HDA2013-08004 - Parcel A,
325 S GULFVIEW BLVD
HDA2013-08004 �lopment Department
Clearwater �
Seaway Hotel; Mainstream Parters VIII, LTD Parcel A �nsity Reserve
Zoning: Tourist Atlas #: 276A `"
___ _.nt Application
IT IS INCUMBENT UPON THE APPLICANT TO SUBMiT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE,
INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION.
ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES)
TO THE PIANNiNG & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE.
A TOTAL OF 15 COMPLETE SETS OF PLANS ANO APPIICATION MATERIALS (1 ORIGINAL AND 14 COPIES} AS REQUIRED WITHIN
ARE TO BE SUBMITTED FOR INITtAI REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT REVIEW BY THE CITY
COUNCIL WILL REQUIRE ONE HARDCOPY AND ONE ELECTRONIC VERSION Of THE COMPLETE SET OF PLANS AND APPLICATIOIV
MATERIALS. TME ELECTRONIC VERSION MAY BE EMAILED OR PROVIDED VIA CD, THUMB DRIVE OR OTHER DEVICE AS
MUTUALIY AGREED UPON BY CITY STAFF AND APPLICANT. THE HARDCOPY SITE IS REQUIRED TO BE COLLATED, STAPLED AND
FOIDED.
THE APPLICANT, BY FILING THIS APPIICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE
COMMUNITY DEVELOPMENT CODE.
APPIICATION FEE:
$1,500
PROPERTY OWNER (PER DEED): Mainstream Partners VIII LTD (Parcel A
MAIUNG ADDRESS: 1Q165 NW 19th St Miami FI 33172-2529
PHONE NUMBER: 727-224-6650
EMai� Antonio Femandez / mamerica@tampabayrr.com __ __
AGENT OR REPRESEN7ATIVE: Behar Peteranecz. Inc (istvan L Peteranecz AIA, NCARB)
MAILING ADDRESS: �03 ROgefS Stf@et, C12211N2t8f, FL. 33704
PHONE NUMBER: 850-377-1870
EMAi� Istvan Peteranecz / istvan@architecturebp.com
au�Rtss or SuB�ECT PROPERTV: 325 S Gulfview Bivd Clearwater, FL 33767 & 326 Coronado Drive
PARCE� rvuMBER(S): 07-29-15-52380-000-0630. 07-29-15-52380-000-1110.
& 35'x240' Portion of Gulfview Right-of-Way
L�Gn� uESCR�P7iorv See Attachment "A"
akOFOSED uSE(Sj. 18C room Hotei with assoc�ated arkin�and amenit�es
DESCRIPTION OF REQUEST:
Speafically +dentrfy the request
;indude aP reques.*ed code flexibihty;
e.g., reduction ,n required number of
park�ng spoces, he;ght, setbacks, �ot
size, lot width, specific use, etc )
A Development Agreement request to ailocate 100 rooms from the
Hotei Densitv Reserve for use as part of a new 180 room hotel.
Planning S� Development Department, 100 S, Myrtle Avenue, Ciearwater, FL 33756, 7ei: n7•562-a567; Fax: 727•562�a865
Page 1 of 4 06/13
�
Planning & Development Department
�learwater Hotel Density Reserve
Development Agreement Application
Data Sheet
PlEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. fAILURE TO COMPLETE THIS FORM
WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNT�L THE FOLLOWING
APPLICATION CYCLE.
ZONING DISTRICT:
FUTURE IAND USE PIAN DESIGNATION
EXISTING USE:
PROPOSED USE:
5�7E AREA 69,736 3 SF
Tourist District "T"
Resort Facilit�es H�gh "RFH"
Hotels and Multi-family
Hotel
sq. ft. 1.601 Acres acres
GROSS FLOOR AREA (approximate square footagesj: DENSITY (rooms per acre):
Hote1 Use 133.700 sq. ft. Existing 50 DU/ac (80 DU)
Accessory Uses: 19.200 _ sq. ft. Proposed 113 DU/ac (80 DU + 100 DU Hotel Reserve =180 DUi
Total: 152,900 sq. ft. Maximum Permitted: 150 DU/8C
+124,400 Parking Garage = 277,300 SF.
BUILDING COVERAGE/FOOTPRINT (i" floor square footage of all bu�idings).
Ex�sting: 15.993 sq. ft. i 22.95 % of site)
Proposed: 51.400 sq. ft ( 73 71 % of sitej
Maximum Permitted: 66.250 sq. ft. 1 95_00_ % of site)
IMPERVIOUS SURFACE RATIO (total square footage of imperv�ous areas d�v�ded by the totai square tootage cf ent�re s.te):
Existing: 0 482
Proposed: 0 792 (55,230 sf )
Max�mum Permitted: 0.95 (66,250 s�
OFF-STREET PARKING
Existing
PruposeG
f�;��i�:mun� Keq��rea:
55 Spaces
216 Spaces
180x' 2=216 Spaces
BUILDING HEIGHT:
Existing:
Proposed
Maxi�?�U��� Permitted
55'
140' Above BFE 14
150' Above BFE 14
STATE OF F
LORIDA, COUNTY OF PINELLAS � �
;��e ndersigned, acknow�edge that ail Swom to and subscribed before me t7;s _�� day c` '
� represe���at��ons macte �n ".~�s apptication are true end � _ ' Q � to me and/or by �
accUrate to the best of my Knowiedge and autnorize , __ r-' r,Li , who fs ersonail know has '�
!, City representatives to visit a�n/d, photograph the � 1 ' Z`•` � `�' �'� � Y
I property descri ged in th;s'appiicatton. produce as identification. '
' 6 � 'T i
' `� :�
' t
� __ __
! Signat e of property owner or representative Notary publ�c,
My commission expires i�QUL��.I ����.�1:1�
PIBniting & Devefopment Department, 100 S. Myrtle Avenue, Clearwater, FL 337 , - � -562-486
m..%,
Page 2 of 4 't`; :��'� *� �'= MY COMMISSIOP� t f���i7
1!;, ._ �, EXPIRES: December 27, 2017
r� •. : �'._
,�`. < u,�a;•• BaWed Thru Notary Public Uibenrr[as
c
Planning & Development Department
� learwater Hotel Density Reserve
�
- Development Agreement Application
Affidavit to Authorize Agent/Representative
1. Provide names of ali property owners on deed — PRINT fui! names:
Mainstream Partners VIII, LTD _
Antonio Fernandez. Partner
2. That (I am/we are) the owner(s) and record titfe holder(s) of the foliowing described property�
325 S Gulfview Blvd Clearwater, FL 33767 & 326 Coronado Drive
3. That this property constitutes the property for which a request for (describe request):
Construction of a 180 room hotel w/ 216 space parkmg garage, and associated utilities.
4. That the undersigned (has/have) appointed and (does/do) appoint:
Behar Peteranecz Inc (Architects) Istvan L Peteranecz 103 Rogers Street, Clearwater Florida 33704, 850-377-1870
as (his/their) agent(s) to execute any petftions or other documents necessary to affect such petitfon;
5. That tnis affidavit has been executed to induce the City of Clearwater, Florida to cons�der and act on the above described
property;
6. That site visrts to the property are necessary by City representatives in order to process this application and the owrer
authorizes City representatives to visit and photograph� the property described in this application;
7. That (I/we), the un signed authority,�llereby certify that the'oregoing is true and correct.
7
�. �-- G�
; " Property Owner Property Owner
�
Property Owner
STATE OF FLORIDA, COUNTY OF PINELLAS
Property Owner
BEFORE ME TrIE UNDERSIGNED AN OFFICER DULY COMMfSSIONED BY THE LAWS OF THE STATE OF FLORIDA ON
THiS �� DAY OF d-� ��(U-�Lf U oZ-L �y PERSONAL! Y APPEARED
`'� _ �n.� � �� ��� Z WHO HAVING BEEN FIRST DULY SWORN
�Tj\
DEPOSED AND SAYS THAT HE/SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED
, ,:�.::''•. C. BREWER � � � �
�' �; MY CAMMISSION t FF 058557
, ; �r�; EXPIRES: December 27, 2017
� '�'ri`� B°"dedThNNOIaryPublicU��� Notary Publ�c Signature
�� t�
', Notary Seal/Stamp My Commiss�on Expires ��-"'`-�'-�'L- °Z r a� ��
Planning S� Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 7270-66 3 865
Page 4 of 4
PARCEL (A) � 2014
Attachment B
Description of Requests
• 180 unit overnight accommodations.
• Request of 100 units from the density pool.
• Increase in density from 50 DU/ac. To 113 DU/ac.
• Increase in building height from 35' to 140' above BFE.
• Architectural Exhibits.
l
Attachment C
General Applicability Criteria
PARCEL A I 2014
Request:
Flexible Development approval to permit a 180-room overnight
accommodation use (80 units from base density; and 100 rooms
obtained from the Hotel Density Reserve under HDA2013-08001
in the Tourist (T) District with a lot area of 1.601 acres, a front
(east) setback of 15.00 feet (to building), a side (north) setback
of 8.00 (to balcony) and 10 feet (to building), a side (south)
setback of 8.00 (to balcony) and 10.00 feet (to building), a rear
(west) setback of 0.0 feet (to building), a building height of 140
feet above Base Flood Elevation (14 feet) to top of roof deck;
216 parking spaces at 1.2 parking spaces per hotel room.
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.
West: The property to the west includes city right of way Gulfview Blvd.
and beach access.
North: The property to the north is a parking garage.
East: The property to the east includes an existing hotel, parking lot and
vacant lot.
South: The property to the south includes retail, hotel and parking.
The scale, bulk, coverage and density of the proposed project are in
keeping with the Design Guidelines set forth in Beach by Design for the
Beach Walk District. The proposed resort style hotel project maintains the
existing use, and maintains a maximum height of 140-feet above base
flood elevation (BFE-14 elev.)
The proposed project will enhance this area of the beach in a number of
ways, including:
• Removal of an existing older hotel not consistent with Beach by
Design criteria.
• Construction of a new hotel consistent with new City code and
Beach by Design criteria.
• Upgrade in landscaping from the non-existing condition, to areas of
planting and grassed open space and hardscape areas.
• Providing a destination hotel on Clearwater Beach.
• Setting an example in a Beach by Design district that will likely
inspire new development in the area.
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PARCEL A I 2014
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 maintains an existing appropriate land use
according to Beach by Design with a resort style hotel that caters to
families and established clientele. The project includes adequate off-
street parking. The new project will provide a positive example along the
Gulfview Blvd. to serve as a catalyst for redevelopment of new hotels and
mixed use development. This will have a positive impact on the value of
the adjacent land and also provide clientele for the surrounding
restaurants and retail shops.
3. The proposed development will not adversely affect the health or
safety of persons residing or working in the neighborhood of the
proposed use.
The proposed development will be designed to meet all state, federal and
local codes with respect to fire safety, potable water, sanitary sewer, traffic
and pedestrian safety. The development will create wider sidewalks for
pedestrian safety and will encourage persons living and working in the
area to visit the proposed restaurants and retail shops.
The proposed hotel maintains the existing use and does not introduce any
new businesses that may adversely affect the health of persons residing
or working in the area. The proposed structure will comply as required with
applicable codes including the Florida Building Code, the Life Safety Code
and the Florida Fire Prevention Code.
4. The proposed development is designed to minimize traffic
congestion.
The results of a traffic study performed for this development indicates the
project will not cause significant increased traffic congestion. The
development will include a code compliant parking garage (216 stalls)
which can be significantly increased by making use of valet parking during
high occupancy periods.
5. The proposed development is consistent with the community
character of the immediate vicinity proposed for development.
The proposed redevelopment project will improve the visual appeal near
the north entry to Beach Walk and South Clearwater Beach. The
architectural style integrates a tropical modern design which is appropriate
and aesthetically pleasing for the Beach Walk District.
The development maintains the existing use of the property and is
consistent with the properties to the north and south.
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PARCEL A I 2014
6. The design of the proposed development minimizes adverse effects,
including visual, acoustic and olfactory and hours of operation
impacts on adjacent properties.
The building includes enhanced design elements on the fa�ade as
required by Beach by Design including adequate windows, vertical and
horizontal plane changes and recommended color palette. The acoustic
and olfactory impacts are minimized by providing all of the parking within
an enclosed parking garage. Hours of operation will be 24/7 which is
consistent with surrounding properties catering to the tourist industry.
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PARCEL A I 2014
Attachment D
Applicable Flexibility Criteria
1. With the exception of those properties located on Clearwater Beach,
the parcel proposed for development shall front on but shall not involve
direct access to a major arterial street unless no other means of access
would be possible.
RESPONSE:
The parcel proposed for development fronts solely on Coronado Drive, all
vehicular access to Gulfview Boulevard has been removed. The site is
designed with two driveways for guest access and one service driveway
on Coronado Drive. The Southern driveway accesses the elevated hotel
entry plaza, the northern guest driveway in the approximate in the center
of the site, allows direct entry to the hotel parking garage. We propose this
centrally located access to be a"right-in, right-out ingress and egress
point. The proposed service drive at the extreme north end of the property
is designed to facilitate access for delivery, service, and solid waste
vehicles. The existing driveways along Coronado Drive will be removed
and replaced with code compliant driveways.
2. Height: The increased height results in an improved site plan and/or
improved design and appearance.
RESPONSE:
The proposed building height of 140-feet above BFE (BFE=14.0) meets
the Beach bv Desi_qn Guidelines and provides for a new modern Resort
style Hotel that replaces a dated existing hotel and apartment building,
that have exceeded their useful life and includes almost no landscaped
areas. The proposed development will provide enhanced landscaping and
hardscape areas. The existing driveways that currently connect to
Coronado Drive, a major arterial street, will be removed and replaced with
three driveways that will meet the City of Clearwater's current design
standards. In addition, the the development creates a vista to the Bay via
the elevated entry plaza. The building is designed to maintain the
waterfront as open as possible, not to be imposing over the beach side,
rather it has an open beach plaza to serve the public as well as hotel
guest. The design has taken the considerations from Beach by Design
and other development and construction regulations.
3. Signs: No sign of any kind is designed or located so that any portion
of the sign is more than six feet above the finished grade of the front lot
line of the parcel proposed for development unless such signage is a part
of an approved comprehensive sign program.
RESPONSE:
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PARCEL A I 2014
A comprehensive sign program will be submitted for approval as a
separate package addressing signage locations, height and size.
4. Front Setbacks:
a. The reduction in front setback contributes to a more active
and dynamic street life.
RESPONSE:
The proposed design maintains a minimum 15 setback. The
Coronado setback varies from a minimum of 15 feet to 20 feet at
the required 100' building steps. Additionally, as per the revised
BbD Ordinance, there is a 15 foot building sfepback at the,
approximate, 25 foot height (above BFE) level for a minimum of
75% of the building frontage.
b. The reduced setback shall result in an improved site plan
through the provision of a more efficient off-street parking area, and/or
improved building design and appearance.
RESPONSE:
No reduced setbacks are proposed
c. The reduced setback will not result in the loss of landscaped
area, as those areas being diminished by the setback reduction will be
compensated for in other areas through a Comprehensive Landscape Plan.
RESPONSE:
N/A
5. Side and Rear Setbacks
a. The reduced setback does not prevent access to the rear of
any building by emergency vehicles and/or personnel.
RESPONSE:
The building is fully accessib/e to fire equipment along the east and
west property lines.
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PARCEL A I 2014
b. The reduced setback results in an improved site plan through
the provision of a more efficient off-street parking area, and/or improved
building design and appearance.
RESPONSE
N/A
e. The reduction in side and rear setbacks does not reduce the
amount of landscaped area, as those areas being diminished by the
setback reduction will be compensated for in other areas through a
Comprehensive Landscape Plan.
RESPONSE:
The sideyard setbacks are proposed at 10 foot as per the
requirements for the "T" District.
6. The design of all buildings complies with the Tourist District design
guidelines in Section 3-501 as applicable.
RESPONSE:
a) Density: The property is within the "T" District. The site's 1.6 acres
has a FLUP designation of RFH which allows for 50 overnight
accommodation units per acre. The 1.6 Acres would permit a
maximum of 80 units. We are requesting 100 OA units from the
hotel Density Reserve. The resultant 180 unit request results in an
overall density on the site of 113 DU/acre. The Beach by Design
guidelines allows for a maximum of 150 units per acre for projects that
obtain units from the hotel density reserve; therefore, the proposed
density is consistent with the development criteria set forth in Section
V.B.2 of the guidelines.
b) Height: The proposal provides for a building 140 feet in height as
measured from BFE where a height of up to 150 feet is permitted
where additional density is allocated to a development via the Hotel
Density Reserve as long as the subject property is located between
South Gulfview Boulevard and the Gulf of Mexico or on the west side
of Coronado Drive. The subject property is located on the west side of
Coronado Drive and the property was the recipient of density from the
Reserve. Therefore, the proposed height complies with the design
guidelines.
c) Design, Scale and Mass of Building:
1. Buildings with a footprint of greater than 5000 square
feet or a single dimension of greater than one hundred (100) feet
will be constructed so that no more than two (2) of the three (3)
building dimensions in the vertical or horizontal planes are equal
in length. For this purpose, equal in length means that the two
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PARCEL A (2014
lengths vary by less than forty (40%) of the shorter of the finro (2)
lengths. The horizontal plan measurements relate to the footprint
of the building.
RESPONSE
See attached Beach by Design Compliance Sheet. Attachment E.
2. No plane of a building may continue uninterrupted for
greater than one hundred linear feet (100'). For the purpose of
this standard, interrupted means an offset of greater than five feet
(5').
RESPONSE
See attached Beach by Design Compliance Sheet. Attachment E.
3. At least sixty percent (60%) of any elevation will be
covered with windows or architectural decoration. For the
purpose of this standard, an elevation is that portion of a building
that is visible from a particular point outside the parcel proposed
for development.
RESPONSE
See attached Beach by Design Compliance Sheet. Attachment E.
4. No more than sixty percent (60%) of the theoretical
maximum building envelope located above forty-five feet (45') will
be occupied by a building. However, in those instances where an
overnight accommodations use on less than 2.0 acres that has
been allocated additional density via the Hotel Density Reserve,
no more than seventy-five percent (75%) of the theoretical
maximum building envelope located above forty-five feet (45')
may be occupied by a building unless the property is located
between Gulfview Boulevard and the Gulf of Mexico, then no
more than 70% may be occupied by a building.
RESPONSE
See attached Beach by Design Compliance Sheet. Attachment E.
5. The height and mass of buildings will be correlated to:
(1) the dimensional aspects of the parcel of the parcel proposed
for development and (2) adjacent public spaces such as streets
and parks.
RESPONSE
The building height is maintained at less than 150-feet to provide a
buffer between the 150-foot tall buildings along South Gulfview and the
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PARCEL A I 2014
proposed buildings to the east. The height and mass of the building
meet the design standards of Beach by Design. The mass of the
building allows for landscape buffer areas as well as an enhanced
landscape and hardscape area
See attached Beach by Design Compliance Sheet. Attachment E.
6. Buildings may be designed for a vertical or horizontal
mix of permitting uses.
RESPONSE:
The building will be designed to provide a mixed use of hotel,
restaurant, retail and convention center space.
d) Setbacks: The building is set back a minimum of 15 +/- feet from
Coronado Drive pavement and 127 +/- feet from Gulf View Boulevard
pavement.
7. Lot area and/or width: The reduction shall not result in a building
which is out of scale with existing buildings in the immediate vicinity.
RESPONSE:
N/A project lot area and width complies with code.
8. The parcel proposed for development shall, if located within the
Coastal Storm Area, have a hurricane evacuation plan requiring the use
close when a hurricane watch is posted.
RESPONSE:
The development agreement will include the hurricane evacuation plan.
9. A development agreement must be approved by the City Council......
RESPONSE:
A development agreement is being prepared will be processed with the
City Attorney to meet requirement a through c.
5
Attachment E
Beach by Design Criteria
PARCEL "A"
A. Density:
PARCEL A I 2014
DESIGN RESPONSE:
The property is entirely within the "T" District. The project maintains an
overnight accommodation density of 50 units per acre based on a 1.60 acres
parcel plus 100 additional units are being requested from the Hotel Density
Reserve via a development agreement. The total number of units proposed for
overnight accommodations is 180.
B. Height & Separation:
1. Heiqht:
The proposal provides for a building 140 feet in height as measured from
BFE where a height of up to 150 feet is permitted where additional density is
allocated to a development via the Hotel Density Reserve as long as the subject
property is located between South Gulfview Boulevard and the Gulf of Mexico or
on the west side of Coronado Drive. The subject property is located on the west
side of Coronado Drive and the property was the recipient of density from the
Reserve.
2. Separation:
The Hyatt Hotel, to the north of the property is over 100 feet in height.
Proposed building is 140 feet approximately 300 feet from the Hyatt Towers.
Additionally The Hyatt is the only building within 500 feet that is over 100 feet tall.
The new Adams Mark site to the south is slated to be over 100feet and is
approximately 900 feet from the site. The proposed Wyndham property to the
north is within the 800 foot distance parameter but is over 500 feet from our
proposed building. Therefore, per the currently planned and approved buildings
in the vicinity, there will be no more than two structures over 100 feet in height
within 500 feet and there will be no more than four structures over 100 feet tall
within the 800 feet.
3. Floor plate:
a. Between 45 feet in height and 100' there is no part of the floorplate that
exceeds 25, 000 square feet.
b. The floorplate above 100 feet is 11, 500 SF. This exceeds the 10, 000
square foot guideline however,
c. The mass and sca/e of the design creates a stepped and tiered effect and
the maximum building envelope above 45 feet is 21.24% volumetrically and 13%
graphically; significantly below the 75% allowance for buildings with units
allocated from the Hotel Pool.
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PARCEL A I 2014
C. Design, Scale and Mass of Building:
1. Buildings with a footprint of greater than 5000 square feet or a single
dimension of greater than one hundred (100) feet will be constructed so
that no more than two (2) of the three (3) building dimensions in the vertical
or horizontal planes are equal in length. For this purpose, equal in length
means that the two lengths vary by less than forty (40%) of the shorter of
the two (2) lengths. The horizontal plan measurements relate to the
footprint of the building.
DESIGN RESPONSE:
Given the massing of the building, the various steppings, and the tower
placed in the approximate center of the base, no two building dimensions are
equal in length.
2. No plane of a building may continue uninterrupted for greater than
one hundred linear feet (100'). For the purpose of this standard,
interrupted means an offset of greater than five feet (5').
DESIGN RESPONSE:
As demonstrated on the design drawings, each of the building facades will
provide offsets greater than or equal to this requirement.
3. At least sixty percent (60%) of any elevation will be covered with
windows or architectural decoration. For the purpose of this standard, an
elevation is that portion of a building that is visible from a particular point
outside the parcel proposed for development.
DESIGN RESPONSE:
As demonstrated in this application, this design proposes large fields of
glazing, balconies, and stepped articulation on all facades providing for greater
than 60% articulation on each of the facades.
4. No more than sixty percent (60%) of the theoretical maximum
building envelope located above forty-five feet (45') will be occupied by a
building. However, in those instances where an overnight accommodations
use on less than 2.0 acres that has been allocated additional density via the
Hotel Density Reserve, no more than seventy-five percent (75%) of the
theoretical maximum building envelope located above forty-five feet (45')
may be occupied by a building unless the property is located between
Gulfview Boulevard and the Gulf of Mexico, then no more than 70% may be
occupied by a building.
DESIGN RESPONSE:
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PARCEL A I 2014
As per the provided calculations the overal/ building mass between 45 feet
and 150 feet constitutes 21 % volumetrical/y and 13% graphically of the
theoretical maximum building envelope.
5. The height and mass of buildings will be correlated to: (1) the
dimensional aspects of the parcel of the parcel proposed for development
and (2) adjacent public spaces such as streets and parks.
DES/GN RESPONSE:
The design proposes a tower set on a parking base or podium. The tower
is to be massed in the approximate center of the site between Coronado Drive
and Beach Walk with the parking podium varying in height between one story
and 4 stories. Along Coronado Drive the building is set back 15 feet and also
steps back the requisite additional 15 feet at a height of 25 feet. Along Coronado
Drive most of the building consists of the single story elevated entry plaza and
the remaining portions is the four story mass of the garages and meeting room
levels. Approximately 75% of the building is stepped back the 15 feet, along this
fa�ade. On the west, Beach Walk, side, a 0 foot setback is proposed. This
setback aligns with the Hyatt and the City parking garage to the north. Along the
west fa�ade approximately 50% of the building is the single story entry plaza and
the remainder of the building is a 2"d story covered terrace, connecting to the
entry plaza two levels of parking, and the 5t`' floor pool terrace with an infinity
edge pool, overlooking the Gulf. The bulk of the building is placed to the north
and adjoins the City parking garage, and the building at the south is primarily the
entry plaza with a narrow face of the fower. Beyond the design's sensitivity to
the adjacent neighbors, Coronado Drive and Beach Walk, the design provides for
a 90 foot wide by three story opening in the base of the tower to allow vistas
through the site, visually and physically connecting street and buildings to the
east with the beach and Gulf to the west.
6. Buildings may be designed for a vertical or horizontal mix of
permitting uses.
DES/GN RESPONSE:
The building will be designed to provide ovemight accommodations and a
mix of other associated uses as intended in Beach by Design.
Setbacks 8� Stepbacks:
1. Rights-of-way.
The area between the building and the edge of the pavement as existing and
planned should be sufficiently wide to create a pedestrian-friendly environment.
The distances from structures to the edge of the right-of-way should be:
DES/GN RESPONSE:
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PARCEL A I 2014
a) Fifteen feet (15) along arterials, and (Proposed 15 foot on Coronado Drive
for an enclosed parking garage)
2. Side and Rear Setbacks
Except for the setbacks set forth above, no side or rear setback lines are
recommended, except as may be required to comply with the City's Fire Code.
DESIGN RESPONSE:
10 foot setbacks are proposed for the side yards that because of the
skewed property lines actually vary from a minimum of 10 to 15 feet. The design
proposes a 0 foot setback to the west property line; however the west property
line is a significant distance from Gulf view Boulevard and flanks the Beach Walk
promenade. As stated above, the west building face is designed to align with the
two properties to the north, providing continuity to the pedestrian experience
along the promenade.
3. Coronado Drive Setbacks and Stepbacks.
To reduce upper story massing along the street and ensure a human scale street
environment, buildings using the hotel density reserve along Coronado Drive
shall be constructed in accordance with the following:
a. Buildings constructed with a front setback of fifteen feet (15') or more
shall stepback with a minimum depth of fifteen feet (15') from the setback
line at a height not more than twenty-five feet (25').
DESIGN RESPONSE:
The design proposes a 15 foot setback along Coronado Drive and 75% of
the building steps back the additional 15 feet at or below the 25' height.
b. Buildings constructed with a front setback greater than or equal to ten feet
(10') and less than fifteen feet (15') shall stepback at a height not more than
twenty feet (20'). The required stepback/ setback ratio is one and one-half
feet (1.5') for every one foot (1') reduction in setback in addition to the
minimum stepback of fifteen feet (15').
DESIGN RESPONSE:
N/A
c. Buildings constructed with a front setback of less than ten feet (10') shall
provide a building stepback required stepback/ setback ratio is two and one-
half feet (2.5') for every one foot (1') reduction in setback in addition to the
minimum stepback of fifteen feet (15').
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DESIGN RESPONSE:
N/A
d. To achieve upper story facade variety and articulation, additional stepbacks
may be required.
To avoid a monotonous streetscape, a building shall not replicate the
stepback configuration of the neighboring buildings including those across
rig hts-of-way.
DESIGN RESPONSE:
Currently along Coronado Drive, this design is the only project to propose
the required stebacks and stepbacks. Both the Hyatt and City Garage are
massed at their full heights along Coronado Drive.
e. Required stepbacks shall span a minimum of 75%
of the building frontage width.
DESIGN RESPONSE:
The design provides for the required 75% stepback building frontage.
E. Street-Level Facades
The human scale and aesthetic appeal of street-level
facades, and their relationship to the sidewalk, are essential to a
pedestrian-friendly environment. Accordingly:
1. at least sixty percent (60%) of the street level facades of
buildings used for nonresidential purposes which abut a
public street or pedestrian access way, will be transparent.
For the purpose of this standard:
a) street level facade means that portion of a building
facade from ground level to a height of twelve feet
�12�)
DESIGN RESPONSE:
The proposed design is open for the required minimum 60%.
b) transparent means windows or doors that allow
pedestrians to see into:
the building, or
ii. landscaped or hardscaped courtyard or plazas,
where street level facades are set back at least
fifteen feet (15') from the edge of the sidewalk
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PARCEL A I 2014
and the area between the sidewalk and the
facade is a landscaped or hardscaped courtyard
DESIGN RESPONSE:
In addition to the required openings, the building is stepped back from a
minimum of 15 feet to over 20 feet; thereby the street level fa�ade is 100% open,
per the above definifion b ii.
c) parking structures should utilize architectural
details and design elements such a false recessed
windows, arches, planter boxes, metal grillwork,
etc. instead of transparent alternatives. When a
parking garage abuts a public road or other public
place, it will be designed such that the function of
the building is not readily apparent except at points
of ingress and egress.
DESIGN RESPONSE:
The vehicles are shielded from view of pedestrians along Gulfview and
Coronado Drive and the garage openings are articulated and blended into the
overall building design. This parking structure follows some of the design
parameters of the adjacent new City parking garage and recently completed
Hyatt Hotel.
2. Window coverings, and other opaque materials may cover
no more than 10% of the area of any street-level window
in a nonresidential building that fronts on a public right-of way.
DESIGN RESPONSE:
N/A
3. Building entrances should be aesthetically inviting and
easily identified. Goods for sale will not be displayed outside of a building, except
as a permitted temporary use. This standard does not
apply to outdoor food service establishments.
DESIGN RESPONSE:
N/A
4. Awnings and other structures that offer pedestrians cover
from the elements are recommended. Awnings help define
entryways and provide storefront identity to both
pedestrians and drivers.
DESIGN RESPONSE:
N/A
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F. Parking Areas
To create a well-defined and aesthetically appealing street
boundary, all parking areas will be separated from public rights of
way by a landscaped decorative wall, fence or other opaque
landscape treatment of not less than three feet (3') and not more
than three and one-half feet (3'/2') in height. Surface parking areas
that are visible from public streets or other public places will be
landscaped such that the parking areas are defined more by their
landscaping materials than their paved areas when viewed from
adjacent property. The use of shade trees is encouraged in parking lots.
However, care should be taken to choose trees that do not drop excessive
amounts of leaves, flowers, or seeds on the vehicles below. Entrances to parking
areas should be clearly marked in order to avoid confusion and minimize
automobile-pedestrian
conflicts. Attractive signage and changes to the texture of the road (such as
pavers) are recommended. When a parking garage abuts a public road or other
public place, it will be designed such that the function of the building is
not readily apparent except at points of ingress and egress.
DESIGN RESPONSE:
Vehicles are shielded on both the east and west public frontages.
G. Signage
Signage is an important contributor to the overall character
of a place. However, few general rules apply to signage.
Generally, signage should be creative, unique, simple, and
discrete. Blade signs, banners and sandwich boards should not be
discouraged, but signs placed on the sidewalk should not obstruct
pedestrian traffic.
DESIGN RESPONSE:
N/A
H. Sidewalks
Sidewalks along arterials and retail streets should be at
least ten feet (10') in width. All sidewalks along arterials and
retail streets will be landscaped with palm trees, spaced to a
maximum of thirty-five feet (35') on centers, with "clear grey" of
not less than eight feet (8'). Acceptable palm trees include sabal
palms (sabal palmetto), medjool palms (phoenix dactylifera
`medjool'), and canary island date palms (phoenix canariensis).
Sidewalks along side streets will be landscaped with palms (clear
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1.
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PARCEL A I 2014
trunk of not less than eight feet (8')) or shade trees, spaced at
maximum intervals of thirty-five feet (35') on centers.
Portions of required sidewalks may be improved for nonpedestrian
purposes including outdoor dining and landscape material, provided that:
movement of pedestrians along the sidewalk is not
obstructed; and
non-pedestrian improvements and uses are located on the
street side of the sidewalk. Distinctive paving patterns should be used to
separate
permanent sidewalk cafe improvements from the pedestrian space on the
sidewalk. To enhance pedestrian safety and calm traffic, distinctive paving
should also be used to mark crosswalks.
DESIGN RESPONSE:
Proposed sidewalks will have at a minimum four different paver styles as
well as concrefe to separate the cafe and plaza areas.
I. Street Furniture and Bicycle Racks
Street furniture, including benches and trash receptacles
should be liberally placed along the sidewalks, at intervals no
greater than thirty linear feet (30') of sidewalk. Bicycle racks
should also be provided, especially near popular destinations, to
promote transportation alternatives. Complicated bicycle rack
systems should be avoided. The placement of street furniture and
bicycle racks should not interrupt pedestrian traffic on the
sidewalk.
DESIGN RESPONSE:
Street Benches and trash receptacles area proposed along Coronado
Drive.
J. Street Lighting
Street lighting should respond to the pedestrian-oriented
nature of a tourist destination. In this context, it should balance
the functional with the attractive — providing adequate light to
vehicular traffic, while simultaneously creating intimate spaces
along the sidewalks. Clearwater's historic lighting is an attractive,
single-globe fixture atop a cast-iron pole.
DESIGN RESPONSE:
N/A
K. Fountains
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PARCEL A 12014
Fountains provide attractive focal points to public spaces
and add natural elements to urban environments. They should be
interesting, engaging and unique. While it is important not to
overburden architectural creativity regarding fountains, they
should meet at least the following standards in order to be a
functional and attractive component of the public space:
1. They should be supplemented with street furniture such as
benches and trash receptacles, and
2. They should have rims that are:
a. Tall enough to limit unsupervised access by small
children, and
b. Wide enough to permit seating.
Fountains should be encouraged in landscaped and
hardscaped courtyards and plazas.
DESIGN RESPONSE:
N/A All proposed sidewalks are 10 feet wide or greater.
L. Materials and Colors
1. Facades
Finish materials and building colors will reflect Florida or
coastal vernacular themes. All awnings should contain at
least three (3) distinct colors. Bright colors will be limited
to trims and other accents. Glass curtain walls are prohibited.
DESIGN RESPONSE:
The proposed design complies with the Beach by Design guidelines and
proposes a palate of white finished building walls, blue/gray glazing, and a
variety of coastal colored fixtures and furnishings.
2. Sidewalks
Sidewalks will be constructed of:
a. Pavers;
b. Patterned, distressed, or special aggregate concrete;
or
c. Other finished treatment that distinguishes the
sidewalks from typical suburban concrete sidewalks.
Materials should be chosen to minimize the cost and complexity
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PARCEL A I 2014
of maintenance.
DESIGN RESPONSE:
Proposed sidewalks will have at a minimum four different paver styles as
well as concrete.
3. Street Furniture
Street furniture will be constructed of low-maintenance
materials, and will be in a color that is compatible with its
surroundings.
DESIGN RESPONSE:
N/A.
4. Color Palette
A recommended palette for building colors is presented
on the following page.
DESIGN RESPONSE:
The design incorporates colors from the BbD pallatte.
10
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HOTEL DENSITY FSERVE DEVFLOPMENT AGREEMENT
THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
("Agreement") is dated the day of , 2014, and entered into
between MAINSTREAM PARTNERS VIII, LTD. ("Developer"), its successors and
assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the
State of Florida acting through its City Council, the governing body thereof ("City").
RECITALS:
WHEREAS, one of the major elements of the City's revitalization effort is a
special area plan for the revitalization of Clearwater Beach adopted under the provisions
of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled
Beach by Design; and
WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local
Government Development Agreement Act ("Act"), authorize the City to enter into
binding development agreements with persons having a legal or equitable interest in real
property located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-
606 of the City of Clearwater Community Development Code ("Code"), establishing
procedures and requirements to consider and enter into development agreements; and
WHEREAS, Beach by Design proposed the development of hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community, and further provided for a limited pool of additional hotel units
("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer owns 1.6 acres of real property ("Property") in the
corporate limits of the City, more particularly described on Exhibit "A" attached hereto
and incorporated herein; and
WHEREAS, the Developer desires to develop the Property by demolishing
existing hotel rooms and other uses in order to construct One Hundred Eighty (180)
overnight accommodation units, meeting space for guest use, pool, new lobby and parking
with parking spaces, generally conforming to the architectural elevation dimensions
shown in composite Exhibit "B"; and
WHEREAS, the Property has not previously acquired density from the Destination
Resort Density Pool; and
WHEREAS, upon completion the planned resort will contain 180 overnight
accommodation units, which includes 100 units from the available Hotel Density Reserve
("Reserve Units"); and
~ M
WHEREAS, the City has conducted such public hearings as are required by and in
accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and
any other applicable law; and
WHEREAS, the City has determined that, as of the date of this Agreement, the
proposed project is consistent with the City's Comprehensive Plan and Land Development
Regulations; and
WHEREAS, at a duly noticed and convened public meeting on
, 2014, the City Council approved this Agreement and
authorized and directed its execution by the appropriate officials of the City; and
WHEREAS, approval of this Agreement is in the interests of the City in
furtherance of the City's goals of enhancing the viability of the resort community and in
furtherance of the objectives of Beach by Design; and
WHEREAS, Developer has approved this Agreement and has duly authorized
certain individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and in
accordance with the Act and Code, agree as follows:
SECTION 1. Re i als. The above recitals are true and correct and are a part of
this Agreement.
SECTION 2. Incornoration of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as of
the date of this Agreement are incorporated herein by this reference and made a part of
this Agreement. Words used in this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in the Act.
SECTION 3. Pronertv Subject to this A�reement. The Property described in
Exhibit "A" is subject to this Agreement ("Property").
3.1 The Property currently has a land use designation of Resort Facilities High
and is zoned Tourist (T).
3.2. The Property is owned in fee simple or under contract to be owned in fee
simple by the Developer.
3.3 The Property is generally located at 325 S. Gulfview Blvd., and 326
Coronado Drive, Clearwater, FL 33767, as further described in Exhibit "A".
�
SECTION 4. Scone of Project.
4.1 The Project shall consist of 180 overnight accommodation units. Of the
180 overnight accommodation units, 100 units shall be from the Hotel Density Reserve.
4.2 The Project shall include a minimum of 216 parking spaces, as defined in
the Code.
4.3 The design of the Project, as represented in Exhibit "B", is consistent with
Beach by Design.
4.4 The density of the Project shall be 113 units per acre. In no instance shall
the density of a parcel of land exceed 150 units per acre. The height of the Project shall be
140 feet measured from Base Flood Elevation, as defined in the Code. The maximum
building heights of the various character districts cannot be increased to accommodate
hotel rooms allocated from the Hotel Density Reserve.
SECTION 5. Effective Date/Duration of this Agreement.
5.1 This Agreement shall not be effective until this Agreement is properly
recorded in the public records of Pinellas County, Florida pursuant to Florida Statutes
Section 163.3239 and Code Section 4-606.
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Developer shall pay the cost of such recording. The City shall
submit to the Department of Economic Opportunity a copy of the recorded Agreement
within fourteen (14) days after the Agreement is recorded.
5.3 This Agreement shall continue in effect for ten (10) years unless earlier
terminated as set forth herein.
SECTION 6. Obli�ations under this Agreement.
6.1 Obligations of the Developer:
6.1.1 The obligations under this Agreement shall be binding upon and the
benefits of this Agreement shall inure to the Developer, its successors in interests ar
assigns.
6.1.2 At the time of development of the Property, the Developer will
submit such applications and documentation as are required by law and shall comply with
the Code applicable at the time of building permit review.
Property:
6.1.3 The following restrictions shall apply to development of the
�
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6.1.3.1 To retain the grant of Reserve Units provided for herein,
the Property and improvements located thereon shall be developed in
substantial conformance with the Conceptual Site Plan attached as Exhibit
"B". Any modifications determined by the Planning Director as either
inconsistent with attached Exhibit "B" or constituting a substantial
deviation from attached Exhibit "B" shall require an amendment to this
Agreement in accordance with the procedures of the Act and the Code, as
necessary and applicable. Any and all such approved and adopted
amendments shall be recorded in the public records of Pinellas County,
Florida.
6.1.3.2 The Developer shall obtain appropriate site plan approval
pursuant to a Level One or Level Two development application within one
(1) year from the effective date of this Agreement in accordance with the
provisions of the Code, and shall then obtain appropriate permits and
certificates of occupancy in accordance with the provisions of the Code.
Nothing herein shall restrict Developer from seeking an extension of site
plan approval or other development orders pursuant to the Code or state
law. In the event that work is not commenced pursuant to issued permits,
or certificates of occupancy are not timely issued, the City may deny future
development approvals and/or certificates of occupancy for the Project,
and may terminate this Agreement in accordance with Section 10.
6.1.3.3 The Developer shall execute, prior to commencement of
construction, a mandatory evacuation/closure covenant, substantially in the
form of Exhibit "C", stating that the accommodation use will close as soon
as practicable after a hurricane watch that includes Clearwater Beach is
posted by the National Hurricane Center.
6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit
for the Project, the Developer hereby agrees to execute the covenant of unified use and
development for the Project Site providing that the Project Site shall be developed and
used as a single project, the form of which covenant is attached as Exhibit "D"; provided
however, that nothing shall preclude the Developer from selling all or a portion of the
Developer's Property in the event that Developer determines not to construct the Project.
It is understood and agreed that, in the event that the Developer enters into the anticipated
covenant of unified use and development, and the Developer elects not to construct the
Project and notifies the City of its election in writing, and, alternatively, as of the date of
expiration, termination or revocation no rights of Developer remain or will be exercised to
incorporate the Hotel Density Reserve Units into the Project, the City shall execute and
deliver to the Developer a termination of such covenant of unified use and development
suitable for recording in the Public Records of Pinellas County, Florida.
6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer
not timely constructed in conjunction with the Project shall be returned to the Hotel
Density Reserve and be unavailable to Developer for use on the Project.
�
6.1.6 Transient Use. A reservation system shall be required as an integral part of
the hotel use and there shall be a lobby/front desk area that must be operated as a typical
lobby/front desk area for a hotel would be operated. Access to overnight accommodation
units must be provided through a lobby and internal corridor. All units in the hotel shall
be made available to the public as overnight transient hotel guests at all times through the
required hotel reservation system. Occupancy in the hotel is limited to a term of less than
one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel
shall not be used as a primary or permanent residence.
6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that
term is used in the definition of "dwelling unit" in the Code.
6.1.8 Ins�ection of Records. Developer shall make available for inspection to
authorized representatives of the City its books and records pertaining to each Hotel
Density Reserve unit upon reasonable notice to confirm compliance with these regulations
as allowed by general law.
6.1.9 Compliance with Design Guidelines. The Developer agrees to comply
with the Design Guidelines as set forth in Section VII. of Beach by Design.
6.2 Obligations of the Citv.
6.2.1 The City shall promptly process site and construction plan
applications for the Property that are consistent with the Comprehensive Plan and
the Concept Plan and that meet the requirements of the Code.
6.2.2 The final effectiveness of the applications referenced in Section
6.2.1 is subject to:
6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as
they may govern such amendments; and
6.2.2.2 The expiration of any appeal periods or, if an appeal is iiled,
at the conclusion of such appeal.
6.23 Upon adoption of this Agreement, the Project shall receive 100
units from the Hotel Density Reserve as defined in Beach by Design, contingent
upon the provisions of Section 6.1.5.
6.2.4 The City shall vacate Sth Street from the easterly to the westerly lot
line of the Property conditioned upon submission of a complete set of building
plans for construction of the improvements shown on Exhibit B.
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SECTION 7. P»hlic Facilities to Service Develonment. The following public
facilities are presently available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrency ordinance provisions
applicable at the time of development approval. The requirements for concurrency as set
forth in Article 4, Division 9, of the Code, have been satisfied.
7.1 Potable water is available from the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
7.4 Drainage facilities for the Property will be provided by the Developer at
the Developer's sole expense.
7.5 The Project shall comply with the Metropolitan Planning Organization's
[MPO] or its successor's countywide approach to the application of concurrency
management for transportation facilities, and the transportation analysis conducted for the
Project shall include the following:
• Recognition of standard data sources as established by the MPO;
• Identification of level of service (LOS) standards for state and county roads as
established by the MPO;
• Utilization of proportional fair-share requirements consistent with Florida
Statutes and the MPO model ordinance;
• Utilization of the MPO Traffic Impact Study Methodology; and
• Recognition of the MPO designation of "Constrained Facilities" as set forth in
the most current MPO Annual Level of Service Report.
7.6 All improvements associated with the public facilities identified in
Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of
occupancy.
7.7 Developer agrees to provide a cashier's check, a payment and performance
bond, or letter of credit in the amount of 115% of the estimated costs of the public
facilities and services, to be deposited with the City to secure construction of any new
public facilities and services required to be constructed by this Agreement. Such
construction shall be completed priar to issuance of a Certificate of Occupancy for the
Project.
SECTION 8. Rg�uired Local Government Annrovals. The required local
government development approvals for development of the Property include, without
limitation, the following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-
way utilization permits;
8.2 Construction plan approval(s);
8.3 Building permit(s);
8.4 Certificate(s) of occupancy; and
8.5 Vacation of the Gulfview right of way adjacent to the westerly lot line of
the Property.
SECTION 9. Findin� of Consistency. The City finds that development of the
Property is consistent with the terms this Agreement is consistent with the City
Comprehensive Plan and the Code.
SECTION 10. Termination. If the Developer's obligations set forth in this
Agreement are not followed in a timely manner, as reasonably determined by the City
Manager, after notice to the Developer and an opportunity to be heard, existing permits
shall be administratively suspended and issuance of new permits suspended until the
Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as
a basis for termination of this Agreement by the City, at the discretion of the City and
after notice to the Developer and an opportunity for the Developer to be heard.
SECTION 11. Other Terms and Conditions. Except in the case of termination,
until ten (10) years after the date of this Agreement, the City may apply laws and policies
adopted subsequently to the Effective Date of this Agreement if the City has held a public
hearing and determined:
(a) They are not in conflict with the laws and policies governing the
Agreement and do not prevent development of the land uses,
intensities, or densities in the Agreement;
(b) They are essential to the public health, safety, or welfare, and expressly
state that they shall apply to a development that is subject to a
development agreement;
(c) They are specifically anticipated and provided for in this Agreement;
(d) The City demonstrates that substantial changes have occurred in
pertinent conditions existing at the time of approval of this Agreement;
or
(e) This Agreement is based on substantially inaccurate information
provided by the Developer
SECTION 12. Comnliance with Law. The failure of this Agreement to address
any particular permit, condition, term or restriction shall not relieve the Developer from
the necessity of complying with the law governing such permitting requirements,
conditions, terms or restrictions.
SECTION 13. Notices. Notices and communications required ar desired to be given
under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail, return
receipt requested, addressed as follows (copies as provided below shall be required for
proper notice to be given):
If to the Developer: Mainstream Partners VIII, LTD.
10165 NW 19th Street
Miami, FL 33172-2529
With Copy to: Mr. Antonio Fernandez
Mainstream Partners VIII, LTD.
2552 22°d Ave. N.
St. Petersburg, FL 33713
If to City: City of Clearwater, City Attorney
ATTN: Pamela Akin, Esq.
112 South Osceola Avenue
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the third (3`d) day following
deposit in the United States mail, certified mail, return receipt requested. The parties may
change the addresses set forth above (including the addition of a mortgagee to receive
copies of all notices), by notice in accordance with this Section.
SECTION 14. Assi�nments.
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations
in and to the Project, or any part thereof, only with the priar written notice to the
City, provided that such party (hereinafter referred to as the "assignee"), to the
extent of the sale, conveyance, assignment or other disposition by the Developer to
the assignee, shall be bound by the terms of this Agreement the same as the
Developer for such part of the Project as is subject to such sale, conveyance,
assignment or other disposition.
14.1.2 If the assignee of the Developer's right, title, interest and
obligations in and to the Project, or any part thereof assumes all of the Developer's
obligations hereunder for the Project, or that part subject to such sale, conveyance,
assignment or other disposition, then the Developer shall be released from all such
obligations hereunder which have been so assumed by the assignee, and the City
agrees to execute an instrument evidencing such release, which shall be in
recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, limited liability company, general
partnership, or joint venture, in which the Developer (or an entity under common
control with Developer) has either the controlling interest ar through a joint
venture or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an assignment
or transfer subject to any restriction on or approvals of assignments or transfers
imposed by this Agreement, provided, however, that notice of such assignment
shall be given by the Developer to the City not less than thirty (30) days prior to
such assignment being effective and the assignee shall be bound by the terms of
this Agreement to the same extent as would the Developer in the absence of such
assignment.
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of
the Developer's rights and obligations with respect to any one Parcel shall in any
way be obligated or responsible for any of the Developer's obligations with respect
to any other Parcel by virtue of this Agreement unless and until such assignee,
purchaser, sublessee or acquire has expressly assumed the Developer's such other
obligations.
142 Successors and Assigns. The terms herein contained shall bind and inure to
the beneiit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specifically provided herein.
SECTION 15. Minor Non-Comg,liance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such noncompliance,
in the judgment of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. C'nv nant of Cooneration. The parties shall cooperate with and
deal with each other in good faith and assist each other in the performance of the
provisions of this Agreement and in achieving the completion of development of the
Property.
SECTION 17. Annrovals. Whenever an approval or consent is required under ar
contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. C'`Lnletion of Agreement. Upon the completion of performance
of this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded in
the official records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not deiine or limit the scope
or intent and should not be used in the interpretation of any section, subsection or
provision of this Agreement. Whenever the context requires or permits, the singular shall
include the plural, and plural shall include the singular and any reference in this
Agreement to the Developer includes the Developer's successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon
draftsmanship. If any term or provision of this Agreement is susceptible to more than one
interpretation, one or more of which render it valid and enforceable, and one or more of
which would render it invalid or unenforceable, such term or provision shall be construed
in a manner that would render it valid and enforceable.
SECTION 21. Partial Invaliditv. If any term or provision of this Agreement or
the application thereof to any person or circumstance is declared invalid or unenforceable,
the remainder of this Agreement, including any valid portion of the invalid term or
provision and the application of such invalid term or provision to circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby and
shall with the remainder of this Agreement continue unmodified and in full force and
effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the
extent that the purpose of this Agreement or the benefits sought to be received hereunder
are frustrated, such party shall have the right to terminate this Agreement upon fifteen
(15) days written notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes
of the City which are of general application not governing the development of land shall
be applicable to the Property, and such modifications are specifically anticipated in this
Agreement.
SECTION 23. Governin� Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida.
SECTION 24. Countergarts. This Agreement may be executed in counterparts,
all of which together shall continue one and the same instrument.
SECTION 25. Amendment. This Agreement may be amended by mutual
written consent of the City and the Developer so long as the amendment meets the
requirements of the Act, applicable City ordinances, and Florida law.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the
date and year first above written.
In the Presence of: MAINSTREAM PARTNERS VIII, LTD.,
a Florida limited partnership
Print Name
Print Name
As to "Developer"
Print Name:
Print Name
As to "City"
BY: MAINSTREAM GP, LLC,
its General Partner
BY: EDWARD W. EASTON & COMPANY,
INC., it Managing Member
li
Edward W. Easton, President
CITY OF CLEARWATER, FLORIDA
C
William B Home II,
City Manager
Attest:
Rosemarie Call, CMC, City Clerk
Countersigned:
George N. Cretekos, Mayor
Approved as to Form:
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing Declaration was acknowledged before me this day of
, 2013, by Edward W. Easton, as President of Edward W. Easton &
Company, Inc., a Florida corporation, the Managing Member of Mainstream GP, LLC, a
Florida limited liability company, as General Partner of Mainstream Partners VIII, a
Florida limited partnership, on behalf of the aforesaid entities. He is [] personally known
to me or has [] produced as identification.
Print:
Notary Public — State of Florida
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
, 2014, by WILLIAM B. HORNE, II, as City Manager of the
City of Clearwater, Florida, who is [ ] personally known to me or who has [ ]
produced as identification.
Print:
Notary Public — State of Florida
My Commission Expires:
PARCEL A I 2014
ATTACHMENT A
MAINSTREAM "A" LEGAL DESCRIPTION
DESCRIPTION: (AS PROVIDED BY CLIENT)
PROJECT AREA - PARCEL "A"
PARCEL 10: LOT 111 AND THE NORTHERLY 1/2 OF LOT 112, THE LLOYD-WHITE-
SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
PARCEL 11: THE SOUTHERLY 1/2 OF LOT 112 AND ALL OF LOTS 113, 114, 115, 116 AND
117, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA; AND LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD-WHITE-SKINNER
SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13,
PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
TOGETHER WITH THE FOLLOWING PROPOSED GULF VIEW BOULEVARD RIGHT-OF-WAY
VACATION:
THE EASTERLY 35.00 FEET OF THE GULF VIEW BOULEVARD RIGHT-OF-WAY (70.00
FEET TOTAL WIDTH PER PLAT), LOCATED ADJACENT TO THE WESTERLY LINE OF LOTS
63 THROUGH 66, INCLUSIVE, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
PROPOSED RiGHT-OF-WAY VACATION ADDED PER DIRECTION OF CLIENT.
CONTAINING 1.60 ACRES MORE OR LESS.
1
�
EXHIBIT "C"
COVENANT REGARDING HURRICANE EVACUATION
And DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is
made as of the day of , 2014, by MAINSTREAM PARTNERS
VIII, LTD., a Florida limited liability company ("Developer").
Developer is the owner of fee simple title to the real property described in Schedule 1
attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of
Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater
Beach as a Community Redevelopment District pursuant to the Pinellas County Planning
Council Rules in order to implement the provisions of Beach by Design, a plan for the
revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District (the
"Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the
development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel
Density Reserve Units is subject to compliance with a series of performance standards, including
a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall
be closed and all Guests evacuated from such hotels as soon as practicable after the National
Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such
evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a
hurricane evacuation would be expected in advance of the approach of hurricane force winds.
The City has granted, by City Council Resolution , passed and approved on
, 2014, Developer's application for Hotel Density Reserve Units pursuant to the
Designation, subject to Developer's compliance with the requirements of the Designation.
Developer desires for itself, and its successors and assigns, as owner, to establish certain rights,
duties, obligations and responsibilities with respect to the use and operation of the Real Property
in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units
to the City and the Designation, which rights, duties, obligations and responsibilities shall be
binding on any and all successors and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to
be observed and performed, and in further consideration of the allocation of Hotel Density
Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which
is hereby acknowledged, Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the
benefit of Developer and its successors and assigns and shall be enforceable by them and also for
the benefit of the residents of the City and shall be enforceable on behalf of said residents by the
City Council of the City.
2. Covenant of Develo�ment, Use and Operation. Developer hereby covenants and
agrees to the development, use and operation of the Real Property in accardance with the
provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as follows:
2.1.1 units, which is the number of hotel units allocated to Developer from
the Hotel Density Reserve, shall be used solely for transient occupancy of one
month or thirty (30) consecutive days or less, must be licensed as a public lodging
establishment and classified as a hotel, and must be operated by a single licensed
operator of the hotel. All other units shall be licensed as a public lodging
establishment. No unit shall be used as a primary or permanent residence.
Access to overnight accommodation units must be provided through a lobby and
internal corridor. A reservation system shall be required as an integral part of the
hotel use and there shall be a lobby/front desk area that must be operated as a
typical lobby/front desk area for a hotel would be operated. All hotel units shall
be required to be submitted to a rental program requiring all hotel units to be
available for members of the public as overnight hotel guests on a transient basis
at all times. No unit shall have a complete kitchen facility as that term is used in
the definition of "dwelling unit" in the Code. Developer shall make available for
inspection to authorized representatives of the City its books and records
pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm
compliance with these regulations as allowed by general law. The Developer
agrees to comply with the Design Guidelines as set forth in Section VII. of Beach
by Design.
2.1.2 As used herein, the terms "transient occupancy," "public lodging
establishment," "hotel", and "operator" shall have the meaning given to such
terms in Flarida Statutes Chapter 509, Part I.
2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real
Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the
National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel
guests, visitors and employees other than emergency and security personnel required to protect
the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said
hurricane watch. In the event that the National Hurricane Center shall modify the terminology
employed to warn of the approach of hurricane force winds, the closure and evacuation
provisions of this Declaration shall be governed by the level of warning employed by the
National Hurricane Center which precedes the issuance of a farecast of probable landfall in order
to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of
a forecast of probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of all
building permits required to build the project ("Project") and Developer's commencement of
construction of the Project, as evidence by a Notice of Commencement for the Project. This
Declaration shall expire and terminate automatically if and when the allocation of Reserve Units
to the Developer expires ar is terminated.
4 Governing Law. This Declaration shall be construed in accordance with and
governed by the laws of the State of Florida.
5 Recardin�. This Declaration shall be recorded in the chain of title of the Real
Property with the Clerk of the Courts of Pinellas County, Florida.
6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including
reasonable attorneys' fees, which are incurred by the City in the event that the City determines
that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City
obtains relief, whether by agreement of the parties or through order of a court of competent
jurisdiction.
7 Severability. If any provision, or part thereof, of this Declaration or the
application of this Declaration to any person or circumstance will be or is declared to any extent
to be invalid or unenforceable, the remainder of this Declaration, ar the application of such
provision or portion thereof to any person or circumstance, shall not be affected thereby, and
each and every other provision of this Declaration shall be valid and enforceable to the fullest
extent permitted by law.
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this
_ day of , 2014.
In the Presence of: MAINSTREAM PARTNERS VIII, LTD.,
a Florida limited partnership
By: MAINSTREAM GP, LLC,
its General Partner
By: EDWARD W. EASTON & COMPANY
INC., its Managing Member
By:
Print Name
Edward W. Easton, President
Print Name
As to "Developer"
�
CITY OF CLEARWATER, FLORIDA
C
Print Name:
City Manager
Print Name
As to "City"
Attest:
Rosemarie Call, CMC, City Clerk
Countersigned:
George N. Cretekos, Mayor
Approved as to Form:
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
William B Home II,
The foregoing Declaration was acknowledged before me this day of , 2014,
by Edward W. Easton, as President of Edward W. Easton & Company, Inc., a Florida
corporation, the Managing Member of Mainstream GP, LLC, a Florida limited liability company,
as General Partner of Mainstream Partners VIII, a Florida limited partnership, on behalf of the
aforesaid entities. He is [] personally known to me or has [] produced
as identification.
Print:
Notary Public — State of Florida
My Commission Expires:
�
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
, 2014, by WILLIAM B. HORNE, II, as City Manager of the City of
Clearwater, Flarida, who is [] personally known to me or who has [ ] produced
as identification.
My Commission Expires:
Print:
Notary Public — State of Florida
�
EXHIBIT "D"
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED DOCUMENT TO:
('�VENANT OF UNIFIED USE
THIS COVENANT OF LTNIFIED USE (the "Covenant") is executed this day of
, 2014, by ("Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on Schedule
"A" attached hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that
certain Hotel Density Reserve Development Agreement dated , 201_ (the
"Agreement"), pursuant to which the City has agreed that Developer may develop and construct
upon the Real Property a hotel project as described in the Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified
use, as more particularly described in this Covenant.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Developer does hereby agree that, effective as of the date on which Developer receives all
permits required to construct the Project and Developer commences construction thereof, as
evidenced by a Notice of Commencement for the Project, the Real Property shall be developed
and operated as a limited-service hotel project, as described in the Agreement. The restrictions
set forth in the preceding sentence shall expire automatically when and if Developer's allocation
of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this
Agreement shall require Developer to develop the Project or restrict Developer's ability to sell,
assign, transfer or otherwise convey its right in and to the Real Property or any portion or
portions thereof to unrelated third-parties. Developer agrees that the City shall have the right to
enforce the terms and conditions of this Agreement.
Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel
operator.
LTD.,
IN WITNESS WHEREOF, Developer has caused this Agreement to be executed
this day of , 2014.
In the Presence of:
Print Name
Print Name
As to "Developer"
FLORIDA
Print Name:
Print Name
As to "City"
MAINSTREAM PARTNERS VIII,
a Florida limited partnership
By: MAINSTREAM GP, LLC,
its General Partner
By: EDWARD W. EASTON &
COMPANY,
INC., its Managing Member
:
Edward W. Easton, President
CITY OF CLEARWATER,
:
William B Home II,
City Manager
Attest:
Rosemarie Call, CMC, City Clerk
Countersigned:
Gearge N. Cretekos, Mayor
�
�
Approved as to Form:
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing Declaration was acknowledged before me this day of
, 2014, by Edward W. Easton, as President of Edward W. Easton &
Company, Inc., a Florida corporation, the Managing Member of Mainstream GP, LLC, a
Florida limited liability company, as General Partner of Mainstream Partners VIII, a
Florida limited partnership, on behalf of the aforesaid entities. He is [] personally known
to me ar has [] produced as identification.
Print:
Notary Public — State of Florida
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
, 2014, by WILLIAM B. HORNE, II, as City Manager of the
City of Clearwater, Florida, who is [ ) personally known to me or who has [ ]
produced as identification.
Print:
Notary Public — State of Florida
My Commission Expires
SHEDULE A
THE NORTHERLY 80.00 FEET OF LOTS 8, AND 9, COLUMBIA SUBDIVISION NO. 3,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27, PAGE 46,
OF
THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
THE NORTHERLY 80.00 FEET OF LOTS 12 AND 13, BLOCK A, COLUMBIA SUB. NO.
2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 79,
OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
LOT 111 AND THE NORTHERLY 1/2 OF LOT 112, THE LLOYD-WHITE-SKINNER
SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
13,
PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
THE SOUTHERLY 1/2 OF LOT 112 AND ALL OF LOTS 113, 114, 115, 116 AND 117,
THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF
AS
RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA; AND LOTS 63 THROUGH 66, INCLUSIVE, THE
LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
THE EASTERLY 35.00 FEET OF GULF VIEW BOULEVARD - PLAT (GULFVIEW BLVD.-
FIELD, 70.00 FOOT RIGHT OF WAY, PER PLAT), ADJOINING LOTS 63 THROUGH 66,
LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
CONTAINING 87,337.7 SQUARE FEET / 2.00 ACRES MORE OR LESS.
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