20-39RESOLUTION NO. 20-39
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND KEY
CLEARWATER, LLC; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with KEY CLEARWATER, LLC; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Development Agreement between the City of Clearwater and
KEY CLEARWATER, LLC, a copy of which is attached as Exhibit "A," is hereby
approved.
Section 2. This resolution shall take effect immediately upon adoption.
Section 3. The City Clerk is directed to submit a recorded copy of the
Development Agreement to the state land planning agency no later than fourteen (14)
days after the Development Agreement is recorded.
PASSED AND ADOPTED this
Approved as to form:
Michael P. Fuino
Assistant City Attorney
day of )70 -vein -AA , 2020.
rank Hibbard
Mayor
Attest:
AL/4-W
A„ La114. Le -
Rosemarie Call
City Clerk
Resolution No. 20-39
HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
HOTEL A/SPRINGHILL SUITES HOTEL
THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
("Agreement") is dated the _ day of , 2020, and entered into between Key
Clearwater, LLC, a Florida limited liability company ("Developer"), its successors and
assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the
State of Florida acting through its City Council, the governing body thereof ("City").
RECITALS:
WHEREAS, one of the major elements of the City's revitalization effort is a special
area plan for the revitalization of Clearwater Beach adopted under the provisions of the
Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach
by Design; and
WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local
Government Development Agreement Act ("Act"), authorize the City to enter into binding
development agreements with persons having a legal or equitable interest in real property
located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606
of the City of Clearwater Community Development Code ("Code"), establishing procedures
and requirements to consider and enter into development agreements; and
WHEREAS, Beach by Design proposed the development of hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community, and further provided for a limited pool of additional hotel units
("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer owns 1.927 acres of real property which is legally
subdivided into two hotels pursuant to that Minor Lot Adjustment as recorded in the public
records of Pinellas County at Official Records Book 18985 Page 2354 providing for and
memorializing the lot lines for "Hotel A" and "Hotel B" in the corporate limits of the City;
and
WHEREAS, the Property subject to this Agreement is described as "Hotel A"
consisting of 0.9795 acres and more particularly described on Exhibit "A" attached hereto
and incorporated herein; and
WHEREAS, on January 16, 2007, the Community Development Board (CDB)
approved Case No FLD2006-10054 to permit a commercial dock in conjunction with
existing hotels/motels at 300, 316 and 326 Hamden Drive for 20 slips. Although this project
had been constructed and is considered vested the structure has been removed; and
WHEREAS, on November 17, 2009, the CDB approved Case No. FLD2009-08026
to permit a 142 -room overnight accommodation use, 3,900 square feet of retail sales floor
area and 2,750 square feet of restaurant floor area in the Tourist (T) District; and
WHEREAS, on November 17, 2009, the CDB approved Case No. FLD2009-08027
to permit a 118 -unit overnight accommodation use and 1,335 square feet of retail sales floor
area in the Tourist (T) District; and
WHEREAS, on November 17, 2009, the CDB approved Case No. FLD2009-09036
to permit a commercial dock in conjunction with the non -constructed hotels at 300 and 316
Hamden Drive for 18 slips; and
WHEREAS, on December 17, 2009, the City Council approved the allocation of up
to 95 units from the Hotel Density Reserve under Beach by Design (Case No. DVA2009-
00002) and adopted a resolution to the same effect (Res. No. 09-38). This Development
Agreement expired in accordance with Section 5.3 of the Development Agreement on
December 17, 2019; and
WHEREAS, on December 17, 2009, the City Council approved the allocation of up
to 79 units from the Hotel Density Reserve under Beach by Design (Case No. DVA2009-
00003) and adopted a resolution to the same effect (Res. No. 09-39). This Development
Agreement expired in accordance with Section 5.3 of the Development Agreement on
December 17, 2019; and
WHEREAS, prior to the expiration of DVA2009-00002 and DVA2009-0003,
Developer's predecessor in interest timely constructed the proposed Project which is open
and operating for business; and
WHEREAS, a condition of the approval and construction of the existing hotels was
the recording of that certain Affidavit and approval of a Minor Lot Adjustment as recorded
in the public records of Pinellas County at OR Book 18985 Page 2354 providing for and
memorializing the lot lines for "Hotel A" and "Hotel B" as stated therein;
WHEREAS, at the time of approval in November 2009, Hotel A was approved for
142 units on 1.106 acres, with 6,650 square feet of non -accessory commercial space, and
Hotel B was approved for 118 units on 0.82 acres, with 1,335 square feet of non -accessory
commercial space; and
WHEREAS, the approvals cited above provided for a total of 260 units and only
140 units were constructed in Hotel B and 115 units in Hotel Afor a total of 255 units; and
WHEREAS, the as -built conditions of Hotel A and Hotel B varied from the as -
approved unit counts, acreage, and commercial space, in that Hotel A was built with 115
units on 0.9795 acres, with 7,232 square feet of non -accessory commercial space, and Hotel
B was built with 140 units on 0.9469 acres, with 0 square feet of non -accessory commercial
space; and
WHEREAS, the proposed lot lines of Hotel A and Hotel B have been adjusted to
reflect the as -built conditions; and
WHEREAS, the Developer desires to renovate certain interior spaces of Hotel A to
increase the number of rooms to 118 overnight accommodation units, by adding three units
as previously allocated from the Hotel Density Reserve but not constructed; and
WHEREAS, Hotel A will be limited to 7,232 square feet of non -accessory
commercial area in which any use permitted as a Flexible Standard Development pursuant
to Community Development Code Section 3-802 (as may be amended) may be established;
and
WHEREAS, upon completion, Hotel A will contain 118 overnight accommodation
units, which includes 79 units from the Hotel Density ("Reserve Units"); and
WHEREAS, the City has conducted such public hearings as are required by and in
accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and
any other applicable law; and
WHEREAS, the City has determined that, as of the date of this Agreement, the
proposed project is consistent with the City's Comprehensive Plan and Land Development
Regulations; and
WHEREAS, at a duly noticed and convened public meeting on , the City
Council approved this Agreement and authorized and directed its execution by the
appropriate officials of the City; and
WHEREAS, approval of this Agreement is in the interests of the City in furtherance
of the City's goals of enhancing the viability of the resort community and in furtherance of
the objectives of Beach by Design; and
WHEREAS, Developer has approved this Agreement and has duly authorized
certain individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto intending to be legally bound and in
accordance with the Act and Code, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of this
Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as of
the date of this Agreement are incorporated herein by this reference and made a part of this
Agreement. Words used in this Agreement without definition that are defined in the Act
shall have the same meaning in this Agreement as in the Act.
SECTION 3. Property Subject to this Agreement. The Property described in
Exhibit "A" is subject to this Agreement ("Property").
3.1 The Property currently has a land use designation of Resort Facilities High
(RFH) and is zoned Tourist (T) District.
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 309 Coronado Drive as further described
in Exhibit "A".
SECTION 4. Scope of Project.
4.1 The Project shall consist of 118 overnight accommodation units. Of the 118
overnight accommodation units, 79 total units shall be from the Hotel Density Reserve; 77
of such Reserve Units were previously constructed and are existing.
4.2 The Project combined of Hotel A and Hotel B shall include a minimum of
299 parking spaces, as defined in the Code.
4.3 The design of the Project, as constructed pursuant to the above -referenced
approvals, is consistent with Beach by Design.
4.4 The density of the Project shall be 149.99 units per acre based on the portion
of the site necessary to support the number of provided hotel rooms and as delineated by
the lot line adjustment referenced in Section 6.1.3.3. In no instance shall the density of a
parcel of land exceed 150 units per acre based on the portion of the site necessary to support
the number of provided hotel rooms. The height of the Project shall be 74.33 feet measured
from Base Flood Elevation to roof slab, as defined in the Code and as constructed. The
maximum building heights of the various character districts cannot be increased to
accommodate hotel rooms allocated from the Hotel Density Reserve.
4.5 The Project shall include no more than 7,232 square feet of non -accessory
commercial space within the hotel building (Hotel A).
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.
Property:
6.1.3 The following restrictions shall apply to development of the
6.1.3.1 To retain the grant of Reserve Units provided for herein, the
Property and improvements located thereon shall be incorporated into the
existing development as may be amended from time to time.
6.1.3.2 The Developer shall obtain appropriate building plan
approval or 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 agrees that Parcel A as originally
described in a Declaration of Unity of Title signed, sealed and witnessed
on October 20, 2015, is recreated through a new Declaration of Unity of
Title with the Clerk of the Court and a Parcel Combination Request form
with the Pinellas County Property Appraiser prior to the issuance of any
further permits for any construction.
6.1.3.4 The Developer shall submit a lot line adjustment request
to the Pinellas County Property Appraiser subsequent to a review and
approval by the City as part of a Level II Flexible Development application,
to reflect the lot lines as shown in Exhibit "B" to this Agreement.
6.1.3.5 The City has received and maintains on file the required
evacuation plan as a condition of the Certificate of Occupancy previously
issued for the construction of the Property.
6.1.4 Covenant of Unified Use. The Property is encumbered by a Covenant of
Unified Use pursuant to the Development Agreement recorded at OR Book , Page
_ of the public records of Pinellas County.
6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer
not timely constructed in conjunction with the Project shall be returned to the Hotel Density
Reserve and be unavailable to Developer for use on the Project.
6.1.6 Transient Use. A reservation system shall be required as an integral part of
the hotel use and there shall be a lobby/front desk area that must be operated as a typical
lobby/front desk area for a hotel would be operated. Access to overnight accommodation
units must be provided through a lobby and internal corridor. All units in the hotel shall be
made available to the public as overnight transient hotel guests at all times through the
required hotel reservation system. Occupancy in the hotel is limited to a term of less than
one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel
shall not be used as a primary or permanent residence.
6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term
is used in the definition of "dwelling unit" in the Code.
6.1.8 Inspection of Records. Developer shall make available for inspection to
authorized representatives of the City its books and records pertaining to each Hotel Density
Reserve unit upon reasonable notice to confirm compliance with these regulations as
allowed by general law.
6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with
the Design Guidelines as set forth in Section VII. of Beach by Design.
6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no
outdoor amplified music at the Project after 11:00 p.m. on Sunday through Thursday, or
after 12:00 midnight on Friday and Saturday.
6.1.11. Limitation on area of Non -Accessory Commercial Area and the types of
permitted Uses. The Developer agrees that the 7,232 square feet of non -accessory
commercial space specified in Section 4.5 of this Agreement may be occupied by any non-
residential use pursuant to CDC Section 2-802 (as may be amended).
6.1.12 Limitation on Marina Facility.
6.1.12.1 The Developer agrees that activities such as servicing, fueling, pumping -
out (with the exception of portable pump out facilities), commercial chartering and/or and
dry -storage of boats and boating equipment is strictly prohibited.
6.1.12.2 The Developer agrees that the number of conveyable marina slips shall be
limited to no more than a total of 20 as shared between Parcels/Hotels A and B. The City
acknowledges that any additional marina slips for the sole use of the hotel and its guests
may be added as permitted by local and state authorities without the need for additional
parking. The Developer may increase the number of conveyable marina slips only if the
Developer increases the number or parking spaces to meet compliance with the Community
Development Code.
6.1.12.3 The Developer agrees that any conveyable marina slips shall be limited to
sale and/or lease to privately -owned boats rather than commercial vessels for hire.
6.1.12.4 The Developer agrees that use and rental of any Personal Watercraft located
on, tied to or launched from the associated Commercial Dock/Marina Facility as may be
approved as part of a Flexible Development application limited to owners, guests, invitees
of marina or hotel guests;
6.1.12.5 The Developer agrees that no commercial signage except for any signage
as may otherwise be required by City, County, State and/or Federal regulations be posted
on the Commercial Dock/Marina Facility;
6.1.13 Availability of Parking Spaces. The Developer agrees that none of the on-site
parking spaces will be available for sale or lease to the general public and that all parking
spaces on the site will be for the sole use of hotel staff and/or guests and/or patrons of the
20 -slip commercial dock/marina facility.
6.1.14 The Developer agrees that a deed restriction outlining Sections 6.1.10
through 6.1.13 shall be submitted to and approved by Staff prior to the issuance of any
permits.
6.2 Obligations of the City.
6.2.1 The City shall promptly process site and construction plan
applications for the Property that are consistent with the Comprehensive Plan and
the Concept Plan and that meet the requirements of the Code.
6.2.2 The final effectiveness of the applications referenced in Section 6.2.1
is subject to:
6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as
they may govern such amendments; and
6.2.2.2 The expiration of any appeal periods or, if an appeal is filed,
at the conclusion of such appeal.
6.2.3 Upon adoption of this Agreement, the Project shall receive three (3)
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 Approvals. The required local
government development approvals for development of the Property include, without
limitation, the following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way
utilization permits;
8.2 Construction plan approval(s);
8.3 Building permit(s);
8.4 Certificate(s) of occupancy; and
SECTION 9. Finding of Consistency. The City finds that development of the
Property is consistent with the terms this Agreement is consistent with the City
Comprehensive Plan and the Code.
SECTION 10. Termination. If the Developer's obligations set forth in this
Agreement are not followed in a timely manner, as reasonably determined by the City
Manager, after notice to the Developer and an opportunity to be heard, existing permits
shall be administratively suspended and issuance of new permits suspended until the
Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as
a basis for termination of this Agreement by the City, at the discretion of the City and after
notice to the Developer and an opportunity for the Developer to be heard.
SECTION 11. Other Terms and Conditions. Except in the case of termination,
until ten (10) years after the date of this Agreement, the City may apply laws and policies
adopted subsequently to the Effective Date of this Agreement if the City has held a public
hearing and determined:
(a) They are not in conflict with the laws and policies governing the
Agreement and do not prevent development of the land uses, intensities,
or densities in the Agreement;
(b) They are essential to the public health, safety, or welfare, and expressly
state that they shall apply to a development that is subject to a
development agreement;
(c) They are specifically anticipated and provided for in this Agreement;
(d) The City demonstrates that substantial changes have occurred in
pertinent conditions existing at the time of approval of this Agreement;
or
(e) This Agreement is based on substantially inaccurate information
provided by the Developer
SECTION 12. Compliance with Law. The failure of this Agreement to address
any particular permit, condition, term or restriction shall not relieve the Developer from the
necessity of complying with the law governing such permitting requirements, conditions,
terms or restrictions.
SECTION 13. Notices. Notices and communications required or desired to be
given under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail, return
receipt requested, addressed
proper notice to be given):
If to the Developer:
With Copy to:
If to City:
as follows (copies as provided below shall be required for
Key Clearwater, LLC
848 Brickell Avenue
Suite 1100
Miami, FL 33131
Katherine E. Cole, Esq.
Hill Ward Henderson
600 Cleveland Street
Suite 800
Clearwater, FL 33755
City of Clearwater
Attn: City Manager
600 Cleveland Street
Suite 600
Clearwater, FL 33755
Properly addressed, postage prepaid, notices or communications shall be deemed delivered
and received on the day of hand delivery, the next business day after deposit with an
overnight courier service for next day delivery, or on the third (3rd) day following deposit
in the United States mail, certified mail, return receipt requested. The parties may change
the addresses set forth above (including the addition of a mortgagee to receive copies of all
notices), by notice in accordance with this Section.
SECTION 14. Assignments.
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations in
and to the Project, or any part thereof, only with the prior written notice to the City,
provided that such party (hereinafter referred to as the "assignee"), to the extent of
the sale, conveyance, assignment or other disposition by the Developer to the
assignee, shall be bound by the terms of this Agreement the same as the Developer
for such part of the Project as is subject to such sale, conveyance, assignment or
other disposition.
14.1.2 If the assignee of the Developer's right, title, interest and obligations
in and to the Project, or any part thereof assumes all of the Developer's obligations
hereunder for the Project, or that part subject to such sale, conveyance, assignment
or other disposition, then the Developer shall be released from all such obligations
hereunder which have been so assumed by the assignee, and the City agrees to
execute an instrument evidencing such release, which shall be in recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, limited liability company, general
partnership, or joint venture, in which the Developer (or an entity under common
control with Developer) has either the controlling interest or through a joint venture
or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an assignment
or transfer subject to any restriction on or approvals of assignments or transfers
imposed by this Agreement, provided, however, that notice of such assignment shall
be given by the Developer to the City not less than thirty (30) days prior to such
assignment being effective and the assignee shall be bound by the terms of this
Agreement to the same extent as would the Developer in the absence of such
assignment.
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the
Developer's rights and obligations with respect to any one Parcel shall in any way
be obligated or responsible for any of the Developer's obligations with respect to
any other Parcel by virtue of this Agreement unless and until such assignee,
purchaser, sublessee or acquire has expressly assumed the Developer's such other
obligations.
14.2 Successors and Assigns. The terms herein contained shall bind and inure to
the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives,
trustees, heirs, successors and assigns, except as may otherwise be specifically
provided herein.
SECTION 15. Minor Non -Compliance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such noncompliance,
in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential
nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with and
deal with each other in good faith and assist each other in the performance of the provisions
of this Agreement and in achieving the completion of development of the Property.
SECTION 17. Approvals. Whenever an approval or consent is required under or
contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Completion of Agreement. Upon the completion of performance
of this Agreement or its revocation or termination, a statement evidencing such completion,
revocation or termination shall be signed by the parties hereto and recorded in the official
records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits
attached hereto all of which are a part of this Agreement to the same extent as if such
Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the scope
or intent and should not be used in the interpretation of any section, subsection or provision
of this Agreement. Whenever the context requires or permits, the singular shall include the
plural, and plural shall include the singular and any reference in this Agreement to the
Developer includes the Developer's successors or assigns. This Agreement was the
production of negotiations between representatives for the City and the Developer and the
language of the Agreement should be given its plain and ordinary meaning and should not
be strictly construed against any party hereto based upon draftsmanship. If any term or
provision of this Agreement is susceptible to more than one interpretation, one or more of
which render it valid and enforceable, and one or more of which would render it invalid or
unenforceable, such term or provision shall be construed in a manner that would render it
valid and enforceable.
SECTION 21. Partial Invalidity. If any term or provision of this Agreement or
the application thereof to any person or circumstance is declared invalid or unenforceable,
the remainder of this Agreement, including any valid portion of the invalid term or
provision and the application of such invalid term or provision to circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby and shall
with the remainder of this Agreement continue unmodified and in full force and effect.
Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that
the purpose of this Agreement or the benefits sought to be received hereunder are frustrated,
such party shall have the right to terminate this Agreement upon fifteen (15) days written
notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes
of the City which are of general application not governing the development of land shall be
applicable to the Property, and such modifications are specifically anticipated in this
Agreement.
SECTION 23. Governing Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida.
SECTION 24. Counterparts. This Agreement may be executed in counterparts,
all of which together shall continue one and the same instrument.
SECTION 25. Amendment. This Agreement may be amended by mutual written
consent of the City and the Developer so long as the amendment meets the requirements of
the Act, applicable City ordinances, and Florida law.
[Signatures begin on following page]
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date
and year first above written.
In the Presence of:
KEY CLEARWATER, LLC, a
Florida limited liability company
By: KEY INTERNATIONAL,
INC, a Florida corporation, its sole
member
As to Developer
STATE OF FLORIDA'
COUNTY OF £'INE - S int f
The foregoing instnunent was acknowledged before me y me of [ysical
p Bence orJ rG, ] online nop ' on, thi ft/ day of /� , 2020, by
, asI tt/oe f of Key International, Inc., a Florida
corpo on, as the sole member of Key Cl ater, LLC, a Florida limited liability
company, on behalf of the company, who is [- personally known to me or has [ ] produced
as identification.
Johanna E. Stumbau
1 Comm.#GG33219'
E> res: September 4, 20
Bonded Thyro Aaron No
Pubi5 ef
t Name: vh�4� v
r? Commission Expires:-. 4,8
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Attest:
Rosemarie Call, City Clerk
Countersigned:
Frank Hibbard, Mayor
Approved as to Form:
Michael P. Fuino
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me by means of [ ] physical
presence or [ ] online notarization, this day of 2020, by FRANK
HIBBARD, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me
or has [ ] produced as identification.
Notary Public
Print Name:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me by means of [ ] physical
presence or [ ] online notarization, this day of , 2020, by WILLIAM
B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally
known to me or who has [ ] produced as identification.
Notary Public
Print Name:
My Commission Expires
EXHIBIT "A"
Legal Description
(Hotel A)
PARCEL -1:
(
Lots(1 and 1A,,of COLUMBIA SUBDIVISION NO. 3, according to the map or
plat\theeof,as recorded in Plat. Book 27, Page 46, Public Records of Pinellas
County;Florida;
LESS the South 26.5 feet .of said Lot 1A; and also less the following described
portion of Lot 1; Begin at a point in the West boundary of said Lot 1, which said
point is located 24:87`feet'North"along the said line from the Southwest corner
of said Lot for a Point of Beginning, and from the Point of Beginning thus
established run thence South a distance of 24.87 feet to the Southwest corner of
said Lot 1; run thence East along the South boundary of said Lot 1, a distance of
110 feet to the Southeast,comer/of saidsLot; run thence North along the East
boundary of said Lot a distance of 26.5 feet;\run thence West in a straight line to
the established Point of Beginning.
EXHIBIT "A"
Property
AND
Lot Three (3), in Block A, of COLUMBIA SUBDIVISION NO. 2, according to
the map or plat thereof as recorded in Plat Book 21, Page 79, of the Public
Records of Pinellas County, Florida.
PARCEL 2:
/j
Lots 1 and 2, in Block A, of COLUMBIA SUBDIVISION NO..2; according to
the map or plat thereof as recorded in Plat Book 21, Page' 7 9 of -ttie Public
Records of Pinellas County, Florida./ )
I
PARCEL 3:
I e
Lot 4, in Block A, of COLUMBIA SUBDIVISION N0.2 according to the map
or plat thereof as recorded in Plat Book 21, Page 79, of the Public Records
Pinellas County, Florida.
PARCEL 4:
Lot 2 and 2A, of COLUMBIA SUBDIVISION NO. 3, LESS the Southerly 45
feet thereof; and that part of Lot 1, of COLUMBIA SUBDIVISION NO. 3,
described as follows:
3
Begin at a point in the West boundary of said Lot 1, which said point is located
24.87 feet -North along the said line from the Southwest corner of said Lot for a
Point of Beginning; and from the Point of Beginning thus established run thence
South/a distance'of 24.87 feet to the Southwest corner of said Lot 1; run thence
East along the' South boundary of said Lot 1, a distance of 110 feet to the
Southeast.corner of -said Lot; run thence North along the East boundary of said
Lot a dist can a of 26:5\feet; run thence West in a straight line to the established
Point of Beginning. Together with the South 26.5 feet of Lot 1 A in said
COLUMBIA SUBDIVISION NO. 3, according to the map or plat thereof as
recorded in Plat Book 27,/- Page 46, of the Public Records of Pinellas County,
Florida.
PARCEL 5:
The Southerly 45 feet of Lots'2'an A and all of Lots 3, 3A, 4 and 4A, of
COLUMBIA SUBDIVISION NO. 3, according to the map or plat thereof as
recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County,
Florida.
4
EXHIBIT "B"
Lot Line Adjustment
13845114v1
II 0
SPRINGHILL SUITES
118 ROOMS
'LOTB
'LOT A
,FIRST FLOOR PLAN
(PROPOSED
(NO CHANGES ON THIS FLOOR)
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