generation, Sixth Edition. Table 2 summarizes
these "existing" trips which are currently on the area road system.
5
.
.
Table 2
E.. D
xlstmg evelopment Trip Generation
Development Component Size Units Daily AM Peak Hour PM Peak Hour
In Out In Out
Motels (ITE LUC 320) 292 Rms. 2978 58 103 85 76
Specialty Retail (lTE LUC 814) 7 Ksf 285 11 12 10 I. 8
Hardware Store (lTE LUC 816) 10 Ksf 513 5 5 21 23
High Turnover Restaurants 2@ Seats 1440 73 68 73 53
(ITE LUC 832) 150
Total External Trips 5216 147 188 189 160
Pass-by Trips -.- 1977 48 66 68 60
Existing Primary Trips 3239 99 122 121 100
Site Traffic Characteristics
1
The number of trips generated by the proposed development has also been derived from
information contained in the ITE Report, Trip Generation, Sixth Edition. These site generated
trips are shown in Table 3. As indicated by the table, the redevelopment of the site will result
in 3,281 net new daily trips on the surrounding roadway system, with 220 of these trips
occurring in the PM peak hour.
Table 3
81 W t I I R rt T. G
ue a er s e eso np eneratlon
Development Component Size Units Daily AM Peak Hour PM Peak Hour
In Out In Out
Condominiums (ITE LUC 320) 400 DU's 2360 26 127 129 64
Specialty Retail (lTE LUC 814) 34 Ksf 1383 55 60 50 38
Quality Restaurants 17 Ksf 1646 7 7 85 42
(ITE LUC 831)
Sit Down Restaurants 17 Ksf 3016 82 76 111 74
Internal Capture -250 -18 -18 -23 -23
Total External Trips 8155 152 252 352 195
Pass-by Trips 1635 47 48 64 42
Proposed Primary Trips 6520 105 204 288 153
Existing Primary Trips 3239 99 122 121 100
Net New Trips 3281 6 82 167 53
The expected distribution of these trips on the surrounding roadways was determined by
examining the current traffic patterns in the project vicinity. Approximately 10-15% of the
external trips are anticipated to be destined to the Resort and Retail/Restaurant Districts
immediately to the west. The remaining traffic will be distributed between Mandalay to the
north, Gulfview to the south and Causeway Boulevard to the east. Trips were assigned in
proportion to the current traffic demands on these roadways. Figure 4 depicts the expected
directional distribution of site traffic.
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DIRECTIQN~ DISTRIBUTIO:N OF SllIE TRAFFIC
Bluewater Isle Traffic Stu OKS Associates
7
.
.
The site generated trips were assigned to the surrounding roadways and the site access
system based upon this overall distribution as well as the planned location and configuration of
the site driveways. The redevelopment program involves vacation of existing Eastshore Drive
within the site boundaries. A short connecting roadway will be provided between Causeway
Boulevard and Poinsettia Street which will provide a bypass of the Roundabout for site traffic
coming from the east. The primary site access system will consist of five driveways on
Poinsettia Street. Two of these will serve the residential component of site development and
three to serve the retail components. Figure 5 presents the assignment of the net new site
traffic by peak hour turning movements on the streets in the project vicinity.
Evaluation
The Blue Water Isle Resort is anticipated to add approximately 220 trips onto the surrounding
roadways during the PM peak hour. An additional 87 trips will be added to the Clearwater
Roundabout. This represents a 2.5% increase in peak hour traffic. An additional 38 peak hour
trips will be added to the intersection of Baymont Street and Mandalay A~nue, which is a
2.8% increase.
In order to evaluate the impact that these additional trips would have on traffic conditions, the
site generated traffic volumes shown on Figure 5 were added directly on to the existing peak
season traffic volumes shown previously on Figure 3. Adjustments were. also made for the
vacation of Eastshore by adding the existing demands onto Poinsettia Street. Figure 6
presents the combined volumes which were used to evaluate the project impacts.
Proposed ccmditions were evaluated using the same computer software as used to evaluate
existing conditions. Table 4 summarizes the peak hour level of Service with the proposed
development. The analysis indicates the additional traffic will result in slight increases in
delays at the Roundabout. level of Service F conditions will continue to be experienced
during the peak season. level of service D conditions will continue to be experience during
the other times of the year. The additional traffic with the proposed development will have an
insignificant impact on conditions at the intersection of Baymont Street and Mandalay Avenue.
level of Service A conditions will be maintained for both peak and non-peak seasons.
In addition to the above intersection conditions, an evaluation of the conditions at the access
drives for the development was performed. Figure 7 shows the estimated peak hour traffic
movements (site and non-site) at the driveways and minor cross streets along Poinsettia
Street. Even with the vacating of Eastshore Drive, traffic volumes will remain at moderate
levels and can easily be accommodated by a two lane roadway. Because of the number of
access points provided, individual turning movements are light. However, the number of
access connections on both sides of the street suggests the need for a center left turn lane.
8
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NET NEW SITE TRAFFIC VOLUMES (PM PEAK HOUR)
Bluewater Isle Traffic Stud DKS Associates
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PEAK SEASON (PEAK HOUR) TRAFFIC WITH PROJECT
Bluewater Isle Traffic Stud DKS Associates
10
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Table 4
Peak Hour Level of Service Conditions With Development
Clearwater Beach Roundabout (Unsignalized LOS)
Approaches Total Inter-
SB SB WB NB Marina NB section
Scenario Mandalay Poinsettia Causeway Coronado
Control Control Control Control Control Control
Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS
(sec.lveh. ) lsec.lveh.) . (sec./veh.) I (sec.Jveh.) (sec./veh.) lsec.Jveh.)
Peak 134 F 77 F 32 0 1191 F 7 A 62 F
Season --
Average 34 0 193 F 31 0 240 F 8 A 34 0
Baymont Street and Mandalay Avenue (Signalized LOS)
. ~
Approaches Total Inter-
SB Mandalay WB Baymont NB Mandalay EB Baymont section
Scenario
Control Control Control Control Control
Delay LOS Delay LOS Delay LOS Delay LOS Delay LOS
lsec.lveh. ) lsecJveh.) . (sec./veh.) (sec./veh.) (sec.lveh.)
Peak 6.3 A 7.3 A 5.9 A 6.4 A 6.3 A
Season
Average 5.1 A 7.3 A 5.6 A 8.9 A 5.8 A
11
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PEAK SEASON (PEAK HOUR) TRAFFIC WITH PROJECT
Bluewater Isle Traffic Stud DKS Associates
12
.
.
Recommendations
Based on the evaluation of Mure conditions, recommendations for the site access system and
adjacent roadways have been developed. The site access improvements are designed to
provide for the safe and efficient interchange of traffic between the site and the adjacent public
street system. Improvements to the adjacent roadways are designed to mitigate the impact of
site traffic as well as to provide cost effective solutions to existing safety or capacity problems.
Site Access Recommendations
1. Five site access drives should be provided on Poinsettia Street, two serving the residential
component and three serving the"retail/restaurant component of site development. Each
drive should include one inbound and one outbound lane. As these drives Will serve
structured parking, access for service vehicles will be provided at separate locations.
2. Maintain a connecting link between Causeway Boulevard and Poinsettia $treet which can
serve as a by-pass to the Clearwater Roundabout for local traffic. This connection would
also provide a pick-up and drop-off area to serve the retail/restaurant uses at the southem
end of the project.
Other Roadwav ImDrovements
1. Widen Poinsettia Street from north of the Clearwater Roundabout to Baymont Street to
provide one through lane in each direction and a two-way center left turn lane.
13
. .
APPENDIX
14
Bluewater Isle Resort
Node Numbers
.
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~
Baymont 51 1
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Existing Peak Season PM Peak Hour
OKS Associates
Causewa 8Mj
A-I
.
1/9/2003
,
Appendix Figure 1
.
Exist;n Peak Season PM Peak Hour
2: Causeway Blvd & Roundabout Intersection Performance
Delay I Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourfy Exit Rate
WB
4.3
19.1
1.9
10
832
832
1664
NB
0.5
14.1
1.1
13
950
949
1898
.
12/23/2002
3: Roundabout & Poinsettia Ave Intersection Performance
Delay / Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourfy Exit Rate
NW-
0.8
15.9
1.3
12
968
968
1936
SW
33.9
0.4
0.5
1
52
52
104
4: S Gulfview Blvd & Pier 60 Lot Intersection Performance
Delay I Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourfy Exit Rate
WB
2.6
15.9
1.1
15
340
339
678
NB
0.7
7.6
0.5
16
289
290
580
SB
2.3
0.7
0.1
6
70
70
140
5: Roundabout & Manda/ay Ave Intersection Performance
~ we S8
Delay / Veh (s) 1.0 27.1
Travel Dist (mi) 24.8 4.8
Travel Time (hr) 2.0 2.4
Avg Speed (mph) 12 2
Vehicles Entered 976 289
Vehicles Exited 979 286
Hourfy Exit Rate 1958 572
OKS ASSOciates
dksassoak4-ff51
A-2
SimTraffic Report
Page 1
e
Existin Peak Season PM Peak Hour
Bend #6 Intersection Performance
~
Delay / Veh (5)
Travel Dist (mi)
Travel Time (hrj
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
NB
0.2
4.9
0.3
16
331
332
664
7: Baymont Sf. &
~
Delay / Veh (5)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
SB
65.0
27.9
6.5
4
310
289
578
Intersection Performance
EB~.- we
9.9 7.7
0.6 4.0
0.1 0.4
7 9
18 112
19 113
38 226
NB
5.4
41.1
2.2
19
314
313
626
8: Roundabout & Coronado Dr Intersection Performance
e
12/23/2002
SB
6.3
12.3
1.0
12
287
286
572
]
Delay / Veh (5)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
SB
1.3
24.6
2.0
12
934
932
1864
NE
5.9
27.9
2.3
12
649
648
1296
9: Roundabout & Marina Intersection Performance
~
Delay / Veh (5)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
EB
0.9
31.8
2.4
13
974
973
1946
NB
1239.6
0.6
6.9
o
24
17
34
OKS ASSOciates
dksassoak4-ff51
A-3
SimTraffic Report
Page 2
Delay / Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
.
Existin Peak Season PM Peak Hour
Bend #11 Intersection Performance
NB
1.2
50.6
2.4
21
651
649
1298
.
12/23/2002
SW
0.5
26.4
1.3
20
597
596
1192
12: S Gulfview Blvd & Coronado Dr Intersection Performance
EB~-. NB SB
Delay I Veh (s) 10.4 8.1 6.3
Travel Dist (mi) 14.3 13.4 45.5
Travel Time (hr) 1.6 1.4 3.0
Avg Speed (mph) 9 10 15
Vehicles Entered 295 361 608 J
Vehicles Exited 301 356 605
Hourly Exit Rate 602 712 1210
16: Causeway Blvd & Eastshore Dr. Intersection Performance
fB we SB
Delay / Veh (s) 0.3 24.8 84.0
Travel Dist (mi) 16.3 81.7 0.4
Travel Time (hr) 0.9 8.6 0.3
Avg Speed (mph) 17 9 1
Vehicles Entered 813 842 10
Vehicles Exited 812 839 10
Hourly Exit Rate 1624 1678 20
Bend #17 Intersection Performance
SB NE
Delay / Veh (s) 34.6 0.1
Travel Dist (mi) 4.8 0.4
Travel Time (hr) 0.7 0.0
Avg Speed (mph) 6 15
Vehicles Entered 53 44
Vehicles Exited 52 44
Hourly Exit Rate 104 88
OKS Associates
A-4
SimTraffic Report
Page 3
dksassoak4-ff51
Delay / Veh (s)
Travel Dist (mi)
Travel Time (hQ
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
HOUrly Exit Rate
.
Existin Peak Season PM Peak Hour
Bend #18 Intersection Performance
EB
0.9
78.1
2.9
27
812
812
1624
.
12/23/2002
we
4.4
174.0
7.1
25
842
842
1684
25: Pa a a St & Mandala Ave Intersection Performance
Delay / Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles. Exited
Hourly Exit Rate
Eg- we NB SB
3.4 12.0 1.0 8.9
0.3 0.2 29.6 36.3
0.1 0.1 1.3 2.2
5 2 23 17
38 20 332 276 J
38 18 335 271
76 36 670 542
Total Network Performance
~
Delay / Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
HOUrly Exit Rate
All
55.2
1084.9
78.5
14
2146
2096
4192
OKS ASSOciates
A-5
SimTraffic Report
Page 4
dksassoak4-ff51
.
.
Existing Average Annual PM Peak Hour
2: Causeway Blvd & Roundabout Intersection Performance
1/10/2003
Delay / Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
we
5.3
16.4
1.9
9
714
714
1428
NB
0.6
12.5
1.0
13
840
841
1682
3: Roundabout & Poinsettia Ave Intersection Performance
NW~ SW
Delay I Veh (s) 1.2 64.3
Travel Dist (mi) 13.6 0.3
Travel Time (hr) 1.2 0.8
Avg Speed (mph) 11 0
Vehicles Entered 835 42 ~
Vehicles Exited 834 41
Hourly Exit Rate 1668 82
4: S Gulfview Blvd & Pier 60 lot Intersection Performance
we NB SB
Delay / Veh (s) 2.4 0.7 2.4
Travel Dist (mi) 14.1 7.0 0.5
Travel Time (hr) 0.9 0.5 0.1
Avg Speed (mph) 15 16 6
Vehicles Entered 303 267 54
Vehicles Exited 300 266 54
Hourly Exit Rate 600 532 108
5: Roundabout & Mandalay Ave Intersection Performance
we S8
Delay / Veh (s) 1.7 36.0
Travel Dist (mi) 21.0 4.7
Travel Time (hr) 1.9 3.0
Avg Speed (mph) 11 2
Vehicles Entered 839 282
Vehicles Exited 838 280
Hourly Exit Rate 1676 560
OKS Associates
A-6
SimTraffic Report
Page 1
dksassoak4-ff51
e
e Annual PM Peak Hour
Bend #6 Intersection Performance
~
Delay / Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
.
NB
0.2
4.4
0.3
16
296
297
594
1/10/2003
-
SB
32.4
26.8
3.7
7
289
282
564
7: Ba mont St. & Mandala Avenue Intersection Performance
EB~- we NB SB
Delay / Veh (s) 6.1 7.6 5.9 6.4
Travel Dist (mi) 0.5 3.7 36.9 11.5
Travel Time (hr) 0.1 0.4 2.0 1.0
Avg Speed (mph) 10 9 19 12
Vehicles Entered 17 103 278 268 J
Vehicles Exited 18 103 284 270
HOUrly Exit Rate 36 206 568 540
8: Roundabout & Coronado Dr Intersection Performance
~
Delay / Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
SB
0.8
21.3
1.6
13
815
813
1626
NE
5.3
23.1
1.9
12
536
536
1072
9: Roundabout & Marina Intersection Performance
=
Delay / Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
HOUrly Exit Rate
fB
0.8
27.2
2.1
13
821
819
1638
NB
57.7
1.6
0.9
2
52
50
100
OKS ASSOciates
dksassoak4-ff51
A-7
SimTraffic Report
Page 2
.
e
Delay / Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
e Annual PM Peak Hour
Bend #11 Intersection Performance
N8
1.1
41.6
2.0
21
536
536
1072
1/10/2003
SW
0.5
23.4
1.2
20
518
521
1042
12: S Gulfview Blvd & Coronado Dr Intersection Performance
Eg~ NB S8
Delay / Veh (s) 10.2 7.4 5.3
Travel Dist (mi) 12.9 10.1 39.9
Travel Time (hr:) 1.4 1.0 2.5
Avg Speed (mph) 9 10 16
Vehicles Entered 269 271 536 ]
Vehicles Exited 269 275 532
Hourly Exit Rate 538 550 1064
16: Causeway Blvd & Eastshore Dr. Intersection Performance
E8 we S8
Delay / Veh (s) 0.3 15.9 101.5
Travel Dist (mi) 14.5 69.8 0.1
Travel Time (hr) 0.8 5.6 0.1
Avg Speed (mph) 17 13 1
Vehicles Entered 720 716 4
Vehicles Exited 722 723 4
Hourly Exit Rate 1444 1446 8
Bend #17 Intersection Performance
S8 NE
Delay / Veh (s) 75.2 0.4
Travel Dist (mi) 3.8 0.4
Travel Time (hr) 1.1 0.0
Avg Speed (mph) 4 13
Vehicles Entered 42 39
Vehicles Exited 42 39
Hourly Exit Rate 84 78
OKS ASSOciates
A-8
SimTraffic Report
Page 3
dksassoak4-ff51
Delay / Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourfy Exit Rate
.
e Annual PM Peak Hour
Bend #18 Intersection Performance
EB
0.9
69.7
2.6
27
722
725
1450
.
111 0/2003
we
2.2
147.6
5.5
27
716
716
1432
25: Pa a a St & Mandala Ave Intersection Performance
EB-~. we NB SB
1.9 7.9 0.8 1.1
0.2 0.4 26.5 34.7
0.0 0.1 1.2 1.5
7 7 23 23
23 17 297 264 ]
23 17 297 261
46 34 594 522
Delay / Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
HOUrly Exit Rate
Total Network Performance
All
38.1
950.7
59.8
16
1858
1855
3710
Delay / Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourfy Exit Rate
OKS Associates
A-9
SimTraffic Report
Page 4
dksassoak4-ff51
Blue Water Isle Resort
Node Numbers
.
~3
f ff
...
E
P
l
-
Baymont St 1
-
~
<
..
Ii
"
c
~
~l:~ HO
2~ :so
5 -- 10
70 __N i
~
..
..
j
c
~ 1)
~
..
Ii
"
c
..
:E
E'11
-j
Peak Season PM Peak Hour with Blue Water Isle Resort
OKS Associates
A-tO
e
Causewa 8M!
1/10/2003
J
Appendix Figure 2
.
.
Peak Season PM Peak Hour With Bluewater Isle Resort
2: Causeway Blvd & Roundabout Intersection Performance
12/23/2002
Delay / Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
we
4.6
19.1
2.0
10
830
833
1666
N6
0.6
14.8
1.2
13
996
999
1998
3: Roundabout & Poinsettia Ave Intersection Performance
NW' SW
Delay / Veh (s) 0.7 20.3
Travel Dist (mi) 16.3 0.9
Travel Time (hr) 1.3 0.5
Avg Speed (mph) 12 2
Vehicles Entered 982 78 J
Vehicles Exited 984 78
Hourly Exit Rate 1968 156
4: S Gulfview Blvd & Pier 60 Lot Intersection Performance
WB N6 S6
Delay / Veh (s) 2.8 0.8 2.2
Travel Dist (mi) 16.3 9.2 0.6
Travel Time (hr) 1.1 0.6 0.1
Avg Speed (mph) 15 15 7
Vehicles Entered 349 352 59
Vehicles Exited 351 352 58
Hourly Exit Rate 702 704 116
5:. Roundabout & Mandalay Ave Intersection Performance
WB S6
Delay / Veh (s) 0.9 28.5
Travel Dist (mi) 25.2 5.2
Travel Time (hr) 2.0 2.6
Avg Speed (mph) 13 2
Vehicles Entered 1000 310
Vehicles Exited 1001 306
Hourly Exit Rate 2002 612
OKS Associates
A-ll
SimTraffic Report
Page 1
dksassoak4-ff51
. .
Peak Season PM Peak Hour With Bluewater Isle Resort 12/23/2002
Bend #6 Intersection Performance
NB SB
Delay I Veh (5) 0.2 76.2
Travel Dist (mi) 5.2 30.0
Travel Time (hr) 0.3 8.0
Avg Speed (mph) 16 4
Vehicles Entered 358 333
Vehicles Exited 358 310
Hour1y Exit Rate 716 620
7: Baymont St. & Intersection Performance
Ea-- we NB SB
Delay / Veh (5) 6.4 7.3 5.9 6.3
Travel Dist (mi) 0.4 3.8 44.0 13.0
Travel Time (hr) 0.0 0.4 2.3 1.1
Avg Speed (mph) 10 9 19 12
Vehicles Entered 11 106 339 302 ~
Vehicles Exited 11 108 338 303
Hour1y Exit Rate 22 216 676 606
8: Roundabout & Coronado Dr Intersection Performance
Delay / Veh (5)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hour1y Exit Rate
SB
1.4
25.0
2.1
12
949
949
1898
NE
6.8
29.3
2.6
11
687
682
1364
9: Roundabout & Marina Intersection Performance
Delay / Veh (5)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hour1y Exit Rate
EB
1.0
33.5
2.6
13
1029
1027
2054
NB
1190.9
0.6
6.0
o
22
14
28
OKS Associates
A-12
dksassoak4-ff51
SimTraffic Report
Page 2
.
Peak Season PM Peak Hour With Bluewater Isle Resort
Bend #11 Intersection Performance
.
12/23/2002
Delay / Veh (5)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Houny Exit Rate
NB
1.3
52.5
2.5
21
674
672
1344
SW
0.5
26.5
1.3
20
601
600
1200
12: S Gulfview Blvd & Coronado Dr Intersection Performance
Delay / Veh (5)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
EEt~
11.3
16.9
2.0
9
353
348
696
Bend #14 Intersection Performance
NB
0.3
1.0
0.1
17
58
58
116
Delay / Veh (5)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
NB
7.7
12.6
1.3
10
336
339
678
SB
6.7
45.9
3.1
15
609
616
1232
16: Causeway Blvd & Eastshore Dr. Intersection Performance
Delay / Veh (5)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
EB
0.3
17.0
1.0
17
849
848
1696
WB
23.7
84.7
8.7
10
873
877
1754
SB
70.2
0.1
0.2
o
10
11
22
~
OKS Associates
dksassoak4-ff51
A-13
SimTraffic Report
Page 3
.
.
Peak Season PM Peak Hour With Bluewater Isle Resort
12/23/2002
17: Poinsettia Ave & Intersection Performance
WB SB NE
Delay / Veh (s) 4.5 221.2 0.2
Travel Dist (mi) 1.4 6.7 0.4
Travel Time (hr) 0.1 5.2 0.0
Avg Speed (mph) 10 1 13
Vehicles Entered 58 77 61
Vehicles Exited 58 78 61
Hourly Exit Rate 116 156 122
Bend #18 Intersection Performance
EB- WB
Delay / Veh (s) 1.0 3.6
Travel Dist (mi) 81.2 180.8
Travel Time (hr) 3.0 7.1
Avg Speed (mph) 27 26
Vehicles Entered 848 879 :1
Vehicles Exited 840 873
Hourly Exit Rate 1680 1746
Delay / Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
25: Papaya 5t & Mandalay Ave Intersection Performance
EB WB NB
3.2 164.5 1.1
0.3 0.1 32.1
0.1 0.7 1.4
5 0 23
37 16 358
37 14 360
74 28 720
S8
29.4
39.3
4.0
10
301
289
578
Total Network Performance
Delay / Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
All
65.8
1139.3
88.9
13
2245
2200
4400
OKS Associates
A-14
SimTraffic Report
Page 4
dksassoak4-ff51
.
.
Average PM Peak Hour with Bluewater Isle
2: Causeway Blvd & Roundabout Intersection Performance
1/10/2003
Delay I Veh (s)
Travel Oist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
we
5.3
15.1
1.7
9
659
657
1314
NB
0.6
13.4
1.1
12
902
904
1808
OKS Associates
A-I5
SimTraffic Report
Page 1
dksassoak4-ff51
. .
Average PM Peak Hour with Bluewater Isle 1/10/2003
Bend #6 Intersection Performance
NB SB
Delay / Veh (s) 0.3 10.9
Travel Dist (mi) 4.0 30.0
Travel Time (hr) 0.3 2.2
Avg Speed (mph) 16 14
Vehicles Entered 275 326
Vehicles Exited 275 317
Hourly Exit Rate 550 634
7: Baymont St. & Mandalay Avenue Intersection Performance
EB-. we NB SB
Delay / Veh (s) 8.9 7.3 5.6 5.1
Travel Dist (mi) 0.6 4.0 35.0 11.8
Travel Time (hr) 0.1 0.4 1.8 0.9
Avg Speed (mph) 8 10 19 14
Vehicles Entered 18 111 269 276 1
Vehicles Exited 18 110 265 274
Hourly Exit Rate 36 220 530 548
8: Roundabout & Coronado Dr Intersection Performance
Delay / Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
SB
0.9
21.1
1.6
13
819
819
1638
NE
6.4
24.5
2.2
11
575
568
1136
9: Roundabout & Marina Intersection Performance
Delay / Veh (s)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
EB
0.8
30.0
2.3
13
902
904
1808
NB
240.3
1.2
2.6
o
38
38
76
OKS Associates
A-16
SimTraffic Report
Page 2
dksassoak4-ff51
.
Average PM Peak Hour with Bluewater Isle
Bend #11 Intersection Performance
.
1/10/2003
Delay / Veh (5)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
NB
1.2
44.1
2.1
21
566
566
1132
SW
0.5
21.8
1.1
20
484
483
966
12: S Gulfview Blvd & Coronado Dr Intersection Performance
Delay / Veh (5)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
EB'.
9.1
13.4
1.4
10
277
278
556
Bend #14 Intersection Performance
NB
0.4
0.7
0.0
17
36
36
72
Delay / Veh (5)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
NB
9.2
10.9
1.3
9
291
294
588
SB
5.6
36.8
2.3
16
489
488
976
16: Causeway Blvd & Eastshore Dr. Intersection Performance
Delay / Veh (5)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
Hourly Exit Rate
EB
0.3
15.2
0.9
17
765
764
1528
we
19.6
67.5
6.1
11
703
690
1380
SB
112.5
0.0
0.2
o
7
5
10
,
OKS Associates
dksassoak4-ff51
A-17
SimTraffic Report
Page 3
. .
Average PM Peak Hour with Bluewater Isle 1110/2003
17: Eastshore Dr. & Poinsettia Ave Intersection Performance
WB NB SB
Delay / Veh (5) . 4.3 0.1 160.8
Travel Dist (mi) 0.9 0.5 4.8
Travel Time (hr) 0.1 0.0 2.5
Avg Speed (mph) 10 15 2
Vehicles Entered 36 49 61
Vehicles Exited 37 49 42
Hourly Exit Rate 74 98 84
Bend #18 Intersection Performance
EB~- WB
Delay / Veh (5) 0.9 4.6
Travel Dist (mi) 72.5 145.9
Travel Time (hr) 2.7 5.9
Avg Speed (mph) 27 25
Vehicles Entered 754 709 ,
Vehicles Exited 751 703
Hourly Exit Rate 1502 1406
25: Papaya St & Mandalay Ave Intersection Performance
EB WB NB SB
Delay / Veh (s) 2.1 5.2 0.8 1.0
Travel Dist (mi) 0.3 0.4 24.6 36.5
Travel Time (hr) 0.1 0.0 1.1 1.6
Avg Speed (mph) 6 9 23 23
Vehicles Entered 45 18 275 282
Vehicles Exited 45 18 276 283
Hourly Exit Rate 90 36 552 566
Total Network Performance
Delay / Veh (5)
Travel Dist (mi)
Travel Time (hr)
Avg Speed (mph)
Vehicles Entered
Vehicles Exited
HOUrly Exit Rate
All
40.4
964.1
62.5
16
1939
1877
3754
OKS Associates
A-I8
SimTraffic Report
Page 4
dksassoak4-ff51
. .
SynchrolSim Traffic Summary of Delay
Existing Peak Season
Total
Parameter Causeway Poinsettia Mandalay Coronado Marina Intersection
Volume
Entering 842 53 310 651 24 1880
Average
Delay 33.5 78.5 101 7.1 1239 52.1
Proposed Peak Season
Total
Parameter Causeway Poinsettia Mandalay Coronado Marina Intersection
Volume
Entering 879 77 333 674 22 1985
Average
Delay 31.9 242 134.1 7.1 1190.9 61.6
Existing Average ,
Total
Parameter Causeway Poinsettia Mandalay Coronado Marina Intersection
Volume
Entering 716 42 289 536 52 1635
Average
Delay 23.4 139.5 68.4 6.4 57.7 29.9
Proposed Average
Total
Parameter Causeway Poinsettia Mandalay Coronado Marina Intersection
Volume
Entering 709 61 326 566 38 1700
Average
Delay 30.5 193.4 34.2 7.6 240.3 34.1
A-19
CLWCoverSheet
.
.
FLD2003-03014
409 POINSETTIA A VE
Date Received: 3/19/2003
BLUE WATER ISLE
ZONING DISTRICT: T
LAND USE: RFH
ATLAS PAGE: 267A
t!> l205. co
PAl
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RECEIVED
MAt< 1.}j LUUj
PLANNING DEPARTMENT
CITY OF CLEARWATER
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CITY OF
.
CLEARWATER
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
LoNG RANGE PLANNING
DEVELbPMENT REVIEW
December 7,2005
Mr. Gerald A. Figurski, Esquire
The Oaks at Perrine Ranch
2550 Permit Place
New Port Richey, FL 34655
Re: FLD2003-03014/DV A2003-00001ffDR2003-00002, 409 Poinsettia Avenue
Dear Mr. Figurski:
On March 19, 2003, the above referenced applications were filed for the "Blue Water
Isle" Development. By letter dated March 26, 2003, we informed you that the
application was "incomplete" and outlined those items necessary to be submitted to make
the application "complete." This application has never been made "complete" for
processing to the Development Review Committee and the Community Development
Board.
After numerous attempts to obtain a letter withdrawing this case from further
consideration, and since there have been other requests filed for parcels that were part of
the subject property, the above referenced applications are hereby deemed
WITHDRAWN and no further actions will be taken by the City on these applications.
Should you have any questions, feel free to contact me at 727-562-4504 or
wayne. wells@mvc1earwater.com.
Sincerely,
~O"ArA- ~. W ~
Wayne M. Wells, AICP
Planner III
S:\Planning DepartmentlC D BIFLEX (FLD)l/nactive or Finished ApplicationslPoinsettia 409 Blue Water Isle (1) -
WithdrawnlPoinsettia 409 Letter of Withdrawal J 2.7. 05. doc
FRANK HIllBARD, MAYOR
Bll.LJOl'iSO:\, VICE-MAYOR
Hon HA\llLTOI'i, COLJNClI.MEMBER
*
JOHN DORAN, COL;I'iCIl.\1EMBER
CARLEN A. PETERSEI'i, COUl'iClL\IEMBER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTIO': EMPLO'r1'R"
f I .
II u.
, I 0
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U
FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE.
CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
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FAX: -. ~ cr <0.. S, 2.. 7
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PLANNING DEPARTMENT
CORRESPONDENCE/CONVERSATION TRACKING FORM
Case: 'FL~ 2,..oo-:!.. 0'3 () \+
DRC date:
CDB date:
Include all conversations related to the case with contact and phone number, date received
correspondence/plans, etc.
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Meeting Notes Regarding FLD2003-03014/DV A2003-00001ffDR2003-00002, 409 Poinsettia
Avenue - April 3, 2003
Attendees:
* City Staff - Frank Gerlock, Wayne Wells, Joe Colbert, Dave Kessinger, Scott Rice, Glen
Bahnick, Reginald Owens, Lisa Fierce, Gina Clayton
* Applicant - Jerry Figurski, Joe Burdette, Gabe Salizar, Keith Zayak, Bob Metz, Bill Sturtevant
Discussion: related to the incomplete letter sent via Email to Jerry Figurski on March 26, 2003.
The following items and/or information are required in order to make the application complete
(responses by the applicant are provided in italics):
1.
Property Ownership:
a. Originals of the Affidavits of Ownership were not submitted Will submit.
b. Affidavits do not contain all property owners for each address within the subject
property, as contained within the Pinellas County property appraiser database.
Will submit.
c. Affidavits are missing for the following addresses: Will submit a table indicting
all parcel numbers, addresses, owners and a corresponding map with all parcels.
· 400, 402, 404, 422, 426, 428, 448, 450, 452, 454, 466, 469, 473 East
Shore Drive and Lots 10 and part of 11 (Block B of Replat of Clearwater
Beach Park);
· 409,429,453,471,475 Poinsettia Avenue; and
. 51 Baymont Street
d. Not all affidavits were not signed or notarized. Will submit.
Parcel identification numbers for all parcels that are part of this request have not been
submitted. This was left off the application as well. Will submit.
Consent from mortgage holder of the sending parcel regarding the transfer of
development rights. Will submit.
Site Plan does not include the property known as Pelican Walk although included in the
affidavit of ownership and survey is submitted. The survey is required to be signed and
sealed. Clearly indicate the relationship between the existing site at 483 Mandalay
Avenue with the project site in terms of long term use, access, parking, FAR, etc. Will
submit as part of the site plan.
Signage (freestanding and attached) has not been submitted as part of the proposal. Will
submit a Comprehensive Sign Program application at a later date.
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2.
3.
4.
5.
General Comments related to the sufficiency of the aDDlication
1.
Affidavits of Ownership: Will clarify.
401 East Shore - Unclear as to who signed the affidavit; the notary indicated that she
personally appeared before herself to sign the affidavit, not the owner.
403 East Shore, Beach Enterprises of Clw, Inc. (Beverly C. Dollar) - Listed on sheet of
property owners as Beverly C. Dollar, not Beach Enterprises of Clw, Inc.
405 East Shore, GLA Properties, Inc. - Listed on your sheet of property owners as GLA
Properties, Inc., but signed by George G. Glen and AlIa L. Glen.
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a.
b.
c.
Page 1 of 5
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d. 408 East Shore, Traveler Motel - Listed on your sheet of property owners as Traveler
Motel, but signed by Edwin and Lea Day.
e. 409 East Shore, Lev N. Doktorsky - Address of property listed as 409 East Shore Dr. #7.
Unclear as to #7. Are there #1 through #6 also? Listed on your sheet of property owners
as Lev. N. Doktorsky, but signed by Lev and Eugenia Doktorsky.
f. 411 East Shore, Kathryn of Cantaberry - Unclear whom Deborah L. Wells is in relation
to Kathryn of Cantaberry.
g. 423 East Shore, Anastasia Kouthemantis listed on sheet of property owners; affidavit lists
Aristotelis Kouthemantis on the top and notary recognized Aristotelis Kouthemania.
h. 443 East Shore, Penelope Patapis, The Estate of Steve Patapis, Dino Patapis - Signed by
Dean Patapis; no signature of Penelope Patapis; unclear as to relationship to The Estate of
Steve Patapis.
1. 446 East Shore, Domenico G. Forlini and Fulvia Forlini - Fulvia Forlini not listed at top
of affidavit as a property owner.
J. 451 Poinsettia Avenue, Dolores M. Hartman as Trustee or The Hartman Trust - Probably
should be listed as Trustee "of' The Hartman Trust; "Trustee of The Hartman Trust" not
listed as part of property owner's name at top of affidavit.
k. 472 East Shore, Susan Stephans and Doris Stephans - Affidavit only lists Susan Stephans
as the property owner and only signed by Susan Stephans.
1. 479 East Shore (Condominium) -
~ Unit # not listed for owners;
Mark Tilly - Mary Ellen Tilly also listed at top of affidavit as a property owner but did
not sign; Chiavatti Development Corporation - Affidavit not notarized; listed on your
sheet of property owners as "Chiavatti Development Corporation" but listed at the top of
the affidavit as "Chiavatti Development, Inc."; unclear as to signatory's relationship to
Chiavatti Development, Inc.
~ David Desaulniers - Incorrectly spelled last name on your sheet of property
owners as David Desaulaimes .
~ Sid and Minerva Guirguis - Signed by only one person; not notarized.
m. 449 East Shore, Ismet Deletioglu - This should be added to is not on your property owner
list.
n. 53-63 Baymont and 480-490 East Shore, James and Jane Yearout - Janet Yearout on
property appraiser's list for 53 Baymont.
o. Pelican Walk Shopping Center - Address not listed; legal description is not attached to
the affidavit as indicated.
p. 483 East Shore, Coral Resort Condominiums, signed by Peggy Hornung but not clear
about her relationship to the property; property appraiser has several owners associated
with this site.
q. Commercial Lot (parking), Barbour-Morrow Sub Block B, Lot 8, signed by Michael
Preston; name not included as part of notary requirement, added statement "Property
Owner reserves the right to withdraw this application at anytime" renders this a
conditional authorization.
r. 485 Poinsettia, Michael Preston; added statement "Property Owner reserves the right to
withdraw this application at anytime" renders this a conditional authorization.
s. 419 East Shore, Michael Preston; name not included as part of notary requirement, added
statement "Property Owner reserves the right to withdraw this application at anytime"
renders this a conditional authorization; need original.
Page 2 of 5
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2. Flexible Development Application:
a. Description of the request needs to be included, as well as all reductions in setbacks,
landscape buffers and required parking, as well as all increases in height (setbacks and
landscape buffers, measured from the front property line and/or seawall, include not only
vertical structures but also pavement, patios, decks, etc). Will submit an itemized list in
bullet form of all requests for relief from Code requirements.
b. Clarify acreage. The application states 11.38 acres but that is not easily verified on the
site plans. Will clarify in calculations and on site plan.
3. Site Plans:
a. The application should be collated into one master package with a master cover sheet and
index (would be extremely helpful). Will provide.
b. The survey by Tampa Bay Land Surveying, Inc. is insufficient. The survey is a boundary
survey but does not include all bearings and dimensions of the area of the survey.
Dimensions given for individual parcels do not add up to the overall dimension of the
block. The boundaries are unclear. The acreage and location of the property are missing.
Preparing a new survey.
c. The survey indicates that Pier 60 Drive is to be vacated, yet no vacation request has been
submitted, nor do the plans indicate that the area of Pier 60 Drive is included within the
site plan. Will remove from plans.
e. The site data table must provide the existing and required site data. For application
sufficiency purposes, please organize the site data for existing, required and proposed
conditions into one table for comparative purposes. The acreage needs to be clarified.
Will provide.
f. The site data table indicates a 1.23-acre off-site tract as being part of this request. It is
unclear as to where this 1.23-acre tract is located and the plans submitted do not indicate
such location either. Will clarify.
g. A cover sheet with index is missing for the architectural plans. (This can be corrected by
including them into one master plans submittal.) The plans are larger than 24" x 36" in
size. Will provide and reduce plans to fit on smaller sheets.
h. Sheets A-5/A-6 of Architectural Elevations: Will clarify and revise.
1. Unclear as to meaning of "maximum height" of the towers; and
2. Both Towers 2 and 3 are dimensioned at 148' -11" above FEMA, yet the maximum
height for Tower 2 is stated at 3'-11" on Sheet A-5 and the maximum height for
Tower 3 is stated at 2' -11." Revise for consistency.
1. Sheet A-6 - Light fixtures (VCM Medium Scale) - pasted over written material next to it,
covering up some verbiage. Move over to uncover written material. Will clarify.
J. Sheet A-8 - Condo Tower II - stated as "3 sty over parking" but really is "13 sty over
parking." Revise. Will revise.
k. Sheet A-4 - Scale of Sections indicated as 1 '=1/16", but are not correct to scale.
Planning staff cannot verify information presented if scale is incorrect. Revise. Will
reVlse.
1. Sheets A-5, A-6, A-7, A-8 and A-9:
1. Scale of Elevations indicated as 1"=20', but are not correct to scale. Planning staff
cannot verify information presented if scale is incorrect. Revise. Will revise.
2. Elevations leave much to the imagination as to materials and colors being proposed.
Suggest greater specificity through larger scale drawings for one tower, restaurants,
clubhouse, a typical retail unit and a typical townhouse. Will provide overall plans to
Page 3 of 5
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show concept and overall appearance and augment with specific drawings for typical
townhouse, retail, restaurant, condo tower, etc. so that the materials and color of
different building elements are clearly portrayed.
m. Sheet A-5 - The drawing indicates there will be a separation of 180 feet between Tower
IV and the Belle Harbor tower. It would be helpful if the drawing would also show the
height of the Belle Harbor tower in relation to the proposed Tower IV. Will provide
reduced drawing with the southernmost building in Belle Harbor.
n. Site Plan Sheet 8/27 - Parallel parking is proposed along the north side of Pier 60 Drive
and the east side of Poinsettia Avenue. Sections A-A & B-B on Sheet 17/27 do not
indicate proposed parallel parking. Revise. Will revise.
o. The Engineer's plans refer to the Architect's plans for the parking space layout. The
Architectural plans Sheets A-I, A-2 and A-3 do not show the number of parking spaces
in a row, the length and width of parking spaces (including handicap spaces), the width of
drive aisles and the location of columns (which cannot restrict the dimensional
requirements of parking spaces and drive aisles). These details are necessary to be shown
on the plans. Will revise.
p. Parallel parking spaces are being proposed to be constructed on Pier 60 Drive and
Poinsettia A venue and angled parking spaces are being proposed to be constructed on
Baymont Street. These parking spaces cannot be counted toward any required parking
for this development, as they would be available to the general public. Will remove from
counts on plans but will be used in parking study.
q. Parallel parking space stall length must be dimensioned for spaces on Pier 60 Drive and
on Poinsettia A venue. The angle, depth of stall to curb and width of the angled spaces
within Baymont Street must also be dimensioned. Will revise to be clearly indicated.
r. Submitted plans are confusing as structures shown along the boardwalk on the
architectural plans do not show up on the engineering plans, such as an amphitheatre, a
lighthouse and an outdoor deck on the east side of "Frenchies." Additionally, plans are
inconsistent with each other, such as the footprint of "Frenchies." Will coordinate plans.
The Fire Department will be looking closely at fire access to the project, given the
proposed vacation of East Shore. Concern was raised about providing sufficient width
and stability along the boardwalk.
3. Transfer of Development Rights Application:
1. The application indicates the proposed transfer of four units from 620 Bayway
Boulevard. Based on the site area of 14,577 square feet (as documented through the
approval of Case # FLD2002-11039) and a maximum density of 30 units per acre, the
sending site is only permitted nine dwelling units. The sending site was approved under
FLD2002-11039 for the development of six dwelling units. Therefore, only three
dwelling units can be transferred from the sending site to this project, not four dwelling
units as proposed. Further research indicates that one unit from 620 Bayway Blvd. is
being used for TDR for 120 Brightwater Dr. Only two units can be transferred. Will
submit revised sales contract.
2. The application indicates the proposed transfer of four units from 674 Bayway
Boulevard. Based on the site area of 14,577 square feet (as documented through the
approval of Case # FLD2002-11038) and a maximum density of 30 units per acre, the
sending site is only permitted nine dwelling units. The sending site was approved under
FLD2002-11038 for the development of six dwelling units. Therefore, only three
Page 4 of 5
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dwelling units can be transferred from the sending site to this project, not four dwelling
units as proposed. Will submit amended sales contract.
3. The documentation submitted for the Transfer of Development Rights totals 27 units
(although being reduced to 25 units as per "a" and "b" above. However, the site data
table indicates a 20 percent transfer of 64 units. Insufficient documentation has been
submitted for the additional 37 dwelling units to be transferred to this receiving site.
Additional units are being transferredfrom the Pelican Walk property. Will submit sales
contract and calculations.
4. The site data indicates 4.8 acres in Block 1 (south) and 5.35 acres in Block 2 (north),
which totals 10.15 acres. At a maximum density of 30 units per acre, a total of 304
dwelling units may be permitted. The site data table indicates, however, that there is a
total of 10.67 acres being used for density calculation. It is unclear where the additional
0.52 acres is being accounted for. The application states the property is 11.38 acres. Will
revise acreage totals and calculations of density to be clear.
5. The proposed project is a mixed use project, containing both residential and
nonresidential uses. The submitted proposal assumes maximum development at 30 units
per acre. This means that all development potential has been utilized and no
nonresidential uses are permitted. Alternately, the proposal must be modified to provide
a reduction factor for nonresidential floor area prior to calculating the maximum number
of dwelling units that may be permitted on the site. Will provide calculations of density.
Additional Staff comments:
1. The Development Agreement needs to include proposed improvements in the rights-of-
way (e.g. terminus for Pier 60 Drive, Poinsettia and Baymont Streets). Will include;
questions were raised about what the City would provide in terms of incentives (e.g.
impact fee waivers, etc.) and what the applicant could perform (actual construction of
improvements, contribution of monies towards improvements, etc.).
2. The number of slips in the marina need to be clarified - either 100 or 250 slips. Will
show 100 existing slips as part of a marina open to the public.
3. The amendment to "Beach by Design" should be narrowed to only affect the Marina-
Residential District, as a new bullet item. Verify that the project meets the specific
requirement that "structures between the Causeway and Baymont Street exceeding 35
feet in height shall occupy no more than 50 percent of the property frontage along the
Intra-coastal waterway". Jerry would like to discuss the amendment further with staff at
a separate meeting. Will verify the heightlfrontage requirement.
4. Provide details about how this proposal meets all of the Design Guidelines in "Beach by
Design" on a point by point basis. Will provide and will also be seeking relief from the
criterion that limits jloorplates to 10,000 square feet (at a height between 100 - 150 feet).
5. Provide a single point of contact through which all correspondence and submittals shall
be funneled to/from the City. Jerry Figurski is the contact from the applicant. Wayne
Wells is the staff contact assigned to the case from the City.
6. Staff has had conversations with interested parties about this application. We have and
will continue to provide the facts about the submittal. No opinions about it are being
offered. Understood.
7. Jerry stated the plans will be revised and resubmitted on April 16 (next deadline) for
review by DRC in May. They will take back the extra sets of submitted
plans/applications and revise/supplement. Applicant took plan sets and will resubmit.
S:\Planning DepartmenflC D B\FLEWncomplete\Poinsettia 409 Bluewater Isle Condominiums\Poinsettia 409 meeting notes re incomplete and
insufficiency. doc
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Blue Water Isle Resort
Needed:
. Sight Distance Triangles must be shown on both the Site and
Landscape plans.
. 20' x 20' Sight Distance Triangles from the property line must be
shown at all access entrances/driveways per (City of Clearwater's
Land Development Code Book).
. Show the proper angle in degrees for the parking spaces along south
side of Baymont Street.
. Applicant must include detailed parking layout for the parking garage.
. Label existing sidewalk, driveway/points of access and parking spaces.
. Label all proposed points of access.
. Show City standard loading space
. If Applicant considers having a gate into the site, the site plan must
show the structure and how it will be operated.
. Provide Signs and Stripping detail
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
PLANNING DEPARTMENT
March 26, 2003
Mr. Gerald A. Figurski, Esquire
2435 US Hwy. 19, Suite 350
Holiday, FL 34691
Re: FLD2003-03014/DV A2003-00001/TDR2003-00002, 409 Poinsettia Avenue
SENT VIA EMAIL TO:
fig:@fulaw.net and BucfanOO@tampabav.rr.com
Dear Mr. Figurski:
The Planning staff has reviewed your applications for Flexible Development, Development
Agreement, Amendment to Beach by Design, and Transfer of Development Rights. Staff has
determined that the submittal is incomplete. Section 4-202 of the Community Development
Code states that if an application is deemed incomplete, the deficiencies of the application shall
be specified by Staff. No further action development review shall be taken until then
deficiencies are corrected and the application is deemed complete. The next submittal deadline
is April 16, 2003 (noon) to be reviewed for sufficiency by the Development Review Committee
(ORe) on May 15, 2003.
The following items and/or information are required in order to make your application complete:
1. Property Ownership:
a. Originals of the Affidavits of Ownership were not submitted.
b. Affidavits do not contain all property owners for each address within the subject
property, as contained within the Pinellas County property appraiser database.
c. Affidavits are missing for the following addresses:
. 400, 402, 404, 422, 426, 428, 448, 450, 452, 454, 466, 469, 473 East
Shore Drive and Lots 10 and part of 11 (Block B of Replat of Clearwater
Beach Park);
. 409,429,453,471,475 Poinsettia Avenue; and
. 51 Baymont Street
d. Not all affidavits were not signed or notarized.
2. Parcel identification numbers for all parcels that are part of this request have not been
submitted. This was left off the application as well.
3. Consent from mortgage holder of the sending parcel regarding the transfer of
development rights;
BRIAN). AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BILL)ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
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Figurski
March 26, 2003 - Page Two
4. Site Plan does not include the property known as Pelican Walk although included in the
affidavit of ownership and survey is submitted. The survey is required to be signed and
sealed. Clearly indicate the relationship between the existing site at 483 Mandalay
Avenue with the project site in terms oflong term use, access, parking, FAR, etc.
5. Signage (freestanding and attached) has not been submitted as part of the proposal.
While not part of a completeness review, I have provided preliminary information about the
sufficiency of the applications. More comments will be provided by the DRC once the
applications are deemed complete. This may require resubmittal of plans and applications.
General Comments related to the sufficiency of the application
1. Affidavits of Ownership:
a. 401 East Shore - Unclear as to who signed the affidavit; the notary indicated that she
personally appeared before herself to sign the affidavit, not the owner.
b. 403 East Shore, Beach Enterprises of Clw, Inc. (Beverly C. Dollar) - Listed on sheet of
property owners as Beverly C. Dollar, not Beach Enterprises of Clw, Inc.
c. 405 East Shore, GLA Properties, Inc. - Listed on your sheet of property owners as GLA
Properties, Inc., but signed by George G. Glen and AlIa L. Glen.
d. 408 East Shore, Traveler Motel - Listed on your sheet of property owners as Traveler
Motel, but signed by Edwin and Lea Day.
e. 409 East Shore, Lev N. Doktorsky - Address of property listed as 409 East Shore Dr. #7.
Unclear as to #7. Are there #1 through #6 also? Listed on your sheet of property owners
as Lev. N. Doktorsky, but signed by Lev and Eugenia Doktorsky.
f. 411 East Shore, Kathryn of Cantaberry - Unclear whom Deborah L. Wells is in relation
to Kathryn of Cantaberry.
g. 423 East Shore, Anastasia Kouthemantis listed on sheet of property owners; affidavit lists
Aristotelis Kouthemantis on the top and notary recognized Aristotelis Kouthemania.
h. 443 East Shore, Penelope Patapis, The Estate of Steve Patapis, Dino Patapis - Signed by
Dean Patapis; no signature of Penelope Patapis; unclear as to relationship to The Estate of
Steve Patapis.
1. 446 East Shore, Domenico G. Forlini and Fulvia Forlini - Fulvia Forlini not listed at top
of affidavit as a property owner.
J. 451 Poinsettia A venue, Dolores M. Hartman as Trustee or The Hartman Trust - Probably
should be listed as Trustee "of' The Hartman Trust; "Trustee of The Hartman Trust" not
listed as part of property owner's name at top of affidavit.
k. 472 East Shore, Susan Stephans and Doris Stephans - Affidavit only lists Susan Stephans
as the property owner and only signed by Susan Stephans.
1. 479 East Shore (Condominium) -
~ Unit # not listed for owners;
Mark Tilly - Mary Ellen Tilly also listed at top of affidavit as a property owner but did
not sign; Chiavatti Development Corporation - Affidavit not notarized; listed on your
sheet of property owners as "Chiavatti Development Corporation" but listed at the
.
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Figurski
March 26, 2003 - Page Three
top of the affidavit as "Chiavatti Development, Inc."; unclear as to signatory's
relationship to Chiavatti Development, Inc..
~ David Desaulniers - Incorrectly spelled last name on your sheet of property
owners as David Desaulairnes .
~ Sid and Minerva Guirguis - Signed by only one person; not notarized.
m. 449 East Shore, Ismet Deletioglu - This should be added to is not on your property owner
list.
n. 53-63 Baymont and 480-490 East Shore, James and Jane Yearout - Janet Yearout on
property appraiser's list for 53 Baymont.
o. Pelican Walk Shopping Center - Address not listed; legal description is not attached to
the affidavit as indicated.
p. 483 East Shore, Coral Resort Condominiums, signed by Peggy Hornung but not clear
about her relationship to the property; property appraiser has several owners associated
with this site.
q. Commercial Lot (parking), Barbour-Morrow Sub Block B, Lot 8, signed by Michael
Preston; name not included as part of notary requirement, added statement "Property
Owner reserves the right to withdraw this application at anytime" renders this a
conditional authorization.
r. 485 Poinsettia, Michael Preston; added statement "Property Owner reserves the right to
withdraw this application at anytime" renders this a conditional authorization.
s. 419 East Shore, Michael Preston; name not included as part of notary requirement, added
statement "Property Owner reserves the right to withdraw this application at anytime"
renders this a conditional authorization; need original.
2. Flexible Development Application:
a. Description of the request needs to be included, as well as all reductions in setbacks,
landscape buffers and required parking, as well as all increases in height (setbacks and
landscape buffers, measured from the front property line and/or seawall, include not only
vertical structures but also pavement, patios, decks, etc).
b. Clarify acreage. The application states 11.38 acres but that is not easily verified on the
site plans.
3. Site Plans:
a. The application should be collated into one master package with a master cover sheet and
index (would be extremely helpful).
b. The survey by Tampa Bay Land Surveying, Inc. is insufficient. The survey is a boundary
survey but does not include all bearings and dimensions of the area of the survey.
Dimensions given for individual parcels do not add up to the overall dimension of the
block. The boundaries are unclear. The acreage and location of the property are missing.
c. The survey indicates that Pier 60 Drive is to be vacated, yet no vacation request has been
submitted, nor do the plans indicate that the area of Pier 60 Drive is included within the
site plan.
e. The site data table must provide the existing and required site data. For application
sufficiency purposes, please organize the site data for existing, required and proposed
conditions into one table for comparative purposes. The acreage needs to be clarified.
.
.
Figurski
March 26, 2003 - Page Four
f. The site data table indicates a 1.23-acre off-site tract as being part of this request. It is
unclear as to where this 1.23-acre tract is located and the plans submitted do not indicate
such location either.
g. A cover sheet with index is missing for the architectural plans. (This can be corrected by
including them into one master plans submittal.) The plans are larger than 24" x 36" in
SIze.
h. Sheets A-51 A-6 of Architectural Elevations:
1. Unclear as to meaning of "maximum height" of the towers; and
2. Both Towers 2 and 3 are dimensioned at 148'-11" above FEMA, yet the maximum
height for Tower 2 is stated at 3'-11" on Sheet A-5 and the maximum height for
Tower 3 is stated at 2' -II." Revise for consistency.
1. Sheet A-6 - Light fixtures (VCM Medium Scale) - pasted over written material next to it,
covering up some verbiage. Move over to uncover written material.
J. Sheet A-8 - Condo Tower II - stated as "3 sty over parking" but really is "13 sty over
parking." Revise.
k. Sheet A-4 - Scale of Sections indicated as 1'=1116", but are not correct to scale.
Planning staff cannot verify information presented if scale is incorrect. Revise.
1. Sheets A-5, A-6, A-7, A-8 and A-9:
1. Scale of Elevations indicated as 1"=20', but are not correct to scale. Planning staff
cannot verify information presented if scale is incorrect. Revise.
2. Elevations leave much to the imagination as to materials and colors being proposed.
Suggest greater specificity through larger scale drawings for one tower, restaurants,
clubhouse, a typical retail unit and a typical townhouse.
m. Sheet A-5 - The drawing indicates there will be a separation of 180 feet between Tower
IV and the Belle Harbor tower. It would be helpful if the drawing would also show the
height of the Belle Harbor tower in relation to the proposed Tower IV.
n. Site Plan Sheet 8/27 - Parallel parking is proposed along the north side of Pier 60 Drive
and the east side of Poinsettia Avenue. Sections A-A & B-B on Sheet 17/27 do not
indicate proposed parallel parking. Revise.
o. The Engineer's plans refer to the Architect's plans for the parking space layout. The
Architectural plans Sheets A-I, A-2 and A-3 do not show the number of parking spaces
in a row, the length and width of parking spaces (including handicap spaces), the width of
drive aisles and the location of columns (which cannot restrict the dimensional
requirements of parking spaces and drive aisles). These details are necessary to be shown
on the plans.
p. Parallel parking spaces are being proposed to be constructed on Pier 60 Drive and
Poinsettia A venue and angled parking spaces are being proposed to be constructed on
Baymont Street. These parking spaces cannot be counted toward any required parking
for this development, as they would be available to the general public.
q. Parallel parking space stall length must be dimensioned for spaces on Pier 60 Drive and
on Poinsettia A venue. The angle, depth of stall to curb and width of the angled spaces
within Baymont Street must also be dimensioned.
.
.
Figurski
March 26, 2003 - Page Five
r. Submitted plans are confusing as structures shown along the boardwalk on the
architectural plans do not show up on the engineering plans, such as an amphitheatre, a
lighthouse and an outdoor deck on the east side of "Frenchies." Additionally, plans are
inconsistent with each other, such as the footprint of "Frenchies."
3. Transfer of Development Rights Application:
a. The application indicates the proposed transfer of four units from 620 Bayway
Boulevard. Based on the site area of 14,577 square feet (as documented through the
approval of Case # FLD2002-11039) and a maximum density of 30 units per acre, the
sending site is only permitted nine dwelling units. The sending site was approved under
FLD2002-11039 for the development of six dwelling units. Therefore, only three
dwelling units can be transferred from the sending site to this project, not four dwelling
units as proposed.
1. The application indicates the proposed transfer of four units from 674 Bayway
Boulevard. Based on the site area of 14,577 square feet (as documented through
the approval of Case # FLD2002-11038) and a maximum density of 30 units per
acre, the sending site is only permitted nine dwelling units. The sending site was
approved under FLD2002-11038 for the development of six dwelling units.
Therefore, only three dwelling units can be transferred from the sending site to
this project, not four dwelling units as proposed.
2. The documentation submitted for the Transfer of Development Rights totals 27
units (although being reduced to 25 units as per "a" and "b" above. However, the
site data table indicates a 20 percent transfer of 64 units. Insufficient
documentation has been submitted for the additional 37 dwelling units to be
transferred to this receiving site.
b. The site data indicates 4.8 acres in Block 1 (south) and 5.35 acres in Block 2 (north),
which totals 10.15 acres. At a maximum density of 30 units per acre, a total of 304
dwelling units may be permitted. The site data table indicates, however, that there is a
total of 10.67 acres being used for density calculation. It is unclear where the additional
0.52 acres is being accounted for. The application states the property is 11.38 acres.
c. The proposed project is a mixed use project, containing both residential and
nonresidential uses. The submitted proposal assumes maximum development at 30 units
per acre. This means that all development potential has been utilized and no
nonresidential uses are permitted. Alternately, the proposal must be modified to provide
a reduction factor for nonresidential floor area prior to calculating the maximum number
of dwelling units that may be permitted on the site.
I would be happy to meet with you to discuss your proposal. I would recommend the key staff of
the DRC meet with you and your consultants to review each element of the submittal. I will call
you to discuss this. I may also be reached at 727-562-4504.
Sincerely,
t.J~~M.~
Wayrle Wells, Senior Planner
S:\Planning DepartmenflC D B\FLEJNncomplete\Poinsettia 409 Bluewater Isle Condominiums\Poinsettia 409 Incomplete Letter.doc
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CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRUE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
PLANNING DEPARTMENT
March 26, 2003
Mr. Gerald A. Figurski, Esquire
2435 US Hwy. 19, Suite 350
Holiday, FL 34691
Re: FLD2003-03014/DV A2003-00001/TDR2003-00002, 409 Poinsettia Avenue
SENT VIA EMAIL TO:
fig@fhlaw.net and BucfanOO@tampabav.rr.com
Dear Mr. Figurski:
The Planning staff has reviewed your applications for Flexible Development, Development
Agreement, Amendment to Beach by Design, and Transfer of Development Rights. Staff has
determined that the submittal is incomplete. Section 4-202 of the Community Development
Code states that if an application is deemed incomplete, the deficiencies of the application shall
be specified by Staff. No further action development review shall be taken until then
deficiencies are corrected and the application is deemed complete. The next submittal deadline
is April 16, 2003 (noon) to be reviewed for sufficiency by the Development Review Committee
(DRC) on May 15, 2003.
The following items and/or information are required in order to make your application complete:
1. Property Ownership:
a. Originals of the Affidavits of Ownership were not submitted.
b. Affidavits do not contain all property owners for each address within the subject
property, as contained within the Pinellas County property appraiser database.
c. Affidavits are missing for the following addresses:
\ ~ ~ A ~ ~ · 400, 402, 404, 422, 426, 428, 448, 450, 452, 454, 466, 469, 473 East
'-'("p',,5JU" Shore Drive and Lots 10 and part of 11 (Block B of Replat of Clearwater
~.L^o~ Beach Park);
~ ~; ~ . 409,429,453,471,475 Poinsettia Avenue; and
~ q ~ . 51 Baymont Street
~'-- d. Not all affidavits were not signed or notarized.
2. Parcel identification numbers for all parcels that are part of this request have not been
submitted. This was left off the application as well.
3. Consent from mortgage holder of the sending parcel regarding the transfer of
development rights;
BRIAN J, AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BlI.LJONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
"
.
e
Figurski
March 26, 2003 - Page Two
4. Site Plan does not include the property known as Pelican Walk although included in the
affidavit of ownership and survey is submitted. The survey is required to be signed and
sealed. Clearly indicate the relationship between the existing site at 483 Mandalay
A venue with the project site in terms of long term use, access, parking, FAR, etc.
5. Signage (freestanding and attached) has not been submitted as part of the proposal.
While not part of a completeness review, I have provided preliminary information about the
sufficiency of the applications. More comments will be provided by the DRC once the
applications are deemed complete. This may require resubmittal of plans and applications.
General Comments related to the sufficiency of the application
1. Affidavits of Ownership:
a. 401 East Shore - Unclear as to who signed the affidavit; the notary indicated that she
personally appeared before herself to sign the affidavit, not the owner.
b. 403 East Shore, Beach Enterprises of Clw, Inc. (Beverly C. Dollar) - Listed on sheet of
property owners as Beverly C. Dollar, not Beach Enterprises of Clw, Inc.
c. 405 East Shore, GLA Properties, Inc. - Listed on your sheet of property owners as GLA
Properties, Inc., but signed by George G. Glen and Alla L. Glen.
d. 408 East Shore, Traveler Motel - Listed on your sheet of property owners as Traveler
Motel, but signed by Edwin and Lea Day.
e. 409 East Shore, Lev N. Doktorsky - Address of property listed as 409 East Shore Dr. #7.
Unclear as to #7. Are there #1 through #6 also? Listed on your sheet of property owners
as Lev. N. Doktorsky, but signed by Lev and Eugenia Doktorsky.
f. 411 East Shore, Kathryn of Cantaberry - Unclear whom Deborah L. Wells is in relation
to Kathryn of Cantaberry.
g. 423 East Shore, Anastasia Kouthemantis listed on sheet of property owners; affidavit lists
Aristotelis Kouthemantis on the top and notary recognized Aristotelis Kouthemania
h. 443 East Shore, Penelope Patapis, The Estate of Steve Patapis, Dino Patapis - Signed by
Dean Patapis; no signature of Penelope Patapis; unclear as to relationship to The Estate of
Steve Patapis.
1. 446 East Shore, Domenico G. Forlini and Fulvia Forlini - Fulvia Forlini not listed at top
of affidavit as a property owner.
J. 451 Poinsettia A venue, Dolores M. Hartman as Trustee or The Hartman Trust - Probably
should be listed as Trustee "of' The Hartman Trust; "Trustee of The Hartman Trust" not
listed as part of property owner's name at top of affidavit.
k. 472 East Shore, Susan Stephans and Doris Stephans - Affidavit only lists Susan Stephans
as the property owner and only signed by Susan Stephans.
1. 479 East Shore (Condominium)-
)0- Unit # not listed for owners;
Mark Tilly - Mary Ellen Tilly also listed at top of affidavit as a property owner but did
not sign; Chiavatti Development Corporation - Affidavit not notarized; listed on your
sheet of property owners as "Chiavatti Development Corporation" but listed at the
.
e
Figurski
March 26, 2003 - Page Three
m.
top of the affidavit as "Chiavatti Development, Inc."; unclear as to signatory's
relationship to Chiavatti Development, Inc..
~ David Desaulniers - Incorrectly spelled last name on your sheet of property
owners as David Desaulairnes .
~ Sid and Minerva Guirguis - Signed by only one person; not notarized.
449 East Shore, Ismet Deletioglu - This should be added to is not on your property owner
list.
53-63 Baymont and 480-490 East Shore, James and Jane Yearout - Janet Yearout on
property appraiser's list for 53 Baymont.
Pelican Walk Shopping Center - Address not listed; legal description is not attached to
the affidavit as indicated.
483 East Shore, Coral Resort Condominiums, signed by Peggy Hornung but not clear
about her relationship to the property; property appraiser has several owners associated
with this site.
Commercial Lot (parking), Barbour-Morrow Sub Block B, Lot 8, signed by Michael
Preston; name not included as part of notary requirement, added statement "Property
Owner reserves the right to withdraw this application at anytime" renders this a
conditional authorization.
485 Poinsettia, Michael Preston; added statement "Property Owner reserves the right to
withdraw this application at anytime" renders this a conditional authorization.
419 East Shore, Michael Preston; name not included as part of notary requirement, added
statement "Property Owner reserves the right to withdraw this application at anytime"
renders this a conditional authorization; need original.
n.
o.
p.
q.
r.
s.
2.
a.
Flexible Development Application: ,l,~af
Description of the request needs to be included, as well as all reductions in setbacks, 11.
landscape buffers and required parking, as well as all increases in height (setbacks and ~A/\l J.
landscape buffers, measured from the front property line and/or seawall, include not only 'Q~(iV'-
vertical structures but also pavement, patios, decks, etc).
Clarify acreage. The application states 11.38 acres but that is not easily verified on the
site plans.
b.
3.
a.
Site Plans:
The application should be collated into one master package with a master cover sheet and
index (would be extremely helpful).
The survey by Tampa Bay Land Surveying, Inc. is insufficient. The survey is a boundary
survey but does not include all bearings and dimensions of the area of the survey.
Dimensions given for individual parcels do not add up to the overall dimension of the
block. The boundaries are unclear. The acreage and location of the property are missing.
The survey indicates that Pier 60 Drive is to be vacated, yet no vacation request has been
submitted, nor do the plans indicate that the area of Pier 60 Drive is included within the
site plan. ~ V)O a WW
The site data table must provide the existing and required site data. For application
sufficiency purposes, please organize the site data for existing, required and proposed
conditions into one table for comparative purposes. The acreage needs to be clarified.
b.
c.
e.
The site data table indicates a 1.23-acre off-site tract as being part of this request. It is
unclear as to where this 1.23-acre tract is located and the plans submitted do not indicate
such location either.
A cover sheet with index is missing for the architectural plans. (This can be corrected by
including them intq one master plans submittal.) The plans are larger than 24" x 36" in
size. ~~ ~ ~
Sheets A-5/A-6 of Architectural Elevations: ~
1. Unclear as to meaning of "maximum height" of the towers; and
2. Both Towers 2 and 3 are dimensioned at 148' -11" above FEMA, yet the maximum
height for Tower 2 is stated at 3'-11" on Sheet A-5 and the maximum height for
Tower 3 is stated at 2' -11." Revise for consistency.
Sheet A-6 - Light fixtures (VCM Medium Scale) - pasted over written material next to it,
covering up some verbiage. Move over to uncover written material.
Sheet A-8 - Condo Tower II - stated as "3 sty over parking" but really is "13 sty over
parking." Revise.
Sheet A-4 - Scale of Sections indicated as 1 '=1116", but are not correct to scale.
Planning staff cannot verify information presented if scale is incorrect. Revise.
Sheets A-5, A-6, A-7, A-8 and A-9:
1. Scale of Elevations indicated as 1"=20', but are not correct to scale. Planning staff
cannot verify information presented if scale is incorrect. Revise.
2. Elevations leave much to the imagination as to materials and colors being proposed.
Suggest greater specificity through larger scale drawings for one tower, restaurants,
clubhouse, a typical retail unit and a typical townhouse.
Sheet A-5 - The drawing indicates there will be a separation of 180 feet between Tower
IV and the Belle Harbor tower. It would be helpful if the drawing would also show the
height of the Belle Harbor tower in relation to the proposed Tower IV.
Site Plan Sheet 8/27 - Parallel parking is proposed along the north side of Pier 60 Drive
and the east side of Poinsettia Avenue. Sections A-A & B-B on Sheet 17/27 do not
indicate proposed parallel parking. Revise.
~. The Engineer's plans refer to the Architect's plans for the parking space layout. The
~ <) Architectural plans Sheets A-I, A-2 and A-3 do not show the number of parking spaces
~,.:t. .; in a row, the length and width of parking spaces (including handicap spaces), the width of
drive aisles and the location of columns (which cannot restrict the dimensional
,/ ~~ requirements of parking spaces and drive aisles). These details are necessary to be shown
vv'? on the plans. 5u-t~.f:cw ~
~ p. Parallel parking spaces are being proposed to be constructed on Pier 60 Drive and
Poinsettia A venue and angled parking spaces are being proposed to be constructed on
Baymont Street. These parking spaces cannot be counted toward any required parking
for this development, as they would be available to the general public.
Parallel parking space stall length must be dimensioned for spaces on Pier 60 Drive and
on Poinsettia A venue. The angle, depth of stall to curb and width of the angled spaces
within Baymont Street must also be dimensioned.
~~.
'if 1.
.
.
Figurski
March 26, 2003 - Page Four
f.
g.
h.
1.
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n.
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Figurski ~~~ f' ,~ ~
March 26, 2003 - Page Five \V' \if ~.( ~ 0 ~V~ V
r. Submitted plans are confusing as structures show~~ng the boardwalk on the
architectural plans do not show up on the engineering plans, such as an amphitheatre, a
lighthouse and an outdoor deck on the east side of "Frenchies." Additionally, plans are
inconsistent with each other, such as the footprint of "Frenchies."
3. Transfer of Development Rights Application:
a. The application indicates the proposed transfer of four units from 620 Bayway
Boulevard. Based on the site area of 14,577 square feet (as documented through the
approval of Case # FLD2002-11039) and a maximum density of 30 units per acre, the
sending site is only permitted nine dwelling units. The sending site was approved under
FLD2002-11039 for the development of six dwelling units. Therefore, only .three
dwelling units can be transferred from the sending site to this project, not four dwelling
units as proposed.
:gl. The application indicates the proposed transfer of four units from 674 Bayway
~ . ~ Boulevard. Based on the site area of 14,577 square feet (as documented through
..J ~ the approval of Case # FLD2002-11038) and a maximum density of 30 units per
~ 0 ~ acre, the sending site is only permitted nine dwelling units. The sending site was
n..~~ approved under j'k22002-11038 for the development of six dwelling units.
'\:S~. ~ Therefore, only t~ dwelling units can be transferred from the sending site to
. this project, not four dwelling units as proposed.
2. The documentation submitted for the Transfer of Development Rights totals 27
units (although being reduced to 25 units as per "a" and "b" above. However, the
site data table indicates a 20 percent transfer of 64 units. Insufficient
documentation has been submitted for the additional 37 dwelling units to be
transferred to this receiving site.
site data indicates 4.8 acres in Block 1 (south) and 5.35 acres in Block 2 (north),
ich totals 10.15 acres. At a maximum density of 30 units per acre, a total of 304
dwelling units may be permitted. The site data table indicates, however, that there is a
total of 10.67 acres being used for density calculation. It is unclear where the additional
0.52 acres is being accounted for. The application states the property is 11.38 acres.
The proposed project is a mixed use project, containing both residential and
nonresidential uses. The submitted proposal assumes maximum development at 30 units
per acre. This means that all development potential has been utilized and no
nonresidential uses are permitted. Alternately, the proposal must be modified to provide
a reduction factor for nonresidential floor area prior to calculating the maximum number
of dwelling units that may be permitted on the site. 7{- ~f ~ ~r re/lt.:P ~ z::: c/o
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I would be happy to meet with you to discuss your proposal. I would recommend the key staff of
the DRC meet with you and your consultants to review each element of the submittal. I will call
you to discuss this. I may also be reached at 727-562-4504.
. ~ / ~ ~ f- R~/'6~~rr
Sincerely, ~ ~" ~rs tb fJ..KvJ/rlu.. u-u rU",-
" 0~,....c..M~ - u (~
"\lvU Wayrle Wells, Senior Planner
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Page 1 of 1
Fierce, Lisa
From: Harriger, Sandy
Sent: Thursday, March 06, 2003 10:21 AM
To: Owens, Reginald W.; Tarapani, Cyndi; Akin, Pam; Arasteh, Mahshid; Quillen, Michael; Barrett, Earl;
Morris, William; Matthews, Douglas E.; Simmons, Margie; Bahnick, Glen; Fierce, Lisa; Gerlock,
Frank; Campos, Geraldine
Cc: Wilson, Denise A.; Phillips, Sue; Arline, Maurey; Haines, Angel; Manni, Diane; Burgess, Laura;
Yellin, Catherine; Barden, Carol
Subject: Bluewater Bay Developer Meeting Scheduled
All, the second meeting of the Quick Response Team (includes Bill, Garry & Ralph also) has been scheduled with
the developers of this project for Friday, March 14th at 10:30 am at City Hall in the 2nd floor Training Room.
Developer representatives who will be attending this meeting are: Bill Sturdivant, Bob Metz, Jerry Figurski, Ed
Hooper and 1 or 2 others.
This has been placed on all your calendars with the following exception:
Mashid Arasteh & Mike Quillen will not be able to attend: Glen Bahnick attended the internal QRT yesterday along
with Mashid & Mike and he will be able to address any issues Public Works has about the development for them
at this next meeting.
Thanks!
Sandy Harriger
Admin. Analyst - City Manager's Office
727 -562-4039
3/6/2003
.
e
Fierce, Lisa
From:
Sent:
To:
Cc:
Subject:
Akin, Pam
Thursday, March 06, 2003 10:32 AM
Owens, Reginald W.; Phillips, Sue; Wilson, Denise A.; Tarapani, Cyndi; Morris, William;
Matthews, Douglas E.; Simmons, Margie; Fierce, Lisa; Quillen, Michael; Arasteh, Mahshid;
Barrett, Earl; Campos, Geraldine
Harriger, Sandy
RE: Bluewater Development Company
was thinking through the issue of potentially swapping or selling the City owned "grass parking" areas. In addition to the
Charter, zoning and reverter issues, it occurred to me that I don't know exactly how much should be preserved (if any) as
right of way for potential expansion, sidewalks, utilities etc. Could someone describe exactly what it is we think is surplus?
We will need a survey and legal description so that Earl can obtain an appraisal.
--mOriginal Messa emu
From: Owens, Re
Sent: Thursday, March 06, 2003 8:48 AM
To: Phillips, Sue; Wilson, Denise A.; Akin, Pam; Tarapani, Cyndi; Morris, William; Matthews, Douglas E.; Simmons, Margie; Fierce, Lisa;
Quillen, Michael; Arasteh, Mahshid; Barrett, Earl; Campos, Geraldine
Cc: Harriger, Sandy
Subject: Bluewater Development Company
Please review this first cut at an agenda for next week, and send back to me your "bullet points" today - the final
compilation will then be sent to Pam tomorrow for final editing. Please place in parenthesis the number of months
expected for each line item if known)
BLUEWATER BAY PROJECT PROGRAMMING
AGENDA
March 14, 2003
1. Remedy potential title issues associated with the North 30' parcel owned by the City (reverter clause in
favor of heirs of the Taylor Family) - (Bluewater cost item)
2. Petition for a Rezoning of the City owned North 30' (Bluewater cost item)
3. Prepare appraisal of City owned property (City cost item)
4. Prepare Interlocal Agreement to comply with CAFRA requirements for a Designated Redevelopment Area
(City lead)
5. Prepare Findings of Necessity for redevelopment area - public process (Bluewater cost item)
6. Prepare detailed Project financial Pro-Forma and Partnership Financial Capability documentation for City
review (Bluewater responsibility)
7. Prepare detailed Critical-Path Pre-Construction and Construction time-line schedule (Bluewater
responsibility)
8. Prepare project briefing on parking being provided for project use, parking being provided for public use
(Bluewater responsibility)
9. Prepare Development Agreement between City and Bluewater Development LLC (Bluewater responsible
for draft preparation)
10. Institute validation process for proposed use of Industrial Development Bonds (City lead)
11. Prepare Project Site Plan/application (Bluewater responsibility)
1
~
Fierce, Lisa
,
.
.
Cc:
Subject:
Tarapani, Cyndi
Thursday, March 06, 2003 9:26 AM
Owens, Reginald W.; Phillips, Sue; Wilson, Denise A.; Akin, Pam; Morris, William; Matthews,
Douglas E.; Simmons, Margie; Fierce, Lisa; Quillen, Michael; Arasteh, Mahshid; Barrett, Earl;
Campos, Geraldine
Harriger, Sandy
RE: Bluewater Development Company
From:
Sent:
To:
Cyndi T arapani
Planning Director
(727)562-4547
ctarapan@clearwater-fl..com
-----Original Message-----
From: Owens, Reginald W.
Sent: Thursday, March 06, 2003 8:48 AM
To: Phillips, Sue; Wilson, Denise A.; Akin, Pam; Tarapani, Cyndi; Morris, William; Matthews, Douglas E.; Simmons, Margie; Fierce, Lisa;
Quillen, Michael; Arasteh, Mahshid; Barrett, Earl; Campos, Geraldine
Cc: Harriger, Sandy
Subject: Bluewater Development Company
Please review this first cut at an agenda for next week, and send back to me your "bullet points" today - the final
compilation will then be sent to Pam tomorrow for final editing. Please place in parenthesis the number of months
expected for each line item if known)
BLUEWATER BAY PROJECT PROGRAMMING
AGENDA
March 14, 2003
1. Remedy potential title issues associated with the North 30' parcel owned by the City (reverter clause in
favor of heirs of the Taylor Family) - (Bluewater cost item)
2. [Tarapani, CyndiJ Application for a [Tarapani, CyndiJ Plan amendment and Rezoning of the City
owned North 30' (Bluewater cost item)
3. Prepare appraisal of City owned property (City cost item)
4. Prepare Interlocal Agreement to comply with CAFRA requirements for a Designated Redevelopment Area
(City lead)
5. Prepare Findings of Necessity for redevelopment area - public process (Bluewater cost item
6. Prepare detailed Project financial Pro-Forma and Partnership Financial Capability documentation for City
review (Bluewater responsibility)
7. Prepare detailed Critical-Path Pre-Construction and Construction time-line schedule (Bluewater
responsibility)
8. Prepare project briefing on parking being provided for project use, pa,1.l. ~ ....-1-9 pr...."idsd fer "111 ~I:. llie" ~
(Bluewater responsibility)
9. Prepare Development Agreement between City and Bluewater Development LLC (Bluewater responsible
for draft preparation [Tarapani, CyndiJ and revisions)
10. Institute validation process for proposed use of Industrial Development Bonds (City lead)
1
,
Vf'?~ r~~ vfl~ I:f;P
(Bluewater ,l~:lbIlRv)fu' oJ ~ /{)
12. Prepare Project Traffic Analysis study (Bluewater responsibility) [Tarapani, CyndiJ Mashid and Mike-
will the applicant have to do new traffic counts? If so, we should probably list that as part of the analysis.
~
13. Process Project plans for DRI review and approval (Bluewater responsibility) [Tarapani, CyndiJ I don't
think the land-based part of the project will trigger a DRI except for the Marina part so this could be grouped
i with #16 and 17.
14. Institute process for amending Land Use Plan (DCA/PPC/BOCC) (City leadlBluewater cost responsibility)
[Tarapani, CyndiJ I added this to #2 since they are processed together.
15. Amend Beach By Design (Public process/Commission approval) (City lead/Bluewater cost responsibility)
[Tarapani, CyndiJ I think we need to discuss internally whether or not the City wants to be the applicant on
amending Beach by Design. , ~~ ~.: . r! A ;; d~
16. Prepare Sea Grass Study for Marina (Bluewater responsibllRv>! Wllf1,&0 'Diu. '7 /~
17. Undertake due diligence for regulatory approval 05;' aM rin (Bluewater responsibility)
[18- Transfer of Development Rights Application ' .
19-5treet Vacation Application-runs with #12 wi Ct ~ /'LtJ (Jera~
I would recommend grouping the applications together that Bluewater must file: ie, Plan amendment
and rezoning, site plan, transfer of development rights, street vacation and development agreement.
I would also recommend putting these in order that they should occur-for example, amending Beach
By Design should be at the top of the list along with the financing issues.
I am reluctant to put time frames on this since the actual time frames will be much greater than for
typical projects. Perhaps if we first put the items into chronological order, then we may be able to
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ORDINANCE NO. 6410..99
AN ORDINANCE OF THE CITY OF CLEARWATER
ESTABLISHING A LAND ASSEMBLY PROGRAM;
PROVIDING FOR THE DESIGNATION OF
REDEVELOPMENT AREAS WHERE THE CllY IS
WILLING TO USE ITS POWER OF EMINENT DOMAIN TO
ASSIST IN THE ASSEMBLY OF LAND FOR
REDEVELOPMENT PURPOSES; PROVIDING FOR
MINIMUM REQUIREMENTS FOR THE USE OF THE
POWER OF EMINENT DOMAIN TO ASSIST IN THE
ASSEMBLY OF LAND FOR REDEVELOPMENT
PURPOSES; PROVIDING FOR A PETITION FOR
ASSEMBLY ASSISTANCE; PROVIDING PROCEDURES
FOR CONSIDERATION OF A PETITION FOR ASSEMBLY
ASSISTANCE; PROVIDING CRITERIA FOR USE OF THE
POWER OF EMINENT DOMAIN TO ASSEMBLE REAL
PROPERTY FOR REDEVELOPMENT PURPOSES;
PROVIDING FOR A FINDING OF PUBLIC NECESSITY TO
ACQUIRE PROPERTY BY EMINENT DOMAIN;
PROVIDING FOR AUTHORIZATION OF THE CITY
ATTORNEY TO INITIATE EMINENT DOMAIN
PROCEEDINGS TO ACQUIRE PROPERTY FOR
REDEVELOPMENT PURPOSES.
WHEREAS, certain lands and improvements within the City of Clearwater are
deteriorated, underutilized, obsolete or otherwise in need of revitalization or
redevelopment; and
WHEREAS, lands and improvements which are deteriorated, obsolete or in need
of revitalization have a negative impact on adjacent properties in the City of Clearwater;
WHEREAS, lands and improvements which are deteriorated and in need of
revitalization have a negative fiscal impact on the City;
WHEREAS, the pattern and size of previously subdivided land and the
improvements' thereon, if any, which are deteriorated, obsolete or in need of
revitalization are an obstacle to the logical and economically feasible redevelopment;
WHEREAS, the assembly of individual parcels of land into logical redevelopment
units is necessary in order to carry out the effective revitalization and/or redevelopment
of lands and improvements which are deteriorated, obsolete or in need of revitalization;
and
(
WHEREAS, the City Commission of the City of Clearwater wishes to promote the
revitalization and/or redevelopment of lands and improvements which are deteriorated,
obsolete or in need of revitalization; now therefore,
Ordinance No. 6410-99
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BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER:
Section 1. Purpose. This ordinance is adopted in order to establish a
process governing the use of the power of eminent domain to assist in the assembly of
land necessary to carry out the redevelopment objectives of the City of Clearwater.
Section 2. Definitions. The following terms shall have meaning ascribed:
"Acquisition Pareer means an individual parcel of land within a Candidate
Revitalization/Redevelopment Area which is not controlled by the developer who
proposes to undertake revitalization or redevelopment of the Candidate
Revitalization/Redevelopment Area.
"Bona fide offel' means an offer in the amount of the fair market value of the
property as appraised by an MAl appraiser or an offer in the amount of one hundred
and twenty-five percent (125%) of the current assessed value of the property according
to the Tax Assessor of Pinellas County.
"Candidate Revitalization/Redevelopment Area" means an area of land located
in a City of Clearwater Revitalization/Redevelopment Area which is a logical and
appropriate for unit of land for the revitalization and/or redevelopment.
"Contror means an owner of an interest in real property or the holder of a
contract to purchase an interest in real property which provides for specific performance
in favor of the contract purchaser or other enforceable agreement for the coordinated
revitalization and/or redevelopment of a Candidate RevitalizationlRedevelopment Area.
"City of Clearwater RevitalizationlRedevelopment Area" means an area within
the corporate limits of the City of Clearwater which is designated by resolution of the
City Commission of the City of Clearwater as deteriorated, obsolete or in need of
revitalization or redevelopment which is appropriate for revitalization and/or
redevelopment. A City of Clearwater Revitalization/Redevelopment Area mayor may
not also be a Community Redevelopment Area under Part '" of Chapter 163 of the
Florida Statutes (1997).
"Developel' shall have the meaning set out in section 380.0 Fla. Stat. (1997).
I
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Section 3. Designation of a City of Clearwater
RevitalizatiolJlRedevelopment Area. The City Commission of the City of Clearwater
may, from time to time, designate by resolution certain areas located within the
corporate limits of the City of Clearwater as City of Clearwater Revitalization/
Redevelopment Areas. The Commission shall determine that such areas are
deteriorated, obsolete or in need of revitalization or redevelopment, are appropriate for
revitalization and/or redevelopment and that it is logical and appropriate that individual
parcels of land should be assembled into logical and appropriate units of land which will
2
Ordinance No. 6410-99
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allow for desired revitalization and/or redevelopment.
Section 4. Eligibility for land Assembly Assistance. Any developer who
controls at least sixty percent (60%) of the privately owned property within a Candidate
Revitalization/Redevelopment Area and who shall have made a bona fide offer to
purchase the balance of the property within the designated Candidate
Revitalization/Redevelopment Area shall be eligible to initiate an exercise of the City's
power of eminent domain to assist in the assembly of an Acquisition Parcel in
accordance with the provisions of this Ordinance.
Section 5. Petition for land Assembly Assistance. A developer eligible to
initiate an exercise of the City's power of eminent domain to assist in the assembly of a
Candidate Revitalization/ Redevelopment Area, may initiate the land assembly
assistance process for the purpose of acquiring one or more Acquisition Parcels by
filing a Petition for land Assembly Assistance with the City Clerk of the City of
Clearwater along with:
(a) a description of the boundaries of the Candidate Revitalization/
Redevelopment Area where the Acquisition Parcel(s) proposed to be acquired is/are
located;
(b) a sworn statement that the Petitioner controls at least sixty percent (60%)
of the Candidate Revitalization/Redevelopment Area in which the Acquisition Parcel(s)
proposed to be acquired is/are located;
(c) a description of the developer's proposed revitalization or redevelopment
program together with a sworn estimate of the fair market value of the proposed
redevelopment when completed;
(d) a sworn statement that the Petitioner has made a bona fide offer to
purchase the Acquisition Parcel(s) from the owner of record, which offer was open for a
period of at least thirty (30) days, and that the offer was not accepted; and
(e) a proposed land Assembly Agreement.
Section 6. land Assembly Agreement A developer seeking land
assembly assistance shall submit a proposed land Assembly Agreement to the City at
the time of filing a Petition for land Assembly Assistance. The proposed land
Assembly Agreement shall set out the terms and conditions including the maximum
amount of money the developer would be willing to pay to acquire the property for
which land assembly assistance is sought.
Section 7. land Assembly Assistance Criteria. The following criteria shall
be considered in determining whether a Petition for land Assembly Assistance should
be granted:
(a) The Candidate Revitalization/Redevelopment Area is a logical unit of
3
Ordinance No. 6410-99
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revitalization or redevelopment in the context of the City's Comprehensive Plan.
(b) The proposed revitalization/redevelopment will further the City's
revitalization and/or redevelopment goals and objectives in the City's Comprehensive
Plan.
(c) The proposed revitalization and/or redevelopment program is unlikely to
occur without land assembly assistance.
(d) The Petitioner controls at least sixty percent (60%) of the Candidate
Revitalization/Redevelopment Area in which the Acquisition Parcel(s) proposed to be
acquired is/are located.
(e) Petitioner has made a bona fide offer to purchase the Acquisition
Parcel(s) from the owner of record, which offer was open for a period of at least thirty
(30) days, and that the offer was not accepted
(1) The Petitioner demonstrates the qualifications, experience and financial
capacity to carry out the proposed program of revitalization and/or redevelopment.
(g) The proposed revitalization and/or redevelopment program will be
economically successful.
(h) The proposed revitalization and/or redevelopment program will have a
positive fiscal impact on the City of Clearwater taking into consideration any costs to be
assumed by the City of Clearwater in carrying out the proposed land assembly
assistance.
Section 8. Recommendation. Within thirty (30) days after receipt of a
complete Petition for land Assembly Assistance, the City Manager, with the advice and
counsel of the City Attorney, shall prepare a recommendation in regard to the Petition
for land Assembly Assistance unless the City Manager determines that the proposed
redevelopment and/or revitalization program is inconsistent with the Comprehensive
Plan of the City of Clearwater or is likely to have a negative fiscal impact on the City
based on the criteria in Section 7. In the event that the Petition includes a proposal to
reimburse the City for any and all expenses incurred by the City in providing land
assembly assistance and the City Manager finds that the proposed land assembly
assistance satisfies each of the criteria in Section 7, the City Manager shall recommend
that the City Commission authorize the execution of the proposed land Assembly
Agreement and initiate acquisition proceedings. In the event that the Petition does not
include a proposal to reimburse the City for any and all expenses incurred by the City in
providing land assembly assistance, the City Manager shall base his or her
recommendation on the extent to which the proposed land assembly assistance
satisfies the criteria of Section 7.
Section 9. Authorization to Acquire Acquisition Parcels. The City
Manager's recommendation shall be considered by the City Commission at a public
4
Ordinance No. 6410-99
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meeting. In the event that the Petition includes a proposal to reimburse the City for any
costs incurred by the City in providing land assembly assistance, the City Commission
shall authorize the execution of the proposed land Assembly Agreement and initiate
acquisition proceedings if the Commission determines that the proposed land assembly
satisfies the land Assembly Assistance Criteria set out in Section 7 of this Ordinance.
In the event that the Petition does not include a proposal to reimburse the City for any
and all expenses incurred by the City in providing land assembly assistance, the City
Commission shall also base its decision on the extent to which the proposed land
assembly assistance will have a positive or negative fiscal impact on the City of
Clearwater.
Section 10. Disposition of Redevelopment Parcels. After the City of
Clearwater has completed acquisition of a Redevelopment Parcel, the City shall convey
the property to the developer subject only to the requirements of the Charter of the City
of Clearwater and reimbursement pursuant to the terms and conditions of the land
Assembly Agreement. In the event that the City is required to give notice and accept
competitive bids in regard to the disposition of a Redevelopment Parcel, the City shall
specify the assembly of the parcels of land within a Candidate
Revitalization/Redevelopment Area as a condition of a qualifying bid or proposal.
Section 11. Effective Date. This ordinance shall take effect immediately upon
adoption.
PASSED ON FIRST READING
May 6. 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
May 20, 1999
Jed as to form:
Pam I~. Akin, City Attorney
Attest:
u - ~r.-
. Goudeau, City Clerk
5
Ordinance No. 6410-99
....
~rthpinellas: Investors want .eloper to step aside
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this iilrticle EI this iilrticle r- this ii1rticl~... ...... .~.. ....~..S!:.II~~~~.r.~.._!ime.s..
Investors want developer to step aside
They say he misled them about the Bluewater luxury
condo and shopping complex planned on the
Intracoastal.
By JENNIFER FARRELL, Times Staff Writer
@ S1. Petersburg Times
published August 1, 2003
CLEARWATER - A group of out-of-state investors backing Bluewater
Isle, the $350-million luxury condominium and shopping complex
planned along the Intracoastal Waterway, are calling for the local leader
of the project to step aside, claiming he has misled them about the
megadeal.
The investors, a group of30 friends from New Jersey, gathered
Wednesday night to discuss legal action against Clearwater developer
Bob Metz, according to Princeton, N.J., attorney Kevin Hart.
"There is some dissatisfaction on their part with the manner in which
Mr. Metz has run the project to this point," he said. "They have
concerns. "
Tom Ferris, an investment partner who put the group's losses at $3- to
$4-million so far, described the matter somewhat more forcefully
Thursday afternoon: "We're going after him with everything we have."
Over the past year, Ferris said, Metz has misrepresented progress on the
project in several key areas, especially financing. Metz told investors he
had contracts to buy the dozens of parcels needed to assemble the
sprawling development straddling Eastshore Drive from Pier 60 Drive
to Baymont Street, according to Ferris.
Problem is, three parcels are not under contract, meaning no bank will
issue a loan to buy the property. "He's been putzing around," said Ferris.
Metz said Wednesday he expects to ink contracts on two of those
http://www.sptimes.com/2003/08/0 1/Northpinellas/Investors _ want_ develo.shtml
Page 1 of3
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Northpinellas: Investors want .eloper to step aside
.
Page 2 of3
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properties, then move forward this month when bond financing comes
through. He said he was leaving for vacation in North Carolina and did
not return phone calls Thursday.
The development application was filed in March but has languished
since. City planners put the application on hold in April after
discovering key information was missing. Lacking from the package
was a complete list of affidavits proving the developers owned or had
contracts on all the properties in the 10-acre project. Some affidavits
didn't contain signatures from all the necessary property owners and
some weren't properly notarized.
Metz and his development partners dismissed the missing pieces as
housekeeping items and promised to refile. But the city has not received
an updated application.
The project, which features four high-rise condo towers, high-end retail
shops and a host of public amenities including a meandering boardwalk,
a 250-slip marina and hundreds of parking spaces, has inspired hope as
well as skepticism in Clearwater.
Metz, a local businessman and the public face of Bluewater, vowed he
would remake the aging strip of beach. And his designs are opulent.
Condo units would start at $750,000 and are planned to include private
elevator access and plasma television screens that would drop from the
ceilings. A fleet of his- and-her vehicles (Hummers for the men, Lincoln
Town Cars for the women) were promised to ferry golfers to and from
the course.
"It all sounded great, fabulous," said Ferris. "Kind oflike a you-can't-
miss opportunity."
Meanwhile, local officials said they were disappointed, but not entirely
surprised, at news the deal could be in jeopardy.
"It was a gargantuan challenge. Putting together that much of a quilt
would be formidable for the very best of developers," said Assistant
City Manager Garry Brumback. "Bob doesn't have a whole lot of
experience, and none with a development of that size."
Metz owns Metco Real Estate and Insurance and has developed upscale
homes and apartments in Clearwater. His company owns and runs the
120-unit Williamsburg Place apartments on Nursery Road, office
buildings and strip malls on Belcher Road and Drew Street and has built
homes in Pinellas County.
He bills his development partners as "Team Terrific," and had hoped to
break ground on Bluewater this month.
David Adkins, introduced last year as a member of Team Terrific, said
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8/1/2003
Nmthpinellas: Investors want .eloper to step aside
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Tampa Bay
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Page 3 of3
Thursday he has been less involved in the project lately.
"There are a lot ofthings going on with it," he said. "I was really just
involved with the sales side of it."
Local attorney Jerry Figurski, who has acted as spokesman for the
project and handled zoning issues, was unaware Thursday that investors
were unhappy.
"That's wild," he said. "I have not been involved in that portion of it, the
financing directly."
Asked if the deal is falling apart, Figurski said: "If it is, I do not know
that. "
Clearwater zoning and land use lawyer Ed Armstrong said deals of such
magnitude are tricky.
"I think most of the players in the development community viewed this
project as Fantasy Island from day one," he said. "No one will be
surprised. "
Meanwhile, beach property owners remained optimistic.
Greg Schutzendorf, owner of True Value Hardware on Clearwater
Beach, said Metz has made six-month contract payments in good faith.
"I talked with him the other day and he said things were looking good,"
said Schutzendorf. "I've heard from other people that there's other
people in line waiting to grab this stuff up. Life's gonna go on one way
or the other."
Elsewhere in today's news of north Pinellas
. Conflicted couple call on professionals
. Continue studying Stauffer. panel says
. Crash into marker leaves boater missing
. Groups seek common ground on signs
. l!l~~~jors want developer to step _a~jd~
. Man gets 25 years in murder attempts
. Ship comes in for Tarpon sponge merchant
. Water declared safe after line repaired
. UCF student seeks more improvement
. Radio sets the stage
. This week: Pinellas
. Letters: Human rights ordinance is bad policy
~~ Cliclt for
~ lccal 01'1 guide
.:J~
I Past 14 Days
http://www.sptimes.com/2003/08/0 l/Northpinellas/Investors _ want_ develo.shtml
8/1/2003
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LAND ASSEMBLY ASSISTANCE
AND REIMBURSEMENT AGREEMENT
CITY OF CLEARWATER
BEACH REVITALIZATIONIREDEVELOPMENT AREA
between
THE CITY OF CLEARWATER, FLORIDA,
and
MANDALAY BEACH CLUB, LTD.
Dated as of ~ i?' , 2000
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ARTICLE 1.
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TABLE Oll' CONTENTS
DEF'lNITIONS ....................................................................................... 2
Section 1.0 1 Definitions...... . .. ....... . ...... ... ........ . ... . . .. ... . ..... .. . .. . . .. ...... .... ... .. .... .. . . ..... . . .... . . 2
Section 1. 02 Use ofW ords and Phrases........................................................................ 4
Section 1.03 Florida Statutes ...... .......................... ........................ ........................... ..... 4
ARTICLE 2.
PURPOSE.AND PROPOSED PROJEer ............................................4
Section 2.01 Purpose of Agreement..... ......................................................................... 4
Section 2.02 !>roposed !>roject .................. .............. ...................................................... 4
Section 2.03 Cooperation of the Parties .................. ................. ........... .................... ...... 5
ARTICLE 3.
Section 3.01
Section 3.02
Section 3.03
Section 3.04
ARTICLE 4.
REGULATORY PROCESS.. ........ ................. ...... .................. ...............5
Land Development Regulations ................................................................ 5
Development Approvals and Permits ........................................................ 6
Concurrency..... ........................................................................................ 6
Not a Development Order or Permit ......................................................... 7
PLANS AND SPECIFICATIONS ......................................................... 7
Section 4.01 !>reparation of Plans and Specifications..................................................... 7
ARTICLE 5.
Section 5.01
Section 5.02
Section 5.03
Section 5.04
ARTICLE 6.
Section 6.01
Section 6.02
Section 6.03
Section 6.04
Section 6.05
Section 6.06
Section 6.07
Section 6.08
Section 6.09
PROJECT DEVELOPMENT.......... ....... ........ ...... ........... ...................... 7
Ownership of Project Site ......................................................................... 7
Project Site....... ............. .................. ......................................................... 7
Land AssemblylRedevelopment Assistance ................ .............................. 8
City's Obligations ........ ....................... ........... ...... ....... .............. .............. 10
PROJEer Ji1N'ANCING...................... .................. ............... ..... .......... 11
Notice of Project Financing to City .........................................................11
Copy of Default Notice to City .............. ................. ............... ................. 11
As.~gpment of Rights Under Agreement To Project Lender.................... 11
Notice to Project Lender ........ ............ ................. ................... ................ 12
Consent of Project Lender ....... ........ ....... .................. ............. ........ ........ 12
Estoppel Certificates .............................................................................. 12
Cooperation .............................................. .................... ........... .............. 12
Reinstatement by Project Lender ...... ....... ........ .......... ............ ................. 12
New Agreement .......................... ...... ................... .................................. 13
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Section 6.10 Transfer of New Agreement ................................................................... 13
Section 6.11 Survival....... ~......................................................................................... 13
ARTICLE 7.
CONSTRUcnON OF THE PROJECT .............................................14
Section 7.01 Project Site............................................................................................. 14
Section 7.02 Construction of First Phase of the Project ...............................................14
ARTICLE 8. INDEMNIFICATION....:........ ............ ... ........... ...... ....... ...... ......... ........ ........... 16
Section 8.01 Indemnification by the Developer............................................................16
Section 8.02 Indemnification by the City ....... .. .. . . .. .. . .. .. . .. .. .. .. .. ... .. . .. . .. .. .. .. .. . ... .. .. . . . .. .... 17
Section 8.03 Limitation ofInd~cation.... ..... ..... ..... ...... ........... .............................. 18
ARTICLE 9.
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE
DEVELOPER........ ................ ................ .................... ........................... 18
Section 9.0 1 Representations and Warranties.............................................................. 18
Section 9.02 Covenants....... ..... ...... ....... ............. .......................... .... ................... ........ 20
ARTICLE 10.
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE
CfIY ........ ................. ........... ................................................................. 20
Section 10.01 Representations and Warranties......... ......... ............................................ 20
Section 10.02 Covenants................. ........ ........... ..... ....................... ............... ................21
ARTICLE 11.
CONDITIONS PRECEDENT .... .......... ............ ............. ...... ....... .........22
Section 11. 0 1 Developer Acquiring Project Site............................................................ 22
Section 11. 02 Responsibilities of the Parties for Conditions Precedent .......................... 23
ARTICLE 12.
DEFAULT; TERMINATION........... .................. ............. ....................23
Section 12.01 Project Default by Developer.................................................................. 23
Section 12.02 Default by the City....... .............................................. .............................25
Section 12.03 Obligations, Rights and Remedies Cumulative......................................... 26
Section 12.04 Non-Action on Failure to Observe Provisions of this Agreement............. 26
Section 12. 05 Termination................. ........................................................................... 26
Section 12.06 Termination Certificate ......................................... .................................. 28
ARTICLE 13.
RIGHT TO CONTEST ............... ..... ........................... ................... ......28
Section 13.01 Right to Contest ............. ............... ....... ............. ........ ................. ............28
Section 13.02 Conditions. ............... .. .... ... ......... ... .......... ..... .... ... ...... . . ... . . .. . . .. . . ... .... .. . . .. . 28
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ARTICLE 14.
ARBrrRATION ................ ................................................................... 29
Section 14.01 Agreement to Arbitrate........................................................................... 29
Section 14.02 Appointment Arbitrators............... .. .. .. .. .. ...... .. .. . .. .. . .. .. .. ........ .. . .. . . .. .. .. . . . . . 29
Section 14.03 General Procedures................................................................................. 30
Section 14.04 Majority Rnle ..... ..... ..................... ..... ........ ...................... ........... ...... ...... 31
Section 14.05 Replacement of Arbitrator .... ................. .............. .................. ..... ............ 31
Section 14.06 Decision of Arbitrators........................................................................... 31
Section 14.07 Expense of Arbitration.................. ..... ..... ..................... .................. ......... 32
Section 14.08 Accelerated Arbitration...... ........... ..... ....... ............ ................. ............. ....32
Section 14.09 Applicable Law.. .................. ..... ................ .............. ............... ................. 32
Section 14.10 Arbitration Proceedings and Records...................................................... 33
ARTICLE 15.
UNAVOIDABLE BELAy................................................................... 33
Section 15.01 Unavoidable Delay............ .... .............. .................................................... 33
ARTICLE 16.
FIRE OR OTHER CASUALTY; CONDEMNATION....................... 34
Section 16.01 Loss or Damage to Project ...................................................................... 34
Section 16.02 Partial Loss or Damage to Project........................................................... 34
Section 16.03 Project Insurance Proceeds... ........... ....... ....... .......... ............. ......... .........34
Section 16.04 Notice of Loss or Damage to Project ...................................................... 35
Section 16.05 Condemnation of Project or Project Site; Application of Proceeds .......... 35
ARTICLE 17.
MISCELlANEOUS.. ................. .... ....... ........ .... ........... ..... ................ ...35
Section 17.01 Assignments.. ..................... .................. .................... ..............................35
Section 17.02 Successors and Assigns..... ................ ....... ................. ....................... .......36
Section 17. 03 Notices.. ............. .................................................................................... 36
Section 17.04 Applicable Law and Construction ........................................................... 37
Section 17.05 Venue; Submission to Jurisdiction........................................................... 37
Section 17.06 Estoppel Certificates....................................... ........................................ 37
Section 17.07 Complete Agreement; Amendments......... ............... ....... ......................... 38
Section 17.08 Captions................................................................................................. 38
Section 17.09 Holidays. ............................ .................................................................... 38
Section 17.10 Exhibits ...... ...................... ............ .......... .............. ........ ..........................38
Section 17.11 No Brokers............................................................................................. 38
Section 17.12 Not an Agent of City .............................................................................. 39
Section 17.13 Public Purpose....... .......................... ...... .......... .......... ........... ........ ...... ....39
Section 17.14 No General Obligation............................................................................ 39
Section 17.15 Technical Amendments; Survey Corrections ........................................... 39
Section 17.16 Term; Expiration; Certificate ..................................................................39
Section 17.17 Effective Date. ........................................................................................ 40
Section 17.18 Approvals Not Unreasonably Withheld ................................................... 40
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:EXBlBITS
Legal Description. Commercial Parcels ... ... ... ...... ...... ... .. . . .... .. ............ .. . . . ....... ......... . . ..... ....... .... A
Legal Description. Controlled Property ............ .......................... ............................... ........... .... B
Zoning Letter ....... ............. ......................... ............. ...... ...... ....... ................. ............................... C
Project Site.................. ..................... ......... ............................................................ .................... D
Sidewalk and Street hnprovements.......................................................... ..........................;........ E
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00-" 1 F'EB-22-2000 4: 50PM
PINE CO BK 10B20 PG 1294
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~ Land Assembly As~IJ.Il~d Reimbursement Agreement (the "Agreement") is made as
of this ~ dayof~ ~and between THE CITY OF CLEARWATER, FLORIDA, a
public body corpor~1itica1 subdivision of the State of Florida (the ''City''), and Mandalay
Beach Club, Ltd., a Florida limited partnership ("Developer").
W1TNESSETH:
WHEREAS, the City of Clearwater has embarked on a commnnity revitaIizati.on effort known
as One City, One Future;
WHEREAS, one of the major elements of One City, One Future is implementation of the
Strategic Redevelopment Plan for Clearwater Beach;
WHEREAS, the Strategic Redevelopment Plan for Clearwater Beach identifies certain lands
for assembly and priority redevelopment;
WHEREAS, the City has enacted a Land Assembly Assistance Ordinance, Ordinance
No. 641 0-99 which provides for the use of the City's power of eminent domain to complete assembly
ofland when necessary to carry out comnnmity redevelopment;
WHEREAS, one of the areas identified for assembly and priority redevelopment as a unit in
the Strategic Redevelopment Plan for Clearwater Beach is the area bounded by North Mandalay on
. the East, Papaya on the South, San Marco on the North and the Gulf of Mexico on the West
(''Candidate RevitalizationJRedevelopment Area");
WHEREAS, Developer has entered into contracts to acquire a significant portion of the land
located within the Candidate RevitalizationJRedevelopment Area);
WHEREAS, Developer proposes to develop the land located within the Candidate
Revitalization/Redevelopment Area in accordance with the goals and objectives of the Strategic
Redevelopment Plan for Clearwater Beach;
WHEREAS, it is necessary that the City take certain actions in order to make it possible for
Developer to develop the land located within the Candidate RevitalizationlRedevelopment Area in
accordance with the goals and objectives of the Strategic Redevelopment Plan for Clearwater Bea~
which actions include the constmction of certain public improvements including street and sidewalk
improvements and beautification;
P,'A ......"., LL<;;(
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A(;,';.~lQOo?o WHEREAS, at a duly called public meeting on ;;JIb ~ the City Commission
!. ~::~;~l~_\Pproved this Agreement, and authorized and directed its ex ution by the appropriate officials of the
Ok: j~' -.._-C-ity. and
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JMC\City or ClllIII'WlIter Agresnent
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WHEREAS, the Board of Directors of Developer has approved this Agreement and has
authorized certain individuals to execute this Agreement on its behalf
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereby agree as follows:
ARTICLE 1. DEFINrrIONS.
1.01. Definitions. The terms defined in this Article 1 shall have the following meanings except as
herein otherwise expressly provided:
1. ''Agreement'' means this Agreement for Development and Acquisition of Property including any
ExhIbits and any amendments thereto.
2. "Candidate RevitaHzation!Redevelopment Area" means the area bounded by North Mandalayon
the East, Papaya on the South, San Marco on the North and the Gulf of Mexico on the West.
3. "City of Clearwater RevitaHzation/Redevelopment Area" means the land located within the
corporate limits of the City having buildings which are dilapidated, obsolete and blighted as
defined in Part ill of Chapter 163 of the Florida Statutes and which was designated as a
Candidate Revitalization!Redevelopment Area by the City Commission pursuant to Ordinance
No. 6410-99 by Resolution Number 99-38 approved on August 19, 1999.
4. "City" means the City of Clearwater, Florida, a Florida municipal corporation.
5. "City Commission" means the governing body of the City.
6. "Commencement Date" means the date on which Developer commences or causes a Contractor
to commence construction of the First Phase of the Project (see Section 7.02(a)).
7. ''Commercial Parcels" means those parcels for which Developer requests land assembly/
redevelopment assistance (see Section 5.03), which are more particularly described in the
legal description set out in ExhIbit "A" to this Agreement.
8. ''Constmction Completion" means the date a Constmction Completion Certificate is issued (see
Section 7.02(f)).
9. ''Controlled Property" means those properties within the Project Site which are subject to a
purchase contract in favor of Developer or an affiliate or nominee on the effective date oftbis
Agreement (see Section 5.01) which are more particularly described in the legal description
set out in ExhIbit "B" to this Agreement.
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JMC\aty .rC1arwa_ A~t
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10. "Developer" means, for the purpose of this Agreement, Mandalay Beach Club, Ltd., a Florida
limited partnership.
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11. '"Effective Date" means the date of approval and execution of this Agreement as provided in
Section 17.17.
12. "Exhibits" means those agreements, diagrams, drawings, specifications, instruments, forms of
instruments, and other documents attached hereto and designated as exhIbits to, and
incorporated in and made a part o~ this Agreement.
13. ''First Phase" of development means a portion of the Project including not less than sixty-five (65)
residential dwelling units which may be undertaken, but shall not be required to be completed
before other portions of the Project are commenced.
14. "Permits" means all land development approvals and consents required to be granted, awarded,
issued, or given by any governmental authority in order for construction of the Project, or any
part thereo~ to commence, continue or be completed.
15. "Plan" means, the Clearwater Beach Strategies for Revitalization.
16. "Plans and Specifications" means, as to each part of the Project to be developed and the site plan
for the Project to be developed, filed with the City as required by the Land Development
Regulations for the purpose of review and approval
17. "Project" means, collectively, the concept of development proposed by Developer as described in
a Petition for Land Assembly/Redevelopment Assistance dated September _, 1999.
18. "Project Financing" means collectively the financing to be obtained by Developer for acquisition,
development and construction of the Project.
19. "Project Lender" means any lender providing all or part of the Project Financing.
20. "Project Site" means the land area generally bounded by North Mandalay, Papaya, San Marcos
and the Gulf of Mexico which is more particularly descnbed and depicted on Exlnbit 'D" (see
Section 5.02).
21. ''Termination Date" means the date a termination certificate is issued pursuant to Section 12.06.
22. ''Unavoidable Delay" means a delay as described in Article 15 hereof
23 . "Vacation of Rights of Way" means the abandonment of City owned streets within the Project
Site by the City in favor of the Developer, in order that the goals and objectives of the Plan
may be better accomplished.
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-------~_ _~R_~~~ ~/(_ ~~_~20 PG 1;~S?
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1.02. Use of Words and Phras... Words of the masculine sender shall be deemed and COII8trued
to include correlative words of the feminine and neuter genders. Unless the context
shall otherwise indicate, the oingu/ar shall include the plural .s well IS the siogu/ar number,
and the word "person" shall inclncle COtpontions and associations, inclniling public bodies, as
well as natnraI P"'-'. "Herein," "hereby," "hereunder, " "hereof;" "hereinbefure, , "herein-
after" and other "'IUivalent words refer to this Asreemeot and not solely to the Particular
portion thereof in which any such word is used.
1.03. Ilorida Stat&les. All rekreoces herein to Florida Statutes are to Florida Statutes (1999), as
amended from time to time.
ARTICLE 2. PURPoSE AND PROPOSED PROJECI'.
2.01. Purpose of Agr.....ent The pll1]>ose of this Agreem".j is to further the implementation
of the Plan by providing fur the developmem of the Project Site and the coostrnction of
certain public improvements, all to enhance the quality of life, increase employment and
improve the aesthetic and usefu.l enj_ of Clearwater Beach and the City through the
eradication of conditions of deterioration, dilapidation, obsolescence and blight, aD in
accordance with and in furtherance of the Plan and as authorized by and in accordance with
the provisions of Florida law.
2.02. Proposed Project.
a. Project Description. Developer proposes to redevelop the Project Site with
residential development which may also include retail and restaurant uses with related
pedestrian walkways, streets, parking and infrastructure improvements. The Project
shall be comprised of not more than two hundred (200) residential dwelling units and
not less than one hundred and forty (140) residential dwelling units in two (2)
residential buildings with a height not to exceed one hundred and fifty (150) feet. The
Project may also include redevelopment of commercial uses on the Commercial
Parcels as hereafter provided. As provided for in this Agreement, Developer agrees
to cany out the redevelopment of the Project Site by purchasing all of the parcels
within the Project Site, which are to be developed by Developer, entering into
agreements with adjOining owners where advisable, preparing project plans and
specifications, obtaining approvals by governmental authorities necessary for
development of the Project, constructing various private improvements on the Project
Site and operating the Project as a unified and integrated project.
b. Project Benefits and Public Interest. The Proposed Project for the Project Site,
specifically including the acquisition of the Project Site by the Developer and the
desigo, cOlUtrnctioo, co....1etion and operation of the Project, and each part thereof;
is hereby found by the parties hereto: (1) to be consistent with and in furtherance of
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IPINELLRS COUNTY rLR.
O~r.REC.BK 10B20 PG 129B
the objectives of the Plan, (2) to conform to the provisions of Florida law, (3) to be in
the best interests of the citizens of the City, (4) to further the pwposes and objectives
of the City, and (5) to further the public interest and pwpose of eradicating conditions
of deterioration, dilapidation, obsolescence and blight on Clearwater Beach.
2.03. Cooperation of the Parties. The City and Developer recognize that the successful
development of the Project and each component thereofis dependent upon continued coopera-
tion of the City and Developer, and each agrees that it shall act in a reasonable manner
hereunder, provide the other party with complete and updated information from time to time,
with respect to the conditions such party is responsible for satisfying hereunder and make its
good faith reasonable efforts to ensure that such cooperation is continuous, the pwposes of this
Agreement are carried out to the full extent contemplated hereby and the Project is designed,
constructed, completed and operated as provided herein.
ARTICLE 3. REGULATORY PROCESS.
3.01. Land Development RegulatiolUl.
a. Land Use Desimation. The Project Site is designated Tourist District in the City's Land
Development Regulations.
b. Amendments to Land Development Regulations. The City covenants and agrees to
cooperate with Developer to the extent permitted by law in regard to any text or map
amendment to the City's Land Development Regulations which may be necessary in
order for Developer to cany out the Project as descn"bed in Section 2. 02( a).
c. Special Settlement Stipulation Rights. The City recognizes that portions of the Project
Site are subject to a Final Judgment By Consent entered by the Circuit Court of
Pinellas County in City of Clearwater v. Gray, Case No. 85-4145-15 and Thackeret
al. v. City of Clearwater, Case No. 86-17457-16. The City agrees to honor the rights
and interests created by the Consent Decree without prejudice to Developer's right to
take advantage of the less restrictive provisions which are contained in the City's
Land Development Regulations.
d. Zoning Letter. The zoning letter which is attached to this Agreement as ExIn"bit "C"
represents the City's official interpretation of the City's Land Development
Regulations as they apply to the Project Site as of the effective date of this
Agreement.
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PINf:LLAS
OF'F',Rf:C,BK
COUNTY F'LA,
10820 PO 1288
3.02 Development Approvals and Permits.
a. Applications for Development Apj)roval Developer shall prepare and submit to the
appropriate governmental authorities, including the City, applications for allnecessmy
Permits for the Project, and shaD bear all costs of preparing such applications,
applying for and obtaining such permits and shall pay applicable impact fees.
b. City Cooj)eration and Assistance. The City shall cooperate with Developer in obtaining aD
necessary Permits required for the construction, completion and sale of the
residential dwelling units comprising the Project. If requested by Developer and
authorized by law, the City will join in any application for any Permit, or,
alternatively, recommend to and urge any governmental authority to which application
for any Permits has been made that such Building Permit or Permits be issued or
approved.
c. City Authority Preserved. The City's duties, obligations, or responsibilities under any
section of this Agreement, specifica1lyincluding, but not limited to, this Section 3.02,
shall not affect the Citys right, duty, obligation, authority and power to act in its
governmental or regulatory capacity in accordance with applicable laws, ordinances,
codes or other building regulations. Notwithstanding any other provision of this
Agreement, any required peuwtting, licensing or other regulatory approvals by the
City shall be subject to the established procedures and requirements of the City with
respect to review and permitting of a project of a similar or comparable nature, size
and scope. In no event shall the City, due to any provision of this Agreement, be
obligated to take any action conceming regulatory approvals except through its es-
tablished processes and in accordance with applicable provisions of law.
d. lnwact Fees. The City shall compute the water and sewer impact fees using the same
methodology as used at the Sunshine Mall redevelopment.
3.03. Concurrency.
a. Concurrent(y Required. The parties hereto recognize and acknowledge that Florida law
(specifically, Part n, Chapter 163, Florida Statutes, and Rule 9J-5, Florida
Administrative Code, collectively the "Growth Management Act") imposes restric-
tions on development if adequate public improvements are not available concurrently
with that development to absorb and handle the demand on public services caused by
development. The City has created and implemented a system for monitoring the
effects of development on public services within the City. Developer recognizes and
acknowledges it must satisiy the concurrency requirements of Florida law as applied
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JMC\Cty or Cleanrater Aueement
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to this Project. Developer covenants and agrees to comply with the concurrency
requirements of the City's regulations.
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b. ReselVation of C.pacity. The City hereby agrees and acknowledges that as of the
effective date of this Agreement, the Project satisfies the concurrency requirements of
Florida law. The City agrees to reserve the required capacity to selVe the Project for
Developer and to maintain such capacity for a period of three (3) years from the
effective date of this Agreement and that such period shall be automatically extended
for an additional three (3) years if Developer commences construction of the First
Phase of the Project within the initial three (3) year period. The City recognizes and
acknowledges that Developer will rely upon such reservation in proceeding with the
Project.
3.04. Not a Development Order or Permit. The City and Developer hereby acknowledge, agree
and represent that this Agreement is not intended to be and should not be construed or deemed
to be a "development order" or "development permit" within the meaning of those terms in
Section 163.3164, Florida Statutes.
ARTICLE 4. PLANS AND SPECIFICATIONS.
4.01. Preparation of Plans and SpecificatioD8.
a. Re~onsibi1ity for Prcwaration of Plans and Specifications. Developer shall be solely
responsible for and shall pay the cost ofpreparing, submitting and obtaining approval
of the Plans and Specifications.
b. Use ofOualified. Professionals. Developer shall retain qualified professionals to prepare
the Plans and Specifications and shall cause such professionals to prepare the Plans
and Specifications.
ARTICLE s. PROJECT DEVELOPMENT.
5.01. Ownership of Project Site. Developer is or will be the contract purchaser of the Controlled
Property within the Project Site which is more particularly descnbed in ExhIbit "D" to this
Agreement.
5.02. Project Site. The Project Site consists of those properties located in an area which is bounded
on the East of North Mandalay, on the North by San Marco, on the South by Papaya and on
the West by the Gulf of Mexico as more particularly depicted on ExhIbit "D."
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5.03. Land AssemblylRedevelopment Assistance.
a. Commercial Parcels. The City has granted Developer's petition for land assembly
assistance for three (3) parcels of land which are more particularly descnoed in
Exhibit ''A'' to this Agreement. The City's assistance is provided for in two (2)
stages: I) an initial effort involving Developer and City participation in public/private
redevelopment agreements with the owners of the Commercial Parcels providing for
the redevelopment/revitalization of the Commercial Parcels in a manner and form
which is consistent with the City's redevelopment/revitalization objectives; and 2) in
the event that voluntary agreements with the owners of the Commercial Parcels are
not possible and the existing improvements and uses continue to have a negative,
blighting effect on the planned and redevelopment/revitalization of the Candidate
Redevelopment/Revitalization Area, the City may be requested to assemble such
parcels using eminent domain powers and convey such parcels to Peveloper.
b. Reimbursement Terms and Conditions.
1. Stage 1 Assistance. Subject to the provisions of this Section,
Developer agrees that in the event that the City participates in land
assembly assistance in regard to the Commercial Parcels which does not
involve the acquisition of title to the Commercial Parcels , Developer
and/or respective property owners shall participate in any such City land
assembly assistance action by contnouting an amount to be hereafter
agreed to by Developer and City. In addition, Developer, as additional
consideration, shall execute a recapture agreement for the amount
expended by City which provides for twelve (12) annual payments of
additional consideration, the first and second payments to be made on the
first and second anniversary of this Agreement which occur after January
1, 2003, and the third through twelfth payment on each anniversary
thereafter. The.first and second payment, shall be in an amount equal to
five percent (S%) and the third through twelfth in an amount equal to nine
percent (9%) of the amount expended by the City OfCleaIWater, including
attorneys' fees and costs, less the amount of real estate taxes paid in each
year by the Project to the City of Clearwater in excess of the ad valorem
taxes paid by the owners of the Project Site in the last year immediately
preceding the Effective Date of this Agreement, including real estate taxes
paid to the City of Clearwater by purchasers of real estate products
developed on the Project Site. (Annual Additional Consideration Payment
= S% (9%) of Excess Land Acquisition Costs less Annual Ad Valorem
Taxes paid to City by Project in excess of ad valorem taxes paid to City in
year before the Effective Date of this Agreement).
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Orr.REC,BK 10820 p~ 1302
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2. Stage 2 Assistance. Subject to the provisions of this Section,
Developer agrees that in the event that the City participates in land
assembly assistance in regard to the Commercial Parcels which involves
the acquisition of title to the Commercial Parcels, Developer agrees to
pay the City, in consideration for the conveyance of the Commercial
Parcels and upon presentment of good and marketable title, an amount to
be hereafter agreed to by Developer and City. In the event that the actual
cost of acquisition incurred by the City of Clearwater, including attorneys'
fees and costs exceeds the upset amount agreed to as Developer's
contribution, Developer, as additional consideration, shall execute the
recapture agreement which provides for twelve (12) annual payments of
additional consideration, the first and second payments to be made on the
first and second anniversary of this Agreement which occur after January
1, 2003, and the third through twelfth payment on each anniversary
thereafter. The first and second payments shall be in an amount equal to
five percent (5%) and the third through twelfth payments on each
anniversary thereafter. The first and second payments and the third
through twelfth payments in an amount equal to nine percent (9%) of the
difference between the cash consideration paid by Developer pursuant to
this paragraph and the actual cost of acquisition incurred by the City of
Clearwater, including attorneys' fees and costs, less the amount of real
estate taxes paid in each year by the Project to the City of Clearwater in
excess of the ad valorem taxes paid by the owners of the Project Site in
the last year iuonediately preceding the Effective Date of this Agreement,
including real estate taxes paid to the City of Clearwater by purchasers of
real estate products developed on the Project Site. (Annual Additional
Consideration Payment = 5% (9%) of Excess Land Acquisition Costs less
Annual Ad Valorem Taxes paid to City by Project in excess of ad valorem
taxes paid to City in year before the Effective Date of this Agreement).
3. Condition Precedent. The City and Developer agree that the
Developer's reimbursement obligation pursuant to this section is subject
to prior written approval of the Developer to any agreement by which the
City participates in land assembly assistance in regard to the Commercial
Parcels which does not involve the acquisition oftitle to the Commercial
Parcels. The City and Developer agree that the Developer's obligation
pursuant to this section in regard to the acquisition of title to the
Commercial Parcels, shall be subject to the Developer having submitted a
written request to the City that the City undertake to provide land
assembly assistance through the acquisition of title to a specific
Commercial Parcel and the approval of such request by resolution of the
City ComrrriRSion.
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c.. F" . REC:.~~__l C~2C ~~~3C3._
5.04. City's Obligations. To induce Developer to acquire the Controlled Property and to undertake
the Project and in recognition of the economic and other benefits to the City which will result
there from, the City agrees as follows:
a. Vacation of Right of Way. Within sixty (60) days of the Effective Date of this
Agreement, the City Commission shall consider a resolution vacating the right of way
of North GuJfView between Papaya and San Marco which vacation shall become
effective immediately upon Developer taking title to the Project Site.
b. Vacation of Plat. The City shall vacate that part of the plat of Clearwater Beach Park
as recorded in Plat Book 10, Page 42 of the Public Records of Pinellas County,
Florida (the ''Existing Plat'') which includes the Project Site and replat said property
as required for the development of the Project.
c. Road and Sidewalk Tn:g>rovements. The City shall construct road and sidewalk
improvements (the "Road and Sidewalk Improvements") within the public rights-of-
way existing along North Mandalay, Papaya and San Marco with the following
minim11m characteristics:
1. Sidewalks on the west side of North Mandalay shall be at least ten (10) feet
wide, measured from the western edge of the sidewalk to the eastern face of
the curb. Sidewalks on North Mandalay, Papaya and San Marco shall be
constructed substantially in accordance with the description attached as
Exhibit ''E.''
2. Street landscaping shall be installed along North Mandalay that is consistent
with the landscaping at the roundabout located at the western terminus of
Memorial Causeway on Clearwater Beach.
3. The construction of a landscaped median in North Mandalay.
4. The relocation of overhead utilities underground along North Mandalay,
Papaya and San Marco.
5. The repaving of Papaya and San Marco and the construction of cu1-d~cs at
the western terminus of Papaya and San Marco as descn'bed in ExIn'bit "E."
6. The City shall complete construction of the road and sidewalk improvements
within the public rights-of-way as provided for in this paragraph by the
following dates:
Papaya and San Marco on or before January 1, 2002.
North Mandalay on or before January 1, 2004.
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Orr,REC.BK 10B20 PO 1304
d. Modification of Settlement Aereement. The City agrees to join with Developer in any
modification of that certain Final Judgment By Consent entered by the Circuit Court
ofPinellas County in CityofClearwaterv. Gray, Case No. 85-4145-15 and Thacker
et at v. City of Clearwater, Case No. 86-17457-16 as is necessary to cany out the
development of the Project.
e. Transfer ofDevelo.,pment Rig)1ts. The City shall transfer to Developer transferable
development rights sufficient to permit the Developer to construct a total of 157
residential dwelling units on the Controlled Property of the Project Site. In exchange
for such rights, Developer agrees to cause to be transferred to City development
rights for an equivalent number of residential dwelling units from unused development
rights held by Developer's affiliate, Meridian on Sand Key, Ltd.
f Sales Office. The City acknowledges Developer's plan to construct a sales office on a
portion of the Project Site prior to closing on the purchase of the Controlled
Properties. City agrees to expedite the review of any permit application submitted by
Developer as to the sales office and to take such actions as may be reasonably
required to permit Developer to install and operate such sales office.
ARTICLE 6. PROJECT FINANCING.
6.01. Notice of Project Financing to City. As soon as Developer shall have obtained the Project
Financing, Developer shall provide the City with a sworn statement identifying the Project
Lender( s) and documenting the type of financing that the Project Lender( s) has issued for the
Project.
6.02. Copy of Default Notice to City. Developer covenants and agrees that any Project Financing
documents shall include provisions which provide that in the event any Project Financing shall
become due and payable by maturity or acceleration, the Project Lender shall give written
notice thereof to the City by certified mail, return receipt requested. Such notice from the
Project Lender to the City shall state the basis of the default by Developer and shall include
copies of any pleadings in any proceeding instituted by the Project Lender(s) incident thereto.
6.03. Assignment of Rights Under Agreement To Project Lender. Developer may assign to the
Project Lender all its right, title and interest under this Agreement as security for any
indebtedness of Developer. The execution of any assignment, security agreement, or other
instrument, or the foreclosure of the instruction or any sale under the instrument, either by
judicial proceedings or by virtue of any power reserved in the mortgage or deed of trost, or
conveyance in lieu of foreclosure by Developer to the holder of such indebtedness, or the
existence of any right, power, or privilege reserved in any instrument, shall not be held as a
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violation of any of the terms or conditions of this Agreement, or as an assumption by the holder
of such indebtedness personally of the obligations of this Agreement. No such assignment,
foreclosure, conveyance or exercise of right shaD relieve Developer from its liability under this
Agreement.
6.04. Notice to Project Lender. lfDeveloper shall encumber its interests under this Agreement, and
if Developer or the holder of the indebtedness secured by the assignment shall give notice to
City of the existence of the assignment and the address oCthe holder, then City will mail or
deliver to the Project Lender, a duplicate copy of all notices in writing which City may, from
time to time, give to or selVe on Developer under and pursuant to the terms and provisions of
this Agreement. Copies shall be mailed or delivered to the holder at, or as near as possible to,
the same time the notices are given to or selVed on Developer. The Project Lender may, at its
option, at any time before the rights of Developer shall be terminated as provided in this
Agreement, do any act or thing that may be necessary and proper to be done in the obselVance
of the covenants and conditions of this Agreement or to prevent the termination of this
Agreement. All payments so made and all things so done and performed by the Project Lender
shall be as effective to prevent a forfeiture of the rights of Developer under this Agreement as
they would have been if done and performed by Developer.
6.05. Consent of Project Lender. This Agreement cannot be amended, canceled, or surrendered by
the Developer without the consent of the Project Lender.
6.06. Estoppel Certificates. The City agrees at any time and from time to time upon not less than
ten (10) days prior written request by the Developer to execute, acknowledge, and deliver to
any Project Lender a statement in writing certifying that this Agreement is unmodified and in
full force and effect (or if there have been modifications), being intended that any such
statement delivered pursuant to this Article 6 may be relied upon by the Project Lender.
6.07. Cooperation. The City and the Developer shall cooperate by incorporating into this
Agreement, by suitable amendment, from time to time, any provision which may reasonably be
requested by any proposed Project Lender for the purpose of implementing the mortgagee
protection provisions contained in this Agreement and allowing the Project Lender reasonable
means to protect or prese1Ve the liens of such Project Lender upon the occurrence of a default
under the terms of this Agreement. The City and the Developer each agree to execute and
deliver any agreement reasonably necessary to effect any such amendment; provided, however,
that any such amendment shaD not in any material respect, adversely affect any rights of the
City under this Agreement.
6.08. Reinstatement by Project Lender. If this Agreement is terminated by reason of the
happening of any event of default, and after any notice and cure period provided, City shall give
prompt notice oCthis right to reinstate to the Project Lender, which right to reinstate shall be
for a period of ninety (90) days. However, the Project Lender shall not have any personal
liability for performance of the Developer's obligations under this Agreement unless and until
the Project Lender acquires title to the Project Site and expressly assumes such liability.
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6.09. New Agreement. City sh~ on written request ofa Project Lender which has acquired title to
the Project Site by foreclosure or deed in lieu offoreclosure. enter into a new Agreement with
such Project Lender. or its designee. within twenty (20) days after receipt of such request,
which new agreement shall be effective as of the date of such termination of this Agreement for
the remainder of the term of this Agreement and upon the same terms, covenants, conditions
and agreements as are contained in this Agreement. provided that the Project Lender or its
designee shall:
a. pay to City at the time of the execution and delivery of said new agreement any and an
sums which would have been due under this Agreement from the date of termination
of this Agreement (had this Agreement not been tenninated) to and including the date
of the execution and delivery of said new agreement, together with all expenses,
including but not limited to, attorneys' fees (for trials and appeals) in a reasonable
amount incurred by City in connection with the termination of this Agreement and
with the execution and delivery of the new agreement, and
b. on or prior to the execution and delivery of said new agreement agree in writing that
promptly following the delivery of such new agreement, such Project Lender or its
designee will perform or cause to be performed all of the other covenants and
agreements in this Agreement on Developer's part to be performed to the extent that
Developer shall have failed to perform the same to the date of delivery of such new
agreement.
6.10. Transfer of New Agreement. The Project Lender shall have the right to
assign or transfer the new agreement to any person or entity without the
City's consent so long as the new agreement is in good standing and Project
Lender is current in obligations owed to the City. Notwithstanding the
foregoing. any Project Lender that is assigning the new agreement and the
estate created thereby shall provide to the City notice of assignment and shall
cause to be executed and delivered in a form reasonably acceptable to the City
an assumption agreement from the assignee pursuant to which said assignee
assumes the duties, obligations, covenants, conditions and restrictions of the
new agreement. Upon such assignment and assumption by the assignee, the
assignor shall be released of all liability under the new agreement and, upon
request of the assignor, the City shall execute and deliver to the assignor a
release agreement in a form reasonably acceptable to the assignor evidencing
such release of the assignor from any liability under the new agreement.
6.11. SurvivaL The provisions of this Article 6 shall swvive the termination of this Agreement and
shall continue in full force and effect thereafter to the same extent as if Article 6 were a
separate and independent contract made by the City, the Developer and the Project Lender.
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ARTICLE 7. CONSTRUCTION OF THE PROJECT.
7.01. Project Site.
a. Site Work. The Developer shall be responsible for all site investigation,
environmental testing, demolition and site clearing.
7.02. Construction of First Phase of the Project.
a. Commencement. Developer shall construct the First Phase of the Project substantially
in accordance with the Plans and Specifications therefore. Developer shall commence
construction of the First Phase of the Project ("Commencement Date") within three
(3) years after the Effective Date of this Agreement and shall thereafter diligently
pursue completion of the First Phase of the Project.
1. For pwposes of this Section 7.02, "commence constmction" means
commencement of meaningful physical development of that part of the Project
as authorized by the Building Permit therefor which is continued and diligently
prosecuted toward and with the active of completion of that part of the
Project.
2. All obligations of Developer (including deadlines in the Commencement Date)
with respect to commencement and continuation of construction shall be
subject to delays and extensions from time to time for Unavoidable Delay (see
Article 15). Developer shall not be deemed to be in default of this Agreement
to the extent constmction of the Project, or a part thereot; is not complete by
reason of Unavoidable Delay.
b. Pursuit of Construction. After the Commencement Date, Developer shall continue,
pursue and prosecute the construction of the First Phase of the Project with due
diligence to completion, and shall not at any time actually or effectively have
abandoned (or its Contractor having actually or effectively abandoned) the Project
Site. For pwposes of this subsection (b), "abandoned" means to have ceased any
construction work which effectively advances the construction of the Project toward
completion, including removing all or substantially all of the construction workforce
from the Project site for a period of not less than sixty (60) days.
c. Maintenance of Construction Site. During the construction of the Project, Developer
shall, at its own expense, keep the Project and all1ands owned by Developer within
the Project Site in reasonably good order and condition.
d. Construction COlDJ)letion Certificate.
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1. For pmposes of this Section 7.02, "completion, "complete," "substantially
complete" or "substantial completion" means, with respect to construction of
the First Phase of the Project, the later of a certificate of occupancy for the
shell of any structures) (not including any tenant improvements) for that part
of the Project issued by the City or other appropriate governmental authority
having jurisdiction over the Project Site or that portion of the Project has been
deemed completed by the Project Lender under the Construction Financing
therefor.
2. Upon the substantial completion of the construction of the First Phase of the
Project in accordance with the provisions of the Plans and Specifications,
Developer shall prepare and execute the Construction Completion Certificate,
which shall then be delivered to the City. Upon receipt of the certificate, the
City shall promptly and diligently proceed to determine if construction of the
Project has been completed substantially in accordance with the Plans and
Specifications and this Agreement. Upon making such a determination, the
City shall execute the certificate and return it to Developer. The date of the
Construction Completion Certificate shall be the date when all parties shall
have executed said certificate.
3. The Construction Completion Certificate shall constitute a conclusive
determination by the parties hereto of the satisfaction and termination of the
obligations of Developer hereunder to construct the First Phase of the Project
descD"bed in the certificate; provided, however, that nothing in this Section
shall be a waiver of the rights, duties, obligations or responsibilities of the City
or any other governmental entity acting in its regulatory or governmental
capacity or an approval of said construction for purposes of the issuance of a
certificate of occupancy for that part of the Project.
4. If the City shall refuse or fail to execute the Construction Completion
Certificate after receipt of a request by Developer to do so, then the City shall,
within ten (10) days after its receipt of such request, provide Developer with a
written statement setting forth in reasonable detail the reason( s) why the City
has not executed the Construction Completion Certificate and what must be
done by Developer to satisfY such objections so that the City would sign the
certificate. Upon Developer satisfying the City's objections, then Developer
shall submit a new request to the City for execution of the Construction
Completion Certificate and that request shall be considered and acted upon in
accordance with the procedures in this Section for the original request.
S. If the City refuses to execute the certificate and Developer does not agree
with the objections set forth in the City's statement, then Developer may
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invoke the arbitration procedures set forth in Article 14 hereoffor the pwpose
of determining if the prerequisites for execution by all parties of the
Construction Completion Certificate have been met, and if not, what actions
must be taken to satisfY such prerequisites.
6. The Construction Completion Certificate shall be in a form sufficient to be
recorded in the public records ofPinellas County, Florida. After execution by
the City, it shall be promptly returned to Developer who shall record the
certificate in the public records ofPinellas County, Florida, and pay the cost
of such recording.
e. City not in Privity. The City shall not be deemed to be in privity of contract with any
contractor or provider of services with respect to the construction of any part of the
Project not constituting all or any part of public improvements.
ARTICLE 8. INDEMNmCATION.
8.01. Indemnification by the Developer.
a. The Developer agrees to indemnifY, defend and hold harmless, the City, its respective
agents, officers, or employees from any and all liabilities, damages, penalties,
judgments, claims, demands, costs, losses, expenses or attorneys' fees through
appellate proceedings, for personal injury, bodily injury, death or property damage
arising out ot: or by reason of any act or omission of the Developer, its agents,
employees or contractors arising out ot: in connection with or by reason ot: the
performance of any and all work or services covered by this Agreement, or which are
alleged to have arisen out ot: in connection with or by reason ot: the performance of .
any and all work or services covered by this Agreement, or which are alleged to have
arisen out ot: in connection with, or by reason ot: the performance of such work or
services.
b. The Developer shall indemnifY, defend and hold harmless the City, its officers and
employees from any and aD. liabilities, damages, costs, penahies, judgments, claims,
demands, losses, or expenses (including, but not limited to, actual attorneys' fees and
engineering fees) arising from or attnoutable to any breach by the Developer, as the
case may be, of any representations or warranties contained in Section 9.01, or
covenants contained in Section 9.02.
c. The Developer's indemnity obligations under subsections (a) and (b) shall survive the
earlier of the Termination Date or the Expiration Date, but shall apply only to
occurrences, acts, or omissions that arise on or before the earlier of the Termination
Date or the Expiration Date.
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d. The Developer's indemnity hereunder is in addition to and not limited by any insurance
policy and is not and shaD not be interpreted as an insuring agreement between or
among the parties to this Agreement, nor as a waiver of sovereign immunity for any
party entitled to assert the defense of sovereign itmmmity.
8.02. Indemnification by the City.
a. To the extent permitted by law, the City agrees to indemnify, defend and hold
harmless, the Developer, its respective, officers, and employees from any and all
liabilities, damages, penalties, judgments, claims, demands, costs, losses, expenses or
attorneys' fees through appellate proceedings, for personal injury, bodily injury, death
or property damage arising out o~ or by reason o~ any act or omission of the City, its
respective agents or employees arising out o~ in connection with or by reason o~ the
performance of any and all work or services covered by this Agreement, or which are
alleged to have arisen out o~ in connection with or by reason o~ the performance of
any and all work or services covered by this Agreement, or which are alleged to have
arisen out o~ in connection with, or by reason o~ the performance of such work or
services.
b. The City shall indemnify, defend and hold harmless the Developer, its officers and
employees from any and all liabilities, damages, costs, penalties, judgments, claims,
demands, losses, or expenses (including, but not limited to, actual attorneys' fees and
engineering fees) arising from or attributable to any breach by the City, as the case
may be, of any representations or warranties contained in Section 10.01, or covenants
contained in Section 10.02.
c. The City's indemnity obligations under this Section 10.02 shall survive the earlier of
the Termination Date or the Expiration Date, but shall only apply to occurrences, acts
or omissions that arise on or before the earlier of the Termination Date or the
Expiration Date. The City's indemnity hereunder is not and shall not be interpreted as
an insuring agreement between or among the parties to this Agreement, but is in
addition to and not limited by any insurance policy provided that said obligation shall
not be greater than that permitted and shall be limited by the provisions of Section
768.28, Florida Statutes, or any successor statute thereto.
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8.03. Limitation of Indemnification. Notwithstanding anything to the contrary contained herein,
with respect to the indemnification obligations of the Developer (as set forth in Section 8.0 I)
and the City (as set forth in Section 8.02), the following shall apply:
a. the indemn.ifYing party shall not be responsible for damages that could have been, but
were not, mitigated by the indemnified party;
b. the indenmifYing party shall not be responsible for that portion of any damages caused
by the negligent or willful acts or omissions of the indemnified party; and
c. there shall be no obligation to indenmify hereunder in the event that the indemnified
party (1) shall have effected a settlement of any claim without the prior written
consent of the indemn.ifYing party, or (2) shall not have subrogated the indemnifying
party to the indemnified pmys rights against any third party by an assignment to the
indemn.ifYing party of any cause or action against such third party.
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE
DEVELOPER.
9.01. Representations and Warranties. The Developer represents and warrants to the City that
each of the following statements is currently true and accurate and agrees the City may rely
upon each of the following statements:
a. The Developer is a Florida limited partnership duly organized and validly existing
under the laws of the State of Florida, has all requisite power and authority to carry
on its business as now conducted, to own or hold its properties and to enter into and
perform its obligations hereunder and under each document or instrument
contemplated by this Agreement to which it is or will be a party, is qualified to do
business in the State of Florida, and has consented to service of process upon a
designated agent for service of process in the State of Florida.
b. This Agreement and, to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this
Agreement to which Developer is or will be a party have been duly authorized by all
necessary action on the part of: and have been or will be duly executed and delivered
by, the Developer, and neither the execution and delivery thereof: nor compliance
with the terms and provisions thereof or hereof (i) requires the approval and consent
of any other party, except such as have been duly obtained or as are specifically noted
herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or
order applicable to or binding on the Developer, (iii) contravenes or results in any
breach of: default under or, other than as contemplated by this Agreement, results in
the creation of any lien or encumbrance upon any property of the Developer under
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any indenture, mortgage, deed of trust, bank loan or credit agreement, the Developer's
Partnership Agreement or, any other agreement or instrument to which the Developer
is a party or by which the Developer may be bound.
c. This Agreement and, to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this
Agreement to which the Developer is or will be a party constitutes, or when entered
into wiD constitute, a legal, valid and binding obligation of the Developer enforceable
against the Developer in accordance with the terms thereo~ except as such
enforceability may be limited by applicable bankruptcy, insolvency or similar laws
from time to time in effect which affect creditors' rights generally and subject to usual
equitable principles in the event that equitable remedies are involved.
d. There are no pending or, to the knowledge of the Developer, threatened actions or
proceedings before any court or administrative agency against the Developer, or
against any controlling shareholder, officer, employee. or agent of the Developer,
which question the validity of this Agreement or any document contemplated
hereunder, or which are Hkely in any case, or in the aggregate, to materially adversely
affect the consummation of the transactions contemplated hereunder or the financial
condition of the Developer.
e. The Developer has filed or caused to be filed all federal, state, local and foreign tax
returns, if any, which were required to be filed by the Developer, and has paid, or
caused to be paid, all taxes shown to be due and payable on such returns or on any
assessments levied against the Developer.
f All financial information and other documentation, including that pertaining to the
Project or the Developer, delivered by the Developer to the City was, to the best of
Developer's knowledge and belie~ on the date of delivery thereo~ true and correct.
g. The principal place of business and principal executive offices of the Developer is in
St. Petersburg, Florida, and the Developer will keep records concerning the Project
(such as construction contracts, financing documents and cOIporate documents) and
all contracts, licenses and similar rights relating thereto at an office in PineDas CO\Ulty.
h. As of the Effective Date, the Developer will have the financial capability to carry out
its obligations and responsibilities in connection with the development of the Project
as contemplated by this Agreement.
i. The Developer has the experience, expertise, and capability to develop, cause the
construction, and complete the Project and, oversee and manage the design, planning,
construction, completion and opening for business of the Project, and to acquire the
Project Site.
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9.02. Covenants. The Developer covenants with the City that until the earlier of the Termination
Date or the Expiration Date:
a. The Developer shall timely perform or cause to be performed all of the obligations
contained herein which are the responsibility of the Developer to perform.
b. During each year that this Agreement and the obligations of the Developer under this
Agreement shall be in effect, the Developer shall cause to be executed and to continue
to be in effect those instruments. documents, certificates, permits, licenses and
approvals and shall cause to occur those events contemplated by this Agreement that
are applicable to, and that are the responsibility ot: the Developer.
c. The Developer shall assist and cooperate with the City to accomplish the development
of the Project by the Developer in accordance with the Plan and Specifications, and
this Agreement, and will not violate any laws, ordinances, rules, regulations, orders,
contracts or agreements that are or will be applicable thereto.
d. The Developer shall promptly cause to be filed when due all federal, state, local and
foreign tax returns required to be filed by it, and shall promptly pay when due any tax
required thereby.
e. Subject to Section 17.01, the Developer shall maintain its existence and will not
consolidate with or merge into another corporation, limited partnership, or other
entity or permit one or more other corporations or other entity to consolidate with or
merge into it without the prior approval of the City unless the swviving entity from
such consolidation or merger remains controlled directly or indirectly by JMC
Development, Inc. or its shareholders.
f The Developer shall take no action which shall have the effect, singularly or in the
aggregate, of rendering Developer unable to continue to observe and perform the
covenants, agreements, and conditions hereof and the performance of all other
obligations required by this Agreement.
g. Provided all conditions precedent thereto have been satisfied or waived as provided
herein, the Developer shall design, construct and complete the First Phase of the
Project such that it is substantially complete as provided in this Agreement no later
than the Project Completion Date.
ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY.
10.01. Representations and Warranties. The City represents and warrants to the Developer that
each of the following statements is currently true and accurate and agrees that the Developer
may rely on each of the following statements:
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a. The City is a validly existing body cOtporate and politic of the State of Florida, has all
requisite cOtporate power and authority to carry on its business as now conducted and
to perform its obligations hereunder and under each document or instrument
contemplated by this Agreement to which it is or will be a party.
b. This Agreement and, to the extent such documents presently exist in form accepted by
the City and the Developer, each document contemplated or required by this
Agreement to which the City is or will be a party have been duly authorized by all
necessary action on the part ot: and have been or will be duly executed and delivered
by, the City, and neither the execution and delivery thereot: nor compliance with the
terms and provisions thereof or hereof (i) requires the approval and consent of any
other party, except such as have been duly obtained or as are specifically noted herein,
(ii) contravenes any existing law, judgment, governmental rule, regulation or order
applicable to or binding on the City, (iii) contravenes or results in any breach ot: or
default under or, other than as contemplated by this Agreement, results in the creation
of any lien or encumbrance upon any property of the City under any indenture,
mortgage, deed of trust, bank loan or credit agreement, applicable ordinances,
resolutions or, on the date of this Agreement, any other agreement or instrument to
which the City is a party, specifically including any covenants of any bonds, notes, or
other forms of indebtedness of the City outstanding on the Effective Date.
c. This Agreement and, to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this
Agreement to which the City is or will be a party constitute, or when entered into will
constitute, legal, valid and binding obligations of the City enforceable against the City
in accordance with the terms thereot: except as such enforceability may be limited by
public policy or applicable bankruptcy, insolvency or similar laws from time to time in
effect which affect creditors' rights generally and subject to usual equitable principles
in the event that equitable remedies are involved.
d. There are no pending or threatened actions or proceedings before any court or
admini!:trative agency against the City, or against any officer of the City, which
question the validity of any document contemplated hereunder, or which are likely in
any case, or in the aggregate, to materially adversely affect the consummation of the
transactions contemplated hereunder or the financial condition of the City.
10.02. Covenants. The City covenants with the Developer that until the earlier of the Termination
Date or the Expiration Date:
a. The City shall timely perform, or cause to be performed all of the obligations
contained herein which are the responsibility of the City to perform.
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b. During each year that this Agreement and the obligations of the City under this
Agreement shall be in effect, the City shall cause to be executed and to continue to be
in effect those instruments, documents, certificates, permits, licenses and approvals,
and shall cause to occur those events contemplated by this Agreement that are
applicable to and are the responSl"bility of the City.
c. The City shall assist and cooperate with the Developer to accomplish the development
of the Project in accordance with this Agreement and the Plans and Specifications,
wiD catTY out its duties and responSl"bilities contemplated by this Agreement, and will
not violate any laws, ordinances, rules, regulations, orders, contracts, or agreements
that are or will be applicable thereto, and, to the extent permitted by law, the City will
not enact or adopt or urge or encourage the adoption of any ordinances, resolutions,
rules, regulations or orders or approve or enter into any contracts or agreements,
including issuing any bonds, notes, or other forms of indebtedness, that will result in .
any provision of this Agreement to be in violation thereof or which wiD prevent or
adversely affect the development of the Project.
d. The City shall not request or approve any rezoning of the Project Site, or any part
thereot: which wiD prevent or adversely affect the development of the Project.
e. The City shall maintain its financial capability to catTY out its responsibilities as
contemplated by this Agreement and shall notify the Developer of any event,
condition, occurrence, or change in its financial condition which adversely affects, or
with the passage of time is likely to adversely affect, the City's financial capability to
catTY out its responsibilities contemplated hereby.
ARTICLE 11. CONDmONS PRECEDENT.
11.01. Developer Acquiring Controlled Property. The obligations of the Developer under the
Agreement are subject to the fiJlfil1ment to the satisfaction ot: or waiver in writing by, the
Developer of each of the fonowing conditions precedent:
a. The Developer shall have received evidence satisfactory to the Developer that the
Project Site permits the uses contemplated in this Agreement.
b. The Plans and Specifications as are required for issuance of the Building Permit
required to commence constrnction of the First Phase of the Project shall have been
approved by the City in accordance with applicable ordinances, land use regulations,
building codes and other regulations of the City.
c. The Developer shan have obtained a commitment for construction financing ftom the
Project Lender as provided in Article 6 hereof
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d. The City shall have closed and vacated any streets, alleys or other public rights-of-
way and existing plats as may be necessary for the construction and use of the Project
Site according to the Plan and Specifications, this Agreement and approved by
resolution the vacation of all such rights-of-way and existing plat in favor of the
Developer, provided however that the vacation will not be effective unless and until
the Developer has acquired the Controlled Property.
e. The Building Permit and all other Governmental Approvals necessary for constmction
of the Project to commence shall have been issued.
11.02. Responsibilities of the Parties for Conditions Precedent. The parties hereto shall not,
individually or collectively, knowingly, intentionally or negligently prevent any condition
precedent from occurring; provided, however, nothing in this Section is intended or shall be
deemed to deny any party the right to reasonably exercise its discretion to the extent
permitted by law or this Agreement.
ARTICLE 12. DEFAULT; TERMINATION.
12.01. Project Default by Developer.
a. There shall be an "event of default" by the Developer pertaining to the entire Project
upon the occurrence of anyone or more of the following after the Closing Date:
1. The Developer shall fail to perform or comply with any material provision of
this Agreement applicable to it within the time prescribed therefore, after
receipt of a notice from the City pursuant to Paragraph 12. 02(b XI), provided,
however, that suspension of or delay in performance by the Developer during
any period in which the City is in default of this Agreement as provided in
Section 12.02 hereofwill not constitute an event of default by the Developer
under this Subsection 12.01a., or
2. The Developer shall make a general assignment for the benefit of its creditors,
or shall admit in writing its inability to pay its debts as they become due or
shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or
insolvent, or shall file a petition seeking any reorganization, arrangement,
composition, readjustment, liquidation, dissolution or sDnilar reliefunder any
present or future statute, law or regulation or shall file an answer admitting, or
shall fail reasonably to contest, the material allegations of a petition filed
against it in any such proceeding, or shall seek or consent to or acquiesce in
the appointment of any trustee, receiver or liquidator of the Developer or any
material part of such entity's properties; or
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3. Within sixty (60) days after the commencement of any proceeding by or
against the Developer seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief under any present or
future statute, law or regulation, such proceeding shall not have been
dismissed or otherwise terminated, or if: within sixty (60) days after the
appointment without the consent or acquiescence of the Developer of any
trustee, receiver or liquidator of any of such entities or of any material part of
any of such entity's properties, such appointment shall not have been vacated;
or
1.
If an event of default by the Developer descnoed in subsection (a) above shall
occur, the City shall provide written notice thereof to the Developer, and, if
such event of default shall not be cured by the Developer within thirty (30)
days after receipt of the written notice from the City specifYing in reasonable
detail the event of default by the Developer, or if such event of default is of
such nature that it cannot be completely cured within such time period, then if
the Developer shall not have commenced to cure such default within such
thirty (30) day period and shall not diligently prosecute such cure to
completion within such reasonable longer period of time as may be necessary
(provided, however, if the Developer is proceeding diligently and in good
faith, the curative period shall be extended for a period of not exceeding six
(6) months without any approval or consent of the City being required, but
such approval will be required if the curative period is to be extended beyond
six (6) months (after the notice of default has been given by the City to the
Developer and such extended curative period may be ended by the City
electing to do so upon any Project Lender finding the Developer to be in
default of any Project Financing and the curative period therefor has expired
without such event of default being cured) then, in addition to any remedy
available under Section 12.05, the City may terminate this Agreement or
pursue any and all legal or equitable remedies to which the City is entitled,
provided, however, if the Developer shall fail to cure such event of default
within said thirty (30) day or longer period or ceases to proceed diligently to
timely cure such event of default, then the City may proceed to enforce other
available remedies without providing any additional notice to the Developer.
2. Any attempt by the City to pursue any of the above referenced remedies will
not be deemed an exclusive election of remedy or waiver of the City's right to
pursue any other remedy to which either may be entitled.
3. Any time periods or deadlines provided in this Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder if such
event affects the Developer's or City's ability to perform by such deadline or
the expiration of such period.
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c. Notwithstanding any provision of this Section, a default by the Developer shall not
affect the title of any condominium unit or common area conveyed by the Developer
to an unrelated third party or to a condominium association. The obligations of
Developer are personal to Developer and shall not run with the title to the Project or
any part thereof or give rise to a lien or encumbrance on same.
12.02. Default by the City.
a. Provided the Developer is not then in default under Section 12.01, there shall be an
"event of default" by the City under this Agreement in the event the City shall fail to
perform or comply with any material provision of this Agreement applicable to it;
provided, however, that suspension of or delay in performance by the City during any
period in which the Developer is in default of this Agreement as provided in Section
12.01 hereof will not constitute an event of default by the City under this Subsection
12.02(a).
b.
1.
Ifan event of default by the City descn'bed in Subsection 12.02(a) shall occur,
the Developer shall provide written notice thereof to the City, and, after
expiration of the curative period described in paragraph (2) below, may
terminate this Agreement, institute an action to compel specific performance
of the terms hereof by the City or pursue any and all legal or equitable
remedies to which the Developer is entitled.
2. The Developer may not terminate this Agreement or institute an action
described in paragraph (1) above if the City cures such event of default within
thirty (30) days after receipt by the City of written notice from the Developer
specifying in reasonable detail the event of default by the City, or if any such
event of default is of such nature that it cannot be completely cured within
such period, then within such reasonably longer period of time as may be
necessary to cure such default, provided however, if the City is proceeding
diligently and in good faith, the curative period shall be extended for a period
of not exceeding six (6) months without any approval or consent of the
Developer being required, but such approval will be required if the cUrative
period is to be extended beyond six (6) months after the notice of default has
been given by the Developer to the City if the City has commenced to cure
such default within such thirty (30) day period and is diligently prosecuting
such curative action to completion. The City shall within said thirty (30) day
period or such longer period promptly, diligently and in good faith proceed to
cure such event of default after receipt of the notice from the Developer and
shall succeed in curing such event of default within said period of time,
provided, however, if the City shall fail to cure such event of default within
said thirty (30) clay or longer period or ceases to proceed diligently to timely
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cure such event of default, then the Developer may proceed with its available
remedies without providing any additional notice to the City.
3. Any attempt by the Developer to pursue any of the remedies referred to in
paragraphs (1) and (2) above will not be deemed an exclusive election of
remedy or waiver of the Developers right to pursue any other remedy to
which it might be entitled.
4. Any time periods or deadlines provided in this Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder if such
event affects the Developers or City's ability to perform by such deadline or
the expiration of such period.
12.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the
contrary, the specified rights and remedies to which either the City or the Developer
are entitled under this Agreement are not exclusive and are intended to be in addition to any
other remedies or means of redress to which the City or the Developer may lawfully be
entitled and are not specifically prohibited by this Agreement. The suspension of: or delay in,
the performance of its obligations by the Developer, while the City shall at such time be in
default of their obligations hereunder shall not be deemed to be an "event of default. II The
suspension of: or delay in, the performance of the obligations by the City while the Developer
shall at such time be in default of its obligations hereunder shall not be deemed to be an "event
of default II by the City.
12.04. Non-Action on Failure to Observe Provisions of this Agreement. The failure of the City
or the Developer to promptly or continually insist upon strict performance of any
term, covenant, condition or provision of this Agreement, or any Exln'bit hereto, or any other
agreement, instrument or document of whatever form or nature contemplated hereby shall not
be deemed a waiver of any right or remedy that the City or the Developer may have, and shall
not be deemed a waiver of a subsequent default or nonperformance of such term, covenant,
condition or provision.
12.05. Termination.
a. The Developer and the City acknowledge and agree that as of the Effective Date
certain matters mutually agreed by the parties hereto to be essential to the successful
development of the Project have not been satisfied or are subject to certain conditions
legal requirements or approvals beyond the control of any of the parties hereto or
which cannot be definitely resolved under this Agreement, including, but not limited
to, failure of a governmental authority to grant an approval required for development
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of the Project or insurable title to the Project Site has not been obtained. In
recognition of these events or conditions, the parties hereto mutually agree that,
provided the appropriate or responsible party therefor diligently and in good faith
seeks to the fullest extent of its capabilities to cause such event or condition to occur
or be satisfied, the firilure of the events or conditions listed in subsection (b) below to
occur or be satisfied shall not constitute an event of default by any party under this
Article 14, but may, upon the election of any party hereto, be the basis for a
termination of this Agreement in accordance with this Section.
b. In addition to any other rights of termination provided elsewhere in this Agreement,
this Agreement may be terminated as provided in subsection ( c) by the City or the
Developer after the occurrence of any of the fonowing events or conditions (except
for paragraph (3) in which event only the Developer may terminate this Agreement
pursuant to this subsection (b)):
1. the appropriate governmental authority (including the City in exercise of its
governmental and regulatory authority and responsibility), upon petition by
the Developer, denies or fails to: issue the necessary order or other action
necessary, issue the Permits, issue the Building Permits, or approve any other
land use necessary to construct the Project on the Project Site, provided the
Developer has proceeded diligently, expeditiously and in good faith to obtain
such approval, permits or other necessary actions;
2. a previously unknown site condition is subsequently discovered and that
condition prevents successful development of the Project, or part of the
Project on the Project Site, or part of the Project Site (in which case only the
Developer at his option can terminate the project as not feasible); or
3. The Developer is unable to acquire marketable title to the Controned Property
on or before March 31, 2000.
c. Upon the occurrence of an event descn"bed in subsection (b) or in the event that the
Developer or the City, after diligently and in good faith to the fullest extent its
capabilities, is unable to cause a condition precedent to its respective obligations to
occur or be satisfied, then the Developer or the City may elect to terminate this
Agreement by giving a notice to the other party hereto within thirty (30) days of the
occurrence of such event or the determination of inability to cause a condition
precedent to occur or be satisfied, stating its election to terminate this Agreement as a
result thereot: in which case this Agreement shall then terminate.
d. In the event of a termination pursuant to this Section 14.06, neither the Developer nor
the City shall be obligated or liable one to the other in any way, financially or
otherwise, for any claim or matter arising from or as a resuh of this Agreement or any
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actions taken by the Developer and the City, or any of them, hereunder or con-
templated hereby, and each party shall be responsible for its own costs, however, the
provisions of Sections 10.01 and 10.02 shall apply and shall survive termination of
this Agreement, the provisions of this Subsection 14.07(d) to the contrary
notwithstanding.
12.06. Termination Certificate.
a. In the event of a termination of this Agreement for any reason prior to the Expiration
Date, each of the parties hereto do covenant and agree with each other to promptly
execute a certificate prepared by the party electing to terminate tbisAgreement, which
certificate shan expressly state that this Agreement has been terminated in accordance
with its terms, is no longer of any force and effect except for those provisions hereof
which expressly survive termination, that the rights, duties and obligations of the
parties hereto have been terminated and released (subject to those swviving
provisions hereof) and that the Project Site is no longer subject to any restrictions,
limitations or encumbrances imposed by this Agreement.
b. The certificate described in Subsection (a) shall be prepared in a form suitable for
recording and promptly after execution by an of the parties hereto shall be recorded in
the public records ofPinellas County, Florida.
ARTICLE 13. RIGHT TO CONTEST.
13.01. Right to Contest. Subject to the conditions set forth in Section 13.02 below, the City or the
Developer each may, at its sole discretion and expense, after prior written notice to the other
parties hereto, contest by appropriate action or proceeding conducted in good faith and with
due diligence, the amount or validity or application, in whole or in part, of any. lien, any
payment of any taxes, assessments, impact fees or other public charges of a similarnature that
may from time to time be levied upon or assessed by any appropriate governmental authority
against the Developer, the Project (or any part tbereof), the Project Site, furniture, fixtures,
equipment or other personal property thereon, and the revenues generated from the use or
operation of any or all of the above, any other payment specifically identified in this
Agreement, or compliance with any law, rule, regulation, or other such legal requirement.
13.02. Conditions. The right to contest any charge, payment or requirement pursuant to Section
15.01 is subject to the following:
a. such proceeding shall suspend the execution or enforcement of such charge, payment
or requirement;
b. such proceeding will not create any risk of impairment of the acquisition or
preparation of the Project Site, the construction, completion, operation or use of the
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Project, the Project Site, or any part thereof: in any material respect, and neither the
Project or Project Site, nor any part of the Project or the Project Site, would be
subject to any risk ofbeing involuntarily sold, forfeited or lost or the acquisition of the
Project Site or the constmction, equipping, or completion of the Project or any part
thereof be delayed or proh1'bited;
c. such proceeding will not subject any other party to criminalliabiJity or risk of material
civil liability for failure to comply therewith, or involve risk of any material claim
against such party; and
d. the party seeking the benefit of this Article shall have furnished to the other parties
such security, if any, as may be required in such proceeding or as may be reasonably
requested by the others, to protect the Project and the Project Site, and any part
thereof: and any interest of such parties hereunder.
ARTICLE 14. ARBfl'RATION
14.01. Agreement to Arbitrate. Only as specifically provided in this Agreement and only if any
judicial or administrative action or proceeding has not been commenced with regard to the
same matter and, if so, the party hereto commencing such action has not dismissed it, any
disagreement or dispute between the parties may be arbitrated in the manner set forth in this
Article 14. AIl parties hereby agree such arbitration, once commenced, shall be the exclusive
procedure for resolving such disagreement or dispute and agree to be bound by the result of
any such arbitration proceeding unless all parties mutually agree to terminate such proceeding
prior to decision. If any arbitration proceeding under this part adversely affects the
performance of any party hereunder, then any time periods provided herein for such
performance by that party shall be tolled during the pendency of the arbitration proceeding
affecting such performance.
14.02. Appointment of Arbitrators.
a.
1.
Unless accelerated arbitration as provided in Section 14.08 hereofis invoked,
any party invoking arbitration herewith shall, within five (5) days after giving
notice of impasse in the dispute resolution process or upon following the
expiration of the time period for such dispute resolution occurrence of the
event permitting arbitration to be invoked, give written notice to that effect to
the other parties, and shall in such notice appoint a disinterested person who is
on the list of qualified arbitrators maintained by the American Arbitration
Association or a disinterested person not on such list to whom an objection is
not made by any other party hereto within five (S) days of receipt of the notice
of such appointment as the arbitrator or, if more than one (1) arbitrator is to
be appointed, as one of the arbitrators.
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2. Within ten (10) days after receipt of the notice descn'bed in paragraph (1), the
other parties shall by written notice to the original party acknowledge that
arbitration has been invoked as permitted by this Agreement, and shall either
accept and approve the appointment of such individual set forth in the original
notice as a sole arbitrator or shall appoint one (1) disinterested person per
party of recognized competence in such field as an arbitrator.
b.
1.
If two (2) arbitrators are appointed pursuant to subsection (a) above, the
arbitrators thus appointed shall appoint a third disinterested person who is on
the list of qualified arbitrators maintained by the American Arbitration
Association, and such three (3) arbitrators shall as promptly as possible
determine such matter.
2. If the second arbitrator shall not have been appointed as provided in
subsection (a), the first arbitrator shall, after ten (10) days notice to the
parties, proceed to determine such matter.
3. If the two (2) arbitrators appointed by the parties pursuant to subsection (a)
shall be unable to agree within fifteen (15) days after the appointment of the
second arbitrator upon the appointment of a third arbitrator, they shall give
written notice of such failure to agree to the parties, and, if the parties then fiill
to agree upon the selection of such third arbitrator within fifteen (15) days
thereafter, then within ten (10) days thereafter each of the parties upon written
notice to the other parties hereto may request the appointment of a third
arbitrator by the office in or for the State of Florida (or if more than one
office, the office located closest to the City) of the American Arbitration
Association (or any successor organization thereto), or, in its absence, refusal,
failure or inability to act, request such appointment of such arbitrator by the
United States District Court for the Middle District of Florida (which request
shall be filed in the division of that court respoDSl'ble for the geographic area
including the City), or as otherwise provided in Chapter 682, Florida Statutes,
known and referred to as the Florida Arbitration Act, as amended.
14.03. General Procedures. In any arbitration proceeding under this part, those parties appointing
arbitrators shall each be fully entitled to present evidence and argument to the sole arbitrator
or panel of arbitrators. The arbitrator or panel of arbitrators shall only interpret and apply the
terms of this Agreement and may not change any such terms, or deprive any party to this
Agreement of any right or remedy expressed or implied in this Agreement, or award any
damages or other compensation to any party hereto. The arbitration proceedings shall follow
the rules and procedures of the American Arbitration Association (or any successor
organization thereto) unless specifically modified by this Agreement, or as then agreed to by
the parties hereto.
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14.04. Maj ority Rule. In any arbitration proceeding under this part, the determination of the
majority of the panel of arbitrators, or of the sole arbitrator if only one (1) arbitrator is used,
shall be conclusive upon the parties and judgment upon the same may be entered in any court
having jurisdiction thereof The arbitrator or panel of arbitrators shall give written notice to
the parties stating his or their determination within thirty (30) days after the conclusion of the
hearing or final submission of all evidence or argument.
14.05. Replacement of Arbitrator. In the event of the failure, refusal or inability of any arbitrator
to serve as such, promptly upon such detennination being made by the affected arbitrator, the
affected arbitrator shall give notice to the other two (2) arbitrators (if applicable) and to the
parties hereto, and then a new arbitrator shall be promptly appointed as a replacement, which
appointment shall be made by the party or the arbitrators who appointed the affected
arbitrator in the same manner as provided for in the original appointment of the affected
arbitrator in Section 14.02 hereof
14.06. Decision of Arbitrators.
a. If any decision reached by arbitration as provided in this part requires performance by
the Developer, the Developer covenants and agrees to comply with any decision of
the arbitrator( s) promptly after the date of receipt by the Developer of such decision,
and to continue such performance to completion with due diligence and in good faith.
b. If any such decision requires performance by the City, the City covenants and agrees
to comply promptly with any decision reached by arbitrators) promptly after the date
of receipt by the City of such decision, and to continue such performance to
completion with due diligence and in good Wth.
c. Nothing in this part, nor in any arbitration decision rendered under this part, shaII be
construed to require any payment by the City to the Developer not otherwise
provided for herein.
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14.07. Expense of Arbitration. The expenses of any arbitration proceeding pursuant to this part
shall be borne equally by the parties to such proceeding, provided, however, for the purpose of this
Section 14.06, "expenses" shall include the fees and expenses of the arbitrators and the American
Arbitration Association with respect to such proceeding, but shall not include attomeys' fees or expert
witness fees, or any costs incurred by attomeys or expert witnesses, unless (and to the extent) agreed
to by the parties to such proceeding, which in the absence of such Agreement shall be the
responsibility of the party incurring such fees or costs.
14.08. Accelerated Arbitration.
a.
1.
If any of the parties to any arbitration proceeding under this part determines
the matter for arbitration should be decided on an expedited basis, then after
an initial election to invoke arbitration pursuant to Section 14.02 hereofhas
been made, either party to such proceeding may invoke accelerated arbitration
by giving notice thereof to the other parties no later than three (3) days after
arbitration has been initially invoked and the other parties do not object within
three (3) days thereafter.
2. Accelerated arbitration, for purposes of this Section 14.08, shall be
accomplished by either party notifying the American Arbitration Association
(or any successor organization thereto) that the parties have agreed to a single
arbitrator, qualified to decide the matter for arbitration, to be appointed by the
American Arbitration Association (or any successor organization thereto) with
the consent of the parties to such proceeding within three (3) days after
receipt of the request and to decide such matter within five (5) days after such
appointment.
3. If an arbitrator is not so appointed with consent of the parties to the
proceeding within three (3) days after the notice referred to in paragraph (2) is
received by the American Arbitration Association, the accelerated proceeding
under this Section 14.08 shall terminate and the procedures otherwise set
forth in this Article 14 shall apply, unless the parties mutually agree to an
extension of such time period.
b. The Developer and the City hereby agree to use such accelerated procedure only
when reasonably necessary, to not contest the appointment of the arbitrator or his or
her decision except as may be permitted by law, and that all other provisions of this
part, except as are in conflict with this Section 14.08, remain in effect and applicable
to an accelerated arbitration proceeding.
14.09. Applicable Law. To the extent not inconsistent with this article, any arbitration proceeding
under this article shall be governed by the provisions of Chapter 682, Florida Statutes, as
amended, known and referred to as the Florida Arbitration Code.
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14.10. Arbitration Proceedings and Records. Any arbitration hearing under this article shall be
considered a meeting subject to Section 286.011, Florida Statutes, and shall be open to any
member of the public. Unless otherwise rendered confidential pursuant to or by the operation
of any applicable law or order (other than an order by a sole arbitrator or panel of arbitrators
acting under this part), the record of such proceedings shall be a public record under Chapter
119, Florida Statutes.
ARTICLE 15. UNAVOIDABLE DELAY.
15.01. Unavoidable Delay.
a.Any delay in performance of or inability to perform any obligation under this
Agreement (other than an obligation to pay money) due to any event or condition
descooed in paragraph (b) as an event of "Unavoidable Delay" shall be excused in the
manner provided in this Section 15.01.
b. "Unavoidable Delay' means any of the following events or conditions or any
combination thereof: acts of God, acts of the public enemy, riot, insurrection, war,
pestilence, archaeological excavations required by law, unavailability of materials after
timely ordering of same, epidemics, quarantine restrictions, freight embargoes, fire,
lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and
excessively inclement weather (as indicated by the records of the local weather bureau
for a five-year period preceding the Effective Date), strikes or labor disturbances,
delays due to proceedings under Chapters 73 and 74, Florida Statutes, restoration in
connection with any of the foregoing or any other cause beyond the reasonable
control of the party performing the obligation in question, including, without
limitation, such causes as may arise from the act of the other party to this Agreement,
or acts of any governmental authority (except that acts of the City shall not constitute
an Unavoidable Delay with respect to performance by the City).
c. An application by any party hereto (referred to in this paragraph (c) and in paragraph
(d) as the "Applicant") for an extension of time pursuant to this subsection must be.in
writing, must set forth in detail the reasons and causes of delay, and must be filed with
the other party to this Agreement within seven (7) days following the occurrence of
the event or condition causing the Unavoidable Delay or seven (7) days fonowing the
Applicant becoming aware (or with the exercise of reasonable diligence should have
become aware) of such occurrence.
d. The Applicant shall be entitled to an extension of time for an Unavoidable Delay only
for the number of days of delay due solely to the occurrence of the event or condition
causing such Unavoidable Delay and only to the extent that any such occurrence
actually delays that party from proceeding with its rights, duties and obligations under
this Agreement affected by such occurrence.
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ARTICLE 16. FIRE OR OTHER CASUALTY; CONDEMNATION.
16.01. Loss or Damage to Project.
a. Until the Completion Date, and without regard to the extent or availability of any
insurance proceeds, the Developer covenants and agrees to diligently commence and
complete the reconstruction or repair of any loss or damage caused by fire or other
casualty or by eminent domain (provided the City is not the condemning authority) to
each and every part of the Project which it owns to substantially the same size, floor
area, cubic content and general appearance as existed prior to the occurrence of such
loss or damage, promptly after the City approves the Plans and Specifications for such
reconstruction or repairs; provided, however, that nothing contained herein shall
obligate the Developer to rebuild any of the buildings or other improvements cwrently
on the Project Site that are to be demolished in order to construct the Project.
b. The City shall review the Plans and Specifications for such reconstruction or repairs
as soon as possible after filing thereof by the Developer. The City agrees to approve
the Plans and Specifications for such reconstruction or repairs if the reconstmction or
repairs contemplated by such Plans and Specifications will restore the Project, or the
damaged portion thereot: to substantially the same condition as existed prior to the
occurrence of such loss or damage and if such Plans and Specifications conform. to the
applicable laws, ordinances, codes, and regulations in effect at the time of :filing with
the City of the plans and specifications for such reconstruction or repairs.
16.02. Partial Loss or Damage to Project. Any loss or damage by fire or other casualty or exercise
of eminent domain to the Project or Project Site, or any portion thereot: which does not
render the Project or Project Site unusable for the use contemplated by Section 18.01 of this
Agreement, shall not operate to terminate this Agreement or to relieve or discharge the
Developer from the timely performance and fhlfiUment of the Developer's obligations
pursuant to this Agreement, subject to an extension of time for an Unavoidable Delay.
16.03. Project Insurance Proceeds.
a. Whenever the Project, or any part thereot: shall have been damaged or destroyed, the
Developer shall promptly make proof ofloss and shall proceed promptly to conect, or
cause to be collected, all valid claims which may have arisen against insurers or others
based upon such damage or destmction.
b. Subject to the rights of a Project Lender, the Developer agrees that all proceeds of
property or casualty insurance received by the Developer as a result of such loss or
damage shall be available and shall be used for payment of the costs of the
reconstruction or repair of the Project to the extent necessary to repair or reconstruct
the Project.
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16.04. Notice of Loss or Damage to Project. The Developer shall promptly give the City written
notice of any significant damage or destruction to the Project stating the date on which such
damage or destruction occurred, the expectations of the Developer as to the effect of such
damage or destruction on the use of the Project, and the proposed schedule, if any, for repair
or reconstruction of the Project.
16.05. Condemnation of Project or Project Site; Application of Proceeds. In the event that part,
but not all, of the Project or Project Site, or both, shall be taken by the exercise of the power
of eminent domain at any time before the Expiration Date, subject to the rights of a Project
Lender, the compensation awarded to and received by the Developer shall be applied first to
the restoration of the Project, provided the Project can be restored and be commercially
feasible for its intended use as contemplated by Section 16.01 of this Agreement after the
taking, and, ifnot, can be retained by the Developer.
ARTICLE 17. MISCELLANEOUS
17.01. Assignments.
a. By the Developer.
1. Prior to the Commencement Date, the Developer may sell, convey, assign or
otherwise dispose of any or all of its right, title, interest and obligations in and
to the Project, or any part thereof to a successor developer, only with the
prior written consent of the City, provided that such successor developer
(hereinafter referred to as the "assignee") , to the extent of the sale,
conveyance, assignment or other disposition by the Developer to the assignee,
shall be bound by the terms of this Agreement the same as the Developer for
such part of the Project as is subject to such sale, conveyance, assignment or
other disposition.
2. If the assignee of Developer's right, title, interest and obligations in and to the
Project, or any part thereof assumes all of Developer's obligations hereunder
for the Project, or that part subject to such sale, conveyance, assignment or
other disposition, then the Developer shall be released from all such
obligations hereunder which have been so assumed by the assignee, and the
City agrees to execute an instrument evidencing such release, which shall be in
recordable form
3. An assignment of the Project, or any part thereot: by the Developer to any
corporation, limited partnership, general partnership, joint venture or other
entity, in which the Developer or an entity under common ownership or
control with Developer shall not be deemed an assignment or transfer subject
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to any restriction on or approvals of assignments or transfers imposed by this
Section 17.01, provided, however, that notice of such assignment shan be
given by the Developer to the City prior to such assignment being effective
and the assignee shall be bound by the terms of this Agreement to the same
extent as would the Developer in the absence of such assignment.
4. No assignee of all or any part of the Developer's rights and obligations with
respect to part of the Project shall in any way be obligated or responsible for
any of the Developer's obligations with respect to any other part by virtue of
this Agreement unless and mtil such assignee has expressly assumed
Developer's such other obligations.
17.02. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the
City, and its successors and assigns, and the Developer, and its successors and assigns, except
as may otherwise be specifically provided herein.
17.03. Notices.
a. All notices, demands, requests for approvals or other communications given by either
party to another shall be in writing, and shall be sent by registered or certified mail,
postage prepaid, return receipt requested or by courier service, or by hand delivery to
the office for each party indicated below and addressed as follows:
To the Developer: To the City:
Mandalay Beach Club, Ltd.
2201 4th Street North [insert]
Suite 200
St. Petersburg, FL 33704
with copies to: with copies to:
Robert F. Greene, Esq.
Greene, Donnelly & Schermer
1301 6th Avenue West
Suite 400
Bradenton, FL 34205
[insert]
b. Notices given by courier service or by hand delivery shall be effective upon delivery
and notices given by mail shall be effective on the third (3rd) business day after
mailing. Refusal by any person to accept delivery of any notice delivered to the office
at the address indicated above (or as it may be changed) shall be deemed to have been
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an effective delivery as provided in this Section 20.03. The addresses to which notices
are to be sent may be changed from time to time by written notice delivered to the
other parties and such notices shall be effective upon receipt. Until notice of change
of address is received as to any particular party hereto, all other parties may rely upon
the last address given.
17.04. Applicable Law and Construction. The laws of the State of Florida shall govern the
validity, performance and enforcement of this Agreement. This Agreement has been
negotiated by the City and the Developer, and the Agreement, including, without limitation,
the Exhibits, shall not be deemed to have been prepared by the City or the Developer, but by
all equally.
17.05. Venue; Submission to Jurisdiction.
a. For purposes of any suit action, or other proceeding arising out of or relating to this
Agreement, the parties hereto do acknowledge, consent, and agree that venue thereof
is Pinellas County, Florida.
b. Each party to this Agreement hereby submits to the jurisdiction of the State of
Florida, PineDas County and the courts thereof and to the jurisdiction of the United
States District Court for the Middle District of Florida, for the pwposes of any suit,
action, or other proceeding arising out of or relating to this Agreement and hereby
agrees not to assert by way of a motion as a defense or otherwise that such action is
brought in an inconvenient forum or that the venue of such action is improper or that
the subject matter thereof may not be enforced in or by such courts.
c. If at any time during the term of this Agreement the Developer is not a resident of the
State of Florida or has no office, employee, City or general partner thereof available
for service of process as a resident of the State of Florida, or if any permitted assignee
thereof shall be a foreign corporation, partnership or other entity or shall.have no .
officer, employee, agent, or general partner available for service of process in the
State of Florida, the Developer hereby designates the Secretary of State, State of
Florida, its agent for the service of process in any court action between it and the
City, or both, arising out of or relating to this Agreement and such service shall be
made as provided by the laws of the State of Florida for service upon a non-resident;
provided, however, that at the time of service on the Florida Secretary of State, a
copy of such service shall be delivered to the Developer at the address for notices as
provided in 17.03.
17.06. Estoppel Certificates. The Developer and the City shall at any time and from time to time,
upon not less than ten (10) days prior notice by another party hereto, execute, acknowledge
and deliver to the other parties a statement in recordable form certifying that this Agreement
has not been modified and is in full force and effect (or if there have been modifications that
Page 37
JMC\Oty .rOeanntfr A&nm-t
A{)
.,
~ PINELLAS COUNTY rLA,
1[0rr.REC,BK 10e20 PG 1~~1
--'_.-"--'-'---'--''''-~._''---
the said Agreement as modified is in full force and effect and setting forth a notation of such
modifications), and that to the knowledge of such party, neither it nor any other party is then
in defauh hereof( or if another party is then in defauh hereo~ stating the nature and details of
such default), it being intended that any such statement delivered pursuant to this Section
17.07 may be relied upon by any prospective purchaser, mortgagee, successor, assignee of
any mortgage or assignee of the respective interest in the Project, if any, of any party made in
accordance with the provisions of this Agreement.
17.07. Complete Agreement; Amendments.
a. This Agreement, and all the terms and provisions contained herein, including without
limitation the Exhibits hereto, constitute the full and complete agreement between the
parties hereto to the date hereo~ and supersedes and controls over any and all prior
agreements, understandings, representations, correspondence and statements, whether
written or oral
b. Any provision of this Agreement shall be read and applied in nm materia with all
other provisions hereof.
c. This Agreement cannot be changed or revised except by written amendment signed by
all parties hereto.
17.08. Captions. The article and section headings and captions of this Agreement and the table of
contents preceding this Agreement are for convenience and reference only and in no way
define, limit, descn'be the scope or intent of this Agreement or any part thereo~ or in any way
affect this Agreement or construe any article, section, subsection, paragraph or provision
hereof.
17.09. Holidays. It is hereby agreed and declared that whenever a notice or performance under the
terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal holiday
observed in the City, it shall be postponed to the next following business day.
17.10. Exhibits. Each Exht'bit referred to and attached to this Agreement is an essential part of this
Agreement. The Exhibits and any amendments or revisions thereto, even ifnot physically
attached hereto shall be treated as if they are part of this Agreement.
17.11. No Brokers. The City and the Developer hereby represent, agree and acknowledge that no
real estate broker or other person is entitled to claim or to be paid a comml~on as a result of
the execution and delivery of this Agreement, including any of the Exhibits, or any proposed
improvement, use, disposition, lease, conveyance or acquisition of any or all of the Project
Site.
Page 38
JMC\C1ty orClearwatw Agreement
IJf1
~INE~~R. COUNT V r~R,
Off.REC.9K 10920 PG 1~~2 _
.----.------------.----
17.12. Not an Agent of City. During the term of this Agreement, the Developer hereunder shall not
be an agent of the City with respect to any and all services to be performed by the Developer
(and any of its agents, assigns, or successors) with respect to the Project.
.,
17.13. Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills
and is pursuant to and for a public pwpose and municipal pwpose and is in the public interest,
and is a proper exercise of the City's power and authority.
17.14. No General Obligation. In no event shall any obligation of the City under thisAgreement be
or constitute a general obligation or indebtedness of the City or the City, a pledge of the ad
valorem taxing power of the City or the City or a general obligation or indebtedness of the
City or the City within the meaning of the Constitution of the State of Florida or any other
applicable laws, but shall be payable solely from legally available revenues and funds. Neither
the Developer nor any other party under or beneficiary of this Agreement shall ever have the
right to compel the exercise of the ad valorem taxing power of the City, the City or any other
governmental entity or taxation in any form on any real or personal property to pay the City's
or the City's obligations or undertakings hereunder.
17.15. Technical Amendments; Survey Corrections. In the event that due to minor inaccuracies
contained herein or any Exlu1>it attached hereto or any other agreement contemplated hereby,
or due to changes resulting from technical matters arising during the term of this Agreement,
the parties agree that amendments to this Agreement required due to such inaccuracies,
unforeseen events or circumstances which do not change the substance ofthisAgreement may
be made and incorporated herein. The City Manager is authorized to approve such technical
amendments on behalf of the City, respectively, and is authorized to execute any required
instruments, to make and incorporate such amendment to this Agreement or any Exhibit
attached hereto or any other agreement contemplated hereby.
17.16. Term; Expiration; Certificate.
a. If not earlier terminated as provided in Section 12.06, this Agreement shall expire and
no longer be of any force and effect on the tenth anniversary of the Effective Date
(''Expiration Date").
b. Upon completion of the term of this Agreement, all parties hereto shall execute the
Agreement Expiration Certificate. The Agreement Expiration Certificate shall
constitute (and it shall be so provided in the certificate) a conclusive determination of
satisfactory completion of all obligations hereunder and the expiration of this
Agreement.
c. In the event of any dispute as to whether any party is required to execute the
Agreement Expiration Certificate, the dispute shall be resolved by arbitration as
provided in Article 14.
Page 39
JMC\Cty orClnrwaCer A~t
NJ
.,
~ PINELLRS COUNTY rLR.
~ Orr.REC.BK 10820 PG 1333
d. The Agreement Expiration Certificate shall be in such form as will enable it to be
recorded in the public records ofPinellas County, Florida. Following execution by aD
of the parties hereto, the Agreement Expiration Certificate shall promptly be recorded
by the Developer in the public records ofPinellas County, Florida and the Developer
shall pay the cost of such recording.
17.17. Effective Date. Upon execution of this Agreement (and such of the ExIn"bits as are
contemplated to be executed simultaneously with this Agreement) by the authorized officers
of.the City and by authorized representatives of the Developer following approval hereofby
the City and the Board of Directors of the Developer, this Agreement (and any executed
Exhibits) shall then be in full force and effect in accordance with its terms and the date of such
execution shall be the Effective Date.
17.18. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their
respective intent as of the Effective Date and do covenant and agree in the future that all
approvals, consents, and reviews will be tmdertaken and completed as expeditiously as
possible, in good faith, and will not be arbitrarily or unreasonably withheld, unless otherwise
expressly authorized by the terms of this Agreement.
Page 40
.JMC\Oty of Clellrwater Agreenwnt
.dJ
.,
, PINELLRS COUNT V rLR.
Orr . REC . BK_l0B20 ~~~3~
,--------------.- .
IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals
affixed as of this L. day of ~-' 2000.
::~)/Pt
Mayor-Commissioner
CITY OF ~LEARWATER, FLORIDA
1Jy: -
M( hael 1. Roberto
City Manager
Approved as to form:
~Akin
City Attorney
~2:. ii.
. a E. Goudeau .; ~-.
City lerk . .
~._'
.-- .
STATE OF FLORIDA )
COUNTY OF PlNELLAs )
The foregoing instrument was acknowledged before me this 3 ~ay of ~ .
2000 by BRIAN J. AUNGST, Mayor-Cornrni~oner of the City of Clearwater, who is personally
known to me.
C~cX' ~
Print/Type Name:
Notary Public
NCl'rMVI'UlUC . STATe 01' ~
liIVtUI.TN L ..-
COfoIIftlll1ClN . CC834878
EXPIRES liI27nl103
BONDEDTHRUASA 1.-.rtOTARYt
STATE OF FLoRIDA )
COUNTY OF PlNELLAS )
^^
The foregoing instrument was acknowledged before me t11J _day of ~
2000 by MICHAEL 1. ROBERTO, City Manager of the City of Clearwater, who is personally
known to me.
c~~.~
PrintlType Name:
bli tfl1fMV I'UIILIC . BTAT" Of' FLORIDA
Notary Pu c CAROLYNL IAN(
COfV-WV". CCI34678
EllPlRUII22I2G03
IQNDEDTHRU ASA 1~ARY1
Page 41
JMC\Clty .fClearwater Agreen.nt
jIJ
.,
""'~ INEL.L.AS COUNTY F'L.FI.
,iF'.REC,8K 10820 PO 1~~~
MANDALAY BEACH CLUB, LTD.,
a Florida limited partnership
By: JMC Communities of Oearwater
m, Inc., I Partner
By:
STATE OF FLORIDA )
)
COUNTY OF PlNELLAS )
The f()rego~g instlUment was acknowJr4l&..ed before me this''Z8 day of Ja..n Llo-V"~ .
20~ by .j. M\ ",^b.t-\ C~ as~t JMC Communities of Clearwater m. Inc., a
Florida corporation, as General Partner of ffiflllf\dO ~ ao.e.it C/l..d1, L~ a Florida
limited partnership.
By: ~hl. ~..L----
/ Signature of Notary Pu c
G./J(1 L.- loA. (00('etL-
Printed, typed or stamp
JG~,<~'\ cw.M, C<I.)PER
" 'f>>io\ ,MYCOUM~c;r,.(I;~", ;:.,. ~"~:{;
it. " EXPIRE." "",ay 'I. ':~J~
~~ ......Thru ~:tl.~.\ ~ut~." "::..'Hwri~ J
My Commissions Expires:
JMC\Clearwater Property\agreement for development 2
Page 42
JMC\City of Clearw..... A~Dt
~
-,
,
Exhibit "A"
PIN~LLAS COUNTY rLA.
Orr.R~C.BK 10B20 PG 133B
-------------------
Legal Description
Commercial Parcels
Lots 72,73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84 and 85 of CLEARWATER BEACH PARK,
according to the map or plat thereo~ as recorded in Plat Book 10, Page 42, of the Public Records of
PinelIas County, Florida.
.,
,
EXIDBIT "B"
p lNEl.l.A$ ~%~~6Y p~l.~337 ___
orf" . RE~--,-~~_______,.------------------
--+-------
Legal Description
Controlled Prop~
Units ~ B. C and D. FOUR SEASONS lANDINGS. a Condominium, per map or plat thereof as
recorded in Plat Book 10. Page 42 of the Public Records ofPinellas County. Florida. and
Declaration of Condominium recorded in Official Record Book 6830. Page 196. Public Records
ofPinellas County. Florida. the real property comprising such condominium being more
particularly described as follows:
Parcell:
Lots 27 and 28. CLEARWATER BEACH P~ according to the map or plat thereot: as
recorded in Plat Book 10. Page 42 of the Public Records ofPinellas County. Florida.
Parcel 2:
All lands lying west of said Lots 27 and 28 to the mean high water line of the Gulf of Mexico and
lying south of a westerly projection of the common boundary line between Lots 26 and 27 of said
CLEARWATER BEACH PARK, and north of a line from the southwest comer of said Lot 28
projected west and parallel to said common boundary line between said Lots 26 and 27. together
with and including all littoral rights appurtenant thereto.
Parcel 3:
Lot 26 and the south ~ of Lot 2S. CLEARWATER BEACH PARK, according to the map or plat
thereot: as recorded in Plat Book 10. Page 42 of the Public Records ofPinellas County. Florida.
Parcel 4:
All lands lying west of said Lot 26 and the south ~ of said Lot 2S to the mean high water line of
the Gulf of Mexico and lying north of a westerly projection of the common boundary line between
Lots 26 and 27 of said CLEARWATERBFACH PARK, and south ofa line from the northwest
comer of the south ~ of said Lot 2S projected west and parallel to said common boundary line
between said Lots 25 and 26. together with and including all littoral rights appurtenant thereto.
TOGETHER WITH:
Lots 39 and 40 and East 36 feet of South 8.5 feet of Lot 41. Clearwater Beach Park, as per plat
thereof recorded in Plat Book 10. Page 42 of the Public Records ofPinellas County. Florida. -
TOGETHER WITH:
Lots 14, 15. 16. 17, 18, 19.20,21,22,23.24. North ~ of25, 29,30.31.32.33,34, 35, 36, 37,
38,41 and 42, less the East 36 feet of the South 8.5 feet of Lot 41, Clearwater Beach Park, as per
plat thereof recorded in Plat Book 10, Page 42 of the Public Records ofPinellas County, Florida.
,""""
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OF
IT Y
C L E1 R W ATE R
PL-\.'\:\ING & OEVELOP~IE~T SER'vlCES AD~IINISTRATlON
POST OffICE Bo~ i7i8. ClE.\R\UTER. FLORlO.\ 33758.-l7~8
ML'~ICIP..u. SER\1CE.'i BUlDl~(j. 100 SOl TH ~1"'R11.E .\"'E='U. ClE.\RIl'.HER. FlORlD.\ 3.F:;6
TEI.f.PHOSE C27) 562....~6- F.\.'< C:!, 562...5-:"6
PINE~~RS COUNTY r~R.
Orr.REC.BK 10B20 PG 133B
October 4, 1999
Mr. John Hobach, President
JMC Communities
2201 4th Street North, Suite 200
St. Petersburg, Florida 33704
Dear John,
I have reviewed the conceptual site plan for your proposed project west of Mandalay on
Clearwater Beach based on the current Community Development Code regarding the
density, height, parking and setbacks that are being proposed.
Density: From west to east the following development potential exists. Based on the
units you control for Lots 14-28 as a result of the seulement agreement, there are one
hundred-twelve units available. The right of way area from Gulfview would yield twelve
units at thirty units per acre. And the property immediately east of Gulfview would yield
twenty-four units at thirty units per acre. The total for the combined area would be one
hundred forty-eight units. You have indicated an intent to transfer nine units to this
property, which would yield a total unit count of one hundred-fifty seven units.
Height: The proposed height of the project is one hundred-fifty feet. This height would
be allowed subject to approval by the Community Development Board and is consistent
with the allowed height in conjunction with the transfer of development rights.
Parking: You have proposed two hundred-thirty-six parking spaces, which meets the
spaces required by code.
Setbacks: You have proposed a minimum of a ten feet rear setback, which is consistent
with the code.
OSE CITf. OSE fnUE.
BIU.\.~ J. :\l~H. ~l\\Oll..cO"~US~IO:"ER
ED HOOPER. VICF. ~l\\UR.Co~\lI"~k):"El
ED KUT. COM~lI~~IO:"[l
(j
BoB CLUlK. C("I\II~~IO'~S
JB. JOH:"~):". C"\I"t:'''K''f~
'"EQUI. E\IPI.,,))IE', .\..xo _\fFIIl~l'TI\'E .\CTIOS E\:PlOYEk"
..-
.,
,
The project, as proposed, would require review and approval by the Community
Development Board after a required public hearing. If you have any questions please
contact me at 562-4583.
Sincerely,
/)t-4h ~
Ralph Stone, Planning Director
PINELLRS COUNTY rLR.
Orr .REC.BK 10B20 PO 1339
Cc: Pam Akin, City Attorney
John Asmar, Planning and Development Services Administrator
Robert Keller, Assistant City Manager
.,
EXHIBIT "D"
Project Site
,
PINELLAS COUNTY FLA,
OFF ,REC.BK 10820 PG 1340
_0. __________ ------
SITE LocATION MAp J
.,
-,
OUNi'1' r\..A.
p tNE\..\..AS ~Oe20 pc; 1~~__~____
Orr . ~~_~-:~~--------------------
Sidewalk and Street Improvemems----------
EXHIBIT "E"
The street and sidewalk improvements for Mandalay Avenue, Papaya Street, and San Marco
Street shal1 include, but not be limited to the fonowing:
. Surface Repaving.
. Pedestrian cross-walks and sidewalks with specialty concrete or pavers. Specialty
concrete could be a coquina/shen surface treatment; pavers could be colored
concrete or brick.
. The western end of Papaya Street and San Marco Street be converted into a cul-
de-sac with a specialty pavement treatment at the cul-de-sac.
"\e: ·
\ .
:Ii
. ~
e
Clearwater City
Commission
Agenda Cover
Memorandum
..Bill!%' 1-
Final Agenda Item #
Meeting Date: April 3, 2003
SUBJECT IRECOMMENDATION:
Approve the attached terms in the Letter of Intent and direct the Administration and Legal
Department to develop a final contract for the construction of a 300-space public parking garage
and that the appropriate officials be authorized to execute same.
SUMMARY:
Last year the City Commission directed City Administration to negotiate with the Pelican Walk
property owner to develop a joint public/private approach for construction of a parking garage on the
Pelican Walk site. Since that time the City and itls consultants have conducted a demand analysis
and numerous alternatives for garage facilities ranging from 200 to 450 spaces. City Administration
has briefed the Commission and sought policy direction on a number of occasions as staff has
continued to negotiate with the Pelican Walk property owner. As a result of this effort, City
Administration and the Pelican Walk property owner have reached agreement on the terms of
construction of a 300-space parking garage. The terms of this agreement are reflected in the
attached "Term Sheet" that has been signed by the Pelican Walk property owner. These terms are
as follows:
1. The Pelican Walk property owner will construct, own and operate a 300-space parking garage.
2. The garage will open to the public on a first come, first serve basis for a minimum of 30 years.
3. The rates in the garage may be no higher than other Florida resort locations and in no case
more than 150% of the city's rate or $3.75 per hour, whichever is greater.
4. The minimum hours of operation will be from 10 a.m. to 9 p.m.
5. The garage will be designed for a minimum life of 30 years.
6. The garage will be designed to accommodate an additional two levels for future parking.
7. The garage will be designed in accordance with Beach By Design guidelines.
8. The garage design will be required to achieve a quality appearance.
9. The city will employ an ,'owner's representative II to review the design and construction of the
garage.
Reviewed by'
Legal ~.'nfo Tech NA
Budget .'~y Public Works
Purchasing . NA DCM/ACM
Risk Mgmt r;- Other ~ ~
Originating Dept:
Economic Development
User Depl
Economic Developme
Attachments
Letter of Intent
Map
costs
$1,400,000
.Total
Caprtollmprovement
Current Fiscal Year
Operating
Other
x
Parking System Fund
Appropriation Code:
o None
Rev.
.
10. The city shall have the It to review and approve the plans td specifications for the gar~ge.
11. The Pelican Walk owner will commence construction within 12 months of approval of the
detailed contract.
12. The garage will be maintained in a first class condition.
13. The city will provide an economic incentive of $1,400,000 to the Pelican Walk owner to
construct the garage. .
14. The city agrees to enforce parking violations in the vicinity of the garage.
15. The city will disburse the city funds in the following order: 100% of the cost of the design upon
demonstration of the completion of the design; disbursement of the remaining funds in
conjunction with each one third completion of the construction of the garage.
16. The city agrees not to participate in or construct additional public parking spaces within 1000
feet of the parking garage for a period of five years or until the parking garage meets the
definition of "stabilized revenue". This is defined in the letter of intent. Exception to these
restrictions relates to the city's participation in the development of a resort in accordance with
the provisions of Beach By Design.
17. Should the city desire to build additional parking within one thousand feet of the garage in the
first five years, the Pelican Walk owner will have sixty days to exercise the right to construct up
to 200 spaces at Pelican Walk. If the owner declines the city has the right to construct the
spaces it desires within 1000 feet of the garage.
As the Commission is aware the city has struggled for more than five years to define locations and
reasonable funding alternatives for additional public parking on both north and south Clearwater
Beach. Beach By Design identified the future need for two locations on north beach and two
locations of south beach. The Pelican Walk garage would be the first of these to be constructed.
Pros
a. Three hundred new public parking spaces will be provided on north beach
b. These spaces will assist in the redevelopment of the Mandalay Street commercial corridor.
c. These spaces will provide additional parking for beach goers.
d. The city will not have to fully fund, own, operate and assume the liability of the facility.
e. An opportunity exists to add 200 spaces to the garage at no expense to the city.
f. The private sector will assume the revenue risk associated with the garage.
g. The garage improvements and land will remain on the tax roll.
Cons
a. The city will not own or control the garage.
b. Should the garage "cash flow" the city would not benefit from these revenues.
2
c. ~ There will be a short dura, during which the city will be r~ted from building additional
public parking within 1 000 ~t of the garage, unless associatec'Jlrith a major resort project.
d. The location is not the most efficient location for beach goers.
e. The city will commit a "one time" financial commitment of $1.4 million dollars to assist in the
design and construction of the garage.
A number of city departments have participated in the effort to evaluate and develop new parking
faciYties on the beach. These include Economic Development, Public Works, Finance and Legal.
Each of these departments have reviewed the Letter of Intent and supports this approach. Finance
has reviewed the economic impact of the financial commitment and indicates that there will be
adequate retained earnings in the Parking System Fund. Attached you will find a map that illustrates
the location of the 1000 foot radius that was explained earlier.
3
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.
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
CI1Y HAu, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4040 FAX (727) 562-4052
CITY MANAGER
March 19,2003
Mr. Louis Anastasopoulos
B. J. E., Inc.
Clearwater, Florida
Re: Pelican Walk Garage
Dear Mr. Anastasopoulos:
This. Letter of Intent sets forth the intentions of the City of Clearwater ("City")
and B. 1. E., Inc. ("Pelican Walk"), the owner of certain real property on Clearwater
Beach popularly known as the Pelican Walk Shopping Center with regard to the proposed
design, construction and operation of a parking garage on that portion of the Pelican
Walk Property which is currently improved and used as a surface parking lot.
The City desires to: 1) promote the revitalization and redevelopment of the North
Mandalay area of Clearwater Beach and recognizes that additional off-street parking
open to the public is needed to support such revitalization and redevelopment, and 2)
provide additional beach parking.
Pelican Walk desires to improve and enhance the economic performance of the
Pelican Walk Shopping Center and recognizes that additional off-street parking open to
the public on the Pelican Walk Property will contribute to the economic viability of the
Pelican Walk Shopping Center and other businesses in the immediate vicinity.
The City and Pelican Walk agree that it would be in the best interests of the
Parties to enter into a joint public private agreement for the provision of additional off-
street parking open to the public on an equal, first come, first serve basis. To that end, the
City and Pelican Walk have jointly considered alternative means by which additional
parking spaces open to the public could be designed, constructed and operated on the
Pelican Walk Property. The City and Pelican Walk have agreed that the most effective
means of providing for additional off-street parking spaces open to the public is for the
City in the public interest and for a public purpose.is to make a financial grant in support
of providing additional off-street parking spaces open to the public as an incentive for the
revitalization and redevelopment of the North. Mandalay area of Clearwater Beach and to
provide additional beach parking. Such grant is contemplated on the following general
BRIAN J. AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, VICE MAYOR-COMMISSIONER Horr HAMILTON, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BILLJONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
)~
.
.
terms and conditions which would be the basis of the preparation of a formal agreement
between the City and Pelican Walle
1. Pelican Walk shall design, construct and operate (or cause to be designed,
constructed and operated) on the portion of the Pelican Walk Property
currently improved as a surface parking lot a parking garage containing not
less than three hundred (300) parking spaces.
2. Pelican Walk agrees that the parking spaces in the propo~ed parking garage
will be open to the public on an equal, first come, first senie, for pay parking
basis for as long as the property is used for retail shopping and parking
purposes, or a period of thirty (30) years, whichever is longer.
3. Pelican Walk agrees that the parking rates charged the public for use of the
parking spaces in the proposed parking garage shall be consistent with parking
rates charged for structured parking in other resort locations in Florida and in
no case greater than one hundred and fifty percent (150%) of the average
parking rate charged by the City for off-street parking on Clearwater Beach or
$3.75 whichever is greater.
4. Pelican Walk agrees that the proposed parking garage shall be open to the
public between the hours of 10:00AM and 9:00PM, three hundred and sixty
five (365) days of the year.
5. Pelican Walk agrees that the proposed parking garage will be designed and
constructed to have a useful of life of not less than thirty (30) years.
6. Pelican Walk agrees that the proposed parking garage will be designed and
constructed in a manner which would allow, in the future, the addition of at
least two (2) additional levels of parking.
7. Pelican Walk agrees that the proposed parking garage will be designed in
accordance with the requirements of Beach by Design and each and every
code and regulation of the City.
8. Pelican Walk agrees that the proposed parking garage will be designed and
constructed in a manner which will ensure that the garage does not adversely
affect the appearance and community character of Clearwater Beach.
9. Pelican Walk understands that the City will employ an "owner's
representative" for the purpose of representing the City's interest in the design
and construction of the proposed parking garage and Pelican Walk agrees to
allow the City's Owner Representative to have access to and participate in the
design and construction processes.
2
.
.
"(
10. Pelican Walk agrees that the City shall have the right to review and approve
the plans and specifications for the proposed parking garage with regard to
compliance with the terms and conditions of the joint public/private
agreement between the Parties relative to the design, construction and
operation of the proposed parking garage.
11. Pelican Walk agrees to commence construction of the proposed parking
garage within twelve (12) months of the effective date of the formal joint
public private agreement between the parties.
12. Pelican Walk agrees that the proposed parking garage will be maintained,
operated and used in a manner consistent with other first class or high quality
parking garages in the Tampa Bay region.
13. In consideration of the public purpose served by provision of at least three
hundred (300) off-street parking spaces open to the public on an equal, first
come, first serve basis in the North Mandalay area of Clearwater Beach, the
City agrees to provide Pelican Walk with an economic incentive to induce
Pelican Walk to provide off-street parking open to the public on an equal, first
come, first serve basis in the form of a financial grant in the amount of one
million and four hundred thousand dollars ($1,400,000.00).
14. The City understands that strict enforcement of municipal regulations
governing on and off-street parking regulations in the immediate vicinity of
the proposed parking garage is an important consideration on which Pelican
Walk relies in its undertaking to design, construct and operate the proposed
parking garage.
15. The City agrees to pay the grant to Pelican Walk subject to the provision of
appropriate security to assure completion of the proposed parking garage
according to the following:
a. When the City approves the plans and specifications for the proposed
parking garage, the City shall reimburse Pelican Walk for up to one
hundred percent (100%) of the cost of preparing plans and
specifications.
b. The City shall pay the balance of the grant on a progress payment
basis, with one third of the balance of the total grant after
reimbursement of the design costs being paid upon a demonstration
that the construction of the proposed parking garage is one third (33%)
complete, two thirds (66%) complete and substantially (100%)
complete.
16. The City understands that the financial viability of the proposed garage could
be adversely affected by the construction of additional off-street parking open
3
"
~. I
,. ,
.
.
to the public in the immediate vicinity of the proposed garage if such spaces
were made available prior to the time that the proposed parking garage
achieves an annual occupancy of at least sixty-five percent (65%), determined
on the basis of the average number of hours the parking spaces in the garage
are occupied, divided by the number of spaces multiplied times the number of
hours per day (4) during which the proposed parking garage is required to be
open times three hundred and sixty five (365) days.
(X)(Y)(365) = (.65)( HTot),
where
x =
y =
HTot =
A vg. no. of hours of occupancy per day per space
No. of spaces in garage
(Y)(365)(4)
In consideration thereof, during the first five (5) years after the proposed
parking garage is completed, the City agrees that in the event that the City
determines that additional public parking is needed within one thousand
(1,000) feet of the proposed garage, Pelican Walk shall have a first right of
refusal to provide two hundred (200) additional parking spaces at Pelican
Walk's expense and to achieve an annual occupancy of sixty-five percent
(65%) for the total number of parking spaces in the garage including the
additional spaces prior to the construction of any additional parking spaces
within one thousand (1,000) feet of the proposed parking garage with
municipal funds, except as otherwise expressly provided for in these terms
and conditions. The City agrees to give Pelican Walk written notice of its
determination that additional public parking spaces are needed and that
Pelican Walk shall have sixty (60) days to advise the City of its intention to
construct an additional two hundred spaces in the proposed parking garage. If
Pelican Walk fails to timely advise the City of its intention to construction
additional spaces, the City shall be free to use municipal funds to construct
additional spaces in the area within the one thousand (1,000) feet of the
proposed parking garage.
Notwithstanding any other provision' of this paragraph, the City retains the
right to construct additional public parking spaces within one thousand
(1,000) feet of the proposed parking garage where the additional the parking
spaces are a necessary element of a destination resort development undertaken
in accordance with the provisions of Beach by Design.
4
.
.
~ .-~
:r
The Parties understand and agree that this Letter of Intent.. reflects agreement of the
Parties, but that none of the rights and obligations described in the Letter of Intent shall
be binding or enforceable until such rights and obligations have been incorporated into a
fonnal agreement which is approved by resolution of the City in accordance the
requirements of the City's Charter and Code of Ordinances and State Law.
Very truly yours,
kSifj~0f2-
ACCEPTED:
5
.
.
6l/JrL~
Fierce, Lisa
.
From:
Sent:
To:
Cc:
Subject:
Nicodemus, Sherrie
Wednesday, April 09, 2003 1 :50 PM
'maureen@fhlaw.net'
Fierce, Lisa
Mandalay Beach Club Development Agreement
0/11-
nit?-
I!lI
Doc8218.tif
Maureen, I am forwarding the attached file re the Mandalay Beach Club, Ltd.
to you. The entire 48 pages are part of the City's imaging system and print out very
clearly on standard paper. If you encounter any problems, please give me a call.
Sherrie Nicodemus
Planning Department
727-562-4582
Doc8218.tif
1
...
.
.
t-\... '\ )>?
~
. ~
Fierce, Lisa
From:
Sent:
To:
Cc:
Subject:
Brumback, Garry
Wednesday, April 09, 2003 10:58 AM
Fierce, Lisa; Tarapani, Cyndi
Horne, Bill; Akin, Pam
RE: meeting notes - bluewater
'Juno ~h
q~ 07~3
I wholeheartedly agree. If they are late or incomplete, CM or I will be only on that will
be authorized to make any concessions.
Thanks for the feedback.
q-33-0q2,/ Cell
Garry Brumback
Assistant City Manager
(727)562-4053
-----Original Message-----
From: Fierce, Lisa
Sent: Wednesday, April 09, 2003 9:50 AM
To: Brumback, Garry; Tarapani, Cyndi
Subject: RE: meeting notes - bluewater
if we extend our deadline for them, we put ourselves in the position of having less time
to review; this is a very complicated set of applications and we to use all the time the
code will allow us to analyze.
Lisa L. Fierce
Assistant Planning Director
City of Clearwater - Planning Department
lfierce@clearwater-fl.com
727.562.4561 phone
727.562.4865 fax
Buckeye and Buccaneer Fan
GO BUC(K)Sl
-----Original Message-----
From: Brumback, Garry
Sent: Wednesday, April 09, 2003 8:57 AM
To: Wilson, Denise A.; Phillips, Sue; Akin, Pam
Cc: Tarapani, Cyndi; Fierce, Lisa
Subject: FW: meeting notes - bluewater
Bill and Pam,
There are a lot of pages to this document but, as Pam said yesterday, most are the
property issues and a lack of organization. All can be fixed if the parties all agree.
Interesting point is the last couple of paragraphs.. . one states that we will discuss this
with whoever asks and the last one says that they intend to.. . once again. ..wait until the
last day to submit the corrections. This places them in the same position as last time,
in that if they make mistakes or omissions they will miss the deadline.
I intend to ask Cyndi and Lisa to encourage them to submit a day or two early so we can
get this right this time.
Cyndi and Lisa, please call Jerry and express my concerns about waiting until the last
minute. I can't see any justification for an extension after the 16th.. .can you?
Garry Brumback
Assistant City Manager
1
!
.
.
-1 ( 72 7 ) 562 - 4 0 5 3
-----Original Message-----
From: Fierce, Lisa
Sent: Wednesday, April 09, 2003 8:46 AM
To: 'fig@fhlaw.net'; 'BucfanOO@tampabay.rr.com'; Wells, Wayne; Gerlock,
Frank; Colbert, Joseph; Kessinger, David; Rice, Scott; Bahnick, Glen;
Owens, Reginald W.; Clayton, Gina
Cc: Tarapani, Cyndi; Akin, Pam; Brumback, Garry; Stone, Ralph; Quillen,
Michael
Subject: meeting notes - bluewater
2
~" .-
II NortJ~pinellas: Developers ofr. to revise proposal
.
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;;1tD-'Aurant;l
I- .~ ShQpp""
I.~fim~_
I.]'ravel ~
h:,
From the Times
North Pinellas
desks
. Airport tightens
security after
breach
. Help from
humans can harm
tu rtles
. Food pant~
building plans
crumble
. Developers of
resort to revise
proposal
. Council
http://www.sptimes.com/2003/04/17 /NorthPinellas/Developers _ oCresort _.shtml
Developers of resort to revise
proposal
Having to work around a condo motel
means a whole new set of plans for the
Clearwater site.
By JENNIFER FARRELL, Times Staff Writer
@ St. Petersburg Times
published April 17, 2003
CLEARWATER -- Developers of the proposed
Bluewater Isle Resort missed a deadline Wednesday to
submit revised plans to the city this month for their
$350-million luxury condominium and shopping
complex planned along the Intracoastal Waterway.
Failing to collect signatures from all 18 homeowners at
the Coral Resort Condo Motel, the Bluewater team has
opted to carve out the property at 483 East Shore
Drive, according to attorney Jerry Figurski.
That means coming up with a new set of plans and
architectural designs for the sprawling lO-acre project,
which straddles East Shore Drive from the causeway
north to Baymont Street.
"From a development perspective, you would want to
include it," Figurski said Wednesday. "If we can't, we
can't. "
Figurski said developers have a signed sales contract
on Coral Resort but won't include it in the project if all
18 homeowners don't agree. Instead of waiting to
reach those agreements, the developers intend to
submit new plans within two weeks, in time to make
the Development Review Committee's June agenda.
4/1712003
!f"."."..-.. ......-
'I Nort~pinellas: Developers ofr. to revise proposal
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All Departments
.
"With each month's delay," Figurski said, "there are
economic costs to the developers."
This is the second recent setback for Bluewater Isle.
Last month, the city put the project on hold
temporarily, ruling that key information had been left
out of the development application. Missing was a
complete list of affidavits proving the developers own
or have contracts on each property involved. Some
affidavits lacked signatures and some weren't properly
notarized.
Also missing were documents about signs, property
identification and the proposed transfer of
development rights. The application also left out
specifics on how a planned parking garage at the
nearby Pelican Walk shopping center would affect
designs.
Figurski said Wednesday that developers now have all
the necessary information.
But revamping designs for a mega-project is no small
feat, said city Planning Director Cyndi Tarapani.
Given the scope of the complex, which features four
high-rise condo towers, a 250-slip marina, high-end
retail shops and a meandering public boardwalk,
Tarapani said more changes are likely. Whether the
project can work without Coral Resort, which sits on
the northeast comer of the parcel, remains to be seen,
according to Tarapani.
"It makes the whole site a lot trickier," she said. "Until
I see it, I really just can't comment on how it will or
won't work. We'll just have to wait and see what they
submit."
Plans could change if the missing signatures come
through later, Figurski said.
"If they come into place, they come into place," he
said. "If they don't, they don't. We can't wait any
longer. "
Bill Early, manager of Coral Resort, declined to
comment Wednesday.- Jennifer Farrell can be reached
at (727) 445-4160 or farrell@sptimes.com
">farrell@sptimes.com .
Page 2 of3
decisions met with
applause
. Boat ramp in the
works for Stansell
Park
. 50 years of
parties
. Competition
heats up for area
players
. Pinellas digest:
Parks board likes
smoking ban
. Editorial:
Neighborhood
change good sign
for Dunedin
. Letters: Soldier
appreciates the
support
http://www.sptimes.com/2003/04/17/NorthPinellaslDevelopers _ oCresort_.shtml
4/1712003
.
.
> p'7lr~
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..-re:i..~ ,) 1/ . ~ ~
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~.j>-#~l~l\',j1.'
C I T Y 0 F C L EA R W ATE R
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLFARWATER, FWRIDA 33758-4748
MUNICIPAL SERVICES BUIlDING, 100 SOUTII MYRUE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
loNG RANGE PlANNING
DEVELOPMENT REviEW
April 11, 2003
Gerald A. Figurski
2435 U.S. Hwy. 19
Suite 350
Holiday, FL 34691
Re:
Letter of No Objection regarding the Vacation of East Shore Drive right-of-way between
. Pier 60 Drive and Papaya Street and between Papaya Street and Baymont Street.
A Flexible Development (FLD2003-03014), a Transfer of Development Rights (TDR2003-3002) and a
Development Agreement (DV A2003-00001) request have been filed with this Department for the
development of the Bluewater Isle project. An integral part of this project includes the vacation of the
East Shore Drive right-of-way, between Pier 60 Drive and Papaya Street and between Papaya Street and
Baymont Street. The above-mentioned requests have been found incomplete and are not presently
scheduled for review by the Development Review Committee (ORe) nor the Community Development
Board (CDB).
The Planning Department has no objection to the vacation of the right-of-way as indicated on the attached
sketch, provided the proposed requests are approved by the CDB and, in the case of the DV A2003-0000 1
request, by the City Commission. The vacation approval will require a "reverser" clause, that in the event
the development does not proceed, the vacation of the said street will revert back to its original
designation.
Should you have any questions, feel free to contact Wayne M. Wells, AICP, Senior Planner, at 727-562-
4504.
U~b-
Development Review Manager
Attachment
Cc: Steve Doherty, Engineering Department
S:\Planning Department\zoning Itrs\Bluewater Isle (East Shore Dr) (vac).doc
BRIAN j. AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BII.LjONSON, COMMISSIONER
"EQUAl. EMPLOYMENT AND MFIRMATNE ACTION EMPLOYER"
,SENT eV: FIGURSKI&HARR1LL"
.' ,
.
727 9443711;
MAR-~17:1Q;
PAGE 1
FIGURSKI & HARRILL
2435 U.S. Highway 19, Suite 350
Holiday, Florida 34690
(727) 942-0733
Fax: (727) 944-3711
___ _ L......R__.._
FAX TRANSMISSION COVER SHEET
Date: F n.. i~ 'C'ooJ \< Cl E"'R.- L..o Co K
To: F\vdt::v\ 'C..,-\Jrrv'\Cv- j'Tuv\(\ Sc..J\O d+\-e-,y
Fax No: S c....:1 ,- L\ "'S 7l,
RE:
From:
t.auralee G. Westine, Esquire
TOTAL NUMBER OF PAGES INCLUDING THIS COVER SHEET:
c c. iL"s """d- ~ ro ~r..nk- I) oH",n~~(
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f (.... C ---14 )" " ....
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2003 ! L__~)
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***Thls facsimile message may contain privileged' and confidential
Information intenoed for the recipient only. ***
If you do not receive all the pages, please call our office as soon as possible.
,SENT B~:, FIGURSKI&HARRILLj
PAGE 2
727 9443711 j
MAR-~17:11 ;
.
FIGURSKI & HARRILL
ATTORNEYS AT LAW
THE HOUDAY TOWER
243'> U.S,l-UOHWAY 19 SUITE ]')0
110UDAY. FLORIDA 34691
www.fhluw.net
GER 6"L[) A. FIGURSKI, P.A.
J. BE ~ HARRILL, PA.
SIll: .LY MAY JOHNSON
LAl RALEE G. WFBTINE
TELF.PHONE: (727) 94Z-07H
FAX= (7m 944-3711
EM AIL: Imv@fhlaw,l1t,r
VIA: FACSIMILE ON!,:X
March 17, 2003
~Q..A"-J l< c:::r~~ocl<;'
AideR .D:++~..r
-John Sc:htltRlc,.
City of Clearwater
Planning and Development Services
PO Box 4748
Clearwater, FL 33758-4748
RE: 44No ObiectioD" Letter for the Vaal'" olEa. Sbofe Drive
Dear Sirs:
My client is seeking to have East Shore Drive on Clearwater Beach vacated. I have also
faxed Il copy of a sketch of the proposed vacation from the engineer on the project.
I apologize for tht' urgerlcy of this request; however, we were just notified by the city thi:)
afternoon that the vacation application and the letters of "no objection" were due by
Tuesday, March 18. 1 greatly appreciate any assistance you can provide me in this
matter.
Very Sincerely;
FIGURSKI & HA RRILL
"'\
d~~l~~
Lauralee G. Weshne, &oq.
Enclosure
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.IGURSKI & HARRIL~
ATTORNEYS AT LAW
THE HOLIDAY TOWER
2435 U.S. HIGHWAY 19 SUITE 350
HOLIDAY, FLORIDA 34691
www.fhlaw.net
TELEPHONE: (727) 942-0733
FAX: (727) 944-3711
EMAIL: law@fhlaw.net
vi
~
GERALD A. FIGURSKI, P.A.
J. BEN HARRILL, P.A.
SHELLY MAY JOHNSON
LAURALEE G. WESTINE
March 18, 2003
RECEIVED
City of Clearwater
Engineering Services
100 South Myrtle Avenue, Room 220
PO BOX 4748
Clearwater, Florida 33758-4748
MAR 1 9 2003
PLANNING DEPARTMENT
CITYOF CLEARWATER
RE: North Mandalay Investment Group, Inc. Vacation Request
East Shore Drive
To Whom It May Concern:
Enclosed please find North Mandalay Investment Group, Inc.'s (North Mandalay) request to
vacate East Shore Drive from the Memorial Causeway to Baymont Street in Clearwater Beach.
North Mandalay requests this vacation of East Shore Drive in conjunction with its development
application of the Bluewater Isle project.
I have enclosed the following documents:
. Vacation Request Filing Form
. Land Survey of Property
. Plot Plan Showing Proposed Use of Vacated Property
. Filing Fee of Five Hundred and 00/100 Dollars ($500.00)
. ''No Objection Letters" from Progress Energy; Verizon Florida, Inc.; Verizon Media
Ventures, Inc.; Time Warner Cable
The "No Objection" letter from City of Clearwater Planning and Development Services, I am told
by Arden Dittmer, is in the process of being completed by Steve Doherty, Engineer I.
If! may provide you with any additional information, please do not hesitate to contact me.
Sincerely,
FIGURSKI & HARRILL
d.
Lauralee G. We stine, Esq.
Enclosures
FILE
~
.
.
. CITY OF CLEARWATER - ENGINEERING SERVICES
100 SOUTH MYRTLE AVENUE - ROOM 220 FORM NUMBER
P.O. BOX 4748, CLEARWATER, FL 33758-4748 13U-Ol04
PH. (727) 562-4750, FAX (727) 562-4755
VACATION REQUEST
FILING FORM
1. NAME OF APPLICANT OR DESIGNATED REPRESENTATIVE:
North Mandalay Investment,Group, Inc.
Name: c/o. Gerald A. Fi~urski Phone: 727/942-0733
Address: 2435 u.s. Hwy. 19, Suite 350, Holiday, FL 34691
HEREBY PETITIONS THE CITY COMMISSION OF THE CITY OF CLEARWATER FOR
THE VACATION OF THE FOLLOWING:
o EASEMENT TYPE:
[I] STREET RIGHT-OF-WAY
o OTHER
o ALLEY
2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED (NOTE: If it is a portion of an
easement, describe which portion, if it is an alley, describe from where to where or what lot( s) it
abuts, if it is a Right-of-Way, describe how much is proposed to be vacated.):
East Shore Drive from Memorial Caus~way North to Baymont Street
3. STREET ADDRESS OR SIMPLE LOCATION:
Please see above.
4. PROPOSED USE OF VACATED PROPERTY:
Multi-Use Development
5. ZONING OF ADJOINING PROPERTY:
North
"T"
South "T"
East "T"
West "T"
FILE: VACATION REQUEST FILING FORM.ENG
o Pdated on ",cycled p.per
Page 1
Revised 2/20/2003
'..
.
.
.,
~ 6., REQUIRED ATTACHMENTS:
A. Land Survey of Property
B. Plot Plan Showing Proposed Use of Vacated Property
c. Filing Fee Per Ordinance No. 5969-96: _
($500.00 for a Right-of-Way/alley or $400.00 for an"Easement)
" .
7. THE FOLLOWING FIVE LETTERS OF NO qB]ECTION ARE REQUIRED:
A. Florida Power
B. Verizon Florida, Inc.
C. Vemon Media Ventures, Inc.
D. Time Warner Cable
E. Clearwater Planning and Development Services (ZONING)
8. NAME, ADDRESS AND TELEPHONE NUMBER OF PROPERTY OWNER (pLEASE
PRINT) ;'Applicantll
Name:North Mandalay Investment Group, IncPhone:
9.
Address: 1822 Drew Street, Clearwater, FL 33765
OWNERS SIGNATURE /r.!~~~~ 4:2.
Robert J. Metz, Pr 1dent
NOTARY ACKNOWLEDGEMENT
STATE OF FLORIDA)
COUNTY OF PINELLAS)
The foregoing instrument was acknowledged before me this It71l JJIJ Jl or fYJ A R.c 1/
by (?O{!J/;,R.. T \ j: /f)/;'Ir . who is personally Im~ to me or
who has produced
as identification
and who did (did not) take an oath.
~~ r/ ~kd Notary Public, Commission No.
S/! f} /l./U)N L. S C I t3 t LTil (Name of Notary typed, printed or stamped)
G) SHARRON L SBBERTH
\,.' NotaJy Public, Slate of florida
. ~/ My Comm. ExpIres Oct. 2&, 2004
Comm. No. CC863875
FILE: VACATION REQUEST FILING FORM.ENG
o Pdated on recycled paper
Page 2
Revised 2/2D /2003
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http://citygis.clearwater- fl.com/servletlcom.esri.esrimap.Esrimap ?ServiceN ame=OVMap&Cl... 3/17/03
03/17/2003 08:58
72757.47
TIME WARNER ~
PAGE 01
'...
~ TIME WARNER
~ CABLE
Date: Mar. 14, 2003
Re: East Shore Dr. (Vacation)
Dear Lauralee:
Thank you for advising us of subject proposed projectl vacation! adjustment.
Time Warner has no objection.
- Time Warner has no objections provided easements for our facilities are granted or
retained as shown on the attached drawing.
xx Time Warner has no objections provided applicant bears the expense for relocation of
any Time Warner facilities to maintain service to customers affected by the proposed
vacation.
In order to properly evaluate this request, Time Warner will need detailed plans of
facilities proposed for subject areas.
Time Warner has facilities within this area, which may conflict with subject project
Please call one call locating. SEE NOTES
Time Warner requires 30 days written notice prior to construction start date to relocate
their facilities.
Please refer any further correspondence and pre-construction meeting notices to:
W. Scott Creasv at 803-5053
NOTES: Major fiber optic route with significant cost to relocate.
Sincerely,
W. Scott Creasy
Field Engineer ill
2530 Drew SIr"f, CUO'1lJaftr. ""'rid.. 33165 T,l. 721.197.J8J9 FOJ< 727.43J.860J
.. n,;"~.~_,, ,..1' Tj_. 11'........
,Mar.17,2003 5:22PM
~POWER ENG LINE
.
a Progress Energy
March 17, 2003
Ms. Lauralee Westine
Figurski & Hanill
2435 US Highway 19, Ste. 350
Holiday, FL 34691
VIA FAX: 727-944-3711
Re: Petition to Vacate Easement @ East Shore Drive
Dear Ms. Westine:
No.7380 p. 1/1
Progress Energy has uno objectionD to the requested right4-way vacate at the above
referenced address provided a utility easement is granted for the existing overhead
facilities.
If you have need of any further assistance. please contact me at 562-5640.
Sincerely,
~
Tim Heller
Distribution Engineering
CLEARWATER DISTRIBUTION ENGINEERING
2166 PelmeUD Street, ClearwatBr, FL 33765
Mar~17-03 Ol:32P
.
.
P.02
..
~_.
verizszp
Media Ventures Inc.
3001 Gandy Boulevard North
Mail Code FLSP2140
PineIJas Park, FL 33782
Date: March 17, 2003
Re: Petition to vacate East Shore Dr., Clearwater Beach
Dear: Lauralee G. Westine, Esq.
Thank you for advising us of the subject proposed plat I vacation of easemenUR.O.W.
Verizon Media Ventures, Inc. has no objection.
In order to properly evaluate this request, Verizon Media Ventures, Inc. will need detailed
plans of facilities proposed for the subject area.
_X*_ Verilon Media Ventures, Inc, has facilities within this area which may conflict with the
subject project. Verizon Media Ventures, Inc. has no objections provided easements
for our facilities are granted or retained as shown on the attached drawing or
applicant bears the expense for relocation of any Verilon Media Ventures, Inc.
facilities to maintain service to customers affected by the proposed vacation.
Please refer any further correspondence and pre-construction meeting notices to:
Verizon Media Ventures, Inc.
Mr. Tim Kimbler
Operations Manager
FLSP2140
3001 Gandy Blvd. N.
Pinellas Park, FL 33782
*Notes: Verilon Media Ventures, Inc. maintains aerial CATV Fiber Optic & Coaxial cables
attached to the Progress Energy joint use poles and buried CATV Fiber Optic &
Coaxial cables in the R.O.W..
Si~.
Jay Young
Engineering & Construction Liaison
Verizon Media Ventures, Inc.
727-217-2631 Office
727-217-2649 Fax
VMV FORM 'B' 9/06/02
i.
3-18-2003 1 :02PM
FRO~ASTAL ENGINEERING 5629615 ~
I-".~
March 18, 2003
~..
W~ fZRII
'}280.Cleveland St., FLCW5033
Clearwater, FL 33755
727-562-1101
727-562-1194
Fax: 727-562-9615
Network Engineering
And Plannjng
Ms. Lauralee G. Westine, Esq.
Figurski & Harrill
The Holiday Tower, Suite 350
2435 U.S. Highway 19
Holiday, FL 34691
RE: Vacation of East Shore Drive, Clearwater Beach, Cl~ter. Florida
Verizon Central Office 5211
Dear Ms. Westine:
We are in receipt of your request for information. Verizon has no objections to the vacation of the
subject right-of-way, providing proposed vacation will become a utility easement.
If your plans for development prevent this right-of-way from becoming a utility easement, Verizon
objects to the proposed plan due to conflict with company facilities. The application must be ammged
through this office for the relocation ofVerlzon tacilities and bear all costs associated therewith.
Upon completion oftbis requirement, Verizon will issue a "Letter ofNo Objection" to the applicant.
Thank you for your cooperation with this office. Should you have any questions. please call Mike
Clark at 727-562-1132 in the Clearwater OSP Engineering Office.
Sincerely,
1j!v/JPf
Mike Hall
Section Manager - OSP Engineering
MHlMC:srt
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'.
.
.
I
I
NORt.. MANQAUWINVESTMENT GROUP. INC.
P. o. ElOX 64~~ .
ClEARWATER,Fl 33758-6436
1234
3. /8=03
63c21S/631
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erof ...... . '..... .......-. '.. ~ I1nll!trs
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F~alu'llI
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Bacli.
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Cl HARLAND 2002
CITY OF CLEARWATER, FLORIDA
MISCELLANEOUS RECEIPT
N2 433230
Date
.3 - 19
,20'03
Received from
fI--c,;~,.--;, ~~-~ Lr-1-u~~ 11.....-. L"':>( D .n Lr-..c.
-a ~ ,O'
UOL..-c.-.-~ ~L.c-.- -{... _ ~---=t- ~ ~
'--L-L..,-~ ~ ~J.~ oR -"~ ~ ~ (S>01}1:.~ Dollars
Code ~I~ ~F'lE:-:A;;
In payment of
Amount received
Fund
$ 5 cc:>. 00
'e~-,~~ ....Lp
Department 6
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Received By
.
.
From: Fierce, Lisa
Sent: wednesday, April 09, 2003 9:51 AM
TO: wells, wayne; Gerlock, Frank
subject: FW: meeting notes - bluewater
fyi
Lisa L. Fierce
Assistant planning Director
City of clearwater - planning Department
lfierce@clearwater-fl.com
727.562.4561 phone
727.562.4865 fax
Buckeye and Buccaneer Fan
GO BUC(K)S!
Email re meeting notes 4.9.03
-----original Message-----
From: Brumback, Garry
Sent: wednesday, April 09, 2003 8:57 AM
To: wilson, Denise A.; phillips, sue; Akin, pam
Cc: Tarapani, cyndi; Fierce, Lisa
subject: FW: meeting notes - bluewater
Bill and Pam,
There are a lot of pages to this document but, as pam said yesterday, most are the
property issues and a lack of organization. All can be fixed if the parties all
a9ree. Interesting point is the last couple of paragraphs...one states that we will
dlSCUSS this with whoever asks and the last one says that they intend to...once
again...wait until the last day to submit the corrections. This places them in the
same position as last time, in that if they make mistakes or omissions they will
miss the deadline.
I intend to ask cyndi and Lisa to encourage them to submit a day or two early so we
can get this right this time.
cyndi and Lisa, please call Jerry and express my concerns about waiting until the
last minute. I can't see any justification for an extension after the 16th...can
you?
Garry Brumback
Assistant city Manager
(727)562-4053
-----original M~ssage-----
From: Fierce, Llsa
Sent: wednesday, April 09, 2003 8:46 AM
TO: 'fig@fhlaw.net'; 'BucfanOO@tampabay.rr.com'; wells, wayne; Gerlock,
Frank; colbert, Joseph; Kessinger, David; Rice, scott; Bahnick, Glen;
owens, Reginald w.; clayton, Glna
cc: Tarapani, cyndi; Akin, Pam; Brumback, Garry; stone, Ralph; Quillen,
Michael
subject: meeting notes - bluewater
page 1
11
.
. kf)/IP~1-
Clearwater City
Commission
Agenda Cover
Memorandum
Final Agenda Item #
Meeting Date: April 3, 2003
SUBJECT/RECOMMENDATION:
Approve the attached terms in the Letter of Intent and direct the Administration and Legal
Department to develop a final contract for the construction of a 300-space public parking garage
and that the appropriate officials be authorized to execute same.
SUMMARY:
Last year the City Commission directed City Administration to negotiate with the Pelican Walk
property owner to develop a joint public/private approach for construction of a parking garage on the
Pelican Walk site. Since that time the City and it's consultants have conducted a demand analysis
and numerous alternatives for garage facilities ranging from 200 to 450 spaces. City Administration
has briefed the Commission and sought policy direction on a number of occasions as staff has
continued to negotiate with the Pelican Walk property owner. As a result of this effort, City
Administration and the Pelican Walk property owner have reached agreement on the terms of
con$truction of a 300-space parking garage. The terms of this agreement are reflected in the
attaphed "Term Sheet" that has been signed by the Pelican Walk property owner. These terms are
as follows:
1. The Pelican Walk property owner will construct, own and operate a 300-space parking garage.
2. The garage will open to the public on a first come, first serve basis for a minimum of 30 years.
3. The rates in the garage may be no higher than other Florida resort locations and in no case
more than 150% of the city's rate or $3.75 per hour, whichever is greater.
4. The minimum hours of operation will be from 10 a.m. to 9 p.m.
5. The garage will be designed for a minimum life of 30 years.
6. The garage will be designed to accommodate an additional two levels for future parking.
7. The garage will be designed in accordance with Beach By Design guidelines.
8. The garage design will be required to achieve a quality appearance.
9. The city will employ an "owner's representative" to review the design and construction of the
garage.
Originating Dept: ,
Economic Development ZL!..
User Depl ,
Economic Developmenf:
Attachments
Letter of Intent
Map
Costs
$1.400,000
.Total
ReViewed by'
Legal ~.Info Tech NA
Budget "YA'Y Public Works ~.
Purchasing . NA DCM/ACM ~ I
Risk Mgmt NA Other~ ~
Capitol Improvement
Current Fiscal Year
Operating
Other
x
Parking System Fund
S~bmitted by: "B..lJ,( ~
CI Manager
~ Printed on recycled paper
2/9~
Appropriation Code:
o None
Rev.
. . .
10. The city shall have the right to review and approve the plans and specifications for the garage.
"
11. The Pelican Walk owner will commence construction within 12 months of approval of the
detailed contract.
12. The garage will be maintained in a first class condition.
13. The city will provide an economic incentive of $1,400,000 to the Pelican Walk owner to
construct the garage. .
14. The city agrees to enforce parking violations in the vicinity of the garage.
15. The city will disburse the city funds in the following order: 100% of the cost of the design upon
demonstration of the completion of the design; disbursement of the remaining funds in
conjunction with each one third completion of the construction of the garage.
16. The city agrees not to participate in or construct additional public parking spaces within 1 000
feet of the parking garage for a period of five years or until the parking garage meets the
definition of. "stabilized revenue". This is defined in the letter of intent. Exception to these
restrictions relates to the city's participation in the development of a resort in accordance with
the provisions of Beach By Design.
17. Should the city desire to build additional parking within one thousand feet of the garage in the
first five years, the Pelican Walk owner will have sixty days to exercise the right to construct up
to 200 spaces at Pelican Walk. If the owner declines the city has the right to construct the
spaces it desires within 1000 feet of the garage.
As the Commission is aware the city has struggled for more than five years to define locations and
reasonable funding alternatives for additional public parking on both north and south Clearwater
Beach. Beach By Design identified the future need for two locations on north beach and two
locations of south beach. The Pelican Walk garage would be the first of these to be constructed.
Pros
a. Three hundred new public parking spaces will be provided on north beach
b. These spaces will assist in the redevelopment of the Mandalay Street commercial corridor.
c. These spaces will provide additional parking for beach goers.
d. The city will not have to fully fund, own, operate and assume the liability of the facility.
e. An opportunity exists to add 200 spaces to the garage at no expense to the city.
f. The private sector will assume the revenue risk associated with the garage.
g. The garage improvements and land will remain on the tax roll.
Cons
a. The. city will not own or control the garage.
b. Should the garage "cash flow" the city would not benefit from these revenues.
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c. There will be a short du.on during which the city will be .ricted from building additional
public parking within 1000 feet of the garage, unless associated with a major resort project.
d. The location is not the most efficient location for beach goers.
e. The city will commit a "one time" financial commitment of $1.4 million dollars to assist in the
design and construction of the garage.
A number of city departments have participated in the effort to evaluate and develop new parking
facilities on the beach. These include Economic Development, Public Works, Finance and Legal.
Each of these departments have reviewed the Letter of Intent and supports this approach. Finance
has reviewed the economic impact of the financial commitment and indicates that there will be
adequate retained earnings in the Parking System Fund. Attached you will find a map that illustrates
the location of the 1000 foot radius that was explained earlier.
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CITY OF CLEARWATER
"
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
CITY HALL, 112 SOUTH OSCEOlA AVENUE, CLEARWATER, FWRIDA 33756
TELEPHONE (727) 562-4040 FAX (727) 562-4052
CITY MANAGER
March 19,2003
Mr. Louis Anastasopoulos
B. J. E., Inc.
Clearwater, Florida
Re: Pelican Walk Garage
Dear Mr. Anastasopoulos:
This Letter of Intent sets forth the intentions of the City of Clearwater ("City")
and B. J. E., Inc. ("Pelican Walk"), the owner of certain real property on Clearwater
Beach popularly known as the Pelican Walk Shopping Center with regard to the proposed
design, construction and operation of a parking garage on that portion of the Pelican
Walk Property which is currently improved and used as a surface parking lot.
The City desires to: 1) promote the revitalization and redevelopment of the North
Mandalay area of Clearwater Beach and recognizes that additional off-street parking
open to the public is needed to support such revitalization and redevelopment, and 2)
provide additional beach parking.
Pelican Walk desires to improve and enhance the economic performance of the
Pelican Walk Shopping Center and recognizes that additional off-street parking open to
the public on the Pelican Walk Property will contribute to the economic viability of the
Pelican Walk Shopping Center and other businesses in the immediate vicinity.
The City and Pelican Walk agree that it would be in the best interests of the
Parties to enter into a joint public private agreement for the provision of additional off-
street parking open to the public on an equal, first come, first serve basis. To that end, the
City and Pelican Walk have jointly considered alternative means by which additional
parking spaces open to the public could be designed, constructed and operated on the
Pelican Walk Property. The City and Pelican Walk have agreed that the most effective
means of providing for additional off-street parking spaces open to the public is for the
City in the public interest and for a public purpose is to make a financial grant in support
of providing additional off-street parking spaces open to the public as an incentive for the
revitalization and redevelopment of the North Mandalay area of Clearwater Beach and to
provide additional beach parking. Such grant is contemplated on the following general
BRIAN J. AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BILL]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
.
terms and conditions which would be the basis of the preparation of a formal agreement
between the City and Pelican Walk:
1. Pelican Walk shall design, construct and operate (or cause to be designed,
constructed and operated) on the portion of the Pelican Walk Property
currently improved as a surface parking lot a parking garage containing not
less than three hundred (300) parking spaces.
2. Pelican Walk agrees that the parking spaces in the propo~ed parking garage
will be open to the public on an equal, first come, first serVe, for pay parking
basis for as long as the property is used for retail shopping and parking
purposes, or a period of thirty (30) years, whichever is longer.
3. Pelican Walk agrees that the parking rates charged the public for use of the
parking spaces in the proposed parking garage shall be consistent with parking
rates charged for structured parking in other resort locations in Florida and in
no case greater than one hundred and fifty percent (150%) of the average
parking rate charged by the City for off-street parking on Clearwater Beach or
$3.75 whichever is greater.
4. Pelican Walk agrees that the proposed parking garage shall be open to the
public between the hours of 10:00AM and 9:00PM, three hundred and sixty
five (365) days of the year.
5. Pelican Walk agrees that the proposed parking garage will be designed and
constructed to have a useful oflife of not less than thirty (30) years.
6. Pelican Walk agrees that the proposed parking garage will be designed and
constructed in a manner which would allow, in the future, the addition of at
least two (2) additional levels of parking.
7. Pelican Walk agrees that the proposed parking garage will be designed in
accordance with the requirements of Beach by Design and each and every
code and regulation of the City.
8. Pelican Walk agrees that the proposed parking garage will be designed and
constructed in a manner which will ensure that the garage does not adversely
affect the appearance and community character of Clearwater Beach.
9. Pelican Walk understands that the City will employ an "owner's
representative" for the purpose of representing the City's interest in the design
and construction of the proposed parking garage and Pelican Walk agrees to
allow the City's Owner Representative to have access to and participate in the
design and construction processes.
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10. Pelican Walk agrees that the City shall have the right to review and approve
the plans and specifications for the proposed parking garage with regard to
compliance with the terms and conditions of the joint public/private
agreement between the Parties relative to the design, construction and
operation of the proposed parking garage.
11. Pelican Walk agrees to commence construction of the proposed parking
garage within twelve (12) months of the effective date of the formal joint
public private agreement between the parties.
12. Pelican Walk agrees that the proposed parking garage will be maintained,
operated and used in a manner consistent with other first class or high quality
parking garages in the Tampa Bay region.
13. In consideration of the public purpose served by provision of at least three
hundred (300) off-street parking spaces open to the public on an equal, first
come, first serve basis in the North Mandalay area of Clearwater Beach, the
City agrees to provide Pelican Walk with an economic incentive to induce
Pelican Walk to provide off-street parking open to the public on an equal, first
come, first serve basis in the form of a financial grant in the amount of one
million and four hundred thousand dollars ($1,400,000.00).
14. The City understands that strict enforcement of municipal regulations
governing on and off-street parking regulations in the immediate vicinity of
the proposed parking garage is an important consideration on which Pelican
Walk relies in its undertaking to design, construct and operate the proposed
parking garage.
15. The City agrees to pay the grant to Pelican Walk subject to the provision of
appropriate security to assure completion of the proposed parking garage
according to the following:
a. When the City approves the plans and specifications for the proposed
parking garage, the City shall reimburse Pelican Walk for up to one
hundred percent (100%) of the cost of preparing plans and
specifications.
b. The City shall pay the balance of the grant on a progress payment
basis, with one third of the balance of the total grant after
reimbursement of the design costs being paid upon a demonstration
that the construction of the proposed parking garage is one third (33%)
complete, two thirds (66%) complete and substantially (100%)
complete.
16. The City understands that the financial viability of the proposed garage could
be adversely affected by the construction of additional off-street parking open
3
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to the public in the immediate vicinity of the proposed garage if such spaces
were made available prior to the time that the proposed parking garage
achieves an annual occupancy of at least sixty-five percent (65%), determined
on the basis of the average number of hours the parking spaces in the garage
are occupied, divided by the number of spaces multiplied times the number of
hours per day (4) during which the proposed parking garage is required to be
open times three hundred and sixty five (365) days.
(X)(Y)(365) = (.65)( HTot);
where
x =
Y =
HTot =
A vg. no. of hours of occupancy per day per space
No. of spaces in garage
(Y)(365)( 4)
In consideration thereof, during the first five (5) years after the proposed
parking garage is completed, the City agrees that in the event that the City
determines that additional public parking is needed within one thousand
(1,000) feet of the proposed garage, Pelican Walk shall have a first right of
refusal to provide two hundred (200) additional . parking spaces at Pelican
Walk's expense and to achieve an annual occupancy of sixty-five percent
(65%) forthe total number of parking spaces in the garage including the
additional spaces prior to the construction of any additional parking spaces
within one thousand (l,000) feet of the proposed parking garage with
municipal funds, except as otherwise expressly provided for in. these terms
and conditions. The City agrees to give Pelican Walk written notice of its
determination that additional public parking spaces are needed and that
Pelican Walk shall have sixty (60) days to advise the City of its intention to
construct an additional two hundred spaces in the proposed parking garage. If
Pelican Walk fails to timely advise the City of its intention to construction
additional spaces, the City shall be free to use municipal funds to construct
additional spaces in the area within the one thousand (1,000) feet of the
proposed parking garage.
Notwithstanding any other provision. of this paragraph, the City retains the
right to construct additional public parking spaces within one thousand
(1,000) feet of the proposed parking garage where the additional the parking
spaces are a necessary element of a destination resort development undertaken
in accordance with the provisions of Beach by Design.
4
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The Parties understand and agree that this Letter of Intent reflects agreement of the
Parties, but that none of the rights and obligations described in the Letter of Intent shall
be binding or enforceable until such rights and obligations have been incorporated into a
formal agreement which is approved by resolution of the City in accordance the
requirements of the City's Charter and Code of Ordinances and State Law.
Very truly yours,
1) ~
AsSistan~anager
ACCEPTED:
5
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Blue Water Isle Resort
Needed:
. 20' X 20' Sight Distance Triangles from the property line must be
shown at all accesS entrances/driveways per (City of Clearwater's
Land Development Code Book).
. Show the proper angle in degrees for the parking spaces along south
side of Baymont Street.
Applicant must include detailed parking ayout for the parking garage.
. Label existing sidewalk, driveway/points of access and parking spaces.
. Label all proposed points of access.
. Show City standard loading space
. If Applicant considers having a gate into the site, the site plan must
show the structure and how it will be operated.
. Provide Signs and Stripping detail
'"
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CAS
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
!'
a
a
SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including
1) collated, 2) stapled and 3) folded sets of site plans
a SUBMIT APPLICATION FEE $
* NOTE: 13 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS)
FLEXIBLE DEVELOPMENT APPLICATION
Comprehensive InfiU Redevelopment Project (Revised 11/05/02)
_ PLEASE TYPE OR PRINT- use additional sheets as necessary
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A)
""APPLICANT NAME:
v'MAILlNG ADDRESS:
~-MAIL ADDRESS: ~HONE NUMBER:
JFAX NUMBER:
yS.GENT NAME(S):
MAILING ADDRESS:
E-MAIL ADDRESS:
PHONE NUMBER:
CELL NUMBER:
FAX NUMBER:
B. PROPOSED DEVELOPMENT INFORMATION:
~p~ t>>C- ~ ~O~ 'fb~K-~
vCEGAL DESCRIPTION:
(~ n,ot ~t~r~, f.~ease note the location of this document in the submittal)
,~ C{.",~/r::>
(acres, square feet)
(number of dwelling units, hotel rooms or square footage of nonresidential use)
. ude all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.)
Page 1 of 7 _ Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PRE USL Y APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _ (if yes, attach a copy of the applicable
dOCfuments)
SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see
page 6)
D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 3-913.A)
(J Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail:
o The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in
which it is located.
The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly
impair the value thereof.
The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed
use.
V The proposed development is designed to minimize traffic congestion.
rI The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts,
on adjacent properties.
Provide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA (as applicable) - 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 use, intensity
and development standards.
Page 2 of 7 - Aexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
2. The development of the parcel proposed for development as a comprehensive infill redevelopment project or residential infill project will not
. PdUce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the
V improvements.)
vhe uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater.
The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses.
-'" / Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not
t7 otherwise available in the City of Clearwater.
& The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity
of the parcel proposed for development.
OZ. The design of the proposed comprehensive infill redevelopment 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.
.A. I Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the
V immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole.
Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to
avoid on-street parking in the immediate vicinity of parcel proposed for development.
1 . The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 of Article 3 (as applicable).
Use separate sheets as necessary.
Page 3 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
E. Sy.;PLEMENTAL SUBMITTAL UIREMENTS: (Code Section 4-202.A)e
~~~ED AND ~EALED SURVEY (including legal description of property) - One original and 12 copies;
. I.?J~/ (i"1'lf~~rees~~~' o~~ 'adjacent site, by species, size (DBH 4" or greater), and location,
including drip lines and indicating trees to be removed);
CJ )9CATION MAP OF THE PROPERTY;
~ :ARKING 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;
CJ GRADING PLAN, as applicable;
.....c::r- PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided);
CJ COpy OF RECORDED PLAT, as applicable;
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
~SITE PLAN with the following information (not to exceed 24" x 36J~A < 6.1 OI/A / iu.l>~ O)\i Ln-1I fr LA'!
~ All dimensions; !'to ~ ~ ~rul/.K wr<...n-o ~.t(/vr "Ir~."."
North arrow;
Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; J
Location map;
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; .Pr LA. l
All existing and ~oposed points of access; NJJr 0f\J ~67 ~~ I V'l(7 "J
All required sight tnangles;
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 sewer lines, manholes and lift stations, gas
and water lines;
All parking spaces, driveways, loading areas and vehicular use areas, including handicapped spaces; I'D Q M~()JJJ a(l. ~
Depiction by shading or crosshatching of all required parking lot interior landsca reas'
Location of all solid waste containers, recycling or trash handling areas an Side mechanical equipmen nd all required screening {per
Section 3-201 (D) (i) and Index #701};
Location of all landscape material;
Location of all jurisdictional lines adjacent to wetlands;
Location of all onsite and offsite storm-water management facilities;
Location of all outdoor lighting fixtures; and J ."IOAl..r::L
Location of all existing and proposed sidewalks (\j)1" ~ ~ f Ufh#{) fI't(.. ""'1\f'HW"ClI"
~SITj: DATA TABLE f~d proposed development, in written/tabularform:
II. f1' Landareainsq~'
Number of EXISTING dwelling units;
Z Number of PROPOSED dwelling units;
v Gross floor area devoted to each use; =----.
:a Parking spaces: total number, presented in tabular form with the~ber of reauired spa~
_ Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area;
.JL Size and species of all landscape material;
....:::= Official records book and page numbers of all existing utility easement;
=v Building and structure heights;
:Q ~ Impermeable surface ratio (I.S.R.); and f\X)1" IN ~
Y Floor area ratio (FAR.) for all nonresidential uses
~
9
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4
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-7
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CJ REDUCED SITE PLAN to scale (8 Yo X 11) and color rendering if possible
CJ 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 Application - Comprehensive Infill Redevelopment Project- City of Clearwater
G. ~DSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section4-1102.A)
~ LANDSCAPE PLAN:
~AII existing and proposed structures;
Names of abutting streets;
~/ Drainage and retention areas including swales, side slopes and bottom elevations;
~' Delineation and dimensiQ'lll. o!. aJl ~q~e? perirveter l.andscape buffers;
Sight visibility triangles; l'~Vl 4~
Delineation and dimensions of all parking areas including landscaping islands and curbing; fISF} ~
Proposed and required parking spaces;
"'Z:} Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline (as indicated on
required tree survey);
-X 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
...-
-2
@
REDUCED LANDSCAPE PLAN to scale (8 % X 11) (color rendering if possible)
..a-
IRRIGATION PLAN (required for Level Two and Three applications)
~
COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable
. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and
4-202.A.21 )
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
o 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
I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23)
Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part
/f a Comprehensive Infill Redevelopment Project or a Residentiallnfill Project.
vi BUILDING ELEVATION DRAWINGS - all sides of all buildings including height~mensions, co~ and ma~ls
o 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
IGNAGE: (Division 19. SIGNS I Section 3-1806)
o All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or
to remain.
o All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing
o Comprehensive Sign Program application, as applicable (separate application and fee required).
o Reduced signage proposal (8 Y:. X 11) (color), if submitting Comprehensive Sign Program application.
Page 5 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
.
K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 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 in this application.
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this _ day of
A.D. 20_ to me and/or by
, who is personally known has
produced as
identification.
Notary public,
My commission expires:
Signature of property owner or representative
Page 6 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
~
M.
· ND
oNDb
~~d
9
(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):
2. That this property constitutes the property for which a request for a: (describe request)
3. That the undersigned (has/have) appointed and (does/do) appoint:
as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition;
3. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property;
4. That the applicant acknowledges that all impact fees (parks and recreation, traffic, etc.) will be paid PRIOR to the issuance of a building permit,
certificate of occupancy, or other mechanism, whichever occurs first;
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. That (lIwe), the undersigned authority, hereby certify that the foregoing is true and correct.
Property Owner
Property Owner
STATE OF FLORIDA,
COUNTY OF PINELLAS
Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this
, personally appeared
Deposes and says that he/she fully understands the contents of the affidavit that he/she signed.
day of
who having been first duly sworn
My Commission Expires:
Notary Public
S:IPlanning DepartmentlApplication Formsldevelopment reviewl2002 Formslcomprehensive in fill application 2002.doc
Page 7 of 7 _ Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
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BLUEWATER ISLE CONDOMINIUM
CLEARWATER, FLORIDA
STORMW A TER REPORT
March 2003
Keith Zayac & Associates, Inc.
101 Philippe Parkway, Suite 205
Safety Harbor, FL 34695
RECE\VED
~AR 1 ~ 1003
pLANNING DEPARTMENT
erN OF CLEARWATER
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PROJECT OVERVIEW
Description and Location
The Bluewater Isle Condominium project, located in Section 8; Township 29S; Range
15E, is a 10.15 acre site located at the northeast comer of Causeway Blvd. and Poinsettia
Avenue in the City of Clearwater. The proposed project will include the removal of all
existing pavement and structures with a multi-story condominium/retail/parking garage
development. Off-site reconstruction of the existing roadways adjacent to the project will
also be included.
On-Site Existing Conditions
The existing project site within the two development parcels is separated by a public right
of way (Papaya St.) and consists of several small motels, commercial developments, and
condominiums. Based on site review, there appears to be no current stormwater
treatment or attenuation systems on the subject property. The stormwater runoff is
discharged into Mandalay Channel via two on-site underground stormwater pipes, and
three pipes located within public rights of way. The site is located within soil types Vb
(Urban Land) and Ma (Made Land) for which no seasonal high water elevation
information is provided by the Pinellas County Soil Survey. A mean high water
elevation of 2.50 is assumed for seasonal high water elevation purposes, which is
consistent with surrounding developments.
Off-site Existing Conditions
The existing off-site areas within the proposed development area include portions of
Poinsettia A venue, Papaya Street, Causeway Blvd parking area, and Baymont Street
adjacent to the project. The rights of way are currently fully developed with pavement
and discharge directly into Mandalay Channel via three underground pipes.
On-Site Proposed Conditions
The proposed Bluewater Isle project contains 9.61 acres of building and pavement
impervious area, and 0.54 acres of planting area open space. Parking for the project will
be provided by two multi-story parking garages which will include an oil/grease separator
in each of the two buildings. The first 0/.." of runoff from the net increase in on-site
impervious area will be treated by two concrete storage vaults within the parking garage
structures. The design intent of the stormwater treatment system is to connect the
building roof drains and parking garage floor drains to the storage vaults. The runoff
from the pedestrian boardwalks located between the buildings and existing seawall will
be discharged to Mandalay Channel via underground piping at the same locations as
existing. The vaults will include a modified inlet control structure connecting to the
proposed Poinsettia A venue underground conveyance system.
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Off-site Proposed Conditions
Based on City of Clearwater request, the existing underground stormwater conveyance
system will be reconstructed within the public rights of way adjacent to the project site.
The pipe sizes will be increased by a minimum of one standard size increment and
connected to the three existing discharge points in the existing seawall.
Stormwater Criteria
Based on the City of Clearwater and SWFWMD stormwater requirements, the two
stormwater vaults provide water quality treatment for the first 3/4" of runoff from the
increase in site impervious area. The precondition impervious areas were calculated
using survey and aerial photograph information available. A silt fence, floating turbidity
barriers, and inlet hay bales maintained during construction are identified on the grading
and drainage plans.
100 Year Flood Elevations
According to Flood Insurance Rate Map Community Panel 125096 0007 D, the site is
located within Flood Zone "AE", areas inundated by the 1 OO-year coastal flood.
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LEGAL DESCRIP TlON:
A SURVEY OF ALL OF BLOCKS BAND C. A REPLA T OF BLOCK A AND LOTS I-IS,
BLOCK B, CLEARWA TER BEACH PARK FIRST ADDITION AS RECORDED IN PLA T BOOK 21,
PAGE 21 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
TOGETHER WITH THE RIGHT OF WA Y FOR EAST SHORE DRIVE LYING BETWEEN SAID
BLOCKS B &: C, A REPLAT OF BLOCK A AND LOTS 1-15, BLOCK a, CLEARWATER BEACH
PARK FIRST ADDITION AS RECORDED IN PLA T BOOK 21, PAGE 21 OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA.
LEGAL DESCRIP nON:
A SURVEYOr ALL or BLOCKS BAND C. B. )
PLA T BOOK 23. PA~T -IL or llu- . 'Afi'BOUR-MORROW SUBDIVISION AS RECORDED IN
. . :J IL PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
TOGETHER 111m THE RIGHT or WA Y FOR EAST SHORE DRIVE L YlNG 8ETWEEN SAID
$~g~K15 Bof ffiE B~~gg~RRfto%~W J.u'tf::Pt~'f~ ~guZ~~O~f&~/;:;. PLA T BOOK 23,
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IPIROJlECT
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lOCA T~ON
To determine if Rood insuranc.e is available..CUQO m insurance agent or call
the Nalional Fiend Insurance P:ogram at ltI,c, 638-6620. .
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APPROXlMATE SCAlE IN FEET
500 0 500
~"""""1--1 I
. NATIONAl FLOOO INSURANCE PROGRAM
FIRM
FLOOD INSURANCE RATE MAP
CITY OF
CLEARWATER,
FLORIDA
PINELLAS COUNTY
PANEL 7 OF 23
ISEE MAP INDEX FOR PANELS NOT PRII'Il.TEDI
PANEL LOCATION
COMMUNITY-PANEL NUMBER:
125096 0007 D
MAP REVISED:
AUGUST 19, 1991
Federal Emergency Management Agency
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1. CAMBRIA STREET
2. IDLEWILD STREET
3. GLENDALE STRE&!"
4. HEILWOOD STREET .
5. AVALON STREET
6. KENOAll. STREET
7. NORTH GUlf VIEW
8. MARIEANNE STREET
9. ROCKAWAY STREET
ZONE AE
(EL 10)
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PINELLAS COUNTY, FLORIDA
SHEET NUMBEP 10
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FfCE!\!ED
July 17, 2003
PLANNING OEr)ARTMENl
CITY CLEARWATEH
Planning Department
P.O. Box 4748
Clearwater, FL 33758-4748
Dear To Whom it May Concern:
My name is Abraham Deletioglu and my family has owned property at 449 Poinsettia in
the Clearwater Beach area for over 17 years. I had just received a master's degree in
Urban Planning with a specialization in Physical Planning at the University of Illinois at
Chicago. I have worked fOf the City of Chicago's Department of Planning and
Development. So from one professional to another I would like to know what exactly is
going on in terms of development in general and in specific to the Bluewater
Development LLC in specific. The area that I am inquiring about is the northern section
of Clearwater Beach bounded by Causeway Boulevard to the South, Baymont Street to
the North, Mandalay Avenue to the West and East Shore Drive to the East.
The following is an account of what my family has experienced with the Bluewater
Development LLC:
The Bluewater Development LLC may be good for development but it is not good tor
everybody. Bluewater has stated that they had bought out every property owner on the
Beach but this is not true they have done nothing but mislead everybody. They have lit
the candle from both sides. They have pitted all the neighbors against each other by
saying that all the neighbors want to sell and have sold their properties.
We are living the American Dream. My father has worked 3 jobs, 20 hours a day,
working day and night 7 days a week just to fulfill the American Dream of having a
second home in beautiful Clearwater Beach. That was 17 years ago, and since then it was
his obligation to his second home to come between 4 to 5 times a year in order to fix his
place and create and maintain his garden. It is disgraceful how the developers have made
our lives miserable with their constant threats, telling us that they will build around us, or
if you don't sell your property that we (the developers) have no other choice, or noticing
that our car comes from Illinois and telling us "you didn't have an accident on our way to
Florida?" Also using scare techniques as, "We are born in Florida, we born in the beach
and we know each other. We are born here,.we are a small community we are all
connected, and we know each other." They should put love and compassion in their
hearts before promising everyone a dollar and turning the best of neighbors against each
other. We are living the American Dream with peace and harmony as an example for
others.
tit
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IfBluewater Isle is the savior of the beach, where have they been for all these years?
They have not come or done anything before. They have pitted neighbors against
neighbors to be so hostile. They have spread lies using words to hurt other people's
feelings. They think that with the money that they have, they will build and fix
everything. Without knowing it, they are hurting peoples feelings. Feelings cannot be
built or healed. What happened to humanity? What happened to honesty and dignity? I
don't know what the enjoyment they get in hurting other people's feelings. One
philosopher said, "If you have a golden tree and each leaf made from diamond sooner or
later we have to all have to leave it and go." Never say who I am because one wind will
come, blow everything, and go.
What I am emphasizing is that I do not know what is being accomplished by hurting
other people's feelings? We have constantly gotten harassed from the developer's foot
soldiers (people that claimed that they have sold to the developers and who are working
on their behalf to try and wear us down into selling our property). In terms of all this
harassment, day after day they want to wear your spirit out this is not the way to do
business by hurting humanity.
We have always been taught to love your neighbor, love your fellow man, if you do not
have something nice to.say about others then, do not do bad to others. Whatever goes
around comes around. Always have love and compassion for others.
They do not want to take no for and answer and I do not know what they want or what to
do?
I will not stop their development as long as they do not damage my property or spirit.
My lord told me that if you love one of your neighbors I will give you 100 angels but if
you disgrace one of your neighbors I will disgrace you with 1000 devils. I only wish all
of our neighbors good luck and harmony. If one of my neighbors should cry we should
all cry. If one of my neighbors should have happiness, then we should all be happy.
Sincerely,
Abraham Deletioglu
2581~ N. Clark Street
Chicago, IL 60614-1717
1-773-935-3100
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CITY OF CLEARWATER
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERV1CES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LONG RANGE PIANNING
DEVELOPMENT REvrEW
July 28, 2003
Mr. Abraham Deletioglu
2851 Yz North Clark Street
Chicago, IL 60614-1717
RE: Blue Water Isle Development
Clearwater Beach, FL
Dear Mr. Deletioglu:
Thank you for your letter dated July 17, 2003, and received by our office on July 23,2003. The
Blue Water Isle development application was submitted to the Planning Department on March
19, 2003, and was determined to be incomplete on March 26, 2003. The application's
incompleteness was due to inadequate affidavits of ownership, site plan information, signage and
other issues. As of this date, the application has not been re-submitted for the City's review.
When the application is re-submitted and deemed complete, it will be scheduled for review by
the City's Development Review Committee prior to scheduling for review and decision by the
Community Development Board. Many of the concerns you enumerated within your letter are
unfortunately beyond the City's control.
Should you have any questions regarding the application as submitted, or would like to review
any of the submitted documents, the Planning Department is open Monday though Friday, 8:00
am to 4:30 pm (Wednesday 8:00 am to 2:30 pm). You may contact Wayne Wells, AICP, Senior
Planner, at 727-562-4504.
Thank you for your interest in our City.
~~. C>>#IJ
Assistant Planning Director
BRIAN]. AUNGST, MAYOR-COMMISSIONER
HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FR\NK HIBBARD, COM~j]SSIONER @ BILLjONSON, COMMISSIONER
"EQl'AL EMPLOYMENT AND AfFIRMATIV1: ACTION EMPLOYER"
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