19-18RESOLUTION NO. 19-18
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AMENDING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND DECADE
SEA CAPTAIN, LLC; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and the Developer are parties to that certain Hotel
Density Reserve Development Agreement (the "Agreement") dated October 17,
2014, and the Agreement is attached as Exhibit "1;" and
WHEREAS, the City and the Developer desire to amend certain terms and
provisions of the Agreement, as more fully set forth in the attached Exhibit "2;" and,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The first amendment to the Hotel Density Reserve Development
Agreement between the City of Clearwater and Decade Sea Captain, LLC, a copy of
which is attached as Exhibit "2," 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 Ian` day oftf:v►nl.l8eil , 2019.
Approved as to form:
-cteApike cttkts
George N. Cretekos
Mayor
Attest:
Michael P. Fuino -c_pv: Rosemarie Call
Assistant City Attorney
City Clerk
Resolution No. 19-18
EXHIBIT 1
Development Agreement dated October 17, 2014
JIOTN, i)JNSJTY RESERVE DEVELOPMENT ACREIFMIT
THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
("Agreement") is dated the I'1''' of 007-614 , 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 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 ("Cock"), establishing
procedures and requirements to consider and enter into development agreements; and
WHEREAS, Beach by Design proposed the development of hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community, and further provided for a limited pool of additional hotel units
("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 '"P' 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 units fi
Hotel Density Reserve; and
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 Aigennent
with the City to develop the Property by demolishing existing hotel rooms and other
uses in order to construct 98 overnight accommodation units, meeting space for guest use,
pool, new lobby and parking with parking spaces on the .659 acres zoned -r ("Planned
Resort") and also, generally conforming to the architectural elevation dimensions
shown in composite Exhibit "B"; and
WHEREAS, this agreement terminates DVA2010-08001 and FID 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 Amt, 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 A 15 , 2014, the City Council approved this Agreerint 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. Bich& The above recitals are true and correct and are a part of
this Agreement.
SECTION 2. beorporotion of the Ad. 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. Propene, Subject to this Agreement. The .659 acres of real
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property that is zoned "I" and described in Exhibit "A" is subject to this
Agit ("may" ).
3.1 The Property currently is zoned Tourist (T) and Low Medium Density
residential (LMDR) with respective future land use designations 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 generally located at 40 Devon Dr., Clearwater, FL 33767,
as further described in Exhibit "A".
SECTION 4. Sean of Proiaett
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.
43 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 horn Base Flood Elevation, as defined in the Code. The maximum
bung heights of the various character districts cannot be increased to accommodate
hotel rooms allocated from the Hotel Density Reserve.
SECTION S.EfigignialhiabIESIMILAMIAagaga
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.
52 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreemeet 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.
53 This Agreement shall continue in effect for ten (10) years unless earlier
terminated as set forth herein.
SECTION 6.
6.1 Obligations of the Developer:
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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 detemrined by the Planning Director as either
inconsistent with attached Exhibit "B" or constituting a substantial
deviation from attached Exhibit "B" shall require an amendment to this
Agreement in accordance with the procedures of the Act and the Code, as
necessary and applicable. Any and all such approved and adopted
amendments shall be recorded in the public records of Pinellas County,
Florida.
6.13.2 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 Manion 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 stall 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
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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/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 Desdan Guidelines. The Developer agrees to comply
with the Design Guidelines as set forth in Section VIL of Beach by Design.
6.1.10 Limitation on Amplified Music. Developer agrees that there 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 Qligations 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 requires 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
6.2.2.2 The expiration of any appeal periods or, if an appeal is filed,
at the conclusion of such appeal.
62.3 Upon adoption of this Agreement, 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. Public Facilities to Service Develomed. The following public
facilities are presently available to the Property from the sources indkated 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.
72 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 fallowing:
• 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 Antral 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
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construed= shall be completed prior to issuance of a Certificate of Occupancy for the
Project.
SECTION 8. Beauired Local Government Approval& 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. 71ndiss at 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. Isidnata. 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. TERMINATION OP PRIOR DEVELOPMENT
AGREEMENTS. DVA2010-08001and DVA2010-08001A, are hereby terminated. This
Tennination shall be binding on the parties hereto and their respective successors and
snips. •
SECTION 12. Other Texan and Cnndltions. Except in the case oftermination,
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,
des, or densities in the Agreem=t;
(b) They are essential to the public health, safety, or welfare, and expressly
state that they shall apply to a development t that is subject to a
development ;
(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
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(e) This Agreement is based on substantially inaccurate information
provided by the Developer
SECTION 13. Coanbusudthlisz. The failure of this Agreement to addresss
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. 1, 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:
With Copy to:
If to City:
Decade Sea Captain, LLC
13555 Bishops Ct.,
Brookfield, WI 53005
Brian J. Aungst, Jr., Esq.
Macfarlane Ferguson & McMullen, P.A.
625 Court St., Suite 200
Clearwater, FL 33755
City of Clearwater, City Manager
AT1N: 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 (31d) day following
deposit in the United States mail, certified mail, return receipt requested. The parties may
dumge the' addresses set forth above (mcluding the addition of a mortgagee to receive
copies of all notices), by notice in accordance with this Section.
SECTION 15. W a1
15.1 By the Developer.
15.1.1 Prior to the Commencement Date, the Dever 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.
a
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 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.
15.1.3 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 assiimment
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.
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
15.2 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 pasonal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specifically provided herein.
SECTION 16. . 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 17. Covenanj of Conagratign. 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 18. Annrovals. 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. fampletipnidAmenitat Upon the completion of performsmce
of this Agreement or its revocation or termination, a stmt evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded in
the official records of the City.
SECTION 20.e 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
amt between the parties hereto pertaining to the subject matter bcreo£
SECTION 21. CQnstru 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 er 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. aP,s1t. If any term or provision of this Agreement or
the application thereof to any person or circumstance is declared invalid or enforceable,
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 fall 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 rived 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. Cad Aman lments, Subsequently adopted ordinances and codes
of the City which are of general application not governing the development of laird shall
be applicable to the Property, sual such modifications are specifically anticipated in this
Ag a mens
SECTION 24. � rbie�, 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.
to
SECTION 25. Agiggd,t. 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 have hereto executed this Agreement the
date and year first above written.
In the Presence of
Print Name Ai'" Barsortn...
Print Name
As to `Developer"
Print Nance
Print Name
Asto"City"
CITY OF CLEARWATER, FLORIDA
BY: i ' 73E
William B Home II,
CityM
Countersigned:
icor, CrIkttof
11
STATE OF FEO1UD .42 51-w% 5
COUNTY OF PINELLAS kS beat ktte
•
forePing was acknowledged before me this i 4b day of
GThe
p r , 2014, by 1. trice , as 'Lit Sea
Captain, LLC, on behalf of the d entity. He is I jJ , 1., wn to me or has
[ I Produced as identification.
Print: 7 d e4 jj Mee le ►ar
Notary Public — Stade of Florida
My Commission Expires: -alto -4/7
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this i Li'4 " day of
j
Ck t� # .t' , 2014, by WILLIAM II
B. HORNE, , as City Manager of the
City of Clearwater, Florida, who is [ personally known to me or who has [ ]
produced as identification.
SANDRA HARMER
NOTARY PUBLIC
STATE OF FLOREM
Commit SEMEN
Expires 1/412016
Pnnb
Notary Public - State Fl
My commission Expires: II sotto
12
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 tying in Section 8, Township 29 South, Range 15 East, Pinaflas County,
Florida, being more particularly described as follows:
Commencing at the Southwest corner 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 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 seawall the following Eleven (11) courses and distances: (1)
S.83°26'46°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 S.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.67'23'146E., (4) S.55•02'38"E., a distance of 11.52 feet, (5)
S.52'13'39'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 3920 feet
and a chord bearing of S.45°10'2911E., (7) S.3198'16"E., a distance of 21.68 feet,
(8) S.30'11'S1"E., a distance of 11.36 feet, (9) S.30'23'47"E., a distance of 44.42
feet, (10) S.30640'13"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 S.27°0916"E. to the South boundary line of
aforesaid Lot 2 (as occupied); thence N.84'27'50W. along said South boundary
Bine 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 Beginning. Containing 0.83 acres, more or less.
ALSO:
A PART OF that tram, 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 lies between Lots 1 and 2 and
the bulkhead !Me shown on the map or plat above referenced to, saki land being
more particularly described as follows:
Beginning at the SE Corner of Lot 2 and run thence 8.84627'04"E. 15 feet to the
bulkhead line shown on said map or plat thence along said bulkhead ire 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°12'05"W., to the point of intersedian of
said bulkhead line with the projectlon 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 83.28 feet, a chord of 82.80 feet and a chord bearing of N.44°5824'1N.,
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 S.41 °40'SrE.; thence
5.31°181161E. 21.66 feet thence S.30'11'51"E. 11.36 feet; thence 5.30°23'47"E.
44.42 feet thence 5.30°40'13"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 14.06 feet and a
chord bearing of S.27°09'16"E., to the Point of Beginning. Contabgng 0.045
acres, more or loss.
Lees and except the .172AAcres zoned UIDR.
EXHIBIT "B"
Survey, Conceptual Site Plan, and Architectural Drawings
DESCRIPTION: (OR BOOK 18456, PG 1768)
BEGIN AT THE SW CORNER OF WATER LOT 1 OF CITY PARK SUBDIVISION, AS RECORDED IN PLAT
BOOK 23, PAGE 37, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND RUN THENCE WEST
ALONG THE EAST AND WEST CENTER LINE OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
15 FEET TO THE EASTERLY LINE OF CORONADO DRIVE, THENCE S. 05'32'30" W., 116.26 FEET TO
THE NORTHERLY LINE OF FIRST AVENUE; THENCE S. 84'27'30" E., 228.00 FEET ALONG THE
NORTHERLY LINE OF FIRST AVENUE, TO THE WESTERLY LINE OF HAMILTON DRIVE; THENCE N.
05'32'30" E., 87.59 FEET ALONG SAID WESTERLY LINE; THENCE ALONG A CURVE TO THE RIGHT,
CHORD BEARING N. 50'32'30" E., 21.21 FEET, ARCH EQUALS 23.56 FEET AND RADIUS EQUALS 15
FEET; THENCE S. 84'27'30" E., 27.00 FEET; THENCE N. 05'32'30" E., 39.89 FEET TO THE EAST
AND WEST CENTER LINE OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND THE HIGH
WATER MARK IN CLEARWATER HARBOR; THENCE WESTERLY AND NORTHERLY ALONG THE SAID HIGH
WATER MARK TO A POINT LYING N. 04'25'11" W., 71.53 FEET FROM THE POINT OF BEGINNING;
THENCE S. 0425'11" E., 71.53 FEET TO THE POINT OF BEGINNING, LESS THE FOLLOWING
DESCRIBED TRACT: BEGIN AT THE SW CORNER OF WATER LOT 1 OF CITY PARK SUBDIVISION, AS
RECORDED IN PLAT BOOK 23, PAGE 37, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND
RUN THENCE WEST ALONG THE EAST AND WEST CENTERLINE OF SECTION 8, TOWNSHIP 29 SOUTH,
RANGE 15 EAST, 15 FEET TO THE EASTERLY LINE OF CORONADO DRIVE; THENCE S. 05'32'30" W.,
116.26 FEET TO THE NORTHERLY LINE OF FIRST AVENUE; THENCE S. 84'27'30" E., 100.00 FEET
ALONG THE NORTHERLY LINE OF FIRST AVENUE; THENCE N.05'32'30"E, TO THE HIGH WATER MARK
u. i+o r• flu •rrn o I nn'.n_ +. orunr .5~5. rn.v • •Bn I Brno .1 •o n•In Cun Bur.B II/ •rrn • •nu t'. •
LOTS 1 AND 2, BAYSIDE SU
THE PUBLIC RECORDS OF PI
SECTION 8, TOWNSHIP 29
PARTICULARLY DESCRIBED AS
COMMENCING AT THE SOUT
RECORDED IN PLAT BOOK 23
WEST, ALONG THE EAST AND
TO THE EASTERLY RIGHT -0
EASTERLY RIGHT-OF-WAY OF
RIGHT-OF-WAY OF FIRST AV.
FIRST AVENUE, A DISTANCE 0
DISTANCE OF 178.11 FEET T
THENCE ALONG SAID CENTE
(11) COURSES AND DISTANC
ALONG A CURVE TO THE RI
CHORD OF 29.56 FEET AND
CURVE TO THE RIGHT NAVIN
39.55 FEET AND A CHORD
FFFT. (51 1 3' 3Q"F.. A ISI;
•
LEGEND
A/C AIR CONDITIONER
ADA AMERICANS WITH DISABIUTIES ACT
DETECTIBLE SURFACE
BFPD BACK FLOW PREVENTION DEVICE
B/T BUILDING TIE
C# CURVE — SEE CURVE TABLE
(C) CALCULATED
CBW CONCRETE BLOCK WALL
CFD C. FRED DEUEL & ASSOCIATES, INC.
CENTERUNE
CLF CHAIN LINK FENCE
CONC. CONCRETE
C/T CURB TIE
CRW CONCRETE RETAINING WALL
(DB) DEED BOOK
ERCP ELLIPTICAL REINFORCED CONCRETE
PIPE
EP EDGE OF PAVEMENT
EL ELEVATION
F. FOUND
(F) FIELD
FB FIELD BOOK
FCIR FOUND CAPPED IRON ROD
FCM FOUND CONCRETE MONUMENT
FFE FINISHED FLOOR ELEVATION
FIP FOUND IRON PIPE
FIR FOUND IRON ROD
FN&D FOUND NAIL AND DISK
FPC FLORIDA POWER CORPORATION/
PROGRESS ENERGY (NOW KNOWN
AS DUKE ENERGY)
F/T FENCE TIE
ID. IDENTIFICATION
L# LINE — SEE LINE TABLE
(L) LEGAL DESCRIPTION
LB LICENSED BUSINESS
MH MANHOLE
NE'LY NORTHEASTERLY
NGS NATIONAL GEODETIC SURVEY
NO. NUMBER
OH OVERHEAD WIRES
OR OFFICIAL RECORD BOOK
(P) PLAT BOOK 23, PAGES 18-19
PB PLAT BOOK
(PCPAO) PINELLAS COUNTY PROPERTY
APPRAISER'S WEB SITE DATA
PG PAGE/PAGES
PLS PROFESSIONAL LAND SURVEYOR
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
PSM PROFESSIONAL SURVEYOR &
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FIRST AMENDMENT TO THE
HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT
AGREEMENT ("AMENDMENT") is dated the day of , 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 Development Agreement.
Developer:
DECADE SEA CAPTAIN, LLC
By:
Print Name: Jeffrey Keierleber, Managing Member
Print Name:
As to "Developer"
City:
CITY OF CLEARWATER, FLORIDA
By:
Print Name: William B. Horne II,
City Manager
Print Name:
As to "City"
Attest:
Rosemarie Call, City Clerk
Countersigned:
George N. Cretekos, Mayor
Approved as to Form:
Mike Fuino
Assistant City Attorney