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HDA2014-040021 C earwater ^'�°��Q � Development Department 52� S GULFVIEW BLVD HDA2014-04002 1 Entrada IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT � Zoning: Tourist , �ECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVA�...�.. _ Atlas #: 285A �serve cation ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 15 COMPLETE SETS OF PLANS AND 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 COUNCIL 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 APPLICANT. 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 COOE. APPLICATION FEE: $1,500 PROPERTV OWNER (PER DEED): Decade Guif Coast Hotel Partners, L.P. & J.K. Gulfview LLC nnAiurvG ADDRESS: 13555 Bishoos Ct. Brookfield Wisconsin 53005 PHONE NUMBER: 262-797-9215 EMAi�: jkeieran,decadeqroup.com Synergy Civii Engineering, Inc (Michael J. Palmer, P.E.), Joe Burdette, Jordan Behar, AGENT OR REPRESENTATIVE: Istvan Peteranecz, nnAiurvG ADDRESS: 103 Rogers Street Clearwater, FL 33756 PHONE NUMBER: 727-47$-3073 EMAIL: istvan@architecturebp.com ADDRESS OF SUBJECT PROPERTY: 521 S. Gulfview Blvd. Clearwater FL 33767 PARCEL NUMBER(S): 17/29/15/00000/220/0200 LEGAL DESCRIPTION: See Attachment "A" Existing 189 Room Hotel, Proposed 155 Room Hotei (125 units previously Approved Units PROPOSED USE(S): (FLD2013-11038) + 30 units currently being requested from Hotei Density Reserve) & Ex�st�ng on erence enter DESCRIPTION OF REQUEST: A Development Agreement request to allocate 30 rooms from the Specificolly identify rhe requesr Hotel Densi� Reserve for use as qart of a new 155 room hotel. (rnclude a11 requested code flexibility; e.q., reduction in reqwred number of parking spaces, height, setbacks, lot size, lor width, specific use, etc.J� Planning & Development Department; 100 S. Myrtle Avenue, Clearwater, FL 33756, Tei: 727-562-4567; Fax: 727-562-4865 Page 1 of 4 06/13 w � t =� C earwater Planning & Development Department 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 UNTIL THE FOLLOWING APPLICATION CYCLE. TOUfist DlStfiCt "T' (Upland) ZONING DISTRICT: Tourist District "OS/R" (Submerged) FUTURE LAND USE PLAN DESIGNATION: Resort Fac�lities Hiqh "RFH" EXISTING USE: ��T" Existing 189 Room Hotel & Existing Conference Center PROPOSED USE: "T": 170,2a2.71 Exist. 189 Rm Hotel, Prop. 155 Rm Limited Svcs Hotel & Exist. Conf. Center SITE AREA: "OS/R": 41,905.1 sq. ft. 4.87 Ac Total acres TOTAL: 212,148 SF 3.908 Ac. Usable for Density. GROSS FIOOR AREA (approximate square footages): DENSITY (rooms per acre): Hotel Use: 139,950 sq. ft. Existing: 39 DU/ac. (189 DU) Accessory Uses: 16 291 sq. ft. Proposed: 88.02 DU/ac. (189 DU exist. + 125 DU approved + 7otal: 156,241 sq. ft. Maximum Permitted: 150 DU/ac. 30 DU Hotel Reserve =344 DU) +163,650 Parking Garage = 319,891 SF. BUILDING COVERAGE/FOOTPRINT (15S floor square footage of all buildings►: Existing: 28,065+7,363 = 35,428 sq. ft. ( 16 70 % of site) PROPOSED + EXISTING HOTEL + Proposed: 45,897+28,348+7,363 = 81,608 sq. ft. ( 38.33 % of site) CONFERENCE BLDG = 81,608 SQ. FT Maximum Permitted: 161,731 sq. ft. ( 95 % of site) IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site�: Existing: 0.93 Proposed: 0.95 Maximum Permitted: 0.95 OFF-STREET PARKING Existing: Proposed: Minimum Required: 204 (61 to remain) 352 prop + 61 exist. = 413 344x1.2=413 Spaces BUILDING HEIGHT: Existing: Proposed: Maximum Permitted XxXXx +98'-8" Above BFE 16 100' + BFE = 116.0' �'" � STATE OF FLORIDA, COUNTY OF PINEILAS '?' I, the undersigned, acknowledge that all Sworn to and subscribed before me this .� day cf representations made in this application are true and i� �' � / '�i � y i accura o the best of my knowledge and authorize -�� ` J`"�if �,;..�Q mQ �;'d/or b w o is personally �wn has ' City r(�pr entat ves to visit and photograph the �� _,_ , prope�ty d scrib�d�n this application. produced as identification. ' r � �, re f rbperty owner / Planning 8 Develo� Page 2 of 4 �-: � ; � , , � Gi ��,L t. �-'t'v�` � � ,�!j,C �Lj� i Notary public, {J CAROLYN CASE1rny co ission expires: %%�' ��; �� o..w�:' �'-'- • -- _ � My Comm. Expires Nov 24, 20 �� en�°iD��bTiMyitIEF�6VaP�, C arwater, Fl 33756, Tel: 727-562-4567; Fax: 727-562-d865 06/13 . y Planning & Development Department � C ear�ater Hotel Density Reserve - Development Agreement Application Affidavit to Authorize Agent/Representative 1. Provide names of all property owners on deed — PRINT full names: Decade Gulf Coast Hotel Partners, LP Jeff Keierleber, Partner 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 521 S. Gulfview Blvd., Clearwater. FL 33767 3. That this property constitutes the property for which a request for (describe request): Construction of a 155 room hotel (125 DU approved + 30 DU from reserve) w/ 354 space parking garage, and associated utilities. 4. That the undersigned (has/have) appointed and (does/do) appoint: Istvan Peteranecz, Michael J. Palmer, Joe Burdette, Jordan Behar 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 property; 6. That site is to the property are necessary by City representatives in order to process this application and the owner authoriz s City epres�tatives to visit and photograph the property described in this application; 7. That (I/�nle), the�ur�der�signed auth rity, hereby certify that the foregoing is true and correct. r ,� � �'� � '`� -'��--� Property Owner Property Owner Property Owner Property Owner STATE OE FLORIDA, COUNTY OF PINELLAS BEFORE ME THE UNDERSIGNED, AN QFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON ,o S�"' ; / � J '; THIS = � DAY OF �� `L-i [.._ -� � � , PERSONALLY APPEARED �.� ,�. �w c.� �� i� i-�'� t� ' WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT E! H� F Y UNDERSTANLIS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED. .�.�. �,,,,��,,,, ,•;.p• "�,� CAROLYN CASEY , �• o � ; t� ' � ' ° � Notary PuDlic - State ol Florida .. . . � C".i: E;t=�, 'L�' �_ Gi��--�..�-j' �. : :,,� My Comm Expires Nov 24. 20> > , Commission X FF O7� te� Notary Public SignatUre :.:..,;'' r Notary Seal/Stamp � My Commission Expires �� ;'� �� G, �% Pla�ning 8 Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562�865 Page 4 of 4 06/13 � Clearwater Planning & Development Department Hotel Density Reserve - Development Agreement Application Site Plan Submittal Package Checklist IN ADDITION TO THE COMPIETED DEVELOPMENT AGREEMENT APPLICATION, ALL DEVELOPMENT AGREEMENT APPLICATIONS SHALL INCLUDE AN INITIAL SUBMITTAL PACKAGE CONSISTING OF THE FOLLOWING INFORMATION AND/OR PLANS: ❑ 0 :J � �� 0 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 tne 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 Beoch 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. ❑ The development uses proposed for the land, including population densities, building intensities and building height. 0 A description of the public facifities and services that wili 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 withhoiding 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. ❑ A�I 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 8 Development Department, 100 S. Myrtle Avenue, Clearwate�, Fl 33756, Tel: 727-562-4567; Fax: 72 06/13 $65 Page 3 of 4 521 South Gulfview Blvd. I 2Q14 Exhibit A LEGAL DESCRIPTION LEGAL DESCRIPTION: Description: (as furnished) A survey of a parcel of land in Section 17, Township 29 South, Range 15 East, further described as follows: From the Northwesterly corner of lot I, Block C of Bayside Subdivision No. 5 as recorded in Plat Book 38, Page 38 of the Public Records of Pinellas County, Florida; thence run North 54 deg. 25' 30" West 65.14 feet along the Southerly line of Gulfview Boulevard for a Point of Beginning; thence continue North 54 deg. 25' 30" West along said Southerly line of Gulfview Boulevard, 467.74 feet to the Northeasterly corner of Lot 43 in Lloyd- White-Skinner Subdivision as recorded Plat Book 13, Page 12 of the Public Records of Pinellas County, Florida; thence run South 35 deg. 34' 30" West 400.00 feet to the bulkhead line; thence South 54 deg. 25' 30" East 316.13 feet; thence along a curve to the left, radius 534.30 feet, arc 213.63 feet, chord bearing South 65 deg. 52' 45" East, chord 212.21 feet; thence South 77 deg. 20' 00" East 87.38 feet; thence North 12 deg. 40' 00" East 351.56 feet to the Point of Beginning. � 521 South Gulfview Blvd. I 2Q14 521 South Gulfview EXHIBIT B: Description of Request Flexible Development approval to: • permit a 344-room overnight accommodation use (including 189 existing units, 125 overnight accommodation units previously approved under FLD2013-11038, and 30 overnight accommodation units being currently requested from the Hotel Density Pool) in the Tourist (T) and Open Space/Recreation (OS/R) Districts with a lot area of 4.87 acres (3.908 acres zoned T District and 0.962 acres zoned OS/R District), a lot width of 467 feet, a front (north) setback of 15 feet (to building), zero feet (to entry plaza paving) and three feet (to parking), a side (west) setback of 15 feet (to building) and zero feet (to existing public access sidewalk), a side (east) setback of 10 feet (to existing building) and zero feet (to existing parking and dumpster enclosure), a rear (south) setback of 20.5 feet (to building as measured from the existing sea wall, a building height of 98.67 feet above Base Flood Elevation (BFE) to top of roof deck (113 to top of peaked roof screening elevator and other mechanical equipment) and 413 parking spaces at 1.20 parking spaces per hotel room, under the provisions of CDC Section 2- 803.J; 521 Gulfview Bivd. I 2Q14 Attachment,�� Beach by Design Criteria 521 Gulfview Blvd. a) Density: 155 Rooms b) Height & Separation: 100 Ft permissible in the "T" Distric� The �ro�osed design is 98 67' to to�of roof and 113 67' to to�of inechanical stair and elevator overruns A 14' penthouse height 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. The rp imarv anvarent,, form of the buildin� is an "L" shaped building on a nodium. The dimensions of the reauired parkinaaarage necessitate a rectanAular shape however t��oot r� int of the nodium is ste�ped to res�ond to the thinner form of the hotel thus reducing the percention o�the length and making the buildin� a�pear to be the thin "L" with the anqle �lled in with a ap rking podium. 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'). The des�n of the buildingfloor nlate steps the foo�print at intervals not exceedinA 100, verticallv and horizontallv The buildina is 99 67' tall but nrovisions in the design nrovide for stepbacks on all faces of the buildin� 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. The �roposed building is desi,gned to complement the existing Holidav Inn� as such the facades are composed of decorative pilasters and arches The design also includes � Fina110-30-13 521 Gulfview Blvd. I 2014 balustraded intermediate levels and rQQt�ops Additionallv there are colonnaded accents as well as barrel tiled roofs. 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. The �roposed design occ ies 46%�the buildable volume above 45' 5. The height and mass of buildings will be correlated to: (1) the dimensional aspects of the parcel proposed for development and (2) adjacent public spaces such as streets and parks. The proQosed buildin,� meets al! of the required vard and seawall setbacks 6. Buildings may be designed for a vertical or horizontal mix of permitting uses. i�_li �/� . I _ I' � �ii •� �. i /i r � � 1' i• i/ i � � • • ! � � • � / I 1 / _ : � i � � � � • i i � i � , • � / • � i � •/ � 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: The proposed building setbacks meet the requirements of the Develonment Code for the district as well as groviding for fire department and maintenance access to the rear of the propertv. 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. The,�rogosed design �rovides for a 15'side setback and a 22 foot. to structure. setback from the seawall. 3. Gulfview Drive Setbacks and Stepbacks. 2 Fina110-30-13 521 Gulfview Blvd. I 2Q14 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'). N A: 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'). 1V/A the building minimum setback is greater than 15' 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'). NA 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. The �roposed street facade is varied vertical�v and horizontally using design elements such as string courses colonnades modulation of the balconv oneninas tall awnings and vertical and horizontal stepbacks.., to provi for a livelv and �edestrian friendlv streetscape. e. Required stepbacks shall span a minimum of 75% of the building frontage width. N te . e) Street-LevelFacades 3 Fina110-30-13 521 Gulfview Blvd. I 2C;14 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�) Along the primarv street level facade of the buildin� this design �ronoses two 30 foot wide commercial bavs, the main hotel entrv bav, also 30 feet and the two vehicular and dro�o�'entrv bays. The bavs are accented with colorful awnin�s up to the third�loor line This design directiv addresses the nedestrian nature of the street and provides for color and movement on the streetscape. 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 fifteen feet (15') from the edge of the sidewalk and the area between the sidewalk and the facade is a landscaped or hardscaped courtyard As stated above, the commercial spaces and reLaraqe provide for direct phvsical and visual access to the building from the sidewalk There is a plaza with built in benches and blanters proposed ,for the yard area immediatel�frontinq the commercial spaces and hotel entrance. 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. The .first two floors of the raarage are concealed bv the commercial spaces and the decorative awnings, the third �loor is articulated and parkina masked with decorative sauare windows with metal grillwork The fourth and �th �loor parkinrq levels are screened with 4 foot high barrier walls that are designed to appear as buildin�g �, Fina110-30-13 521 Gulfview Blvd. I 2014 snandrels of similar desi�n to the balconies and windows in the residential portions of the building. 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. The commercial hotel entrv and vehicular entrv bavs are �rimari v glass or totallv �en with the building walls aqproximatelv Fve feet between. The fa�ade at street level %s �proximatelv 82% �en We believe the obenness and accessibili�of the buildin� at the street is verv generous and still nrovides for structure and desian a�pronriateness To reach the above referenced 10% we would need to include onlv the bare structure with no accommodation for design articulation 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. The buildina entrances are well designed and there are no dis�lavs planned for the nlaza• 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. The entire,frrst�loor is accented with awnings and the hotel entrance area. � 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'/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. All an rking is hidden from public view as reauired above. � Fina110-30-13 521 Gulfview Blvd. I 2Q14 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. All si�cLna.�ae for the �roject will be as per code and submitted for review and permittina. 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 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: The existing sidewalk along South Gulfview is 10' wide with street trees and decorative light poles. The proposed entrance into the commercia! spaces will include enhanced landscaping, brick paver court area and benches for pedestrians. 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 � Fina110-30-13 521 Gulfview Blvd. I 2Q14 sidewalk. We are �lanning,.for a�destrian friendlv forecourt at the front of the commercial and hotel entrance The court shall include seatin� height planters and �rade walls and bi�vcle racks. 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. There is currently decorative street lighting in nlace alona South Gulfview Blvd. 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 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. � 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. 7 Fina110-30-13 521 Gulfview Blvd. I 2fJ14 The color palate of the 6uildina is proposed to be in the old Florida "Fla�ler" s. le, nastels and white trims Please see the buildin� elevations for�ecific stucco colors 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. The sidewalks and plaza are proposed to be of concrete pavers in colors to coordinate with the buildin� 3. Street Furniture Street furniture will be constructed of low-maintenance materials, and will be in a color that is compatible with its surroundings. The street fi!rnit�re. consistin,�of a ing�g�planters and site walls. shall be stucco. coordinatin� with the building colors: 4. Color Palette A recommended palette for building colors is presented on the following page. A.� mentioned above, the stucco colors �roposed�'or the building shall be "Old Florida" nastel colors, compatible with the beach vernacular: � Fina110-30-13 521 South Gulfview Blvd. � 2014 521 South Gulfview Exhibit F From: <Mark.Parrv@MyClearwater.com> Date: December 10, 2013 at 8:47:39 AM EST To: <iburdette505@tampabav.rr.com> Cc: <Robert.Tefft@MyClearwater.com>, <michael.delk@MvClearwater.com> Subject: 521 Gulfview 1oe, You're good to go on the proposed density. Mark T. Parry, AICP Planner III Planning and Development Department City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 TEL: 727-562-4741 FAX: 727-562-4865 Hours of Operation Monday-Friday: 8am - 4:30pm Customer Service Haurs Monday, Tuesday, Thursday, Friday: 8am-4:30pm Wednesday 8am-2:30pm From: Joe Burdette [mailto:hunrafCa�aol.com] Sent: Friday, October 25, 2013 3:28 PM To: 'nina@comunitydevconcepts.com' 521 South Gulfview Bivd. I 2Q14 Cc: 'Michael ]. Palmer'; 'Istvan Peteranecz' Subject: FW: A04-01420: Development Order Validity: 521 S. Gulfview All Please see the email below that I received from Michael Delk following the city attorney's review of our termination of non-conformity for the units that we are now requesting for the new project. Michael clearly states we have a valid Development Order (which is for 189 hotel units and 75 condos which we are not converting to 125 hotel rooms). From: michael.delkCc�MvClearwater.com [mailto:michael.delkCa�MyClearwater,com] Sent: Friday, June 28, 2013 4:34 PM To: hunraf@aol.com Subject: FW: A04-01420: Development Order Validiry: 521 S. Gulfview FYI. We appear to have reached a legally consistent conclusion that the project may move forward based on the retention of a valid DO. Have a good weekend. � Michael L. Delk, AICP Planning and Development Director City of Clearwater 100 South Myrtle 521 South Gulfview Blvd. I 2Q14 Clearwater, FL 33756 P.O. Box 4748, 33758-4748 727-562-4561 727-562-4865 (fax) From: Dougall-Sides, Leslie Sent: Friday, June 28, 2013 4:28 PM To: Delk, Michael Subject: A04-01420: Development Order Validity: 521 S. Gulfview I have reviewed the information contained in the above Request for Legal Services as well as the following: -Current and former versions of Community Development Code Section 6-109; -Development Orders dated 1/20/05 [FLD2004-04025/TDR2004-09011], 12/28/05 [same case numbers], and 5/16/07 [FLD2007-03008]; -Correspondence dated 4/5/06 concerning FLD2004-04025/TDR2004-09011; -Emails between Planning and Mr. Burdette concerning the development approvals. In my opinion it would be a reasonable legal position to take that the new construction for overnight accommodations may proceed to permitting based upon the continued validity of the Development Order(s) approving the original units and the reiteration of such approval in FLD2007-03008. I am assuming that the 77-unit figure representing the approved attached dwelling units is the correct number. Mr. Burdette mentions that those 77 units translate into 128 overnight accommodation units. I cannot confirm that figure at this time; however, Planning should use normal calculation procedures to determine the appropriate number of overnight accommodation units. 521 South Gulfview Blvd. I 2Q14 Please let me know if there is anything further needed regarding this project. Leslie K. Dougall-Sides, B.C.S. Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 leslie.dougall-sides(a�mvclearwater.com (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia . � 1 \_ ► ► 1 �'1/ \ ► 1l \ THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement") is dated the day of , 2014, and entered into between DECADE GULF COAST HOTEL PARTNERS, L.P. and J.K. Gulfview, LLC ("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 3.908 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 utilizing 189 existing hotel rooms, 125 additional overnight accommodation units previously approved by the Community Development Board, and 30 additional units from the Hotel Density Reserve, and other uses for a total of Three Hundred and Forty-Four (344) overnight accommodation units on site, and including 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 344 overnight accommodation units, which includes 30 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 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. Recitals. 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. Propertv Subject to this Agreement. 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 521 S. Gulfview Blvd., as further described in Exhibit "A". SECTION 4. Scoge of Project. 4.1 The Project shall consist of 189 existing hotel rooms, 125 additional overnight accommodation units previously approved by the Community Development Board, and 30 additional units from the Hotel Density Reserve, for a total of Three Hundred and Forty-Four (344) overnight accommodation units on site. Of the 344 overnight accommodation units, 30 units shall be from the Hotel Density Reserve. 4.2 The Project shall include a minimum of 413 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 88 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 98 feet 8 inches 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. 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 Property: 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 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 humcane 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 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 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 filed, 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. SECTION 7. p»blic 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; • Identiiication 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 Aggrovals. 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 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. ComFliance 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: Decade Gulf Coast Hotel Partners, L.P. and J.K. Gulfview, LLC 13555 Bishops Ct., Brookfield, WI 53005 With Copy to: Brian J. Aungst, Jr., Esq. Macfarlane Ferguson & McMullen, P.A. 625 Court St., Suite 200 Clearwater, FL 33755 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 Proj ect, or any part thereof, by the Developer to any corporation, lim.ited 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 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. 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. ('n�enant of Coo�eration. 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. Ann�rovals. 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. .omg]etion of Agr men . 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. F.n`Agr m n. 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 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. 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: DECADE GULF COAST HOTEL PARTNERS, L.P. , a limited partnership Print Name Print Name As to "Developer" Print Name: Print Name As to "City" BY: J.K. GULFVIEW, LLC, a limited liability company Gener : Name: Title: 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 , as of Decade Gulf Coast Hotel Partners, L.P. and J.K. Gulfview, LLC, 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 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 DECADE GULF COAST HOTEL PARTNERS, L.P. and J.K. GULFVIEW, LLC, ("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: l. 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 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 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 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 sha11 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 Governin� 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 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 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: DECADE GULF COAST HOTEL PARTNERS, L.P. , a limited partnership BY: J.K. GULFVIEW, LLC, a limited liability company : Print Name Print Name As to "Developer" Name: Title 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 , as of Decade Gulf Coast Hotel Partners, L.P. and J.K. Gulfview, LLC, 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: EXffiBIT "D" COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: � ►:� � � � THIS COVENANT OF UNIFIED 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 deiined 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. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this day of _, 2014. In the Presence o£ DECADE GULF COAST HOTEL PARTNERS, L.P. , a limited partnership BY: J.K. GULFVIEW, LLC, a limited liability company : Print Name Print Name As to "Developer" Pnnt Name: Print Name As to "City" Name: Title CITY OF CLEARWATER, FLORIDA I� 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 , as of Decade Gulf Coast Hotel Partners, L.P. and J.K. Gulfview, LLC, 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 � u � T � �r � _�. �:. � � --� � � �', w � � �� w �-• �i � � ;�: PFltc"iA�pL's t �tit�ri� 5ireet. �(3j� ,. ...:. ,,.. v r: �'. d�J h.".:',.�.,� tlE4^nYS-ATE1; SR � av z;:i�� n, ac.� rt�� :e... ,. �n. o �. . � .�.-h�on�n:;'�de.^.ioc rrorn PROJECT � � � � J Z~ W � J LL 2 Q W m � W Q � W J U ISSUED DRAWING LOG: �a �� m� �a 0 � � � 0 � 0 0 PROJECTNO: ENT13.01 ORAWING TRIE: LEVEL 1 2013.12.18 SHEET: A2 1 HDA SUBMISSION �� I, , i __� i ,�, �, ��, ,, �, ��rt,�� - , 1 I � —� _...j—.}t. I � � I � I i I I i , I � I I i ,, �I i I I � Ij i�� ! � � ,I �� ,� LEVEL TWO SCALE:1/16" =1'-O" _. __� i �' PROJECT NORTH ' X I N/ �� F _ f � �:N�v.LGLs S lt . �2':n � I . n.`. 613 �.... :;LERNWATEI: .. >i'�'.f+5'a�.,�? t'. ...? J: a ..,.�� 1 odr . I c. :.1•h �: . . ... ..... II J I � /r I = Q I Q W � ; m � � W H �' W I � Z p w W ='�� ISSUED DRAWING LOG: .Qwre Q u m� Qa. � � � � � � 0 � PROJECTNO: ENT13.01 � DRAWINGTITLE: �I�I LEVEL 2 I I ISSUE DATE: � 2013.12.18 '' SHEET: I A2 2 '� HDA ' SUBMLSSION r � � � � I I I • I I I I L � EXISTING HOTEL � ' � � � i � � � - -- � ��,�,:� � -�_ � _ iL � u- �� _ _ , _ �� E -� � , �; `! 1 j � � i I ! � � I � � I � � � ', I � � I I j � i I i I I I I I I i . . . .. �'I . �. . ' .. . . . . � . '�:. -_ .. ._ . .. . . � . .. .. _. . . .. . . _._ .. . . . . ... . . . . . . . � LEVEL TH REE SCALE:1/16" =1'-O" . _ � . �. � . . �I . . . . . . . . . � .. . . .. . . .. . .�.. _.. .. . . . _. . � � ��. PROJECT NORTH ' X 1 N/ � u �� i. :Z. , c• I N �� J' �! ay` i-�: �� --, � � � � � at.NS.M1.CG�.� . �,vesi .t:�riu �:�cei� �� ...: . ..,� �. 4�3'__.. CLC-AitWATE('. it:r�a . J-+�bFl !. Ii:, iuA r�,�y!?�? I'. -...�i J"i� �..,�a 1:'..�ri . ' PROJECTTRLE: I J I � � I Q Q W � j m � � J'�H � � !� Zp W W = U ISSUED DRAWING �OG: Da tQ n m� Qw � 0 0 � � � 0 PROJECTNO: ENT13.01 DRAWINCaTRLE: LEVEL 3 ISSUE DATE: 2013.12.18 SHEET: A2_2a HDA SUBMISSqN I i i� ; . E%ISIING HOTEL �. I I I � � � � � / /� 4 i, I II / � , - . � .. - . . � . . ... , .. . . .. � � I'TI-11�� -_. _�- . _ � . . . . � � . � II — / � IL�—�llILI_� — .. . . � . . . . .. �� —tl J1— =JI / � ' . i 1 � �'. � � �! -- � ! I � � I I I � i I I i � II � I i � I I I i I I � j I I I I � I I � I I I � I � I � i I I � I II II � i I I I� �� ' ' _---- �— �--- - / <rn 4 � --� -� O o� UD VP VP . . . . . . . .. . . . � . .. _ . . � .. . _ . . . ... ... _ .. . . .. .. . . . . . . . . � �. -. � : ._ , . . ... . � .. . . . .. . . . . . ... _.. � . ! W.... .. . . . .. . . . . _. . . ,� LEVEL FOVR SCALE:1/16" =1'-O" PROJECT NORTH ,�; �- � � � .o. �, � � �: r� :�� v: I'^ � w � 'A� � PtN .CG.k _ .�_.,f ��i�riu u .. d;:5o� :. rii.^ �. _,. _� I` e��C 4�? J?:.. t;LEkRWATEii G , ':k ,. YB.. .' t 3.'��x a , !� � t, r �.I.i. t. t � _ . tren�, -��h.�i a tel.ie. .. , � �.. J L.L � 12 U � W � m �� W H � w � Z � I J W=I� ISSUED ORAWING LOG: Qi wh �� ea. � � � � � � � � PROJECTNO: ENT13.01 DRAWING TfTLE: LEVEL 4 ISSUE DATE: 2013.12.18 SHEET: A2 3 HDA SUBMLS$pN I I � � ��—J EXISTING HOTEL I � � j I I i II � �I — � � 1 ', ! I f� --1 IT! 1— �I - - - IL � i 11 ' � � �E �� J� \!_ . I � I I � � I i I � � I I I I � I i ! '. I I II III I . . . . . . . . . . ... ._ . .. . .. . _ . . .. .. � . . . . . . _. . .. . . . . . . . .. . ..•.. W' ,� LEVEL FIVE SCALE:1/16" =1'-0" PROJECT NORTH / � atu n�3�a ..:� 4y.. l3 ."' :;LEAr�WATEi; . �. :i I.• t�� f.rt�;;nr��,� �•i ...n. t .,.. '" . _ .. ^ f.�... .�.^.r ..�,� . t:J".:.. y � ....:..:...... _ . � � y �V � Im � � :w H � � � Z W W � U ISSUED DRAWINGLOG: Qwre Qu m� Ba � � � � � � 0 � PROJECTNO: ENT13.01 __ --- -- DRAWING TRLE: LEVEL5 ISSUE DATE: � 2013.12.18 SHEET: A2 4 HDA SUBMISSqN i i —i _ _J� '�, ' ' , _ � I I ! I, � �� — -' � �BALCONY .. .. � A�VF. Ill� � �. � , . i ___._ 97'-S � _� 13'd• �, 20'-10' _ 12'-9'� _ __. 72'��' __ _. 9,_5• . ib 17 i � i 5 3 i � � _� �. �_ _. _ : . � I : _� �.. � n � �� 6 '� � � I L � i I . � &4CK-0E-HOVSEEGRESSCORRIDOR � I I `^ ' ' : �� _ STORAGE AREA _ _ _ _ _ i r `_ i _ / r I EXERCISE ROOM _ — — — _ —�K-0E-HOVSE EGRE55 CORRIDOR HSKD — — — — � � '' i . - STORAGE � � I I � � } I � � � I I I MEN I � I WOMEN MEN BA�KOFFICE/ GIFTSHOD MP.INNITCHEN BREAKFAST � '. '' �. I �' I � � ADMINISTRP.TION qsp BUFFEf I . �. � �'.�� -� ;� . � � I i / i I I BVSINE55 � , . � - � . . ��,� WOMEN , , I I � I � � CENTER � . . 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C� � irss a I z o Iw � �� f � IW r V �F —_ — � � I � I I 1 , , , -, �'7 � STORAGE � � J1Kfll1 \� ..:� ` brn 1 �� I 605 ,, V �� DOOL DECK Y .� N mN $NAMMING DOOL ,� LEVEL SIX SCALE:1/16" =1'-O" �---- -----� i __ __- i i-- ---- i iii iii � � � � � � I I I 1 I I I I I GnzEeo � I i I I I I I I iii iii � � � � � � � — — _ _ _ — _ — I � � L------------J �-- ,---, � � � W M � � � � � � � L______J +a ♦: _ HATCHLEGEND ❑ ACCESSORYUSEAREA PROJECT NORTH `�, , � i. 7 � r� '-- . z; � � W r^y, _� W �-. M � � Ft C lA 3 �"t t .. � : ,...,., .. �. , d, c._... ..'.'cF.iWATEi ..I/.' .. ._�. ... . ..._ 5 , u��. .. �it^. ._ ,. �. ..an . � . : ... J ,� Q = %QU QW � m � �W � II � Z~IQ W W=�U 1Q ix m� A�. � � � � � � � � PROJECTNO: ENT13.01 DRAWING TITLE: LEVEL 6 - - -- - -- ISSUE DATE: 2013.12.18 A2 5 HDA SUBMLSSqN i I � _ I I �_ eximNC Ho�� _ I — � I � ' I�� ---- --- _J , . 9,-0. . . . . . .. . . _ . . . .. . . . . . � . � �. �� 5 GBACK . . . �� F�� / � HSKV �� UD � , � -�_ ' _ _ �� : � � �, I , . . �� <. � � /� � � � \ � _ � . � \ � ir 709 � A`�� K/ �. b\y �-�� ; � �.,� �\� �yi' � . � � ��,� � .. A� A .: � ) . � ,�"' ` F �i� �� Ii�T11 717 � I � ( 701 � � 711 u—��i I� I �, � 703 705` 707 %-�� f-. .�' - - I , - 1� r: TI3 � ,` I . . �� VEND � - . . . STORAGE � � _ � � ^ _� • I ' GVEST�ORRIDOR TI6 � � ,T� - y , � �- ns 2 ��/j¶� I � �/�� ns . � � ILJ� �. � � '_ MECH � I . i i � � � ��\ i _ � \ �� ' �oi � �oa � �a � �� oe � no � �- nz n � , . �,� ELEVATOR �� h . �y� . � � _ � LOBBY /, r � � . � ��y �; 1° �-� �� - � : � . - � - _ ,,ti � � � � ,, -�� , ; � I � � .� �,. q �, ,, �, � � �� - � '�` � � �,_ � � � � aa�� ; na �i . . � ,,� g ., I I ROOF BELOW .. �� _ . . - �� O :, — _" __ _ . . . � . _.. F _._ __—___._ _._— . . I _.'';� '^ : ' � � � _ � �i I \ � �� ' �� 9 � �ao _ I �. . �� :� —. � � -POOLDECKBELOW--� . _., �� , �g � ' Io , �aa � I - \ I� - - ° I I� �� m ' I _ - - �� C � �.� , i �<, �� , — � � � �-- __ -- 700LBElOW .� . , � � � 743 _ 7Q6 � I . , , , _ . . ... . � , ; c� _ � � � � � : � ; - sro „� i �� i � -- � , � � � 'i _ I,�.. VD � . . �-�. �-�� .. ... ... , _ .. �; CABANASBELOW.�=.% i . . - � _ . � . �. _ . . . . �. � .. � .. . . � � . _... _ ._ .. .. _.. .. _ . . . . �� . � .. . . .. . . ... . � . .. . .. _ � . � . . . . . .� .. ._ . .. . . ._ . . . . ... . . ..l. 9l. ,� LEVELS SEVEN-NINE SCALE:1/16" =1'-O„ PROJECT NORTH �; � _ � � �: � � W e., ��; ;� � � �_, � � �n � ' N AG7 � 1 , LL F tW4TE1i � 4 tP s y T� ��. � �n u .,t: �... x � ' J II � � ' Q � I W �,m � !� J I Q �-- W �� z � � W W �;U ISSUED DRAWING LOG: Qw� Q �z. m� �a. � � � � � � � � PROJECT NO: ENT13.01 DRAWING TITLE: LEVEL 7 2013.12.18 SHEET: A2 6 HDA SUBMISSION i � - ... . . .. I ��, . . i , � �. ''�.� � . . . .. . . .... .... � I EXISTING HOTEL . . . . . ... . . _ . . . .. .. ... . � _. r_ . . _. ._ . ... . . ... . . ... .. . .. . .. �.. _— _� � . � � . . � � . �....� G`� �' / F'��, �' HSK ,�%, > �p _ - . .. ' ' _ _ \\1� � �/�, 7 Ly �E' � _ �"j UN � . . � � �'�� /��e ��.. � � � �� y� ,'E�`�� i ` ,/� \, �' � � '°°9 ( �� '� L� � � `� ,os� � � �� \� '�� \ C � ) � � v�' % � � � ,rn� I irn� � � > torn� � ioas > >oos� �orn ��.: �� io+s / � �. � � � , _ � VEND / � ' � . O �._J � STODAGE � � � � . m 1033 _ p I . . - � I � GVEST�ORRIDOR 7076 �� I � . - ' 1035 � �V � �. � . . . _, 1015 � MECH . . � ) , . � , f�( _ . 1002 /�7006 � 7006 � � J008� 1010 �W /'�, 1012 L1 I. � ELEVATOR \ � .� . � . LOBBV . � � \` �l . �' �./ ,/� i � f � � / \_ � � � � . . CRED KITCHEN � � � \ � � � � � � ` '� l � � � � I . �g � � � f / � " ''� � � � � � �" � �� i � r� � �� ;' � ,�,a i '� n ■ � ■ �o� �' , I . .��. . I. ��J � I . ROOF BELOW . . ,'l.' �0�� h�l , . . , ..,. . _ ... � . �' `,TM `e1'i �' . ... _. ._ . : . '. �. ' � � .. . � s� I � ' I �' o I I - ... . . � ROOF � . . . ' , � . : OIRDOOF I T07 &4R � COVERED PA� - � � � � �� . . � ..� SEP.TINGAREA � . A�� . � . . � . � 0 � .. e. v I�.. � i �. � i i � ■� � i — --� � I � , , ,. , --� , I r-- i _ I p � ` . ..i. .. , . . � � � STOCAGE . .. �, . .. .. . .. , . . .. . .. . . ' .�. � , . . ' . . . � � � � ' . . . . . .. . , . .. . .. . . . . . . . �. .. , .: .._ . . � � .. . ... . .. . � . . '; . ; '.. ' __---____—_J . . . ... ... . . . ... .. . ... . � . . . . . . _ - . .. � . . . . . � � . .. . . . . . .. . . . .. . . .. .. _. . _ . _ . .. _ .. . . .. . .. . . . �_ W;.. .. . .. .. . . . _.. . . .. _ . . .. .. . . �. �' � . . . . � . - � . � �� ... ' . � � � . HATCH LEGEND � ,,. . � .. � ❑ ACCESSORY USE AREA ,� LEVEL TEN SCALE:1/16" =1'_p�� PROJECT NORTH :� �: 7 �.� � e J� � i /_� L�: f?': ;�.) G; � ~h-' � � a n ,. ,� ak_NU'0.GG�..A N 4 #1 �.. d �: . 50 3 - ::LEkr1WATER � .. 9 C I. J .� f �, ,�n.., �. � J � CI ' _ � a w � m !� w � w,� Z~ � W W � U ISSUED ORAWING LOG: Qwh Qu m� Qa � � � 0 � � � � PROJECT NO: ENT13.01 DRAWING TITLE: LEVEL 10 2013.12.18 SHEET: A2_ 10 HDA SUBMISSpN k:;�,�d �,..— .wv�� .. «.� �:�, id�"?7FSY�'� .��_ �-. �� .�,;, W„'u': �'.::4 _. 4 WEST ELEVATION SCALt:1`• 25' � �, � � rF9� $8� � i1'$s � c_ri _ 3 EAST ELEVATION SG\LE:1" - 2S' �� ;._;. _ .y , � :�..�=— ':��,�:�,�,��:��,�in-��AMp-�-��! ��.i�i Y�iu ■�e Y�u� �u �i u � i�u� �i �I?INW�' IIIIIkNIi ��!HJ! Il::lldl ��I�� INI�m WI�wWI l� IN�IIF 111� _ . rJ� ��d 1�1� ��! �I � ■ 111� _ ■ hll� �1 �1� �tl .N � ■ `�1 B �'�' � �� I u � � � �� _ � _�r�� l��l�.l�i. : . . � .�.. ru 'ru Irir �n %� �� ■ i�r �,� r�� V IW91Nf � ru�N� � �1� �9� ■N r■ ■�I Ir rl �� ■■ I■� � .��'��. I 1plpNp WMrIMN � 111 1 mi� ��e Nu� s�a u� �� f.'s �iin:, a ��u i�x �:°. .-� ��■ � ■� r. ■� � ■ '�� ■ ' � a �.�■ �� .. Q�i �� i , _ ___ . �. Q • • _.�9 ' �3H�. ,,.ba�:,� � i i�ua � 1 �i p �.. � ..� .� � � � ��a�d u �.. �. �.�I—�e � � � � p � �■ ■�i u —. :_.°��:=e�y^°��-e`-.1t«t.tt� N i". �: � :; �-■....�� ul� i ��i� �� i� _ : ■ ��: �i S q �\ �� M� � � �c' � � �,� s � . � �� ... .� .,.. �►� � ..�. { � �■ � �� Y -� �� NORTH ELEVATION $c..1LE�. i' - 25' � �;r:�.;�,�,�� A . .._=i au It , tARWATEP fl�1 �I � M18l J ':�ai.. ��. .1 w: q ef.lr ISNAN L PETERANECZ AR84533 FLORIDA PROJECT TITLE: I J LL � (.i � w � m � N w H �' W � Z O Q W W = U ISSUED DRAWING LOG: pa,�: �k ��.�ana weoa�an g PROJECTNO: ENT13.01 ORAWINGTRLE: ELEVATIONS 2013.12.18 SHEET: A2 13 HDA EXTERIOR FINISHES AND OPENIN6 PERCENTAGE CALCULATIONS STREET LEVEL FACADE TRANSPARENCY SYMBOL LEGEND NORTH ELEVATION: 19,693 SQ Ff SOUTH ELEVA710N: 19,564 SQ Ff EABT ELEVATION: 25,384 SQ Ff WE3T ELEVATION: 32,865 SQ Ff NOR7H ELEVATON: 2,006 SQ Ff WINDOW$ 5,5495QFf WINDOWS 6,358X2Ff WINDOVJS 1,4T75QFf WINDOW$ 2,OOSX1Ff WINDON!$ 760X1Ff AREA OF EXTERIOR FINISHES AND OPENINGS 1,6545QFf OPENINGS 1,8155QFf OPENINGS 4,453X1Ff OPENINGS 4,939X1FT OPENINGS 4605QFf OPENINGS ARCHITECTVRALDECORATION 9,1785QFf ARCHITECTVRALDECORATION 7,656X2Ff ARCHITECTVRALDECORATION 12,8105QFT ARCHITECTVRALDEfORATION 12,9225QFf ARCHITECTVRALDECORATION 35054FT TOTAL: 15,581 / 79,4lS = !0% TOTAL: 13,E28/ 19,b84 � 87X TOTAL: 1l,030/ 25,�l4 � 76Y. TOTAL: 20,254/ J2,865 � 87 Y� TOTAL: 1,590/2,008 = 80% � ��% � // /% ^/ eG: /�/..i � ii � j /� � !� / i �/� � /�/' / �: /i � � �, �%/�� /;i :.,C! � / ;�// , ;'% i ; � � � i% , � >, , i � s ; �. i , � � i i;:: .,, , ,, ,%; i� ; � �; , �ii /�i i.,� � % '` i ' �� ,, , I''„�I; ;� I�!'� I' I I' ��', /i. / % i : / <I ,, . .,,,, , ;,r, .,;.. , ,,, i �' i;:, / � / , ', % i i % / /' i �j � / � i %' �jj %��i � % � , � //; i r /, / �/ i � i � � ; � /„� �/ ., i �, ,.. _. ; �. � �', �.� �-/��: ,,,�, � � • _ �► ,� ;�� ,,, ,,,,,, ,�� ;� �, � , %�,�%,i, ;;i :> i r��, ;, � � ! � � j j / �: ,: I; , ,,, �;, �/ �. / r !; 4 ' , ;� i; ;< u, �� ., ,. . ;� .; �. -�% � � '%% � i i ,. �� ' �L-- STREETLEVEL FACADE -' �i�j.� //�// / / /i: / L�' /� /., � ii �i /..,.. ii�//%% i/i i� % i� i/ �/�/i i /// iri�/i��///�/ i� /% % i / /�/� //i //'/ i// i �� /i ./ i . i ll/ „/ ///, / / // / , / / // /�� i// �i � ��.,� �� %��////i,.,:, //��i // ��i��/ r%i',,-, 'r:% % � /i, i� ;/, ;b, j/ i % /, / 5 �/,�� , /;I;i �%, /� ( 'IZ r „ ;' i /.I; �;; /; /, r i /i : i, ;��,. ,i; - ;% ,i%/////i ,;;, ;m r� rn; �T � �� :_� � � � , �i ,�� i�. �I /I � li I' %li I I � I I �� I �� i/ / i . /� :i i / i / / �. // / /i � / %/ /i / / I / / / � / i i: i i� � i i i .n,.ii ,i� ,�; ! :;!� ! ��,.,! ,�„�,,,�, 'i,,,�l; �, ,,�,,,,�.;��,,,!�„T. i/i��i / /%L/ ",�ii � /i/?� /i / �. � / i% J r �.%//,i�i//iGir, ;% I �I I- I il I � I ,I , �� ,� � �,,�� ,� �� i �,. i//„ i% �i�' /'/ / �//'/,i % % �� /� /i /// /'% %�%/%� i/�%/�/ �/%/// % - � ///,/,�!� /i%/� Q • � � �� ' � � � ; r: / �i % /' � NORTH ELEVATION KALE: 1"= 25' � � : � � , i J � < s r� .: . .'u F �� ( C . N A4 �b .�._i,.,r 4 .p37_�..... EFPWdTEFa � � t. , „ ,a � �: ,t � � � �:, � �� '2 W � �im � � W �— � � Q W%� Z ~ � p ', w W = U ISSUED DRAWING LOG: Q �re �� 0 0 0 0 0 � PROJECTNO: E NT13.01 DRAWING TRLE: ELEVATION AREAS ISSUE DATE: 2013.12.18 SHEET: A2 13.A HDA SU8M65pN �� North East _ .3 ��}- - . . . . . _ ... _ . . . . _ ..... ...r.-'.''.n' . .,o-,.._" _.. - °'""�' �2�North West 0orner � 4 Soufh West � � z � V � � a w �O � ��z �� H V H � � � � � CLEARWATER t03 Ragnre Shee[,33756 L 727 478 30]3 � f. 717 416 3074 ?nis drewinps ia ihe vropery of hrhar �Oeterenw, and may iiot be used �eo�oa��Pa w�mom w�� permi=sion hambehar.peterenecz. ISNAN l. PETEPANECZ AR94533 FLORIDA J �.�..� � � Q Q � z W I J LL 2 I U I Q W ! m i� i H I� IQ 'w J IU PRQIECT NO: ENT13.01 DRAW ING TITLE: 3D VIEWS ISSUE DAiE: 2013.12.18 A-501 HDA SUBMISSION � � � ...,.....,. —..:��, � '. ... �♦ , �..... . ,. , .. / „ . ..__ -_�. -yq, ,. , '- _ '- � ._ 2 N� 4 $� � NE Iso �� SE Iso �� z � � n � a Vr/ � � � O � �� z �� H �} (� x a � d .anzson,�oa CLEARWATER 103 Rogare Sdeet 33756 C 727 478 3G13 � C 727 478 30]4 Th 5 draw nqs �s tl�e proparty of behne �pr�e.�anec> 'n nnd may not be useA . .c d„�Paw�momm�� peemission hom bnhar . peterane¢, ISiVAN L PETERANECZ AR84533 fLORiOA W 'u 0 _ �w m Q � w � � � '� 2 � w W i� ISSUED DRAWMG IOG: PR0.1ECThp: ENT13.01 DRAW ING TliLE: 3D VIEWS ISSUE DATE: �� 2013.12.18 SHEET: A-502 HDA SUBMISSION