HDA2013-08005 (2)� 3
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HDA2013-08005
1
Mainstream Partr,ers VII�, velopment Department
' Clearwater Zoning: 7ourist LTD Parcel g
Atlas #: 278q �ensity Reserve
DevelopmC��.. � _a .ient Application
IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, OECEPTIVE,
INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION.
ALL APPLiCATIONS ARE TO BE fILLED OUT COMPLETELY AND CORRECTIY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES)
TQ THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE.
A TOTAI OF 15 COMPLETE SETS OF PLANS ANO APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES) AS REQUIRED WITHIN
ARE TO BE SUBMITTED FOR INITIAL REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT REVIEW BY THE CITY
COUNCII Will REQUIRE ONE HARDCOPY AND ONE ELECTRONIC VERSION OF THE COMPLETE SET OF PLANS AND APPLICATION
MATERIALS. THE ELECTRONIC VERSION MAY BE EMAiLED OR PROVIDED VIA CD, THUMB DRIVE OR OTHER DEVICE AS
MUTUALLY AGREED UPON BY CITY STAFf AND APPIICANT. THE HARDCOPY SITE IS REQUIRED TO BE COLLATED, STAPLED AND
FOLDED.
THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE
COMMUNITY DEVELOPMENT CODE.
APPLICATION FEE: $1,500
PROPERTY OWNER (PER DEED): Mainstream Partners VIII. LTD. (Parcel B)
MAILING ADDRESS: 10165 NW 19th St. Miami, FI 33172-2529 __ ____
PHONE NUMBER: 727-224-6650
EMaI�: Antonio Fernandez / mamerica@tampabayrr.com
AGENT OR REPRESENTATIVE: Behar Peteranecz, Inc. (Istvan L Peteranecz, AIA. NCARB}
MAILING ADDRESS: �03 Rogers Street. Clearwater, FL. 33704
PHONE NUMBER: 850-377-1870
EMAII.: Istvan Peteranecz / istvan@architecturebp.com
ADDRESS OF SUBIECT PROPERTY: 345, COronadO Dnv@. ClearW2t2f, FlOfid2 33767
PARCEL NUMBER(S): 08-29-15-17586-001-0120, 08-29-15-17586-001-0130, 08-29-15-17586-001-0140.
_.
08-29-15-17604-000-0100, 08-29-15-17604-000-0080, Lot 10A, 9A, MARINA PARCE� "B"
LEGAL DESCRIPTION: See Attachment "A"
PROPOSED USE(S): 144 room Hotel with associated parking and amenities
DESCRIPTION OF REQUEST: A Development Agreement request to allocate 96 rooms from the
Speu��cany �de�r�fy rne request Hotel Density Reserve for use as part of a new 144 room hotel.
(include a/l requested code flexibility;
e.g., reduction m required number of
parking spaces, height, setbacks, lo[ . ______ __. _—__
size, lot width, specific use, efc.):
Planning 8 Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 1 of 4 06/13
� .
� Planning & Development Department
° Clearwater Hotel Density Reserve
Development Agreement Application
Data Sheet
PLEASE ENSURE THAT THE FOLIOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM
WIIL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING
APPLICATION CYCLE.
ZONING DISTRICT:
FUTURE LAND USE PLAN DESIGNATION
EXISTING USE:
PROPOSED USE:
SITEAREA: 41,923.8 SF
Tourist District "T"
Resort Facilities High "RFH"
Hotels and Multi-family
Hotel
sq. ft. 0.962 Acres acres
GRO55 f100R AREA (approximate square footages�: OENSITY (rooms per acre�:
Hotei �se: 98,240 sq. ft. Ex�sting: Vacant - 50DU/ac. permitted
Accessory Uses: 12,100 sq. ft. Proposed: 149.6 DU/ac. (48 DU + 96 DU Hotei Reserve =144DU)
Total: 110,340 sq. ft. Maximum Permitted: 150 DU/ac.
+gg,480 Parking Garage = 198,820 SF.
BUILDING COVERAGE/fOOTPRINT (1" floor square footage of all buildings�:
Existing: 0.0 sq. ft. ( 0.0 % of site)
Proposed: 33,000 sq. ft. ( 78.70 % of site)
Maximum Permitted: 39,836 sq. ft. ( 95.00 °/a of site)
IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site):
Existing: 0.080 (3.470 Sf.)
Proposed: 0.792 (55,230 sf. )
Maximum Permitted: 0.95 (66,250 s�
OFF-STREET PARKING
Existing:
Proposed:
Minimum Required:
N/A (Vacant)
173 Spaces
144x1.2=173 Spaces
BUILDING HEIGHT:
Existing:
Proposed:
Maximum Permitted
N/A (Vacant)
99'-4" Above BFE 12
100' Above BFE 12
STATE OF fLORIDA, COUNTY OF PINEllAS
I, the undersigned, acknowledge that aii Sworn to and subscribed before me this day of
! representations made in this application are true and . to me and/or by
, accurate to the best of my knowledge and authorize
' City representatives to visit and -photograph -.�the , who is personally known has
property describ�d in thi� applicati�n. ,�' produced
� ���C'LC� r'{�'�;�.._
Signature of property owner or representative Notary public,
i
My commission expires:
as identification.
Planning & Development DepaRment, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 2 of 4 06/13
� �
� Clearwater
Planning & Development Department
Hotel Density Reserve
� Development Agreement Application
Affidavit to Authorize Agent/Representative
1. Provide names of all property owners on deed — PRINT full names:
Mainstream Partners VIII, LTD.
Anton�o Femandez, Partner
2. That (I am/we are) the owner(s) and record title holder(s) of the following described property:
326 Coronado Drive
3. That this property constitutes the property for which a request for (describe request):
Construction of a 144 room hotel w/ 173 space parking 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 petitions or other documents necessary to affect such petition;
5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described
properry;
6. That site visits to the property are necessary by City representatives in order to process this application and the owner
authorizes City representatives to v' ' and photograph the property described in this application;
,a
7. That (I/w , he u�dprsigned a�thxority, hetef�t/ certify that the foregoing is true and correct.
� `� t � J'
���:�' ����.�
Property Owher Property Owner
Property Owner
STATE OF FLORIDA, COUNTY OF PINELLAS
Property Owner
BEFORE ME THE UNDERSIGNED. AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA ON
THIS ��� DAY OF '// J�.�G`i ��J -G-�� �� PERSONALLY APPEARED
_�
WHO HAVING BEEN FIRST DULY SWORN
DEPOSED AND SAYS THAT HE/SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HEISHE SIGNED
�� � Notary P�blic State of FlorWa / � ' '
Cathryn P Wiison �,// � � �� % � "
� �"�y CommiSSion EE 155385 " ������' �� ��� —" � '��� " ��""�� �
~�'�'oicto� Expires t2!26/2G15
, Notary Pubiic Signature
Notary Seal/Stamp My Commission Expires: �i4 f�lp fZC�j.J
Planning 8 Development DepaRment, 100 S. Myrtle Avenue, Clearwater, Fl 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 4 of 4 06/13
LL Planning & Development Department
° � r Hotel Density Reserve
� � ��rwate
� Development Agreement Application
Site Plan Submittal Package Checklist
IN ADDITION TO THE COMPLETED DEVELOPMENT AGREEMENT APPLICATION, ALL DEVELOPMENT AGREEMENT APPLICATIONS
SHALL INCLUDE AN INITIAL SUBMITTAL PACKAGE CONSISTING OF THE FOLLOWING INFORMATION AND/OR PLANS:
❑ A conceptual site plan that depicts the building footprint, off-street parking, landscape areas, and ingress and egress points.
❑ Architectural elevations for all sides of the building.
❑ A massing study that illustrates the building form (including stepbacks) on all sides of the building.
❑ A transportation analysis consistent with the Metropolitan Planning Organization's (MPO) countywide approach to the
application of concurrency management for transportation facilities, that is consistent with the requirements set forth in
Beach by Design.
❑ A narrative which fully addresses each section of the Design Guidelines within the eeach by Design.
❑ A signed and sealed survey of the property prepared by a registered land surveyor including the location of the property,
dimensions, acreage.
❑ A proposed development agreement which shall contain, at a minimum, the following information:
❑ A legal description of the land subject to the development agreement.
❑ The names of all persons having legal or equitable ownership of the land.
❑ The duration of the development agreement, which shall not exceed ten (10) years.
0 The development uses proposed for the land, including population densities, building intensities and building height.
❑ A description of the public facilities and services that will serve the development, including who shall provide such public
facilities and services; the date any new public facilities and services, if needed, will be constructed; who shall bear the
expense of construction of any new public facilities and services; and a schedule to assure that the public facilities and
services are available concurrent with the impacts of the development. The development agreement shall provide for a
cashier's check, a payment and performance bond or letter of credit in the amount of 115% of the estimated cost 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 the development agreement. The development agreement shall provide that such
construction shall be completed prior to the issuance of any certificate of occupancy.
❑ A description of any reservation or dedication of land for public purposes.
❑ A description of all local development approvals approved or needed to be approved for the development.
❑ A finding that the development proposal is consistent with the Comprehensive Plan and the Community Development
Code. Additionally, a finding that the requirements for concurrency as set forth in Article 4, Division 10, Community
Development Code, have been satisfied.
❑ A description of any conditions, terms, restrictions or other requirements determined to be necessary by the City Council
for the public health, safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or
other requirements may be supplemental to requirements in existing codes or ordinances of the City.
❑ A statement indicating that the failure of the development agreement to address a particular permit, condition, term or
restriction shall not relieve the developer of the necessity of complying with the law governing said permitting
requirements, conditions, terms or restrictions.
❑ The development agreement may provide, in the discretion of the City Council, that the entire development or any phase
thereof be commenced or be completed within a specific period of time. The development agreement may provide for
liquidated damages, the denial of future development approvals, the termination of the development agreement, or the
withholding of certificates of occupancy for the failure of the developer to comply with any such deadline.
❑ A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development
agreement shall inure to, all successors in interest to the parties to the development agreement.
❑ All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which
are of general application not governing the development of land shall be applicable to the lands subject to the
development agreement, and that such modifications are specifically anticipated in the development agreement,
Planning & Development Deparfinent, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865
Page 3 of 4 O6N 3
345 Coronado Drive (PARCEL B) I 2014
ATTACHMENT A
CLEARWATER HOTEL COMPLEX (Parcel "B") LEGAL DESCRIPTION
DESCRIPTION PARCEL B, PROJECT AREA:
DESCRIPTION: (AS PROVIDED BY CLIENT)
PROJECT AREA - PARCEL "B"
PARCEL 1: LOTS 8, 9 AND 9-A, 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.
PARCEL 2: LOT 12, BLOCK A, COLUMBIA SUB. N0. 2, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 21, PAGE 79, OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
F LO R I DA.
PARCEL 3: LOT 10 AND 10-A, 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.
PARCEL 4: LOTS 13 AND 14, BLOCK A, COLUMBIA SUB. N0. 2, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 79, OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA.
CONTAINING 0.962 ACRES MORE OR LESS.
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345 Coronado Drive (PARCEL B) � 2a14
Attachment B
(Parcel "B") Description of Requests
• 144 unit overnight accommodations with 173 parking space garage.
• Request of 96 units from the density pool.
1.
345 Coronado Drive (PARCEL 6) � 2a14
Attachment�G
Beach by Design Criteria
a) Density:
DESIGN RESPONSE:
The project will maintain an overnight accommodation density of 150 units per
acre based on a 0.962 acres parcel. This includes 48 base density units plus 96
additiona/ units requested from the Hote/ Density Reserve via a deve/opment
agreement. The tota/ number of units proposed for overnight accommodations is
144.
b) Height & Separation:
DESIGN RESPONSE:
The maximum base flood elevation on site is 13 feet. The maximum allowable
building height is 100 above the base flood e/evation. The proposed building
height is 99 feet four inches above the base flood elevation.
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:
See attached plans and elevations,
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:
See attached plans and elevations,
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.
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345 Coronado Drive (PARCEL 6) � 2414
DESIGN RESPONSE:
See attached Beach by Design Compliance Sheet
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:
See attached plans and elevations,
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.
DESIGN RESPONSE:
The building height is maintained at less than 100-feet to provide a buffer
between the 150-foot tall buildings along South Gulfview and the proposed
buildings to the east & north. 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 areas.
See attached plans and elevations,
6. Buildings may be designed for a vertical or horizontal mix of
permitting uses.
DESIGN RESPONSE:
The building will be designed to provide restaurant, retail, and a mix of high end
overnight accommodation space.
d) Setbacks & 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:
I �]�9L�3�`/:7�►�1�)�`L+9�1
a) Fifteen feet (15') along arterials, and (Proposed 15.00' on Coronado Drive)
b) Twelve feet (12') along local streets. (Proposed 15.00' on Hamden)
'7
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345 Coronado Drive (PARCEL B) � 2414
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.
DES/GN RESPONSE:
10' setback proposed.
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 proposed building has an additional 15' stepback at the requisite 25' (above
BFE) for approximately 75% of the building frontage along Coronado and
Hamden Drives.
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').
DES/GN RESPONSE:
N/A
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345 Coronado Drive (PARCEL B) I 2Q14
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
rights-of-way.
DESIGN RESPONSE:
The neighboring buildings along Coronado Drive are low rise buildings
and the proposed design does not mimic or mirror the existing buildings.
e. Required stepbacks shall span a minimum of 75%
of the building frontage width.
DESIGN RESPONSE:
The required stepbacks span approximately
proposed design brings certain appropriat
building forward to create appropriate mass
Hamden Drives.
e) Street-Level Facades
75% of the building frontage. The
e and reasonable portions of the
and presence a/ong Coronado and
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
�� 2')
DESIGN RESPONSE:
At least 60% of the street level facades are transparent.See attached plans and
elevations,
b) transparent means windows or doors that allow
pedestrians to see into:
i. the building, or
ii. landscaped or hardscaped courtyard or plazas,
where street level facades are set back at least
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345 Coronado Drive (PARCEL B) � 2C}14
fifteen feet (15') from the edge of the sidewalk
and the area between the sidewalk and the
facade is a landscaped or hardscaped courtyard
DES/GN RESPONSE:
See attached plans and e/evations,
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:
See attached plans and elevations,
2. Window coverings, and other opaque materials may cover
not 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:
Not more than 10% of the area of any street-level windows are opaqued,
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:
Acknowledged,
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:
See attached Beach by Design Compliance Sheet
� Parking Areas
To create a well-defined and aesthetically appealing street
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345 Coronado Drive (PARCEL 6) � 2014
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'/Z') 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:
See attached Beach by Design Compliance Sheet
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:
See attached Beach by Design Compliance Sheet
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
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
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345 Coronado Drive (PARCEL B) � 2014
purposes including outdoor dining and landscape material, provided that:
1. movement of pedestrians along the sidewalk is not
obstructed; and
2. 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:
See attached site p/ans,
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:
See attached Beach by Design Compliance Sheet
k) Fountains
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
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345 Coronado Drive (PARCEL B) � 2Q14
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:
All proposed sidewalks are 10 feet wide or greater. Street furniture will comply
with the appropriate guidelines,
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:
See attached Beach by Design Compliance Sheet
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
of maintenance.
DESIGN RESPONSE:
Proposed sidewalks will at a minimum four different paver styles as well as
concrete.
345 Coronado Drive (PARCEL 6) I�Q14
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:
Concrete street benches are being proposed along Coronado Drive.
4. Color Palette
A recommended palette for building colors is presented
on the following page.
DESIGN RESPONSE:
See attached Beach by Design Compliance Sheet
�
: U \ 1 1 . � 1 \. ► ► 1 � ' U \ . ► 1/ \
THIS AMENDED 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 .962 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 and foriy four (144)
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 144 overnight
accommodation units, which includes 96 units from the available Hotel Density Reserve
("Reserve Units"); and
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 proj ect 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. Recitals. The above recitals are true and correct and are a part of
this Agreement.
SECTION 2. IncornoraHon 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 Agreement. The Property described in
Exhibit "A" is subject to this Agreement ("�'roperty").
31 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 345 Coronado Drive, Clearwater, FL
33767, as further described in Exhibit "A".
SECTION 4. Sco�e of Project.
4.1 The Project shall consist of 144 overnight accommodation units. Of the
180 overnight accommodation units, 96 units shall be from the Hotel Density Reserve.
4.2 The Project sha11 include a minimum of 173 parking spaces, as defined in
the Code.
4.3 The design of the Project, as represented in E�ibit "B", is consistent with
Beach by Design.
4.4 The density of the Project shall be 149.6 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 99 feet 4 inches measured from Base Flood Elevation, as defined in the Code.
The m�imum 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. Obligations under this Agreement.
6.1 Obligations of the Developer:
6.1.1 The obligations under this Agreement shall be binding upon and the
benefits of this Agreement shall inure to the Developer, its successors in interests or
assigns.
6.1.2 At the time of development of the Property, the Developer will
submit such applications and documentation as are required by law and shall comply with
the Code applicable at the time of building permit review.
6.1.3 The following restrictions shall apply to development of the
Properiy:
6.1.3.1 To retain the grant of Reserve Units provided for herein,
the Property and improvements located thereon sha11 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 pertnits 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 Proj ect, 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 Inspection 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 Obli�ations of the City.
6.2.1 The City shall promptly process site and construction plan
applications for the Property that are consistent with the Comprehensive Plan and
the Concept Plan and that meet the requirements of the Code.
6.2.2 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.
6.2.3 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.
SECTION 7. Public Facilities to Service Develo�ment. 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 prior to issuance of a Certificate of Occupancy for the
Proj ect.
SECTION 8. Re�uired Local Government A� roval . 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
SECTION 9. Finding of Consistencv. 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 opporiunity 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 or 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 19�' 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 (3rd) day following
deposit in the United States mail, certified mail, return receipt requested. The parties may
change the addresses set forth above (including the addition of a mortgagee to receive
copies of all notices), by notice in accordance with this Section.
SECTION 14. Assignments.
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations
in and to the Project, or any part thereof, only with the prior written notice to the
City, provided that such party (hereinafter referred to as the "assignee"), to the
extent of the sale, conveyance, assignment or other disposition by the Developer to
the assignee, shall be bound by the terms of this Agreement the same as the
Developer for such part of the Project as is subject to such sale, conveyance,
assignment or other disposition.
14.1.2 If the assignee of the Developer's right, title, interest and
obligations in and to the Project, or any part thereof assumes all of the Developer's
obligations hereunder for the Project, or that part subject to such sale, conveyance,
assignment or other disposition, then the Developer shall be released from all such
obligations hereunder which have been so assumed by the assignee, and the City
agrees to execute an instrument evidencing such release, which shall be in
recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, limited liability company, general
partnership, or joint venture, in which the Developer (or an entity under common
control with Developer) has either the controlling interest or through a joint
venture or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an assignment
or transfer subject to any restriction on or approvals of assignments or transfers
imposed by this Agreement, provided, however, that riotice 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.
14.2 Successors and Assi rg_is. The terms herein contained shall bind and inure to
the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specifically provided herein.
SECTION 15. Minor Non-Com�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. Covenant 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 or
contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Comnletion 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 greement. 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 E�ibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the scope
or intent and should not be used in the interpretation of any section, subsection or
provision of this Agreement. Whenever the context requires or permits, the singular shall
include the plural, and plural sha11 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. Governing Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida.
SECTION 24. Counter�arts. 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
By:
Edward W. Easton, President
CITY OF CLEARWATER, FLORIDA
:
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
, 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, Florida, who is [ ] personally known to me or who has [ ]
produced as identification.
Print:
Notary Public — State of Florida
My Commission Expires:
EXHIBIT "A"
PROJECT LEGAL DESCRIPTION
DESCRIPTION PARCEL B, PROJECT AREA: (AS PROVIDED BY CLIENT)
PARCEL 1: LOTS 8, 9 AND 9-A, COLUMBIA SUBDIVISION N0. 3, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27, PAGE 46, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
PARCEL 2: LOT 12, 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.
PARCEL 3: LOT 10 AND 10-A, 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.
PARCEL 4: LOTS 13 AND 14, BLOCK A, COLUMBIA SUB. N0. 2, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 79, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
CONTAINING 41,923.8 square feet / 0.96 ACRES MORE OR LESS.
Exhibit "B"
Description of Requests
• 144 unit overnight accommodations with 173 parking space garage.
• Request of 96 units from the density pool.
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
Clea.rwater, 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 far the
benefit of Developer and its successors and assigns and shall be enforceable by them and also for
the benefit of the residents of the City and shall be enforceable on behalf of said residents by the
City Council of the City.
2. Covenant of Development, Use and Operation. Developer hereby covenants and
agrees to the development, use and operation of the Real Property in accordance with the
provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as follows:
2.1.1 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 uniY' 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 Florida 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 forecast 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 or is terminated.
4 Governing Law. This Declaration shall be construed in accordance with and
governed by the laws of the State of Florida.
5 Recordin�. 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 Attornevs' 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 Severabilitv. If any provision, or part thereof, of this Declaration or the
application of this Declaration to any person or circumstance will be or is declared to any extent
to be invalid or unenforceable, the remainder of this Declaration, or the application of such
provision or portion thereof to any person or circumstance, shall not be affected thereby, and
each and every other provision of this Declaration shall be valid and enforceable to the fullest
extent permitted by law.
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
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
By:
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 instruinent 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:
EXHIBIT "D"
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED DOCUMENT TO:
� ► : ► � J► 1
THIS COVENANT OF LTNIFIED USE (the "Covenant") is executed this day of
2014, by
WITNESSETH:
("Developer")
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 proj ect, 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,
By:
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
, 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, Florida, who is [ ] personally known to me or who has [ ]
produced as identification.
Print:
Notary Public — State of Florida
My Commission Expires
�
SHEDULE A
DESCRIPTION PARCEL B, PROJECT AREA: (AS PROVIDED BY CLIENT)
PARCEL 1: LOTS 8, 9 AND 9-A, COLUMBIA SUBDIVISION NO. 3, ACCORDING TO
THE PLATTHEREOF AS RECORDED IN PLAT BOOK 27, PAGE 46, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
PARCEL 2: LOT 12, BLOCK A, COLUMBIA SUB. N0. 2, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 79, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
PARCEL 3: LOT 10 AND 10-A, COLUMBIA SUBDIVISION N0. 3, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27, PAGE 46, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
PARCEL 4: LOTS 13 AND 14, BLOCK A, COLUMBIA SUB. N0. 2, ACCORDING TO
THE PLATTHEREOF AS RECORDED IN PLAT BOOK 21, PAGE 79, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
CONTAINING 41,923.8 square feet / 0.96 ACRES MORE OR LESS.
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