19-03RESOLUTION NO. 19-03
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND DECADE
PROPERTIES, INC.; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with Decade Properties, Inc.; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Development Agreement between the City of Clearwater and
Decade Properties, Inc., a copy of which is attached as Exhibit "A," 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 '' {n day of Ttbrua.4.41 , 2019.
— fid f\ C. (1 ("4.VALIf
George N. Cretekos
Mayor
Approved as to form: Attest:
Michael P. Fuino
Assistant City Attorney
/4L/1/u '2 (✓
Rosemarie Call
City Clerk
Resolution No. 18-18
HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
("Agreement") is dated the day of, 201_, and entered into
between DECADE PROPERTIES, INC. ("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 reserve of additional hotel units
("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer owns 0.66 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 to provide 60 overnight
accommodation units, pool, lobby and parking, generally conforming to the architectural
elevation dimensions shown in composite Exhibit "B" (collectively, the improvements are
the "Project"); and
WHEREAS, the Property has not previously acquired density from the Hotel
Density Reserve; and
WHEREAS, upon completion the planned hotel will contain 60 overnight
accommodation units, which includes 27 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
, 201_, 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. 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. Property 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
(RFH) 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 850 Bayway Blvd. as further described
in Exhibit "A".
SECTION 4. Scope of Project.
4.1 The Project shall consist of 60 overnight accommodation units including 27
overnight accommodation units from the Hotel Density Reserve and have a density no
greater than 150 units per acre.
4.2 The Project shall include a minimum of 80 parking spaces, as defined in the
Code.
4.3 The design of the Project, as represented in Exhibit "B", is consistent with
Beach by Design.
4.4 The height of the Project shall be up to 80 feet 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 and thirty (30) days have elapsed
after transmitting to the Florida Department of Economic Opportunity, pursuant to Florida
Statutes section 163.3239 and Code section 4-606.G.2.
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 twenty (20) 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.
Property:
6.1.3 The following restrictions shall apply to development of the
6.1.3.1 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 "B". Any
modifications determined by the Planning and Development 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 hurricane watch that includes Clearwater Beach is posted by the National
Hurricane Center.
6.1.4 Covenant of Unified Use. Prior to the issuance of the first building
permit for the Project, the Developer hereby agrees to execute the covenant of unified use
and development for the Project Site providing that the Project Site shall be developed and
used as a single project, the form of which covenant is attached as Exhibit "D"; provided
however, that nothing shall preclude the Developer from selling all or a portion of the
Developer's Property in the event that Developer determines not to construct the Project. It
is understood and agreed that, in the event that the Developer enters into the anticipated
covenant of unified use and development, and the Developer elects not to construct the
Project and notifies the City of its election in writing, and, alternatively, as of the date of
expiration, termination or revocation no rights of Developer remain or will be exercised to
incorporate the Hotel Density Reserve Units into the 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. 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.
6.1.10 Limitation on Amplified Music. Developer agrees that there shall be
no outdoor amplified music at the Project at any time.
6.1.11 Limitation on Bar Service. The Developer agrees that there shall be
no indoor or outdoor bar or lounge for the service of alcohol. Alcoholic beverage sales
shall be limited to incidental sales of beer and wine only (i.e. cooler sales).
6.1.12 Availability of Parking Spaces. The Developer agrees that none of
the on-site parking spaces will be available for sale or lease to the general public and that
all parking spaces on the site will be for the sole use of hotel staff and/or guests and/or
patrons of the 16 -slip marina facility.
6.1.13 Limitation on Restaurant Service. The Developer agrees that there
shall be no restaurant use located anywhere on the site at any time with the exception of
basic food service such as a typical "Continental Breakfast" or the sale of prepackaged food
such as sandwiches and snack for hotel guests only.
6.1.14 Limitation on Marina Facility.
6.1.14.1 The Developer agrees that activities such as
servicing, fueling, pumping -out, commercial chartering and/or and dry -storage of
boats and boating equipment is strictly prohibited.
6.1.14.2 The Developer agrees that the number of conveyable
marina slips shall be limited to no more than 16. The City acknowledges that there
are 10 additional marina slips for the sole use of the hotel. The Developer may
increase the number of conveyable marina slips only if the Developer increases the
number or parking spaces to meet compliance with the Community Development
Code.
6.1.14.3 The Developer agrees that any conveyable marina
slips shall be limited to sale and/or lease to privately -owned boats rather than
commercial vessels for hire.
6.1.14.4 The Developer agrees that a deed restriction outlining
Sections 6.1.11.1 through 6.1.11.3 shall be submitted to Staff prior to the issuance
of any permits.
6.2 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 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.
6.2.3 The project shall receive 27 units from the Hotel Density Reserve as
defined by Beach by Design. In no way shall this be construed to permit the
development density of the Property to exceed 150 units per acre.
SECTION 7. Public Facilities to Service Development. The following public
facilities are presently available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrency ordinance provisions
applicable at the time of development approval. The requirements for concurrency as set
forth in Article 4, Division 9, of the Code, have been satisfied.
7.1 Potable water is available from the City. The Developer shall be responsible
for all necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
7.4 Drainage facilities for the Property will be provided by the Developer at the
Developer's sole expense.
7.5 The Project shall comply with the Metropolitan Planning Organization's
[MPO] or its successor's countywide approach to the application of concurrency
management for transportation facilities, and the transportation analysis conducted for the
Project shall include the following:
• Recognition of standard data sources as established by the MPO;
• Identification of level of service (LOS) standards for state and county roads as
established by the MPO;
• Utilization of proportional fair -share requirements consistent with Florida
Statutes and the MPO model ordinance;
• Utilization of the MPO Traffic Impact Study Methodology; and
• Recognition of the MPO designation of "Constrained Facilities" as set forth in
the most current MPO Annual Level of Service Report.
7.6 All improvements associated with the public facilities identified in
Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of
occupancy.
7.7 Developer agrees to provide a cashier's check, a payment and performance
bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities
and services, to be deposited with the City to secure construction of any new public facilities
and services required to be constructed by this Agreement. Such construction shall be
completed prior to issuance of a Certificate of Occupancy for the Project.
SECTION 8. Required Local Government Approvals. 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 Consistency. 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. Compliance 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 Properties, Inc.
13555 Bishops Court, Suite 345
Brookfield, Wisconsin 53005
With Copy to: Brian J. Aungst, Jr., Esq.
625 Court Street, Suite 200
Clearwater, Florida 33756
If to City: City of Clearwater
Attn: City Manager
112 South Osceola Avenue
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed delivered
and received on the day of hand delivery, the next business day after deposit with an
overnight courier service for next day delivery, or on the third (3rd) day following deposit
in the United States mail, certified mail, return receipt requested. The parties may change
the addresses set forth above (including the addition of a mortgagee to receive copies of all
notices), by notice in accordance with this Section.
SECTION 14. Assignments.
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations in
and to the Project, or any part thereof, only with the prior written notice to the City,
provided that such party (hereinafter referred to as the "assignee"), to the extent of
the sale, conveyance, assignment or other disposition by the Developer to the
assignee, shall be bound by the terms of this Agreement the same as the Developer
for such part of the Project as is subject to such sale, conveyance, assignment or
other disposition.
14.1.2 If the assignee of the Developer's right, title, interest and obligations
in and to the Project, or any part thereof assumes all of the Developer's obligations
hereunder for the Project, or that part subject to such sale, conveyance, assignment
or other disposition, then the Developer shall be released from all such obligations
hereunder which have been so assumed by the assignee, and the City agrees to
execute an instrument evidencing such release, which shall be in recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, limited liability company, general
partnership, or joint venture, in which the Developer (or an entity under common
control with Developer) has either the controlling interest or through a joint venture
or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an assignment
or transfer subject to any restriction on or approvals of assignments or transfers
imposed by this Agreement, provided, however, that 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 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 -Compliance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such noncompliance,
in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential
nature.
SECTION 16. Covenant of 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 or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Completion of Agreement. Upon the completion of performance
of this Agreement or its revocation or termination, a statement evidencing such completion,
revocation or termination shall be signed by the parties hereto and recorded in the official
records of the City.
SECTION 19. Entire 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. 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 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 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 hav eto executed this Agreement the date
and year first above written.
In the Presence of:
Print Name
As to Developer
P nt Name
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Attest:
Rosemarie Call, City Clerk
Countersigned:
George N. Cretekos, Mayor
Approved as to Form:
Michael Fuino,
Assistant City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION:
LOT 12, BLOCK D, OF BAYSIDE SUBDIVISION NO. 6, UNIT "A", ACCORDING TO THE
MAP OR PLAT THEREOD A S RECORDED IN PLAT BOOK 51, PAGES 48 AND 49, PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA
LOTS 13, 14, AND 15, BLOCK D, OF BAYSIDE SUBDIVISION NO. 6, UNIT "C",
ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 55,
PAGES 19 AND 20, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
FLOOD STATEMENT:
THIS PROPERTY LIES IN FLOOD ZONE "AE", BASE FLOOD 11, ACCORDING
F.E.M.A. FLOOD INSURANCE RATE MAP # 12103C0104G, DATED
SEPTEMBER 3, 2003.
EXHIBIT "B"
Conceptual Site Plan
PROPOSED HOTEL WITH 60 GUEST UNITS: 850 BAYWAY BLVD.
CLEARWATER, FLORIDA EXHIBIT 'B'
DRAWING INDEX
1. SITE PLAN
2. FLOOR PLAN @ GARAGE ENTRY
2A. TRAFFIC GEOMETRY
3. TYPICAL FLOOR PLAN LEVELS 1,2,3
4. FLOOR PLAN LEVEL 4
5. TYPICAL GUEST ROOM LEVELS 5,6,7
6. SOUTH ELEVATION @ BAYWAY
7. WEST ELEVATION
8. NORTH ELEVATION, WATERSIDE
9. EAST ELEVATION
10. MASSING STUDY
11. CROSS SECTION
12. ENCLOSED LOBBY TO ELEVATOR
CONNECTION @ GRADE
13. TYPICAL ENCLOSED CORRIDOR TO GUEST ROOM
CONNECTIONS, LEVELS 2,3,4
14. TYPICAL ENCLOSED CORRIDOR TO GUEST ROOM
CONNECTIONS, LEVELS 5,6,7
15. BUILDING CROSS SECTION SHOWING ENCLOSED
CORRIDORS @ LEVELS 1 THROUGH 7
INCLUDING DRC RESPONSE NARRATIVE ATTACHED
PREPARED FOR DECADE PROPERTIES INC. NOVEMBER 14, 2018
Aude Smith Architecture, AIA Clearwater, Florida
-PROPERTY LINE
EDGE OF EXISTING DOCK
EXISTING DOCK W/ 26 SUPS
240'
10'
PROPOSED HOTEL
7 GUEST ROOM FLOORS
OVER PARKING AT GROUND
TYPICAL RO
TRELLIS OV
MECH. ROO
GREEN SPACE
240'
V
EXIT ONLY
SITE PLAN
5' SIDEWALK
SEE GRADE LEVEL GARAGE PLAN SHEET 12
ENTRANCE • ONLY
SITE ANALYSIS:
850 BAYWAY
1.51TE AREA . 0.66 AC . 28,600 SF
2. DENSITY:
A) PROPOSED HOTEL UNITS. 60
B) PROPOSED DENSITY, 90 UNITS /ACRE
INCLUDING 27 UNITS FROM HOR
C) ALLOWABLE DENSITY, 99 UNITS/ACRE
3. PROPOSED USE:
A) HOTEL WITH OVERNIGHT
ACCOMODAIION5.
8) SECOND USE DOCK WITH 26 BOAT SLIPS
(EXISTINGL
4. BUILDING AREA:
A) HOTEL USE . 83,578 5F
B) PARKING STRUCTURE . 76,346 SF
0 TOTAL AREA . 159,924 SF
5. PARKING
AI PARKING REQUIRED • 1.2 SPACES PER
UNIT.
72 CARS
R) PARKING ALLOCATION FOR EXISTING 26
BOAT
SLIPS, (SECOND USE)
al 10 OF 26 EXISTING SLIPS ARE
RESERVED FOR
TRANSIENT USE BY HOTEL GUESTS.
b) REMAINING 16 EXISTING SLIPS
REWIRE ONE SPACE PER TWO SUPS.
OR 8 SPACES.
U PARKING SUMMARY FOR BOTH USES.
TOTAL PARKING REQUIRED. 50
TOTAL PARKING PROVIDED . 80
6. PROPOSED SETBACKS
A) FROM . 12 FEET
B) SIDE YARD .IO FEET
C) REAR. 5 FEET WITH BALCONIES
EXTENDED MOVE 5'
7. IMPERVIOUS SURFACE RAM: (15R)
N 1515 PROPOSED ..92
81 15R PUNTED).
0 25 50
trwrivni
+.,�/I��I I I 1 1 11 11II�(I��I� 11�1:I:
19mRuul,;�:,�
GRAPHIC SCALE
1
EXISTING MARINA
rn
NE
SE ma li m Eli
i.....r.�.�u����.....�.pi ._r
■■mukol�• ! 1
—1U111 �■MI■IIII
illr- Pr
■■
MINM
04%,
OF NM■ .ice
PARKING, 26 CARS
LEGEND
O GUEST REGISTRATION
0 GUEST ARRIVAL AREA
O3 OPEN ELEVATOR AREA LOBBY
O PARKING FOR DISABLED
WITH ACCESS ROUTE (4)
O 20' SIGHT VISIBILITY
TRIANGLES
0 STORAGE
0 DUMPSTER STORAGE AND
MECHANICAL SPACES
OB DUMPSTER ROLL-OUT AREA
SEE NARRATIVE
09 TYPICAL 9'x19' PARKING
SPACES
10 ACCESS RAMP TO PARKING
ON GUEST LEVELS 1-4 ABOVE.
SLOPE NTE 10%; 24' WIDE
11 EXISTING DOCK
12 PEDESTRIAN ACCESS FROM
SIDEWALK ON BAYWAY
• 13 LANDSCAPED (GREEN) SPACE
14 BENCH SEATING
v
EXIT ONLY
S' SIDEWAL
BAYWAY BLVD.
GARAGE AND ENTRY LEVEL
AT EXISTING GRADE
•r
ENTRANCE ONLY
N
0
25
50
QRIWIIIIwg,nuu1N011R
111111m!uml
GRAPHIC SCALE
z
cW
Q
00Fe
w > 0
w �-
p
Z Q Q
D W
CD
O >
co
"0-
u-)
J
a CO U
2
Al 11
SMI lH
BAYWAY BLVD.
TRAFFIC GEOMETRY
N
0
LEGEND
O 20' SIGHT VISIBILTY
TRIANGLES
0 INCLINED VEHICULAR RAMP
TO LEVELS 1-4 ABOVE, 24'
WIDE. SLOPE NTE 10%
O TYPICAL PARKING SPACES,
9'x19' NO COMPACT SPACES
PROPOSED
O DISABLED PARKING, ADA
CONFORMING
OS ACCESSIBLE ROUTE
06 30' RADIUS • ENTRANCE &
EXIT
25
50
GRAPHIC SCALE
I
z
Cw
C Q
O o
> 0
.
Q LLJ
CO
z Q
L• E m
Ocj`
‘JD Lu
ce
0w
Ce 1-n J
a. 00 U
2A
n
GUEST UNIT
11111111
0
GUEST UNIT
11111111
ON
UP >
•
0
0
GUEST UNIT
1 1 1 1 1 1 1 1
PARKING, 14 CARS
(TYPICAL OF .3 LEVELS)
GUEST UNIT
11111111
0
DN
UP
L
GUEST UNIT
TYPICAL GUEST ROOM LEVELS 1,2,3,
(ABOVE GRADE LEVEL PARKING)
N
0
LEGEND
10 RAMP TO PARKING LEVELS 24'
WIDE
O2 TYPICAL 9'x19' PARKING
SPACES
0 ELEVATOR/STAIR LOBBIES
ENCLOSED
O RATED CORRIDOR
OS SIGHT VISIBILITY TRIANGLES
AT WATERFRONT
60 5' BALCONIES
O7 5'x5' BUILDING RECESS
OB MECHANICAL
25 50
GRAPHIC SCALE
Z
CW
Q
o0E2
>O
O m=
Z • Q
m
}„
C:13 ce
Q O W
CL CO U
3
RUM_
NiIiH
GUEST UNIT
GUEST UNIT
GUEST UNIT
l
GUEST UNIT
GUEST UNIT
GUEST UNIT
V
PARKING, 12 CARS
GUEST ROOM LEVEL 4
LEGEND
O POOL EQUIPMENT
O TYPICAL 9'x19' PARKING
SPACES
O ELE ATOR/STAIR LOBBIES
O RATED CORRIDOR
O SIGHT VISIBILITY TRIANGLES
AT WATERFRONT
06 5' BALCONIES
0 PLANTER
OB MECHANICAL
0 25 50
N I pIIIIIiIIIkI I.:
GRAPHIC SCALE
z
W
• 0
0 Fe
Q it
Z ��
O >kgo
�
W
ceCI"w
�
O
a. CO V
4
GUEST UNIT
GUEST UNIT GUEST UNIT GUEST UNIT GUEST UNIT GUEST UNIT GUEST UNIT
GUEST UNIT GUEST UNIT
GUEST UNIT GUEST UNIT
TYPICAL GUEST ROOM LEVELS 5,6,7
(WITH POOL DECK AT LEVEL 5)
N
0
LEGEND
0 POOL
0 LANDSCAPE COURTYARD &
DECK
0 LINE OF WALKWAYS AT LEVEL
6&7
O OPEN TO ELEVATORS & STAIRS
0 SIGHT VISIBILITY TRIANGLES
0 BALCONIES
25 : 50
GRAPHIC SCALE
z
G Q
O
WLt
0
z <
m
O
LD >-
oO
a. CO U
5
•
IIIl II��. .•_. .UI. 11111 i i IIf •a �. J I Ill lJH iiiiiiii II .1 _.I 0� l �'"
■i � a Ir 1■
III II ifii'�ii i �14111111111111111i ,,,111111IIHiiiumi
1111111111'I
ot
simitow
I ®' ,u L 7iige i C I/�.NaI
I 3iiiiiiii A ihT151IIIIIIIUIII i oAIiHim liiiiiiiu
limn 'IIIIIIII
SHERW N WILLIAMS 7008 SHERW N WILLIAMS 7672
'ALABASTER' 'KNITTING NEEDLES'
SOUTH ELEVATION AT BAYWAY WITH COLOR PALLETTE
LEGEND
lO EXIT ONLY & PEDESTRIAN
ACCESS TO REGISTRATION
O ENTRANCE ONLY &
PEDESTRIAN ACCESS TO EAST
OELEVATOR
ARCHITECTURAL AWNINGS
O4AT GARAGE OPENINGS
MECHANICAL PENTHOUSE
WITH TRELLISED ROOF
OS OPEN COURT & POOL DECK
45' ABOVE BEE
O ACCESS FOR ROLL OUT
DUMPSTERS
0 TYPICAL ARCHITECTURAL
FENESTRATION AT GARAGE
OPENINGS
6
! 11111111�=1.111111111
WEST ELEVATION
LEGEND
O OPEN TO GARAGE &
ELEVATORS
0 OPEN TO COURTYARD ON
LEVELS 5,6,7
0 ARCHITECTURAL
GRILLEWORK
0 MECHANICAL PENTHOUSE
WITH TRELLISED ROOF
O ARCHITECTURAL ACCENT
PANELS GRADE TO LEVEL 7
7
UI 1111111111!1. -JI 1'11', 11 1, 1
II - 1I 11 I I h 111111 1 111..111111
f III ISI II II 1 11II .i1 ,. 1 1-1,1111 1i1d 11 1! a .1�1 11 n
11�i IIi•. ---
I1 11 1 In.In 11,i 11�
r,..1, .�
4111141 1 1 IT 11 I I 11'1 1 1 � ,'.11.1
�•� ��
I.
_� , �M
G_ IIN,I IIIIP 1...I''111 11111.! I:1. 11111!1!1 .ii.- 1�1 II;-IIi �,� ;Ip11•
II1i116 n11 1r.
'1111111111111 11111',II IIII II_Ilj. IIII��
o•
1111111111U',
-
. 1
�lI;Ii11111111111U' I ! 111 111 -,Ib-. 11 1 - --�f ■i. I�IIII I IT.11 1111'II11 111 �,: ,,..11!;
- '.�_a I.
illi
11 1� 1
��il rl.I'I � I II'�111 -II I � .!1 II ,.. I.I' ,!.141
A Al
Smmt
111
�e�z: .�. �,. .Q��. �w...�-� 1� ,. I�r.,. �u►�, -�'r1',--71 �..:,i ! r,�-r�"= i�inJ,D�:��t �� �� "�:�;,s
��6 _�L ns; ^ - •
1,1941111 ':II 1,
1 1 1 1 11111 1 ,11
NORTH ELEVATION AT MARINA
LEGEND
tO 5'x5' BUILDING ALCOVE FOR
OCHANGE OF PLANE
R
O OPEN TO GARAGE
O REGISTRATION
A (DRY-FLOODPROOF)
V O TYPICAL 5' BALCONIES
0 OS MECHANICAL PENTHOUSE
�� JJ W/ TRELLISED ROOF
LL
0_Q
OO
>0
Q M LL
CO Q
>--
z <
LL
Q O W
Ce CO u
8
EAST ELEVATION
LEGEND
O OPEN TO EAST ELEVATOR
ENTRANCE
O BALCONIES
MECHANICAL PENTHOUSE
30
W/ TRELLISED ROOF
O ARCHITECTURAL GRILLEWORK
O GLASS AT ENCLOSED
ELEVATOR LOBBIES AT LEVELS
1,2,3,4
6O OPEN TO COURTYARD AT
LEVELS 5,6,7
O ARCHITECTURAL ACCENT
PANELS, GRADE TO LEVEL 7
f"
z
CW
Q
CL • Q
00 E2
> O
0 c
z <Q
� W
CC
O ce
kg) } W
E2m
0cp
w
a_ CO U
9
MASSING STUDY
850 BAYWAY BUILDING ENVELOPE TABULATION
NM
KO es+ KR
NM I 1f Mf
rr'fm�
.aw
mfrfo
KION
B
Nan au.
MACIt
MAW
?Al.
MAN
fu
MOM
n
,wae
a•.•.
R•11.110
afffa
29.421
BEACH BY DESIGN CRITERIA
0 THE PROPOSED DEVELOPMENT CONFORMS WITH .
BEACH BY DESIGN FOR THE CLEARWATER PASS AREA
TO SATISFY MASSING & VOLUME REQUIREMENTS
UNDER BBD SECTION C l.,C.2,C.4,C.5. AND C.6.
p UNDER C.4, WHERE HDR UNITS ARE INCLUDED,
BUILDING ENVELOPE MAXIMUMS ARE PERMITTED TO
75% OF THEORETICAL ABOVE 45'.
PROPOSED DEVELOPMENT OCCUPIES 52.9% OF
THEORETICAL MAXIMUM ABOVE 45'.
SEE TABULATION ABOVE.
10
MECHANICAL PENTHOUSE
11I
illlll 1q1 ii •
a '
III
O llllbni i �R r ,.
'!!tfR'i',yrs
LEGEND
O GUEST UNITS LEVEL 5,6,7
OI GUEST UNITS LEVEL 1,2,3,4
O PARKING LEVEL 1,2,3,4, 42 CARS
0 CARAGE/GRADE LEVEL
PARKING, 26 CARS
� OS ACCESS RAMP BETWEEN
�l PARKING LEVELS
0 OPEN COURTYARD AND POOL
0 ON LEVEL 5
G
BUILDING SECTION THROUGH POOL & COURT AT LEVEL 5
GARAGE
o
0-• o
Q LL
CO
Z ▪ � Q
• CD
rD >
F--
(m 3
0 re
Q O W
` .. CO U
a
11
13M1 3JNV2LLN] '/AVMAVB
tv
PROPOSED 60 UNIT DEVELOPMENT:
850 BAYWAY BLVD.
CLEARWATER BEACH, FLORIDA
•i
PROPOSED 60 UNIT DEVELOPMENT:
850 BAYWAY BLVD.
CLEARWATER BEACH, FLORIDA
n
C
cn
-4
O
O
r
m
m
r
0
V
-
Immo
1u1/IIIIING
gIIIIIIIIIII`Er ns
I I I . r� 0!
D
O
PROPOSED 60 UNIT DEVELOPMENT:
850 BAYWAY BLVD.
CLEARWATER BEACH, FLORIDA
■ mligMM477 �:t mimmma- a�a�a�amencasm��asee d,
MMENWEWM
'"may' -Sop.4``c
GUEST ROOM LEVELS 5,6,7
[POOL ON LEVEL 5 ONLY]
CONTINUOUS
ENCLOSED
GUEST ROOM
ACCESS
ELEVATOR
Z
w
Q
0 E2
w- 0
w M�--� w
W
Z <
D
co
Q CD w
J
E00 0
14
NO11J3S SSO21J
U,
S
PROPOSED 60 UNIT DEVELOPMENT:
850 BAYWAY BLVD.
CLEARWATER BEACH, FLORIDA
L
r
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 , 201_, by DECADE PROPERTIES, INC.
("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
, 201_, Developer's application for Hotel Density Reserve Units pursuant to the
Designation, subject to Developer's compliance with the requirements of the Designation.
Developer desires for itself, and its successors and assigns, as owner, to establish certain rights,
duties, obligations and responsibilities with respect to the use and operation of the Real Property
in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units
to the City and the Designation, which rights, duties, obligations and responsibilities shall be
binding on any and all successors and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to be
observed and performed, and in further consideration of the allocation of Hotel Density Reserve
Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made 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 27 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
hotel, shall be evacuated from the Hotel as soon as practicable following the issuance of said
hurricane watch. In the event that the National Hurricane Center shall modify the terminology
employed to warn of the approach of hurricane force winds, the closure and evacuation provisions
of this Declaration shall be governed by the level of warning employed by the National Hurricane
Center which precedes the issuance of a forecast of probable landfall in order to ensure that the
guests, visitors and employees will be evacuated in advance of the issuance of a forecast of
probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of all
building permits required to build the project ("Project") and Developer's commencement of
construction of the Project, as evidence by a Notice of Commencement for the Project. This
Declaration shall expire and terminate automatically if and when the allocation of Reserve Units
to the Developer expires or is terminated.
4 Governing Law. This Declaration shall be construed in accordance with and
governed by the laws of the State of Florida.
5 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 Severability. 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 , 201 .
In the Presence of:
P
'nt
Aff
// m/. oJ/ ..t4
Nam
Print Name
As to Developer
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II,
City Manager
Attest:
Rosemarie Call, City Clerk
Countersigned:
George N. Cretekos, Mayor
Approved as to Form:
Michael Fuino,
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
, 201_, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater,
Florida, who is [ ] personally known to me or has [ ] produced
as identification.
Notary Public
Print Name:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
, 201_, 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.
Notary Public
Print Name:
My Commission Expires:
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 day of
, 201_, by DECADE PROPERTIES, INC. ("Developer").
WITNESSETH:
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 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 a single hotel operator.
IN WITNESS WHEREOF, Developer has caused this Covenant to be executed this
day of, 201 .
In the Presence of:
P
Tint Name
As to Developer
By:
Pint Name
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II,
City Manager
Attest:
Rosemarie Call, City Clerk
Countersigned:
George N. Cretekos, Mayor
Approved as to Form:
Michael Fuino,
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
, 201_, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater,
[ ] personally known to me or has [ ] produced
as identification.
Florida, who is
Notary Public
Print Name:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
, 201, 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.
Notary Public
Print Name:
My Commission Expires: