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19-23RESOLUTION NO. 19-23 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND TRIPROP CLEARWATER, LLC AND M E M PC PROPERTIES INC. (AS ASSIGNED BY ALANIK PROPERTIES; ANCO HOLDINGS, LLC; NIKANA HOLDINGS, LLC); PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and Alanik Properties, LLC; Anco Holdings, LLC; and Nikana Holdings, LLC (collectively, the "Original Developer") are parties to that certain Hotel Density Reserve Development Agreement (the "Agreement") as originally approved on September 24, 2014, a copy of which is attached as Exhibit "1"; and WHEREAS, the City and the Original Developer amended the Agreement (the "Amended Agreement") on August 20, 2015, a copy of which is attached as Exhibit "2"; and WHEREAS, the Original Developer's interest in the Agreement and the Amended Agreement was assigned to Triprop Clearwater, LLC (the "New Developer") on May 9, 2016; and WHEREAS, the City and the New Developer desire to amend certain terms and provisions of the Agreement and the Amended Agreement, as more fully set forth in the attached Exhibit "3"; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The second AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT between the City of Clearwater and TRIPROP CLEARWATER, LLC AND M E M PC PROPERTIES INC. (AS ASSIGNED BY ALANIK PROPERTIES; ANCO HOLDINGS, LLC; NIKANA HOLDINGS, LLC), a copy of which is attached as Exhibit "3," 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. Resolution No. 19-23 PASSED AND ADOPTED this .911 -\4 -day of e)11! , 2019. Approved as to form: Michael P. Fuino Assistant City Attorney Resolution No. 1 9-23 George N. Cretekos Mayor Attest: Rosemarie Call City Clerk Original Hotel Development Agreement Exhibit 1 to Resolution 19-23 HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("Agreement") is dated the :20.1° ' day of , it att ,, l<1? , 2014, and entered into between ALANIK PROPERTIES, LLC, ANCO HOLDINGS, LLC, and NIKANA HOLDINGS, LLC (collectively "Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof ("City"). 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 IL and entitled Beach by Design; and WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns 1.994 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property by demolishing existing hotel rooms and other uses in order to construct two hundred and twenty-seven (227) overnight accommodation units, meeting space for guest use, pool, new lobby and parking with 272 parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B" (collectively the "Project"); and WHEREAS, the Property has not previously acquired density from the Destination Resort Density Pool; and WHEREAS, upon completion the planned resort will contain 227 overnight accommodation units. which includes 100 units from the available Hotel Density Reserve ("Reserve units"); and KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY. FL iNST# 2014271635 09130/2014 at 02:13 PM OFF REC BK. 18541 PG: 1887-1928 Doc Type ,AGWI RECORDING' $368.50 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 , 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 furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. jreeitaIs. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a land use designation of Resort Facilities High and is zoned Tourist (T). 3.2. The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. 3.3 The Property is generally located at 401, 411, and 421 South Gulfview Blvd., Clearwater, 1'1: 33767, as further described in Exhibit '`A'". SECTION 4. Scope of Project. 4.1 The Project shall consist of 227 overnight accommodation units. Of the 227 overnight accommodation units, 100 units shall be from the Hotel Density Reserve. 4.2 The Project shall include a minimum of 272 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 114 units per acre. In no instance shall the density of a parcel of land exceed 117 units per acre. The height of the Project shall be 137'-10" feet measured from Base Flood Elevation, as defined in the Code. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida 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. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property. 6.1.3.1 To retain the grant of Reserve Units provided for herein, the Property and improvements located thereon shall be developed in substantial conformance with the Conceptual Site Plan attached as Exhibit "B". Any modifications determined by the Planning Director as either inconsistent with attached Exhibit "B" or constituting a substantial deviation from attached Exhibit "B" shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code, and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project, and may terminate this Agreement in accordance with Section 10. 6.1.3.3 The Developer shall execute, prior to commencement of construction, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", stating that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation no rights of Developer remain or will be exercised to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return of Units to Reserve 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. 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 all units must be provided through a lobby and internal corridor. All units shall be available to the public for overnight transient hotel occupancy at all times through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one (l) month or thirty- one (31) consecutive days, whichever is less. No unit in the hotel shall be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of "dwelling unit" in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII of Beach by Design. 6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Hotel after 11:00 p.m. on Sunday through Thursday, or after 12:00 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 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive 100 units from the Hotel Density Reserve as defined in Beach by Design, contingent upon the provisions of Section 6.1.5. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization's [MPO] or its successor's countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the Project shall include the following: • Recognition of standard data sources as established by the MPO; • Identification of level of service (LOS) standards for state and county roads as established by the MPO; • Utilization of proportional fair -share requirements consistent with Florida Statutes and the MPO model ordinance; • Utilization of the MPO Traffic Impact Study Methodology; and • Recognition of the MPO designation of "Constrained Facilities" as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupancy. 7.7 Developer agrees to provide a cashier's check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. Required Local Government Au,Qrovals. 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; 82 Construction plan approval(s); 8.3 Building permit(s); 8.4 Certificate(s) of occupancy; and SECTION 9. Finding of Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. Except in the case of termination, until ten (10) years after the date of this Agreement, the City may apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City has held a public hearing and determined: (a) They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in this Agreement; (d) The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e) This Agreement is based on substantially inaccurate information provided by the Developer SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Alanik Properties, LLC 421 S. Gulfview Blvd. Clearwater, FL 33767 With Copy to: Brian J. Aungst, Jr. Macfarlane Ferguson & McMullen, P.A. 625 Court Street Clearwater, FL 33756 If to City: City of Clearwater ATTN: City Manager 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3`a) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Bits. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall he released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non -Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Congtruction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. SECTION 24. Counterparts. This Agreement may be executed in counterparts. all of which together shall continue one and the same instrument. SECTION 25. Amalgam. 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 WITNESS WHEREOF, Developer has caused this Agreement to be executed this ft. day of _, 2014. In the Presence of Alanik Properties, LLC., Anco Holdings, LLC, and Nikana Holdings, LLC By: As to "Developer" ole CITY OF CLEARWATER, FLORIDA By: Attest: William B Home II, City Manager Rosemarie Call, CMC, City CI Countersigned: t to 9ftt Cee ,s Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this /7 day of it 2014, by Martin R. Cole, on behalf of Alanik Properties, LLC, Anco Holdings, , an /slikana Holdings, LLC. He is [ ] personally known to me or has ] produced as identification. (41 Print Nam Notary Public — State ofFlorida My Commission Expires: KATHY M. MITTLER m CVMMISSION EE97487 k.PtRE..S August 26, 2015 ,r8K$F N4ty omi Ac Co. SCHEDULE "A" PROJECT LEGAL DESCRIPTION PARCEL 1: LOT 75 LESS THE NORTH 10 FEET THEREOF AND ALL OF LOTS 76 AND 77; THAT PART OF LOT 123 OF LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 123 AND RUNNING THENCE ALONG ITS EASTERLY BOUNDARY, 25 FEET, THENCE WESTERLY IN A STRAIGHT LINE TO A POINT IN THE WESTERLY BOUNDARY OF SAID LOT, WHICH IS MIDWAY BETWEEN ITS NORTHWEST AND SOUTHWEST CORNERS; THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT, 25 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID LOT TO THE POINT OF BEGINNING. AND LOTS 124, 125, 126 AND 127, LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS THAT PART OF LOT 127 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT AND RUNNING EASTERLY 3 FEET ALONG THE NORTH BOUNDARY; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH ALONG THE WESTERLY BOUNDARY TO THE POINT OF BEGINNING. AND LOTS 128 AND 129, LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PIAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 2: LOTS 72, 73, 121, 122 AND THE NORTH ONE-HALF OF LOT 123. LLOYD - WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PIAT T'I IERI OF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS O1= PINELL_AS COI INTY_ FLORIDA. PARCEL 3: LOT 74 AND THE NORTH 10 FEET OF LOT 75, LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOTAL COMBINED SITE AREA CONTAINS 86,880 SQUARE FEET OR 1.99 ACRES, MORE OR LESS. Exhibit "B" Survey, Conceptual Site Flan, and Architectural Drawings urca ROMP — SOUTH GULFVIEW BOULEVARD o�_ MUM �. 14.a1 MINN P SITE PLAN 2013,06.27 Al 0 HSAAP tCAnw CORONADO DRIVE PROJECT NORmN 201a0627 A2 2 4.11,311...fON £ ZY \` crso sIoz �dw .ted ..f0 .o... �m i 2 / ` 1034103-�— ------ ------------- _ .1.11MAIC GIRO Paa T1 -t 0 m --.- \\.....,.x,„,...,_\ 1, 421 S. GULFVIEW BLVD, WATER, FL ■ r Z ■ H ornrs •i - rwuvn.mn+ w..uvffw•..a• rfa.rune.. wuvua+mav• I I 1 l -. UMW i>3if/b6131 iYfMiM � toofpl i 'lll■`III ilit Q varenr' A fm�n�. P 1 ___ -� :s s< oTNp-frbvs 'Irpi • \V 1111111 y _ char .teranecz — �l. I§ 1 I- 6 2 ALANIK HOTEL 401, 411, 421 S. GULFVIEW BLVD. 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M ROW R RR 0 IL 11.0 K 11110 1110411110434 Wan 9001 6E0I60Ma 601. 410111.0 MI 41 rm9RY6la Wt e,P+ ii erre' e`Ief i { lSf ti{ 1 PPPPiti,,'kg 777d7�I1ll.une�s�.,�w,u4 0• I 1.1 111 I nil II -<:-.:154.}1 bA P4P4C{ +F �• 64ia 3K°8 AA a 41% 4 1 SECTION 7, TWP, 29 S., ENG. 1t107� 'AJ,Nf103 SV77,3NId EXHIBIT "C" COVENANT REGARDING HURRICANE EVACUATION and DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of , 2014, by ALANIK PROPERTIES, LLC, ANCO HOLDINGS, LLC, and NIKANA HOLDINGS, LLC, (collectively "Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such hotels as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on , 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: bene 1. Benefit and Enforcement. These covenants and restrictions are made for the of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Oneration. 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: 2.1.1 227 units, 100 of which are units allocated to Developer from the Hotel Density Reserve, shall be used solely for transient occupancy of one month or thirty-one (31) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. No unit shall be used as a primary or permanent residence. Access to the units must be provided through a lobby and internal corridor. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. All units shall be required to be submitted to a rental program requiring the units to be available for members of the public as overnight hotel guests on a transient basis at all 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 unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. The Developer agrees to comply with the Design Guidelines as set forth in Section VII of Beach by Design. 2.1.2 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel", and "operator" shall have the meaning given to such terms in Florida Statutes Chapter 509, Part I. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the 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. 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 evidenced by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this day of ,2014. e Presence of: ALANIK PROPERTIES, LLC, ANCO HOLDINGS, LLC, and NIKANA HOLDINGS, LLC As to "Developer" CITY OF CLEARWATER, FLORIDA By: William B Home 11, City Manager Attest: Rosemarie Call, CMC, City Clerk Countersigned: George N. Cretekos, Mayor Approved as to Form: Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this / 1 day of by Martin R. Cole, on behalf of Alanik Properties, LLC, Anco Holdings, LLC', and Nikana Holdings, LLC. He is personally known to me or has [ ] produced as identification. , 2014, Print: Notary Public — State of Florida My Commission Expires: ATi,1Y M_ ?v({Til�R My COMMISSION if F.?©4M67 EXPIRES Augus 26, . 8 woe 04,.." Atseie. Cm SCHEDULE "A" PROJECT LEGAL DESCRIPTION PARCEL 1: LOT 75 LESS THE NORTH 10 FEET THEREOF AND ALL OF LOTS 76 AND 77; THAT PART OF LOT 123 OF LLOYD - WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 123 AND RUNNING THENCE ALONG ITS EASTERLY BOUNDARY, 25 FEET; THENCE WESTERLY IN A STRAIGHT LINE TO A POINT IN THE WESTERLY BOUNDARY OF SAID LOT, WHICH IS MIDWAY BETWEEN ITS NORTHWEST AND SOUTHWEST CORNERS; THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT, 25 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID LOT TO THE POINT OF BEGINNING. AND LOTS 124, 125, 126 AND 127, LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS THAT PART OF LOT 127 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT AND RUNNING EASTERLY 3 FEET ALONG THE NORTH BOUNDARY; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH ALONG THE WESTERLY BOUNDARY TO THE POINT OF BEGINNING. AND LOTS 128 AND 129, LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 2: LOTS 72, 73, 121, 122 AND THE NORTH ONE-HALF OF LOT 123, LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 3: LOT 74 AND THE NORTH 10 FEET OF LOT 75, LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOTAL COMBINED SITE AREA CONTAINS 86,880 SQUARE E LET OR 1..99 ACRES, MORE OR LESS EXHIBIT "D" COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this ;A day of ?6�:. s- 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 WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Hotel Density Reserve Development Agreement dated , ' > } 'ry -:., 201 `-t (the "Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Covenant. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a limited -service hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third -parties. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. In the Presence of: Print As to "Developer" Alanik Properties, LLC, Anco Holdings, LLC, and Nikana Hol CITY OF CLEAR WATER, FLORIDA By: 4„, -ft itt14,.% William B Home H, City Manager Attest: 04_ A Rosemarie Call, CMC, City Cle Countersigned: George N Crrtkos. vayor Approved as to Fo 0 Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing Declaration was acknowledged before me this / day of 4,� y , 2014, by Martin R. Cole, on behalf of Alanik Properties, LLC, Anco Holdings, LLC, and Nikana Holdings, LLC. He is ""personally known to me or has [ produced _ as identification. Print: Notary Public — State of Florida My Commission Expires: KATHY M MITTLER MY COMMISSION W EE474$7 owl F.XP!RES. August 26. 2013 . J )-N07AlaY 1.1 NMery Ouooreu Nree. SCHEDULE "A" PROJECT LEGAL DESCRIPTION PARCEL 1: LOT 75 LESS THE NORTH 10 FEET THEREOF AND ALL OF LOTS 76 AND 77; THAT PART OF LOT 123 OF LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 123 AND RUNNING THENCE ALONG ITS EASTERLY BOUNDARY, 25 FEET; THENCE WESTERLY IN A STRAIGHT LINE TO A POINT IN THE WESTERLY BOUNDARY OF SAID LOT, WHICH IS MIDWAY BETWEEN ITS NORTHWEST AND SOUTHWEST CORNERS; THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT, 25 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID LOT TO THE POINT OF BEGINNING. AND LOTS 124, 125, 126 AND 127, LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS THAT PART OF LOT 127 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT AND RUNNING EASTERLY 3 FEET ALONG THE NORTH BOUNDARY; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH ALONG THE WESTERLY BOUNDARY TO THE POINT OF BEGINNING. AND LOTS 128 AND 129, LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 2: LOS 72, 73, 121, 122 AND THE NORTH ONE-HALF OF LOT 123, LLOYD - WHITE -SKINNER SUBDIVISION, ACCORDING "1-0 `i'1IF. PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 ANI) 13, PUBLIC RECORDS OF PIN1:1 I,AS CO N"I'Y. FLORIDA. PARC'I•I.. ,: LOT 74 AND THE NORTH 10 FEET OF LOT 75, LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOTAL COMBINED SITE AREA CONTAINS 86,880 SQUARE FEET OR 1.99 ACRES, MORE OR LESS. First Amendment to Hotel Development Agreement Exhibit 2 to Resolution 19-23 I#: 2016161356 BK: 19207 PG: 2409, 05/27/2016 at 11:05 AM, RECORDING 23 PAGES $197.00 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKTD02 FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT 'THIS FIRST AMENDMENT TO THE HOTEL DENSITYRESERVE VELOPMENT�AGREEMENT ("Amendment") is dated the 2O day of 2015, and entered into between ALANIK PROPERTIES, LLC, ANCO H DINGS, LLC, l and NIKANA HOLDINGS, LLC (collectively "Developer"), its successors\and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of_the-State of Florida acting through its City Council, the governing body thereof ("Cit,") WITNESSETH: WHEREAS, th jCity\and the Developer are parties to that certain Hotel Density Reserve Development`Agreement (the Agreement") dated September 10, 2014; and WHEREAS, the City and'the"Developer desire to amend certain terms and provisions of the Agreement, as more fully -set foith-herei below; and NOW, THEREFORE the City and the.Developer agree as follows: v 1. Exhibit "B," attached to the Agreement -is herebyamended and restated in its entirety and shall hereafter be and read as provided'in Exhibit";`B,1' attached to this Amendment and incorporated for all purposes. 2. Section 4.4 is amended to read as follows: The density of the Project shall be 114 units per acre. In no instance shall the density of a parcel of land exceed 117 units per acre. The height of the Project shall be 150 feet measured from Base Flood Elevation, as defined in the Code. The maximum building heights of various character districts cannot be increased to accommodate hotel rooms -all co ated from the Hotel Density Reserve. 3. Section 6.1.3.2 is amended to read as follows: The Developer shall obtain appropriate site plan approval pursuant too e 1\ One or Level Two development application within six (6) months from the effective date of this Amendment in accordance with provisions of the Code, and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of,the-Code.'Nothing herein shall restrict the Developer from seeking an extension of site plan approval -or -other development orders pursuant to the Code or state law. In the event that ewrk\is not) commenced pursuant to issued permits, or certificates of occupancy are not timely issued; the City may deny future development approvals and/or certificates of occupancy for the Project, and may terminate the Agreement in accordance with Section 10. 4. This Amendment embodies the entire agreement between the City and the DevelopeC with respect to the amendment of the Agreement. In the event of any conflict or inconsistency (G M 14-1424154/171538/11 PINELLAS COUNTY FL OFF. REC. BK 19207 PG 2410 between visions of the Agreement and this Amendment, the provisions of this Amendment all control and govern. 5. Except as specifically modified and amended herein, all of the terms, provisions, requirements and specifications contained in the Agreement remain in full force and effect. Except as�otlierwise\expressly provided herein, the parties do not intend to, and the execution of this Amendment)shall not, in any manner impair the Agreement, the purpose of this Amendment being .simply to amend and ratify the Agreement, as hereby amended and ratified, and to confirm-and.carry orwar the Agreement, as hereby amended, in full force and effect. IN WITNESS\WHEREOF, the parties have hereto executed this Agreement the date and year first above •writt n. In the Presence of: Alanik Properties, LLC, Anco Holdings, LLC, and Nikana Holdings, LLC Prin Name Print Name As to "Developer" [GM14-142a1sa/171538/11 \\ CITY By: U) B" William Home II, City Manager n K ole ARWAT L� Attest: Rosemarie Call, CMC, City Cle Countersigned: t(le rl crt\tIcos George N. - tekos, Mayor Appr )) Assistant City Attorney PINELLAS COUNTY FL OFF. REC. BK 19207 PG 2411 STATE OF,FLORIDA COUNTY OF PINELLAS The.foregomgDeclaration was acknowledged before me this day of, 2016 by Martin R: Cole, on behalf of Alanik Properties, LLC, Anco Holdings, L� Nikana Holdings,(LLC. He is rsonally known to me or has [ ] produced as identification_, Notary Public — State of Florida My Commission Expires: 45: •�"r "tr BROOKE E 3LLNS MYCOMMISSI0MlEE857696 *EXPIRES: January 18, 2017 'aAO4' Botd.dThroBudp►Nd1aYSW= [GM14-1424154/171538/11 PINELLAS COUNTY FL OFF. REC. BK 19207 PG 2412 Exhibit "B" to HDA I'Survey, Conceptual Site Plan, and Architectural Drawings 0 PINELLAS COUNTY FL OFF. 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BK 19207 PG 2423 • 3.3 w •r• re N • CLEARWATER HOTEL Charwater, FL Wpm MMrMfw. lA4yY0LLr MMenemoo MY1 Mr.1Paw M/N rar.ry rWM AO rww 1..w«IIMrNl. 0 bongo **km MMssrr r«arr. oMMrRwrMMW.INU tomMammo arta • sorJ q/D WAI MMON\ ZYSCOVICH M /3 FIN IM 1•-a.O A4tO ,40114• AP. milim.miwwwwo PINELLAS COUNTY FL OFF. REC. BK 19207 PG 2424 AMI t CLEARWATER HOTEL CM rwater. FL wow* naM.M., .trrnwwww rwrawrawsrra.Mr. rn a IUn WWII Mt MxwI ...AMO aOW. .+..Ot r•OWNr&WOO MiN Y.4W.V. nOCbif ZYSCOVICH ""t'"`1• +• - 40'.0" .4•117 PINELLAS COUNTY FL OFF. REC. BK 19207 PG 2425 CLEARWATER HOTEL Clearwater, FL. PON 00 p/*rppnr WIN 070.11p1NYp ryrpaWrrpt MMNW wvnpswr.. /maw wrawly d MtMrp MOW&A ri. ZYSCOVICH ,#x11w r = 4o.a k”2 PINELLAS COUNTY FL OFF. REC. BK 19207 PG 2426 _ s _ /I\ I\ a. 11 CLEARWATER HOTEL Clearwater, FL 1MO11R 1M4MW11. 11MM1gmiaUmbra mu 1M u mar M1114 Arealnr7r r r. wfM41► XV NOW OW d1N11Mr 7M1NOM kVA MMMr0larnn.. IMr1w wooer 1) Mama WAN& 111NMN4~MO X111 WWWWW/ N\ ZYSCOV I C H w...... '-' :11;:11•,. &Dig IPS A.113 PINELLAS COUNTY FL OFF. REC. BK 19207 PG 2427 aourMVr$raew CLEARWATER HOTEL Clearwater, FL rot NMMea ararpa roma Mewrrrirlimiel010 •r*** WMma r ONIWW aim INOWS lr bow. MICr Marm Maw r ma MrMlrllr NMOr. 11611101.11~0,101011rrrMODll SD NM NORnwMrrwrw � situ avw, 1 w PINELLAS COUNTY FL OFF. REC. BK 19207 PG 2428 ea St Sr me •r r Mr/ I Or a. or CLEARWATER HOTEL Clearwater, FL NI MIN Ipwa66•a r a6apw. wrwwn ti pews r6rw a'wwp wow r., 0w0400++.8.rlw...arrW1.01444WP +ww.wYwwr.wa01.110 N..NNpra tiw4.004yMN1A. Swam mows 21.4 arr.'s„+r +i • ZYSCOVICH . •I .arrr•a,w J / .r" AMINV Tara PINELLAS COUNTY FL OFF. REC. BK 19207 PG 2429 CLEARWATER HOTEL Clearwater, FL uayWa rpsmw aaleIcat armddN toelm Ow am* /aaWMmum Napo �nerofiaav* AM q«aaaaawa^awt llU M *NW maw* d Amps 4eMOR ammo arwaeO am inNaM OMM \ ZYSCOYICH •"'^"'^" A. 16 PINELLAS COUNTY FL OFF. REC. BK 19207 PG 2430 M. a.. • atm 8, MM.rM11op • 1U' 0.olr.woo •r GraliA s: `- - O.M.Mdft✓ • of 14'3 �wMeer *lam 111111.1110 C• Vems Ana a raw M.Man.II/UN d �'b �.la S✓b Tem Ira M M. Mos* Now• /w CLEARWATER HOTEL CFaarwahr, FL M..e.M. spemom i..i...M• • stew. 40Y.q..M✓*1 *M ON M.N. gip M.M.MM..IMM... NOM w*I.M.Ir•*IMO 4/0N4 411011•0 WOWam. ammammom ZYSCOVICH =.:"`t T• . SOW 4"7 _mon • "rr •MN...3010. PINELLAS COUNTY FL OFF. REC. BK 19207 PG 2431 CLEARWATER HOTEL Cl aiwator, FL IYsyst hrww. wpypntraglow w,rs rrrar.ISan w i•wMwr M .._w_*MOM Y~OW*ww.Ie Yrs ...ec MM MOM MIAMI W WIWI 13 PIM 2YSCOv AtgaW A•111 .www Proposed Second Amendment to Hotel Development Agreement Exhibit 3 to Resolution 19-23 Retum to: City Attorney's Office City of Clearwater P.O. Box 4748 Clearwater, FL 33758 Second Amendment to Development Agreement THIS SECOND AMENDMENT to DEVELOPMENT AGREEMENT ("Second Amendment") is dated the day of November, 2019 and entered into between Triprop Clearwater LLC, a Florida limited liability company ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting though its City Council, the governing body thereof ("City"). Recitals: WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth 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, the City and Alanik Properties, LLC, a Florida limited liability company, and Anco Holdings, LLC, a Florida limited liability company, and Nikana Holdings LLC, a Florida limited liability company (collectively, "Original Developer") entered into a Development Agreement (HDA2014-06004, Resolution 14-29) dated September 24, 2014 and recorded at Official Records Book 18541, Page 1887 in the public records of Pinellas County ("Development Agreement") as amended by that certain First Amendment to the Hotel Density Reserve Development Agreement (HDA2015-06001, Resolution 15-19) between the parties dated August 20, 2015 and recorded in the public records of Pinellas County at Official Records Book 19207, page 2409 ("First Amendment"); WHEREAS, the Original Developer's interest in the Development Agreement was assigned to Developer pursuant to that certain Assignment of Hotel Density Reserve Development Agreement dated May 9, 2016 as consented to by the City; WHEREAS, Beach by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community by further providing for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and 1 WHEREAS, the Development Agreement provided one hundred (100) units from the Hotel Density Reserve to the Developer to be utilized on 1.994 acres of real property (as described in the Development Agreement as "Property"); and, WHEREAS, maximum density permitted on the Property, pursuant to Beach by Design, is 150 units per acre; and the Development Agreement provided for a density of 114 hotel units per acre; and, WHEREAS, the Developer is the owner of the Property and the adjacent property located at 431 S. Gulfview Blvd and as described in Exhibit A-1 attached hereto and made part hereof ("Adjacent Property") and desires to include the Adjacent Property to the Project; and, WHEREAS, the Adjacent Property is 0.426 acres and allows for an increase of twenty- one (21) hotel units to the Project; WHEREAS, the Developer desires to modify the Project as provided for herein and in Exhibit B-1, attached hereto and made part hereof; WHEREAS, upon completion of the Project contemplated in the Amended Agreement, the Project will contain a total of two hundred forty eight (248) overnight accommodation units (103 units per acre), which includes one hundred (100) units originally granted from the available Beach by Design Hotel Density Reserve ("Amended Project"); and WHEREAS, the Project includes an elevated pedestrian bridge across S. Gulfview Blvd.; which connect the Project to 430 S. Gulfview Blvd.; and, WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2019) and any other applicable law; and WHEREAS, the City has determined that, as of the Effective Date of this Second Amendment, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City has conducted public hearings as required §§ 4-206 and 4- 606 of the Community Development Code ("Code"); and WHEREAS, at a duly called public meeting on November _, 2019, the City Council approved this Second Amendment and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, upon approval by the City Council, the Developer will seek to amend the site plan approved pursuant to FLD2015-09036 pursuant to the Code ("Site Plan") which has been extended pursuant to state and local law and FLD2013-04015 pertaining to 430 S. Gulfview Blvd.; and, WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Agreement as more fully set forth herein below. STATEMENT OF AGREEMENT NOW THEREFORE, 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, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. Section 3 of the Agreement shall be amended to include the Adjacent Property located at 431 S. Gulfview Blvd, Clearwater, FL 33767 and Exhibit "A" shall be amended to include the property referenced in Exhibit "A-1". Any exhibit which includes a legal description is hereby amended to include the adjacent Property (collectively, "Property" and "Adjacent Property" is "Property") SECTION 4. Scope of Project. Notwithstanding anything contained in the Development Agreement to the contrary, the Agreement shall be amended as follows and all o t h e r references in the Agreement and Exhibits regarding the Project shall be consistent with the following: (a) Section 4.1 is amended to read: The Project shall consist of 248 overnight accommodation units inclusive of 100 units fr o m the Hotel Density Reserve and all references to the total number of units on the Property shall be amended to two hundred forty eight (248) units. (b) Section 4.2 is amended to read: The Project shall include a minimum of 298 parking spaces, as defined in the Community Development Code, and, in addition, shall provide a minimum of 230 publicly accessible Code -compliant parking spaces. (c) Section 4.3 shall be amended to read: The design of the Project, as represented in Exhibit `B-1", is consistent with Beach by Design. (d) Section 4.4 is amended to read: The density of the Project shall be 103 units/acre. In no instance shall the density of a parcel of land exceed 150 units per acre. The height of the Project shall be 150 feet as measured from Base Flood Elevation, as defined in the Code. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. (d) Section 4.5 is added to read: The Project shall include an elevated pedestrian walkway generally located at the south west quadrant of the site connecting the Project to the existing hotel building located to the southwest, across S. Gulfview Blvd., and located at 430 S. Gulfview Blvd., Clearwater ("Opal Sands") as conditioned by the requirements included in Exhibit "E" attached hereto and made part hereof and the conditions of site plan approval. (e) Section 6.1.3.1 shall reference Exhibit "B-1" as the Conceptual Site Plan. (f) Section 6.1.3.2 shall be deemed to require site plan approval within one (1) year from the effective date of this Second Amendment. (f) Section 6.1.3.4 is added to read: The pedestrian bridge requires an amendment to the approvals of 430 S. Gulfview Blvd. That property was the subject of a Level II Flexible Development application (FLD2013-04015; approved June 18, 2013 and thereafter constructed). An amendment to the previously approved site plan is required and 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 Second Amendment in accordance with the provisions of the Code, and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. (g) Section 6.1.3.5 is added to read: Direct access from the proposed pedestrian bridge to the public right of way is specifically prohibited. SECTION 5. Restrictive Covenants. The Agreement requires two restrictive covenants to be recorded in conjunction with the operation of the Property and such covenants shall be amended prior to recording consistent with the terms herein. a. Section 6.1.3.3 shall be amended, together with the Hurricane Evacuation Agreement included as Exhibit C therein, to reflect the total number of hotel units of 248 overnight accommodation units and include the legal description of the additional property attached hereto and made part hereof. b. Section 6.1.4 and the Covenant of Unified Use included as Exhibit D therein shall be updated to reflect the terms herein, including the addition of the property described in Exhibit "A-1". SECTION 6. Approvals. Notwithstanding anything to the contrary contained in the Development Agreement, including section 6.1.3.2, the Developer shall receive site plan approval for the Amended Project within one (1) year of the effective date of this Second Amendment. Approval of this Second Amendment requires the approval of a substantial amendment to FLD2015-09036 which, if granted, shall supercede the existing approval. SECTION 7. Pedestrian Bridge. The City shall grant to Developer an easement for air rights over a portion of S. Gulfview Blvd as provided for herein, prior to the construction of the Pedestrian Bridge on further terms and conditions to be agreed to by the parties and accepted by the City's council at a subsequent public meeting and consistent with the terms herein. The easement may terminate as provided in the attached Exhibit "E," Part V. SECTION 8. Expiration Date. The Agreement, as amended, shall expire ten (10) years after the adoption of this Second Amendment. SECTION 9. Ratification. Except as specifically modified herein, all terms, conditions and obligations contained in the Development Agreement shall retain in full force and effect and are reaffirmed by the parties hereto. Signature page to follow Signature Page to Second Amendment to Development Agreement HDA2014-06004A In the Presence of: Triprop Clearwater, LLC Print Name: Mark Walsh, as Manager/Member Print Name: As to "Developer" 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: Michael Fuino Assistant City Attorney Signature Page to Second Amendment to Development Agreement HDA2014-06004A STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me the day of November, 2019, by Mark Walsh, as manager of Triprop Clearwater LLC, a Florida limited liability company, for the Company. He is [ ] personally known to me or has [ ] produced as identification. Notary Public Print Name: My Commission Expires: Exhibit "A-1" Adjacent Property Legal Description Lot 79 and 80, LLOYD WHITE SKINNER SUBDIVISION,.ding to`the plat thereof recorded in Plat Book 13, Pages 12 and 13 of the Public Records of Pinellas County, Florida. 1 K./ and also: Lot 78, LLOYD WHITE SKINNER SUBDIVISION, as aforesaid togs#her With the following parcel of land beginning in the NW comer of Lot 127, L ,OYD WHITE SKINNER SUBDIVISION, as aforesaid, as a PDS., run thence Easbcr'1y alongt , ` Northerly property line of said lot a distance of 3 feetthence Southwgsterly_to the SW corner of said lot; thence run Northerly along the Westerly lot line of'said•1oty`to 7 P.Q.S. G�� Exhibit "B-1" Revised Project KI NICHOLS BROSCH WURST WOLFE &ASSOCIATES, INC PATRICK BUSTEED ARCHITECT AR$2081 ALANIK HOTEL A-0.00 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 09/052019 1NICHOLS BROSCH WURST WOLFE SASSOGIATES. INC. ALANIK HOTEL A-0.01 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 09852019 P ZONING DATA LEGAL DESCRIPTION PARCEL 1: LOT 75 LESS THE NORTH 10 FEET THEREOF AND ALL OF LOTS 75 AND 77; THAT PART OF LOT 123 OF LLOYD-WHTESgMIER SUBDMSION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13. PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA DESCRIBED AS FOLLOWS: BEGINNING AT TIE SOUTHEAST CORNER OF LOT 123 AND RUNNING THENCE ALONG ITS EASTERLY BOUNDARY, 25 FEET; THENCE WESTELY IN A STRAIGHT LINE TOA POINT IN THE WESTERLY BOINDARY OF SAID LOT, WHICH IS MIDWAY BETWEEN ITS NORTHWEST AND SOUTHWEST CORNERS; THENCE SOUTHERLY ALONG TIE WESTERLY BOUNDARY OF SAID LOT, 25 FEET, MORE OR LESS. TO THE SOUTHWEST CORNER OF SAID LOT; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID LOT TO TIE POINT OF BEGINNING. AND LOTS 124,125,126 AND 127, LLOYD-WHITESKRINER SUBDMSICN, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PWT BOOK 13, PAGES 12 AND 13, PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA. LESS THAT PART OF LOT 127 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT AND RUNNING EASTERLY 3 FEET ALONG THE NORTH BOUNDARY; THENCE SOUTHWESTERLY INA STRAIGHT UNE TO THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH ALONG THE WESTERLY BOUNDARY TO THE POINT OF BEGINNING. AND LOTS 128 AND 128, LLOYD-WHRESKINNER SUBDIVISION, ACCORDING TO TH EPLAT THEREOF RECORDED IN PWT BOOK 13, PAGES 12 AND 13, PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA. AND LOTS 72, 73,121, 122 AND THE NORTH ONE-HALF OF LOT 123, LLOYD- WHITE -SKINNER SUBDMSION, ACCORDNG TO THE PWT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND LOT 74 AND THE NORTH 10 FEET OF LOT 75, LLOYD- WHITE -SKINNER SUBDIVISION. ACCORONG TO THE PWT THEREOF RECORDED IN PWT BOOK 13, PAGES 12 AND 13, OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA TOTAL COMBINED SITE AREA CONTAINS 88,880 SQUARE FEET OR 1.89 ACRES, MORE OR LESS. PARCEL 2: LOT 79 AND 80 OF LLOYD -WHITE -SKINNER SUBDIVISION. ACCORDING TO THE PIAT THEREOF RECORDED IN PWT BOOK 13, PAGES 12 AND 13, OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA. AND ALSO: LOT 78 LLOYD -WHITE -SKINNER SUBDIVISION, AS AFORESAID TOGETHER WITH THE FOLLOWING PARCEL OF LOUD BEGINNING IN THE NW CORNER OF LOT 127, LLOYD -WHITE -SKINNER SUBDIVISION. AS AFORESAID AS A P.O.B. RUN 'THENCE EASTERLY ALONG THE NORTHERLY PROPERTY LINE OF SAID LOT A DISTANCE OF 3 FEET; THENCE SOUTHWESTERLY TO THE SW CORNER OF SAID LOT; THENCE RUN NORTHERLY ALONG THE WESTERLY LOT LINE OF SAID LOT TO P.O.B. THE SUBJECT PARCEL CONTAINS 18,58520 SQUARE FEET OR 8426 ACRES, MORE OR LESS. SITE DATA ADDRESS 421 S. GULFVIEW BLVD ZONING DESIGNATION TOURIST (T) -RESORT FACILITES HIGH (RFH)- BEACH BY DESIGN FLOOD ZONE VE 13 -VE 14 a AE 12 LOT AREA 105.445 SOFT. (242 ACRES) DESIGN GUIDELINES ALLOWED/ REQUIRED PROVIDED DENSITY (50 Gua.wonmAKI. Max) (Beach by (Helga) 297.8 MR PARCEL I (1.99 Acne) 58.5 127 (FHOTRNU KEY CO66000/MI) PARCEL 2 1426 Ace.) 21.3 21 DENSITY POOL (BEACH BY DESIGN) 100 100 TOTAL 220 248 MAXIMUM BUILDING HEIGHT 150 FT 150 FT SETBACK REQUIREMENTS FRONT- (CORONADO DRIVE). WEST IMO' -16-0' IS -0' min SIDE- (5TH STREET)- NORTH V.O.'15-0' 10-0' FRONT- (S. GULFVIEW BLVD)- EAST 8-0' 8-0' INT. SIDE -SOUTH 0'-0'-18-0' 6-2. min FLOOR PLATE CALCULATION 25.000 SF 18,245 SF Between 45' and I00', the floorplate MI be no wader than 25.000 SF except for Parking SOu0Beas open to the Public. Between 108 and 150, the eoorplate ell be no greater 10,000 SF 18,245 SF than 10,000 SF. Deviations may be approved podded the oand Bode d dean creates a Need effect end complies elm the n.Wmum building envelope MovaaK. above 46. ) ENVELOPE °75%I DESIGN GUIDELINES ALLOWED/ REQUIRED PROVIDED PARKING CALCULATION GUESTROOMS 248 KEYS (1.2 per key) 297.8 MR LOADING REQUIREMENTS N/A 2(12»1 KO NICHOLS BROSCH WURST WOLFE & ASSOCIATES, INC. ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-0.02 09/05/2019 7 J r CORONADO DRIVE -.- FLOW PARCEL 1,, FLOM ZONE Ma NICHOLS BROSCH WURST WOLFE &ASSOCIATES, INC. ��i ® SIT EPLAN ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-0.03 09/05/2019 P CORONADO STREET FRONTAGE •100%•449415 STEPBACK REQUIRED = 75% =.15.05 STEPBACK PROVIDED 4E42% 5.76% •MOST, 7521%=190.95 AREA OF STEPBACK REQUIRED 337.03'9 IS =5055.9 SOFT. AREA OF MEMO( PROVIDED • 5,125.07 SOFT. L_:A AREA OF ADDIIIQNAL SIEPSACK PROVIDED =1,793 SO.FT. fU TOTAL AREA OF STEPBACK PROVIDED= 3,921.01 SOFT. to SETBACK p6 UNE SETBACK PROVIDED , RSETBACO ,, STEPVIDEO FRODED GQ 15 SETBACK LEE P1yppERTf 1131E ""KO1w� SAN' NICHOLS BROSCH WURST WOLFE &ASSOCIATES, INC. STEPBACK 0200 LEVEL 0150P-10 9a-4 Y 0350 Pb ]1' 9 53 -a - _01jp P.1 31'-r O51OPL 52,,4. D 45Pb h 4a-0' 0200 P.4 32 5 °TWOO' 34'-4' OOSOP-2 CORONADO IT'a IS STEPBACK REQUIRED AT A HEIGHT OF 251MK DRIVE 0009P-1 �+ 1—FF it f 1 h 1 I 11 1 4'.e aw J, a -o• Y PARKING GARAGE SECTION ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-0.04 09/05/2019 7 P 15.SETNACN UNE IESTEPBACK UNE 1 CORONADO STREW FRONTAGE • 150% • 00.419 S1EPNACK REUURED • 75% • 337.09 STEPBACK PROVIDED 49.42%. E16%.20.03%•7531%•338.03' 4- I AREA OF STEPBACK REWIRED 337.09519.5,055.5 SOFT. AREA OF STEPSACK PROVIDED= 5.123.07 SOFT. I AREA OF ADDITION& STEPNIM PROVIDED • 1.190 SCOT. I I 5. TOTAL AREA OF STEPBACK PROVED • 0,921.0750FT. 41.42%— OD'09 1,01111. 3,3520050.5T.•^''' A 1,708 SOFT.. 30940 SQFT. 1,311.77 SOFT. ,OSETNACK—.. 4'. UNE SETBACK PROVIDED STEPEACK PROVIDED 5 961096% 118E Sere :,. PROVIDED 15 SETBACK UNE to 4rw __ _ PkOPERNLME ,rv.y w NICHOLS BROSCH WURST WOLFE B ASSOCIATES, INC. STEPBACK 0300 LEVEL 1'. 30-0' ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-0.05 09/0512019 1 P 302 SF a Legend 8- BOH Ej 9- RETAIL 12 -CIRCULATION ▪ 13- VERTICAL CIRCULATION Ej 14- PARKING ▪ 16 -DECKS, TERRACES & BALCONIES SCHEDULE 294 SELF PARKING 154 VALET 11 ET DRIVEWAY 21 VALET OVERFLOW TS VALET TANDEM IQ& 71 SF AFPR0J0 FLOOD ZONE I I A11i1H -PaSTAT RACK�$I,I' APPRO»MAT ROOD ZONE LINE PEDESTRIAN BRIDGE PROJECTION ABOVE, • A OPAL SANDS HOTEL Az 3e NICHOLS BROSCH WURST WOLFE &ASSOCIATES, INC. ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-0.06 09/05/2019 1 J 7 Area Legend El 2- FSB 5- FOOD SERVICE Ell 6- LOBBY 7- FRONT DESK 8• BOM IN 13- VERTICAL CIRCULATION 14- PARKING 15- POOL 16 -DECKS, TERRACES & BALCONIES APPROXIMATE FLOODZONE LIME BEACH ACCESS ELEVATOR SEA 11 21 76 HEDULE SELF PARKING VALET VALET DRIVEWAY VALET OVERFLOW VALET TANDEM 666 / v BEACH ACCESS STAIR APPROXIMATE FLOOD ZONE UNE BEACH ACCESS 1 -* ELEVATORS ,SIMS -'>, &ESS - \\ \\ �O ;\ \,; PEOJECOON ABOGE PROECHONB005C " QUO_ \` \ \• V U / / \ \\\ '>4\ 'P 4\,9 APPRO%WTE rn FLOOD ZONEU - SE _ w NICHOLS BROSCH WURST WOLFE &ASSOCIATES, INC. ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-0.07 09/05/2019 7 Li P L 1 ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 NICHOLS BROSCH WURST WOLFE &ASS Md 40,05,56LOVWB /WM. 4OH1NeN,006041011.100,,85.10.,610.171:0: P CORONADO DRIVE Area Legend 3- MEETING El 3.5- PRE -FUNCTION 0 5- FOOD SERVICE 7- FRONT DESK 8- BOH Ei 12- CIRCULATION 13- VERTICAL CIRCULATION 14- PARKING 294 SELF PARKING 154 VALET 11 VALET DRIVEWAY 21 VALET OVERFLOW 76 VALET TANDEM PEDESTRIAN BRIDGE UNK TO OPAL SANDS RESORT. NOM THAN 17V FEET ABOVE STREET LEVEL i 1 F. KD NICHOLS BROSCH WURST WOLFE &ASSOCIATES, INC. u A-0.00/ r -21-0' ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-0.09 09/05/2019 P P C:womMenmaslDocumMh119004 Mark Hotel aemwalar 9/0.20195:51:11 PM UO NICHOLS BROSCH WURST WOLFE &ASSOCIATES, INC. 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 131.0H >IINV1V O O L J CORONADO DRIVE Area Legend 1-GUESTROOMS 4- RECREATIONAL 5- FOOD SERVICE 8- BOH El 12- CIRCULATION 13- VERTICAL CIRCULATION 14- PARKING Ell 15- POOL 16 -DECKS, TERRACES & BALCONIES BEACH ACCESS ELEVATORS NICHOLS BROSCH WURST WOLFE &ASSOCIATES, INC. 0300 LEVEL I P-6 20W' ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-0.11 09/05/2019 P P Lua (A. CORONADO DRIVE Area Legend 1-GUESTROOMS 5- FOOD SERVICE EN 8- BOH Li 12- CIRCULATION 13- VERTICAL CIRCULATION ri 14- PARKING BEACH ACCESS ELEVATORS mrn NICHOLS BROSCH WURST WOLFE &ASSOCIATES, INC. 0400 LEVEL / P-7 ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-0.12 09/05/2019 I 6 aY S s NICHOLS BROSCH WURST WOLFE & ASSOCIATES, INC. Area Legend 1-GUESTROOMS 5- FOOD SERVICE 8- BOH 12- CIRCULATION 13- VERTICAL CIRCULATION 14- PARKING CORONADO DRIVE 0500 LEVEL / P-8 ALAN IK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-0.13 091052019 P Area Legend 01 1- GUESTROOMS 5- FOOD SERVICE 'a; 8- BOH E 12- CIRCULATION 13- VERTICAL CIRCULATION CORONADO DRIVE GJ NICHOLS BROSCH WURST WOLFE B ASSOCIATES, INC. TYPICAL FLOOR PLAN (LEVELS 600 TO 1700) 1- ALAN IK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-0.14 09/05/2019 7 J l I1pPER RI 119.8' f�lF1Ei :► IIBO IEVEL 4001006 144 -IP Lyra 4. „0010iV0% Is 1000 LEVEL 111-P 0900 LEVEL IOC 10' # , BOB00 LEVEL 87.0700LEVEl 10 ▪ OB00 76.4• - 6%610004_.. �� p�pp LEVEL 0900.LEVEL 40.10 0100LFhl P-0 BFT 15.0 Dp EME MEM, EMM 1 EitS ISEM EEMI EEO� now mom Iffes muse umS mug Zwassumatirzenujons ---.mow MEE MEEI MIX SEM ME IMS Egg Y'. L IMF gag gME — g S _ wpm Ism B ^ —. 1— — — – – - MdAll'•r •rirr ■ORLRB�� 'ROBIN' rrr OMNI Rr•r� Yrt,I... aF `� R>,irrii�i+ >trr IF 'NW ssr .. igFa Mai IF 'NW w■.>,r u is NICHOLS BROSCH WURST WOLFE &ASSOCIATES, INC. "i1111."9111 NMBII1 ;ilir lii DESIGN GUIDELINES ALLOWED/ REQUIRED PROVIDED AREA OF WINDOWS OR DECORATION ON FACADE NORM N.V.1.1 ( STN MEET) SOUTH &MT. (000840 F)T OROCERT , EAST ELEVA1ON (CORNW.O DRIVE) W eat E(EVA),OR M1,u.verw eTw.l 80% 76.2% 60% OPEN GARAGE 60% 61.76% 60% 80% If WEST ELEVATION (GULFVIEW BOULEVARD). .. 00-0.15; 1•'20-0• ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-0.15 09/0512019 NICHOLS BROSCH WURST WOLFE &ASSOCIATES, INC. 1 IIH I�IA�M11 011 -w •-m--� DESIGN GUIDELINES AREA OF WINDOWS OR DECORATION ON FACADE NO61,aEVAnoxInR 616E611 SOUTH Euv*nO* ('AOx10 Dmf. PROPERTY) EAST ME VAT. (CORONADO DRIVE) Weill ELEVATION OULF W E V INVDI ALLOWED/ REQUIRED 60% 60% 60% 60% PROVIDED 78.3% OPEN GARAGE 61.76% 80% L _ UPPBt175 6" •. ROpF e. ___SOF .E�VEL 1' - ,fir.0• •► 1Q' 151'-1'` n\ ',In ,200LEWL ur.r S a\ 1100 LEVEL e 125, - lr .1000 LEVEL N\ C9WLEVEL 06'-iP S n _ 0600EVEL er-r ''',--t07IpL -.4 } an.,a- 0000 LEVEL ai 7e I� EAST ELEVATION (CORONADO DRIVE). ," A-0.16 % 1•=26-0. ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 0680 VEAL 1. S,..44!r119.1.-1P 'ir ea 7 OJDOEVEL 0200 LEVEL J 03.8• 0150P32 I� 27-Y —o,a1L�4 I9-0" Ir -0• `I 0000 R 1 WwS 6-r A-0.16 09!0.0!2019 Q Oi56R10 97 -4' (45!;-B 5p 65 RB ,1'- 050P.T- 0966 Pd F 13-P 5 ORE P4 33-B' A3 24-4 DROP-OFF 1T -P J _ eiI_ IS -..2 5-P \ e\ a -V 7970____ tl-P DESIGN GUIDELINES AREA OF WINDOWS OR DECORATION ON FACADE NORM ELEVATYOM ISTNBTEEEi1 SCUMEEWTNIN( F..10 VW PROPERLY) EAVELEVATIONIRORONA0DOPNEI WESTEIEVATE4 ELFVENBLw) ALLOWED/ REQUIRED 60% 60.4 66% 6D% PROVIDED 762% OPEN GARAGE 61 TB% 60% NICHOLS BROSCH WURST WOLFE & ASSOCIATES, INC. 4 UPP 1ROOF 1 1,S.P R60FkS PDFVEL _ IOWLEVEL L 167.6• ' U60LEVEL 4 I3W LEVEL i. 35.1' 1100 LEVEL 126'-1P' 10001FVEL<.$. 118'-' 0901 -12' J'. 0900 LEVESL 9T.' ` "A7,-, J--. `1 _. 0860 lEVEL _.._.0565 -I'S 85-10' OIWLEVEL sr.e ,. 0360 LEVEL S 16' -IP T 6260LEVEL , - NORTH ELEVATION (5I TFIEET - - A-0.1 T 1'v 2PO' ALANIK HOTEL A-0.17 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 09/052019 I 0 UPPEAROOF 1755 R061EVEL \ 1855 K' 15 17WLE1EL 4/ 1351' 11 LEVEL 25.10' 115.4 _L I18 1' - 09WLF/EL 09WLEVEL 97'-1• 97.1OTWLEVEI 5 OBW I�EVE� _ T9• -r 9901 LEVEL., EVEL 9C -C _ .. L 03005.EVEL _ 15-5 EL 1POIWLEVEL__. -P L- E_ 15.5 rV WWP-I 0 UPI P -P NICHOLS BROSCH WURST WOLFE &ASSOCIATES, INC. DESIGN GUIDELINES ALLOWED/ REWIRED' PROVIDED AREA OF WINDOWS OR DECORATION ON FACADE NORTHREVATION 19R ORED scum EIENATON I MONO omr. PROPER,) EASTEEVA1101,FORONA000nNE1 weaTELEVAROR(WNEVEw MVO 80% 80% 80% 80% '� 782% OPEN GARAGE 51.T9% 80% SOUTH ELEVATION. „,160.110,, r GULFVIEW BOULEVARD RRR SSS I I T H T i 4 — — _ �- --OBMLEVEL %ti 9T-1' Y - - _0100 8T -1P -- - 0000 000015001 00.10• 0140LEVE,- IV 1P 9940 37. 8. 010011004E 4 -� ORWt0FF 4h .s1T-P $ IS 0' $ CORONADO oaooP-1 DRIVE 1'-0• ii ft L NICHOLS BROSCH WURST WOLFE & ASSOCIATES, INC. ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-0.19 0910512019 GULFVIEW NORTH VIEW GULFVIEW NORTH-WEST VIEW CORONADO NORTH VIEW NICHOLS BROSCH WURST WOLFE &ASSOCIATES, INC. PORTECOCHERE VIEW GULFVIEW WEST VIEW CORONADO SOUTH VIEW ALAN IK HOTEL A-0.20 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 09/0512019 ACCESS RAMP NORTH VIEW GJ NICHOLS BROSCH WURST WOLFE &ASSOCIATES, INC. BRIDGE VIEW 1 ACCESS RAMP SOUTH VIEW BRIDGE VIEW 2 ALANIK HOTEL A-0.21 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 09/05120/9 P NORTH GULFVIEW BOULEVARD GJ SOUTH CORONADO DRIVE NICHOLS BROSCH WURST WOLFE & ASSOCIATES, INC. NORTH CORONADO DRIVE SOUTH GULFVIEW BOULEVARD ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-0.22 09/0512019 P BULGING HEIGHT MAY BE INCREASED TO ONE HUNDRED AND FIFTY FEET (150) IF: PORTIONS OF ANY STRUCTURE WHICH EXCEED ONE HUNDRED FEET(100) IN HEIGHT ARE SPACED AT LEAST ONE HUNDRED (100)APART; WITH NO MORE THAN FOUR (4) STRUCTURES WHICH EXCEED ONE HUNDRED FEET (100) WITHIN EIGHT HUNDRED FEET (HOD) RD NICHOLS BROSCH WURST WOLFE & ASSOCIATES, INC. tj SITE PLAN TOWER SEPARATION 1':100,0' ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-0.23 09/05/2019 P 6 0 d s 8 I 2 8! 8 a I 2g 8 N 8 C, Lel 8 15, I C, 8 a 8 t 8 2 8 8 g 2 8 A 8 8 a a a a s a a a 8 18 8 18 8 18 8 18 8 8 18 8 18 8 a Om 00 0 m 18 8 E 8 8 8 8 8 8 1 w 8 8 3 3 3 3 3 3 3 3 3 3 9 9 9 8 9 8 9 8 8 F. 8 8 8 8 9 8 8 8 8 8 A 8 8 8 b 8 0 I 8 2 18 d 1a n1 18 8 8 9 18 a s 8 18 18 2 6 19 s 2 LL 19 8 a O b 2 18 e 8 R 2 19 8 I a -17 2 19 a gY 19 8 a g 2 19 g s 8 R 2 C, 19 $s a m b b- a a 8A 88 S rx 1R-90 deg I 8 888 a b b As 0 a .8 8 a 8 a .8 18 8 S 8 19 19 p 8 th 18 S 0 18 18 p 18 19 gg89 1! .8.8 S FOOD SERVICE S FOOD SERVICE( S FOOD SERVICE S FOOD SERVICE MM S- FOOD SERVICE S FOOD SERVICE S FOOD SERVICE S FOOD SERVICE LL8888888818888 mm 12- CIRCULATION 12- CIRCULATION 12 CIRCULATION 12- CIRCULATION 12 -CIRCULATION 12- CIRCULATION 12 -CIRCULATION 12 -CIRCULATION 12 -CIRCULATION »»> 00 12- CIRCULATION 12- CIRCULATION 12 -CIRCULATION 12 -CIRCULATION 2 2 2 2 12 -CIRCULATION 12- CIRCULATION 12 -CIRCULATION 12 -CIRCULATION 12 -CIRCULATION dddddddddddddddddddddd c19 g Im PANTRY PANTRY 1818181818 13- VERTICAL CIRCWttION 13- VERTICAL CIRCULATION PANTRY PANTRY PANTRY PANTRY 6q % LLQg N t%q wLL qq Ag , qLLq N aqqS N �i pp%i N ' % qq%9 88g88�888y8888 EISASISA 888 8 (CORRIDOR LORRY 'ISPA LOBBY CORRIDOR LOBBY CORRIDOR LOBBY CORRIDOR LOBBY CORRIDOR LOBBY CORRIDOR LOBBY CORRIDOR LOBBY CORRIDOR LOBBY CORRIDOR LOBBY CORRIDOR a 9,19agia POOL EQUIPMENT SERVICE CORRIDOR ELEV. -. _.. STAIR ELEV. STAIR STAIR ELEV. STAIR MtffittnnMtgttt SERVICE CORRIDOR RAE MEP POOL EQUIP. 0o aI y�d Q(imF Iii�a ia�i2d`W4 z a 11111f111111111111188$$EE M .11 0 a .8 8 a 8 a .8 18 8 S 8 19 19 p 8 th 18 S 0 18 18 p 18 19 18 8 0 d 18 18 18 0 I 19 1 �g U6 6 8 b 18 18'&x18'-30.9 d 8 888 IP &A 18' -90 ESB 005 18 18 gg89 1! .8.8 S FOOD SERVICE S FOOD SERVICE( S FOOD SERVICE S FOOD SERVICE MM S- FOOD SERVICE S FOOD SERVICE S FOOD SERVICE S FOOD SERVICE LL8888888818888 mm 19- VERTICAL CIRCULATION 19- VERTICAL CIRCULATION 00 F g5 as 88 KFA iK .+d 13- VERTICAL CIRCULATION 13 VERTICAL CIRCIIUTICI 13. VERTICAL CIRCULATION 13- VERTICAL CIRCULATION 13- VERTICAL CIRCULATION 13- VERTICAL CIRCULATION 13- VERTICAL CIRCULATION 13- VERTICAL CIRCULATION dddddddddddddddddddddd c19 g Im PANTRY PANTRY PANTRY PANTRY 13- VERTICAL CIRCWttION 13- VERTICAL CIRCULATION PANTRY PANTRY PANTRY PANTRY 000000000555000 iiiiiiiiiiii LL88888888888888888yhh188 v8188j8888%888 18 8 0 d 18 18 18 0 I 19 1 �g U6 6 8 b 18 18'&x18'-30.9 d 8 888 IP &A 18' -90 ESB 005 18 18 18 18 88 EEEE S A 18 3 E 0 8 W s 9 0 iiiiiIIiiiiMiniiiii 19- VERTICAL CIRCULATION 19- VERTICAL CIRCULATION 00 F g5 as 88 KFA iK .+d 13- VERTICAL CIRCULATION 13 VERTICAL CIRCIIUTICI 13. VERTICAL CIRCULATION 13- VERTICAL CIRCULATION 13- VERTICAL CIRCULATION 13- VERTICAL CIRCULATION 13- VERTICAL CIRCULATION 13- VERTICAL CIRCULATION dddddddddddddddddddddd 13- VERTICAL CIRCULATION 13- VERTICALCIRCWITION 13- VERTICAL CIRCWttION 13- VERTICAL CIRCULATION 13- VERTICAL CIRCULATION 13- VERTICAL CIRCULATION 13- VERTICAL CIRCULATION gitigimmetin"880 qq LL88888888888888888yhh188 v8188j8888%888 88g88�888y8888 EISASISA 888 8 ONIOV01 MOS POOL EQUIPMENT SERVICE CORRIDOR ELEV. -. _.. STAIR ELEV. STAIR STAIR ELEV. STAIR Tu`4e4ud`W41`k SERVICE CORRIDOR RAE MEP POOL EQUIP. 0o aI y�d Q(imF Iii�a ia�i2d`W4 z a 8888arif28EEiE8a888886gi8P M .11 § 18 18 88 EEEE S A 18 3 E 0 8 W s 9 0 gg ki 81 as 0 1 ALAN IK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 NICHOLS BROSCH WURST WOLFE &ASSOCIATES, 8d L0LS3 640086 L .1.4mmC]IaWN VW,/ 4006 Muaumo0Q.4o6omunnvo l iiiiiIIiiiiMiniiiii &BOH 8- BOH & BOH 8- BON dddddddddddddddddddddd LL88888888888888888yhh188 ONIOV01 MOS POOL EQUIPMENT SERVICE CORRIDOR mix .... MEP RESTROOMS SERVICE CORRIDOR RAE MEP POOL EQUIP. 0o aI y�d Q(imF Iii�a gg ki 81 as 0 1 ALAN IK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 NICHOLS BROSCH WURST WOLFE &ASSOCIATES, 8d L0LS3 640086 L .1.4mmC]IaWN VW,/ 4006 Muaumo0Q.4o6omunnvo l P 0000 P-1 0200 LEVEL / P4 1. = 80-0' 0050 P-2 I'=80'-0' PARKIN,' ,s7 16780 L__ 0450 P-7 1= • BE -S. 06 1'=5080'4•P-9 NICHOLS BROSCH WURST WOLFE &ASSOCIATES, INC. A-0.29 0100 LEVEL 1'-80'-0' 0300 LEVEL r -au -S AQ29 0150 P-3 1'-80',0' 0350 P-6 1' -BOLO" S 18854 F 16614 SF PECKIBALC,RERR, 2637 SF TYPICAL LEVEL GROSS AREA CALCULATION • HOTEL Level Area 0000 P-1 24,501 SF 0050 P-2 2.241 SF 0100 LEVEL 23.828 SF 0150 P-3 8,251 SF 0200 LEVEL 04,312 SF 0250 PS 1,130 SF 0300 LEVEL 21.815 SF 0100 LEVEL 15,777 SF 0500 LEVEL 15,777 SF 0600 LEVEL 15,777 SF 0700 LEVEL 15.777 SF 0800 LEVEL 15,777 SF 0900 LEVEL 15,777 SF 1000 LEVEL 15,777 SF 1100 LEVEL 15,777 SF 1200 LEVEL 15,777 SF 1400 LEVEL 15,777 SF 1500 LEVEL 15.777 SF ROOF LEVEL 2,008 SF 299,533 SF 0000 P-1 3,707 SF 0100 LEVEL 19,825 SF 0200 LEVEL 3,550 SF 0300 LEVEL 8,051 SF 0400 LEVEL 2,497 SF 0500 LEVEL 2,837 SF 0600 LEVEL 2,637 SF 0700 LEVEL 2,837 SF 0600 LEVEL 2,637 SF 0900 LEVEL 2,837 SF 1000 LEVEL 2,697 SF 1100 LEVEL 2,637 SF 1200 LEVEL 2,637 SF 1400 LEVEL 2,837 SF 1500 LEVEL 2,637 SF 0550 P-8 1' - 80'47 GROSS AREA CALCULATOR -PARKING Level Area 0000 P-1 63,451 SF 0050 P-2 34,457 SF 0150 P-3 34,081 SF 0200 LEVEL 15,458 SF 0250 P -S 15,945 SF 0350 P-6 15,808 SF 0450 P-7 16,780 SF 0550 P-8 18,814 SF 0650 P-9 15,817 SF 230,813 SF 84,897 SF ALAN IK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-0.29 09/05/2019 1 J P L' BRIDGE PLAN LEVEL 0200 1•.10'-0' NICHOLS BROSCH WURST WOLFE & ASSOCIATES, INC. ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-1.03 09/05/2019 P J P BRIDGE ACCESIBLE ROUTE STREET LEVEL NICHOLS BROSCH WURST WOLFE &ASSOCIATES, INC. ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-1.03.1 09)05)2019 1 P ALANIK HOTEL 11111711 I 81'. PJ 111111=' I _ _ © 1111; azs9lPs 1_1��I.I. P4 i 1 111111.111111111111111111111111111111 S I,I ' �I�sl■�������■i■�■■Ililiiiiillul N L I� III I HEW MKT.. 101 5955 : i E 1I1 ��jII0399P4�I l�l I i1`.'lll.'S 9_ III* - 1111711111 -==111E11 -r111- 11 III 111-==11II-1I 11 111=1 raw 1M1—=11 1—III 111=11=111-1 � I-1 a=1 111= 11 I—n 1111-111-1 1 1- 9.9 -1 _-- It1=111 111 1 =lfl OPAL SANDS HOTEL 19'-0' Is Section Bridge option 1 1.. ,e-0. 111±71t1=1 1-1 111 I I=1 =1 11-11 1-11 11=1 1= 1-1 1 1 1 1-1 11- Lill IILI I P4 0150-7 31'.1• 010C.EVEL �l 1r-9• 0350 15-, 0000 P.1 111-11-III111=111-11-11 • ww Ott, I I t -111=t � 1- h -111=t1 t= er BRIDGE SECTION 1 BRIDGE SECTION 2 = 10.40 NICHOLS BROSCH WURST WOLFE &ASSOCIATES, INC. 1i�1 ■■� 'Oil 111111) � �!!►'1 l[ I ii _t '1 - III "Irl�l�tigll= Ni a,,IIIa,,,,, _ I� VA4 - lion y im 0000 Eu-111=dE 1 1-111=111 111-111-111 _NA. III -11 ---11-111- 1-111-f11- 9'0•Y BRIDGE SECTION 3 0350 P4 IIII Iii s III IIUPII�.,I iIill is =,0J• BRIDGE SECTION 4 =10'4' ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-1.04 09/05/2019 P r II I ,' I ,j I .: • ..1 4.. ,4 4W040 COM ge_ 4 V44-44Mall ZWAWAr4 owasvain[rWalnlei WV rairitiliTOM'r.,MTors0206012 NIWRIJIVI 4,40116M902.1449 AFAISPIMMMlMalkt NMr .", mums, fromminummir say,gisno esitmcw,, orig i Imre Worse ass aim stinel rthatenewamirs Angliqrni MIERVIII, IllWr ..4 sras mud mizenimossrew g t is a Isi.• Nos mis- 1 witA eati . .ff a 1 6.4,:i ;az slat iiiiimmar x r a pm jessassei .° ' .d mg =gel wag Alow2 Imola r A r 4 69211 sow sow; ragglan MUM MONO INNI WS idos eilte "MOW: 9Sliall. WHOSIfilI r A nfarij 0 a 6 0 5 . TO"{ 011,12,116 AglarANNI Egrargailli mai WO solti salt BMW& SVALISIMEMINING, ti 1 -1-- 1 a ! alA, Ar . _ ... . I WEIGNIIMPI 116,11/47/4440 0151111111106/510 WINN& worarmaj m sion wit lowMgr WISIAMMINENIM/AgAt 1 , Wale, 704, gam, ansi_ aim wini maiessI „amyl, vogsf' wragimmll ism twi imiliew owl_ sim,___. gm_ 56013021,_ was,„_ stew_ isaimiss 1 r i.., m...,,m,„,,m, liffidiTre MS ilia . IF' 1265 • 1 Sti WO WAS VW 1156 Net NO MN MI on wW gigit writeargreAmm i I I I , I wail "AK 96101 aripig lallogaRIZICIVIIISAI ingi i01/42WAII OMB =Si SMARM' Mg IVEni ZNONIA Mal,1921MANWIll Apirffigia WM, Wil mm r...atigefilner AS OVA WILIMPY ilififIMNIffie arziosdir SPASIBISIO VIM agampA, Grat4pBego wimps sea ,,,a*, um _ _ mwill; Mileitin KOMI viell WM mLmm 01.12111MISA Wil Wit VOI *Si Plel Nffifi VAN EMS idesoligasenew wissimmosaumigniiii WEST ELEVATION (GULFVIEW BOULEVARD).Calculations IL IL IL IL 6,320 66.11. 5.502 66.51 59.540 35.6 (vAndomiaecandion) 86.01% of Total Face610 017.850 eq. 54 3,93685.51 L _ 15,478 66.0. ,ogg 181111111111811 111311 1111 1141111111101111111. KD NICHOLS BROSCH WURST WOLFE &ASSOCIATES, INC 2650 8,899 sqL 41,784 66.60•466.60,61.00.06.26) 80.63% of Told Facade (87,650 .1. 6.) 3.225 sq.fl. iranwpmessimow - 11.5100 Ar goonowaiNnitioscamiwo AWAViiiiMinNWINGEMEMPF 4 I - 12142MirASIENNiegral WINOWINSSWAISSWentati Malligging II 11 AAMAWAIRRYAralgiffillfannOralliffiraelnarni . SOUTH ELEVATION Calculations. 11 = 20-0. sqvgirdwA 'stir as :.4e-ifrezzr.8!;—=76. NORTH ELEVATION (5th STREET). Calculations. ALAN IK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-1.05 09/05/2019 _J m a . • 12' - 1.-0' GUESTROOM CORRIDOR •► 417.1.1 wroi.61.081F Bump n pRomEnCRACCEPWLEMIVALEXI gm. TO lirrHSUPPOPinva. Inman KR KVIUMS PE6 As wATERWALLEsonlamt 1,40 mut .111.3 TYPICAL CORRIDOR PLAN - EYEBROW/ DECORATION X2.92 1S2.= 1-0' E 1E,R:sp IsNICHOLS BROSCH WURST WOLFE & ASSOCIATES INC. 3 1 AXONOMETRIC VIEW - FACADE DETAIL A-202 PERSPECTIVE VIEW - CORONADO DRIVE 1:27 ALANIK HOTEL 421 SOUTH GULFVIEW BOULEVARD, CLEARWATER FL 33767 A-2.02 09/05/2019 A Exhibit "E" Special Conditions of Site Plan Approval Pedestrian Bridge Construction Plans and Procedures Exhibit "E" Special Conditions of Site Plan Approval Pedestrian Bridge Construction Plans and Procedures Prior to permit, the Developer or Owner's selected civil engineer will provide an MOT plan that shall follow FDOT's MOT Design Standards, Index 600's and provide a detour map if a full road closure is necessary. Prior to beginning construction, the selected general contractor will apply for a ROW permit which will include a detailed MOT plan with dates and times of roadway/sidewalk closures. The selected contractor will notify traffic engineering 48 hours prior to the actual closure. At minimum, the Contractor will provide a flagman to direct traffic when S. Gulfview is partially or fully closed. Ongoing Maintenance Obligation The pedestrian bridge shall be inspected on a regular basis, as provided for herein, to verify that all user safety related elements are in serviceable condition and written yearly inspection reports shall be submitted by the Developer to the City. The cost of all inspections and all inspection reports shall be paid for by the Owner of the Bridge (which shall be the owner or developer of the Property). All inspection reports shall be submitted to the City within the month of January, as required. Such reports shall be prepared with the following standards: I. User Safety. The bridge shall be inspected by a Florida licenses professional engineer on a regular basis, a minimum of once every three years, to verify that all user safety related elements are in serviceable condition. Areas to inspect include: A. All guardrails, handrails, rub rails, toe plates; fencing, pickets and other features intended for user safety should be checked to ensure they have not been structurally compromised. There should be no sharp edges, burns, protrusions or other abnormalities that could result in bodily injury to the user. B. Deck surfaces should be kept free of foreign objects and inspected to verify that no damage has occurred that might present a trip or slip hazard. II. Structural Integrity. At least one inspection shall be performed no less than once every three years by a Florida licensed professional engineer to ascertain the structural condition of the bridge. This visual inspection should include: A. General inspection for damage that might have been caused from impact. This might include damage to the ends of the bridge from maintenance or other vehicles or in the case of a bridge spanning a roadway, damage to the bottom of the underside or bottom chords. B. Welds between verticals, diagonals and chords should be inspected for any sign of cracking. C. Check for any significant corrosion or pitting metal surfaces. Trapped debris in the joints of the structure could lead to crevice corrosion and should be kept clean. D. Check abutments for any damage to include cracking of concrete scouring from water flow, etc. E. Check anchor bolts for possible damage and to verify they are secure. Inspect bearing plates to verify they are functioning properly. Bearing plate bolt slots should be kept free of debris for intended use as expansion joints for the bridge. F. If the bridge contains spliced members, the bolts should be examined to verify no damage exists, excessive corrosion has not occurred to the metal in way of the bolt and they are secure. III. Daily Maintenance Pick up all trash/debris Sweep bridge of all foreign material (i.e. sand, dirt, etc.,) IV. Monthly Maintenance Pressure washing of bridge surface Removal of gum or other foreign materials that are stuck to the bridge surface. V. The City shall have the right to remove the pedestrian bridge and its fixtures for a municipal purpose as determined by the City, in its reasonable discretion and after an opportunity to be heard. The municipal purpose can include, but is not limited to, maintaining, repairing, installing paved surfaces within the right of way, utility infrastructure, and stormwater infrastructure which cannot be completed with the pedestrian bridge in place. The bridge and its fixtures will be subject for removal if the Bridge's owner fails to submit safety and structural integrity reports to the City within the specified time frame. The Bridge and its fixtures will also be subject of removal if the Bridge's owner fails to maintain the aesthetics of the exterior surfaces consistent with the plans approved herein. In the event the bridge is removed under this provision, any easement for air rights shall terminate upon removal. VI. INDEMNIFICATION CLAUSE. Subject to Florida Statute 768.28, the Developer hereby indemnifies and holds harmless the City, its successors and assigns, and its/their directors, officers, employees, agents, stockholders, and affiliates, from and against any and all claims, demands, costs and expenses, including attorney's fees for injury, death, and damage brought in connection with the construction, maintenance, or use of the Pedestrian Bridge by the general public at large; provided, however, that such indemnification and hold harmless agreement shall not relieve of any willful or wanton acts by the City or those under the authority or control of the City. Neither Party will settle any claim or action without first obtaining the written consent of the other Party. The Developer and the City expressly warrant and agree that this indemnification and hold harmless agreement is only effective upon issuance of a Certificate of Occupancy for the project described in the Second Amendment. Nothing contained herein is intended to serve as a waiver by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as consent to be sued by third parties. 13155829v1