FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENTKEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2020300281 10/08/2020 08:58 AM
OFF REC BK: 21200 PG: 523-525
DocType:AGM RECORDING: $27.00
FIRST AMENDMENT TO THE
HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT
AGREEMENT ("AMENDMENT") is dated the /Sr day of OcEober , 2020, and
entered into by and between EAST SHORE INTERNATIONAL ENTERPRISES, LLC and
411ES, 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 through
its City Council, the governing body thereof ("City").
WITNESSETH:
WHEREAS, Developer and the City entered into that certain Hotel Density Reserve
Development Agreement dated July / g , 2019 (the "Development Agreement") a full copy of
which is attached hereto as Exhibit 1 relating to that certain real property located at 400, 405, 408,
409, and 411 East Shore Drive, Clearwater, FL 33767 (the "Property"); and
WHEREAS, on or about May 1, 2020, Developer filed a Flexible Development
Application (FLD 2020-05012) and a Transfer of Development Rights Application (successor
application number: TDR 2020-07002) to develop the Project; and
WHEREAS, the Development Agreement requires the Developer to obtain site plan
approval within one year of the effective date of the Agreement. The Developer has filed the
appropriate Applications to obtain site plan approval, but the Applications were incomplete and
are still pending final approval through the development review process. The Developer has
experienced delays in completing the Applications partially due to the Covid-19 pandemic. As
such, the parties desire to amend the Development Agreement as set forth herein;
NOW THEREFORE, in exchange for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Developer and the City agree as follows:
RECITALS:
1. The recitals listed above are true and correct and incorporated herein by reference.
AMENDMENT TO DEVELOPMENT AGREEMENT:
2. Section 6.1.3.2 is amended to read as follows: The Developer shall obtain appropriate
site plan approval pursuant to a Level One or Level Two development application within
two (2) years 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.
3. No Further Changes. Except as set forth herein there are no further changes,
amendments or modifications to the Development Agreement.
�a+,.. 134.44,4.
Developer:
EAST SHORE INTERNATIONAL
ENTERPRISES, LLC and 411ES, LLC
By:
Print Name: t_c.c. ; Frank Dagostino, Managing Member
Print Name: lC : s } 01
As to "Developer"
Print Name:
Print Name:
As to "City"
City:
CITY OF CLEARWATER, FLORIDA
By: (A) ,
William B. Horne II,
City Manager
Attest:
Rosemarie Call, City Clerk
Coun signe
Frank V. Hibbard, Mayor
Approved as to Form:
Mike Fuino
Assistant City Attorney
EXHIBIT 1
Development Agreement dated July >1, 2019