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15-19
RESOLUTION NO. 15 -19 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND ALANIK PROPERTIES, ANCO HOLDINGS, LLC and NIKANA HOLDINGS, INC.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and the Developer are parties to that certain Hotel Density Reserve Development Agreement (the "Agreement ") dated September 10, 2014, and the Agreement is attached as Exhibit "A;" and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Agreement, as more fully set forth in the attached Exhibit "B;" and, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT between the City of Clearwater and ALANIK PROPERTIES, ANCO HOLDINGS, LLC and NIKANA HOLDINGS, INC., a copy of which is attached as Exhibit "B," is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this 20th day of August , 2015. georte (\cre\tkof Camilo A. Soto Assistant City Attorney George N. Cretekos Mayor Attest: Rosemarie Call City Clerk Resolution No. 15 -19 EXHIBIT A TO RESOLUTION 1 5-1 9 HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement") is dated the ;',(.12 day- of , 2014, and entered into between ALANIK PROPERTIES, LLC, ANC° HOLDINGS, LLC, and NIKANA HOLDINGS, LLC (collectively "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 (-('ity"), RECITALS: WHEREAS. one of the major elements of the City's revitalization eftbrt is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Honda Growth Management Act. Florida Statutes Chapter 163, Part 11, and entitled Beach by Design; and WHEREAS. Florida Statutes Sections t633220 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 WITIEREAS, under Section 1633223 of the Act, the City has adopted Section 4- h0( of the City of Cletawater 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 CI tote' Density Reserve") to be made available for such mid-sized hotel projects; and WIIERI':.AS, the Developer owns 1.994 acres of real property, ("Propeirty") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS. the Developer desires to develop the Property by demolishing existing hotel rooms and other uses m order to construct two hundred and twenty-seven (227) overnight accommodation units. meeting space for guest use, pool. new lobby and parking with 272 puking spaces, generally conforming to the architectural elevation dimensions shown in composite Fxhibit "B- (collectively the "Proiecr); and WI-IPRF AS the Property has not previously acquired density, Inim the f)estination Resort Density Pool. and WHEREAS. Upon completion the planned resort will contain 227 overnight accohurodation units, which includes 100 units from Mc available Motet Density Reserve -Reserve !nits"). ;mei KEN MAKE CLERK OE COURT AND COMP TROLLER PINELLAS COUNTY FL INSTs n10.71835 09,102014 ai 02:13 EN1 OFF REG 13641 PG: U. 1$2 Delypa‘:AOM RECORDING, $358 SD WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 1633225. Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS. the City has detemfined 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 autliorized 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 OE' 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 L R Is. The above recitals are true and correct and are a part of this Agreement SECTION 2. iticaulorititiou of AI Ad. This Agreement is catered 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, Property Subject to this Agrectueut, The Property described in Exhibit "Ak is subject to this Agreement ("Property"). 3.1 The Property currently has a and use designation of Resort Facilities High and is zoned Tourist -CT). 3.1. The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. 33 "Fhe Property is generally located at 401. 411, and 421 South Gtilfie ti.. Clearwater, II 33767. as further described in Exhibit -NI SECTION 4. Scope of Project. 4.1 The Project shall consist of 227 ovemigiht accommodation units Of the 227 overnight accommodation units, 100 units shaft be from the Flotel Density Reserve. 4.1 The Project shall include a minirnum of 272 parking spaces, as defined in the Code. 4.3 The design ofthe Project, as represented in Exhibit '13".. is consistent with Beach by Design, 44 The density of the Project shall be 114 units per acre. In no instance shall the density of a parcel of land exceed 117 units per acre. fhe height of the Project shall be 137%10" feet measured from I3ase 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 I lotel Density Reserve. SECTION 5. Effective Date/Duration of this Aereement. 5.1 ibis Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County. Honda pursuant to Honda Statutes Section 163,3239 and Code Section 4-606. Within fourteen 04) days after the City approves the execution of this Ageement, the City shall record the Agreement wiih 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 Mier the Agreement is tecorded. 5.3 This Agreement shall continue in effect for ten (10) years unless uniess earlier terminated as set forth herein. SECTION 6. Oblieations under this Agreeinn t 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 A.I. 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 pemnt review. 6.1.3 1 he following restrictions shall apply to development of the Proper, 6.4.3 1 To retain the grant of Reserve Units provided for herein, the Property and improvements located thereon shall be developed in substantial conformance with the Conceptual Site Plan attached as Exhibit W. 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 Iwo 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. 6,1.13 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 atter a hurricane watch that includes Clearwater Bench 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 irttegral part of the hotel use. There shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would he operated. Access to all units must be provided through a lobby and internal corridor. All units shall be available to the public for overnight transient hotel occupancy 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. No unit in the hotel shall be used as a primary or permanent residence. 6,1.7 No Full Kitchens., No unit shall have a complete kitchen facility as that two 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 Vil of Beach by Design. 6.1.10 Limitation on Amplified Music. Developer agrees that there shalt be no outdoor amplified music at the Hotel after 11:00 p.m. on Sunday through Thursday, or after 12:00 midnight on Friday and Saturday, 6.7 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan Applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the applications referenced in Section , 1 is subject to: 6.2,2,1 The provisions of Chapters 163 and 166, Florida Statutes. as they may govern such amendments: and 6,22.2 the expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement the Protect shall receive 100 units from the Hotel Density Reserve as defined in Beach by Design. contingent upon the provisions of Section 6.1..5, SECTION 7. public Facilities to Service Develoument. 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 corriply with the Metropolitan, Planning Organization's [MPG] or its successor's countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the Project shall include the following: • Recognition of standard data sources as established by the MPO; • Identification of level of service (LOS) standards for state and county risads as established by the MPO: • Utilization of proportional fair-share requirements consistent with Florida Statutes and the MPO model ordinance-. • litilization of the MPO 'fraffic Impact Study Methodology: and s 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 SeilliCeS, to be deposited with the City to secure construction of any new public tacilaies and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION IL royal The required local Acquired Local Goverrwtent s:, 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-o[- way utilization permits; 82 Construction plan approval(s); 8.3 Building permit(s); 8.4 Certificate( s) of occupancy; and SECTION 9. Finding of Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Nan 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 tut 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 tbr the Developer to be heard. SECTION 11. Other Terms and Conditions, Except in the ease 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 lithe 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) lhey are specifically anticipated and provided for in this Agreement: (d) The City demonstrates that substantial Ranges halve occurred 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 IL Compliance with Law, l`he 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, teriTiS Or restrictions% SECTION 13. Notices. Notices and communications required or desired to he 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: Alanik Properties, LLC 421 S. Gulfview Blvd. Clearwater. FL 33767 With Copy to: If to City: Brian J. Aungst, Jr. Macfarlane Ferguson & McMullen, P. A. 625 Court Street Clearwater, FL 33756 City of Clearwater ATTN: City Manager 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid. notices or communications shall he 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 (3R1) day hallowing 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. Assintnent. 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 hound by the terms of this Agreement the same as the Developer for such pan of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developers 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 he released from all such 3bligations hereunder which have been so assumed by the assignee. and the City agrees to execute an instnlnient evidencing such release, which shall be in recordable form. 14.1,3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided however, that 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 Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer arid, as applicable to the parties comprising Developer, their personal representatives. trustees. heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 1.5. Al°01nlinngt. The Developer will not be deemed to have tailed 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 ince nseq hernial nature. SECTION 16. Covenant of Cooperation. 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. Approvals Whenever an approval or consent is, required under or contemplated by this Agreement such approval cir consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION IS. Completion of reement. Upon the completion of performance of this Agreement ur its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed hy the parties hereto and recorded in the official records of the t SECTION 19. Entire Agreement This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof SECTION 20. Construction. Tice 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 wotdd render it invalid or unenforceable, such teim or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21, Partial Invalidity. 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. Counterparts. This Agreement may he executed in counterparts. all of which together shall continue one and the same instrument. SECTION 25. Amendment, This Agreement may he amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinance. and Florida law EN WETNESS ‘EVITEREOF the part iQs• have bereto executed this Agreement the date ad year first above written. IN WITNESS WHEREOF. Developer has caused this Agreement to be executed this day of , 2014. In the Presence of: Namel% Print Naine_ ( I I Ate .)1. As to "Developer" Alanik Properties, LLC., Anco Holdings, LLC, and Nikana Holdings, LLC B ole erne- OF CLEARWATER, FLORIDA By: (A) / Coe, A .244 Attest: William B Home 11. City Manager Rosemarie CaIL CMC, City C Countersigned: e4.9rtf.. Crt.1440S George N. eekos,Mayor ApproVed a4: Assistant City Attorney STATE OF FLORIDA COUNTY OF PINEIaLAS The foregoing Declaration was acknowledged ed before me this day of 2014. by � R. Cole, on behalf of Alanik Properties, LLC, Anon i loldin, Lit and Nikana Holdings, LLC. He is [ ] Personally known to me or has [ 1 produce identification. Print Name: Notary Public - State of Ftt rkda My Commission Expires; SCHEDULE "A" PROJECT LEGAL DESCRIPTION PARCEL 1 LOT 75 LESS THE NORTH 10 FEET THEREOF AND ALL OF LOTS 76 AND 77; THAT PART OF LOT 123 OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13. PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA, DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHEAST CORNER OF LOT 123 AND RUNNING THENCE ALONG ITS EASTERLY BOUNDARY, 25 FEET, THENCE WESTERLY IN A STRAIGHT LINE TO A POINT IN THE WESTERLY BOUNDARY OF SAID LOT. W1-11C1-1 IS MIDWAY BETWEEN ITS NORTHWEST AND 501 IFHWES1 CORNERS; EHENCE SOU IHERLY Al ONG THE WESTERLY BOUNDARY OF SAID LOT, 25 FEET, MORE OR LESS.1 0 1 HE SOUTHWES I CORNER 01 SAID LW FHENCE EASTERIN ALONG THE SOUTHERLY BOUNDARY OF SAID LOT TO THE POINT OF BEGINNING. AND LOTS L24, 125, 126 AND 127. ITOYD-WHITE-SKINNF,R SUBDIVISION, ACCORDING FO EHE MAP OR PLAT !HEREOF AS RECORDED IN PLAT BOOK 13. PAGES 12 AND 13. PUBLIC RECORDS OF PINELLAS COUNTY. FL( )R1DA. LESS "IHAT PAR r OF 101 127 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LO! AND RUNNING EASTERLY 3 FEET ALONG TIIE NORTI I BOUNDARY; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE SOUTHWEST CORNER OF SAID LOT; TI-1ENCE NORTH ALONG THE WESTERLY BOUNDARY TO THE POINT OF BEGINNING, AND LOTS 128 AND 129, LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13. PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 2: LoTs 72, 71 121, 122 AND THE NORTH ONE-1-LAI1 OF LOT 123, L LOYD- WH HE-SKINNER STIBDIVISION, ACCORDING TO TI1E PLAT THEREOF' RECORDED N 1 1 BOOK 13. PAGES 12 ANI)11, 1<1 'W' oF PiN11 .1 AS COI IN-P1` 11.0R ) 1 \((H LOT 74 AND THE NORTH 10 FEET OF LOT 75, LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF TIIE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOTAL COMBINED SITE AREA CONTAINS 86,880 SQUARE FEET OR 1.99 ACRES, MORE OR LESS, Survey, Concep ual Site Plan, and Architectural Drawings ALANIK HOTEL 401. 411.42` S. GULFV9EW BLVD. CLEARWATER. EL • Z '60,4 51i LEVEL • rfl't ALANIK HOTEL 401, 411, 401 S. GULFVIEW BLVD. CLEARWATf R. FL hat tcranecz • • , • : — LEVELS :10 20,3 z—t A2 6 1 ......„_... --..-T - _ r (1,.... ::„: II ' ALANIK HOTEL 401, 911 921 ^ CLEAR1AMT;. eh at- eteranecz ALANIK HOTEL 101, 411, 421 0 4302 CLEA 2WATER -FL. la D I( W ALANIK HOTEL 4D1, 411. 421 S. GULF VI CLEARWATER, FL CI1 e . petcra ALANIK HOTEL ;Y r, 4215 Gut •J:EYd BLVD. CLE.ARU:ATER, fi. 'l 'S331VhitV3l'S 3iATIf; l'5 1$0 t tb'lUP 1310H NINV 1V 1 ! [11717111 ALAN I K i I : HOTEL iti 401, 411, 421 5. GULFV1EW 81. VC : CLEARWATER. FL behar eterariecz ....... ...„ . PNG. ,youvr,. , garP.4.E. wn.a 1,...,1.1 1,..ys • - xmvi '— r. rg-frr,"180-OPV 47, • 4' jt* hum 2 • :awe se-,7m.m aw am sok wi .,..ne0Aft • WM, 0.0.0 .14104 ON VC. Asii,5 INA' a MI. VW ▪ tt., rosept., 5sS V811.1.1“.30.4 "a, Nat FRS nalery...ra 214 On. 0.1 aert • .4.1. .1,0. R.2.0. I, OW PR a,. 3 y AV Al,PPS: te.INSOMOR I /I / s n / 4' COMFY WOE trni=== PAhr BOUNAIY NYE, 11H:ET 1 CC 74 PANC7L 1° I !i•.1 • ,C , I .747. r.: ^ • • , 1 i NI ti ft tax_caorah 4* ,,, r /ii I, awe,. a me. x.de C 4x - a at A' ...t. peekTo.co • . --' . VOIlka WO GUM.: WaS WOO *MC MOM WO /10, A8/1,, VC.' 01344 WAS111..... Sir1/27.1741-247:2V=..741-71WEi.177z7F". ZiAtt 3.111::=4,14p0.4311:0A 1.1,70.11. W.A. lat oz: Km.-wr,..momaseellotaPmec ',J.:wow...4w, wss ob wle5) fa0=11.p 0•111“ VW iv MM./WM t.:0Q1, .$1.0 era Mae .01.1.0 SECTION 7, TNP. 29 S., R 11,icol stlil c3,css° 1 EXHIBIT C" COVENANT REGARDING HURRICANE EVACUATION and DEVELOPMENT, IISF. AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of , 2014, by ALANIK PROPERTIES, LLC, ANCO HOLDINGS, LLC, and NIKANA HOLDINGS, LLC, (collectively "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 Clearvvater 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 1 lotel 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 Cleaawater 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 assitms, 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 Resen'e 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 ot 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 Eleveloper, and other good and valuable consideratkm, the sufficiency ot winch is hereby acknowledged, Developer hereby declares covenants and agrees as. follows: . Benefit and Enforcement. Diese COVenants and restrictions are made for the benefit of Develiver and its successors and assigns and shall be entinv eable by they and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council oldie City. 2, Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the developm ent, 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.L1 227 units, 100 of which are units allocated to Developer from the Hotel Density Reserve, shall be used solely for transient occupancy of one month or thirty-one (31) 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. No unit shall be used as a primary or permanent residence. Access to the 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 lobbylfront desk area for a hotel would be operated. All units shall be required to be submitted to a rental program requiring the units to be available for members of the public as overnight hotel guests on a transient basis at all tittles. No twit 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 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. 11.1 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 1, 22 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable npori the issuance of a hurricane watch hy 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 llotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall triodif,s 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. 'I 'his Declaration shall become effective upon issuance of all building pennits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidenced by a Notice of Commencement for the Project This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. 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 Severabiliti. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will he 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. ltiAhe Presence of ..A — rintNartte---_;„ As tt) "Developer" Print -Nanie ALANIK PROPERTIES, LL C, ANCO HOLDINGS. LLC, and NIKANA HOLDINGS. LI ,C By • CITY OF CLEARWATER. FLORIDA Attest: Rosemarie Call, CMC, City Clerk Countersigned: George N. Cretekos, Mayor Approved as to Fe Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS By: Wiiliarn B Home 11. City Manager The foregoing Declaration was acknowledged before me this , j day of „ 2014. by Martin R. Cele, on behalf of Alanik Properties„ LLC, Aneo Holdings, LLC, and Nikana Holdings, LLC. He is personally known to me or has [ produced as identification. Print: Notary Public — State of Florida y Commission Expires: K A l'HY Si MITE ER C< e F0101 SCHEDULE "A" PROJECT LEGAL DESCRIPTION PARCEL 1 LOT 75 LESS THE NORTH 10 FEET THEREOF AND ALL OF LOTS 76 AND 77; THAT PART OF LOT 123 OF LLOYD - WHITE- SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 123 AND RUNNING THENCE ALONG ITS EASTERLY BOUNDARY, 25 FEET; THENCE WESTERLY IN A STRAIGHT LINE TO A POINT IN THE WESTERLY BOUNDARY OF SAID LOT, WHICH IS MIDWAY BETWEEN ITS NORTHWEST AND SOUTHWEST CORNERS; THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT, 25 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID LOT TO THE POINT OF BEGINNING, AND LOTS 124, 125, 126 AND 12 /, LLOYD -WHI Eft- SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS THAT PART OF LOT 127 DESCRIBED AS FOLLOWS.. BEGINNING AT THE NORTHWEST CORNER OF SAID LOT AND RUNNING EASTERLY 3 FEET ALONG TFIE NORTH BOUNDARY; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH ALONG THE WESTERLY BOUNDARY TO THE POINT OF BEGINNING, AND LOTS 128 AND 129, LLOYD- WHITE - SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 2, LOTS 72, 73, 1.21; 122 AND THE NORTH ONE -HALF OF LOT 123, LLOYD - WHITE- SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, PARCEL 3; LOT 74 AP THE NORTH 10 FEET 0 LOT 75, LLOYD-uVHITE SKINNER UBDIVISI0 ACCORDING TO TH PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGE COUNT Y, FLORIDA. 14 I; II.I:I ,T.. A E D 13, OF I HE PUBLIC RECORDS OF PINELLAS MORE EXHIBIT "D" COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE, THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this 2' ot 2014. by (-Developer"). WITN ESSETH: 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, T1 IEREFORE. 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 he developed and operate,1 as a limited-service hotel project, as described in the .Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real. Property or any portion or portions thereof to unrelated third-parties. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement, Notwithstanding the .foregoing. all Hotel Units may be operated by 4. single hotel operator,. In the Presence of Di As to -Developer Alanik Properties. LX, Anco Holdings, LLC. and Nikana Holdings EC CITY OF CLEARWATER. FLORIDA By *k. j William B Home H. City Manager Attest: *„. ( Rosemarie Call. CMC, City (le Countersigned.: George N. t tkus M ayor Npproved t4) Form: ;A Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this , day of 2014, by Martin R. Cole, on behalf of Alanik Properties. IA...C. Anco Holdings, LLC. and Nikana Holdings, 1,LC He is Nrpersonally known to me or has [ produced as identification, Print: Notary Public — State Of Florida Commission Expires: .A.,4,....."0444, KATH Y M M ITLE R apowsstoN EarMtii XPf IKE; "WSW 2fli 5 Now, A1408 61 SCHEDULE "A" PROJECT LEGAL DESCRIPTION PARCEL 1: LOT 75 LESS THE NORTH 10 FEET THEREOF AND ALL OF LOTS 76 AND 77, THAT PART OF LOT 123 OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT WE SOUTHEAST CORNER OF LOT 123 AND RUNNING THENCE ALONG ITS EASTERLY BOUNDARY, 25 FEET; *LHENCE WESTERLY IN A STRAIGHT LINE TO A POINT IN THE WESTERI .Y BOUNDARY OF SAID LoT. WHICH IS MIDWAY BE IWEEN ITS NORTHWEST AND SOUTHWEST CORNERS: THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT, 25 FEET, MORE OR LESS, To THE SOUTHWEST CORNER OF SAID LOT; THENCE EASTERLY ALONG i'llE SOUTIIERLY BOUNDARY OF SAID LOT TO THE POINT OF BEGINNING. AND LOTS 124, 125, 126 AND 127, LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLA 1 1 HEREOF AS RECORDED IN PLA,L BOOK 13, PAGES 12 AND 13, PUBLIC, RECORDS OF PINELLAS COUNTY, FLORIDA, LESS THAT PART OF 1.01 127 DESCRIBED AS FOLLOWS: BEGINNING AI 111E NORTIIWI',ST CORNER OF SAID LOT AND RUNNING EASTERLY 3 FEET ALONG THE NORTH BOIJNDARY; THENCE SOUTHWESTERLY IN A STRAIGITY LINE 'f0 THE SOUTHWEST CORNER OF SAID LOT: THENCE NORTH ALONG THE WFSTFRI Y 1101 INDARY To POIN'l OF BEGINNING, AND LOTS 128 AND 129, LLOYD-WITITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT ROOK 13, PAGES 12 AND 13„ PUBLIC RECORDS OF PINIF,LLAS COUNTY, FLORIDA, PAR.C13.1.., 2 L41)TS 7.3, 121.. 122 AND Till:, NORTH M1111'..-LIAL.,F OF LOT. 123, 1..,1„.0YD VIIITE-SKINNER 113DIVISION, At 'CO PLAT THEREOF R1( 7()RI)LTH N P1 .AT BOOK I PAGFS 12 AND I I, P111II. 8! 01' FLORIL1A 1.1...,\1,1( I LOT 74 AND THE NORTH 10 FEET OF LOT 75, LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK )3, PAGES 12 AND 13, OF TIIE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOTAL COMBINED SITE AREA CONTAINS 86,880 SQUARE FEET OR 1.99 ACRES, MORE OR LESS. EXHIBIT B TO RESOLUTION 15 -19 FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ( "Amendment ") is dated the day of , 2015, and entered into between ALANIK PROPERTIES, LLC, ANCO HOLDINGS, LLC, and NIKANA HOLDINGS, LLC (collectively "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 "). WITNESSETH: WHEREAS, the City and the Developer are parties to that certain Hotel Density Reserve Development Agreement (the "Agreement ") dated September 10, 2014; and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Agreement, as more fully set forth herein below; and NOW, THEREFORE the City and the Developer agree as follows: 1. Exhibit `B," attached to the Agreement is hereby amended and restated in its entirety and shall hereafter be and read as provided in Exhibit "B," attached to this Amendment and incorporated for all purposes. 2. Section 4.4 is amended to read as follows: The density of the Project shall be 114 units per acre. In no instance shall the density of a parcel of land exceed 117 units per acre. The height of the Project shall be 150 feet measured from Base Flood Elevation, as defined in the Code. The maximum building heights of various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. 3. Section 6.1.3.2 is amended to read as follows: The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within six (6) months from the effective date of this Amendment in accordance with 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 the 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 the Agreement in accordance with Section 10. 4. This Amendment embodies the entire agreement between the City and the Developer with respect to the amendment of the Agreement. In the event of any conflict or inconsistency between provisions of the Agreement and this Amendment, the provisions of this Amendment shall control and govern. 5. Except as specifically modified and amended herein, all of the terms, provisions, requirements and specifications contained in the Agreement remain in full force and effect. Except as otherwise expressly provided herein, the parties do not intend to, and the execution of this Amendment shall not, in any manner impair the Agreement, the purpose of this Amendment being simply to amend and ratify the Agreement, as hereby amended and ratified, and to confirm and carry forward the Agreement, as hereby amended, in full force and effect. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: /S94,1- Print Name 1 C t./ s ti` T ( Alanik Properties, LLC, Anco Holdings, LLC, and Nikana Holdings, LLC As to "Developer CITY OF CLEARWATER, FLORIDA By: William B Home II, City Manager Attest: Rosemarie Call, CMC, City Clerk Countersigned: George N. Cretekos, Mayor Approved as to Form: Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this day ofI /q, 2015 by Martin R. Cole, on behalf of Alanik Properties, LLC, Anco Holdings, LLC, and Nikana Holdings, LLC. He is personally known to me or has [ ] produced identification. Notary Public — State of Florida My Commission Expires: „0'4%,,, KATHY M MITTLER ' S+P - ►`. Notary Public - State of Florida • Commission # FF 244106 .�.- My Comm. Expires Aug 26, 2019 ` 4 OWN tbraugr National Notary Assn. FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT Countersigned: CITY OF CLEARWATER, FLORIDA By: George N. Cretekos William B. Home II Mayor City Manager Appr • ed to •' PP s id/ 41.4a16-- , Camilo A. Soto Assistant City Attorney Attest: Rosemarie Call City Clerk Exhibit "B" to HDA Survey, Conceptual Site Plan, and Architectural Drawings CLEARWATER HOTEL Site Plan Submittal July 7, 2015 CLEARWATER HOTEL Clearwater, FL No mpies, harsmusions, reproductions, or electronic ,visions of anypomoos of These drawings m whole Of in pmt be made without the express written permission of Zyscovich Architects. AV l designs indicated in these drawings am property oiZyscavich Architects. Al copyrights reserved © 2015 RENDERINGS ZYSCOVICH P N H 1 1 _ LOON Brzeptl. 27■11 Fl 9C6,972 WM S6577.4521 July 7, 2015 A-1 02 CLEARWATER HOTEL Clearwater, FL N o c o p i e s , h a n s m i s s i o n s , r e p r o d u c t i o n s , or electronic revisions of any poreons of Mese drawings in whole orb part be made 015001 050 express written permission of Zyscovich Architects. All designs indicated in these drawings are proped y of Zyscovich &detects. All copyrights reserved 0 2015 SITE PLAN ZYSCOVIC H tC I 5 ICON etscayne Stra 27,11F1 I"M3T:2- WS 577,521 July 7, 2015 1 = 50-0 A-103 :,=== • Measured along a wrv. CLEARWATER HOTEL Clearwater, FL No copies, transmissions, reproductions. or electronic revisions of any portions of these drawings in whole or in part be made without the express written permission of Zyscovich Architects. NI designs indicated in these drawings are property of ZyscoWch Architects. NI copyrights reserved © 2015. GROUND FLOOR PLAN July 7, 2015 1' = 50-0" A -104 ZYSCOVICH 15 905 5,7 .521 •M.ens.d along . a,v. CLEARWATER HOTEL Clearwater, FL No copes, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or in part be made without the express written permission of Zysco.ich Architects. All designs indicated in these drawings are property of Zyscavich Architects. All copyrights reserved ® 2015. FIRST FLOOR PLAN July 7, 2015 1" = 50'-O' A -105 ZYSCOVICH P H N I I t C ■ 5 mssnszx i soasnaez� • Measured along a curve CLEARWATER HOTEL Clearwater, FL No copes, transmissions, reprodocbbns, or electronic revisions of any portions of thew drawings in whole or in part be made without the express written permission of Zyscovich Architects. All designs indicated in these drawings are property of Zyscovich Architects. All copyrights reserved ® 2715. SECOND FLOOR PLAN ZYSCOVICH 30.s725222 l arssri 521 July 7, 2015 1" = 50' -0" A -106 I �m • Measured along a cum CLEARWATER HOTEL No copes, transmissions, reproductions, or electronic revisions olany portions of these drawings in whole or in part be made without the express written permission of Zyscovkh Architects. All designs indicated in these drawings are property of Zyscovich Architects. Flt copyrights reserved ® 2015. THIRD FLOOR PLAN ZYSCOVICH P N: H 1 1 G C 1 5 July 7, 2015 1" = 50' -0" A -107 ' Measured along a curve CLEARWATER HOTEL Clearwater, FL No copies, transmissions, reproductions, orelacbonic revisions of any portions of these drawings in whole or/n part be made without the express written permission of Zyscovich Architects. Al designs indicated in these drawings am property of Zyscovich Architects. All copyrights reserved © 2015. FOURTH FLOOR PLAN ZVSCOVICH P M :. M I N . . 1 1 1 1 S July 7, 2015 1" = 50-0" A -108 I nmtn �m • Measured along a curve CLEARWATER HOTEL Clearwater, FL No copies, transmissions, reproductions, or electronic revisions al any portions el these drawings le whole or in pan be made without the express written permission siZyscnvicn Architects. All designs indicated in these drawings are properly of Zyscovich Architects. AN copyrights reserved ® 2015. FIFTH FLOOR PLAN ZYSCOVICH Fl H L H 1 1 0 1. I 5 .os.vz.em i aoss+452, July 7, 2015 1" = 50-0" A -109 Measured along curve CLEARWATER HOTEL Clearwater, FL No copies, transmassions, reproductions, or electronic naviskIns of any portions ol these drawings in whole or in part be made without the express wfitten penni.sion of Zyscoweh rirchitecN. All designs indicated in these drawings are properly ol Zyscovich Architects. Al! copyrights mewed eh 2015. TYP. HOTEL FLOOR PLAN ZYSCOVICH PRLNIILCIS 1 Ca N 54.5222¢ 052 2715 21 Alum 5439199 9054 1 305.972 5229 1 905 577 4521 July 7, 2015 1' = 50,0" A-109.1 CLEARWATER HOTEL • No copies, hansmissions, reproductions, or electronic revisions of any portions of these drawings in whole or in part be made without the express written permission of Zyscovich Architects. All designs indicated in these drawings are property or Zyscovich Architects. AffoopyAghts reserved g 2015. ray oar, 1814•11101rnal .r.r W-r1619 @blew 1,11419 ay, NORTH ELEVATION ZYSCOVICH 1(LHI I Ll I S Mum 44 36 32 2304 I X6372 5212 305 577 4521 July 7, 2015 1'' = 40,0 A-110 :==.= Clearwater, F CLEARWATER HOTEL No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or in part be made without the express written permission of Zyscovich Architects. All designs indicated in these drawings are property of Zyscavich A nhitects. All copyrights reserved 0 2715 EAST ELEVATION July 7, 2015 1" = 40-0" A -111 w'vm.wm ZYSCOVICH Mom CLEARWATER HOTEL Clearwater, FL No copies, transmissions, reproductions, or electronic revisions of any portions of these drawurgs in whole or in part be made without the express written permission of Zyscovich Architects. AN designs indicated in these drawings are property of Zyscovich Architects. All copyrights reserved © 2015. WEST ELEVATION ZYSCOVICH P il: M I I c C 1} 10311 Biscayne BA, znn Gt Marro . 33132.2.4 t 305 372 5222 1 335 577 4521 July7, 2015 1" = 40-0' A -112 'we Fu .:w raitat w#.ra0 N/fr OW 'MO allow 1- w.rwa Astowl air w_1,1_ w. awe w 16tH 1. ., • CLEARWATER HOTEL Clearwater, FL no #.f #.I #.f Yf va No copies, transmissions, reproductions, or elect,orxc revisions of any portions et these drawings in whole or in part be made without the express written permission of Zyscnvich *Wools. NI designs indicated in these drawings are popery of Zyscovich Architects. All copyrights renewed ® 2015. SOUTH ELEVATION ZYSCOVICH A k .. H l l t c. I i It.5372 szzz NORTHEAST VIEW SOUTHWEST VIEW CLEARWATER HOTEL No copes, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or in part be made without the express written permission of Zyscovlch Architects. AA designs indicated in these drawings are property of Zyscovich Architects. All copyrights reserved CO 2015. SOUTHEAST VIEW 3D VIEWS ZYSCOVICH M A N: H I I t C I) swsrzs NORTHWEST VIEW July 7, 2015 A -114 wm n•r sr or,("' ii1• pry Y p CLEARWATER HOTEL Clearwater, FL No copies, transmissions, reproductions, or electronic revisions of any potions of these drawings in whole or in part be made without On express written permksion of Zyscovlch Architects. NI designs indicated in these drawings are property of Zyscsvich Architects. All copyrights MO/118d ® 2715. lb MASSING DIMENSIONS ZYSCOV IC H A 11 L o 1 I t C/ S I M3os.arz. CLEARWATER HOTEL Clearwater, FL TOWER SEPARATION DIAGRAM July 7, 2015 A -116 No copes, transmissions, reproductions, or ebcbonic reasons of any pardons of these drawings in wbhie Of pert be made without the express written pemnissimn of ZyscoWor Architects. Apr designs indicated in Meese drawings are property of Zysc oich Architects. All copyrights reserved ® 2015. ZYSCOVICH,,,sm,�a„ iiIiIiu'D 1 I V A Gross Area X \ I 18,443 ',. ,' -1T, 74 LI- CLEARWATER HOTEL Clearwater, FL Site Area = 86,660 SF Allowable Height = 150' Podium Level = 45 Calculated Height = 105 Site Volume at Tower = 9,122,400 CF Gross Area at Podium = 16,443 SF Tower Volume = 1,726,515 CF Ratio Tower Volume to Site Volume at Tower = 19% No copies, Tansmssbns, reproductions, or electronic revisions of any portions of Meese &wipe in thole or in part be made without the express written permission of Zyscavich Architect. All designs indicatedn these drawings ale property of Zyscovich Architects. An copyrights reserved ® 2715. nII BUILDING ENVELOPE ZYSCOV IC H A 0. H I I t, 1 S .N Biscayne BNO 27tn Fl Warn FL93-132 2304 I 905372.6222 ,06.577.21 July 7, 2015 1" = 50-0' A -117 Carwrr FL CLEARWATER HOTEL No copies, transmissions, reproductions, or electronic revisions of any portions of mese drawings in whole or in part be made without the express written permission of Zyscovloh Architects. All desIpns indicated in these drawings are property of Zyscovich Architects. All copyrights reserved © 2015 BASE COLOR: WHITE DECORATIVE SCREENS DECORATIVE SCREENS GLAZING PROPOSED BUILDING COLORS July 7, 2015 A -118 I� Khrom ZYSCOVICH a H L H I! t C I> t 305372.22 , .5 577°5,