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FIRST AMENDMENT TO THE HOTEL DENSITIY RESERVE DEVELOPMENT AGREEMENTFIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("AMENDMENT") is dated the ,ci.S`"' day of ptey dyf , 2019, and entered into by and between DECADE SEA CAPTAIN, LLC, a Florida limited liability company, successor in interest to Louis Development, LLC ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof ("City"). WITNESSETH: WHEREAS, Developer and the City entered into that certain Hotel Density Reserve Development Agreement dated October 17, 2014 (the "Development Agreement") a full copy of which is attached hereto as Exhibit 1 relating to that certain real property located at 40 Devon Drive, Clearwater, FL 33767 (the "Property"); and WHEREAS, Developer and the City acknowledge and agree that a minor revision to the design of the Project which is the subject of the Development Agreement was approved by the Community Development Coordinator pursuant to Section 4-406(A) of the Community Development Code on September 24, 2018; and WHEREAS, on or about June 3, 2019, Developer filed an application to develop a single family detached dwelling on the 0.172 -acre portion of the property zoned Low Medium Density Residential (LMDR) District; and WHEREAS, pursuant to the Developer's application to develop a single family detached dwelling on the LMDR portion of the property, the parties desire to amend the Development Agreement as set forth herein; NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Developer and the City agree as follows: RECITALS: 1. The recitals listed above are true and correct and incorporated herein by reference. AMENDMENT TO DEVELOPMENT AGREEMENT: 2. Amendment of Exhibit "A". Exhibit "A" to the Development Agreement is hereby deleted and Amended Exhibit "A" attached hereto is substituted in lieu thereof. 3. Amendment of Exhibit "B". Exhibit "B" to the Development Agreement is hereby deleted and Amended Exhibit "B" attached hereto is substituted in lieu thereof. 4. Section 4.1 is amended to read as follows: The Project shall consist of 98 overnight accommodation units and one dwelling unit. Of the 98 overnight accommodation units, 66 shall be from the Hotel Density Reserve. All of the overnight accommodation units shall be located on the portion of the property within the Tourist (T) District. The single dwelling unit shall be located in a single detached dwelling located within the Low Medium Density Residential (LMDR) District with access provided from the portion of the property within the T District. 5. Section 4.4 is amended to read as follows: The density of the Project within the Tourist (T) District portion of the site shall be 149 units per acre. In no instance shall the density of a parcel of land exceed 150 units per acre. The height of the Project shall be 77 feet measured from Base Flood Elevation with an additional 22 feet for mechanical equipment, 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. 6. Section 4.5 is added as follows: The density of the Project within the Low Medium Density Residential (LMDR) District portion of the site shall not exceed 7.5 units per acre and shall not exceed one dwelling unit. The height of the detached dwelling shall not exceed 30 feet as measured from Base Flood Elevation, as defined in the Code. The maximum building height may not be increased. The detached dwelling shall not include rentals for periods of less than 31 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place rented for periods of less than 31 days or one calendar month, whichever is less. Pursuant to the Community Development Code. 7. 6.1.7 is amended as follows: No unit located on the portion of the site within the Tourist (T) District shall have a complete kitchen facility as that term is used in the definition of "dwelling unit" in the Code." 8. No Further Changes. Except as set forth herein there are no further changes, amendments or modifications to the Developme ' Agreement. Devel DEC By: Print e: i$ske man Je Print Name: A S &a,lAD As to "Developer" 'FAIN, LLC eber, Managing Member FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT Countersigned: —CO) rk.tn1'' tq.C'':15 George N. Cretekos Mayor CITY OF CLEARWATER, FLORIDA By: Approved as to form: Attest: Michael P. Fuino Assistant City Attorney k) ILLJ /61x,, William B. Horne II City Manager Tor : Rosemarie Call City Clerk AMENDED EXHIBIT "A" LEGAL DESCRIPTION EXHIBIT "A" PROJECT LEGAL DESCRIPTION Lots 1 and 2, BAYSIDE SUBDIVISION, as recorded in Plat Book 23, Page 18 and 19, of the Pubic Records of Pinellas County, Florida. Together with a tract of land lying in Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, being more Orly described as follows: Commencing at the Southwest comer of Water Lot 1, CITY PARK SUBDIVISION, as recorded In Plat Book 23, Page 37, Public Records of Pinellas County, Florida; thence West, along the East and West centerline of said Section 8, a distance of 15.00 feet to the Easterly right-of-way of Coronado Drive; thence 8.05'32'30'W. along said Easterly right-of-way of Coronado Drive, a distance of 116.26 feet to the Northerly right-of-way of First Avenue; thence 3.84°25133"E. along said North right-of-way of First Avenue, a of beginning; thenceN.05°43'48"E., a distance ors f 178.11 feet to a point on the centerine of an existing concrete seawall; thence along said centerline of the existing concrete seawall the following Eleven (11) courses and distances: (1) S.83'26'46"E., a distance of 78.43 feet, (2) Easter along a curve to the right having a radius of 195.34 feet, an arc of 29.59 feet, a chord of 29.56 feet and a chord bearing of S.78'08'53"E., (3) Southeasterly along a cunre to the right having a radius of 184.81 feet, an arc of 39.63 feet, a chord of 39.55 feet and a chord bearing of 5.67°23'14"E., (4) S.55°02'38"E., a distance of 11.52 fest, (5) S.52•13'9"E., a distance of 15.22 feet, (6) Southeasterly along a curve to the right having a radius of 210.97 feet, an arc of 3926 feet, a chord of 3920 feet and a chord bearing of S.4510129'1E., (7) 8.31'18'18"E., a distance of 21.66 feet, (8) S.30°11'51"E., a distance of 11.38 feet. (9) S.30°23'4TE., a distance of 44.42 feet, (10) 8.30°40'13°E., a distance of 36.72 .feet, (11) Southeasterly along a curve to the right having a radius of 198.30 feet, an arc of 14.08 feet, a chord of 14.06 feet and a chord bearing of 3.27°09'16"E. to the South boundary ire of aforesaid Lot 2 (as occupied); thence N.84°2T501/V. along said South boundary ine of Lot 2 (as occupied), a distance of 104.63 feet thence S.70°43'121W., a distance of 45.94 feet to aforesaid North right-of-way of First Avenue; thence N.84°27'W, along said North right-of-way of First Avenue, a distance of 128.11 feet to the Point of Beginning. Containing 0.83 acres, more or less. ALSO: A PART OF that tract, piece or parcel of land which adjoins said Lots 1 and 2, BAYSIDE SUBDIVISION, as recorded in Plat Book 23, Pages 18 and 19, of the Pubic Records of Mean County, Florida, and Nes between Lots 1 sod 2 and the bulkhead line shown on the map or plat above referenced to, said land being more particularly described as follows: Beginning at the SE Corner of Lot 2 and run thence S.84°27'04"E. 15 feet to the bulkhead line shown on said map or plat; thence along said bulkhead line and a curare to the left, having a radius of 223.53 feet, an arc of 70.73 feet, a chord of 70.44 feet and a chord bearing of N.25121051W., to the point of Intersection of said bulkhead the with the projection of the North property line of said Lot 2, said point being 35 fest east of the northeast corner of said Lot 2; thence continue along said bulkhead One and a curve to the left, having a radius of 223.53 feet, an arc of 83.28 feet, a chord of 82.80 feet and a chord bearing of N.44•56'24"W., to the intersection of said bulkhead Zine with the centerUne of en a dstkng concrete summit thence along said centerline of the ex sting concrete seawall with the foto iing: along a curve to the right, having a radius of 210.97, an arc of 13.54 feet, a chord of 13.54 feet and a chord bearing of 8.414059°E.; thence 3.31°18116'E. 21.68 feet; thence 8.3011'51'E. 11.36 feet; thence 5.30°23'47'E. 44.42 feet thence S.30640113'E. 36.72 feet thence along a curve to the right, having a radius of 198.30 feet, an arc of 14.06 feet, a chord of 14.03 feet and a chord bearing of S.27'09'16"E., to the Point of Beginning. Containing 0.045 acnes, more or less. AMENDED EXHIBIT "B" Site and Building Plans ARCHITECTURAL DRAWINGS FLD 2015-02006A [REVISED] 40 DEVON DRIVE CLEARWATER BEACH , FL A RESIDENCE ON EASTWARD LMDR DISTRICT AND "SEA CAPTAIN" HOTEL A 98 UNIT HOTEL IN TOURIST DISTRICT [AS AMENDED 9-24-18 UNDER CDC 4-406] EXHIBIT "B" JUNE 3, 2019 REVISED / RESUBMITTED JUNE 10, 2019 REVISED AUGUST 1, 2019 REVISED AUGUST 5,2019 A PROJECT FOR DECADE SEA CAPTAIN, LLC ARCHITECTURE PLANNING INTERIOR DESIGN EXECUTIVE CENTER OFFICE PARK 25400 US HW Y 19 NORTH SUITE, 290 CLEARWATER. FLORIDA 33763 PHONE. 727-785-0441 FL CORP. AA0002587 WWW.AUDESMITILCOM DRAWING INDEX SHEET # DESCRIPTION A-1 SITE PLAN: RESIDENCE & HOTEL [ ROOF TOP VIEW ] A-2 RESIDENCE SITE PLAN ON LMDR A-3 LEVEL 1 RESIDENCE W/ HOTEL AND COMBINED SITE DATA TABLE A-4 LEVEL 2 RESIDENCE PLAN W/ HOTEL PLAN A-5 LEVEL 3 RESIDENCE PLAN, W/ HOTEL PLAN A-6 LEVEL 4 RESIDENCE PLAN, W/ HOTEL PLAN A-7 LEVEL 5 RESIDENCE PLAN, W/ [TYPICAL HOTEL PLANS LEVEL 5 THROUGH 81 A-8 SOUTH ELEVATION, RESIDENCE & HOTEL A-9 EAST ELEVATION, RESIDENCE "CROSS SECTION" & HOTEL A-10 NORTH ELEVATION, RESIDENCE & HOTEL A-11 "NORTH EAST" ELEVATION AT SEAWALL & WEST ELEVATIONS OF RESIDENCE A-12 WEST ELEVATION, HOTEL SUPPLEMENT: DRC COMMENTARY AND RESPONSES FROM 7/1/19 LISTING PIER HOUSE HOED - SITE VISIBILITY TRIANGLE I 0 1 101.211 COVEREDS AIRWELL B STORAGE ABOVE MAIN RDOF ON LEVEL 3 THREE STORY SECTION DOCKS POOL DECK POOL TOURIST1LMDR —MECHANICAL PENTHOUSE ABOVE MAIN ROOF & OVERHANG P01/ DECK OVERHNG ANG BELOW ovEwuNc --- = FIGHTSTONY HOTEL �MOTO4440 NMEN MOTOR STO06 AMENDMENT APPROVED SEPTEMBER 2018 'TOWER.' ELEMENTS, SEE PREVIOUS MINOR AMENDMENT DRAWINGS MECHANICAL PENTHOUSE ABOVE MAIN ROOF 0011 5 0 S SFES ETA -3 CON0'ECTING DR IV WAY is D I DEVON DRIVE 1I &LOURED 1 1 R 1 � � L �l 1 SEAWALL \ • INE OF OVERHANG\ I BALCONIES ABOVE h LMDR RESIDENCE TWO STORIES OVER PARKING XISTING PLATTED S11(0 (MERGED \40UNDARY A5 LAND, SEE SINN( EY ���LLLLLLPROPERTY LINE —42- "SIDEWALK t,-6„SETBACK �5,0. SETBACK TO PAVING TO STRUCTURE -CHANGE IN ZONING DIS11lICI 1r OURIST LMDR COMPOSITE SITE PLAN RESIDENCE & HOTEL ROOFTOP VIEW SCALE. 3/32' = 1'A' SEF SHEET 0-3 GOR STREET VIEW 25.0 HWIT.:IrirtZ, ,LEARWATER, FLORIDA 31761 PHONE 'Ir.:RS-64H CO. IA0110E5r WWW At IDESWIN Rohn Aule CI z�`we�n Fle ISSUED FOR DATE HDA EXHIBR HDA EXHIBIT 5 ALIO .1q 05 00 v 00 3 LL U Z •nl - Q • @- 0.4 00 Q -\ • ENOL 0 w C 0 C Q) 00 U 2, C/) ¢o4'0 DRAWN BY /WIT ,HEMED BY RA PROJECT NUMBER 1.8.1n0 ©<npy.gN Nw )H Rights arc.1 SITE PLAN A-1 '- COVERED HOTEL/ POOL DECK EASEI ENT I I 1 1 N • E1 LANDSCAPE — 4 N ACF OF XISTING SEAWALL 10-110 SEAWALL TO STRUCTURE HOTEL BALCONIES ABOVE '-OPEN GIy}F[N SPACE/1NOSCAPE7 I 4 9 0 F ,0" CANTILEVERED \ BALCONY AT LEVEL t A ROOF OVERHANG ti 9 0 MOTEL GARAGE CONTINUATION OF 2f' W. DRIVEWAY FOR HOTEL ACCESS, SEE COMPOSHE SITE PLAN SHEET AO 100905ED RESIDENCE: TWO STORES OVER COVERED PARKING B.F.E. 11.00' NAVD StAVw51110 STRUCTURE JJ � 4` — NV SEIBAC ❑ V\ ^Illllllll Il�.l I� 104.63' T b' DNC. SIDEWALK PAVING —I'6•CONC. SIDEWALK SIDEVARDK SEETBACK IIV WIDE PAWL/ ENTRANCE AND HOTEL TO RESIDENCE FROM 110 0 11AM0E00EVON INTERSECTION 2153' SE BACK 20'-0' SITE VISIBILITY FRO SEAWALL 22'-0" ESTIMATED AT EXISTING RESIDENCE DEVON JRIVE F HOER slit 127,91' DEVON DRIVE 4 TOURISLLMDR KEYED NOTES D ACCESS 10 UPPER RESIDENCE OF RRFEIDENCE f. TO COMM LANDSCAFf o ELECTRICSERVICE 1,1E0..0,RHSEE FLOOR PIM ▪ 01,1PWID DICK C5Att ▪ UVT Of fl4LCONYAWfU VE EKRNUR'P OrWARD FRO., O 111INGSEAWALLPER_1119NWEY I=1 SUBAIERCELnAND1,91411. El FRONTCOMPOSITE SEHSCKIIN62,EACHWAL Li NOTLuo Il 1 CRMNAY 1Z 100(1115011ORY RESIDENCE irRAN.IRIEr ON ❑B EXISTING rueBM NANNfN DRIVE 1E CONTI:A/ SI a NIGH. MASONRY 001 15 REgwRSSOL I VISIBILITY TRIANGLE AISEAwrH 16 511141.11 NOIIr Teff IQ ue Mmol LI RESIDENCE SITE PLAN ON LMDR !100.114 SITE PLAN SCALE. 1/8•= 1'-0. PCIERIOR DESIGN EXPaerIVE CENIER OFFICE PARA FL AA000358- ANDEPAITEICONI Want Atele. AIA DECADE SEA CAPTAIN L.C.C. Clearwater, FI. ISSUED FOR DATE REVISION 1 IlrNE la HDA EXHIBTE I APO la RDA E.113.1T 5 la AS NOTED DRAWN BY 111E,KED RA PROIE, NUMBER 18-1,0 Small Awls .m . Ina AfA All ,wR RESIDENCE SITE PLAN A-2 000E (TV?.) ATE VISIBILITY TRIANGLE Sf E SURVEY POOL DECK CAFE SEATING AREA NV IT COVERED DECK UNDER BUILDING P0000. DEO! F000 PREP STORAGE SEE SURVEY SUBMERGED LAND ElSE BALCONIES OVERHANG ABOVE COVERED DECK UNDER RESIDENCE \ SITE DATA ADDING RESIDENCE 1. WE RESS 40 DEVON DRIVE CFEARWATER Ft 21767 PARCH. a 06129/15.11.101.11120F ORO 211,41, 2. PRESENT L15e VACANT 1,1:651,0,11,E MORI 2. PROPOSED UR: I. FUTURE LAND VSE: RI RU 5. OVERLAY DISTRICT BEACH BY DESIGN INOIFL OM, 1,10.11. MOM DISTRICT1 TOURIST ZONE SITE ARE, 28.6711SE 0.110, AC IZONE.T0 7. MDR ZONE SITE AREA/ 7,18.I Si 0.1710 AC 1202,1,10R.1 B TOTAL SITE AREA. 26,162SE OS.. 001.ANIMDFFIT. UPLAND RESIDOFLEYAFDP1 9 EXISTING BLDG. AAP: N1A VACANT 10. TOTAL PROPOSED ROG. ARF, 82.602. SETBACKS' 11.111,10111. REQUIRED RE/MOVED AWNED PROPOSED 10 FRONT 15110,1D01 2.S' PROW 21• IROG. 10. SIDI 10.010 IRDL 31 SIDE UDC. 2015.2006 11.2611414 15, BlDE REAR 231RFAR 2 ALLOWABLE. 04.12014.001,1FICHTFROFFISFF 25-100 ON 110 10 ON °I.AIOR' BASE FLOOD ELEVATION Irovasrf 11F14.1110 ROOF, FTO ROOF, 2.0. 22' TOTAL .11. 202A1.1.41DR. 2 PARKING TABULATION FX151014G PARKING SPACTS.16 SPACES 012 PROPOSED ROOMS. 20 5FACURCKA0 REQUIRED PARKING. 118 SPACES Ilf5laNCE PARMNC. SPACH 151 DEVON • 151 HOTEL PARC. GARAGE RESOD., ADA C11,0,110 GAILAGt DEVON 102 COVERED PgIKI)FTIAL CA. 21010, PARKING GARAGE ON DEVON K PROVIDES SPACE FOR IA CAR5 REHR TO GARAGE Slif PUN LINDER SEPARATE PERS, TYPAL 9' W X 19 D PARKING SPACES (El LOWER HOTEL LOBBY PARKING P. 24NOL WIDE DRIVEWAY 2 ARKING SPACE I„ 9'.0,19NLE THEE <=1 GEC ROLLING I I:: GATE .2.11.4.0 DRIVEWAY 25.2 I TO REFIDENCE 14 I .R -.1.104,2E BUILDING ABOVE 2 E:› SF1F DATA IABIE CONIBIAED EXISTING ID REOUIRE0 A 1102, SF, AREA 410 12.8 6085i 211.678 SF 2,0001 MIA 18.151 0,000 SENAIN A. TOTAL OPEN SPACF 16162 51. 029 5,221, B. TOTAL UNITS 10 112 FORMER 04,11,1=500,01TILIE TOTAL 1/N11,04D100 TOTAL B1.110100. PAD AREA: 0 5F 18,700 SF SOM. 1THCS .1 PAVED AREA: 0 5F 4.22151 E TOTAL 12.11FERVIO, 27.. 5, E. PARKING I AB,ATION: SEE CHAR, ABM FOR EACH 0151 G VE11101.11AR ARIA 110.1 7,110 SI IIRIOR LANDSCAPI 0 ST Fii.1 PARKING GARAGE 1. OPEN SPACE AREA 0.5141 SF 11.528 SF REFUSE EXIT ONLY HomsamaonAl Sr WIDE SIDEWALK 71 .6 ATBACK TO PA VS ADA RN/SPUR -4 TOURISTI,LMDR EXISTING RESIDENCE LOT 3 HIGH MASONRY WALL EGO! SETBACK TO STRUCTURE 4 SITE VISIBILITY TRIANGLE NORTX TOP OF WALL TN '5TO PARKING GARAGE DEVON DRIVE LEVEL 1 HOTEL PLAN W/ RESIDENCE SCALEVW, NO. NOTE OCCUPIED AREAS SHOWN AT THIS LEVEL ARE DRY FLOOD PROOF PER COOK AUDE SMITH AIL INTERIOR DESKR.1 CLEARWATER FLORIDA A.1263 PHONE FL CORP .SA0002580 W‘VW AUDESNITTHCONI Robed 1 Aude, /MADE SF 2F. CAPTAIN C C C1/..‘0,0100 Fl ISSUED FOR DVEE LLD 2 JUNE 'IF REVISION I inal61•0 REVIZION tinn EXHIBr HDA ENFIIRIT ELI LVa 73, rz ED ED UEZ •.-4 -0 7 - c>' . cdI <U4 C)E o w g co 0 c) cip SCALE AS NOTED DRAWN 012.401112 CIFE,KED FL, PROJECT NUMBER 18.1 10 ©CorIFIOF Al Rag. Rescr, LEVEL 1 FLAN A-3 HOTEL, THREE STORY WING HOTEL EIGHT STORY PORTION (7 FLOORS ABOVE B,F.F.I RESIDENCE 1 FLOORS ABOVE BFE POOL BELOW POOL JOCK REI Oma SEAWALL BELOW fEXTE.NDED BALCONIES • I-1 ONLY CONTINUOUS BALCONY REGISTRATION BEDROO LIVING DINING KITCHEN —DRIVEWAY BELOW ELEVATOR LOBBY �J7o i LAUNDRY CORRIDOR LEVEL 2, HOTEL W/ MAIN LEVEL & 15 GUEST ROOMS COMPOSITE HOTEL LEVEL 2 PLAN W/ RESIDENCE SCALE N/EL 1 NO. (FIRST LEVEL ABOVE BEE) EXECUTIVE CENTER OFFICE MAK 254001. HSVV1,9„;144.11;1:1-,1 ,LEARWATEIS FLORIDA 13-6, FL ANXIO±Str Rslal Suds DECADI SFA CAPTAIN AO Devon Drive Clearwater LI. ISSUED FOR DATE FLD RINF REVISION I 6 PINE IS H OS EXHIBIT I All, 19 HISS EXHIBIT U) L) a) N a) K 2t0 ro 04 LJ Q J • �2 J Z • ..1 "a -- E\J i° O- a) aa) < 41 l O U > J `I W LL C.)O W 0 a 0 ro a) L 0 2 cip Q a v U AS NOTED DRAWN BY DAVIT ✓ HE,ED BY PROIErT WSW. 18-110 O =wegm N1 • OBRW . 1d eK AIA LEVEL 2 PLAN A-4 bOCK (TM.) HOTEL, THREE STORY WING 1 }COORS AIME BET HOTEL EIGHT STORY PORT I? FLOORS ABOVE REEL EASEMENT RESIDENCE FLOORS ABOVE BEE POOH BELOW POOL OEC, BH OW EXISTING SEAWALL RAILING 0 ERVER & MEC 1!.111 ,„ i K. „Il `Ii No I I A I I fly Il i i vin ik.►_.I 7!..,,m7... !E's.I Ilk fit M. ill Ilk - i -i Ailk AIM PLANTER CORRIDOR OVER HANG ABOVE UPPER LOBS LEVEL 3 HOTEL W/ UPPER LOBBY & 18 GUEST ROOMS —OUTDOOR OPEN STAIR HITCHES G BAR TOL, ONLY COMPOSITE HOTEL LEVEL 3 PLAN W/ RESIDENCE SCALE: 5/32' =1'-0' AUDE SMITH INTERIOR DESICIN EXECL1T,T CENTER OFFICE PARK FL CORE ,V.1,0258- Rohell DECADE SEA CAPTAIN LCCA 40 Devon Iea...aler, Drive Cl ISSUED FOR DATE ETD REVISION I REVISION 2 24 R.11.1"19 ▪ EKIIIBIT AUO '19 N U G! U) 10 10 W Ce J J Z • N. j • Rf �-- T• E \ p W c a: p O ec v Q) ct cg0T, DRAWN BY DAI/TF CHO. RED BY RA PROITT NUMBER. 18-130 ©COR ASH Aude Snell All Ripi$Rxrveenn..ln. alt LEVEL 3 PLAN A-5 oOCR (TOP.) HOTEL, THREE STORY WING ROOF TOP f1OTEL, EIGHT STORY PORTION V FLOORS ABOVE BF.EI STORAGE POOL RE OW SCREENING ENCLOSURE f05 MECHANICAL EQUIPMENT POOL DECK BELOW TYPICAL BALCONIES SKYLIGHT OVER LOBBY CORRIDOR 007 OVER COVERED AREA BELOW • /LOUVERED SCR[ER Ai PARAPET IIEIGIIL N LOBBY P P P P LEVEL 4 HOTEL W/ 13 GUEST ROOMS ROOF MOUNTED HVAC EQUIPMENT Y ORTH COMPOSITE HOTEL LEVEL 4 PLAN W/ RESIDENCE SCALE 3/321. 7.0' AUDE SMITH AA DUE na= xurr NORTH SLIM 2. PHONE FL tr,lif NM,' AT TOES,IRVIC01.1 lioheit Awl, ALA DECADE SEA CAPTAIN LCC 00 Devon Drive ISSUED FOR DATI, 3111,1,19 EJNE 1.1711,19 FIDA EXHIBIT VIDA EXHIBIT N U _ v 0) 70 cc U 10 W pJ "z .._.1 `¢ 'A la( d ✓ 6o > u. "No O w = L� CU co 0 0 C/D < ? i SCALE A,NOTED DRAWN BY DAITP CITECKEDBY MOTE, NUMBER 18-130 LEVEL 4 PLAN A-6 bOCR (TYE.) HOTEL. THREE STORY WING ROOF TOP HOTEL EIGHT STORY PORTION IT FLOORS ABOVE BITE E.) POOL BELOW SCREENING ENCLOSURE FOR MECHANICAL EQUIPMENT AO LIGHT OVER LOBBY CORRIDOR ROOF OVER COVERED AREA BELOW BAY WINDOWS LEVELS P 6 B. SEE ELEVATIONS TYPICAL HOTEL LEVELS 5,6,7,8 13 GUEST ROOMS EACH ROOF MOUNTED HVAC EQUIPMENT 1 NORTH COMPOSITE HOTEL LEVEL 5 PLAN W/ RESIDENCE AND TYPICAL HOTEL LEVELS 5,6,7,8 13 GUEST ROOMS EACH SCALE. 3/32= 1 b' AUDE SMITH AA CIECTURg INTERIOR DESICX EXECUTIVE CENTER OFFICE PARK 2,10 US ET6V1T.X. zT4 ,ISARWATER, FLORIDA Ir. WWW ADDEShitTEICOKI Ruben., Aude. DECADE SEA CAPTAIN L.C.C. Cle.ArnaMrr,, Ele ISSUED FOR DATE REVISION I u c cc TU �3 P0 w CC V pJ I-1 Z 71 +, NQ 0) O U > czt �N 0 LL r - p w c 4 p cu 0 < v V SCALE AS NOTED DRAWN BY ,FIECKED BY PROIE, NUMBER 18-1,0 ©Cop.. AR RDIN Reserved LEVEL 5 PLAN A-7 HOTEL HEIGHT p/R� DIY I t{ 4 a ID rN V iROOF Of ELEV. 11 4 BFE 12'-011 'EQUIPMENT JI MECHANICAL PENTHOUSE ELEV. EQUIPI 0 1TOURISTLLMDRo, T I� 93' ' PI NTHOOSE MEC CAL COOLING TOWER 83'-4 ROOF o - 111111111 111111111 111111111 11/111/1 IIIP�IIIII AFT : I OPEN EMIT ONTO, HOTEL 6 RESIDENCE 0 ,A OPEN KEYED NOTES �P MATO WRHSHADOW RLAEALS ElBAY B$RWIAD0VV$ET Li END,� AACHIDCTURALTRILLKIIRL o T'PCAY ACM PAN I LA AT OVLRRNNG AND SNIT oo»,7ULMINTVCEMENT REERDECORATIVE PAN.LS R W1100115, INRLNVNL� o �BI=A EM R N000VPAN. VAT AT o A �WPANELS NO AD. o S SMILE L o ,EI▪ RDECORAROEPIVEAT LV ENTRANCE FROM DEVON aARCHITECTURAL TTECTU,RAIITILEEAT o R RAEVEINRETOLNI N.L 0=ER ,RaONIALSIDING, MINTED ON RESIDENCE HEIGHT' OPEN OPEN A. 11 ,3 6EVEL 2 T it : oScREr b b ENTRANCE ONLY, HOTEL& RESIDENCE 16 b bL b __ 1❑fI bI NAP EASEMENT BOWED] BUILDINGS SEE SITE PLAN COMPOSITE SOUTH ELEVATION: AT DEVON DRIVE HOTEL & RESIDENCE SGLE. 3/32'= 1'-0 ,TOURIST LMDR 1 SW 63B5 DOVER WHITE SW 7036 ACCESSIBLE BEIGE 6 TOP OF PARAPET Y* ROOF - 2V -A LEVEE J JPPER BEDROEP B o ROOF TERRACE ry IT -V LEVEL 2 IPIPARY LIVING 6 IT -U BFE 60'-0' LEVEL I Y PMI IIC BFE 12'-0" AUDE SMITH AIA INTERIOR DESION EXECUTIVE CENTER OFFIHE PARK .LEARWATER FLORIDA 11,1 YHoNE Ft HHRF ALIDESKIITH C01.1 Hal I Au.. AIA Clears. Fl ISSUED FOR DATE FLD 111.E 19 REVISION VEDA EXHIBIT HDA EXHIBIT U 'a 0) EY 3 W c O J tZo -1 Z .— -p - v Q o U > J ct3 r E DLL $E"0R a)°o SYALE AS NOTED DR -AWN BY ONIFIT CHF,KED BY PROM, NUMBER 18.17.0 Autle All wpu0.taw.i... ♦Le ELEVATION A-8 RESIDENCE HEIGHT 0 ■..H...■1■.. I. ■ III I 11111111111! 1111111111118 1111 111111 I 1111 II 1 1111=11E11 III 111111111 ato u 1 II II III III III 1 1111 II 111 II 11111 1111111111111 11111111111111111111111111IIl11111111i1111111 ril ■ M■I1NMI rir-■1.1M I. I 1111V II II I1111I III 1111111111111111111I1 IIIIIIII111111111111111111111111 II III 111111111111111111 II 11 III III 111111111111111111111111 nm■n■•s' 111111111111111 1111114111,111 111u11'II1I1111111u11111 unurl l 11 1111111111 1111 II 1111uul�111111 1o�uI u11u1111u1 11 �Elwuun II 11111111111111.1IIIAIII11114111111111111111111 n1 i 1....11111111 111111111111111111111111 C1 l I J ID III Hilt hill 111 1111111 111 1111111 Il1i111111 IIT l 1'. 11111111111111 II I 111 11111111'111111111111,1111E 11111111111 ° I■I r■l.■1..i. ■n. iM ■ BFE 111 11111111111111 1111111111' 1111111111,11111111111111111111111111,1111111111 11� II II I I VIII I111111111111111i11111 111 11111111 11111111 1111 • IIln.■ii■.n 11111111111111111111 111111111'1111111111111111111111111111111111111 111 �■ r�■■ ..... . 411YI611111111111111111111111'11 0• ■■■■■1 ■ 1 ■VIII 11 •■i II 11111111111111111111111 uI11!IIrIP1111 uuuu11III 11111 VIII II In In n o SECTION/ AND EAST ELEVATION RESIDENCE & HOTEL SCALE: 3/33' =1 b' NOTE TO PLAN REVIEW THE DOMINATE ELEVATION OF PROPOSED RESIDENCE IS OBLIQUE TO THIS ORTHOGRAPHIC DRAWING. FOR CLARIFICATION SEE SHEET A-11 FOR "NORTHEAST" ELEVATION. KEYED NOTES ❑ FFLLOlOR MVO'. UN FORCOM s, sxwwuuFUMING. ElOPEN DM MOW BEE WI FRWNO, SEEL1 E ELEVATOR, ORE PEoao BmOF!Nnusaav 11mEmSVF==T= ESPA ON ROOF © WEER UM BEOEOOMbum, 50 IA455MEErEj MS =0=14.1,0 0 14.c1NB MOM ON W355Wun EWt53W. 551ORB551.. OF Will MONO ARTFITESITTIIRE PLANNING EXECUTIVE CENTER °TETTE PARK 25400 DS tIWT IS NORTH DIME SSO CLEARWATER, FLORIDA 11-64 PHONE 727,44141 FL 00RE R010111 Au.le A, DECADE SEA CAPTAIN C C 40 Dev00 Drive D FOR DATE 1 JUNE 49 REVISION I REVISION HDA E.IBIT HDA F.IBIT 5 ADO TS a) a) YALE AS NOTED DRAWN BY DATER ERNE, NUMBER DAM All DRb SECTION A-9 ARFSIDFNCE HEIGHT 301-01 ABOVE BFE ABOVE BEE- 50 -0 LMDR TOURIST TYPCAL ACES PANELS AT OVERHANG& SOLEIL HOTEL HEIGHT —AROHDECIDRAL GRILLE y WORK p PAINTED STUCCO Wi SHADOW REVEALS 03-4' PEOVT7EQIAE -0 ROOF 1.11j 011111.1 11111111111U1111. MEI IIIIMIIMM.11111.1111111111 1111 111111111111111111111111111111111111111 II 1111111 11111111111111111 I I 1111111111111111111111 1 1111111111111111111111111111 1111 II ow 11111111111111111116111111111111i 11111 11111111111111111111111111111,111111111111111111111111[111111111111111111.1111111111111111111111111111 11.111111,11111[11111[11111 11111 1111[111mm 111:1111111. 1111110111111111= 11,11. 111111 Ill 111111 = 111.1 II 1 11.11'1 1111111 1111 1 III '11 II 111111 11111 II 'I I 11111'11'11 1:1111111111111.111i 111111[1111111111b11011!.-- I. ,T34' LEVELS LEVEL 7 53-1, LEVELS 1111 11111 II III I 11111 'III 11111 1 11111 11111 1I;ii IIIJIII 111111 I I 11 III 111111 II III II II 1 I I 11111 I I 1 1 II 111111 11111 I 11 1111' I 11 111111101 I 11' dir II mo MEI 1.11111111EMIN1111111MMI 1411[[11111111111 mill I No 11111 111111111m 11[ 111111 [1111111111[1 nil nom [ [ [1r mil 11111111 [HI 1111110 pc5-Triii,"‘;) LASER BEDROOM mismilmenwirmg 1111111„,111,111111111,1 mi milmoiiiggi mum!! immim mummimmimmil 1E1E_ BEE 121-01' 'ZS 11'0Ai17 = P-0' BFE 030" LEVEL. I PARE SIC 0131.1QUE VIEW EVE SUED 5-9 NORMAL VIEW BFIEASEMENT BETWEE UILDINGS 4LMDR TOURIST COMPOSITE NORTH ELEVATION SCALE 5L02• = 1-0 6 V-0" GH SCREEN WALL AT PARKING P55550 SELCCO SW SHADOW REVEALS — 6 .6 COURTYARD 8 POOL DECK LEVEL 5 $334' LEVEL SEWN TO STAIRWELL • 23'-4' LEVEL 3 $ I LEVEL O SEEE SURVEY MINT MLR HORIZONTAL SIDING, PAINTED A-0. LEVEL I BFE 12-0' AUDE SMITH A4, mknorrun., INTERIOR DESIGN EXECLRIVE CENTER OFTWE PARK 2,00 US HWY 19 IJOR.T1-1 SUITE 240 CLEARWATER, FLORIDA 11`61 RHONE -27,85-1441 FL 0.PFLP AA0110.138- AUDESkInli CONI Rolm, Nude Ain DEcADE SEA CAPYAiN L c c Dovon Cleamaler Fl ISSUED FOR DATE FLD REVISION 1 6 111,1E.Ig REVISION 1 LIDA EXHIBIT RDA EXHIBIT SCALE AS NOTED D0.AWN DAIRP YROIE,NDAMER 1,150 All W. R.Nerved ELEVATION A-1 IOP CP PARAPET. ROOF • BFE 1V-IY LC/LAME/ SCREEN —WALL To CoNCEAL MECHANICAL EQUIPMENT CIIPPINEY FIREPLACE I IIuiI ',O. SCREEN WALL </UWE VIEW MIS PCHIPION DRAWN NORPALL VIEW SEE PLANS 0111,1. E VIEW "NORTH/EAST" ELEVATION OF RESIDENCE SCALE IRV A 1-0 BFE 1T -OH 74.?0"LFAINI(' SE'IjE"A SEE a, CEMENT HEIR. SIDING FAINTED NOTE. LIMPING( MAKING AREA PIAAIA PECURED Wrii HORIZONTAL SLIDINC. CATE AT ENTRANCE SCE SHEEP A. WEST ELEVATION OF RESIDENCE SCALE I /8. A II -0' LIPPER GEPROOPI H I CI 11 - L +=IL 7' PCRUN WALL TO CONCEAL PACKING AUDE SMITH INTERIOR. DESION EXELAPEIVE LIENIER OFFICE PARK PILEARWAIEER, FLORIDA LAMP PHONE 72,115-4441 FL CORP AA00025, WWW AIDES/WM OOM Roberi Aixlc DECADE SEA CAPTAIN L C C 40 Devon Drive ISSUED FOR DATE FLD 1 ILPIJE 'IP TLEVIS1.0.1.1 I 1111.1E.IP REVISION, 1..1.1111,1P LIDA EXHIBIT SP..ALE AS NOTED DICAWILIBY MATE PRO/U-1,11.FR ISA LP @CIPPYPOI AL. Small AL...she AlA All Rae. Reserved ELEVATIONS A-11 BEE 12'-0' FACEOS EASTWARD STAIRWELL SEVEN) AT EAST MAC 0- Oro 233 11 7 n 6AN WINDOWS AT fATWING 4-__—_I- __I-- 1111111 -- n 17 ❑ n .n 11181II I'.1.11111111I 111111 II/1111111111 111111,111.11111111 11111 111'111111 I b b b YR. oT. ANITA t y E COLL NS HOTEL, WEST ELEVATION SCALE. 3/32' = 1'A' KEYED NOTES 5 6A0.1 PAV I, SEE SOCT.EVATION N R EITIEAR uRTLNw l ,o k 6w�P�6E oti w.rL�>Ww L.1 ADA DECORATNE PANELS FAINTED STUCCO OVER CML INTERRA DESIGN EX.,TIVE CENTER OFFICE PARK ,LEARNATER, FLORIDA MO FL ,,RP AA0001, WWW AIIDESAIITH 00h1 DECADE SEA CAPTAIN C C Clorwarer, fI ISSUED FOR DATF FLD REVISION RDA EXHIBIT rio I -IDA EXHIBIT AUG 'IQ DRAWN BY DWTP ,11,1CF0 BY ICS PRDIE, NUMBER ©C>„ri,N All Rash. ReeervN ELEVATION A-12 EXHIBIT 1 Development Agreement dated October 17, 2014 THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement") is dated the 11'" of Ct'ii. h , 2014, and entered into between DECADE SEA CAPTAIN, LLC ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and WHEREAS, Florida Statutes Sections 1633220 - 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 writs to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns .831 acres of real property (.659 zoned "1" and .172 zoned "LMDR") only the real property zoned "T' is the subject of this Agreement ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Property was the subject of DVA2010-08001 which. was approved by the City Council on January 13, 2011 for the allocation of 53 writs from* Hotel Density Reserve; and t, WHEREAS, an amendment to DVA2010-08001 with application number DVA2010-08001A (53 units from the Hotel Density Reserve) was approved by the City Council on June 19, 2013; and WHEREAS, the Developer desires to enter into this Development Agreement with the City to develop the Property by demolishing existing hotel rooms and other uses in order to construct 98 overnight accommodation emits, meeting space for guest use, pool, new lobby and parking with parting spaces on the .659 acres zoned "T" ("Planned 1 Resort") and also, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B"; and WHEREAS, this agreement terminates DVA2010-0800l and FLD 2013-02007, and allocates 66 units from the Hotel Density Reserve Pool to this planned resort; and; WHEREAS, upon completion the Planned Resort will contain 98 overnight accommodation units, which includes 66 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 (Q tiqui 15 , 2014, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City., and WHEREAS, approval of this Agreement is in the interests of the City in fiutherance 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. R The above recitals are true and correct and are a part of this Agreement. SECTION 2. jnggtngja of the A. 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 Snbieet to this Aareemegi. The .659 acres of real 2 property that is zoned "T" Sod described in Exhibit "A" is subject to this Agreement ("PrePorte). 3.1 The Property currendy is zoned Tourist (T) and Low Medium Density residential (LMDR) with respective future land use duns of Resort Facilities High (RFH) and Residential Urban (RU). 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 gamily located at 40 Devon Dr., Clearwater, FL 33767, as further described in Exhibit "A". SECTION 4. Saone of Project. 4.1 The Project shall consist of 98 overnight accommodation units. Of the 98 overnight accommodation units, 66 units shall be from the Hotel Density Reserve. 4.2 The Project shall include a minimum of 118 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 density of the Project shall be 149 units per acre. In no instance shall the density of a parcel of land exceed 150 units per acre. The height of the Project shall be 100 feet measured from Base Flood Elevation, as defined in the Code. The maximum building heights of the various character r districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. SECTION 5. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida pursuant to Florida Statutes Section 163.3239 and Code Section 4-606. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect for ten (10) years unless earlier terminated as set forth herein. SECTION 6. LddigilinnamdeclailAstesinsit 6.1 Obligations of the Developer: 3 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall intro 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 6.13.1 To retain the grant of Reserve Units provided for herein, the Property and improvanents located thereon shall be developed in substantial conformance with the Conceptual Site Plan attached as Exhibit "B". Any modifications determined by the Planning Director as either inconsistent with attached Exhibit "B" or constituting a substantial deviation from attached Exhibit "B" shall require an amendthent 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 sealing 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 Planned Resort, the Developer hereby agrees to execute the covenant of unified use and development providing that the Planned Resort 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 4 understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation no rights of Developer remain or will be exercised to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. 6.1.6 Transient Use. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/fi»nt 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 Kittle. 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 mon 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 Hotel after 11:00 p.m. on Sunday through Thursday, or after 12:00 a.m., midnight, on Friday and Saturday. 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 5 62.2.2 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 Agree neat, the Project shall receive 66 units from the Hotel Density Reserve as defined in Beach by Design, contingent upon the provisions of Section 6.1.5. SECTION 7. ZnidleagagaLtnikoicalluglagnisl. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concwrency 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 foes. 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 concunency 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 Anneal 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 6 construction shall be completed prior to issuance of a Certificate of Occupancy for the Project SECTION 8. banked Local Government Aoprov.J 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 Catificate(s) of occupancy; and SECTION 9. Finding et Camidem The City finds that development of the Property is consistent with the terms this Agreement is comment with the City Comprehensive Plan and the Code. SECTION 10. laridgigga. 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 linlfill 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. TERMINATION OF PRIOR DEVELOPMENT AGREEMENTS. DVA2010-08001and DVA2010-08001A, are hereby terminated. This Termination shall be binding on the parties hereto and their respective successors and assigns. SECTION 12. thigriluaLimarjuidnima. 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 Amt; (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 7 (a) This Agreement is based on substantially inaccurate information provided by the Developer SECTION 13. CgoiNgsanialigg. The failure of this Agit 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 14. Seam. 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 Sea Captain, LLC 13555 Bishops Ct., Brookfield, WI 53005 With Copy to: Brian J. Aungst, Jr., Esq. Macfarlane Ferguson di McMullen, PA. 625 Court St., Suite 200 Clearwater, FL 33755 If to City: City of Clearwater, City Manager 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 (3'r) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the. addresses set forth above (incincluding the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 15. Animists, 15.1 By the Developer: 15.1.1 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. 8 15.1.2 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 pert 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. 15.1.3 An assignament 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 tram 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 tams of this Agreement to the same extent as would the Developer in the absence of such 15.1.4 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. 152 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 compdaing Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 16. Milwialgargimplaggs The Devdoper 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 17. Covenant of Cooperate. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisioner of this Agreement and in achieving the completion of development of the Property. SECTION 18. Annrovvls. 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 9 granted in writing. SECTION 19. CgeggiellegigAggsgegt. 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 20. ire Agreement. This Agreement Cnreluding 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 21. Cpnstrnetion, 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 22. 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 eby 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 23. (Cade _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 24. Governing Law, This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. SECTION 25. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. 10 SECTION 25. Ate. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amt meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: t w.4 16waw...+ Print Name panswi 84.:seen,. Print Name As to `Developer" Print Name: Print Name As to "City" CITY OF CLEARWATER, FLORIDA B: it) .9. William BHome II, City Manager Attest: .Lank, tilt Rosemarie Call, CMC, City . iareencQ#o 11 STATE OF FLORIDA- 1,0 5[.wti 5 COUNTY OF FINELM S KP.S ,, G l�'he Dec was acknowledged before me this 14 day of llutr , 2014, by !t{'tT{y I< Crktiou ratmfdaerade Sea Captain, LLC, on behalf of the aforesaid entity. He is ha GI : . wn to me or has [ ] Poduced identification. +y: .0kRY'�. • z .-� `v = My Commission Expires: 8 -ab -dDll PUSH' 4 Print ©e4,4 Rake tanto Notary blit — Ste of Florida STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this I 14Zday of t�c�n�e.T�M , 2014, by WIL B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ personally known to me or who has [ ] produced as identification SANDRA HARMER NOTARY PUSUC STATE OF FLORIDA Conran* EE14223e Espies 1/4/2016 12 EXHIBIT "A' PROJECT LEGAL DESCRIPTION Lots 1 and 2, BAYSIDE SUBDIVISION, as recorded in Plat Book 23, Page 18 and 19, of the Public Records of Pinellas County, Florida. Together with a tract of land lying In Section 8, Township 29 South, Range 15 East, Pineilae County, Florida, being more particularly described as follows: Commencing at the Southwest corner of Water Lot 1, CITY PARK SUBDIVISION, as recorded In Pled Book 23, Page 37, Public Records of Pinellas County, Florida; thence West, along the East and West centerline of said Section 8, a distance of 15.00 feet to the Easterly right-of-way of Coronado Drive; thence 8.05'37301W. along said Easterly right-of-way of Coronado Drive. a distance of 116.26 feet to the Northerly right-of-way of First Avenue; thence S.84'25'33°E. along said North right-of-way of First Avenue, a distance of 99.92 feet to the point of beginning; thence N.05°43'486E.. a distance of 178.11 feet to a point on the centerline of an existing concrete seawall; thence along said centerline of the existing concrete seal the following Eleven (11) courses and distances: (1) S.83°26'48"E., a distance of 78.43 feet, (2) Easterly along a curve to the right having a radius of 195.34 feet, an arc of 29.59 feet, a chord of 29.56 feet and a chord bearing of 5.78'08'53'E., (3) Southeasterly along a curve to the right having a radius of 184.81 feet, an arc of 39.63 feet, a chord of 39.55 feet and a chord bearing of S.6T23'1411E., (4) 3.55'02'38'E., a distance of 11.52 feet, (5) S.52°1 3'39°E., a distance of 15.22 feet, (6) Southeasterly along a curve to the right having a radius of 210.97 feet, an arc of 39.26 feet, a chord of 39.20 feet and a chord bearing of S.45°10'296E., (7) S.31°18'16'E., a distanos of 21.66 feet, (8) S.30°11'51"E., a distance of 11.36 feet, (9) S.30'23'47"E., a distance of 44.42 feet, (10) S.30.40'13'E., a distance of 36.72 feet, (11) Southeasterly along a curve to the right having a radius of 198.30 feet, an arc of 14.06 feet, a chord of 14.06 feet and a chord bearing of 8.27°09'16"E. to the South boundary One of aforesaid Lot 2 (as occupied); thence N.84'27'50'W. along said South boundary Iine of Lot 2 (as occupied), a distance of 104.63 feet; thence S.70°43'12'W., a distance of 45.94 feet to aforesaid North right-of-way of First Avenue; thence N.84'27'301W, along said North right-of-way of First Avenue, a distance of 128.11 feet to the Point of Beginning. Containing 0.83 acres, more or less. ALSO: A PART OF that tract, piece or parcel of land which adjoins said Lots 1 and 2, BAYSIDE SUBDIVISION, as recorded In Plat Book 23, Pages 18 and 19, of the Pubic Records of Pinellas County, Florida. and Nes between Lots 1 and 2 and the bulkhead line shown on the map or plat above referenced to, said land being more particularly described as follows: Beginning at the SE Corner of Lot 2 and run thence 5.84°27'04"E. 15 feet to the bulkhead line shown on said map or plat; thence along said bulkhead line and a curve to the left, having a radius of 223.53 feet, an arc of 70.73 feet, a chord of 7044 feet and a chord bearing of N.25°12'O5'W., to the point of intersection of said bulkhead line with the projection of the North property line of said Lot 2, said point being 35 feet east of the northeast corner of said Lot 2; thence continue along said bulkhead line and a curve to the left, having a radius of 223.53 feet, an arc of 8328 feet, a chord of 82.80 feet and a chord bearing of N.44.56241011., to the intersection of said bulkhead line with the centerline of an existing concrete seawall, thence along said centerline of the existing concrete seawall with the following: along a curve to the right, having a radius of 210.97, an arc of 13.54 feet, a chord of 13.54 feet and a chord bearing of 6.41•40459°E.; thence S.31°18116"E. 21.66 feet; thence 8.3O'11'51"E. 11.36 feet; thence S.30•23'47"E. 44.42 feet; thence S.30'40'1311E. 36.72 feet; thence along a curve to the right, having a radius of 198.30 feet, an arc of 14.06 feet, a c hord of 14.06 feet and a chord bearing of S.27.O9'16'E., to the Point of Beginning. Containing 0.045 acres, more or less. Leas and except the .172AAcres sowed IAmR. EXHIBIT 91" Survey, Conceptual Site Plan, and Architectural Drawings 1 SEC. 1. 1WP. 111.. RNC. IS E PION USW Ma MTV` • ..".1101111111,41 • • Mkt I 1 ma ipir. .figarwanor—ap. —........... _1 We OW WOMB EUE SSOCIAIES soderwr =war, J11111111111K - 61.1“..11.0.1 i !!!!!!!!!!!l 11!!!! !!!!!) !It! !J.!) I r _ behar peteranecz behar peteranecz maurniad a ietpq ;le it CV/ mak Walla --MUM EIt 1/1111.1104/401. ••••••••••01.11•••••••M ed••••••••• 2704..Iftk fti h/ rt ft)1:1° O O O O prffrrumm SEA AIN14 113 } Veils IIIIII . rziart,� .` peteranecz behar peteranecz a 0 411 SEA CAPTAIN HOTEL 40 WAN INIPA alEPRNAllik behar peteranecz EXHIBIT aC" 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 II* day of it)d 1t.d.a , 2014, by DECADE SEA CAPTAIN, LLC, a Florida limited liability compmy ("eloper"). 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 pence 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 forte winds. The City has wanted, by City Council Resolution 14 - S,a. , passed and approved on (901 t5 , 2014, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself: and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for due benefit of Developer and its successors and assigns and shall be enforceable by them and also for 15 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 66 units, which is the number of hotel units allocated to Developer from the Hotel Density Reserve (53 previously approved and an additional 13), 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/tont desk area that must be operated as a typical lobby/fent desk area for a hotel would be operated. All hotel units shall be required to be submitted to a ramal 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 VIL of Beach by Design. 2.1.2 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel", and "operator" shall have the meaning given to such terms in Florida Statutes Chapter 509, Part I. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 16 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 =essay and appropriate to seek judicial enforcement of this Declaration and the City obtains relie 4 whether by agreement of the parties or through order of a court of competent jurisdiction. ? 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 a unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this _ day of . 2014. In the Presence of DECADE SEA CAPTAIN, LLC, a limited liabil akiwaysi 641.4441,14~ Print Name AMi Barsou.w^. Print lame As to "Developer" 17 illv/lll , a, t. or N *. 3e4fi.e1 Viciergotr fflowit• nis Mem b e r Decade Sea Captain Hurricane Evacuation Covenant CITY OF CLEARWATER, FLORIDA Print Name: City Manager Print Name As to "City" By:AL.u•�•R.6 William B Home II, Countersigned: cteof‘trrCrekt, George N. Cretekos, Mayor STATE OF FLORIDA 4,DV %S • r1 4 COUNTY OF PINELLS ah& The foregoing Declarationwas acknowledged -+ ,; me this 4 1 day of r , 2014, by 'S ca..�{{ ►l. Q rt tlat r , as 01 At . b26A of Decade Sea Captain, on behalf of the aforesaid entities. He is [A personally known to me or has [ l produced as identification.. op,M"L.fp,N 4,41 NCKENieN i �'.&OZA1,1Y s ' a r.- I • a 4b*oref iii -ii of is OOOOOO Print: I Ott AtkCrnt&n Notary Public — State of Florida My Commission Expires ft -a6 -ao rr 18 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 1 SWI day of Or461e , 2014, WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ nersonally known tome or who has [ ] produced as identification. My Commission Expires: rltlzinbt� Print: sc.nbi,e..=err-►` �.,v" Notary Public — State of Florida J 19 SANDRA FIARRitm NOTARY POIRjc RUM of Roam EE142238 11411016 EXHIBIT "D" COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED US THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this day of , 2014, by ("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 W}EREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Hotel Density Reserve Development Agreement dated201_ (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 thereat 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 thu duties. 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 20 IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this &kl, er day oil/ 2014. In the Presence of DEC EA CAPTAIN, LLC a limited Print Name A,..*. aturseary.. Print Name As to "Developer" Print Name: Print Name As to "City" By: � ,� 7-,.� Nary e: e' < et Tide m a. 3' n}� Men CITY OF CLEARWATER, FLORIDA By: COQ ,,. A.14 4.-a William B Home II, City Manager rRP/ rI& (eA Wj George N. Cretekos, Mayor 21 Camilo Soto, Assistant City Attorney STATE OF FLORIDA U)nbt ar64 COUNTY OF PINELLAS LIit tk 2 A i ehe foregoing was, acknowledged befi�ea �i�'jt day of 20-14, D1 %j lye; die e , a:t" r of Decade Sea Captain, LLC, on d ,,afor sa id entities. He is [ 4.personally known to me or has [ ] p At .<'� - P a as identifi 1r .+oTAR • e ; tis •'• OUB LIG . ;i Notary ' blic — S : to of Florida VIi . ,a? 4 �u�aOFiauu�'NWI �/ STATE OF FLORIDA COUNTY OF PINELLAS Print: G � '� efvK R n My Commission Expires:g-, -a0I7 The foregoing instrument was acknowledged before me this 1.4' day of pcl�.pr , 2014, by WIL B. HORNE, II, as City of the City of Clearwater, Florida, who is [ personally known to me or who has [ ] produced as identification. SANDRA NARRIGER Print: nicArr1 STATE OF FLORIDA Commit EE142238 EXPires use 22 NotaryPublic — FMy Commission d421 wa '40 EXHIBIT "A" PROJECT LEGAL DESCRIPTION Lots 1 and 2, BAYSIDE SUBDIVISION, as recorded In Plat Book 23, Page 18 and 19, of the Public Records of Pinellas County, Florida. Together with a tract of land lying In Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Commencing at the Southwest corner of Water Lot 1, CITY PARK SUBDIVISION, as recorded in Piet Book 23, Page 37, Public Records of Pinellas County, Florida; thence West, along the East and West centerline of said Sedan 8, a distance of 15.00 feet to the Easterly right-of-way of Coronado Drive; thence 6.O5'32'30"W. along, said Easterly right-of-way of Coronado Drive, a distance of 11628 feet to the Northerly right-of-way of First Avenue; thence 5.84'25'33"E. along said North right-of-way of First Avenue, a distance of 99.92 feet to the point of beginning; thence N.05'43'48"E., a distance of 178.11 feet to a point on the centerline of an existing concrete seawall; thence along. said centerline of the existing concrete seawall the following Eleven (11) courses and distance$: (1) S.83'28'481 E., a distance of 78.43 feet, (2) Easterly along a curve to the right having a radius . of 195.34 feet, an arc of 29.59 feet, a chord of 29.58 feet and a chord bearing of S.78'08'5311E., (3) Southeasterly along a curve to the right having a radius of 184.81 feet, an arc of 39.63 feet, a chord of 39.55 feet and a chord bearing of 5.67'2314"E., (4) S.55'02138°E., a distance of 11.52 feet, (5) S.52613'39"E., a distance of 15.22 feet, (8) Southeasterly along a curve to the right having a radius of 210.97 feet, an arc of 39.28 feet, a chord of 39.20 feet and a chord bearing of 5.45°10'29"E., (7) S.31°18'16"E., a distance of 21,86 feet, (8) 5.30°11'51°E., a distance of 11.36 feet, (9) S.30'23'47"E., a distance of 44.42 feet, (10) S.30'40'13"E., a distance of 38.72 feet, (11) Southeasterly along a curve to the right having a radius of 198.30 feet, an arc of 14.08 feet. .a chord of 14.06 feet and a chord bearing of 3.27°09'16"E. to the South boundary line of aforesaid Lot 2 (as occupied); thence N.84'27'50W. along said South boundary Una of Lot 2 (as occupied), a distance of 104.63 feet thence S.70°43'12' W., a distance of 45.94 feet to aforesaid North right-of-way of First Avenue; thence N.84°27'30°W, along said North right-of-way of First Avenue, a distance of 128.11 feet to the Point of Begiming. Containing 0.83 acres, more or less. ALSO: A PART OF that tract, piece or parcel of land which adjoins said Lots 1 and 2, BAYSIDE SUBDIVISION, as recorded in Plat Book 23, Pages 18 and 19, of the Public Records of Pinellas County, Florida, and hes between Lots 1 and 2 and the bulkhead line shown on the map or plat above referenced to, said land being more particularly described as follows: Beginning at the SE Comer of Lot 2 and run thence S.84'27'04°E.15 feet to the bulkhead line shown on said map or plat thence along said bulkhead line and a curare to the left, having a radius of 223 53 feet, an arc of 70.73 feet, a chord of 70.44 feet and a chord bearing of N.25°12605°W.; to the point of of said bulkhead line with the projection of the North property line of said Lot 2, said point being 35 feet east of the northeast corner of said Lot 2; thence continue along said bulkhead line and a curve to the left, having a radius of 223.63 feet, an arc of 8328 feet, a chord of 82.80 feet and a chord bearing of N.44°56'241W., to the intersection of said bulkhead line with the centerbe of an iodating concrete seawall; thence along said centerline of the existing concrete seawall with the following: along a curve to the right, having a radius of 210.97, an arc of 13.54 feet, a chord of 13.54 feet and a chord bearing of S.41°40°59°E..; thence S.31°18'166E. 21.66 feet; thence S.30°11'516E. 11.36 feet thence 5.30°23'47°E. 44.42 feet; thence S.30°40'131E. 36.72 feet: thence along a curve to the right, having a radius of 198.30 feet, an arc of 14.06 feet, a chord of 14.06 feet and a chord bearing of S27°0991 6°E., to the Point of Beginning. Containing 0.045 acres, more or less. Leas and except the .172AAcres zoned I.A. State of Florida Department of State I certify from the records of this office that MCIP, LLC was a limited liability company organized under the laws of the State of Florida, filed on May 18, 2006, effective May 17, 2006. The document number of this limited liability company is L06000052966. I further certify that said limited liability company was Administratively Dissolved on September 14, 2007 for failing to file an annual report, and its status is inactive. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fifth day of July, 2019 Attemiltife-t- Secretary of State Tracking Number: 2742329313CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/Certificateof,Status/CertificateAutthentication