FIRST AMENDMENT TO DEVELOPMENT AGREEMENTReturn to:
City Attorney's Office
City of Clearwater
112 S. Osceola Ave.
Clearwater, FL 33756
KEN BURKE, CLERK OF COURT
AND COMPTROLLER 2014152256 05 2812014 at 030'.53 PM FL
INS
OFF REC BK: 18415 PG: 1685 -1688
cType:AGM RECORDING: $35.50
First Amendment to Development Agreement
THIS FIRST AMENDMENT to DEVELOPMENT AGREEMENT ( "First
Amendment ") is dated the 15th day of May, 2014 and entered into between Clearwater
Grande Holdings LLC, a Florida limited liability company ( "Developer "), its successors
and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State
of Florida acting though its City Council, the governing body thereof ( "City ").
Recitals:
WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth 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, the City and Developer entered into a Development Agreement
dated August 8, 2013 and recorded at Official Records Book 18118, Page 691 in the
public records of Pinellas County ( "Development Agreement ");
WHEREAS, Beach by Design proposed additional hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community by further providing for a limited pool of additional hotel units
( "Hotel Density Reserve ") to be made available for such mid -sized hotel projects; and
WHEREAS, the Development Agreement provided eighty (80) units from the
Hotel Density Reserve to the Developer to be utilized on 1.43755 acres of real property
(as described in the Development Agreement as "Property "); and,
WHEREAS, maximum density permitted on the Property, pursuant to Beach by
Design, is 150 units per acre; and,
WHEREAS, the Developer requests an additional ten (10) units from the Hotel
Density Reserve to increase the number of units from the Hotel Density Reserve to ninety
(90) and provide for 181 total overnight accommodations on the Property; and,
WHEREAS, upon completion of the project contemplated in the Development
Agreement as amended by this First Amendment, the existing hotel will contain its
existing 91 units and the new planned hotel will contain 90 units for a total of 181
overnight accommodations, which includes ninety (90) units from the available Beach
by Design Hotel Density Reserve ( "Amended Project "); and
WHEREAS, the City has conducted such hearings as are required by and in
accordance with Chapter 163.3220 Fla. Stat. (2011) and any other applicable law; and
WHEREAS, the City has determined that, as of the Effective Date of this First
Amendment, the proposed project is consistent with the City's Comprehensive Plan and
Land Development Regulations; and
WHEREAS, the City has conducted public hearings as required §§ 4 -206 and 4-
606 of the Community Development Code; and
WHEREAS, at a duly called public meeting on April 16, 2014 the City Council
approved this First Amendment and authorized and directed its execution by the
appropriate officials of the City; and
WHEREAS, the Community Development Board approved the design and site
plan associated with the Agreement pursuant to FLD2011- 05019, as modified through the
minor amendment process on February 25, 2014 ( "Site Plan");
WHEREAS, the Owner has requested approval of a further modified design in
contemplation of the additional ten (10) units pursuant to FLD2014- 03007; and,
WHEREAS, Developer has approved this First Amendment and duly authorized
certain individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
NOW THEREFORE, 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, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of this
Agreement.
SECTION 2. Incorporation 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. Number of Hotel Density Reserve Units Allocated.
Notwithstanding anything contained in the Development Agreement to the contrary,
section 6.1.5 and all references to the number of units allocated by the City pursuant to
the Hotel Density Reserve in the Development Agreement and its attachments shall be
amended to ninety (90) units and all references to the total number of units on the
Property shall be amended to one hundred eighty one (181) units.
SECTION 4. Parking. Section 4.2 shall be deleted and replaced to read as
follows:
The Project shall include 218 parking spaces, as defined in the Community
Development Code, of which 211 will be provided by a parking garage with 7
additional surface spaces being provided adjacent to the parking garage. The
parking garage, its accesses, and the surface spaces will be shared with the
existing adjacent Quality Hotel site and contains sufficient parking for both
hotels. (See 6.1.4)
SECTION 5. Approvals. Notwithstanding anything to the contrary contained in
the Development Agreement, including section 6.1.3.2, the Owner shall receive site plan
approval for the Amended Project within one year of the effective date of this First
Amendment.
SECTION 6. Ratification. Except as specifically modified herein, all terms,
conditions and obligations contained in the Development Agreement shall retain in full
force and effect and are reaffirmed by the parties hereto.
IN WITNESS WHEREOF, Developer has caused this First Amendment to be
executed this day of May, 2014.
In the Presence of:
Priirft Name: ,Pe,% S %�,4;-
.Penntel,20,
Print Name: Th.vne,la c ..
As to "Developer"
Clearwat ande Holdings, LLC
Stephen Page, as Manager/Member
Print Name:
Print Name:
As to "City"
STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER, FLORIDA
By:AL) -i..Q ‘--
William B. Horne II,
City Manager
Attest:
eth
Rosemarie Call, City Clerk
Countersigned:
— gor1QAcrlkks
3
moo
George N. Cretekos, Mayor
Approved as to Form:
i -
Leslie K. Dougall -Si
Assistant City Atto
The foregoing instrument was acknowledged before me the<9 , day of April,
2014, by Stephen Page, as manager of Clearwater Grande Holdings, LLC, a Florida
limited liability company. He is [Al personally known to me or has [ ] produced
as identification.
ot•oyp•.,, JANET L. KRUEGER
Nary Public - SUM of Maids
My Comm. Endres Jim 29, 2019
Commission di EE ilsws
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Notar, Public
Print Name: rl a.. h 401-
My Commission Expires: 6 /07.97/