TERMINATION AND RELEASE OF A HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENTKEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2017258120 08/17/2017 at 03:22 PM
OFF REC BK: 19745 PG: 670 -672
DocType:TERM RECORDING: $27.00
TERMINATION AND RELEASE OF A HOTEL DENSITY RESERVE
DEVELOPMENT AGREEMENT
THIS TERMINATION AND RELEASE OF A DEVELOPMENT AGREEMENT
(the "Termination "), between Bayway Hotel Holdings, LLC. (the Property Owner) and
the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of
Florida acting through its City Council, the governing body thereof (the "City ") is dated
the 1t day of Qu .c-a-+ , 201-7 .
RECITALS:
WHEREAS, the City of Clearwater entered into a Development Agreement (the
"Agreement ") with the "Property Owner," for the allocation of up to 15 units from the
Hotel Density Reserve, under Beach by Design, for the Property at 706 Bayway
Boulevard, Clearwater, FL 33767 (the "Property "); and
WHEREAS, the Agreement was adopted by the City Council on December 2,
2014, via Resolution No. 14 -35; and
WHEREAS, as a condition of approval for the allocation of up to 15 units from
the Hotel Density Reserve under Beach by Design, Section 6.1.3.1 required the Property
Owner to develop the Property in substantial conformance with the conceptual site plan
attached to the Agreement; and
WHEREAS, the City has determined that the Property Owner has abandoned
development of the Property consistent with conceptual site plans that were part of the
Agreement, and the Property Owner sought approval for entirely new site plans, which
were approved by the Community Development Board on March 21, 2017 as part of a
Level II Flexible Development application (FLD2016- 12039) for Resort Attached
Dwellings; 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 desires to terminate said Development Agreement due to the
Property Owner's failure to comply with the terms of the Development Agreement; and
WHEREAS, at a duly noticed and convened public meeting on
ki w s , 2011, the City Council thereby passed Resolution 17 -09
consentijg to the termination and release of the Development Agreement; and
WHEREAS, termination 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
NOW, THEREFORE, in consideration of the recitals set forth above, which are
incorporated herein by this reference, Ten Dollars ($10.00) in hand paid, and for other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the City terminates the Agreement and hereby releases the Property
from all terms, conditions, agreements, grant of rights, and covenants contained in the
Agreement, including, without limitation, the allocation of up to 15 units from the Hotel
Density Reserve. The City hereby affirms that: (a) no provision, term, covenant or
condition in said Agreement remains in effect as of the date hereof; and (b) the
Property retains no right, title or interest of any kind or nature in said Hotel Density
Reserve units.
THIS TERMINATION AND RELEASE has been executed as of the
above -written date by the City.
CITY Lt) CLEARWATER, FORIDA
By: W I. :.a�.L�,�t) 6. ii1644-tu
William B. Horne II
City Manager
Attest:
Rosemarie Call, City Clerk
Countersigned:
Zt7jiQnCrtkos
George
retekos, Mayor
pproved as t
Assistant City Attorney
[GM 14- 1420 - 167/201686/ 1 ]
STATE OF FLORIDA
COUNTY OF PINELLAS
The Foregoing instrument was acknowledged before me this /1 day of
, 2017 , by GEORGE N. CRETEKOS, as Mayor of the City of
Clea ater, Florida, who is [ ✓f personally known to me or has [ ] produced
as ident:iftcation.
Notary Public
Print Name:
Notary Public State of Florida
f 4 Patricia A Kuligowski
My Commission FF 044268
o 11.4if Expires 10/20/2017
STATE OF FLORIDA
COUNTY OF PINELLAS
My Commission Expires: to -020- /7
The foregoing instrument was acknowledged before me this 11149‘ day of
OA" , 201'1, by WILLIAM B. HORNE, II, as City Manager of the
City or Clearwater, Florida, who is [ ✓ - personally known to me or who has [ ]
produced as identification.
SANDRA HARRIGER
MY COMMISSION # FF930375
"��� EXPIRES: January 04, 2020
[GM 14 -1420- 167/201686/1]
Notary Public ou
Print Name: S r�� Q j
My Commission Expires 1,4 ��,,o