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FLD2003-03014 . . (",)!))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 ~ ~ . . 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. . . 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. . . 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; . . o 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; o o 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 o 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; . . 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 . . RECEIVED o o 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 o 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; . 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 . RECEIVED MAR 1 9 2003 PLANNING DEPARTMENT CITY OF CLEARWATER . . 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 . . 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 .~ . .~ . . 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.;\. .t/:. ./1 EAST SHORE RECEIVED (\) rt \-\~ o...i ~ C!..\...a.~ "\ l. "A ,.. MAR 1 9 2003 PLANNING DEPARTMENT CITY OF CLEARWATER E~~'._ t L...... 'Vj ." ~- J ~ 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- ~ r . . . 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' ?) I i> . . 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 ? ~\') ~,,'S"'-~.... ~r. . . Cue..' R...".....'\ ~~._,4"0\""_~ - s...'\:. --;\\Q,~ ~~~-c"'" . O'C'~ J''i.....a.~ >Pi ~,~'i ~ ~r"'~ A~~o...:-..~~ ~w~~~~~ ~r \N. t",or,~\'~ I L\...'- _ s\'i~~ ~" ~\o-.~ ~c.M A~~"" ~J",_~"A),.,' \\--0- t'\....~~~ \..--"-- ~ LI_c.. - OSl ")......L ~ 1 ~ \Ov-~ ~~er.s I~~.....:~ S~....:~~ .t.r t.\~o-~ -'-c--.~i \""c:... .. ~~~ 'b) 'Ql.w\~ ~~ ~ ~"J ~~Q,. 4.:\o~/l.~ a..a ~Q.T'1 ~~ ~/ '\ -KND a<~~~ .. ,.. <~ 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 .. - .. ~. , . ~ "....... - .... ,,'- . . . . .' .. - . i.......:. ....:.;:.~~(;.;; . .':{, - _'r' ;...-,.,-::, . . .' . _', .;~ :,!!-."'. .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<:' ---- -' . .-- . . y ~---...-...-_.~_.----",-------~~' --_",0 ~~;;~~^<~\~=~LZE AG~:'_.____ _..._____. ___'~ ~___~fh.46.. G(::A..t'l.~"'5 .._ .-- _n -- .. ~ !If AN pto9K""'Y --) _....-... 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!~~ -' .----.--- .--- .. ---.--.... "---'--- 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 -- . ~ . ..- ... ... __ _ o..,.....~ _............ .......... ..... ... "'........ 0..... \. ~ - . ... ;,. :S!-A~ . :;lo~. ...- ___ ~ ....- _.........,.-n ....-... - ............."................ ...-..... --" ....-9/>4.- ~ 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., a3^13~3~ . . s-~~.~ l M ft'Ar~ ~ ~~L~ ~ . . 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.,:::",,-,_ ...--:.--_-~ --- ---------- ----.-- :\ 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 ""."'0\""9r - Fb.,A C~=-L:~~------' .- -~-----':!::::{1----- ._-- P'~OWnU' e'l + -{ L , ~rw,\.. er O""hll"flfe~t'.T/'lc.._ r ORAIV(;E 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, . . '\ . 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 .. ! 0 I i Iii IS IS IS ! n ~ ~: [~ : U I. I~ ." 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" "- ._--.~ 1 -,"._----.....~ ....- ----.- ---- --~~ - ~.~I r -- , e - 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. . e N W~E S P16I", Blue Water Isle Resort Site CEVONDR BRIGHw.'ATER CR Bluewater Isle Traffic Stud Figure 1 LOCATION MAP DKS Associates 2 ~<'Lo''''''_'''''''''''''__, ! f { L f i , -'.-, ->-t<>l-''''~''.'~'''''''_'''''''I'h'''''"'''~ .."......_~;'..,''''''',''r'',' . ) i I I I I I i ~'J /..rJ t,'/:\ S'~ , ':-; I . <:1 '>- r ,<:.; Orq' {i5,.! ~' '<;: ..., r ~i .. .... ( _Oi--- ..--- ~- ~-. ~. ~ -------- i ('r--- - ---- I ! Ii . N W~! S ----~-~--- " I ,! ~ ! I I ( --- F~-"--=-TJ I, f) '/ ' ,.:1 , :/ II : ,1' I , I , - :! C~ } , t;1 t '.3\ t! fjL ~---!tJ---J~- '_ \ _32.-clOO - (:~\ljSr'.':.' t~ \. p~ \;''''': I ! f ~~i ,c1 ~_ W,\,'~(),;r:3 r - '-~ " Figure 2 EXISTING AVERAGE DAILY TRAFFIC VOLUMES Bluewater Isle Traffic Stud DKS Associates 3 .", '~ . . _,~Jl~~MQN7 ST ru~ .-~ I 15~.~ ij--;r..,,: !---~--,~-- I 1t . , . i Op ~ l , ,. J' PAPAYA ST / j ( I / , I '\' "~~ /~" /r~ ;.." , . . , , : . . , , . I ( I I , . t L ,~ f :w /(/) :2 to ,~ to- UJ . II o I J~tLm-~. '__._____u_ -. .ii .1 -.-'-' .1t--~~~'r-~%90 \ 1630~_ I _uCAUSEVJ AY l~II\JD .-}~~ -- j --- --I LJ.J ,'':::'; <:( i'-. ';'- <r! 10 :2: !<{ ~ N W~E S "'.--- _. -. "o- r "--'" c ",' '. ." \ ',J r\ t.:,. ", ...-.....-.. Figure 3 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. 6 Ii ) ( \ I / I I I f ) / ::~~:~-:_- ! I~.-- ~"---.._- . - ---r -0 ----- I I I i . ---I I I i I I r--- -LMQNT eL___ . N W~B & rr-:~____ '-~- .,.------ ~ R ('c; '....~----- --......~ '~, '. ". -~'-, Figure 4 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 i , ( I / ) ; I I , I I i I I I , . ~~ r -.-" .>".,--" roo - 4~ -:-. -r ,.J I ___. C '~7 2.1,~. O'r ,;) ;~; <~ ( ) ~f3~~\~-]iJN; .;;1 I *=, (U____) . I : . , , , , , i , I , , , I I , I , L! ! " , , ! -.,. J ... - I ~/, / ~..i ft'\ t '" --.<.- ;: '-~ t~, ~:'~~ I~f) ~ c( r ) Jr----~-------- --, g J 't-67 'L-s 21~ " . C:/~J.':S~:\ ,:.....1 I:)~ . \ ~ N W~E s -1 Figure 5 NET NEW SITE TRAFFIC VOLUMES (PM PEAK HOUR) Bluewater Isle Traffic Stud DKS Associates ~. _..._M__ ,--... .,..~.. --,,_..- - .' - . 9 i , j~i/ ---m~_! ~~\M9NISI__ ....~~.~lfi~ r='--"'~' . 0 ~ : , I . , , , , , , , I f I . L . , -; r I . to , ;.:t 'E .!2 '0 .P- , J~i! . 'ii~_- -- ~--,~-" - -....- - ..&'1 . \ ~'L-E~O It_u-r52Q~ 149() 1~O~- ~ ) , (:;AUSEW I\'y BLVD .~~~ -_.( . PAPAYA ST. ' L1.i ::::; <J:: >- .'~ I <t ~ <J:: i2 ~\ ~~: ~.- '\,0 1 j /\~, ,~~ \'1--" r- -------.... I Cy 6 ~J Q: o :r (I) I- .~ ,W . ----. --'-1 N W~E s /'---.-..'..... ........---- { :~)~? .")l \ \. ,,~ A,,,. ~...._ Figure 6 PEAK SEASON (PEAK HOUR) TRAFFIC WITH PROJECT Bluewater Isle Traffic Stud DKS Associates 10 e e 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 . . 5~ +-1.9 lUJ~ ~5 II -, ~ "":::l ":'1 o ,-- ~:!~.:' ,~J!~~ 15~ +--'.': ---, 1" 3!)~li('e- " Jt ~ e- il N W~E s .'1 -n I I I; I --~ "- J'i '~:-::.-:~::..;;_~~:_- Figure 7 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 . ft ~ Baymont 51 1 - ~ <( .. Qj " c: IV :;; kO :lO 5 70~ -~~ 2'>- 10 f ~ ~ <( ~ i c: o 11. .. ~ c: ~ 014 l!! 1 o .c: ID ;; ~ 'V 11 /'1 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 3""l D RECEIVED MAt< 1.}j LUUj PLANNING DEPARTMENT CITY OF CLEARWATER ;:\ t: f.oIlI. \ ..... ,~~~"" ~W1;t ~.~ 4 . , . . . ~, ~fU- :a 'L:~ ~;:,'."", ~l ~.- 'tu;'.C' It, . d'" ~:" ,..' , ',O', "...,.....,. ';~~' ;, ]i; "tI ~ -l :r 00' III "0 "E. c'i" at. ~r ~ 0- (1) aJ:;! :s. 00' ~ 00' ~Ill III aJ ::I (') a. ~, :E! ,<"0 _ o-en c:O'- :e..,en ;:IllZ -::10 g'1ll-l "O:J> i5-g"lJ ct:(')m ::!1at.;:u (1) -, 3: a.g=i Bl 0' . -.., o III 9'"0 (1) (1) o 3 5.;::;: (') o 3 (1) S. 9' (1) III "0 "E. ~r - g' PLANNING DEPARTMENT CITY OF CLEARWATER RECEIVED g, MAR 1 ~ L003 ~~ tIi~ ~::I: ~~ ~~ ~ ><: '"d ~ '< :3 III = - >-3 o - ~ () g- o ~ ..... l'-.J W -..J ..... ::s "tI ~ ... en o ::s . 3: III - =- o Co '"d ~ III .., = ~ = :0:- 2 o > ,., ,., o = =:I - 2 o ~ o = = .., a 2 o == o ~ ~ ,., III :r III Co '"d ~ '< :3 III = - ~ t"" S' III - tl 'Tj ~ ;:t <: t""' __ a > tl ; ~ l'-.J l'-.J 2 o 8 0 o W w, I 0 o W o 0 o ..... 8 ~ o 0-3 ~ ~ = ~ o Co III tl 'Tj I:l ('D 0 fD ~ ~ ~ 5" 5' :I. "0 0' 'S. ~ 1"""\ cr ~ bJ = ; ~ (JQ ... (a 0 ('b ~ ~ a 'Tj ~ ~ t"" S' III - - III a 0-3 o - ~ 8 8 ~ o 0 < I I III W W =:I t t Ii ~ ~ ~ l'-.J l'-.J ,., 8 a 2 o ~ ~ ~ .... "C ..... =I:t: t::l.. ~ ~ ;-N .. = 0= w(.H --= \:;= -- = N= g= W = = = = = N Q'\ VI 00 '" liI9 > > i g liI9 ..... ..... a ~ ':..I ..... ..... -e' -..J = ':..I N 0 ..... W = 0 =:I VI = --- i Ul VI - = 0 0 =:I !=:' ..... = '"d Ul 0 ~ - VI '00 0 = (:, '"d --- = 0 -- 0 00 l'-.J Q; = 0 0 -- > 0 Q; ~ 0 W .I : I j' . 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 >- f- 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 TO: ~ ~* \\\J l4__~_ FAX: -. ~ cr <0.. S, 2.. 7 Phone: '!> 1"3 - 7~4 ~ l..o \0 ~ 7 FROM: W~ \,do.\\s Phone:~\.9'Z..-4S-04 DATE:~ to\ 'L RE: ~ \-Je. 'wo..~V- '\ ~\"- MESSAGE: ~(\.{ "'-f \e~ u.\\u oC ~ 1~\\)3 NUMBER OF PAGES(INCLUDING THIS PAGE) lo r' "::E:;I ::1::' h''EFCiFT . . i II Jun. 29 2004 02:36PM YOUR LOGO YOUR FAX NO. Cit~OfClearwater-Plan Dept 727 562 4865 NO. OTHER FACSIMILE 01 93985927 START TIME USAGE TIME MODE PAGES RESULT Jun. 29 02:33PM 02'32 SND 06 OK TO Tl..RN IFF Rt::::l-'l.Jt.(T, PRESS ' Me-tlJ' tUM. TI-EN SELECT CFF BY USI NG ' +' OR ' -' . ~ FAX ADVANTAGE l=lSSISTf=N:E, PLEASE CAlL l~AX (435-7329). 1 ! . . 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. S:\Planning Departmenf\C D B-forms and shells\MiscellaneouS\correspondence and conversation tracking sheet. doc ':';,_",J ....:i'::,. .., "~i,~:'f 1 ":11_ 1~ }~Ji-' '..'::1.; ,.' ,,~ /' . . P/~ 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. I . r . 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. . ., a. b. c. Page 1 of 5 . . 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 . . 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 , i . . 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 . . 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 Page 5 of 5 - j i I . . 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 .I. j . .- 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" i . . 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 . .- 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 ! ~ ~~~LOF~ ~M'\lt, ~, ~ - _ ..;:c'" ~r:::: ~ -~ ~= ~ ~ -==- ~1 ~~ : If(~I/,NWI~. 1:rl-~ - ~e. Colh<Ar-- ~,~~ CITY BtM.~iIc /I'I-<h ~~I CA~Lrl_' Sd...t' I J ~ -~"N('Vot:-l ) ~ ~A"" . ,.{ :2jto "3 OF 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. m. n. q. . ~., J- . . .jRK~') ~I d' ~'\/~J '\>J- yrn C~ 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 fU.-te... 3. b. ". 5i t rl1 U I 01 (liD t.(j 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 ~~ fArm, ~~;~~__'''MOim':i04;:~'';::;ommi"=;:; :t:~"$ \/ '9\70 6-VMV\~r-W~~....~r Jl"-"'~ ~"g,,;,.1J<'i _~ ~d.:~ - ck:lit 4-w ,.QQ. I/o"- vwt" '- ur~ ~L... D~l4.-=) 112UJBu~ . I i _~bvDft~_ " ~l !:~~~ =~~~~~~:-~~~~ ___~~~~ ~~uz/~._.__________________~~2- ~~__ ~ .~~z. 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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 ;~hSP;;i~~~e~;;;O;;;Sf;' fi: i ~ ~ f Ita I e.-R ~. ) ) jeL f;ujr (~ib p/~ ~ ~ , ~ r be.- t..I.l tJYl~1 (4-"1 rY"/~d) 1J ~~ tJ. U ,(/ ~ fl. 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I -- ------------~i-------.---------------------------------------------- -- .-~t.-.-:--- ..", ',. . . .' 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 *, . . 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 " 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 -- . ". .. . . 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 ...'''... , '" . . 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 i I I · " ~" I ~ .!. "",_ I II f ( . . 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 . Action Arts & Entertainment AP The Wire Business Citrus County Columnists Floridian Hernando County Hillsborough Letters Movies Neighborhood Times News Update North Pinellas North of Tampa Obituaries Opinion Pasco County South Pine lias Sports State Tampa Bay TV Times World & Nation Find your local news section Weekly sections Brandon Times City Times Homes Outdoors Perspective Personal Tech Sunday Money Tampa Bay Business Taste Calendars Classified Forums Sports Weather Yellow Pages !Sa E-f11ii111 va Print ~ Reuse or republish ft' Subscribe tD the 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 cue .JA1 rVUU ~'J'jm; Fe~t~ ..~ &...lr.i .. :CQ.ug .. fw1d .. .I1w:d .. B.fWj 5Iwl.l Ir.iD WtKk 8/112003 .0 Northpinellas: Investors want .eloper to step aside . Page 2 of3 Travel Weekend Xpress Special Sections Arena football Buccaneers College football Devil Rays Lightning Neighborhood Times North of Tampa Ongoing stories Police report Schools Seniority Special reports Stocks Contacts It FIND A CAR FIND.A HOME 1. FIND A JOB sptimes.com Text-only News sections Action Arts & Entertainment AP The Wire Business Citrus County Columnists Floridian Hernando County Hillsborough Letters Movies Neighborhood Times News Update North Pinellas North of Tampa Obituaries Opinion Pasco County South Pinellas Sports State Tampa Bay TV Times World & Nation Find your local news section Weekly sections 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 http://www.sptimes.com/2003/08/0 l/Northpinellas/Investors _ want_ develo.shtml 8/1/2003 Nmthpinellas: Investors want .eloper to step aside Brandon Times City Times Homes Outdoors Perspective Personal Tech Sunday Money Tampa Bay Business Taste Travel Weekend Xpress Special Sections Arena football Buccaneers College football Devil Rays Lightning Neighborhood Times North of Tampa Ongoing stories Police report Schools Seniority Special reports Stocks Contacts . 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 I ," ~,' -I , 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 " \ fi!J ARTICLE 1. -) , 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 J ." -I , 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 -) , 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 -I , :EXBlBITS Legal Description. Commercial Parcels ... ... ... ...... ...... ... .. . . .... .. ............ .. . . . ....... ......... . . ..... ....... .... A Legal Description. Controlled Property ............ .......................... ............................... ........... .... B Zoning Letter ....... ............. ......................... ............. ...... ...... ....... ................. ............................... C Project Site.................. ..................... ......... ............................................................ .................... D Sidewalk and Street hnprovements.......................................................... ..........................;........ E -I 00-" 1 F'EB-22-2000 4: 50PM PINE CO BK 10B20 PG 1294 ---,--:J IIUUU.'U.UIIII___. ~ 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<;;( I"'.l..!:: .": , ,- 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 [:3 ______.... ' I.'~~"r g Fi~s = -.__-:: M'(r: _ __n p<: -. -_.- RF/ ___.'0'''.' -&.: ~1~$"O .. CK UAL ____....__ CHG AMT ___ tAJ RETURN TO: (!.."+1 (!. (e~l~ Dei;)C'I"~e',,1- C,"1d o-f c..(('4t'2<.o.J"'~~ P. 0, ls '" l< Y. 1 " lS" ("_ 337SK- '{-'1'+6 C(ea.lZ.w",-l.e~ FL I Page 1 JMC\City or ClllIII'WlIter Agresnent , I .1 . ._-~~~ ~~~~~~~--~!~~~~~~!~-~~--' 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. Page 2 JMC\aty .rC1arwa_ A~t ;0 ~ 1~it~L~~~~r-,,~L~2SS__._ 10. "Developer" means, for the purpose of this Agreement, Mandalay Beach Club, Ltd., a Florida limited partnership. -I 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. Page 3 JMC\Cty.' aelll'Wllter Agreeneot tt:J ., --- . 'ZNELLAS COUNTY rLA -------~_ _~R_~~~ ~/(_ ~~_~20 PG 1;~S? --------------.----.. 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 Page 4 JMC\afy ora...,.._ Acnement -- -, - 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. Page 5 JMC\C1ty of a..n.a... A........ - -. . , 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 Page 6 JMC\Cty or Cleanrater Aueement .() . ____"':~~~~~~_~~~~_Yp~LF:~~ to this Project. Developer covenants and agrees to comply with the concurrency requirements of the City's regulations. -I 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." Page 7 JMC\City ofOeanra,.. Agreement ICI ., ., ~rNtLLAS COUNTY rLA -______~~ .REC .8K 10820 ~C3 1301 - --- ------ -------------- -- 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). Page 8 J'MC\<:.1ty ofCIearwater Agreement h3 -I ~ PINECCRS COUNTY rCR. Orr.REC,BK 10820 p~ 1302 '-~-"--"--~'--"-~-_._~- 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. Page 9 JMC\Cty ofCearwa_ A~t ~ -I . 'lNELLAS COUNT V rLA. 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. Page 10 JMC\City 01 C1__ter Agreen.nt .40 -I , PINELLAS COUNTY rLA. 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 Page 11 JMC\Clty .f ClearwaClr Agreement .pea -I ~~~i~~:~ ~g~~bV~L~3~_ .------------- 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. Page 12 JMc\Cty.f Cearwa_ Agn.nent j/IJ -I . I P INELLRS COUNT'll F'LR. OF'F',REC.aK 10820 PG 130B 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. Page 13 JMC\Oty orCleannCllr Agreement /JIO -I , PINELLRS COUNTY rLR, Orr,REC,BK 10B20 PG 1307 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. Page 14 JMC\aty oraearwater Agr-.ot /4 -. ~ PINtLLRS COUNT V rLR. I Orr .REC.BK 10920 ~~_~O~__ -- --.--- ---'-'- ---.--- -.----.--- 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 Page 15 JMC\Cily or Clearwa_ A~t ,.() . I ~NELLRS COUNT V ~LR. Orr.REC.BK 10B20 PQ l~OB ---------<-- 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. Page 16 JMC\C1ty 01 Clearwater Agreement ,fA ~ ~INELLAS COUNTY rLA. tr~,REC.BK 10B20 PG 1Sl0 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. Page 17 JMC\Oty .rC1eenvatlr Agr-.-t ..)4 -, ,. P lNELLAS COUNTY rLA, Orr.REC.il< 10820 PG~~ 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 Page 18 JMC\City.r Cearwat8r Acr-nent dJ -, ~INEllAS COUNTY ~lA ------~~~_~~~~._~~__ ~~S20 ~13 1312 --------- 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. Page 19 JMC\Cty ora-.... Acr-nmt '" -I ~PINELLAS COUNTV rLA, Orr,REC.BK 10B20 PG 1313 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: Page 20 JMC\C1ty 01 CllIII'W8ter Acr-nent A --, ~INE"RS COUNTY ',R. ol~.REc.BK 10820 PG 1314 ,_. -- -.-"---..---.--- 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. Page 21 JMC\cay or Clearwater AII""MlDt 03 -. "'PINELLRS COUNTY 'LR. !rr.REC.BK 10B20 PG 1315 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 Page n JMClQty orClearwa_ Agreen.nt P3 -I - P INtL.L.RS COUNTY F'L.R. JbF'F'.REC.BK 10920 PG 1318 ------~"- . 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 Page 23 JMC\Clty 01 Clearwatllr Agreemmt /JO b. AoO -I __._~F"~ .I~i2~;: rOUNiY F"LA. -~----_____~_eCo PC; 131? -------------------- 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. Page 24 mC\aty or 0-.. Aar-nent -I ~ PINELLRS COUNTY 'LR. OFF.REC,BK 10820 PG 1318 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 Page 25 JMC\Chy 01 C1elll'Wllter A&r-nent PO -, _Ji ;~~~~:t 7~~~6~p~L79 ~~ 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 Page 26 JMooty.r C1earwa_ Agreemmt Jl8 -, ~NELLAS COUNTY rLA. Or'~~EC.BK 10B20 PG 1320 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 Page 27 JMC\CIty of C1el11'W11ter AgreBDlDt .4Id -I ~ .INELLRS COUNTY rLR _1F"F" .RE:C .BK 10B20 Pl3 1321 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 Page 28 JMacty ofClearwa_ A&r-nent M -I - P INE:L.L.FlS COUNTY F'L.Fl. ~F'F' .RE:C.BK 10B20 PO 1322 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. Page 29 JMC\Cty ofClIlllrwll_ Agn.nent pIIJ -I ~ ~INELLRS COUNTY rLR -'Orr.REC.8K 10820 ~G 132~ 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. Page 30 JMC\CUy .raearwa'" Agreemmt ,.,0 ., ~ or~ ~~~2~:~ _~~~~~~~~~24 __ 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. Page 31 JMClety orClHl'Wllb!r Agreement <<l -. 4ItFINELLAS COUNTY 'LA ~__~'~l:.ek_~OB~FG-!~=--- 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. Page 32 JMC\Cii1 or ae.rwa. Ap-eement 1)0 -. · P INEL..L..FlS COUNTY F'L..Fl., ~F'F' ,REC,8K 10820 PG 132~ ----.-------- 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. Page 33 JMC\C1ty or Clearwaw Agrem.nt dJ -. ~NELLRS COUNTY ;LR, Orr.REC.9K 10920 PG 1327 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. Page 34 JMC\cay of C1earwahir A&r-mnt tP ., . IblN~LLAS COUNTY rLA. Orr .R~C .BK 10B2?_PG~::2e_ ------- 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 Page 35 JMClClty .rClearwater AcnemeDt fI,f .~ . PINELLRS COUNTY fLR. I ___I O~. REC .1!~_~~~~~_~~:2e___ 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 Page 36 JMaca, ora.rw.ter Agn.neut /P ., . tt PINt~~R~ ~g~~riY P~~~330 Crr . REC . B ____---------- -.------------------ 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. ,"""" ,'~~L II"It. ........ "~~..,,......~~._- " ....... ,~. ~" - ,Ql",..,I/ffi'T1\ c ~ :n:'h_.~<: .~';. ~" ':.~~". . .' ~~ ..T.J"li.. .f ~.. --~IfJT.....~~,' .......,,~ I ER .... "'6'" .~ 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 . . -~ 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 . Page 1 of3 Calendars . FIND A CAR It' FIND A HOME "FIND A JOB 2002 Year in Review sptimes.com Text-only News sections Action Arts & Entertainment AP The Wire Business Citrus County Columnists Floridian Hernando County Hillsborough Letters Neighborhood Times News Update North Pine lias North of Tampa Obituaries Opinion Pasco County South Pinellas Sports State Tampa Bay TV Times World & Nation Find your local news section Weekly sections Brandon Times City Times Homes Outdoors Perspective Personal Tech Sunday Money Tampa Bay Business Taste ~ ""'~,., '" E" 3r~~ ,.-- \1...__ ___ F !1 ~~ ~ Classified Forums Sports Weather Yellow Pages ~ B3Ck Special Links ISa E-maH a Print 1"""\ ReIl5E! CK republish fir Subscribe to the thinlticle e thinlticle r- thinrticle ~ St. Pl!Iel5burg Tun~~__ Mary Jo Melone Howard Troxler Fellwrlng: i'" Ccumnllggk ii1taclult~ !i" Heilth Careers ;;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 Travel Weekend Xpress Other features tampabay.com Area gUide Calendar Comics & Games Forums Movies Real estate Residents Travel reservations TV Times Visitors Weather Worship directory Ybor City Yellow Pages Special Sections Arena football Buccaneers College football Devil Rays Lightning Neighborhood Times North of Tampa Ongoing stories Police report Schools Seniority Special reports Stocks Services . Advertise Online . Auto . Classifieds . Employment . Market Info . Newspapers in Education . Radio Stations . Personals . Subscribe . Contact us 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~ ~..<~~LOF r/f~ ~~~I,if ~ ..-re:i..~ ,) 1/ . ~ ~ ~~. -5C~ ~~_ ~tt ~~~~~:1lj~~~'\ ~.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\(\ Sc..J\O d+\-e-,y Fax No: S c....:1 ,- L\ "'S 7l, RE: From: t.auralee G. Westine, Esquire TOTAL NUMBER OF PAGES INCLUDING THIS COVER SHEET: c c. iL"s """d- ~ ro ~r..nk- I) oH",n~~( ~ - / f (.... C ---14 )" " .... ! . fli Ii! i II, 2003 ! L__~) ,-"~ I d Ii :',\) I ! : "., .: 1 ai .' ~ i' . II ***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 i ,.', !\"-, \,1\, l", '" i II -' i! '- ! ! \\i\ r~IU'\~ 1. ;C2~; , \ ' ;\ ;..- ~ \.--: , . . SENT BY: FIGURSKI&HAR'ILL. . ~: "1jJll , ~ ." Ii , "< .f I I "I }) 727 9443711 j 10 \2 \, ' " i I .i 9 MAR.14,O. .4 ,.f .J !::. .~ i ~\~~. ~~~_\\J\ II II II ,1) U ..::.L';'~ --tJ ~ -~ f- il' &. d- " ~ 'I 1(,1 1,1 'l , , \ I \ \ I \ ( , PAGE 3/3 U\ J} ~. ~'L.~ ~-~ C\.ur,\'i! H/IHBO --'---_._~ / ~ () \ ~, ./. oJ' .~"~~ \'r-~ ~ () \~-\ .J> JI ~ iii, \~() ~<l~<b 0 \ '\ II "I'I ." tl :~ i- oJ_ Q- :~.~_:j1 1'", 'iO I l -i [r (1::) i "'ri I C, lh IJ I \\-:;';;""';.~..'- '-:..-' r\ lj ~ ',J . '- P~r,t\ o-l i_:~ "m;~ em 'II !L '--on . f '\ i . ---.1 n, ____.___,,--~ . I I !I II ! I, \ ,....~"~+3. L\J-J' . .,1-', f <<, .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 Map Output e Title to display on Map: Ie Page 1 of 1 c L8;:Jend .....,/ Str.~5't~ ,,' D Pa:':;9i:; o -:;~, o _\1 :;.{ o \1:;1 . \"',~'l . 'I:;:l o \1>1,' .T .C OS DO .1 . I'll o 0:>'1 Bill" D~ I~) ''''J''''- .uJ n In>;J 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 1"1 " '. . . I I NORt.. MANQAUWINVESTMENT GROUP. INC. P. o. ElOX 64~~ . ClEARWATER,Fl 33758-6436 1234 3. /8=03 63c21S/631 ~tOilie ....~2G7/~~~~~ erof ...... . '..... .......-. '.. ~ I1nll!trs ??;,~~~'/J/ 7'V SUNTRUST ~1lust~ . . >. . ;;?VZ~~ ~i'~b 7:5 2.:000 U B 5'1 'I? 7'W ~H~ fn Sec'ullly F~alu'llI .f..... .D...".".1I:0~ Bacli. ._IVP 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 ~/~~ 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. 2 .. 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. . . 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. 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 . . 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 . . 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 . . 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 '" . 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 ~ -;7 4 o ..L" -7 ~ 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 t ~ . ~ ~ ~ , . i c i - 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 t It . . It l It . It . It t It t . . ~ . ~ . . t It . It t . .' 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. ~ It ~ 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. . I t ~~AWA--re-v ~L.AT10J~ t ~) f.l2:>..r~ ~ = ~ I (.,:;vT1+ ') . ~?~ :? (i-bM) ~ \DiAL..-- A~ ! t::.-XI'9Tl ~ ?t? J:o rlloJ~ ~ ff::e:J\Du~ ~ 1\ 1t7{f~f\/IO~ ~ ~.. ~ --~;9 ?atpr-now.~ ~ ., ~~ltlt)~ A~ ~ ~,74Ac.-- t LM1~,,'la<>7~ '9,bl AC--- t:t- ') \?~UI vOl-U l>"E- ~ IreD .. ~"f<.l4?ff t<llZ'5F ire )t1>1fWv'1Da"':::. i : l~A ")(~){ 7'.hl At:.- - 8, liRA<:-)( ~~ftZ-) I ~/141.U ?L-{ -F1 tJl) I~-( ~l.lMe... ~r\/l3D lIl-rwo ~ y;.wLT,"",= lot) 'F\ ')t ~4" f=1 ::?, S-t)o ..q1F: (~t'~ ;;:. 4, 1~ -$,r; IO~L-- ~\?- ~-.I, :::: ~/ 1+1,tP -"4-f't ~'v / 4,75Zl5.f": W<z..Ic:l ~ := t?~FT -;- ~,75'(~J t\-~--I~) ~ ~,~? ~...j ; i i ::= f.8DAc- ::= ~,~k- =- /0,10 Ac--- :::. J,99;':c- ;: B. I ~ .,AL:.- . II ~ It ~ ') . . , e, lti ~I i'" I .,;.:;.- j 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, E It = I It It ~ = It t . I IPIROJlECT lO<Cfl~T~OfN ~ ~^'( ~ ~IROJlE<C1" 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. . ~ 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 .-..,..__.....~_.. ..- E . . -. ~ .. ~ . = I i ~ . ,. E 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) . "",.' . PINELLAS COUNTY, FLORIDA SHEET NUMBEP 10 J ~ .6 ...0 . / .' 'i :; 11...."' ~ ~ . ~.' ,~'1~\") ....~~ . ~. ...., . ...,.--';" :59~ .~,Z~ t:.i':' _ c~....~~Ir"'!-;; . ---~--- . 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 . 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 _"11__ ~ . . 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]. 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