APP01-03-01
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CITY OF CLEARWATER
APPLICATION FOR ADMINISTRATIVE APPEAL
PLANNING & DEVELOP:MENT SERVICES ADMINISTRATION
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2i>l FLOOR
PHONE (727) 562-4567 FAX (727) 562-4576
ALL APPUCAnONS FOR APPEAL OF LEVEL 1 FLEXIBLE STANDARD APPROVALS MUST BE RECErvED BY
THE PLANNING DEPARTMENT WITHlN F1VE DAYS OF THE DATE OF THE DECISION BEING APPEALED
ALL OTHER APPUCATIONS FOR APPEAL MUsr BE RECEIVED BY THE PLANNING DEPARTMENT WITHIN 14
DAYS OF THE DATE OF THE DECISION BEING APPEALED,
APELlANTNAME
APPELLANT ANDAGENllNFORMA liON:
MAILlNGADDRESS
PHONENUMBER
AGENTNAME
MAIUNGADDRESS
PHONENUMBER
Antonios Karkopou1os, et a1 (see attached Exhibit A)
100~Co~ona~~ Avenue. Clearwater. FL 33767
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727-447-8444 FAXNUMBER 727-446-2370
_Macfarlane Ferguson & HCMullen (Attn: C~rdon J. S~h;ff)
_P.O. Box 1531. Tampa. FL 33601
813-273-4344
FAXNUMBER 811-271 411)6
APPEALlNFORMA liON:
DECISIONBEINGAPPEALED
DATEOFDECISION
BAS IS FORAP P EAl.
(U sea ddlUona Ish eets
Ifnecessary)
Communi tv Development Board decision on Case Nos.
FL 01-01-01 and DA 01 01-01 (see attached Rxhihit R)
February 20. 2001
See attached Initial Br;ef
W1THYOURAPPLICATIONPlEASESUBMrr
ACOPYOFTHEOECISIONBEINGAPPEAl.ED,
NAMES,ADDRESSESANDCURRICULUMVIT AEOFALlEXPERTWlTNESSESTHA TWlllPRESENTlNFORMA TIONA TTHEMEETING,
COPYOFTHEBASISFORTHEAPPEAUNTHENA TUREOF ANINITIALBRIEFANOANYEVIOENCE,INCLUD1NGTESTIMONY,AND
AFFIDAVITS THEBRlEFMUST AT AMINIMUMST A TEALLGROUNOSFORTHEAPPEAl.,INClUD1NG,BUTNOTUMITEDTO,THEl.AW
BEINGAPPEAlEOANOANYFACTSNECESSARYFORTHEINTERPRET ATIONOFTHOSELAWS
I,theunderslgned, acknowledgelhatall
representallonsmadelnthlsappllcallon
aretrueandaccuratelothebestofmy
knowledge
Macfarlane Ferguson & MCMullen
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ST A TEOFFLORIDA,COU NTYOFPIN ELLAS
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Gordon J. Schif f
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Notaryp ub IIC,
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Notary Public. State of ROddO
My Commission EJepll'8l Mar 12. ZD1
ComrnJsslon' CC620135
PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEARWATEq
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EXHIBIT A
Names of the Appellants
1 A P Mar,Inc (d/b/a Port Vue)
2 Antomos MJ.fkopoulos, (d/b/a Day's Inn)
3 Kolossos Inn, Inc (d/b/a Beach Towers)
4 T M Megas, Lee (d/b/a Spy Glass)
5 T M Megas,_L C C (d/b/a Golden Beach)
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PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEARWATER
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CITY OF CLEARWATER
AFFIDAVIT TO AUTHORIZE AGENT
PLANNING & DEVELOPMENT SERVICES ADMINISTRATION
MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, 200 FLOOR
PHONE (727)-562-4567 FAX (727) 562-4576
ANTONIOS MARKOPOULOS
(Name of all property owners)
1 That (I am/we are) the owner{s) and record title holder{s) of the following described property
DAYS INN MOTEL, located at: 100 Coronado Avenue, Clearwater Beach, FL 33767
(Address or General location)
2 That this property constitutes the property for which a request for a
Appl~cat~on / Notice of Appeal
(Nature of request)
3 That the undersigned (has/have) apPointed and (does/do) appoint the law furn of
Macfarlane Ferguson & McMullen (Attn: Gordon J. Sch~ff}
as (his/their) agent{s) to execute any petitions or other documents necessary to affect such petition
4 That this affidavit has been executed to Induce the City of Clearwater, Flonda to consider and act
on the above described property,
5 That (I/we), the undersigned authOrity, hereby certlf
foregoing I true and correct
Property Owner
STATE OF FLORIDA,
COUNTY OF PINELLAS
Before me the undersigned, an officer duly commissioned by the laws of the State of FlOrida, on this 1 s t day of
March 2001 personally appeared ANTONIOS MARKOPOULOS who having been firs! duly sworn
deposes and says that he/she fully understands the contents of the affidavit that he/sh signed
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My Commission Expires
Notary PubliC
S application forms/development revlewlAffidavLtlo AuthOrize Agent
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KATHlEEN A. O'HEARN
Notary f"ubflC . State of AOOda
My CommlSSlOO b:pIres Jul 20, 2003
Comm~lon it CC855733
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PLANNING & DEVELOPMENT
SERVICES
CITV ()r CI [AqWfI,TFR j
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CITY OF CLEARWATER
AFFIDAVIT TO AUTHORIZE AGENT
PLANNING & DEVELOPMENT SERVICES ADMINISTRATION
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE 2nd FLOOR
PHONE (727)-562-4567 FAX (727) 562-4576
T.M. MEGAS. LLC
(Name of all property owners)
1 That (I am/we are) the owner(s) and record title holder(s) of the follOWing described property
SPYGLASS MOTEL', located at: 215 S. Gulfvlew Boulevard, Clearwater Beach. FL 33767
(Address or General LOCalion)
2 That thiS property constitutes the property for which a request for a
Appllcation I Notlce of Appeal
(N a tu re of req uest)
3 That the underSigned (has/have) apPointed and (does/do) appornt
Macfarlane Ferguson & McMullen [Attn: Gordon J. SChlff]
as (his/their) agent(s} to execute any petJtJons or other documents necessary to affect such petJtJon,
the law flrm of
4 That thiS affidaVIt has been executed to rnduce the City of Clearwater, Flonda to conSIder and act
on the above described property,
5 That (lIwe), the underSigned authority, hereby certify
By.
foreg ng IS true and correct
rkopoulos
Property Owner
STATE OF FLORIDA,
COUNTY OF PINELLAS
Before me the underSigned, an officer duly commissioned by the laws of the State of Flonda, on thiS 1 s t day of
Ma rch , 2001 personally appeared ANTONIO S MARKOPOULOS who haVing been first duly sworn
deposes and says that hefshe fully understands the contents of the affidaVit that he/sh Signed
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My Commission Expires
Notary Public
S appl";:atlon formsldevelo
D~i.~iW~ F I
MAR 2 / "]l~,
PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEARWATER
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KATHLEEN A Q'HEAl(N
Notary Public - Stole of FJoodo
My Commrss'o'l &.pI,'B'; Jul 20 2003
CommtSSlo;1 if CC855733
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CITY OF CLEARWATER
AFFIDAVIT TO AUTHORIZE AGENT
PLANNING & DEVELOPMENT SERVICES ADMINISTRATION
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR
PHONE (727)-562-4567 FAX (727) 562-4576
T.M. MEGAS, LLC
(Name of all property owners)
1 That (I am/we are) the owner(s) and record tItle holder(s) of the following deSCribed property
GOLDEN BEACH MOTEL, located at: 219 S. Gulfvlew Boulevard, Clearwater Beach. FL 33767
(Address or Generallocabon)
2 That this property constitutes the property for which a request for a
Appllcatlon / Notlce of Appeal
(Nature of request)
3 That the undersigned (has/have) appointed and (does/do) appoint the law firm of
Macfarlane Ferguson & McMullen [Attn: Gordon J. SChlff]
as (hIs/their) agent(s) to execute any petitions or other documents necessary to affect such petition
4 That thiS affidaVit has been executed to Induce the City of Clearwater, Flonda to conSider and act
on the above descnbed property,
5. That (lIwe), the undersigned authonty, hereby certl
By:
Markopoulos
Property Ow"ner
STATE OF FLORIDA,
COUNTY OF PINEL LAS
Before me the undersigned, an officer duly commissioned by the laws of the State of Flonda, on thiS 1 s t day of
March , 2001 personally appeared ANTONIOS MARKOPOULOS who havmg been first duly sworn
deposes and says Ihal he/she fully understands the conlents of the affidaVit that he/s Signed
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MAR 2, J _~j'
KATHLEEN A O'HEARN
Nota')' PubliC - Stale of Flonda
My CommiSSion b;pres Jul 70, 2003
CO'T'mISSIOn II CC855733
PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEAm"v'ATER
CITY OF CLEARWATER
AFFIDAVIT TO AUTHORIZE AGENT
PLANNING & DEVELOPMENT SERVICES ADMINISTRATION
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2M FLOOR
PHONE (727)-562-4567 FAX (727) 562-4576
KOLOSSOS INN, INC.
(Name of all property owners)
1 That (I am/we are) the owner{s) and record title holder(s) of the following descnbed property
I
Beach Towers, located at: 101 S. Gulfvlew Boulevard, Clearwater Beach. FL 33767
(Address or General Location)
2 That thiS property constitutes the property for which a request for a
Appllcatlon I Notlce of Appeal
(N a lu re of request)
3 That the undersigned (has/have) appointed and (doesJdo) appoint the law firm of
Macfarlane Ferguson & McMullen [Attn: Gordon J. SChlff]
as (hlslthelr) agent(s) to execute any pelitlollS or olher documents necessary to affect such petJtlon,
4 That thiS affidavit has been executed to Induce the City of Clearwater, FlOrida to consider and act
on the above described property,
5 That (I/we), the undersigned authOrity, hereby certJ
By:
Property Owner
STATE OF FLORIDA,
COUNTY Of PINELLAS
Before me the undersigned, an officer duly commiSSioned by the laws of the State of Flonda, on thiS 1 s t day of
March , 2001 personally appeared ANTONIOS MARKOPOULOS who having been first duly sworn
deposes and says that he/she fully understands the contents of the affidavit that he/sh signed
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Notary Public
My CommiSSion Expires
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S applLcahon forms/development review/Affidavit to AuthOrize Agent
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KArHLffN A O'HEARN
Notary Public - StOle of Flondo
My CommiSSion Expres Jul20 2003
Commtt'ifOn # CC855733
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PLANNING & DEVELOPMENT
SERVICES
ClTY OF CLEARWATER
CITY OF CLEARWATER
AFFIDAVIT TO AUTHORIZE AGENT
PLANNING & DEVELOPMENT SERVICES ADMINISTRATION
MUNICI? AL SERVICES BUILDING 100 SOUTH MYRTLE A VENUE 2nd FLOOR
PHONE (727)-562-4567 FAX (727) 562-4576
A.P. MAR CORPORATION
(Name of all property owners}
1 That (I am/we are) the owner(s) and record t!tle holder(s) of the following described property
PORT VUE MOTEL. located at: 101 Coronado Avenue, Clearwater Beach, FL 33767
(Address or General Location)
2 That this property constitutes the property for which a request for a
Appllcation I Notlce of Appeal
(Nalure of request)
3 That the undersigned (has/have) appointed and (does/do) appoint the law hrm of
Macfarlane Ferguson & McMullen [Attn. Gordon J. SChlff]
as (his/their) agent(s) to execute any petitions or olhar doclJments necessary /0 affect such petition,
4 That this affidavit has been executed to Induce the City of Clearwater, Florida to consider and act
on the above described property,
5 That (1/we), the undersigned authority, hereby cert
By:
Property Owner
STATE OF FLORIDA,
COUNTY OF PINElLAS
Before me the undersigned, an officer duly commissioned by the laws of the State of FlOrida, on Ihls 1 s t day of
Ma rch , 2001 personally appeared ANTONIOS MARKOPOULOS who havmg been first duly sworn
deposes and says that hefshe fully understands the contents of the affidavit that heJsh signed
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My CommiSSion Expires
Notary PubliC
S appllcalion forms/development rev,ew/Affidavlt to AuthOrize Agent
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1WHlHN. A O'HEARN
Notol'f PublIC - State of FIorfdc
My Commlll1oo ExpIres Jul 20 2003
Corr"T1I~lon II' CC855733
MAR 2 ~ ,j
PLANNING & DEVELOPMENT
SERVICES
EXHIBIT B
Copy of the Decision Being Appealed
Request has been made to the Clerk of the Commurnty Development Board to transfer
the decIsIon of the Commumty Development Board to the Heanng Officer when It has been
Issued (see attached letter dated March 1,2001)
In addItIOn, a transcnpt of the proceedmg IS being filed herewIth and IS mcorporated
wIthm thIS appeal
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Appeal of DecisIOn of the
Community Development Board ID
Case Numbers FL 01-01-01 and DA 01-01-01
PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEN1WATER
Hearing Officer
Appeal No.
Apolication/Notice of Appeal
Initial Brief -
A.P. Mar, Inc. (d/b/a Port Vue), Antonios Markopoulos, (d/b/a Day's Inn), Kolossos Inn,
Inc. (d/b/a Beach Towers), T.M. Megas, L.c.e. (d/b/a Spy Glass) and T.M. Megas, L.e.e.
(d/b/a Golden Beach) (collectively referred to as "Markopoulos"), by and through Its
undersIgned attorneys, hereby file thiS applicatIon/notIce of appeal of the decIsIOn of the
CommunIty Development Board ("CDB") In Case Numbers FL 01-01-01 and DA 01-01-01, and
state as the baSIS for the appeal the followmg
The CDB deelSloD on the applIcatIon filed by Clearwater Seashell Resort ("CSR"), Case
Numbers FL 01-01-01 and DA 01-01-0] ("ApplicatIOn"), IS null and vOId because the
heanng was Improperly and deficIently notIced Markopoulos reserved theIr nghts at the
CDB heanng and proceeded under protest Markopoulos hereby contmue theIr
reservatIOn ofnghts and are proceedmg under protest A transcnpt of the proceedmg IS
filed herewith and is Incorporated herem
2 Over Markopoulos' obJechons, a heanng was held by the CDB on February 20,2001 at
which tIme the CDB approved the Appl1catlOn
3 Markopoulos were granted party status, as substantially affected persons, and have
standmg to raIse all objectIons made to the CDB and to appeal the CDB deCISIon on the
ApplIcatIOn
4 Markopoulos have been prejudlced by the failure to stnctly comply WIth all nohce
reqUIrements, for reasons mcludmg, but not lImited to, that they were unable to fully
prepare and partIcIpate m the matter
5 CSR has no authonty to utilIze land that IS owned and controlled by the City of
Clearwater
6 CDB has no authonty to approve a project that IOvolves land not owned and controlled by
the applIcant
7 CSR faIled to meet Its burden of provmg by substantlal competent eVIdence that It IS
entttled to the approval requested
8 Markopoulos presented legal argument and expert testimony m eVIdence to show that the
applIcable cntena have not been met by substanttal competent eVIdence
9 CSR faIled to meet Its burden of provmg by substanttal competent eVIdence that each of
the ten (l0) cntena for comprehensIve mfill redevelopment proJects, as set forth m
Sectton 2~803 C of the Commuruty Development Code ("Code"), has been met The
testtmony of Ethel Hammer establIshed that CSR fatled to prove by substantIal competent
eVIdence that, mcludmg but wIthout lImitatIOn
a the development or redevelopment of the parcel proposed for development IS
otherwise Impractical WithOut deVIatIOns from the use, mtensIty and development
standards,
b the uses or mIX of uses wIthm the comprehensIVe mfill redevelopment project
are compatIble with adjacent land uses,
c sUItable SItes for development or redevelopment ofthe uses or mIX of uses
wIthm the comprehensIve mfill redevelopment project are not otherwise aVaIlable
m the CIty of Clearwater,
d the deSign of the proposed comprehensIve mfill redevelopment project creates a
fonn and functlOn whIch enhances the commumty character of the ImmedIate
vIcmIty of the parcel proposed for development and the CIty of Clearwater as a
whole, and
e flexibIlIty m regard to lot wIdth, reqUIred setbacks, heIght and off-street parkmg
are JustIfied by the benefits to commuruty character and the Immedlate vlcImty of
the parcel proposed for development and the CIty of Clearwater as a whole
The testtmony and eVidence presented by Michael McElveen established that CSR faIled
to prove by substanttal competent eVidence that, mcludmg but WIthout lImitatIOn, the
development of the parcel proposed for development as a comprehenSIve mfill
redevelopment proJ ect wIll not reduce the faIr market value of abuttmg propertIes
10 CSR faIled to meet ItS burden of provmg by substanttal competent eVIdence that each of
the SlX (6) standards for level two approvals, as set forth m SectlOn 3-913 A of the Code,
has been met The testimony of Ethel Hammer established that CSR failed to prove by
substantIal competent eVIdence that, Includmg by Without limItatIon
a the proposed development of the land will be m hannony wlth the scale, bulk,
coverage, densIty, and character of adjacent propertIes to which It tS located,
b the proposed development wIll not hmder or dIscourage the appropnate
development and use of adjacent land and bUIldmgs,
c the proposed development IS consIstent WIth the commumty character of the
In1ll1edIate vIcmIty of the parcel proposed for development, and
d the deSIgn of the proposed development mmlffilzes adverse effects, mcludmg
visual acoustIc and olfactory and hours of operatIOn impacts, on adjacent
propertIes
The testImony and eVIdence presented by MIchael McElveen establIshed that CSR faIled
to prove by substantIal competent eVIdence that, mcludmg by WIthout limitatIOn, the
proposed development will not sIgnIficantly ImpaIr the value of the adjacent land and
bmldmgs
11 The proposed project IS mconsIstent WIth and does not comply wIth the Beach By DeSign
regulatIOns, mcludmg but wIthout lImItatIOn to (1) the pohcy statement regardmg the
mamtammg ofhght, aIr and VIew comdors, (2) ArtIcle VII, SectIOn A (DensIty), (3)
Article VII, SectIOn B (HeIght), and (4) ArtIcle VII, SectIon C (DesIgn, Scale and Mass
ofBmldmgs)
12 The proposed project IS mconsIstent WIth the CIty of Clea.n:vater Future Land Use
Element of ComprehensIve Plan with regard to, mcludmg but wIthout lImItatIon (1) the
standards for Resort FacIlIties HIgh (RFH) land use classIficatIOns as to floor area ratIO
(FAR), ImpervIOus surface ratIO (ISR) and overnIght accommodatIOn denslty standards,
(2) the adopted goals, ObjectIve and poliCies as to the protectIon of natural resources,
consIstency WIth the surroundmg envIronment, compatIblbty WIth the surroundmg
enVIronment and aesthetIc needs ofthe CIty, and (3) the RecreatIOn and Open Space
Element as to the preservation of beach access ways and accessIble street ends
13 The proposed project IS mconslstent WIth the CIty of Clearwater Commumty
Development Code wIth regard to, mcludmg but wIthout lImItahon (1) the general
standdfds for level two approval conditIons as set forth m SectIOn 3-913 A, and (2) the
fleXIbIlIty cntena for comprehensIve mfill redevelopment projects as set forth m SectlOn
2-803 C
14 The proposed project IS InCOnsIstent WIth the CountywIde Future Land Use Plan as It IS,
mcJudmg by not wIthout hmItatlOn, not penmtted under the eXIstmg land use plan
classIficatIOn and land use plan category on the subject property
15 A development of the magmtude of the proposed development cannot be consIdered
unless and untIl comprehensIve plan amendments are adopted to allow for consIdera1ion
of a 250 room resort hotel development
16 The CBD's consIderatIOn and recommendatIon of approval of the proposed Development
Agreement between CSR and the CIty of Cleanvater ("Development Agreement") IS
lllegal, null and vOId as such recommended approval constItutes, mcludmg but wIthout
ItmItatIOn (l) an ultra vires act, (2) a vIOlatIon of state and federal procedural due process,
(3) a vIOlatIOn of state and federal equal protectIOn laws, (4) a vIOlatIOn of statutory and
Code reqUIrements, (5) unlawful contract plannmg, and (6) unlawful contract zomng
17 Markopoulos' due process nghts were vIOlated by the CDB's consIderatlOn of the
proposed Development Agreement as the proposed Development Agreement was not
provIded to Markopoulos untll several hours before the heanng and the proposed
Development Agreement was revlsed subsequent to the heanng
18 The proposed Development Agreement IS unlawful as It IS mconsIstent WIth the
comprehenSIve plan
19 Richard Gehrmg acted as CSR's advocate Accord1Ogly, Mr Gehnng's "testImony" IS
not competent, credIble nor rellable and cannot constItute substantIal competent eVldence
20 Over Markopoulos' ObjectIOns, CSR entered eVIdence and testImony mto the record that
was Irrelevant, scandalous, Imrnatenal or prejudiCIal whlch resulted 10 an unfau heanng
In VIOlatIon of Marko poulos' due process and equal protectIon nghts
21 At least one of the members of the CBD expressed bias and prejUdICe on adjudIcative
facts, tamt10g the reqUIred ImpartIalIty of the quasl-jUdIClal heanng and thereby vlOlatmg
Markopoulos' due process and equal protectton nghts
22 All ObjectiOns made m the record are mcorporatIOn herem
EXPERT TESTIMONY
1 Ethel Hammer, Engelhardt, Hammer, & ASSOCIates, Incorporated (Cumculum VItae
attached hereto)
2 MIchael McElveen, Urban EconomICS, Incorporated (Cumculum VItae attached hereto)
Markopoulos reserve the nght to supplement or modlfy thIS lIst, mcludmg but not ltmIted to
rebuttal WItnesses
WITNESSES
1 Anthony Markopoulos
2 Angelo Markopoulos
3 Rlchard Ghenng
4 John NIchols
5 Wilham KImpton, Esq
6 Lisa FIerce, CIty Staff RevIewer
7 Ralph Stone, CIty Planrung Department
Markopoulos reserve the nght to supplement or modIfy thIS lIst, mcludmg but not lImIted to
rebuttal witnesses
EXHIBITS
The followmg exhIbIts are In the record and we have made a request to the Clerk of the CDB to
prepare and transmIt a record to the Heanng Officer to mclude, but not wIthout lImItatIon, the
followmg
1 MotIOnlRequest to Cancel Hearmgs Based upon DeficIent Notice (filed February 20,
2001 )
2 Letter dated Febru~ 20, 2001 from Gordon] SchIff, Macfarlane Ferguson &
McMullen, to Gerald FIgurskI, ChaIr, Commumty Development Board
3 MotIonlRequest for Grantmg of Party Status (filed February 20, 2001)
4 ApphcatIOn for Site Plan Approval m Case Nos FL 01-01-01 and DA 01-01-01
5 Draft Development Agreement between Clearwater Seashell Resort and CIty of
Clearwater
6 Draft Development Agreement ExhIbIt LIst
7 Transcnpt of February 20,2001 Commumty Development Board pubhc heanng on Case
Nos FL 01-01-01 and DA 01-01-01
8 CurrIculum VItae of Ethel Hammer, Engelhardt, Hammer & AssOcIates, Incorporated
9 Curnculum VItae of MIchael McElveen, MAl, Urban Economics lncorporated
10 Letter dated February 20,2001 from MIchael McElveen, Urban EconomICS Incorporated
to Gordon] SchIff, Macfarlane Ferguson & McMullen
1 I GraphIcs prepared by Tnal ExhibIts Incorporated
12 Mmutes from 12!l2/00 Commumty Development Board pubhc heanng on Case No FL
00-07-29, 7 Rockaway Street Charalampos & SevastI AlexIou (KJfk ConstructIOn)
13 City of Clearwater Commumty Development Code
14 City of Clearwater ComprehensIVe Plan
15 Beach By DesIgn RegulatIOns
16 CountYWide Future Land Use Plan and Rules Concemmg AdmmtstratIOn of the
Countywide Future Land Use Plan
17 City of Clearwater Code of Ordmances
18 CIty of Clearwater Charter
19 Chapter 163, Flonda Statutes
20 NotIce ofCommumty Development Board Public Heanngs, published m The Tampa
Tnbune on February 3,2001
21 NotIce ofCornrnumty Development Board PublIc Heanngs, maIled to sUIToundmg
property owners
In addItIon, Markopoulos submits a report prepared by Ethel Hammer, Engelhardt, Hammer &
ASSOCIates, entItled "Clearwater Seashell Resort Plannmg AnalYSIS" (copy attached)
Markopoulos reserve the nght to supplement or modlfy thts lIst, mcludmg but not hmIted to
rebuttal exhIbIts
C<\SE LAW
I Da vtona LeIsure Com v CI tv 0 f Daytona Beach, 539 So 2d 597 (Fla 5th DCA 1989),
2 Bhol1a v Cltv of.s..t Augustme Beach, 588 So 2d 666 (Fla 5th DCA 1991),
3 Cltv of Sam bel .Y... Buntrock, 409 So 2d 1073 (Fla 2d DCA 1981)
4 Harnett .Y... Austm, 93 So.2d 86 (Pla 1956),
5 Cltv of Safety Harbor .Y... CIty of Clearwater, 330 So 2d 840 (PIa 2d DCA 1976),
6 PCB PartnershIP.Y... Cttv of Largo, 549 So 2d 738 (Fla 2d DCA 1989),
7 Chung.Y... Sarasota County, 686 So 2d 1358 (Fla 2d DCA 1996), and
8 Board of CommIssIOners of State Instituttons'y'" Tallahassee Bank and Trust Company,
1 08 So 2d 74 (Fla pI DCA 1959)
Markopoulos reserve the nght to supplement or modIfy thIS hst, mcludmg but not lImIted to case
law In rebuttal
WHEREFORE, Markopoulos respectfully request that the Application be demed
Respectfully submItted,
Gordon J Schl ff, E
FL Bar # 518890
Macfarlane Ferguson & McMullen
Post Office Box 1531
400 North Tampa Street, SuIte 2300
Tampa, Flonda 33601-1531
(813) 273-4200
Attorneys for Markopoulos
,.....
~
MACFARLANE FERGUSON & McMULLEN
Attorneys and COuf/.)'eJors at Law
DATE:
FAX TRANSMIT! AL FORM:
March 5, 200 1
"
NUMBER OF PAGES: ~
(Including cover page)
ATTENTJON:
usa Pierce
FIRM NAME:
City of Clearwater, PlannJng Dept
FAX NO.:
727.562-4865
TELEPHONE NO.: 727-562-4561
FROM:
Gordon J. Sduff
Macfarlane Ferguson it. Mcl\1l.111e:c.
2300 Park Tower, 400 North Tampa Street
Tampa, FL 33602
MaiUng Address: POBox 1531
Tampa, Florida 33601
FAX NO.
(813) 273~4396
TELEPHONE NO.: (813) 273~4200
ADDITIONAL COMMENTS: Correspondence dated 3-5-01 to Ctty Clerk.
IF YOU EXPERIENCE PROBLEMS IN RECEIVING,
PLEASB CALL OUR QF'PICE AT (813) 273-4200
'rHE [N'PORMA'f(ON CONTAINED IN 'rms FACSIMlL.E MESSACE IS AT'rORNHV-cLnr.NT PliUVILEGED AND
CON.ll'IDE.NTlAL fNTO.RMA nON LIliTENDED aNL Y FOR THE USJ!, OF 'tm: ADDRESSEE, IF 'mE RKADfm OF
I1US MESSAGE IS NOT THE IN'lENDED RECIPIE.N'f. COMMUNICArrON OF THIS MATERIAL IS snUctLy
PROH1B.lTE:D, IF YOU HA VB', RBCENUJ 'flUS C01o'lMUNJCATJoN IN ERROR, PLEASE LI\fMEDIA TEL Y NOTIFY
US BY TELRpHmm (COLLECT IF NEC'RSSARY) AND REtCR;N '(.lIE ORIGINAL MltSSAGJt TO US AT nIX
ABOVE ADDRESS VIA 'firE us. POSTAL SltRVICB. 'rHA.~K YOU
ClIent No
Matter No
930184
1
PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEARWATER
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MACFARLANE FERGUSON & McMuLLEN
AtTORNEY~ Ar>.IO COI.INeELORS AT LAW
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Gordon 1 Sclnff
Tampa Office
DIrect Tel, No 813.273-4344
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March 5, 2001
VIA HAND DELJVERY
Clerk, City of Clearwater
Clearwater City Hall, 2d Floor
112 S Osceola Ave
Clearwater, FL 33756
Best Copy
Avairlable
AttentioD. Ms Susan Chase
Re RE. Admuulltrative Appeal of DeciSion in Community Development Board Case Nos PL
01-01.01 and DA 01-01-0 llClearwater S eashe11 Resort
Dear Honorable Clerk
Pursuant to Ms Lisa Flerce's telephone call to my office on 'March 2,2001, enclosed please fIDd
check number 10344 In the amowrt of $135.00 as the additional fee for the appeal filed on March
1,2001 We truly apprecwte Ms Fierce's assistance 10 explall11Jlg that the CIty's web slte
co.otainmg the filing fees had not been updated Thank: you for your attention to this matter,
lJf:j )J1I
GJS/dfa
Enclosure
cc Ms Lba Pierce
CIt] ofClearwatet Planrung Dept.
PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEARWATER
20/20 L7L ON O~:OL LO, ~O/~O
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MAR 2 /, J
QUALIFICATIONS OF
MICHAEL A. McELVEEN
PLANNING & DEVELOPMENT
SEnVICES
CITY OF CLEAnWATER
EDUCATION
BA
Fmance, Umverslty of South Flonda, 198]
BS
Insurance, Risk Management and Real Estate, Mmor - EconomIcs, Flonda State
Umverslty, 1982
AREAS OF SPEClALIZA TION
Real Estate ValuatIOn and EvaluatIOn ValuatIOn emphaSIS on apartments, retail centers, regIOnal shoppmg malls,
office bUlldmgs, department stores and service stations EvaluatIOn emphaSIS IS on access studIes, hnkages, partial
mterest studIes hIghest and best use studIes, property taxatIon, condemnation, economic base analYSIS, mobile home
pdrk unreasonable rent studies, proXllTI1ty mfluence, contammatlOn and supply and demand studies for office, retail,
smgIe-famlly and multJ.pIe~famIJy housmg
AFFILIATIONS
Amencan Real Estate and Urban EconOmICs ASsOCiation
Amencan Real Estate Society
Member, AppraJsallnstltute, CertJ.ficate Number 7569
Licensed Flonda Real Estate Broker
State CertIfied General Real Estate Appraiser, LIcense Number 0000360
PROFESSIONAL EXPERIENCE ~ PARTIAL LISTING
May 1982 . December 1985, AssoClate appraiser employed by Warren Hunnicutt Jr, Incorporated, St Petersburg,
Flonda Work expenence encompassed the valuatIOn of commercIal real estate With emphaSIS In apartments,
lodgmg faCilities golf courses and retall centers EvaluatIOn aSSIgnments mcluded Marketablhty StudIes, Market
StudIes, Highest and Best Use and Econormc Base AnalySIS
December 1985 . June 1987, ViCe ~ PreSident of Warren Hunmcutt Jr, Incorporated RespoTI.'nbllItles mcluded
project planning and staffing, client development, and strategic planmng
June 1987 - Present, Director, Urban EconomIcs, Incorporated Urban Economics IS a multI-diSCIplIned real estate
and market research consulhng firm With emphaSIS on valuatIOn and evaluatIOn of umque property types,
propertIes contammated With hazardous matenal, lodgmg faCIlitIes, retail centers, mdustnal parks, servIce statlOns,
reSIdentIal developments, office bUlldmgs, smg1e-tenant retail, convelllence stores, dnd geographiC mformatlOn
systems
~
,
EXPERT WITI\'ESS QUALIFlCATIONS
Admitted as an expert ill real estate valuatiOn ill the followmg counties and JunsdIctiOns
Hlllsborough County
Pmellas County
Polk County
Pasco County
Hernando County
Manatee County
Hardee County
Orange County
Broward County
Dade County
Federal Bankruptcy Court - MIddle Dlstnct
Federal Bankruptcy Court - Lower District
PROFESSIONAL PUBLICA nONS
MIchael McElveen, David S Eastman and Barry A Dlskm, Ph D, "Rent Control LegislatiOn for MobIle Home
Parks 10 Flonda," Journal of Property Management
Michael McElveen and Barry Dlskm, "ValuatIon of Anchor Department Stores," The Assessment Digest, (Sept/Oct
1990) pp 14-21
Michael McElveen and Barry Dlskill, "ValuatIOn of Anchor Department Stores," The Journal of PlOperty TaxatIOn,
(Nov 1990) pp 20-29
Michael McElveen, Barry Diskin Ph D , and Joel B Haynes, "Lender PerceptIOns of Value Influences of Asbestos
ContammatlOn ill Income-Producillg BUJldmgs" The A55essment Dlge5t, (Nov /Dec) pp 10-15
Workmg paper, Michael McElveen, Barry DIskm Ph D, "P,oductlVlty ValuatIOn Theory For ServIce Stations"
PROFESSIONAL PRESENTATIONS
Guest lecturer, InstJtute of Property TaxatJon, 1989 Property Tax SymposIUm, "Valuahon of Anchor Department
Stores"
Member Job analYSIS panel and Item wrIter for the State ofFlonda Real Estate AppraIser Llcensmg Exam
Guest lecturer, Flonda State UniVerSity, tOpiC "HIghest and Best Use AnalYSIS"
Guest lecturer, InternatIOnal Assoclatlon of Assesslllg Officers, 55th InternatIOnal Conference, "SpeCial Problems ill
Shoppmg Center ValuatIOn "
1997 Chairman of the Flonda State Umvensty Real Estate Trends & Network Conference
Guest lecturer, HIllsborough County Bar Assoclatlon, Emmen! Dornam SectIon, "Larger Parcel Theory"
Guest lecturer, Flonda Bar A..ssoclatlOn, "Geographic InformatIOn Systems and ProXllTI1ty Damages"
Guest lecturer, McDonald Corporation, "Fast-Food Restaurant ValuatlOn"
14
ent-By Engelhardt, Hammer & A550c~Btes, 813 286 2308,
Feb~28~"1 13 50,
Page 2
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ENGELHARDT, HAMMER & ASSOCJ A TES
VI bQ1I rlannJ I'I.g St:J ""il~"
Ethel D. Hammer
Ethel D Hammer has over twenty-four years experience In the field of planning and
public admlnlstra110n Her experience as the Director of Planmng for a pre-emInent land
use law firm provIdes a practical as well as legal perspective to land use planning at
Engelhardt. Hammer & Associates, Inc Ms Hammer was the Pnnclpal Planner In
charge 01' short-range planning for HllIsborough County and was responsible for a staff
of "Ine County employees She also was the Chief Environmental Planner for
Hillsborough County whIle employed at the HIJlsborough County Planning Commission
Ms, Hammer has testified as an expert witness on land planning Issues at the Circuit
Court level In Flonda Ms Hammer has supenor wntmg and presentation skills and has
made numerous public presentations before local and state government offiCials
Professional Experience
President, Engelhardt, Hammer & Associates, Inc., Tampa, Flonda--
R.espolislble for administration and management of consultmg firm
speclahzlng In land planning, emment domain consulting, zoning,
permitting, appraisal support, and other land use-related services
Director of Planning, Taub & Williams, P A, Tampa, FlOrida-ResponSible for
the coordination of all land use-related actiVIties, Including zoning
petitions, site plans and Development of Regronallmpact
PrmClpal Planner and Senior Planner, HllIsborough County Department of
Development Coordination, Tampa, Florida--Responslble for short-
range planning In Hlllsborough County Supervised and coordinated the
planning analyses of rezoning petitions, subdiVISion plats, site plans, and
other land development proposals Supervised a staff of nine
profeSSional and technical employees
Environmental Planner, HiIIsborough County Planning CommiSSion,
Tampa, Flonda--Provlded environmental review of apphca110ns for
subdIVISions, SIte plans, and rezoning petitIons Reviewed phosphate
mlnmg actiVities Served as offiCial Development of RegIonal Impact
Coordinator for the Planning CommiSSIOn, and conducted environmental
reviews of all DRl applications
PLANNING & DEVELOPMENT
SERVICES
S4U Boy Center !>rIW, SUrJe Ill, TMVJQ, FJ JJ609, Telephone 81J 282 385:l, fa;c 813 286-'-308{ OF ClEAqWA TER
.
e~t By Engelhardt, Hammer & Assoc~qtes, 813 286 2308,
Feb.28 "1 13 50,
Page 3/3
/">>
"'---- &
ENGELHARDT, HAMMI:.R & ASSOC1A 1 LS
II F I> "II PIll n n j . g S ~ , \ I r 6 3
Ethel D. Hammer (page 2)
~ PJes~ntatlve Pro J ec.t~
D Veterans Expressway, (Multiple Emment Domain Planning Analyses),
Hlllsborough County, Florida
· Florida Department of Transportation, (Multiple Eminent Domain Plannmg
Analyses), Hillsborough, Pasco, Polk and Plnellas Counties, Florida
· Florida's Turnpike, (Polk Parkway Eminent Domain Planning Studies and Expert
Witness Testimony), Polk County, Florida
· T J Maxx (Rezoning) Pasco County, Flonda
· CF Industnes, (RezonlnglDRJlPlan Amendment), Hillsborough County, Flonda
· luna's, lnc (Rezonmg), Tampa, Florida
· Chlck-fil~A, lnc (Rezoning), HllIsborough County, Flonda
. Operation PAR, Inc , (Rezoning), PlnelJas County, Florrda
· Publix Supermarkets, Inc , (Rezoning), Tampa, Flonda
ProfeSSional Credl~s
Undergraduate Degree, Biology, Juniata College
Graduate Degree, Environmental Planning, University of Pittsburgh
Post.Graduate StudIes, University of Pittsburgh
Member, HlIlsborough County Development Regulations Task Force
Member, Amencan Planning ASSOciatIon
Member, League of Women Voters
5444 BIN Center Dnlle, Suitt /22, Tampa, F! ;3609, T~lephrme /113 2S2.j8~j. Fa.r 813 286-2308
3- 2-01,12 38PM,CITY CL'-" DEPT
,727 562 4086
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~.rwater
City of Clearwater, Florida
City Clerk Department
Phone (727 ) 562-4090
Fax (727 ) 562-4086
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LOCATION:
FAX NO.:
COMMENTS:
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DATE:
NUMBER OF PAGES rIDS MESSAGE (INCLUDING TIllS PAGE):
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3- 2-01,12 38PM,CITY CLfJ~ DEPT
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.CFARLANE FERGUSON & MCMUL
OPERATING ACCOUNT
PO BOX 1531
TAMPA, FLORIDA 33601
Date, Merch 1, 2001
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10302
63-656fG31
SUNTRUST flANK
TAMPA BAY
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TO
THI!
ORDIR
OF
CIty of Clearwater
City Hall ,
112 S Osceola Aye
Clearwa\er, FL 33756
MACfARLANE FEAGUSON & MCMUUEN
ri1~cIdJ
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City of C1ear.vster
000689
Check"
10302
10302
Check Date Mar 01/01
Invcdca Num
030101
Invorce Dale
Referp.nce
Involea Amount
Amoul;lt E'ald
36500
OlsOOI.lnt Taken
000
Payment Amt
365 00
Mar 01/01 GJSNBC 365.00
GJSNBC 930184-1. Firing Fee for ApptlcaUon/Notlce Of Appeal
Totals'
$355 00
$365 00
$000
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FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR ay
PROPERTY ~
INTHE
CITY OF CLEARWATER
between
THE CITY OF CLEARWATER, FLORIDA,
and
CLEARWATER SEASHELL RESORT, L.C.
Dated as of
, 2002March 13,2001
TABLE OF CONTENTS
ARTICLE 1. DEFINITIONS
Section 1 01
Section 1 02
Section 1 03
Definitions
Use of Words and Phrases
Flonda Statutes..... ..
2
2
4
4
ARTICLE 2. PURPOSE, PROPOSAL
AND DESCRIPTION OF PROJECT
Section 2 01
Section 2 02
Secllon 2 03
Section 2 04
4
Finding of Public Benefit and Purpose
Purpose of Agreement
Scope of Project
Cooperation of the Parties
4
5
5
7
ARTICLE 3. REGULATORY PROCESS
Section 301
Section 3 02
Section 3 03
7
Land Development Regulations
Development Approvals and Permits
Concurrency
7
8
9
ARTICLE 4. PLANS AND SPECIFICATIONS
10
Section 401 Preparation of Plans and SpeCifications
10
10
ARTICLE 5. PROJECT DEVELOPMENT
Section 5 01
Section 5 02
Section 5 03
Section 5 04
Section 5 05
ARTICLE 6
Ownership of Project Site
Project Site
City Option to Purchase
Clty=s Obllgallons .... . ........ ,..
Obligations of the Developer.
10
10
11
11
14
PROJECT FINANCING
18
Section 601
Section 6 02
Section 6 03
Notice of Project FinanCing to City
Copy of Default NotIce to City
City Opllon to Pay Mortgage Debt or Purchase Project
18
18
19
ARTICLE 7. CONSTRUCTION
20
Section 7 01 Site Work
Section 7 02 Construction . ........ .... . "
Section 703 Construction Completion Certificate
Secllon 7 04 City not In PriVity
Section 7 05 Constp,;IClIon Sequencmg and Staging Area
'-"
20
20
22
23
23
ARTICLE 8. INDEMNIFICATION
24
Section 8 01 IndemnifIcation by the Developer
Section 8 02 Indemnification by the City
24
25
First Amended Development Agreement
ADOPTED
Pagei
Section 8 03 limitation of IndemnificatIon
25
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF
THE DEVELOPER .... ,
26
SectIOn 901 Representations and WarrantIes
Section 902 Covenants
26
28
ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF
THE CITY
29
Section 10 01 Representations and Warranties
Section 1 0 02 Covenants
29
30
31
ARTICLE 11. CONDITIONS PRECEDENT
Section 11 01 The Developer AcqUiring Project Site
SectIOn 11 02 Construction of Project
Section 11 03 Responsibilities of the Parties for Conditions Precedent
31
32
32
Section 1201 Project Default by the Developer
Section 12 02 Default by the City
SectIon 1203 ObligatIOns, Rights and Remedies Cumulative
Section 1204 Non-Action on Failure to Observe ProvIsions of this
Agreement
Section 1205 Termination
Section 1206 Termination Certificate
32
32
34
35
ARTICLE 12. DEFAULT; TERMINATION
36
36
37
ARTICLE 13. RIGHT TO CONTEST
38
SectIOn 1301 Right to Contest
Section 13 02 Conditions
38
38
ARTICLE 14. ARBITRATION
39
Section 14 01 Agreement to Arbitrate
Section 14 02 Appomtment of Arbitrators
Section 1403 General Procedures
Section 1404 Majority Rule
Section 14 05 Replacement of Arbitrator
Section 14 06 DecISion of Arbitrators
Section 14 07 Expense of Arbitration
Section 14 08 Accelerated Arbitration
Section 14 09 Applicable Law
Section 14 10 Arbitration Proceed Ings and Records
ilK~
."1..""
39
39
40
40
40
41
41
41
41
42
ARTICLE 15. UNAVOIDABLE DELAY
42
Section 15 01 Unavoidable Delay
42
First Amended Development Agreement
ADOPTED
Page ii
ARTICLE 16. RESTRICTIONS ON USE
43
Section 1601 Project
43
44
ARTICLE 17. FIRE OR OTHER CASUAL TV; CONDEMNATION
Section 1701 Loss or Damage to Project
Section 17 02 Partial Loss or Damage to Project
Section 17 03 Project Insurance Proceeds. .
Section 1704 Notice of Loss or Damage to Project. ,
Section 1705 Condemnation of Project or Project Site, Application
of Proceeds
44
44
44
45
45
ARTICLE 18. MISCELLANEOUS.
45
Section 1801 Assignments
Section 18 02 Successors and Assigns
SectIOn 18 03 Notices
SectIon 18 04 Applicable Law and ConstructIon
SectIOn 1805 Venue, Submission to JUrisdiction
SectIon 18 06 Estoppel Certificates
SectIOn 18 07 Complete Agreement, Amendments
Section 18 08 Captions
SectIOn 1809 Holidays
SectIon 18 1 0 Exhibits
Section 18 11 No Brokers
Section 1812 Not an Agent of City
45
46
46
47
47
48
48
49
49
49
49
49
First Amended Development Agreement
ADOPTED
Page ill
Section 18 13 Memorandum of Development Agreement
Section 18 14 Public Purpose
Section 18 15 No General Obligation . .
Section 18 16 Other Requirements of State Law
Section 18 17 T echmcal Amendments, Survey Corrections
Section 18 18 Term, Expiration, Certificate
Section 18 19 Approvals Not Unreasonably Withheld
Section 18 20 Effective Date
49
49
49
50
50
50
51
51
EXHIBITS
Legal Description of Controlled Property .
Project Descnptlon
Project Site
Project and Interim PrOlect Development Schedule
Covenant Trip Generation Management Program
Covenant Regarding HUrricane Watch Closure
List of ReqUired Permits & Approvals
Public Improvements
AppraIsal Instructions
Cafe Seating
Covenant of Umfled Use
License Agreement
Intenm Project
Lease Agreement
A
B
C
o
E
F
G
H
J
K
L
M
N
This First Amended Agreement for Development of Property (the "Agreement") IS
made as of this _ day of , 2002 March, 2001, by and between
THE CITY OF CLEARWATER, FLORIDA, a Flonda municIpal corporation (the
"City"), and CLEARWATER SEASHELL RESORT, L.C., a Flonda limited liability
company (the "Developer")
WITNESSETH'
WHEREAS, the City of Clearwater has embarked on a community
revitalization effort for Clearwater Beach,
WHEREAS, one of the major elements of the City'S revitalization effort is a
prelIminary design for the revitalization of Clearwater Beach entitled Beach by
DesIgn,
WHEREAS, Beach by DesIgn Identifies a need for additional public
parking on Clearwater Beach;
WHEREAS, Beach by Design calls for the removal and replacement of
surface parking spaces located to the west of South Gulf view to the south of Pier
60 Park,
WHEREAS, the City has adopted Beach by Design pursuant to the
Plnellas Planning Council's Rules In support of the City'S Comprehensive Plan;
WHEREAS, Clearwater Seashell Resort, L C. proposes has propo~od to
develop a mixed use project on certain property fronting on South Gulf view (the
"Project Site") and has proposed to Include at least seven hundred and fifty (750)
parking spaces of which at least four hundred (400) spaces shall be open to the
public,
WHEREAS, It IS necessary that the City take certain actions In order to
make It possible for Clearwater Seashell Resort, L.C to develop the Project Site
In accordance with the goals and objectives of Beach by Design;
WHEREAS, the City has conducted such heanngs as are reqUired by and
In accordance With Chapter 1633220 F. S and applicable law;
WHEREAS, the City has determined that as of the EffectIve Date of this
Agreement, the proposed development is consistent With the City'S
ComprehenSive Plan and Land Development Regulations;
WHEREAS, at a duly called public meetIng on March 1,2001, the City
CommissIon approved the tm& Agreement, and authonzed and directed It~
oxecutlon by tho approprlato offlclalE: of tho City,
First Amended Development Agreement
ADOPTED
Page 2
WHEREAS, the City and Developer entered Into a Development
Aqreement for development of real property In the City of Clearwater dated
March 13, 2001 ("Aqreement"}:
WHEREAS, the Aqreement contained a prerequIsite of adoption of
modIfication to the ComprehensIve Plans for the City and for Pine lias County
("Plan Modifications") which have been undertaken and approved,
WHEREAS. It IS necessary to enter into this First Amended and Restated
Development Aqreement In order to remove conditions which have been met,
proVide for the interim parklnq, extend the time frames for Development of the
Prolect. and proVide for purchase of the Prolect Site by the City:
WHEREAS, the anticipated prolect described In the Aqreement has not
been commenced, by virtue of a turn down in the economic condition for the
tOUrist Industry, acts of terronsm and war. and further by Iltlqatlon undertaken by
an adlolnmq property owner. such matters belnq recoqnlzed by the Cltv as
temporanlv delaYlnq commencement of the Proiect:
WHEREAS, the Developer has presented to the Cltv herewith an Intenm
plan for development of the Prolect site as surface parklnq which will extend the
development opportUnity and further benefIt the City In Implementation of Beach
Bv Des/an;
WHEREAS, the City has conducted pubhc heannqs as required bv & 4-
206 and 4-606 of the Community Development Code,
WHEREAS, at a dulv called pubhc meetinq on Auqust 22, 2002, the Cltv
Commission approved thIs First Amendment to the Aqreement and authonzed
and directed Its execution bv the appropnate officials of the CltV:
WHEREAS, implementatIon of the intenm plan as development of the
Prolect site as a temporary parklnq lot ("Intenm Development Plan") would qlve
the CltV the option of qOInQ forward with the proposed deslqn. permlttlnq and
construction of Beach Walk, In accordance with the overall tlmellne established
for completion of the Memonal Causeway Bndqe and Mandalav improvements,
all of which are currently under construction:
WHEREAS, approval of the Intenm Development Plan IS In the Interests of
the City In furtherance of the City'S Qoals of enhanclnq the Vlabllltv of the resort
communltv and furtherance of the oblectlves of Beach Bv Deslan: and
WHEREAS, the members of Clearwater Seashell Resort, L.C have
approved this First Amended Agreement and has authorized certain Individuals
to execute this First Amended Agreement on ItS behalf;
First Amended Development Agreement
ADOPTED
Page 3
NOW, THEREFORE, In consideration of the mutual promises and
covenants contained herein, the parties hereby agree as follows:
ARTICLE 1. DEFINITIONS.
1.01. Definitions. The terms defined In this Article 1 shall have the following
meanings except as herein otherwise expressly provided.
1. "Agreement" means this First Amended and Restated Agreement for
Development of Property including any Exhibits and any amendments thereto
2 "Beach by DesIgn" or "Plan" means the strategic redevelopment plan for
Clearwater Beach dated 2001 which was adopted by the City CommIssion
pursuant to the provIsions of the Plnellas County Planning Councils Rules for the
deSignation of a Community Redevelopment Dlstnct
3 "City" means the City of Clearwater, Flonda, a Flonda municipal corporation
4 "City Commission" means the governing body of the City.
5. "Commencement Date" means the date on which Developer commences or
causes
a Contractor to commence construction (see Section 5 05(12)).
6 "Completion Date" means the date on which the last certificate of occupancy
required for the Project IS Issued
7 "Construction Completion" means the date a Construction Completion
Certificate IS Issued (see Section 7 03).
8 "Controlled Property" means those properties within the Project Site which
have been purchased bv or are subject to a purchase contract In favor of the
Developer or an affiliate or nominee on the Effective Date of this Agreement (see
Section 5 01) which are more particularly descnbed In the legal descnptlon set
out in Exhibit A to this Agreement
9. "Developer" means, for the purposes of this Agreement, Clearwater Seashell
Resort, L.C and Its successors and assigns as provided In Article 18.
10. "Effective Date" means the date of approval and execution of the tAf&
Development Agreement
11 "Exhibits" means those agreements, diagrams, draWings, specifications,
Instruments, forms of Instruments, and other documents attached horoto and
deSignated as exhibits to, and Incorporated In and made a part of, the tAf&
First Amended Development Agreement
ADOPTED
Page 4
Development Agreement dated March 13, 2001 All such exhibits are hereby
Incorporated bv referenced as exhibits hereto.
12. "Garage Access Improvements" means the pedestnan overpass, landing,
arcade, elevated sidewalk, and facilities to provide concessions along the
western facade of the Project which are proposed In conjunction with the
development of at least four hundred (400) parking spaces as a part of the
Project which are to be available to the general public and to be owned by the
City, as more particularly descnbed on ExhibIts Hand L.
13 "Interim Project" means a surface parklnq lot as provided In ExhibIt
14.::t-3 "Meeting Space" means any bUilding floor area which can be used in
conjunction with conference or meeting activities
15 44. "Net Cost of South Gulfvlew and Beach Walk Improvements" means the
total cost of the Improvements, including debt service, fees, and return on eqUIty,
net of. a) any Impact fee credits credited against the cost of the Improvements,
and b) any other funding made available by or through the City which are not
generated by the ProJect.
16 +e "Net Increase In taxes" means that Increase In revenues above the
amount In either mUnlclpal ad valorem taxes or utility taxes paid by the owner of
the Controlled Property as of the EffectIve Date of this Agreement
17 +& "Permits" means all land development approvals and consents required to
be granted, awarded, Issued, or given by any governmental authonty In order tor
construction of the ProJect, or any part thereof, to commence, continue or be
completed.
18 -+7. "Plans and SpeCifications" means, as to each part of the Project to be
developed, the site plan for the Project to be developed, filed with the City as
required by the Land Development Regulations for the purpose of review and
approval
N +8. "ProJect" means, collectively, the concept of development for a resort hotel
proposed by the Developer as described in Section 203(1) of this Agreement
and the preliminary plans which are attached hereto as Exhibit B
20 +9 "Project Site" means the land area generally bounded by the western
edge of the nght-ot-way of Coronado Street, on the north by the southern
boundary of the Golden Sands Motel property, sometimes referred to as the
"Spyglass property", on the south by the northern boundary of the property
popularly known as the "Legends property," and on the west by the centerline of
South Gulf View, which IS more particularly descnbed and depicted on Exhibit C
(see Section 5 02)
First Amended Development Agreement
ADOPTED
Page 5
21 2Q "South Gulf view and Beach Walk Improvements" means the proposed
realignment of South Gulfvlew and the construction of a thirty-five (35) foot wide
promenade, a fifteen (15) foot bicycle/skating path, a fIfteen (15) foot beachfront
pedestnan path, fifty (50) paid surface parking spaces and associated
landscaping from the northern edge of the nght-of-way of First Street to a line
which represents an extension of the southern wall of the South Beach Pavilion
eastward to the eastern boundary of the eXisting nght-of-way of South Gultvlew,
as more particularly shown on Exhibit H.
22 2-+ "Termination Date" means the date a termination certificate IS issued
pursuant to Article 12.
23 22 "Termination for Cause" means a termination whIch results from an
uncured, matenal breach of the Agreement
24 2d "Unavoidable Delay" means a delay as descnbed In Article 15 hereof
25 24. "Vacation of Rlghts-ot-Way" means the abandonment of the right-of-way
of Third Street between the nght-of-way of Coronado and the centerline of the
eXisting nght- of-way of South Gulfview and the eastern half ot the eXisting nght-
of-way of South Gulf view within the Project Site by the City In favor of Developer,
In order that the goals and objectives of the ComprehenSive Plan may be better
accomplIshed
1.02. Use of Words and Phrases. Words of the masculine gender shall be
deemed and construed to Include correlative words of the feminine and neuter
genders Unless the context shall otherwise indicate, the Singular shall Include
the plural as well as the Singular number, and the word "person" shall Include
corporations and aSSOCiations, limited liabIlity corporations and partnerships,
Including publIc bodies, as well as natural persons "Herein," "hereby,"
"he reu nde r, II "he reof," "herel nbefore," "he relnafte r" and other eq u Ivale nt wo rds
refer to thiS Agreement and not solely to the particular portion thereof In which
any such word is used
1.03. Florida Statutes. All references herem to Flonda Statutes are to Flonda
Statutes (2000), as amended from time to time.
ARTICLE 2. PURPOSE AND DESCRIPTION OF PROJECT.
2.01. Finding of Public Purpose and Benefit. The proposed ProJect, Including
the acquIsition of the Controlled Property by the Developer and the deSign,
construction, completion and operatIon of the Project, and each part thereof, IS
hereby found by the parties hereto. (1) to be consistent with and In furtherance of
the objectives of the ComprehenSive Plan of the City of Clearwater, (2) to
conform to the provIsions of FlOrida law, (3) to be In the best Interests of the
First Amended Development Agreement
ADOPTED
Page 6
citizens of the CIty, (4) to further the purposes and objectives of the City, (5) to
further the public Interest on Clearwater Beach, and (6) to Implement Beach by
Design for South Gulfvlew, including the removal of parking from the dry sand
beach, Implementation of the South Gulf view and Beach Walk Improvements and
the Garage Access Improvements to be constructed as a part of the Project.
2.02. Purpose of Agreement. The purpose of thIs Agreement IS to further the
Implementation of Beach by DesIgn by prOViding for the development of the
Project Site and the construction of certain public Improvements, all to enhance
the quality of life, Increase employment and Improve the aesthetic and useful
enjoyment of Clearwater Beach and the City, all In accordance With and In
furtherance of the Comprehensive Plan of the City of Clearwater and as
authonzed by and In accordance With the provIsions of Flonda law
2.03. Scope of the Project.
1. The Project shall only Include public parking, pnvate parking, resort
hotel and retail uses and appropnate accessory uses and shall be
developed In substantial conformIty With the preliminary plans of
development which are attached as Exhibit B VI/hon ::111 roqUlrod approvals
including doslgno:tlon of tThe Project Site IS as a "Community
Redevelopment Dlstnct," pursuant to the Plnellas County Planning
Council's Rules which authorizes an Increase In hotel Unit density
pursuant to the proVISIons of Beach by Design_ have boon granted by tho
appropriate authOrities pursuant to appllcablo law, tThe intensity of
permitted use on the Project Site shall be'
PubliC parking -at least 400 spaces
Pnvate parking -at least 350 spaces
Hotel- 250 Units Including up to 20,000 square feet of Meeting
Space
RetaIl -not more than 50,000 square feet of floor area
If the chango desonbed In Scctlen a 01 (2) IS not approvod pursuant to all
appllcablo rulos, mgulo:tlens and !awe and a Community Rodovolopment
Dlstnct hotel density benue program IS not oetabllshod, the City and
Devoloper agroe to '.vork together In good faith to agroo on ::m
oconomlcally Viable altornatlvo develepment, whloh shall Includo at a
minimum 400 parking spacee to be avallablo to the public In addition, If
the change doccnbed In Sootlon a 01 (2) IS not approved and tho City and
tho Doveloper cannot agroo on an eoonomically vlablo altornatlvo
dovelopment, the City and tho Doveloper agreo to nogotlato a salo
First Amended Development Agreement
ADOPTED
Page 7
whoroby tho City m::lY buy tho Controllod Proporty at bir markot valuo, to
bo oct3bllShod by an ::lppralcal prococs Tho appr::lisalc shall bo
conductod by t\1\'O (2) appralsors rot3lnod by tho City. Ono of tho
appr::llcorc chall be selocted from a hst of quallflod :lppralserc submitted to
the City by tho Dovolopor In tho evont that tho 1\'1,,'0 (2) appr3ie:3ls aro
'."-'Ithln twonty porcont (20%) of oach othor, tho fair markot 'Jaluo shall bo
tho avorago of tho tlNO (2) appralcals In tho ovont that tho appralsalc dlnor
by moro than twenty porcont (20%), tho two appraisers shall soloct a third
appr:llcor from tho City's mastor hst of quallflod ::lppralsors, including tho
list submlttod by tho Dovolopor, and the third apprall::er chall soloct among
tho two (2) ::lppr:lIE::lIe: which In tho opinion of tho thll:d appralGor most
accuratoly roprosonts tho fair market valuo of tho proporty.
2. Nothing shall preclude the Developer from developing or operating all or
portions of the Project elements uSing any ownership format permitted
under Flonda Statutes Including Individual ownership formats.
3 Up to twenty-five percent (25%) of the hotel Units may be sUItes WIth
kitchens, Including all typIcal kitchen equipment and amenities.
4. Notwithstanding any other provIsion of thiS Agreement, no occupancy In
excess of thirty (30) days per stay shall be permitted In any unit which IS
developed as a part of the Project.
5. As a condition of the allocation of bonus hotel units pursuant to the
deSignation of Clearwater Beach as a Community Redevelopment Dlstnct
pursuant to the Plnellas County Planning Council's Rules, the Developer
shall comply With each of the standards established In Beach by Design,
Including
a The resort hotel which IS a part of the Project shall prOVide a full
range of on and off site amemtles for the guests of the resort,
including a full service restaurant, room service, valet parking,
exercise faCilities, pool, and meeting areas and access to boating,
fishing and golf off- sIte Off site amenities may be prOVided through
a concierge service
b The resort hotel which IS a part of the Project shall be operated as a
Marnott Resort or other comparable national or International "flag"
or brand or as part of another comparable marketing affiliation or
program which Will ensure the repositioning of Clearwater Beach as
a national and International resort destination.
c. Pnor to the issuance of a certificate of occupancy for the resort
hotel which IS a part of the ProJect, the Developer shall record a
covenant and restriction which IS enforceable by the City,
First Amended Development Agreement
ADOPTED
Page 8
substantially In accordance with Exhibit E, limiting the use and
operation of the resort, which IS enforceable by the City, obligating
the Developer to develop, Implement and operate, at all times when
the resort hotel is open, a Tnp Generation Management Program
which shall Include the provIsion of non-pnvate automobile access
to and from the resort which shall Include at least an airport shuttle
and resort-provided transportation to off-site amenities and
attractions.
d Pnor to the issuance of a bUilding permit authorizing the
construction of the resort hotel units, the Developer shall record a
covenant and restnctton which IS enforceable by the City,
substantially In accordance with Exhibit F, on the use and operation
of the resort, which IS enforceable by the City, that obligates the
Developer to close and vacate all persons (except for emergency
personnel required to secure and protect the facIlities) from the
resort hotel within twelve (12) hours after the Issuance of a
hurncane watch by the National Hurncane Center which Includes
Clearwater Beach
6. Interim Proiect Pnor to the development of the Prolect, the Developer
IS authonzed to construct an Intenm Prolect consistlnQ of a surface parklnq lot
under the terms and conditIons descnbed herein
2.04. Cooperation of the Parties. The City and the Developer recognize that the
successful development of the Project and each component thereof is dependent
upon the continued cooperation of the City and the Developer, and each agrees
that It shall act In a reasonable manner hereunder, provide the other party with
complete and updated Information from time to time, with respect to the
conditions such party is responsible for satisfying hereunder and make ItS good
faith reasonable efforts to ensure that such cooperation IS continuous, the
purposes of this Agreement are earned out to the full extent contemplated hereby
and the Project IS deSigned, constructed, completed and operated as proVided
herein
ARTICLE 3. REGULATORY PROCESS.
3.01. Land Development Regulations.
1 Land Use DeSlqnatlon The Project Site IS deSignated Tourist
Dlstnct In the City'S land Development Regulations
2 Amendments to Comprehensive Plan & Land Development
Reaulatlons The CIty has agrooG to Inltlato an amended
amendment to the ComprehenSive Plan of the City of Clearwater te
First Amended Development Agreement
ADOPTED
Page 9
upd3to tho Plan to recognize the Goals and ObjectIves set forth In
Beach by Design and has to tako 311 stops nocossary to deslgnateg
Clearwater Beach as a Community Redevelopment District In
accordance with Beach by Design pursuant to Plnellas County
Planning Council Rules; and, In tho ovont this docignatlon IC
obt3lnod, the City sh:1l1lniti:lto appropriato proceodlngs to allocateg
an additional one hundred eighty-five (185) hotel units, for a total of
two hundred fifty (250) hotel units to the Project SIte in accordance
with applicable law.
3.02 Development Approvals and Permits.
1 Applications for Development Approval. The Developer shall prepare and
submIt to the appropriate governmental authorities, Including the City,
applications for approval of all plans and speCIfications necessary for the
Project, and shall bear all costs of preparing such applications, applYing
for and obtaining such permits, Including payment of any and all
applicable application, Inspection, regulatory and Impact fees or charges,
subject to the provIsions of Section 5.05(5) The CIty shall, to the extent
pOSSible, expedite revIew of all applications, including foundation pormlts.
A list of all permits and approvals reqUired to Implement the provIsions of
thiS Agreement IS attached as Exhibit G. The failure of thiS Agreement to
address a particular permit, condition, or term of restriction shall not
relieve the Developer of the necessity of complYing With the law governing
said permitting requirements, conditions, terms or restrictions.
2 Schedule A Project Development Schedule IS attached to thiS Agreement
as ExhIbit D that Identifies speCIfic tasks to be completed through the
entire ProJect, starting With tho ISGuanco of a foundation parmlt and
Inct311atlon of pilings Adheronco to tho schodulo Will onable tho Do'.'oloper
to documont :1 contlnuouG com:tructlon prOjoct to tho 5t3to of FlOrida
3 City Cooperation and ASSistance The City shall cooperate with the
Developer In obtaining all necessary PermIts reqUired for the construction,
completIon and opening for bUSiness of the Project If requested by the
Developer and authOrized by law, the City Will JOin In any application for
any Permit, or, alternatIvely, recommend to and urge any governmental
authOrity that such Permit or Permits be Issued or approved.
4 CltV AuthOrity Preserved. The City's duties, obligations, or responsibilities
under any section of thiS Agreement, speCifically including, but not limited
to, thiS Section 3.02, shall not affect the City'S right, duty, obligation,
authOrity and power to act In Its governmental or regulatory capacity In
accordance With applicable laws, ordinances, codes or other bUilding
regulations Notwithstanding any other proVISIon of this Agreement, any
required permitting, licenSing or other regulatory approvals by the City
First Amended Development Agreement
ADOPTED
Page 10
shall be subject to the established procedures and substantlve
requirements of the City with respect to review and permItting of a project
of a similar or comparable nature, size and scope In no event shall the
City, due to any provIsion of thiS Agreement, be obligated to take any
action concerning regulatory approvals except through Its established
procedures and In accordance With applicable provIsions of law.
5 Impact Fees The City shall use rts best efforts to secure or prOVIde any
lawfully available credits against Impact fees applicable to the Project
which are authOrized under eXlstrng laws and regulations for public
Improvements constructed and paid for by the Developer In the event that
the City IS unable to secure a credit against any Impact fees, the City shall
use ItS best efforts, Within the limits of the applicable law, to allocate
Impact fees collected from the Developer to the public Improvements
which are desCribed In Exhibit H to this Agreement or other Improvements
In the Immediate VICInity of the Project Site. The Interim Prolect shall not
be sublect to transportation Impact fees.
6 The Interim Proiect. The Interim Protect development schedule IS
attached hereto and made a part hereof as Exhibit D.
3.03. Concurrency.
1 Concurrency Required. The parties hereto recognize and
acknowledge that FlOrida law (specifically, Part II, Chapter 163,
FlOrida Statutes, and Rule 9J- 5, FlOrida Admlnlstratlve Code,
collectlvely the "Growth Management Act") Imposes restrictions on
development If adequate public Improvements are not available
concurrently With that development to absorb and handle the
demand on public services caused by development. The City has
created and Implemented a system for mOnitoring the effects of
development on public services Within the City. The Developer
recognizes and acknowledges It must satisfy the concurrency
requirements of Flonda law and the City'S regulations as applied to
thiS Project
2 Reservation of CapacIty The CIty hereby agrees and
acknowledges that as of the Effective Date of this Agreement, the
Project satisfies the concurrency reqUIrements of FlOrida law. The
City agrees to reserve the required capacity to serve the Project for
the Developer and to maintain such capacity until March 6. 2006 far:
:1 ponod of throe (3) years from tho Effoctivo D:1to of thiS
Agreement and that such period shall be automatically extended for
an additional three (3) years If the Developer commences
construction by March 6. 2006 Within the Initial throe (3) yoar
First Amended Development Agreement
ADOPTED
Page 11
ponod The City recognizes and acknowledges that the Developer
will rely upon such reservation In proceeding with the Project.
3. ReqUired Public FacIlitIes. In addition to the obligations of the City
and the Developer set out In Article 5 of this Agreement, the Water
Utilities Department of the City will provIde potable water service
and sanitary sewer service to the Project
ARTICLE 4. PLANS AND SPECIFICATIONS.
4.01. Plans and Specifications.
1 Responsibility for Preparation of Plans and SpecIfications. The
Developer
shall be solely responsible for and shall pay the cost of prepanng,
submitting and obtaining approval of the Plans and Speclflcatlons
for the Project and Intenm Prolect
2. Use of Qualified Professionals. The Developer shall retain qualified
professionals to prepare the Plans and Specifications and shall
cause such profeSSionals to prepare the Plans and Specifications
3. Approval of Plans and Specifications for the Parklnq Spaces Which
Are To Be Available to the PubliC In order to ensure that the deSign
of the parking spaces which are to be available to the publiC will
achieve the City'S purpose In making parking available on
Clearwater Beach, the Plans and Specifications for the Project shall
be submitted to the CIty for review and comment pnor to the
submission of any application for a building permIt, other than a
foundation permit The City agrees to diligently proceed With and
complete ItS review of the Plans and Specifications, and respond to
the Developer as soon as reasonably possible after receipt thereof
and adVise the Developer In wntlng of the City's comments and
objectlons, If any, thereto The CIty shall notify the Developer In
wntlng Within thirty (30) days of receipt that the Plans and
Specifications have or have not been approved, and In the case of
disapproval, the specifiC reason(s) for such disapproval. If the Plans
and Specifications submitted to the City by the Developer
substantially comply With thiS Agreement and further the purposes
of the ComprehenSive Plan, the City shall approve the Plans and
Specifications as submitted
ARTICLE 5. PROJECT DEVELOPMENT.
First Amended Development Agreement
ADOPTED
Page 12
5.01. Ownership of Project Site. The Developer IS the owner of or the contract
purchaser of certain parcels of land within the Project Site which are more
particularly descnbed In Exhibit A to this Agreement ("Controlled Property")
5.02. Project Site. The Project Site consists of those properties located In an
area which IS bounded by the western nght-of-way of Coronado Street, on the
north by the southern boundary of a parcel of land generally known as the
Golden Sands Motel property, on the south by the northern boundary of a parcel
of land generally known as the "Legends" property, and on the west by the
centerline of South Gultvlew as more particularly descnbed In Exhibit C.
5.03. City's Option to Purchase.
1 ParklnQ in the Prolect. At any time within five (5) years after the
issuance of a certificate of occupancy for the parking spaces wIthin
the Prolect which are to be available to the public, In the event that
the City determines that the parking rates charged by the
Developer for the parking spaces which are available to the public
are unreasonable, which for the purposes of this Paragraph shall
be two and thirty five one hundredths (235) times the parking rate
necessary to cover debt service required to publicly construct a
comparable parking space, the City shall have the option to
purchase the parking spaces which are to be available to the public
from the Developer, In the form of a condominium ownership, at the
faIr market value of the spaces at the time the City exercises ItS
option The fair market value of the parking spaces shall be
determined by appraisal of the property pursuant to the appraisal
instructions attached hereto as Exhibit I The appraisals shall be
conducted by two (2) appraisers retained by the City. One of the
appraisers shall be selected from a list of qualified appraisers
submitted to the City by the Developer In the event that the two (2)
appraisals are within twenty percent (20%) of each other, the fair
market value shall be the average of the two (2) appraisals In the
event that the appraisals differ by more than twenty percent (20%),
the two appraisers shall select a third appraiser from the City'S
master list of qualified appraisers, Including the list submitted by the
Developer, and the third appraiser shall select among the two (2)
appraisals which in the opinion of the third appraiser most
accurately represents the fair market value of the parking spaces
2. The Controlled Property In the event the Develooer falls to
commence construction bv March 6. 2006, the Cltv aarees to purchase
the Controlled oroperty as descnbed In Exhibit A at fair market value, but
First Amended Development Agreement
ADOPTED
Page 13
In no event shall the purchase pnce exceed $6,000,000. The fair market
value shall be established by an appraisal process. The appraiser shall
be directed to establish the value of the property assumlnQ Third Street
and South Gulf view Dnve are not vacated and disreoardlnQ the additional
development nahts (185 hotel Units) prOVided In the Development
Aqreement. The appraisal of the Controlled Property shall reflect the
hioher of' (I) the hlohest and best use of such property at the time of
appraisal. or (Ii) the value of the Controlled Property with eXlstlnq buildinqs
and eXlstlnQ sDcty-flve (65) Units In place at the time of execution of the
Development Aoreement (Le as eXlstlna In 2002, before demolition, but
valued at the time of the appraisal In 2006) The appraisals shall be
conducted by two (2) appraisers retained bv the City. One of the
appraisers shall be selected from a list of qualified appraisers submitted to
the City by the Developer In the event that the two (2) appraisals are
Within twenty percent (20%) of each other, the fair market value shall be
the averaoe of the two (2) appraisals In the event that the appraisals differ
by more than twenty percent (20%), the two appraisers shall select a third
appraiser from the City'S master list of Qualified appraisers, IncludlnQ the
list submitted by the Developer, and the thIrd appraISer shall select amonQ
the two (2) appraisals which In the opinion of the third apPraiser most
accurately represents the fair market value of the property
5.04. City's Obligations.
1. Vacation of RIQhts-of-Way Tho Dovolopor shall apply for and tThe
City CommIssion has E:ho.lI consldor tho o.doptlon of adopted an
ordinance vacating the nght- of-way of 3rd Street between
Coronado Avenue and the centerline of the eXIsting nght-of-way of
South Gulf view Dnve and the eastern half of the eXisting nght-of-
way of South Gulfvlew Dnve Included Within the Project Site, as
depIcted on Exhibit H The vacation IS conditioned on the
construction of the Prolect The CltV Commission hereby extends
the time for compliance With the ordinance bv 18 months
2 Beach Bv Deslan DenSity Pool The Cltv aarees to conSider
extendlna the DenSIty Pool eXPiration time bv 18 months to
December, 2007
~2. Road and Sidewalk Improvements The City shall take all actIons
necessary to allow for the re-ahgnment of South Gulfvlew Dnve
between 151 Street and the Adams Mark Resort and the
ImplementatIon of the South Gulf view and Beach
Walk Improvements, as shown on Exhibit H South Gulfvlew Dnve,
as re-allgned, shall be traffiC calmed to control speed.
First Amended Development Agreement
ADOPTED
Page 14
.13 Parklnq Garaqe In the event that the CIty exercises Its option to
purchase public parking spaces as provided In Section 5.03 of this
Agreement, not less than forty percent (40%) of the parking spaces
located on the first two levels of the garage shall be deSignated as
public spaces and such spaces to be conveyed shall be located In
discrete areas which are reasonably accessible to the point or
points of access to the beach
.24 Permits The City will cooperate and coordinate with the Developer
with regard to all permit applications, including those to state
agencies, and will facIlitate or expedite, to the greatest extent
possible, the permIt approval process.
Qa. Authority for Cafe Seatlnq. The CIty shall consider the adoption of a
regulation authonzlng the use of portions of the west thirty-five (35)
feet of the South Gulf view Drive nght-of-way existing on the
Effective Date of this Agreement for outdoor cafe seating and
associated actIVIties In accordance with the terms of Exhibit J,
provided that such activities shall not interfere with the use of the
west half of the thirty-five (35) feet of the eXisting nght-of- way of
South Gulfvlew Drive for pedestnan and vehicular movement In
accordance with the provIsions of Beach by DeSign, including the
Intra-beach transIt system proposed In Beach by DeSIgn
Ie Garaqe Access Improvement Approval The City shall grant the
Developer the authonty to construct the Garage Access
Improvements and associated pedestnan faCilIties extending from
the Project Site across the re-allgned South Gulfvlew Dnve to
publiC land, as shown on Exhibit H
~7 Concessions The City shall grant the Developer authonty to
operate concessions on land to the west of the eXisting centerline
of South Gulf vIew Dnve, subject to any eXisting franchISe or
concession rights and compliance WIth all reqUirements of the City
Code, and subject to a long term license agreement to be approved
by the City, substantially In the form as Exhibit L The license
agreement shall be for a term of 50 years, commencing on the date
the faCilities are available for use, and be subject to a nght of
terminatIon by the City for an uncured breach of a matenal
obligation by the Developer. Such concessions may Include a
facility open to the publiC which provides towels, lockers, minimal
beach sundries, chairs, and other beach gear reqUired to operate a
first-class beach hotel Such faCIlities shall be bUilt Into the beach
landing portion of the pedestrian overpass, as more particularly
depIcted on Exhibit H
First Amended Development Agreement
ADOPTED
Page 15
fl& Removal of Parklnq In conjunction with the Project, the City agrees
to the removal of the off-street parking spaces which are located on
the beach between the concessIon bUilding located between 3rd
and 5th Streets and the Pier 60 lot (approximately 317 spaces)
The new desIgn for the realignment of South Gulfvlew Dnve and
the South Gulfview and Beach Walk Improvements, as descnbed In
ExhibIt H, Includes two (2) parking areas of twenty-five (25) parking
spaces each on the east Side of the re-allgned road.
109. Approval of Plans and Specifications for the South Gulfview and
Beach Walk Improvements. The Cltv shall DOlJolopor IS obligated to
prepare Plans and SpeCifications for the South Gulf view and Beach
Walk Improvements. At least thirty (30) daye pnor to applYing for a
bUilding permit for tho South Gulfvlo'N and BoacR V\/alk
Improvomonte, the Developer shall submit a cemplote draft of such
plane to the City for review and comment The City shall proVide
drafts of such plans to the Developer for review and comment
promptly rovlow euch plane and prOVide comments ~md
rocommended modifications to tho Dovolepor Within thirty (3D) days
of roCOlpt. The Cltv Devolopor shall conSider Incorporato the
Developer's Qty!s comments and recommended changes In the
Plans for tho South Gulfvle'N and Beach \^lall< Improvements and
the City shall ro'lIOW and approvo the p13ns and speCIfications
Within thirty (30) daye aftor submiSSion of tho Plans and
SpeCIfications for the South Gulfvlo\\' and Beach Walk
Improvomonts.
1l+G Public FinanclnQ of Public Improvements. Subject to agreement
and request by the Developer, the City shall provide the Developer
With finanCing, to the extent permitted by law Without a referendum,
proVided that such debt Will be serviced only by speCIal revenues
generated by the Project. The maximum amount of the finanCing
shall depend on the final deSign of the South Gulf vIew and Beach
Walk Improvements and the net cost of construction. The cost of
the South Gulf view and Beach Walk Improvements shall be net of
any credits against Impact fees which are available under eXisting
law and the Developer's fair share of the South Gulfvlew and Beach
Walk Improvements. The CIty agrees to make the follOWing sources
of revenue available for debt service of any public finanCing for the
South Gulfvlew and Beach Walk and Garage Access
Improvements:
a Net operating Income from the fifty (50) new parking spaces
created as a part of the South Gulf view and Beach Walk
Improvements, and
First Amended Development Agreement
ADOPTED
Page 16
b Fifty percent (50%) of the net Increase In mUnicipal ad
valorem taxes and utility taxes generated by the Project
12++ Tlmelv Completion The City recognizes the public Importance of
the timely completion of the proposed Improvements, and time IS
deemed to be of the essence The City considers this Agreement
as overall authonty for the Developer to proceed to permit, and
agrees to Implement a fast-track reView, permitting, and Inspection
program for this Project
,U4-2. Additional Public ParklnQ. The City agrees that the City will not use
public funds to provide more than three hundred (300) additional
parking spaces (net Increase In the number of spaces above the
number of public parking spaces In eXistence on the effective date
of this Agreement) which are available for use by the public within a
radiUS of a quarter-mile of the Project Site for a penod of five (5)
years after the Issuance of a certificate of occupancy for the
ProJect, unless otherwise agree to by the Parties
5.05. Obligations of the Developer.
1 Resort Hotel and ParklnQ GaraQe Prolect. The Developer shall
bUild and operate a two hundred and fifty (250) room resort hotel to
be operated as a Marnott resort or other comparable International
hotel/resort management company together With a parking garage
containing at least seven hundred and fifty (750) parking spaces In
the event that the Developer determines to operate the resort hotel
under a different "hotel/resort" name, the Developer shall obtain the
City's approval, which shall not be unreasonably Withheld, prOViding
that the reputation and- qualifIcations are comparable to the
Marnott organization The parking spaces shall be no narrower than
nine (9) feet and no shorter than eighteen (18) feet, and no two-way
aisle shall be less than twenty five (25) feet In Width.
2 ResponSIbility for On-Site Costs The Developer shall be
responSible for all on-site costs relative to the development of the
Project, including the parking spaces which are required to be open
to the publiC
3 ParklnQ The Developer agrees to make at least four hundred (400)
parking spaces Within the Project available to the general public
Within the parking garage. The Developer may charge the public for
use of the parking spaces which are available to the general public
on terms and rates which are market-based and commensurate
With terms and rates which are In effect for comparable beachfront,
covered parking structures In Flonda resort areas
First Amended Development Agreement
ADOPTED
Page 17
4 South Gulf view and Beach Walk and Garaqe Access
Improvements The Developer shall be responsible for the design
and construction of the South Gulfview and Beach Walk and
Garage Access Improvements
5 Cost of South Gultvlew and Beach Walk and Garaoe Access
Improvements The Developer shall be responsible for funding the
total cost of the South Gulf view and Beach Walk and Garage
Access Improvements, subject only to the follOWing'
a In the event that Impact fee credits are available to the
Developer, such credits shall be credIted to the Developer
against the cost of the South Gultvlew and Beach Walk
Improvements,
b The Developer shall be responsible for a pro rata share of
the cost of the South Gultvlew and Beach Walk
Improvements which shall be equal to the net cost of the
South Gultvlew and Beach Walk Improvements multiplied by
a fraction In which the front footage of the Project Site ]S the
numerator and the total frontage along South Gultvlew and
Beach Walk Improvements IS the denominator
SPA = (F PRoJF SGBW) x (CSGBW)
SPA = Pro Rata Share
FpROJ = Frontage of Project Site
FSGBW = Total Frontage along South Gultvlew
and Beach Walk Improvements
CSGBW = Net Cost of South Gulf view and Beach
Walk Improvements
c In the event that any property which fronts on the South
Gulf view and Beach Walk Improvements is proposed for
redevelopment uSing the pool of additional resort units
established pursuant to Beach by Design, the developer of
such property shall be required to pay a pro rata share of the
cost of the South Gultvlew and Beach Walk Improvements
as a condition of development approval The pro rata share
shall be equal to the total cost of the Improvements
multiplied by a fraction In which the front footage of the
Project Site IS the numerator and the total frontage along
South Gulf vIew and Beach Walk Improvements IS the
denominator.
First Amended Development Agreement
ADOPTED
Page 18
SPR = (F PRo./F SGBW) x (CSGBW)
SPR = Pro Rata Share
FpROJ = Frontage of Project Site
FSGBW = Total Frontage along South Gulf vIew
and Beach Walk Improvements
CSGBW = Net Cost of South Gulfvlew and Beach
Walk Improvements
The pro rata share paId by any such other developer shall be
promptly applied to the outstandmg pnnclpal on any
Indebtedness Incurred to fund the South Gulfvlew and Beach
Walk Improvements
d The net operating mcome from the fifty (50) surface parking
spaces which are constructed as a part of the South
Gulf vIew and Beach Walk Improvements shall be available
to repay the Net Cost of the South Gulfvlew and Beach Walk
Improvements and the Garage Access Improvements, for a
penod of time not to exceed twenty-five (25) years.
e. The City shall make an amount available equal to fifty
percent (50%) of the net Increase In munIcipal ad valorem
and utility taxes above the ad valorem and utility taxes
generated y the Improvements eXlstmg on the Project Site
on the Effective Date of thIS Development Agreement to
repay any private Indebtedness Incurred to repay the Net
Cost of the South Gulfvlew and Beach Walk Improvements
and the Garage Access Improvements, for a penod of time
not to exceed twenty-five (25) years
f The Incremental utIlity tax, a portion of which IS to be made
available to service the debt Incurred to construct South
Gulf view and Beach Walk Improvements and the Garage
Access Improvements, shall be the Increase In utility taxes
above the amount of annual utility taxes paid by the owners
of the eXisting Improvements on the Project Site In the
twelve (12) months preceding the Effective Date of thiS
Agreement, as documented by the Developer. In the event
that the Developer falls, for any reason, to document the
annual utIlity taxes paid by the owners of the eXisting
Improvements on the Project Site In the twelve (12) months
preceding the Effective Date of thiS Agreement, the
Incremental utility tax which IS to be made available to
service the debt Incurred to construct South Gulf view and
First Amended Development Agreement
ADOPTED
Page 19
....
Beach Walk Improvements and the Garage Access
Improvements shall be the Increase In utility taxes above the
amount of annual utility taxes paid by the Developer dunng
the first year of operation of the Project, which amount shall
be proVided to the City within thirty (30) days after the end of
the first year of operation
6
FlnanclnQ of Improvements
a. In the event that the public finanCing prOVided for in
Paragraph 10 of Section 5.04 of this Development
Agreement IS, for any reason, unavailable to fund any
portion of or all of the Net Cost of the South Gulfvlew and
Beach Walk Improvements and the Garage Access
Improvements, the Developer shall prOVide the finanCing
required to fund the total cost of the Improvements.
b In the event that public finanCing IS available for all or a
portion of the Net Cost of the South Gulfview and Beach
Walk Improvements and the Garage Access Improvements,
and the Developer proVides additional financing pursuant to
this paragraph, the Developer shall be entitled, for a penod
of not more than twenty-five (25) years, to receive an annual
payment equal to fifty percent (50%) of the additional
Incremental ad valorem taxes plus the difference between
fifty percent (50%) of the Incremental utility tax generated by
the Project and the amount reqUired to service the public
debt
7 Other Improvements. The City shall have an option to require the
Developer to Include the portions of the Additional South Gulfvlew
and Beach Walk Improvements which are deSCribed In Exhibit H on
a "turn key" baSIS, proVided that the City pays all costs of such
share of the South Gulfvlew and Beach Walk Improvements,
Including reasonable developer's fees. The City'S option penod
shaH be for a term of twelve (12) months from the EffectIve Date of
thiS Agreement. If the City declines to exerCise its option and ItS
twelve (12) months option penod expires, then, upon wntten notice
to the City within thirty (30) days after the expiration of the option,
the Developer may elect to fund and construct these Improvements,
and then Include the cost of the additional Improvements In the
South Gulfvlew and Beach Walk Improvements finanCing.
8. Covenant of Unified Use The Developer hereby agrees to execute
the covenant of uOlfled use and development for the Controlled
Property proViding that the Controlled Property shall be developed
as a Single project and operated and used as a uOlfled mixed use
First Amended Development Agreement
ADOPTED
Page 20
project, which IS attached as Exhibit K; provided however, that
nothing shall preclude the Developer from selling all or a portion of
the Controlled Property In a condominium form of ownership.
-~
9. Quality and Value The Developer shall design and construct the
South Gulf view and Beach Walk Improvements descnbed In ExhibIt
H as a high quality product In keeping with Beach by Design and
the Seashell/Marnott design, subject only to a final budget which
the Parties agree IS approximately three million five hundred
thousand dollars ($3,500,00000) for the South Gulf view and Beach
Walk Improvements not including the Additional South Gulf view
Improvements to the south of the beach concession bUilding, as
depicted as Phase B In Exhibit H ("Additional South Gulf view
Improvements").
1 O. Prolect Obhoatlons. The Developer agrees to carry out the
redevelopment of the Project Site by completing the purchase of all
of the Controlled Property, prepanng project plans and
specIfications, obtaining approvals by governmental authontles
necessary for development of the ProJect, constructing vanous
pnvate Improvements on the Project Site and operating the Project
as a unified and Integrated project The Developer shall take all
actions necessary to maintain control of the Project Site, until a
certificate of occupancy IS issued by the City
~'
11 Dedication of Rloht-of-Wav Pnor to the Issuance of a bUIlding
permit, other than a foundation permit, authonzlng the construction
of the resort hotel Units, the Developer shall dedicate ten (10) feet
along the entIre eastern boundary of the Project Site, including any
land previously Included Within the nght-of-way of ThIrd Street to
the City as additional nght-of-way for Coronado Avenue
12 Commencement of Construction The Developer shall commence
construction of the Intenm Project Within twelve (12) months of the
Effective Date of thiS Agreement~'j" The Developer shall commence
construction of the Prolect bv March. 2006. unlocc tl10 City chall
have f~:lIlod to gain approval of a Community Redevolopment
Dlctnct, of which the PrOject Site IC a part, as fiHO'lldod for In
Soctlon 301 of thiS Agreemont ("Commenoomont Date"), or as
Goon thereafter ac pos&lble after tho authOrity for tho Community
Redm:olopment Dlctnc! beoomes affective and shall thereafter
diligently pursue completion of the Project.
13 Construction and Performance Completion Bond, Pnor to
commencing construction of the South Gulfvlew and Beach Walk
Improvements and the Garage Access Improvements, and, In the
First Amended Development Agreement
ADOPTED
Page 21
.- event that the City exercises Its option In regard to the Additional
South Gulf vIew and Beach Walk Improvements, the Additional
South Gulfvlew and Beach Walk Improvements, the Developer
shall provide the City With a performance bond In a form acceptable
to the City guaranteeing the completion of the South Gulf vIew and
Beach Walk Improvements and the AdditIonal South Gulf view
Improvements
14. The Developer shall construct the Interim Proiect and lease the
same to the City per terms of the Interim Prolect Lease. The
Interim Prolect shall be completed bv the Developer on or before
twelve (12) months followlnQ full approval of same bv the City The
City shall operate the Interim Prolect and shall receive all profits
and/or losses as relates to such operations The Interim Prorect
shall terminate ninety (90) days after the Developer shall provide to
City In wrltlnQ a notice of Interim Prolect termination Upon receipt
of such notice, the Intenm Prolect Lease shall be terminated
15
Developer shall Immedlatelv conclude purchase of all of the
Controlled Property and shall obtain commercial flnanclnQ at
Developer's expense and shall thereWith commence and time Iv
complete construction of the Interim Protect. DUrlnQ such process,
Developer shall prepare Interim Proiect plans and specIfIcations
and shall obtain approvals of all Qovernmental authOrities as
necessary for development of the Interim Prolect The Developer
shall take all actions necessary to maintain control of the Prolect
site dUrlnq construction of the Interim Prolect until a certificate of
completion shall have been Issued bv the City, and the Cltv shall
have taken possession of the Proiect site pursuant to the Intenm
Prolect Lease.
'-
ARTICLE 6. PROJECT FINANCING.
6.01. Notice of Project Financing to City. As soon as the Developer shall
have obtained any financing for any portion of the Project, the Developer
shall proVide the City With a sworn statement IdentifYing the Project
Lender(s) and documenting the type of finanCing that the Project
Lender(s) has Issued In favor of the Developer for the Project
6.02. Copy of Default Notice to City. The Developer covenants and agrees
that any Project Construction FinanCing documents shall Include
provIsions which proVide that In the event any Project FinanCing shall
become due and payable by maturity or acceleration, the Project Lender
shall give written notice thereof to the CIty by certified mall, return receipt
requested. Such notice from the Project Lender to the City shall state the
First Amended Development Agreement
ADOPTED
Page 22
basIs of the default by the Developer and shall include caples of any
pleadings In any proceeding instituted by the Project Lender(s) Incident
thereto
6.03. City Option to Pay Mortgage Debt or Purchase Project Following
Commencement of Construction of Proiect.
1
Asslqnment of Mortqaqe Any mortgage Instrument pertaining to
any portion of the Project Site In effect prior to Issuance of the
Construction Completion Certlflcate for such portion of the Project
Site shall provide that following a failure of the Developer to repay
any Project FinanCing which shall become due and payable by
maturity or acceleration, the City IS entltled, upon giving reasonable
written 'notice to the Developer, the Project Lender(s) and any other
holder of such a mortgage, to an assignment of the mortgage
securing the Construction FinanCing by paYing to the Project
Lender an amount of money not to exceed a sum equal to the
amount of money advanced by the Project Lender(s) to the
Developer with respect to the Project Site, together with unpaid
accrued Interest on such amount, prepayment penalties, and all
other accrued charges of the Project Lender(s) (including, without
limitation, reasonable attorneys' fees Incurred as a result of a
default by the Developer under the Project Construction FinanCing)
r
2. Entitlement to Conveyance. If prior to the Issuance of a
Construction Completion Certificate, the ownership of any part of
the Project located thereon has vested in a Project Lender(s) or any
other person by foreclosure or any other action In lieu thereof, the
City shall be entltled, at ItS election exercisable within SIxty (60)
days after the Project Lender(s) or other person obtains or receives
title to the Project Site or part of the Project Site by notice to such
Project Lender(s) or other person, to a conveyance of the Project
Site or that part of the Project for which ownership has vested In the
Project Construction Lender or other person to the City upon
payment to the Project Lender(s) or other person of an amount not
greater than the sum of (i) the larger of the money advanced by the
Project Lender(s) or other person to the Developer with respect to
that Parcel and due and oWing at the time of the foreclosure or any
other action In heu thereof or the amount paId at foreclosure, less
all appropriate credits, including those resulting from collection and
application of rentals and other Income received dUring foreclosure
proceedings; (II) all reasonable expenses of the Project Lender(s)
or other person Incurred in connection with the foreclosure of the
Parcel or part of the Project, (III) the expense, If any, Incurred by the
Project Lender(s) or other person In and as a direct result of the
subsequent management of the Project; (IV) any prepayment
First Amended Development Agreement
ADOPTED
Page 23
penalties and (v) an amount eqUivalent to the Interest that would
have accrued on the aggregate of such amount had all such
amounts become part of the money advanced by the Project
Lender (s) or other person to the Developer with respect to the
Project Site and such money advanced had continued to be due
and OWing, and less Income resulting from the management of the
Project subsequent to the termination of foreclosure proceedings or
the date that the Project Lender(s) or other person obtained title to
the Project Site by deed In lieu of foreclosure, whichever IS the
earlier
ARTICLE 7. CONSTRUCTION OF SOUTH GULFVIEW AND BEACH WALK
IMPROVEMENTS AND GARAGE ACCESS IMPROVEMENTS.
7.01. Site Work. The Developer shall be responsible for all site inVestigation,
environmental testing, demolition and site cleanng In regard to the construction of
the South Gulfvlew and Beach Walk Improvements, the Additional South
Gulfvlew and Beach Walk Improvements In the event that the City exercises ItS
option pursuant to Paragraph 505(7) 504(1) of thiS Agreement and the Garage
Access Improvements
7.02. Construction.
1 Commencement The Developer shall construct the South Gulfvlew
and Beach Walk Improvements, the Additional South Gulf view and
Beach Walk Improvements In the event that the City exercises ItS
option pursuant to Paragraph 5 05(7) 5 04 (1) of thiS Agreement,
and the Garage Access Improvements, substantially In accordance
with the Plans and Specifications therefor The Developer shall
commence construction bv March 2006 within t\\'olvo (12) months
after tho Ef:foctlvo Dato of thiS .^.groomont In accordance with
Section 505(12), unless tho City shall havo fallod to gain approval
of 3. Community Redovelopment District, of which tho ProJoct SltO IS
a part, as pro'lIdod for In Soctlon d 01 of thiS Agroomont
("Commoncomont Dato"), or as soon thoroaftor as posslblo aftor
tho authonty for tho Community Rodevolopmont Dlstnct bocomos
offoctlve and shall thoroaftor dlllgontly pursuo complotlon of the
Project
a For purposes of thiS Section 702, "commence construction"
means commencement of meaningful phYSical development
of that part of the Project as authonzed by the BUilding
Permit therefor which IS continued and diligently prosecuted
toward completion of that part of the Project
First Amended Development Agreement
ADOPTED
Page 24
b All obligations of the Developer (including deadlines In the
Commencement Date) with respect to commencement and
continuation of construction In regard to the Sought Gulf view
and Beach Walk Improvements, the Additional South
Gulf view and Beach Walk Improvements In the event that
the City exercises Its option pursuant to Paragraph 505(7)
504(1) of this Agreement and the Garage Access
Improvements, shall be subject to delays and extensions
from time to time for Unavoidable Delay (see Article 15)
The Developer shall not be deemed to be In default of this
Agreement to the extent construction of the ProJect, or a part
thereof, IS not complete by reason of Unavoidable Delay
2 PursUit of Construction After the Commencement Date, the
Developer shall continue, pursue and prosecute the construction of
the South Gulfvlew and Beach Walk Improvements, the Additional
South Gulf view and Beach Walk Improvements, In the event that
the City exercises ItS option pursuant to Paragraph 5 05(7) 5 04 (1)
of this Agreement, and the Garage Access Improvements with due
diligence to completion, and shall not at any time actually or
effectively have abandoned (or ItS Contractor having actually or
effectively abandoned) the work For purposes of this subsection
(b), "abandoned" means to have ceased any construction work
which effectively advances the construction of the work toward
completion, Including removing all or substantially all of the
construction work force from the site of the South Gulf view and
Beach Walk Improvements, the Additional South Gulfvlew and
Beach Walk Improvements, In the event that the City exercises ItS
option pursuant to Paragraph 5 05(7) 5 04 (1) of this Agreement,
and the Garage Access Improvements
3 Payment of Contractors and Suppliers The Developer shall
promptly pay, or arrange to be paid, all moneys due and legally
oWing to all persons or organizations dOing any work or furnishing
any matenals, fuel, machinery or supplies to the Developer or any
Contractors In connection with construction of any part of the South
Gulf view and Beach Walk Improvements, In the event that the City
exercises ItS option pursuant to Paragraph 505(7) 604(1) of this
Agreement, and the Garage Access Improvements
4 Maintenance of Construction Site Dunng the construction of the
South Gulf view and Beach Walk Improvements, the Additional
South Gulfvlew and Beach Walk Improvements, In the event that
the City exercises ItS option pursuant to Paragraph 505(7) 604(1)
of this Agreement, and the Garage Access Improvements, the
Developer shall, at ItS own expense, keep the site of the South
First Amended Development Agreement
ADOPTED
Page 25
,.---
Gulf view and Beach Walk Improvements, the Addltlonal South
Gulfview and Beach Walk Improvements, In the event that the City
exerCises Its option pursuant to Paragraph 505(7) 5 04(1) of this
Agreement, and the Garage Access Improvements In good and
clean order and condition, and the Developer shall promptly make
all necessary or appropnate repairs, replacements and renewals
thereof, structural or nonstructural, ordinary or extraordinary,
foreseen or unforeseen All repairs, replacements and renewals
shall be equal In quality and class to the onglnal work. When
making such repairs, replacements or renewals, the Developer
shall comply With all laws, ordinances, codes and regulations then
applicable to that part of the South Gulfvlew and Beach Walk
Improvements, the Additional South Gulf vIew and Beach Walk
Improvements, In the event that the City exercises Its optIon
pursuant to Paragraph 5.05(7} 504(1) of this Agreement, and the
Garage Access Improvements. The Developer shall have the nght,
after wntten notice to the CIty, to contest by appropnate legal
proceedings conducted in good faith, the validity or applIcability of
any such law, ordinance, code or regulation, and to delay
compliance therewith pending the prosecution of such proceeding,
provided that such contest shall be In accordance With the RIght to
Contest provIsions of Article 13
"
7.03 Construction Completion Certificate.
1 For purposes of this Section 7 03, "completion, "complete,"
"substantially complete" or "substantial completion" means, With
respect to constructIon of part of the South Gulf view and Beach
Walk Improvements, the Additional South Gulfvlew and Beach
Walk Improvements, In the event that the City exercises ItS option
pursuant to Paragraph 5,05(7) 501(1) of this Agreement, and the
Garage Access Improvements, shall be the acceptance of the
South Gulfvlew and Beach Walk Improvements, the Additional
South Gulfvlew and Beach Walk Improvements, In the event that
the City exercises Its option pursuant to Paragraph 505(7) 6.04(1)
of this Agreement, and the Garage Access Improvements by the
City
2 Upon the substantial completion of the construction of each part of
the South Gulf view and Beach Walk Improvements, the Additional
South Gulfview and Beach Walk Improvements, in the event that
the City exercises ItS option pursuant to Paragraph 505(7) 604(1)
of this Agreement, and the Garage Access Improvements In
accordance With the provIsions of the Plans and Speclflcatlons, the
Developer shall prepare and execute the Construction CompletIon
CertIficate, whIch shall then be delivered to the CIty. Upon receipt
First Amended Development Agreement
ADOPTED
Page 26
of the certlftcate, the City shall promptly and dilIgently proceed to
determine if construction of the Project has been completed
substantially In accordance with the Plans and SpecIfications and
'thiS Agreement Upon making such a determination, the City shall
execute the certIficate and return It to the Developer. The date of
the Constructlon Completion Certlftcate shall be the date when all
parties shall have executed said certificate.
3 The Construction Completion Certificate shall constitute a
conclusive determination by the parties hereto of the satisfaction
and termination of the obligations of the Developer hereunder to
construct the South Gulf view and Beach Walk Improvements, the
Addltlonal South Gulfvlew and Beach Walk Improvements, in the
event that the City exerCises ItS option pursuant to Paragraph
5 05 (7) 5 0 -1 (1 ) of th IS Ag reem ent, and the Garage Access
Improvements descnbed In the certlftcate; provided, however, that
nothing In thiS Section shall be a waiver of the nghts, dutIes,
obligations or responsibilities of the City or any other governmental
entity acting In ItS regulatory or governmental capacity or an
approval of said construction
4.
If the City shall refuse or fall to execute the Construction
Completion Certificate after receipt of a request by the Developer to
do so, then the City shall, within ten (10) days after its receipt of
such request, provide the Developer With a wntten statement
setting forth In reasonable detail the reason(s) why the City has not
executed the Construction Completion Certificate and what must be
done by the Developer to satisfy such objections so that the City
would sign the certlftcate. Upon the Developer satisfYing the City'S
obJections, then the Developer shall submit a new request to the
City for execution of the ConstructIon Completion Certlftcate and
that request shall be considered and acted upon In accordance With
the procedures In thiS Section for the onglnal request.
r
5 If the City refuses to execute the certificate and the Developer does
not agree With the objections set forth In the City's statement, then
the Developer may Invoke the arbitration procedures set forth In
Article 14 hereof for the purpose of determining If the prerequisites
for execution by all parties of the Construction Completion
Certificate have been met, and If not, what actlons must be taken to
satisfy such prerequIsites.
6 The Construction Completion Certificate shall be In a form suffiCient
to be recorded In the public records of Plnellas County, Flonda
After execution by the City, It shall be promptly returned to the
First Amended Development Agreement
ADOPTED
Page 27
.,,'
Developer who shall record the certificate in the public records of
Plnellas County, Flonda, and pay the cost of such recording.
7.04 City Not in Privity. The City shall not be deemed to be in pnvlty of contract
with any Contractor or provider of services with respect to the construction of any
part of the Project not constltutlng all or any part of public Improvements.
--
7.05 Construction Sequencing and Staging Area. The Developer shall
construct the South Gulfview and Beach Walk Improvements, the Additional
South Gulfvlew and Beach Walk Improvements, In the event that the CIty
exercises Its option pursuant to Paragraph 5 05(7) 5.04(1) of thiS Agreement, and
the Garage Access Improvements In a manner and fashion which will minimize
the inconvenience of the construction on the property owners of Clearwater
Beach and the residents of the City. Two (2) lanes of two (2) way traffiC capacity
shall be maintained between First Street and the southern end of the site of the
South Gulfvlew and Beach Walk Improvements, the Additional South Gulfvlew
and Beach Walk Improvements In the event that the City exercises ItS optIon
pursuant to Paragraph 504(1) of thiS Agreement and the Garage Access
Improvements dunng the months of March, Apnl, June, July and August and
whenever reasonably practicable dunng the rest of the year. To the extent
reasonably practicable, the Developer shall make as many of the eXisting parkIng
spaces available for publiC use dunng construction The City agrees to allow
Developer to use a portion of the area of the 'existing surface parking lot located
to the west of the Project SIte which IS deSignated by the City for construction
staging and Project office, dunng construction of the ProJect, Without charge to
the Developer, provided that such staging area and Project office does not
unreasonably affect the maintenance of traffiC provided for In thiS Paragraph.
ARTICLE 8.INDEMNIFICATON.
8.01. Indemnification by the Developer.
1 The Developer agrees to indemnify, defend and hold harmless, the
City, Its respective agents, officers, or employees from any and all
liabilities, damages, penalties, Judgments, claims, demands, costs,
losses, expenses or attorneys' fees through appellate proceedings,
for personal inJury, bodily InJUry, death or property damage anslng
out of, or by reason of any act or omISSion of the Developer, Its
agents, employees or contractors anslng out of, In connection With
or by reason of, the performance of any and all services covered by
thiS Agreement, or which are alleged to have ansen out of, In
connectlon With or by reason of, the performance of any and all
services covered by thiS Agreement, or whIch are alleged to have
ansen out of, In connection with, or by reason of, the performance
of such services
-~
First Amended Development Agreement
ADOPTED
Page 28
2 The Developer shall indemnify, defend and hold harmless the City,
Its officers and employees from any and all liabilities, damages,
costs, penalties, judgments, claims, demands, losses, or expenses
(including, but not limited to, actual attorneys' fees and englneenng
fees) anslng from or attnbutable to any breach by the Developer, as
the case may be, of any representations or warranties contained In
Section 9 01, or covenants contained In Section 9.02.
3. The Developer's Indemnity obligations under subsections (1) and
(2) of this Section shall survive the earlier of the Termination Date
or the Expiration Date, but shall apply only to occurrences, acts, or
omiSSions that anse on or before the earlier of the Termination Date
or the Expiration Date.
4. The Developer's Indemnity hereunder IS In addition to and not
limited by any Insurance poliCY and IS not and shall not be
Interpreted as an Insuring agreement between or among the parties
to thiS Agreement, nor as a waiver of sovereign Immunity for any
party entitled to assert the defense of sovereign Immunity.
8.02. Indemnification by the City.
1
To the extent permitted by law, the City agrees to indemnify, defend
and hold harmless, the Developer, ItS respective officers, and
employees from any and all liabilities, damages, penalties,
Judgments, claIms, demands, costs, losses, expenses or attorneys'
fees through appellate proceedings, for personal injury, bodily
InJUry, death or property damage arising out of, or by reason of, any
act or omiSSion of the City, ItS respective agents or employees
arising out of, In connection With or by reason of, the performance
of any and all services covered by thiS Agreement, or which are
alleged to have ansen out of, In connection With or by reason of, the
performance of any and all services covered by thiS Agreement, or
which are alleged to have arisen out of, In connection With, or by
reason of, the performance of such services
l
2 The City shall indemnify, defend and hold harmless the Developer,
ItS officers and employees from any and all liabilities, damages,
costs, penalties, judgments, claims, demands, losses, or expenses
(including, but not limited to, actual attorneys' fees and engineering
fees) arising from or attributable to any breach by the City, as the
case may be, of any representations or warranties contained In
Section 1001, or covenants contained In Section 1002
3 The City'S indemnity obligations under thIS Section 10.02 shall
survive the earlier of the Termination Date or the Expiration Date,
First Amended Development Agreement
ADOPTED
Page 29
but shall only apply to occurrences, acts or omissions that arise on
or before the earlier of the Termination Date or the Expiration Date
The City'S indemnity hereunder IS not and shall not be Interpreted
as an insunng agreement between or among the partIes to this
Agreement, but IS In addition to and not limited by any insurance
polley provided that said obligation shall not be greater than that
permitted and shall be limited by the provIsions of Section 768.28,
Flonda Statutes, or any successor statute thereto
8.03. Limitation of Indemnification. Notwithstanding anything to the contrary
contained herein, with respect to the indemnification obligations of the Developer
(as set forth In Section 801) and the City (as set forth In Section 8.02), the
following shall apply
1. The indemnifying party shall not be responsible for damages that
could have been, but were not, mitigated by the Indemnified party;
2. The indemnifYing party shall not be responsible for that portion of
any damages caused by the negligent or willful acts or omissions of
the indemnified party; and
3 There shall be no obligation to indemnify hereunder In the event
that the indemnified party (1) shall have effected a settlement of
any claim without the pnor wntten consent of the indemnifYing
party, or (2) shall not have subrogated the indemnifying party to the
indemnified party's rights against any third party by an assignment
to the Indemnifying party of any cause or action against such third
party.
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF
THE DEVELOPER.
9.01. Representations and Warranties. The Developer represents and
warrants to the City that each of the follOWing statements is currently true and
accurate and agrees the City may rely upon each of the following statements.
1 The Developer IS a Flonda Limited Liability Company duly
organized and validly eXisting under the laws of the State of Flonda,
has all requIsite power and authonty to carry on ItS business as now
conducted, to own or hold ItS properties and to enter Into and
perform Its obligations hereunder and under each document or
Instrument contemplated by this Agreement to which It IS or Will be
a party, IS qualified to do business In the State of Florida, and has
consented to service of process upon a designated agent for
service of process In the State of Flonda
First Amended Development Agreement
ADOPTED
Page 30
2 This Agreement and, to the extent such documents presently eXist
In a form accepted by the CIty and the Developer, each document
contemplated or reqUired by this Agreement to which the Developer
IS or Will be a party have been duly authorized by all necessary
action on the part of, and have been or will be duly executed and
delivered by, the Developer, and neither the execution and delivery
thereof, nor compliance with the terms and provisions thereof or
hereof' (I) requires the approval and consent of any other party,
except such as have been duly obtained or as are specifically noted
herein, (II) contravenes any eXisting law, judgment, governmental
rule, regulation or order applicable to or binding on the Developer,
(III) contravenes or results In any breach of, default under or, other
than as contemplated by thiS Agreement, results In the creation of
any lien or encumbrance upon any property of the Developer under
any Indenture, mortgage, deed of trust, bank loan or credIt
agreement, the Developer's Articles of Incorporation, or, any other
agreement or Instrument to which the Developer IS a party or by
which the Developer may be bound
3 ThiS Agreement and, to the extent such documents presently eXist
In a form accepted by the City and the Developer, each document
contemplated or reqUired by thiS Agreement to which the Developer
IS or Will be a party constitutes, or when entered Into Will constitute,
a legal, valid and binding obligation of the Developer enforceable
against the Developer In accordance With the terms thereof, except
as such enforceability may be limited by applicable bankruptcy,
Insolvency or Similar laws from tIme to tIme m eHect whIch affect
creditors' nghts generally and subject to usual eqUitable pnnclples
In the event that eqUitable remedIes are Involved.
4 There are no pending or, to the knowledge of the Developer
threatened actions or proceedings before any court or
administratIve agency against the Developer, or against any
controlling shareholder, officer, employee or agent of the Developer
which question the validity of thiS Agreement or any document
contemplated hereunder, or which are likely In any case, or In the
aggregate, to materially adversely affect the consummation of the
transactions contemplated hereunder or the finanCial condition of
the Developer
5 The Developer has filed or caused to be filed all federal, state, local
and foreign tax returns, If any, which were reqUired to be filed by
the Developer and has paid, or caused to be paid, all taxes shown
to be due and payable on such returns or on any assessments
levied agamst the Developer
First Amended Development Agreement
ADOPTED
Page 31
6 All financial information and other documentation, Including that
pertaining to the Project or the Developer, delivered by the
Developer to the City was, on the date of delivery thereof, true and
correct.
7. The pnnclpal place of business and principal executive offices of
the Developer IS In Dunedin, Flonda, and the Developer will keep
records concerning the Project (such as construction contracts,
financing documents and corporate documents) and all contracts,
licenses and similar rights relattng thereto at an office In Plnellas or
Hlllsborough Counties.
8 As of the Effective Date, the Developer WIll have the financial
capability to carry out Its obligations and responsibilities In
connection with the development of the Project as contemplated by
this Agreement.
9. The Developer has the experience, expertise, and capability to
develop, cause the construction, and complete the Project and,
oversee and manage the design, planning, construction, completion
and opening for business of the Project
9.02. Covenants. The Developer covenants with the City that until the earlier of
the Termination Date or the Expiration Date;
1 The Developer shall timely perform or cause to be performed all of
the obligations contained herein which are the responsibility of the
Developer to perform.
2 DUring each year that thiS Agreement and the obligations of the
Developer under thiS Agreement shall be In effect, the Developer
shall cause to be executed and to continue to be In effect those
Instruments, documents, certificates, permits, licenses and
approvals and shall cause to occur those events contemplated by
thiS Agreement that are applicable to, and that are the responsibility
of, the Developer.
3 The Developer shall assist and cooperate With the City to
accomplish the development of the Project by the Developer In
accordance with the Plan and SpecificatIons, and thiS Agreement,
and Will not Violate any laws, ordinances, rules, regulations, orders,
contracts or agreements that are or Will be applicable thereto.
4 Subsequent to the Effective Date, the Developer shall maintain ItS
financial capability to develop, construct and complete the Project
and shall promptly notify the City of any event, condition,
First Amended Development Agreement
ADOPTED
Page 32
occurrence, or change In Its financial conditIon which adversely
affects, or with the passage of time IS likely to adversely affect, the
Developer's fmanclal capability to successfully and completely
develop, construct and complete the Project as contemplated
hereby
5. The Developer shall promptly cause to be filed when due all
federal, state, local and foreIgn tax returns reqUired to be filed by It,
and shall promptly pay when due any tax reqUired thereby.
6. Subject to Section 18.01, the Developer shall maintain Its
existence, will not dissolve or substantially dissolve all of Its assets
and will not consolidate With or merge into another corporation,
limited partnership, or other entity or permit one or more other
corporations or other entity to consolidate with or merge Into It
Without the prior approval of the City unless the Developer retains a
controlling Interest In the consolidated or merged corporation, and
Will promptly notify the City of any changes to the eXistence or form
of the corporation or any change In the controlling shareholders,
officers or directors of the Developer.
7. Other than sales and assignments contemplated by thiS
Agreement, the Developer shall not sell, lease, transfer or
otherwise dispose of all or substantIally all Its assets WIthout
adequate consIderation and will otherwise take no action which
shall have the effect, singularly or In the aggregate, of rendenng the
Developer unable to contInue to observe and perform the
covenants, agreements, and conditions hereof and the
performance of all other obligations reqUired by thiS Agreement.
8 Except for the removal of any structures, plants, Items or other
thmgs from the Project Site necessary for construction of the
Project to commence and continue, the Developer shall not permit,
commit, or suffer any waste or Impairment of the Project or the
Project Site prior to the Completion Date
9 ProVided all conditions precedent thereto have been satisfied or
waived as provided herein, the Developer shall acqUire the
Controlled Property as provided In Article 5 hereof and shall pay the
Purchase Price, as the case may be, when due and payable as
proVided therein,
10 Provided all conditions precedent thereto have been satisfied or
waived as provided herein, the Developer shall deSign, construct
and complete the Project such that It IS substantially complete as
First Amended Development Agreement
ADOPTED
Page 33
provided In this Agreement no later than the Project Completion
Date.
ARTICLE 10.
REPRESENTATIONS, WARRANTIES AND COVENANTS
OFTHE CITY.
10.01. Representations and Warranties. The City represents and warrants to
the Developer that each of the follOWing statements IS currently true and accurate
and agrees that the Developer may rely on each of the foHowlng statements'
1 The City IS a validly eXisting body corporate and politiC of the State
of Flonda, has all requIsite corporate power and authonty to carry
on Its business as now conducted and to perform Its obligations
hereunder and under each document or Instrument contemplated
by thiS Agreement to which It IS or Will be a party
2. ThIS Agreement and, to the extent such documents presently eXIst
In a form accepted by the CIty and the Developer, each document
contemplated or required by thiS Agreement to which the City IS or
will be a party have been duly authorized by all necessary action on
the part of, and have been or Will be duly executed and delivered
by, the City, and neither the execution and delivery thereof, nor
compliance with the terms and provISions thereof or hereof (I)
requires the approval and consent of any other party, except such
as have been duly obtained or as are speCifically noted herein, (II)
contravenes any eXisting law, Judgment, governmental rule,
regulation or order applicable to or binding on the City, (III)
contravenes or results In any breach of, or default under or, other
than as contemplated by thiS Agreement, results In the creation of
any lien or encumbrance upon any property of the City under any
Indenture, mortgage, deed of trust, bank loan or credit agreement,
applicable ordinances, resolutions or, on the date of thiS
Agreement, any other agreement or Instrument to which the City IS
a party, speCifically including any covenants of any bonds, notes, or
other forms of Indebtedness of the City outstanding on the Effective
Date.
3. ThiS Agreement and, to the extent such documents presently eXist
In a form accepted by the City and the Developer, each document
contemplated or reqUired by thiS Agreement to which the City IS or
Will be a party constttute, or when entered Into Will constitute, legal,
valid and binding obligations of the City enforceable against the
City In accordance with the terms thereof, except as such
enforceability may be limited by public policy or applicable
bankruptcy, Insolvency or Similar laws from time to time in effect
which affect creditors' rights generally and subject to usual
First Amended Development Agreement
ADOPTED
Page 34
eqUitable pnnclples In the event that eqUitable remedIes are
Involved.
10.02. Covenants. The City covenants with the Developer that until the earlier of
the Termination Date or the EXpiratIon Date.
1 The City shall timely perform, or cause to be performed, all of the
obligations contained herein which are the responsibility of the City to
perform
2 DUring each year that this Agreement and the obligations of the
City under this Agreement shall be In effect, the CIty shall cause to
be executed and to continue to be In effect those Instruments,
documents, certIficates, permits, licenses and approvals, and shall
cause to occur those events contemplated by this Agree~ent that
are applicable to and are the responsibility of the City
3. The City shall assIst and cooperate with the Developer to
accomplish the development of the Project In accordance with this
Agreement and the Plans and SpecIfications, will carry out ItS
duties and responsibilities contemplated by this Agreement, and will
not violate any laws, ordinances, rules, regulations, orders,
contracts, or agreements that are or will be applicable thereto, and,
to the extent permitted by law, the City wIll not enact or adopt or
urge or encourage the adoption of any ordinances, resolutions,
rules regulations or orders or approve or enter Into any contracts or
agreements, including Issuing any bonds, notes, or other forms of
Indebtedness, that will result In any provIsion of this Agreement to
be in violation thereof
4 Except for the demolition of eXisting structures on the Project SIte
and the removal of objects from the Project Site as contemplated
by thiS Agreement, the City shall not permit, commit, or suffer any
waste or Impairment to the Project Site, nor shall the City request or
recommend any rezoning of the Project Site, or any part thereof,
which will prevent or adversely affect the development of the
ProJect.
5 The City shall maintain ItS financial capability to carry out ItS
responsibilities as contemplated by thIS Agreement and shall notify
the Developer of any event, condition, occurrence, or change In ItS
financial condition which adversely affects, or with the passage of
time IS likely to adversely affect, the City's financial capability to
carry out Its responsibilities contemplated hereby
ARTICLE 11. CONDITIONS PRECEDENT.
First Amended Development Agreement
ADOPTED
Page 35
11.01. The Developer Acquiring Project Site. Unless this Agreement has been
terminated pursuant to ArtIcle 12 hereof, the obligation of the Developer to
acquire the Project Site IS subject to the fulfillment to the satisfaction of, or waiver
In writing by, the Developer of each of the follOWing conditions precedent:
1 The Developer shall have received eVidence satisfactory to the
Developer that the Project Site permits the uses contemplated In
this Agreement.
2 The Plans and SpecIfications as are reqUired for Issuance of the
BUilding Permit reqUired to commence construction of the Intenm
Project shall have been approved by the City In accordance With
applicable ordInances, land use regulations, bUilding codes and
other regulations of the City.
3. The Developer shall have obtained commitments from the Interim
Project Construction Lender 3S provldod In Artlclo 6 !:loroof
4. The City and Developer shall have executed the Interim Protect
Lease Tho City shall have CIOE:od and vac3tod any stroots, alloys
or othor public nghts of way as may bo nOCO&S31)' for the
construction 3nd usa of tho Project SltO according to the PI::m 3.nd
Spoclflcatlont, this ^grOl~ment 3nd approved by resolution tho
abandonment of all such rlghtc of way In favor of tho Dovoloper,
provided howover that tho abandonmont 'NIIl not be offoctl'/O unless
and until tho Construction Financing Commitment IS obtalnod from
tho Devolopor as roqUlrod by Artlclo 6 horeln
5. All Permits and the BUilding Permit necessary for construction of
the Project to commence shall have been Issued
11.02. Construction of Project. Subject to termination of this Agreement
pursuant to Article 12, the obligation of the Developer to commence construction
of the Project on the Commencement Date IS subject to the fulfillment to the
satisfaction of, or waiver In writing by, the Developer of the follOWing conditions:
1 The Plans and Specifications that are necessary to commence
construction shall have been approved by the City, and the Initial
BUilding Permit for the commencement of construction of that part
of the Project and all other Permits necessary for construction to
commence have been Issued
2 The vacation of nghts-of-way as provided In Section 5 04(1) hereof.
,---
First Amended Development Agreement
ADOPTED
Page 36
11.03. Responsibilities of the Parties for Conditions Precedent. The parties
hereto shall not, individually or collectlvely, knowingly, intentionally or negligently
prevent any condition precedent from occurnng, provided, however, nothing In
this Section IS Intended or shall be deemed to deny any party the nght to
reasonably exercise Its discretion to the extent permitted by law or this
Agreement
ARTICLE 12. DEFAULT; TERMINATION.
12.01. Project Default by the Developer.
1. There shall be an "event of default" by the Developer pertaining to
the entlre Project upon the occurrence of anyone or more of the following'
a The Developer shall fall to perform or comply with any
matenal provIsion of this Agreement applicable to It within
the time prescribed therefor, after receipt of a notice from the
City pursuant to Paragraph 12 02(2)(a), or
b. The Developer shall make a general assignment for the
benefit of Its creditors, or shall admit In writing ItS inability to
pay ItS debts as they become due or shall file a petition In
bankruptcy, or shall be adjudicated a bankrupt or Insolvent,
or shall file a petition seeking any reorganization,
arrangement, composition, readjustment, liqUidation,
disSolution or similar rehef under any present or future
statute, law or regulation or shall file an answer admitting, or
shall fall reasonably to contest, the matenal allegations of a
petition filed against It In any such proceeding, or shall seek
or consent to or acqUiesce In the appointment of any trustee,
receiver or liqUidator of the Developer or any matenal part of
such entity's properties; or
C. Within sixty (60) days after the commencement of any
proceeding by or against the Developer seeking any
reo rgan Izallon, a rrangement, com position, readJustment,
liquidation, diSsolution or similar relief under any present or
future statute, law or regulation, such proceeding shall not
have been dismissed or otherwise terminated, or if, Within
sixty (60) days after the appointment Without the consent or
acqUiescence of the Developer of any trustee, receiver or
liquidator of any of such entities or of any material part of
any of such entity's properties, such appointment shall not
have been vacated, or
2.
First Amended Development Agreement
ADOPTED
Page 37
a. If an event of default by the Developer descnbed in
subsectIon (1) above shall occur, the City shall provide
wntten notice thereof to the Developer, and, If such event of
default shall not be cured by the Developer within thirty (30)
days after receipt of the wntten notice from the City
specifYing In reasonable detail the event of default by the
Developer, or If such event of default IS of such nature that It
cannot be completely cured Within such time penod, then If
the Developer shall not have commenced to cure such
default Within such thirty (30) day penod and shall not
diligently prosecute such cure to completion Within such
reasonable longer period of time as may be necessary
(provided, however, If the Developer IS proceeding diligently
and In good faith, the curative penod shall be extended for a
period of not exceeding SIX (6) months Without any approval
or consent of the City being reqUired, but such approval Will
be required If the curative period IS to be extended beyond
SIX (6) months (after the notice of default has been given by
the City to the Developer and such extended curative penod
may be ended by the City electing to do so upon any Project
lender finding the Developer to be In default of any Project
FinanCing and the curative penod therefor has expIred
without such event of default being cured) then, In additIon to
any remedy avaIlable under Section 12.05, the City may
terminate thiS Agreement or pursue any and all legal or
eqUitable remedies to which the City IS entitled, provided,
however, If the Developer shall fall to cure such event of
default Within saId thirty (30) day or longer penod or ceases
to proceed diligently to timely cure such event of default,
then the CIty may proceed to enforce other available
remedIes Without providing any additional notice to the
Developer
b Any attempt by the City to pursue any of the above
referenced remedies Will not be deemed an exclUSive
election of remedy or waiver of the City'S right to pursue any
other remedy to which either may be entitled.
c. Any time penods or deadlines provided In this Agreement
shall be tolled or extended by the amount of time to cure any
event of default hereunder If such event affects the
Developer's or City'S ability to periorm by such deadline or
the explratlon of such period
First Amended Development Agreement
ADOPTED
Page 38
3 Subject to the nghts of the Project Lender, If the City elects under
Section 603 to cure a default under Subsection 12.01 (1) by the
Developer, construction contracts, contract documents, bUilding
permits, development permits, management agreements, and
financial commitments (all only to the extent assignable) with
respect to the Project shall, If such default has not been previously
cured, on the day follOWing receipt by the Developer of notice from
the City of ItS election to cure under Section 6.03, be deemed then
assIgned to the City making said election, without necessity of any
other action being taken or not taken by any party hereto. The
Developer shall transfer and deliver to the City upon making said
electlon, all aSSIgnable Plans and Specifications, working drawings,
constructlon contracts, contract documents, finanCial commitments,
management agreements, and all Permits, and, at the direction of
the City, the defaulting the Developer shall vacate the Parcel(s)
4. Notwithstanding any provIsion of thiS Section, a default by the
Developer shall not affect the tItle of any condominium Unit or
common area conveyed by the Developer to an unrelated thIrd
party or to a condominium association which IS not controlled by the
Developer.
12.02. Default by the City.
1 ProVided the Developer is not then In default under Section 12 01 ,
there shall be an "event of default" by the City under thiS
Agreement In the event the City shall fall to perform or comply WIth
any matenal provIsion of thiS Agreement applicable to It; provided,
however, that suspension of or delay In performance by the City
dunng any penod In which the Developer is In default of thiS
Agreement as provided In Section 12.01 hereof Will not constitute
and event of default by the City under thiS Subsection 12 02.
2.
a
If an event of default by the City descnbed In 1202(1) shall
occur, the Developer shall provide wntten notice thereof to
the City, and, after expiration of the curative penod
descnbed In paragraph (b) below, may terminate thiS
Agreement, institute an action to compel specific
performance of the terms hereof by the City or pursue any
and all legal or eqUitable remedies to which the Developer is
entitled; proVided, however, If the event of default by the City
occurs, any monetary recovery by the Developer In any such
actlon shall be limited to bona fide third-party out-of-pocket
costs and expenses, including reasonable attorneys' fees,
Incurred by the Developer In connectlon WIth thiS Agreement
and the transactions contemplated hereby, unless any such
First Amended Development Agreement
ADOPTED
Page 39
,
. ,
default by the City was willful and committed in bad faith wIth
reckless disregard for the nghts of the Developer
c Any attempt by the Developer to pursue any of the remedies
referred to In paragraphs (a) and (b) above will not be
deemed an exclusive election of remedy or waiver of the
Developer's nght to pursue any other remedy to which It
mIght be entitled.
d Any time penods or deadlines provided in this Agreement
shall be tolled or extended by the amount of time to cure any
event of default hereunder If such event affects the
Developer's or CIty's ability to perform by such deadline or
the expiration of such penod
12.03. Obligations, Rights and Remedies Cumulative. Unless specifically
stated herein to the contrary, the specified nghts and remedies to which either
the City or the Developer are entitled under this Agreement are not exclUSive and
are Intended to be In addlllon to any other remedies or means of redress to which
the City or the Developer may lawfully be entitled and are not specifically
prohibited by thIs Agreement. The suspension of, or delay in, the performance of
Its obligatIons by the Developer while the CIty shall at such time be In default of
their obligations hereunder shall not be deemed to be an "event of default." The
suspension of, or delay In, the performance of the obligations by the City while
the Developer shall at such time be In default of ItS obligations hereunder shall
not be deemed to be an "event of default" by the City
12.04. Non-Action on Failure to Observe Provisions of this Agreement. The
faIlure of the City or the Developer to promptly or continually InSist upon stnct
performance of any term, covenant, condition or provision of thiS Agreement, or
any Exhibit hereto, or any other agreement, instrument or document of whatever
form or nature contemplated hereby shall not be deemed a waiver of any nght or
remedy that the CIty or the Developer may have, and shall not be deemed a
waiver of a subsequent default or nonperformance of such term, covenant,
condition or proVIsion
12.05. Termination.
1 The Developer and the City acknowledge and agree that as of the
Effective Date certain matters mutually agreed by the parties hereto
to be essential to the successful development of the Project have
not been satisfied or are subject to certain conditions, legal
reqUIrements or approvals beyond the control of any of the parties
hereto or whIch cannot be definitely resolved under thiS Agreement,
First Amended Development Agreement
ADOPTED
Page 40
Including, but not limited to, failure of a governmental authonty to
grant an approval required for development of the Project or
Insurable title to the Project Site has not been obtained In
recognition of these events or conditions, the parties hereto
mutually agree that, provided the appropnate or responsible party
therefor diligently and In good faith seeks to the fullest extent of Its
capabilitIes to cause such event or condition to occur or be
satisfIed, the failure of the events or conditions listed In subsection
(2) below to occur or be satisfied shall not constitute an event of
default by any party under thiS Article 12, but may, upon the
election of any party hereto, be the basis for a termination of thiS
Agreement In accordance with thiS Section
2 In addition to any other nghts of termination provided elsewhere In
thiS Agreement, thiS Agreement may be terminated as provided In
subsection (3) of thiS section by the CIty or the Developer after the
occurrence of any of the following events or conditions (except for
subsection (b), In which event only the Developer may terminate
thiS Agreement pursuant to thiS subsection (2)).
a The appropnate governmental authority (including the City In
exercise of Its governmental and regulatory authority and
responsibility), upon petition by the Developer denies or falls
to. Issue the necessary order or other action necessary,
vacate rlght-of~way as described In Section 5.03, Issue the
Permits, Issue the BUilding Permits, or approve any other
land use necessary to commence construction of the Project
on the Project Site, provIded the Developer has proceeded
diligently, expeditiously and In good faith to obtain such
approval, permits or other necessary actIons,
b A previously unknown site condition IS subsequently
discovered and that condition prevents successful
development of the ProJect, or part of the Project on the
Project SIte, or part of the Project Site (In which case only
the Developer at his option can terminate the Project as not
feasible).
3. Upon the occurrence of an event descnbed In subsection (2) or In
the event that the Developer or the City, after diligently and In good
faith to the fullest extent ItS capabIlIties, IS unable to cause a
condition precedent to ItS respective obligations to occur or be
satisfied 1 then the Developer or the City may elect to terminate
thiS Agreement by giving a notice to the other party hereto within
thirty (30) days of the occurrence of such event or the
determination of Inability to cause a condition precedent to occur or
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J,
be satisfied, stating Its election to termInate this Agreement as a
result thereof, In which case this Agreement shall then terminate.
4 In the event of a termination pursuant to this Section 12.05, neither
the Developer nor the City shall be obligated or liable one to the
other In any way, financially or otherwise, for any claim or matter
arising from or as a result of thiS Agreement or any actions taken by
the Developer and the City, or any of them, hereunder or
contemplated hereby, and each party shall be responsible for Its
own costs, however, the prOVIsions of Sections 9 01 and 10.01
shall apply and shall survive termination of thiS Agreement, the
provisions of this Subsection 1205(4) to the contrary
notwithstanding.
12.06. Termination Certificate.
1. In the event of a termination of thiS Agreement for any reason prior
to the Expiration Date, each of the parties hereto do covenant and
agree with each other to promptly execute a certificate prepared by
the party electing to terminate thiS Agreement, which certificate
shall expressly state that thiS Agreement has been terminated In
accordance with Its terms, IS no longer of any force and effect
except for those provIsions hereof which expressly survive
termination, that the rights, duties and obligations of the parties
hereto have been terminated and released (subject to those
surviving prOVISions hereof) and that the Project Site IS no longer
subject to any restrictions, limitations or encumbrances imposed by
thiS Agreement.
2 The certificate described In Subsection (1) shall be prepared In a
form SUitable for recording and promptly after execution by all of the
parties hereto shall be recorded In the publIC records of Plnellas
County, Flonda
ARTICLE 13. RIGHT TO CONTEST.
13.01. Right to Contest. Subject to the conditions set forth In Section 13 02
below, the City or the Developer each may, at Its sole discretion and
expense, after prior written notice to the other parties hereto, contest by
appropnate action or proceeding conducted In good faith and WIth due
diligence, the amount or validity or application, in whole or In part, of any
hen, any payment of any taxes, assessments, Impact fees or other publiC
charges of a Similar nature that may from time to time be leVied upon or
assessed by any appropnate governmental authOrity against the
Developer, the Project (or any part thereof), the Project Site, furniture,
fixtures, equipment or other personal property thereon, and the revenues
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generated from the use or operation of any or all of the above, any other
payment specifically Identified In this Agreement, or compliance with any
law, rule, regulatIon, or other such legal reqUirement
13.02. Conditions. The nght to contest any charge, payment or requirement
pursuant to Section 13.01 IS subject to the following
1 . Such proceeding shall suspend the execution or enforcement of
such charge, payment or reqUirement,
2 Such proceeding will not create any nsk of Impairment of the
acquIsition or preparation of the Project Site, the construction,
completion, operation or use of the Project, the Project Site, or any
part thereof, In any matenal respect, and neither the Project or
Project Site, nor any part of the Project or the Project Site, would be
subject to any nsk of being Involuntanly sold, forfeited or lost or the
acquISition of the Project Site or the construction, eqUipping, or
completion of the Project or any part thereof be delayed or
prohibited;
3 Such proceeding Will not subject any other party to cnmlnalllablhty
or nsk of matenal cIvil liability for failure to comply therewith, or
Involve nsk of any matenal claim against such party, and
4 The party seeking the benefit of this Article shall have furnished to
the other parties such security, If any, as may be reqUired m such
proceeding or as may be reasonably requested by the others, to
protect the Project and the Project Site, and any part thereof, and
any Interest of such parties hereunder
ARTICLE 14. ARBITRATION
14.01. Agreement to Arbitrate. Only as specifically provided In thiS Agreement
and only if any JudiCial or admmlstratlve actIOn or proceedmg has not been
commenced With regard to the same matter and, if so, the party hereto
commencing such action has not dismissed It, any disagreement or
dispute between the parties may be arbitrated In the manner set forth In
thiS Article 14. All parties hereby agree such arbitration, once commenced,
shall be the exclUSive procedure for resolvmg such disagreement or
dispute and agree to be bound by the result of any such arbitration
proceedmg unless all parties mutually agree to terminate such proceeding
pnor to deCISion If any arbitration proceedmg under thiS part adversely
affects the performance of any party hereunder, then any time penods
provIded herein for such performance by that party shall be tolled dunng
the pendency of the arbitratIon proceeding affecting such performance.
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14.02. Appointment of Arbitrators.
1
a
2
Unless accelerated arbitration as provided In Section 14 08
hereof IS Invoked, any party Invoking arbitration herewith
shall, within five (5) days after giving notice of Impasse In the
dispute resolution process or upon following the eXpiration of
the time penod for such dispute resolution occurrence of the
event permitting arbitration to be Invoked, give wntten notice
to that effect to the other parties, and shall In such notice
appoint a disinterested person who IS on the list of qualified
arbitrators maintained by the Amencan Arbitration
Association or a disinterested person not on such list to
whom an objection IS not made by any other party hereto
within five (5) days of receipt of the notice of such
appointment as the arbitrator or, If more than one (1)
arbitrator IS to be appointed, as one of the arbitrators
b Within ten (10) days after receipt of the notice descnbed In
paragraph (1), the other parties shall by wntten notice to the
onglnal party acknowledge that arbitration has been Invoked
as permitted by this Agreement, and shall either accept and
approve the appointment of such individual set forth In the
onglnal notice as a sole arbitrator or shall appoint one (1)
disinterested person per party of recognized competence In
such field as an arbitrator
a
If two (2) arbitrators are appointed pursuant to subsection (a)
above, the arbitrators thus appointed shall appoint a third
disinterested person who IS on the list of qualified arbitrators
maintained by the Amencan Arbitration Association, and
such three (3) arbitrators shall as promptly as possible
determine such matter
b If the second arbitrator shall not have been appointed as
provided In subsection (a), the first arbitrator shall, after ten
(10) days notice to the parties, proceed to determine such
matter
c If the two (2) arbitrators appointed by the parties pursuant to
subsection (a) shall be unable to agree Within fifteen (15)
days after the appointment of the second arbitrator upon the
appointment of a third arbitrator, they shall give wntten
notice of such failure to agree to the parties, and, If the
parties then fall to agree upon the selection of such third
arbitrator Within fifteen (15) days thereafter, then Within ten
(10) days thereafter each of the parties upon wntten notice
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to the other parties hereto may request the appointment of a
third arbitrator by the office In or for the State of Flonda (or If
more than one office, the office located closest to the City) of
the Amencan Arbitration Association (or any successor
organization thereto), or, In ItS absence, refusal, failure or
Inability to act, request such appointment of such arbitrator
by the United States Dlstnct Court for the Middle Dlstnct of
Flonda (which request shall be filed In the divIsion of that
court responsible for the geographic area including the City),
or as otherwise provided In Chapter 682, Flonda Statutes,
known and referred to as the Flonda Arbitration Act, as
amended
14.03. General Procedures. In any arbitration proceeding under thiS part, those
parties appointing arbitrators shall each be fully entitled to present eVidence and
argument to the sole arbitrator or panel of arbitrators. The arbitrator or panel of
arbitrators shall only Interpret and apply the terms of thiS Agreement and may not
change any such terms, or depnve any party to thiS Agreement of any nght or
remedy expressed or Implied In thiS Agreement, or award any damages or other
compensation to any party hereto The arbitration proceedings shall follow the
rules and procedures of the Amencan Arbitration ASSOCiation (or any successor
organization thereto) unless specifically modified by thiS Agreement, or as then
agreed to by the parties hereto
14.04. MajOrity Rule. In any arbitration proceeding under thiS part, the
determination of the majonty of the panel of arbitrators, or of the sole arbitrator If
only one (1) arbitrator IS used, shall be conclusive upon the parties and judgment
upon the same may be entered In any court haVing junsdlctlon thereof. The
arbitrator or panel of arbitrators shall give wntten notice to the parties stating hiS
or their determination within thirty (30) days after the conclusion of the heanng or
final submission of all eVidence or argument
14.05. Replacement of Arbitrator. In the event of the failure, refusal or inability
of any arbitrator to serve as such, promptly upon such determination being made
by the affected arbitrator, the affected arbitrator shall give notice to the other two
(2) arbitrators (If applicable) and to the parties hereto, and then a new arbitrator
shall be promptly appointed as a replacement, which appointment shall be made
by the party or the arbitrators who appointed the affected arbitrator In the same
manner as prOVided for In the onglnal appointment of the affected arbitrator In
Section 14 02 hereof
14.06. Decision of Arbitrators.
1 If any deCISion reached by arbitration as prOVided In thiS part
requires performance by the Developer, the Developer covenants
and agrees to comply with any decIsion of the arbltrator(s) promptly
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after the date of receipt by the Developer of such decision, and to
continue such performance to completion with due diligence and In
good faIth
2. If any such decIsion reqUires performance by the City, the CIty
covenants and agrees to comply promptly with any decIsion
reached by arbitrators) promptly after the date of receipt by the City
of such decIsion, and to continue such performance to completIon
with due diligence and In good faith.
3. Nothing in thiS part, nor In any arbitration decision rendered under
thiS part, shall be construed to reqUire any payment by the CIty to
the Developer not otherwise provIded for herem.
14.07. Expense of Arbitration. The expenses of any arbitration proceeding
pursuant to thiS part shall be borne equally by the parties to such proceeding,
provIded, however, for the purpose of thIS Section 1407, "expenses" shall
Include the fees and expenses of the arbItrators and the Amencan Arbitration
Association with respect to such proceeding, but shall not Include attorneys' fees
or expert witness fees, or any costs Incurred by attorneys or expert Witnesses,
unless (and to the extent) agreed to by the partIes to such proceeding, which In
the absence of such Agreement shall be the responsIbIlity of the party incurring
such fees or costs.
14.08. Accelerated Arbitration.
1
a
If any of the parties to any arbitration proceeding under thIS
part determines the matter for arbitratIon should be decided
on an expedited basIs, then after an Initial election to Invoke
arbItration pursuant to Section 14 02 hereof has been made,
either party to such proceeding may Invoke accelerated
arbitration by giving notice thereof to the other parties no
later than three (3) days after arbitration has been Inltlally
Invoked and the other parties do not object Within three (3)
days thereafter
b Accelerated arbItration, for purposes of thiS Section 14 08,
shall be accomplished by either party notifYing the Amencan
ArbitratIon Assoclatlon (or any successor organization
thereto) that the parties have agreed to a single arbitrator,
qualified to decide the matter for arbltratlon, to be appointed
by the Amencan Arbitration Association (or any successor
organization thereto) With the consent of the partIes to such
proceeding Within three (3) days after receipt of the request
and to decide such matter Within five (5) days after such
appointment.
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c. If an arbitrator IS not so appointed with consent of the parties
to the proceeding within three (3) days after the notice
referred to In paragraph (2) IS received by the Amencan
ArbitratIon Association, the accelerated proceeding under
this Section 14 08 shall terminate and the procedures
otherwise set forth in this ArtIcle 14 shall apply, unless the
parties mutually agree to an extension of such time penod
2 The Developer and the City hereby agree to use such accelerated
procedure only when reasonably necessary, to not contest the
appointment of the arbitrator or his or her deCISion except as may
be permitted by law, and that all other provIsIons of this part, except
as are In conflict with this SectIon 14.08, remain In effect and
applicable to an accelerated arbltratlon proceeding
14.09. Applicable law. To the extent not inconsistent with this article, any
arbitration proceeding under this article shall be governed by the
provIsions of Chapter 682, Flonda Statutes, as amended, known and
referred to as the Flonda Arbitration Code
14.10. Arbitration Proceedings and Records. Any arbitration heanng under
this article shall be considered a meeting subject to Section 286011,
Flonda Statutes, and shall be open to any member of the public. Unless
otheJ\oVlse rendered confidential pursuant to or by the operation of any
applicable law or order (other than an order by a sole arbitrator or a panel
of arbitrators acting under this part), the record of such proceedings shall
be a public record under Chapter 119, Flonda Statutes
ARTICLE 15. UNAVOIDABLE DELAY.
15.01. Unavoidable Delay.
1 Any delay In performance of or Inability to perform any obligation
under this Agreement (other than an obligation to pay money) due
to any event or conditIon descnbed In paragraph (b) as an event of
"UnavOIdable Delay" shall be excused In the manner prOVided In
th IS Section 15 01
2. "UnavoIdable Delay" means any of the follOWing events or
conditions or any combination thereof. acts of God, IItlgatlon which
has the effect of precluding reasonable satIsfaction of the
obligations of this Agreement, acts of the publiC enemy, not,
InsurrectIon, war, pestilence, archaeological excavations reqUired
by lay, unavailability of materials after tlmely ordenng of same,
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epidemiCS, quarantine restrictions, freight embargoes, fire,
lightning, hurncanes, earthquakes, tornadoes, floods, extremely
abnormal and excessively Inclement weather (as indicated by the
records of the local weather bureau for a five-year period preceding
the Effective Date), stnkes or labor disturbances, delays due to
proceedings under Chapters 73 and 74, Florida Statutes,
restoration In connectlon with any of the foregoing or any other
cause beyond the reasonable control of the party performing the
obligation In question, including, without limitation, such causes as
may anse from the act of the other party to this Agreement, or acts
of any governmental authonty (except that acts of the City shall not
constitute an Unavoidable Delay with respect to performance by the
City).
3. An application by any party hereto (referred to In this paragraph (c)
and In paragraph (d) as the "Applicant") for an extension of time
pursuant to this subsection must be In writing, must set forth In
detaIl the reasons and causes of delay, and must be fIled with the
other party to this Agreement within seven (7) days follOWing the
occurrence of the event or condItion causing the UnaVOidable Delay
or seven (7) days follOWing the Applicant becoming aware (or With
the exercise of reasonable diligence should have become aware) of
such occurrence
4. The Applicant shall be entitled to an extension of time for an
UnaVOidable Delay only for the number of days of delay due solely
to the occurrence of the event or condition causing such
UnaVOidable Delay and only to the extent that any such occurrence
actually delays that party from proceeding With ItS rights, duties and
oblIgations under thIS Agreement affected by such occurrence.
ARTICLE 16. RESTRICTIONS ON USE.
16.01. Project. Prior to the earlier of the Termination Date or the Expiration Date,
no use of the ProJect, other than as deSCribed In Section 2.03, shall be
permItted, other than the operation of Improvements eXisting on the
EffectIve Date until those Improvements are demolished, unless and until
the Developer or the person, If other than the Developer, Intending to so
use the Project or Project Site, shall file With the CIty a request for a
release from the restriction Imposed by thIS Section The Governing Body
of the City shall promptly consider such request and either deny the
request, approve the request as flIed, or approve the request subject to
such terms, conditions and limitations as the City may reasonably reqUire
Unless speCifically requested and approved, a release of the restriction
Imposed by thiS Section shall not release the Developer from any
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obligations or restnctlons Imposed by this Agreement or any agreement,
Instrument or document contemplated hereby.
ARTICLE 17. FIRE OR OTHER CASUALTY; CONDEMNATION.
17.01. loss or Damage to Project.
1 Until the Project Completion Date, and without regard to the extent
or availability of any Insurance proceeds, the Developer covenants
and agrees to diligently commence and complete the reconstruction
or repair of any loss or damage caused by fire or other casualty or
by eminent domain (provided the City IS not the condemning
authority) to each and every part of the Project on a Parcel which It
owns to substantially the same Size, floor area, cubiC content and
general appearance as eXisted pnor to the occurrence of such loss
or damage, promptly after the City approves the Plans and
Specifications for such reconstruction or repairs
2. The City shall review the Plans and Specifications for such
reconstruction or repairs as soon as possible after filing thereof by
the Developer. The City agrees to approve the Plans and
Specifications for such reconstruction or repairs If the
reconstruction or repairs contemplated by such Plans and
Specifications Will restore the ProJect, or the damaged portion
thereof, to substantially the same condition as eXisted pnor to the
occurrence of such loss or damage and If such Plans and
Specifications conform to the applicable laws, ordinances, codes,
and regulations In effect at the tIme of filing With the City of the
plans and speclfrcatlons for such reconstruction or repairs
17.02. Partial Loss or Damage to Project. Until the Project Completion Date,
any loss or damage by frre or other casualty or exercise of eminent domain to the
Project or Project Site, or any portion thereof, which does not render the Project
or Project Site unusable for the use contemplated by Section 203 of thiS
Agreement, shall not operate to terminate thiS Agreement or to relieve or
discharge the Developer from the timely performance and fulfrllment of the
Developer's obligations pursuant to thiS Agreement, subject to an extension of
time for an Unavoidable Delay
17.03. Project Insurance Proceeds.
1 Whenever the ProJect, or any part thereof, shall have been
damaged or destroyed, the Developer shall promptly make proof of
loss and shall proceed promptly to collect, or cause to be collected,
all valid claims which may have ansen against Insurers or others
based upon such damage or destruction.
First Amended Development Agreement
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2. Subject to the rights of a Project Lender, the Developer agrees that
all proceeds of property or casualty Insurance received by the
Developer as a result of such loss or damage shall be available and
shall be used for payment of the costs of the reconstruction or
repair of the Project to the extent necessary to repair or reconstruct
the Project
17.04. Notice of Loss or Damage to Project. The Developer shall promptly give
the City written notice of any slgmflcant damage or destruction to the Project
stating the date on which such damage or destruction occurred, the expectations
of the Developer as to the effect of such damage or destruction on the use of the
ProJect, and the proposed schedule, If any, for repair or reconstructIon of the
ProJect.
17.05. Condemnation of Project or Project Site; Application of Proceeds. In
the event that part, but not all, of the Project or Project Site, or both, shall be
taken by the exercIse of the power of eminent domain at any time before the
Expiration Date, subject to the rights of a Project Lender, the compensation
awarded to and received by the Developer shall be applied first to the restoration
of the ProJect, provided the Project can be restored and be commerCially feasible
for ItS Intended use as contemplated by Section 2 03( 1) of this Agreement after
the taking, and, If not, can be retained by the Developer
ARTICLE 18. MISCELLANEOUS
18.01. ASSignments.
1. Bv the Developer
a. 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 wntten consent of the City, whIch
consent IS hereby granted for assIgnment to Bella Vista
Seashell Resort, L L C., 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.
b. 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
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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
c An assignment of the ProJect, or any part thereof, by the
Developer to any corporatIon, limited partnership, general
partnership, or JOint venture, In which the Developer IS the or
a general partner or has either the controlling Interest or
through a JOint venture or other arrangement shares equal
management nghts With a financial institutIon and maintains
such controlling Interest or equal management rights shall
not be deemed an assignment or transfer subject to any
restnctlon on or approvals of assignments or transfers
Imposed by this Section 1801, provided, however, that
notice of such assignment shall be given by the Developer to
the City not less than thirty (30) days pflor 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.
d No assIgnee, purchaser, sublessee or acqUire of all or any
part of the Developer's fights and obligations With respect to
anyone 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
2. City'S RIQht to AsslQn RIQhts The Developer agrees that the City
shall have the unquallfled fight to assIgn ItS fights under Section
504 and 603 of this Agreement to any person, subject only to
applIcable laws In regard to the diSposition of an Interest In real
property.
18.02. 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 ItS successors and assigns, except as may otherwise be
specIfically provided herein
18.03. Notices.
1 All notices, demands, requests for approvals or other
commUnications given by either party to another shall be In writing,
and shall be sent by registered or certlfled mall, postage prepaid,
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return receipt requested or by couner service, or by hand delivery
to the office for each party indicated below and addressed as
follows
To the Developer
To the City.
Clearwater Seashell Resort, LC
748 Broadway, SUite 202
Dunedin, FL 34698
Attn" Richard Gehnng
City of Clearwater
112 S Osceola Avenue
Clearwater, FL 33756
with copies to.
with copies to:
William J. Kimpton, EsquIre
28059 U S Highway 19 North, #100
Clearwater, FL 33761
Pamela K. Akins, Esquire
Clearwater City Attorney
112 S Osceola Avenue
Clearwater, FL 33756
2 Notices given by couner service or by hand delivery shall be
effective upon delivery and notices given by mall shall be effective
on the third (3rd) business day after mailing Refusal by any person
to accept delivery of any notice delivered to the office at the
address Indicated above (or as It may be changed) shall be
deemed to have been an effective delivery as provided In this
Section 18 03 The addresses to whIch notices are to be sent may
be changed from time to time by wntten notice delivered to the
other parties and such notices shall be effectIve upon receIpt. UntIl
notIce of change of address is received as to any particular party
hereto, all other parties may rely upon the last address given.
18.04. Applicable Law and Construction. The laws of the State of FlOrida shall
govern the validity, performance and enforcement of thiS Agreement ThIS
Agreement has been negotiated by the City and the Developer and the
Agreement, Including, without limitation, the Exhibits, shall not be deemed
to have been prepared by the City or the Developer, but by all equally
18.05. Venue; Submission to Jurisdiction.
1 For purposes of any suit action, or other proceeding anslng out of
or relating to thiS Agreement, the parties hereto do acknowledge,
consent, and agree that venue thereof IS Plnellas County, Flonda
2 Each party to thiS Agreement hereby submits to the jUrisdiction of
the State of FlOrida, Pinel1as County and the courts thereof and to
the JUrisdiction of the United States Dlstnct Court for the Middle
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DIstrict of Flonda, for the purposes of any SUlt, action, or other
proceeding arising out of or relating to thiS Agreement and hereby
agrees not to assert by way of a motion as a defense or otherwise
that such action IS brought in an inconvenient forum or that the
venue of such action IS Improper or that the subject matter thereof
may not be enforced In or by such courts.
3 If at any time dunng the term of thiS Agreement the Developer IS
not a resident of the State of Flonda or has no office, employee,
City or general partner thereof available for service of process as a
resident of the State of Flonda, or If any permitted assignee thereof
shall be a foreign corporation, partnership or other entity or shall
have no officer, employee, agent, or general partner available for
service of process In the State of FlOrida, the Developer hereby
deSignates the Secretary of State, State of Flonda, ItS agent for the
service of process In any court action between It and the City, or
both, arising out of or relating to thIS Agreement and such service
shall be made as provided by the laws of the State of FlOrida for
servIce upon a non- resident, provided, however, that at the time of
servIce on the FlOrida Secretary of State, a copy of such service
shall be delivered to the Developer at the address for notices as
provided In 18.03.
18.06. Estoppel Certificates. The Developer and the City shall at any time and
from time to time, upon not less than ten (10) days prior notice by another
party hereto, execute, acknowledge and deliver to the other parties a
statement In recordable form certifYing that thiS Agreement has not been
modified and IS In full force and effect (or If there have been modifications
that the said Agreement as modified IS In full force and effect and setting
forth a notation of such modifications), and that to the knowledge of such
party, neither It nor any other party IS then In default hereof (or If another
party IS then In default hereof, stating the nature and details of such
default), It being Intended that any such statement delivered pursuant to
thiS Section 18 06 may be relied upon by any prospective purchaser,
mortgagee, successor, assignee of any mortgage or assignee of the
respective Interest In the ProJect, If any, of any party made In accordance
With the provIsIons of thiS Agreement.
18.07. Complete Agreement; Amendments.
1 ThiS Agreement, and all the terms and provIsions contained herein,
including Without limitation the Exhibits hereto, constitute the full
and complete agreement between the parties hereto to the date
hereof, and supersedes and controls over any and all prior
agreements, understandings, representations, correspondence and
statements, whether written or oral.
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2 Any provIsion of this Agreement shall be read and applIed In pan
matena with all other provIsions hereof
3, ThiS Agreement cannot be changed or revised except by wntten
amendment signed by all parties hereto
18.08. Captions. The article and sectlon headings and captions of thiS
Agreement and the table of contents preceding this Agreement are for
convenience and reference only and In no way define, limit, describe the
scope or Intent of thiS Agreement or any part thereof, or In any way affect
thiS Agreement or construe any article, section, subsection, paragraph or
provIsion hereof.
18.09. Holidays. It IS hereby agreed and declared that whenever a notice or
performance under the terms of thiS Agreement IS to be made or given on
a Saturday or Sunday or on a legal holiday observed In the City, It shall be
postponed to the next follOWing bUSiness day.
18.10. Exhibits. Each Exhibit referred to and attached to thiS Agreement IS an
essential part of thiS Agreement The Exhibits and any amendments or
reVISions thereto, even If not phYSically attached hereto shall be treated as
If they are part of thiS Agreement
18.11. No Brokers. The City and the Developer hereby represent, agree and
acknowledge that no real estate broker or other person IS entitled to claim
or to be paid a commission as a result of the execution and delivery of thiS
Agreement, including any of the Exhibits, or any proposed Improvement,
use, diSposition, lease, conveyance or acquIsition of any or all of the
Project SIte
18.12. Not an Agent of City. During the term of thiS Agreement, the Developer
hereunder shall not be an agent of the City with respect to any and all
services to be performed by the Developer (and any of its agents, assigns,
or successors) With respect to the Project
18.13. Memorandum of Development Agreement. The City and the Developer
agree to execute, In recordable form, on the Effective date, the short form
"Memorandum of Agreement for Development and DISposition of
Property" and agree, authonze and hereby direct such Memorandum to be
recorded In the publiC records of Plnellas County, Flonda, as soon as
possible after executIon thereof The Developer shall pay the cost of such
recording.
18.14 Public Purpose. The parties acknowledge and agree that thiS Agreement
satisfies, fulfills and IS pursuant to and for a public purpose and municipal
First Amended Development Agreement
ADOPTED
Page 54
purpose and IS In the public Interest, and IS a proper exercise of the City'S
power and authonty.
18.15. No General Obligation. In no event shall any obligation of the City under
this Agreement be or constitute a general obligation or Indebtedness of
the CIty, or a pledge of the ad valorem taxing power of the City within the
meaning of the Constitution of the State of Florida or any other applicable
laws, but shall be payable solely from legally available revenues and
funds Neither the Developer nor any other party under or beneficiary of
this Agreement shall ever have the right to compel the exercIse of the ad
valorem taxing power of the City or any other governmental entity or
taxation In any form on any real or personal property to pay the City's
obllgatrons or undertakings hereunder
18.16. Other Requirements of State Law. Nothing In thIs Agreement shall be
deemed to relieve either party from full compliance with any provIsion of
State law which IS applicable to any of the obligations or under takings
prOVided for in this Agreement In the event that this Agreement omits an
obligation to comply with any provISion of State law In regard to any of the
obligations or undertakings provided for In this Agreement, It IS the
intention of the parties that such applicable State law shall be deemed
Incorporated Into thiS Agreement and made a part thereof. In the event
that there IS any conflict between the provIsions of thiS Agreement and
applicable State law, It IS the Intention of the parties that the Agreement
shall be construed to Incorporate such proVISions of State law and that
such provIsions shall control
18.17. Technical Amendments; Survey Corrections. In the event that due to
minor inaccuracies contained herein or any Exhibit attached hereto or any
other agreement contemplated hereby, or due to changes resulting from
technical matters arising dUring the term of thiS Agreement, the partIes
agree that amendments to thiS Agreement required due to such
inaCCUraCies, unforeseen events or circumstances which do not change
the substance of thiS Agreement may be made and Incorporated herein
The City Manager IS authOrized to approve such technical amendments on
behalf of the City, respectively, and IS authOrized to execute any required
Instruments, to make and Incorporate such amendment to thiS Agreement
or any Exhibit attached hereto or any other agreement contemplated
hereby
18.18. Term; Expiration; Certificate.
1 If not earlier terminated as provided in SectIon 12.05, thiS
Agreement shall expire and no longer be of any force and effect on March 13,
2011 tho tonth annlvorsary of tho Effective Date.
First Amended Development Agreement
ADOPTED
Page 55
.
2 Upon completion of the term of this Agreement, all parties hereto
shall execute the Agreement Expiration Certificate The Agreement
Expiration Certificate shall constitute (and It shall be so provided In
the certificate) a conclusive determination of satisfactory completion
of all obligations hereunder and the expiration of this Agreement.
3. In the event of any dispute as to whether any party IS required to
execute the Agreement Expiration Certificate, the dispute shall be
resolved by arbitration as provided In Article 14.
4 The Agreement Expiration Certificate shall be in such form as will
enable It to be recorded In the public records of Plnellas County,
Flonda. Following execution by all of the parties hereto, the
Agreement EXpiration Certificate shall promptly be recorded by the
Developer In the public records of Plnellas County, Flonda and the
Developer shall pay the cost of such recording
18.19. Approvals Not Unreasonably Withheld. The partIes hereto represent
that It IS their respective Intent as of the Effective Date and do covenant
and agree In the future that all approvals, consents, and reviews will be
undertaken and completed as expedItiously as possible, In good faith, and
wIll not be arbltranly or unreasonably wIthheld, unless otherwise expressly
authonzed by the terms of this Agreement
18.20. Effective Date. The Effective Date shall be the date of the last signature
to this Agreement
IN WITNESS WHEREOF, the parties hereto have set their hands and
their respective seals affixed as of this _ day of ,2002
THE CITY OF CLEARWATER,
FLORIDA
Attest.
By'
By'
First Amended Development Agreement
ADOPTED
Page 56
City Clerk
Mayor
Approved as to form
Pamela K Akin
City Attorney
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregoing Instrument was acknowledged before me this _ day of
,2002 by and , Mayor
and City Clerk, respectively, for the City of Clearwater, Flonda, on behalf of the
City
By'
Signature of Notary Public
My CommissIon Expires.
Printed, typed or stamp
First Amended Development Agreement
ADOPTED
Page 57
t
CLEARWATER SEASHELL RESORT, L.C.
Attest.
By'
By'
STATE OF FLORIDA
)
)
)
COUNTY OF PINELLAS
The foregoing Instrument was acknowledged before me this day of
, 2002 by and , as authonzed
Members of Clearwater Seashell Resort, L.C., a Florida limited liability company, on
behalf of Clearwater Seashell Resort, L C.
By
SIgnature of Notary Public
My CommIssion Expires.
Pnnted, typed or stamp
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TRAFFIC IMPACT ASSESSMENT
FOR
CLEARWATER SEASHELL RESORT LC
PINELLAS COUNTY, FLORIDA
Prepared For
Clearwater Seashell Resort LC
Prepared By
anal Highway
rial Center, SUite 300
onda 33634
January 2001
PrOject # 1502-002-000
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TABLE OF CONTENTS
I. INTRODUCTION
II. EXISTING CONDITIONS
A Roadway and Traffic CharacteristIcs
B. Traffic Volumes
C. CapacIty AnalYSIS
III. FUTURE CONDITIONS
A Traffic Generation
B Tnp DIstributIOn and Traffic AssIgnment
C Capacity Assessment
IV. CONCLUSIONS
LIST OF TABLES
Table 1
Table 2
Trip GeneratIon AnalYSIS
Two-way Link Level of Service
LIST OF FIGURES
FIgure 1
Figure 2
Project Location Map
Future Traffic (2002)
APPENDICES
AppendIx A
Appendix B
FDOT Generalized Level of Service Tables
Art-Tab and ReS software anaylsIs worksheets
Page
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5
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8
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I. INTRODUCTION
Kmg Engineenng Associates, Inc , has prepared an assessment of the eXIstIng and future traffic
CIrculatIOn patterns for the proposed Clearwater Seashell Resort LC The proposed project will
COnsIst 6f250 hotel rooms and an 833 space parking garage located on Clearwater Beach adjacent
to Coronado Dnve and Gulfvlew Boulevard The project location can be found In Figure 1
The purpose of this traffic impact analysis is to describe the impact that the proposed development
will have on the surrounding roadway network, and intersections affected by project traffic.
II. EXISTING CONDITIONS
A. Roadway and Traffic Characteristics
There are currently 66 hotel units located WithIn the Site of the proposed project The two eXlstmg
streets that Will provide mgress and egress to the proposed developments are Coronado Dnve and
Gulfvlew Boulevard Coronado Dnve is a two-lane collector roadway that traverses m a north/south
dIrectIOn from Gulfvlew Boulevard to Hamden Dnve. Gulfview Blvd IS also a two-lane collector
running in a general north/south dIrection along the western SIde of the island The two streets run
parallel to each other in the immedIate VIcinity of the project.
Gulfview Boulevard IS proposed to be rebuilt as a scemc dnve with pedestnan amemtIes as part of
tillS project This redevelopment will mclude the relocatIon of eXIstmg beach front parkmg dIrectly
In front of the project PublIc parkmg needs that will be affected by this development have been
mcluded In the new development plan
B. Traffic Volumes
Annual average daily traffic (AADT), volumes for Coronado Dnve and Gulfview Blvd. were
proVIded by the Traffic Operations DIVISIon of the CIty of Clearwater as 11,236 and 14,410
respectively. The volume for Coronado Dn ve was for the year 1998, and was grown at a rate of 2%
per year to calculate present day level of service Peak hour totals were calculated by applying the
Flonda Department of Transportation (FDOT) "K factor" of 0 091 to the AADT Coronado dnve
C \BOB\PINELLAS\SEASHEL RES
~~g
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~ 'oK ~t"j. '" , I .:;,... ~ I."..... l" .J
.... y~...l;....' 1- 1 - PusLICSEA .
" ::}t-;i-' f SIJI/J/(IEYrJ. pARK III -
'-,' '.""'''' ~ - ~ "^~, - \
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'pass
'WA
~ SP<lnlSWOOOE,
JPflmSWOO,DESPO~WOE:
FIGURE 1
SEASHElL RESORT Hom
K iCID g
~92.1 MEMORIAL HIGHWAY
ONE IAEIIlORIAL CENTER. SUITE JOO
lA!.1PA. F'LORI DA J.J6J4
PHONE 81 J . B80 . 8881
FAA 81J.ll.80.1lB!l2:
LOCATION MAP
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has an eXIstIng peak hour volume of 1,064, while GulfvIew Blvd has a volume of 1,311 vehIcles
m the same penod
C. Capacity Analysis
According to the FDOT's 1998 Level of ServIce Handbook generalized tables, Coronado Dnve IS
currently operating at Level of ServIce (LOS) "C" and GulfvIew Boulevard IS currently operatIng
at LOS "D" A "D" indicates an acceptable level of servIce CopIes of the generalized level of
servIce tables are contaIned In Appendix A.
III. FUTURE CONDITIONS
This sectIOn of the report contaInS tnp generatIOn, tnp dIstnbutIOn and traffic asSIgnment
InfOrmatIOn
A. Traffic Generation
The proposed development Will Include the follOWing:
250 Hotel Rooms
833 Parking Spaces (garage)
ITE LU Codes 330
Tnp generation for the proposed project was developed ~smg the ITE TnI' GeneratIOn Manual, 6th
EdItIOn The Clearwater Seashell Resort is anticIpated to exhibIt charactenstIcs of a resort hotel,
(i.e., a tounst destlnatIOn) It Will contaIn meetIng rooms, a ballroom, restaurants and retail servIces
The Institute Of TransportatIon Engmeer Tnp GeneratIon Manual, 6th EditIOn descnbes a Resort
Hotel (Land Use 330), as SImilar to hotels (land use 310), In that they prOVIde sleepIng
accommodatIons, restaurants, cocktaIl lounges, retail shops and guest servIces
The pnmary dIfference is that resort hotels cater to the tounst and vacatIon bUSIness, often provIdmg
a varIety of recreatIOnal facilities, rather than conventIon and meetmg busmess The Clearwater
Seashell Resort antIclpates provIdmg busmess and convention servIces In addItIon to being a deluxe
resort destinatIOn. Since lTE 6th EditIOn does not proVIde a dRIly rate for Resort Hotels, LV Code
3 1 0 (Hotel)was used to determine daIly traffic
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Due to the resort nature of this proJect, traffic will be spread-out throughout the day, and peaking
charactenstlcs will follow the adJacent street traffic ThIS means the A M peak hours will be
between 7 00 and 9 00 AM, and the P M peak penod WIll be between 4 00 and 6 00 P M Thts
results m a lower number of tnps m the peak penods than would be dIsplayed by a typiCal bUSIness
hotel
As no ITE code eXists for a parking garage, tnp generatIOn for the onslte parkIng facilIty was
developed usmg local data provided by the CIty of Clearwater For the month of July 2000,31,255
vehIcles were recorded as eXitIng the "Pier 60" parkmg faCIlity near the study area The faCIlIty has
218 available parking spaces and records then use through vehicle eXIt tolls
In order to convert this total Into usable data, the 31,255 "eXits" were broken down mto a daily
average totalmg 1,008 Usmg the FDOT "K factor" this was then converted Into a peak hour total
of92 Assummg 218 parking spaces, the total converts to 4 6 vehicle tnps per space on a daily basiS
and 0 422 tnps per space on an hourly basIS
The City of Clearwater has observed that as the majonty of these parkmg spaces are used by beach
patrons, the peak hours of use do not conform to most other types of land use The length of stay
of each vehIcle was estImated at 2 - 2 5 hours and most traffic leaves the eXIstIng parking lot
between 2 00 and 3 30 ThiS means the affect of beach parkIng traffic on peak hour volumes does
not generally Impact the (4 00 - 6 00) PM peak hour of the surroundmg land uses In order to remaIn
conservatIve, this study assumes a "worst case scenano" and makes no adjustments for this
dIfference In peak hours of use Parkmg figures are calculated as Impacting the most during the
v
traditIOnal PM peak between 4 00 and 6 00
In order to account for a natural growth rate In traffic along Coronado Dnve and GulfvIew Blvd,
eXIsting (year 2000) roadway totals were "grown" at a rate of 2% per year to achIeve an accurate
future level of background traffic This growth had to consIder, however, the removal of the 350
publIc parkmg spots from the beach front area (pIer 60) As they would no longer be generatmg
traffic, they could no longer be conSidered m area background volumes Usmg the generation rate
supplied by the City of Clearwater and the number of spaces In the lot, a total of 1,610 (dmly) and
148 (peak hour) was subtracted from Coronado and GulfvIew (50-50 breakdown) background traffic
Thts resulted In a peak hour total of 1,030 and 1,287 for Coronado and GulfvIew respectIvely
fi!~g
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Of the 833 parkIng spaces that will be bUilt, 250 of them will be reserved for hotel guests at a rate
of one per room ThIs lowers the number of publIc spaces "generatIng" traffic In the area to 583
When the generation rate obtamed from the "PIer 60" facIlIty IS applIed to these spaces, a dally total
of 2,682 and a peak hour total of 246 IS deterrmned GeneratIOn totals for the entIre project are
Illustrated in Table 1
Table 1
TRIP GENERATION ANALYSIS
TYPE OF USE NUMBER OF DAILY TRIPS PM PEAK HOUR
ROOMS/SPACES GENERATED TRIPS GENERATED
Hotel Rooms 250 1,868 75
Parkmg Spaces 583 2,682 246
Totals 4,550 321
B. Trip Distribution and Traffic Assignment
To gain mgress and egress to the project, traffic is antIcIpated to be splIt between Coronado DrIve
and GulfvIew Boulevard at a rate of 40 to 60% Access to each roadway will be through a dnveway
located on the south side of the site that accesses both Coronado and Gulfvlew The eXIstmg
mtersection of Coronado Dnve and 3rd Street WIll be closed on the northsIde of Coronado Dnve,
and form aT-intersectIon. There will be a hotel servIce dnveway along the north SIde of the
development but as this WIll expenence mmimal traffic, it has not been mcluded In this study
Consldermg the current level of development and roadway usage surroundmg the proJect, It was
assumed that traffic along both Coronado and Gulfvlew Will be orIented 75% toward the north and
25% toward the south The 321 PM peak hour vehIcles generated by the project were dIstnbuted
according to the percentage "ms and outs" provided m the ITE Tnp GeneratIon Manual for resort
hotels TIns resulted III a total of 183 (57%) vehicles leavmg the development durmg the PM peak
and 138 (43%) entering dunng the same penod Figure 2 provIdes a complete IllustratIon of
projected future traffic movements.
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LEGEND
XX = PROJECT TRAFFIC
(XX) = BACKGROUND TRAFFIC
SERVICE DRIVEWAY
PROJECT
SITE
SEASHELL RESORT HOTEL
FUTURE TRAFFIC (YEAR 2002)
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No T. S.
FIGURE 2
~ iCI.D g
4921 MEMORIAL HIGHWAY
ONE M EIdORIAL CEmER SUITE 300
TAYPA, FLORIDA 33634
PHONE 813 . 880 . 8881
fAX 813 . 880 . 8882
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C. Capacity Assessment
The redevelopment of thIS sectIon of Clearwater Beach Into a luxury resort and publIc parkIng
structure is not expected to cause degradation to the eXistIng level of service along either Coronado,
Gulfvlew or the surroundIng roadway system
The peak hour level of servIce for both study area streets was determined through the addition of
background traffic and project traffic USIng the FDOT GeneralIzed Level of ServIce Tables,
Coronado Dnve maintams a LOS "C", whIle GulfvIew Blvd falls to an LOS "E". AddItional
capacity analYSIS was prepared for Gulfvlew Blvd. usmg the FOOT 1998 LOS spreadsheet
ART_TAB. When Gulfview Blvd was analyzed with the "Art-Tab 30 artenallevel of service
program, It was found to display an LOS "D" With this, both routes remaIn WIthin an acceptable
level of servIce (LOS D) as shown In Table 2
The HIghway CapaCIty Software (HCS) program, version 3 2 was used to detennine the proJected
LOS of both project SIte driveway access points. Using the 2002 peak hour background volumes
for Coronado Drive and GulfvIew Blvd. as well as traffic generated by the project, turnIng movement
volumes were detemuned accordIng to the dIstnbutlOns pattern dIscussed above
Background traffic was assumed to not be entenng/exiting eIther dnveway and peak hour proJect
traffic was dIstnbuted as IS show In Figure 2. The results of the Intersection capacity analysis
revealed that the dnveway accessIng Gulfview WIll operate at a LOS "C" m year 2002 and the
dnveway acceSSIng Coronado Will operate at LOS "D" These are Wlthin the acceptable level of
servIce standards for these intersectIons.
Table 2
Two.way Link Level of Service
Segment Class Existing Volumes 2002 Traffic Volumes - Peak Hour
Daily Hourly LOS Background Project Total LOS
Coronado Dr 1 11,690 1,064 C 1,030 128 1,158 C
Gulfview 2 14,410 1,311 D 1,287 193 1,480 D
~iqg
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IV. CONCLUSIONS
The proposed project, Clearwater Seashell Resort LC, Will consist of250 hotel rooms and an 833
space public parking structure The redevelopment of thIS area of Clearwater Beach IS not
antIcIpated to cause a degradatIOn to the existmg roadways and mtersectIons.
iU'1ffid'
~_,.e
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1998 La'/f~1 of Service Handbcc.....
F'cnda Department of Transportat:on
Table 5-4
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~ :"i',., ~,' .., :::i- :,,~' { ,: ,:.r: ';'. 5Et!EElft U.Z,ffl t'iNN~~ ~v a:'f'.G.~OA! ,:;y:y..OL:'UM E:SifOFF:!:.q~!PA' 5.. ' '.' . - '" -' .' ,'. 'I
/;!2,;".:, ~~(,;'.>>jf,;".,:':;;-':~.:;~;{::::l'<;~
I
STRI! TWo.WM NlTERIAU FREEWA'1S
I.NIlISlIU'TED R.aN
~ II8lglllllnd llrallp 1 = ~...:.-..;:..s:n ondloadl>iJlOorposalnQl..IlO:IS_ oltllO
Lan.., lBval or- S_lee
Olvlded A B e 0 E Lwei of 5ervlee
:I Undlv icIed 8,900 13,900 111,000 24,800 ;o;o"uu Lan.. A B e 0 E
4 DiY IdlId 21.500 35.800 50,1110 6Cl.100 7t,800 4 iZl.:Z00 34,300 51.$00 66,:ZOO 81,700
8 DiY tied :t!:200 n700 75 :zoo 90 200 1111.400 6 32.600 52,700 79,000 10t.800 125.400
8 <<.800 71.800 101.800 138 600 171.100
10 55,800 89,800 134,700 ' 173,200 iZ13,8oo
INlEIlRI.IP1eO RoaN 12 65 200 105 400 15i tOO 203 200 :!!iI19oo
Claa I \>O.l>>..I......--por-1 llraup 2 /odIIlIn__....noIlll_ll
LannI l.Gv III of S_ u:e Lev el of Sarv Ice
DMdlId It" B e 00- E'" Lanu A B e 0 E
:I Undlvicllld WA to,llOll ts,eoo 16,800 16,800 4 20,900 32, 800 49,:ZOO S2, 800 74,SOO
4 DIY tied WA 23,500 33.200 35,000 35.000 8 3:z,1oo so. 400 7S,600 98,200 1 14,~00
8 Olv Ided NlA 35,llOO 48.900 ~2,SOO S2.500 8 43.llIltI 68.800 103,200 131,300 156,300
801Ylc!lld NlA 45,300 81 400 84 400 84.o4Cll 10 54.700 88,000 1 iZ9,OOO 164,200 195.400
12 64,100 100;800 161.200 192, 400 229.100
Class n \l!.ocI104.5II~_porn>llotJ
.
NOH.sTATE! ROIOWA'/S
Lan.. Luvel of Selvlce ld,o\JCR arr.caJKIY JlQl.UWA YS
01 vldad /Ir' B" C D E
:I U ndlv dlJd MIA NIA 9,900 14.900 16.:Z00 Level 01 aelV I~G
4 Dlvicllld N/A NIA 22.900 32,500 34,300 Lan.. /It" a- e 0 e
8 DIVided N/A NIA 35,500 48,900 51,700 2 U ndlv idud NIA MIA 8,600 14.600 18,000 I
8 DIY Id8d N/A N/A 44,700 60 100 a:;,o4Cll 4 DIY k!ed i'fIA N/A 19,800 31,700 33,900
il' 8 Olv klad NIA MIA 50 BQO 47 800 ~1 000
Class lIS =..~"t:~~:=-..:o:.o:-~-Pmatl'.1IY 0llE!l SlI!HAWEO RDl.IlWA YS
(signalized ,mersoollon anaJy s is)
lan8BI lBv eI 01 SlIrv lee Lana fir" a" c 0 E
Dlvlded R' B" C D e: 2 UndIv 1ded I NlA WA 4,600 10.900 11.900 !
2 UndIv Ided NlA NIA 3,300 12, 100 15.800 4 Divided NlA WA 11.600 23, 800 25 400
4 D1vicllld NIA WA 7800 2:T 800 33,600
8 D,vided N/A NIA 1iZ,100 43. 300 50.~OO
8 D1vicllld NIA NIA 1~ 300 54200 6210lJ
AOJUS'lMENlS
orvlJlro/\JllllrvlOED
Class IV =:.::' ':':c1~~'::J:"= aM,.Unln p;...." c1r,....nI ilfW......~_volumo_~
left TUrn AdJuslment
U1nes Median Buye FllGtara
Lanes! l.Gv eI of SlIfv IcG 2 Divided Yes -16%
Ol1ltded tr B- e D e :I UndIv ldad No -20%
2 Undlv lded NIA N/A :VOO 13,800 15,300 Mdl UndIv ld8d Yes -5%
4 Divided NIA NlA 8,900 29,900 32,600 MulIl UndIv ld8cI No ~
8DIYIdlId NIA N1A 14,000 45.S00 49.000
8 DiY iIlld NIA NIA 17500 se.:zoO 60,100 ONE-WM
lRbt-QOnlln9 _ .......Ird_po.,..)
The FIorid& Dopamn lIIlI of TrarnI portallon One-Way Adluslment
SaurC8: Systems f'IlIMlng Olllea lann
~ Facta nI
llO!l SlIwarmee SlreeI . Mail Sl8110n 19 ~M'I~
TaIlIlI1au... F1~rIda 3Z39Il-Q4.5O 2 4 .40%
3 8 .40% ,
hltP:/~dot :1181e.llllS!plannll9 4 8 .40%
~ 8 .25%
. 'TIle lablG dolls "Ill ccnslllut e a slandan;l and should t)Il used only t Of glll1QmI !)Iannl"g aPIIllc81lons lh8 c:ompullll' models from wI1lclllhls table 1& derived
s/lotlld bGlISGC! lor mOlll specff Ic plannmg appIIcallOllS The Isbill ami dGriv in; ~tJntpU1lll' medals should no! b8 1IS8d f Of oomdor at Int8fS6C11on dBlllgn. wIlllrG
more rellt18d lectm/qlles exist Values shll'lfll ant annual average daily v~lum8$ (I)ilsed on Kl00 lactarll not peak-ID-dally ratios) lor IllY e!s ~f servlCll and
are b!Qed en tile 1997 Update to lh8 Highway Ca;l8e ~y Manual and FtoridIl tratl Ie. roadway, and SlljI18l1zatlon dala. TIle Iabl& s 'rlpul Valwt assumpllQl1S and
IllY el III SOllY ICS ~rilerillljlllUr on \hs lolICMing pall'l
- C iII!IIIll I)u acIdov ed,
- Volume ara ~om parable Ilacause Intlllll8C lion ~lIIIac ~las nav e been 188C1l8d. SeP lumller 1998
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91
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,~
1998 Level of BeNJes Handbook
Florida Department of Transportation
Table 5-7
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I
FREEWAYS
srm TWO-WAY IATERIALS
lJNlmE1lRlJPTElI R,aN
!Millin _...<1 a"", ....., 600,000 &lid loadltlllll> <It paasllIlI wlUdn 6 n:il... ollila
i>Il"""" oIlY 0_ I>UBlnau daUlOl1
Unslgnallzed
lBIleel
Divided
2 Undlv!ded
4 Dlv ldad
6 Olv ItIed
Lev el of Service
B C
1,270 1,72Q
3,260 4,560
4 B90 6 640
I
LIlY el of SeJv lee
C
4,500
7,000
9,500
11,900
13 900
E
3,010
6,510
9,770
o
2,260
5,470
6,210
A
810
1,950
2,930
o
5,800
8,900
12,200
15,200
17900
E
7,200
11,000
15,100
18, 800
100
A
1,900
2,900
3,900
4,900
700
B
3,000
4,600
6,300
7,900
9300
lanell
4
6
6
10
12
I
INlERR\.lPlED ROW
Group 2
Class [
lWJlI>In_..........lIOlm _11
~OOto 199 al""olIu<llnla_ona ~""Ial
I
Lev el of sarv Ice
C
4,500
7,000
9,500
11,900
13.900
Lev el of Service
C
1,450
3,060
4,640
5710
laneel
DIVIded
2 Undlv ldad
4 Divided
a Divided
6 Dlv Ided
E
6,900
10,500
14,400
18,000
21100
o
5,800
8,900
12, 100
15, 100
11 700
B
3,000
4,600
6,300
7,900
9300
A
1,900
3,000
4,000
5,000
5900
E"".
1,550
3,260
4,890 ......
5,990
Lanell
4
B
8
10
12
D'"
1,550
3,260
4, !l9O
5,990
B
1,000
2,190
3,330
4,210
JrO
NlA
NIA
NfA
NfA
I
Class II
(2 00 '" 4.50 .Ignallz"'_"'" perlnllo)
NON-STm ROADWA'/S
MAJOR QlYICClJN1Y ROAOWA YS
I
l..sIr el 01 ServIce
C
920
2,130
3,300
4160
lanes!
Dilll'ded
2 Undlvlded
4 OIV Ided
B Dlv Ided
8 DIVided
E
1,500
3,190
4,810
5900
o
1,390
3,020
4,550
5590
/It.
NIA
N/A
N/A
N/A
a-
N/A
N/A
N/A
NIA
Lev eJ of SelV Ice
a- C
~~ l~:O
NlA 2~OOO
D
1,330
2,860
4,350
E
1,450
3,080
4,640
Jr*
NIA
NlA
NIA
lanes
2 Undivided I
4 DIvided
6 Olv lded
I
Clas s III (monllh"n 4.sc ..Q1\alI:zea ml..._ per mllo O/o:l noIl111hln plm:uy "ty
con!lal b""lnaoo dlotdcl 01 ""'1IIIiU<I 0188 ""er 500 0001
orneR SlGNAUZEllllc.o.DWAYS
(slgnallZllld intersection aneIy SIS)
BO. C
NJ ~ 430
N/~ 1,060
I
E
1,090
2310
o
990
2170
JIt*
Lanee
2 Uodlv ,dBd I
4 DIvided
Lev al of Serv u:a
BOO C
NlA 310
NlA 7Zl
NlA 1,120
N/A 1 410
lBIlesl
Divided
2 Uod/llldad
4 Divided
6 Dlv Ided
a Dlv Ided
NIP
N/~
E
1,450
3,090
4,650
5710
o
1,110
2,560
3,9llll
4990
JIt*
N/A
N/A
N/A
N/A
I
/lDJUS1MEN'TS
OIVlCEllIUNDIVIJ;lEO
I
f:::"n::'dl-:;::,r~=~~~:: :/:;&, ond willlln primary ~lIyc_
Class IV
(allar~""""pondlno __ va..... Indtoalo<:l p8lConI}
Left Tum Adlustment
Bays Fectors
Yes -+S%
No -20%
Yes -5%
No -25%
Median
DIv Idad
U ndIv!dad
UndIv lded
Undlv lded
lanes
2
2
Mum
Mulll
l..sIr el of $eN Ice
C
340
820
1,290
1610
laneel
DIvided
2 U ndlv IIted
4 DIv Ided
8 DIv ldad
8 Oiv Ided
E
1,410
2,990
4,510
5530
D
1,270
2,750
4,190
170
e-
NlA
NlA
NlA
N/A
1It*
NfA
N/A
N1A
N/A
I
ONE-WAY
[aIlor o""""pondIng __ vol",,", IndloalOrl p&!C8I\Il
I
The FIDnda Department of Transportatlan
Systems Planrung Office
605 Swennee SI rest - MliI S1stlon 19
Tallahassee, Flonda 32399-0450
One-Way fdlulltlnent
lanes E<POBluI FlIC10 r~
..-wav........ ~
2 4 -40%
3 8 -40%
4 8 .~%
hllpJJw.r.w dat slate II uslplanrung 5 8 -25%
. The 1 able does oat CllllSlltu1e e standard and should oe used only t Qr general planrnng aPllhcallons The computer modele from \\I1lch true table Is denvad
should be used lor mOlB specil'lc plannmg appllcallcns "The leble and dertv Ing c omputElr m odele shOuld not be used for COmdor or Intersection design, where
mcro ref lned techniques ulSl Values shovm ere !WI).way hourly maxtnlum volumes f or levels of serv Ice, and ere based on the 1997 Update to the HlQIiway
Capacrty Manual and Floods tral f ic, roadway, and slgnalJzatlon data. To conv ell 10 annual avemge dally traf f IC Y oIumes, these V oIumas must bit dlv Ided by
an appropnate K100 factor (not peak-to-dally ratio) "The teble'e inPut value <llIsumptlOns and lev et of SBfVICIt cnlena appear on lhe following page
.. Cannot be schlllV ad-
o.. Volumes are comparable hacsusalnlera9ClJon capadlles l\ave been reached.
SOurce:
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Saptern bar 1998
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APPENDIX B
ART -TAD AND HCS SOFTWARE ANALYSIS WORKSHEETS
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~
- ART~TAB: 3.D
. 'z,-- .--~ <-=-
, ':_ ~en~J~~~1 of~Sefrv!ce \(9Iume-l~ble]_
Based-Ol;~@haR.t~r 1t;pMhe -1~.91<RJgh~<iy.Ca~~lty-ili1am!aEU pdate
- -=-~~ ~ -: ~ -~:f -::~-.;~~'~ 1 ft~~~ I ;;~ - ; ~ 1- -
r- ~l;.- _ FI0fida~Deparimeml-0rr.ransp~1iatr@n y~-
. t;~~, ,~~ _" sei5ffiffib'er. 1"'998 _ _~" }f--_. .0_=%
J:
, .
:: ':t :,j;'-
-
- - -- --
-
. '
. ",
II--'='-
-n-
..I .......,~..
L:':!'
~.~;
"'\l....."'i
--
- -
:-::-~ ~
~:....
~-'lf"''Il'l'1"
~...,.
:r ~ -- -=~ -
~ \ ~~..:
r~ .. .t..;~_:
~ -
--
rh~-; -.........
-=-=-":r
-=-==-
:;- ,
~ EJpEAKH6iJ~eEAKTrillirof.r6N~VO[UME'.' ;:~..::
~- ~ ([i,~1ides;;v~~i9fes In'!~cluS;ve~iUrT,l~lant'~t ~~
_ _ _-.....:::: ..,......-..-_~ --!~.... '..I..;""'...."'r,....... t Ii "tJ.... I _-_ =-
,.::2 ~~lnterseaIOnS"per".mlle".l' '~= -~- .~
':--":! ~"'; ;J~:~, ~~\ :"" -~, ,~~ "~
-~ J ~_~-=-_-.,.!..c Ley.eLof;&er,vlce;;:;- ~ - - -
=. ~~ ~ - ;:-~~- ~G '. ~~1{Q' ~ . -'O~"
N/A 480 810 880 880
N/A 1,060 1 ,670 1 ,760 1,760
N/A 1 ,650 2,520 2,640 2,640
NfA 2,240 3,370 3,520 3,520
" -
~ ~ _"'"1- t "I~~ -" ~-=~_.......::-;-:..-...,....- -....J _ _
- - - c~EAK~HOU~:N"OtUMEJBOT:liiPIREC;rIONS) "~ .
c:.....-- "t:"_""""'!:' .r.~ ,J"- __ _ _ _:=t...= -=.I.:il"'I.....~ "'" -..
~(/ni;liides vehlgle~ m~fJxc/ijsrve1Qm;:firfjes) - ~ -:::.
_"- ~. 2 InTersectlons~r-m~~~"'-;' - _""'l
...... ~'I-l' - =' ....0.0:"
~_ ~ ~~ t -~P~~~r &_ ~-
.J,Q);S6_flIPlJON ~ ~ ='';-;=~- c= ~
-~- ::..~~' Roalf:hlame~ Gultvlew Blvd.
~i ~--- ~Erom.~ Causewav Blvd
.--~ ~
-~.c: ~ .~~,."'1:t9; Coronado Dr
'-;:, ~ ~ -Pea~DJ~b~ Northbound
~'-:: :Study~~~~~en~ PM Peak
~ ;:... .;.{iaJVs;sDt~J 1/25/01
~r -.. .JI.I_ ::;-1f;l"""'~~"-
- "~~!.Ln:!lle~~~'ies
-:;- '~~::'::i~;~AADT 4.410
~ J; "-"~~.,
_ ::: j!"-=.:-~~;~r~Noles' Ma~r~~~ S~~h:!~ Resort
...-~~-;::
I.:ANES
';k
~ ,-:g:;
''':'3~
.~
, ......'
I
:.n~A"F.,flqf.l:!~Me'fERISJlq~~ :
L ; ~ri,!l.7A~~ ~ ..-~_...
-
~ :.-:=::; :.<.1$ Factor 0 091
_ II J~ tl """~ t ..
_ _~'--- _2- D-Factor- 0 568
:.. pekJ~~r Factor. 0 95
Adl,-SatuJ]lJloJl'Elow Rate 1850
l{, Turns from-:=-6.a~lve Lane! 12
:- ~~~,~ - '. ~
,....r -
- ~ .11'"
- - -- - f"--::
~ ~_-: .zo
~ ~-
- ~-'O
::- ~Range-
:>(OO€'-- 0-20)
"(0 ~: 1 00)
]o.t::Q - 1 00)
~(14}JO - 2000)
;:(0 :=100)
I
I
l.:evel of ServlCe'
~ -8 - C
850 1,420
1 ,870 2,950
2,900 4,440
3,940 5,940
, . E
1,550
3,090
4,640
6,190
02
1,550
3,090
4,640
6,190
- LANES-
2
4 -
6- ~
8-
A
N/A
N/A
N/A
N/A
..!: -7..i ~~ ,rl~- --
-RQAD.WA Yi~I;tARACTrI;.RJSTleSi:"
-.r-"'- .....~ ..... ."...
~ ~ ~ .... J.
I
-.
-~~~:
AY_ERA~E ANN!l'@!l.lY~-=:T~~!:~I~~ (AApT)
. (Includes ven/cleS"m,exc/uslve tuin-Ianes)
i::'lntersetiCtJolis"'~~r Iftilif ~ ~
=
Urbanized, TfanSlllonlng/Urban,
... 01" -""I.,....".."'..... .:;
, -" or B4@I~Ai'~ Type"
. '~.!!llal Class
r Fr~e F@ty~Re~(mPhr
'1:otal eengtl:1-:.Qr~enal(ml)
-- '~M~I~s(Y/N)
1 ~~eftjl:iiiliBavs'WlN}
U
2
45
1
N
Y
(U,::.T, or R)
, (1i2,3, cir"4)
(4~, 40,or 35)
I
, Level'of Service
::" B -;: C
9,300 15,600
20,500 32.400
31,900 48,800
43,300 65,200
0--
17,000
34,000
51,000
68,000
_:::6
17,000
34,000
51 ,000
68,000
- LANES
> '":2
4
:. 6~-_
a
A
N/A
N/A
N/A
N/A
I
_ - :~~~-.r-~~-~
SLGNAlIZA-TION-(fHARAeTEJ~.ISTlCS ,
It ~ "'~f~ -.... r'~::"';\J~r~-,=- --.=--:: ~-
_ - ~-~_!i .r,=-~i~c-~ _ =
I
- No SJgnaJ;zed InteriecitQris
Arrival Type,Peak-O$
Type Signal Systef!1-
Sy_stem Cy,d~ Lenglh(seer
WeJohled, Thruh..1vml oIC
N/A means the level of sefvlc-e~ls not-achlevable ~
Peak Hour E'eak DIreCtIon Through/Right yJe Ratlo:for the-
~ Full Hour
Level of Service
B C
o 55 0 92
060 095
063 096
o 64 0 96
2
3
S
90
044
:(1 ,~,3,4;5 or 6)
-(P;S, or A)
=(60 - 240 sec)
;0-20 - 0 8m
I
E
100
100
100
1 00
D
100
100
100
1 00
A
N/A
N/A
N/A
N/A
LANES
1
2
3
4
-
Note that Intersection capacIty 15 reached at LOS 'D'
Constant volumes across the remaining LOS ranges indicate that
these levels are not achievable HIgher volumes result In an 'f'
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HCS: Uns~gnalized Intersections Release 3.2
TWO-WAY STOP CONTROL
Etersection: Coronado and Marriott
alyst: King -2002
rOJect No,: 1502-002-000
Date: 1/24/01
last/West Street. Driveway
orth/South Street: Coronado
Intersect~on Orientat~on: NS
SUMMARY
D-way
~
Study period (hrs):
0,25
I.
MaJor
I
Street:
Vehicle
Approach
Movement 1
L
Volumes and
Northbound
2
T
Adjustments
Southbound
5
T
6
R
3
R
4
L
Volume 13
tourlY Flow Rate, HFR 13
ercent Heavy Vehicles 2
Median Type Undivided
.T Channelized?
..anes
Configurat~on
Upstream Signal?
IM~nor Street: Approach
Movement
271
772 42
812 44
o
LT
1
1 0
TR
No
Eastbound
9 10 11 12
R L T R
No
I
Volume
EourlY Flow Rate, HFR
ercent Heavy Vehicles
ercent Grade (%)
Median Storage 1
IFlared Approach: Exists?
Storage
RT Channel~zed?
ILanes
Configurat~on
7
L
Westbound
8
T
55
57
2
18
18
2
o
o
No
o
o
LR
IAPproach
Movement
fane Config
v (vph)
.c (m) (vph)
rlc
95% queue length
Control Delay
tos
Approach Delay
Approach LOS
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I
Delay,
NB
1
LT
Queue Length, and Level of
SE Westbound
478 9
Service
Eastbound
10 11
LR
12
13
784
o 02
0.00
9.7
A
75
245
0,31
1. 26
26,0
D
26,0
D
HCS: Uns~gnalized Intersections Release 3.2
I
HCS: Unsignalized Intersections Release 3.2
I
I
Volume
IHOUrlY Flow Rate, HFR
Percent Heavy Vehicles
Percent Grade (%)
Median Storage 1
IFlared Approach: EXlStS?
Storage
RT Channelized?
ILanes
Configuration
CONTROL SUMMARY
Marrlott D-way
1
L
Volumes and
Northbound
2
T
~
Study period (hrs) ,
o 25
TWO-WAY STOP
,.;~tersection: Gulf View and
~~alyst: King -2002
Project No. ' 1502-002-000
Date: 1/24/01
lEast/West Street: Driveway
North/South Street: Gulf View
Intersection Orlentation. NS
I ,
MaJor Street:
Vehlcle
Approach
Movement
Volume
IHourlY Flow Rate, HFR
Percent Heavy Vehicles
Median Type Undivlded
IRT Channelized?
Lanes
Configuration
Upstream Signal?
IMinor Street: Approach
Movement
322
338
1
No
7
L
Westbound
8
T
Adjustments
3
R
Southbound
4 5 6
L T R
62 965
65 1015
2
0 1
LT
No
Eastbound
10 11 12
L T R
21
22
o
TR
9
R
28
29
2
o
No
o
LR
82
86
2
o
o
IAPproach
Movement
ILane Cont 19
v (vph)
Ic (m) (vph)
v/c
95% queue length
Control Delay
ILOS
Approach Delay
Approach LOS
I
I
I
Delay,
NB
1
Service
Eastbound
10 11
Queue
SB
4
LT
Length, and Level of
Westbound
789
LR
65
1199
0.05
0.03
8.2
A
12
115
318
0.36
1.63
22,6
C
22.6
C
HCS: Unslgnallzed Intersectlons Release 3,2
'1
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()Vf<pia(~
RESOLUTION NO. 01-06
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND THE
CLEARWATER SEASHELL RESORT L L C, PROVIDING
AN EFFECTIVE DATE
WHEREAS, the CIty of Clearwater IS desIrous of entenng Into a development
agreement with the Clearwater Seashell Resort L L C, now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA
Section 1 The Development Agreement between the CIty of Clearwater and
Clearwater Seashell Resort L L C , a copy of whIch IS attached as ExhIbit "A" IS hereby
approved
SectIon 2 ThIs resolution shall take effect Immediately upon adoptIon
PASSED AND ADOPTED thIs 1st day of March ,2001
-I!!:.~-?
Sn ungst
M yor-Commlssloner
Approved as to form
Attest
ILl
f
Pamela K AkIn
CIty Attorney
Resol utlon No 01-06
01-0S0032 MR~-23-2001 2 5SPM
PINELLRS CO BK 11278 PG 858
111111111111 11111 11111 1I111 11m II1II mil 11111111
DEVELOPMENT AGREEMENT FOR
PROPERTY
IN THE
CITY OF CLEARWATER
between
THE CITY OF CLEARWATER, FLORIDA,
and
CLEARWATER SEASHELL RESORT, L.C.
Dated as of Jl\.o.A,-~ f ~ , 2001
I'J
- 16Q-
- I (O1~
t1lv,~
'- .
.-7 ~
JiJ.::IUr--.)N t (,1 ,
r
0t"/-'il (f/;.:R({ L)R /7
K [If lJl ~ JliJi ?, _,
(7) I' /::>;, .", ;"lJ ~ :"/''-'0''-
,/\, J.....1 I ) j I f I
'"
PIN~LLA5 COUNTY rLA
Orr R~c,eK 11278 PG 8SS
TABLE OF CONTENTS
ARTICLE 1. DEFINITIONS
2
Section 1,01 Definitions
Section 1 02 Use of Words and Phrases
Section 1 03 Flonda Statutes ."
2
4
. 4
ARTICLE 2. PURPOSE, PROPOSAL
AND DESCRIPTION OF PROJECT
4
Section 2 01 FInding of Public Benefit and Purpose
Section 2 02 Purpose of Agreement ,
Section 2 03 Scope of Project
SectIon 2,04 Cooperation of the Parties
4
5
5
7
ARTICLE 3. REGULATORY PROCESS, ,
7
Section 3.01 Land Development RegulatIons
SectIon 3 02 Development Approvals and Permits
Section 3 03 Concurrency
7
8
9
ARTICLE 4. PLANS AND SPECIFICATIONS
10
Section 401 Preparation of Plans and Specifications,
10
ARTICLE 5. PROJECT DEVELOPMENT
10
Section 5,01 Ownership of Project SIte
SectIon 502 Project Site . ,
Section 5 03 CIty Option to Purchase ,
SectIon 504 City's Obligations
Section 5 05 Obligations of the Developer
10
10
11
11
14
ARTICLE 6. PROJECT FINANCING
18
Section 6 01 Notice of Project Financing to City ,
Section 6 02 Copy of Default Notice to CIty
Section 6 03 City Option to Pay Mortgage Debt or Purchase Project
18
19
19
ARTICLE 7. CONSTRUCTION
20
SectIOn 7 01 Site Work
20
Development Agreement
ADOPTED 03/01/2001
Pagei
Or~I~i~L;S COUNTY rLA
/( J 1278 FIG 850
Section 7 02 Construction 20
Section 703 Construction Completion Certificate 22
Section 7 04 City Not In Pnvlty 23
Section 705 Construction Sequencing and Staging Area 24
ARTICLE 8. INDEMNIFICATION , 24
Section 801 Indemnification by the Developer 24
Section B 02 Indemnification by the City 25
Section 8 03 Limitation of Indemnification, 26
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF
THE DEVELOPER , 26
Section 901 Representations and Warranties , 26
Section 902 Covenants 28
ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF
THE CITY, 29
Section 10 01 Representations and Warranties 29
Section 10 02 Covenants . 30
ARTICLE 11. CONDITIONS PRECEDENT 31
Section 11 01 The Developer AcqUlnng Project Site 31
Section 11.02 Construction of Project ." 32
Section 11 03 Responsibilities of the Parties for Conditions Precedent , 32
ARTICLE 12. DEFAULT; TERMINATION 32
Section 12,01 Project Default by the Developer 32
Section 1202 Default by the City . 34
SectIon 1203 Obligations, Rights and Remedies Cumulative 36
Section 12.04 Non-Action on Failure to Observe PrOVIsions of this
Agreement 36
Section 1205 Termination 36
SectIon 12 06 Termination Certificate 38
ARTICLE 13. RIGHT TO CONTEST , 38
SectIon 1301 Right to Contest 38
Section 13 02 Conditions 38
Development Agreement
ADOPTED 03/01/2001 Page Ii
Or~I~~~l~S COUNTY rlR
8K J .1278 PG 8S.I
ARTICLE 14. ARBITRATION
39
Section 1401 Agreement to Arbitrate
Section 1402 AppoIntment of Arbitrators
Section 14 03 General Procedures
Section 14 04 Majority Rule
SectIon 1405 Replacement of Arbitrator
Section 14 06 DecIsion of Arbitrators
Section 14 07 Expense of Arbitration .
SectIon 14 08 Accelerated ArbItration
Section 14 09 Applicable Law
Section 14 10 Arbitration Proceedings and Records
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ARTICLE 15. UNAVOIDABLE DELAY
43
Section 15.01 Unavoidable Delay
43
ARTICLE 16. RESTRICTIONS ON USE.
44
Section 16 01 Project
44
ARTICLE 17. FIRE OR OTHER CASUALTY; CONDEMNATION
44
Section 1701 Loss or Damage to Project " , , 44
Section 17 02 Partial Loss or Damage to Project , . _ 45
Section 17,03 Project Insurance Proceeds. .. . , 45
Section 17 04 Notice of Loss or Damage to Project . 45
Section 17,05 Condemnation of Project or Project Site; ApplicatIOn
of Proceeds 45
ARTICLE 18. MISCELLANEOUS
46
SectIon 18 01 Assignments ... ..
Section 18 02 Successors and AssIgns
Section 18 03 Notlces_
SectIon 18 04 Applicable Law and Construction
Section 18 05 Venue, Submission to Junsdlction
Section 18 06 Estoppel Certificates
SectIon 18 07 Complete Agreement; Amendments
Section 18 08 Captions
Section 18 09 Holidays
SectIon 18 10 Exhibits
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Section 18 11 No Brokers
Section 18 12 Not an Agent of City
Section 18 13 Memorandum of Development Agreement
Section 18,14 Public Purpose
Section 18 15 No General Obligation
Section 18 16 Other Requirements of State Law
Section 18 17 Technical Amendments, Survey Corrections
Section 18 18 Term, Expiration, Certificate
Section 18 19 Approvals Not Unreasonably Withheld
Section 18 20 Effective Date
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EXHIBITS
Legal Descnptlon of Controlled Property & RIght of Way to Be Vacated
A
Project Descnptlon
B
Project SIte
,C
Project Development Schedule
o
Covenant Tnp Generation Management Program
E
Covenant Regarding HUrricane Watch Closure
F
.G
List of Required Permits & Approvals,
Public Improvements .
,H
AppraIsal Instructions
, I
Cafe Seating ."
J
Covenant of UnIfied Use
K
License Agreement
L
Development Agreement
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ThIS Agreement for Development of Property (the "Agreement") IS made as of thIs /S-r:IL
day of March, 2001, by and between THE CITY OF CLEARWATER,. FLORIDA, a Florrda
mUnicipal corporatIOn (the "City"), and CLEARWATER SEASHELL RESORT, L C , a
Florida limited liability company (the "Developer").
WITNESSETH'
WHEREAS, the CIty of Clearwater has embarked on a community revItalization
effort for Clearwater Beach;
WHEREAS, one of the major elements of the City'S revItalization effort IS a
preliminary design for the revItalization of Clearwater Beach entItled Beach by DesIgn,
WHEREAS, Beach by Design IdentIfies a need for addItional public parking on
Clearwater Beach,
WHEREAS, Beach by DesIgn calls for the removal and replacement of surface
parking spaces located to the west of South Gulfvlew to the south of Pier 60 Park,
WHEREAS, the City has adopted Beach by DesIgn pursuant to the Plnellas
Planning Counclf's Rules In support of the City'S ComprehenSive Plan,
WHEREAS, Clearwater Seashell Resort, L.C has proposed to develop a mixed use
project on certa In property fronting on South G u Ifvlew (the" Project Site") a nd has proposed
to include at least seven hundred and fifty (750) parking spaces of which at least four
hundred (400) spaces shall be open to the public,
WHEREAS, It IS necessary that the City take certain actions In order to make It
possible for Clearwater Seashell Resort, L.C to develop the Project Site In accordance
with the goals and objectives of Beach by Design,
WHEREAS, the City has conducted such hearings as are requtred by and In
accordance wIth Chapter 163 3220 et sea Fla, Stat and applicable law,
WHEREAS, the City has determined that as of the Effective Date of thIS Agreement,
the proposed development IS consistent with the City's ComprehenSive Plan and Land
Development Regulations,
WHEREAS, at a duly called publIc meeting on March 1, 2001, the City CommiSSion
approved thiS Agreement, and authorized and directed ItS execution by the appropriate
offiCIals of the City, and
Development Agreement
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WHEREAS, the members of Clearwater Seashell Resort, L C have approved this
Agreement and has authorized certaIn IndIviduals to execute this Agreement on ItS behalf
NOW, THEREFORE, In consIderation of the mutual promises and covenants
contained herein, the parties hereby agree as follows
ARTICLE 1.
DEFINITIONS.
1.01. Definitions. The terms defined In this ArtIcle 1 shall have the following meanings
except as herein otherwise expressly provided-
1 "Agreement" means this Agreement for Development of Property Including any
Exhibits and any amendments thereto
2. "Beach by Design" or "Plan" means the strategic redevelopment plan for Clearwater
Beach dated 2001 which was adopted by the City Commission pursuant to the
provIsions of the Plnellas County Planning Council's Rules for the designation of a
Community Redevelopment District
3 "City" means the City of Clearwater, Flonda, a Flonda municipal corporation
4 "City Commission" means the governing body of the City
5 "Commencement Date" means the date on which Developer commences or causes
a Contractor to commence construction (see Section 5 05(12))
6 "Completion Date" means the date on which the last certificate of occupancy
required for the Project IS Issued,
7 "Construction Completion" means the date a Construction CompletIon Certificate
IS issued (see Sect/on 7 03)
8 "Controlled Property" means those properties within the Project Site which are
subject to a purchase contract In favor of the Developer or an affiliate or nominee
on the Effective Date of this Agreement (see Section 501) whIch are more
partIcularly desCribed In the legal description set out In Exhibit A to this Agreement
9 "Developer" means, for the purposes of this Agreement, Clearwater Seashell
Resort, L C and ItS successors and assigns as provIded In Article 18
10 "Effective Date" means the date of approval and execution of this Agreement
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11 "Exhibits" means those agreements, dIagrams, drawings, specIfications,
Instruments, forms of Instruments, and other documents attached hereto and
desIgnated as exhibits to, and Incorporated In and made a part of, this Agreement
12 "Garage Access Improvements" means the pedestnan overpass, landing, arcade,
elevated sIdewalk, and facilities to provIde concessIons along the western facade
of the Project which are proposed In conjunctIon With the development of at least
four hundred (400) parking spaces as a part of the ProJect which are to be available
to the general publiC and to be owned by the City, as more particularly described on
Exhibits Hand L
13 "Meeting Space" means any bUilding floor area which can be used In conjunction
With conference or meeting actIVItIes
14 "Net Cost of South Gulfvlewand Beach Walk Improvements" means the total cost
of the Improvements, Including debt service, fees, and return on eqUity, net of a)
any Impact fee credits credited against the cost of the Improvements, and b) any
other fund In9 made avaIlable by or through the City which are not generated by the
Project
15, "Net Increase In taxes" means that Increase In revenues above the amount In either
mUnicipal ad valorem taxes or utility taxes paid by the owner of the Controlled
Property as of the Effective Date of this Agreement
16 "PermIts" means all land development approvals and consents required to be
granted, awarded, Issued, or given by any governmental authority In order for
construction of the Project, or any part thereof, to commence, continue or be
completed
17. "Plans and Specifications" means, as to each part of the Projectto be developed,
the site plan for the Project to be developed, filed With the CIty as required by the
Land Development Regulations for the purpose of review and approval
18, "Project" means, collectively, the concept of development for a resort hotel
proposed by the Developer as descnbed In Section 2 03(1) of thiS Agreement and
the preliminary plans which are attached hereto as Exhibit B
1 9 "Project Site" means the land area generally bounded by the western edge of the
nght-of-way of Coronado Street, on the north by the southern boundary of the
Golden Sands Motel property, sometimes referred to as the "Spyglass property", on
the south by the northern boundary of the property popularly known as the
"Legends property," and on the west by the centerline of South Gulfvlew, which IS
more particularly deSCribed and depicted on Exhibit C (see Section 502)
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PINtLLRS COUNTY FLR
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20 "South Gulfvlew and Beach Walk Improvements" means the proposed realignment
of South Gulfvlew and the construction of a thirty-five (35) foot wide promenade, a
fifteen (15) foot bIcycle/skating path, a fifteen (15) foot beachfro nt pedestna n path,
fifty (50) paid surface parking spaces and assocIated landscaping from the northern
edge of the rig ht -of -way of First Street to a Iln e wh Ich represents an extens Ion of the
southern wall of the South Beach Pavilion eastward to the eastern boundary of the
eXisting nght-af-way of South Gulfvlew, as more particularly shown on Exhibit H,
21 "Termination Date" means the date a termination certificate IS issued pursuant to
Article 12.
22 "Termination tor Cause" means a termInation which results from an uncured,
matenal breach of the Agreement
23 "Unavoidable Delay" means a delay as descnbed In Article 15 hereof
24 '''Vacation of Rights-of-Way" means the abandonment of the nght-ot-way at Third
Street between the right-of-way of Coronado and the centerlIne of the eXisting nght-
of-way of South Gulfvlew and the eastern half of the eXisting nght-of-way of South
Gulfvlew withIn the Project Site by the City In favor of Developer, In order that the
goals and objectives of the Comprehensive Plan may be better accomplished
1.02 Use of Words and Phrases. Words of the masculine gender shall be deemed and
construed to Include correlative words of the feminine and neuter genders, Unless
the context shall otherwise Indicate, the Singular shall Include the plural as well as
the Singular number, and the word "person" shall Include corporations and
associations, limited liability corporatIons and partnerships, Including public bodies,
as well as natural persons "Herein," "hereby," "hereunder," "hereof,"
"hereinbefore," "hereinafter" and other eqUivalent words reterto this Agreement and
not solely to the particular portion thereot In whIch any such word is used
1.03. Florida Statutes. All references herein to Flonda Statutes are to Flonda Statutes
(2000), as amended from time to time
ARTICLE 2. PURPOSE AND DESCRIPTION OF PROJECT.
2.01. Finding of Public Purpose and Benefit The proposed Project, Including the
acquIsition of the Controlled Property by the Developer and the design,
constructIon, completion and operation of the Project, and each part thereof, IS
hereby found by the parties hereto (1) to be consistent wIth and In furtherance of
the objectives of the Comprehensive Plan of the City at Clearwater, (2) to conform
to the provisions of Flonda law, (3) to be In the best Interests of the citizens of the
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City, (4) to further the purposes and objectives of the City, (5) to further the public
Interest on Clearwater Beach, and (6) to Implement Beach by Design for South
Gulfvlew, Including the removal of parking from the dry sand beach, Implementation
of the South Gulfvlew and Beach Walk Improvements and the Garage Access
Improvements to be constructed as a part of the Project
2.02. Purpose of Agreement The purpose of this Agreement IS to further the
Implementation of Beach by Design by providing for the development of the Project
SIte and the construction of certain public Improvements, all to enhance the quality
of life, Increase employment and Improve the aesthetic and useful enjoyment of
Clearwater Beach and the City, all In accordance With and In furtherance of the
Comprehensive Plan of the City of Clearwater and as authOrized by and In
accordance With the proviSIons of Flonda law
2.03. Scope of the Project.
1 The Project shall only Include public parking, pnvate parking, resort hotel and
retail uses and appropriate accessory uses and shall be developed In
substantial conformity With the preliminary plans of development which are
attached as Exhibit B When all reqUIred approvals Including designation of
the Project Site as a "Community Redevelopment Drstnct," pursuant to the
Plnellas County Planning Council's Rules which authOrizes an increase In
hotel Unit density pursuant to the prOVIsions of Beach by Design have been
granted by the appropriate authOrities pursuant to applicable law, the
intensity of permitted use on the Project Site shall be'
Public parking - at least 400 spaces
Pnvate parking - at least 350 spaces
Hotel - 250 Units Including up to 20,000 square feet of Meeting Space
Retall- not more than 50,000 square feet of floor area
If the change desCribed In Section 3 01 (2) IS not approved pursuant to all
applicable rules, regulations and laws and a Communlty Redevelopment
District hotel density bonus program IS not established, the City and
Developer agree to work together In good faith to agree on an economically
VIable alternative development, which shall Include at a minimum 400
parking spaces to be available to the public In addItion, If the change
desCribed rn Section 3 01 (2) IS not approved and the City and the Developer
cannot agree on an economIcally viable alternative development, the City
and the Developer agree to negotiate a sale whereby the City may buy the
Development Agreement
ADOPTED 03/01/01
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Controlled Property at fair market value, to be established by an appraisal
process The appraisals shall be conducted by t\.vo (2) appraisers retained
by the City One of the appraisers shall be selected from a list of qualified
appraisers submitted to the City by the Developer In the event that the t\.vo
(2) appraisals are within t\.venty percent (20%) of each other, the fair market
value shall be the average of the t\.vo (2) appraisals In the event that the
appraisals differ by more than t\.venty percent (20%), the t\.vo appraisers shall
select a third appraiser from the City'S master list of qualified appraisers,
including the list submitted by the Developer, and the third appraiser shall
select among the t\.vo (2) appraisals which In the opinion of the third
appraiser most accurately represents the fair market value of the property
2 Nothing shall preclude the Developer from developing or operating all or
portions of the Project elements uSing any ownership format permitted under
Flonda Statutes Including Individual ownership formats
3 Up to twenty-five percent (25%) of the hotel umts may be sUites with
kitchens, Including all typical kitchen equipment and amenities
4 Notwithstanding any other provIsion of thiS Agreement, no occupancy In
excess of thirty (30) days per stay shall be permitted In any unit which IS
developed as a part of the Project
5 As a condition of the allocation of bonus hotel Units pursuant to the
designation of Clearwater Beach as a Community Redevelopment District
pursuant to the Plnellas County Planning Council's Rules, the Developer
shall comply with each of the standards established In Beach by Design,
Including.
a The resort hotel which IS a part ofthe Project shall provide a full range
of on and off site amenities for the guests of the resort, including a full
service restaurant, room service, valet parking, exerCIse facIlities,
pool, and meeting areas and access to boating, fishing and golf off-
site Off site amenities may be proVided through a concierge service
b The resort hotel which IS a part of the Project shall be operated as a
Marriott Resort or other comparable national or International "flag" or
brand or as part of another comparable marketing affiliation or
program which Will ensure the repositioning of Clearwater Beach as
a national and internatIonal resort destination
c Pnor to the Issuance of a certificate of occupancy for the resort hotel
which IS a part of the ProJect, the Developer shall record a covenant
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and restrrctlon which IS enforceable by the City, substantIally In
accordance with Exhibit E, limiting the use and operation of the resort,
which IS enforceable by the City, obligatIng the Developer to develop,
Implement and operate, at all times when the resort hotel IS open, a
Trip Generation Management Program which shall Include the
provIsion of non-prrvate automobile access to and from the resort
which shall Include at least an airport shuttle and resort-provIded
transportation to off-site amenitIes and attractions
d Prror to the Issuance of a bUilding permit authorrzlng the construction
of the resort hotel Units, the Developer shall record a covenant and
restrrctlon whIch IS enforceable by the City, substantIally In
accordance With Exhibit F, on the use and operation of the resort,
which IS enforceable by the City, that obligates the Developer to close
and vacate all persons (except for emergency personnel required to
secure and protect the faCIlities) from the resort hotel Within twelve
(12) hours after the Issuance of a hurncane watch by the National
HUrricane Center which Includes Clearwater Beach
2.04. Cooperation of the Parties. The City and the Developer recognize that the
successful development of the Project and each component thereof IS dependent
upon the continued cooperation of the City and the Developer, and each agrees that
It shall act In a reasonable manner hereunder, provide the other party With complete
and updated Information from time to time, With respect to the conditions such party
IS responsible for satisfying hereunder and make ItS good faith reasonable efforts to
ensure that such cooperation IS contInuous, the purposes of thiS Agreement are
earned out to the full extent contemplated hereby and the Project IS deSIgned,
constructed, completed and operated as provided herein.
ARTICLE 3. REGULATORY PROCESS.
3.01. Land Development Regulations
1 Land Use DeSignation The Project Site IS deSignated Tourrst Dlstnct In the
City'S Land Development Regulations
2 Amendments to ComprehensIve Plan & Land Development ReQulatlons The
City agrees to Initiate an amendment to the Comprehensive Plan of the City
of Clearwater to update the Plan to recognize the Goals and Objectives set
forth In Beach by DeSign and to take all steps necessary to deSignate
Clearwater Beach as a Community Redevelopment DIstrict In accordance
With Beach by DeSign pursuant to Plnellas County Planning CounCil Rules,
and, In the event thIS deSignation IS obtained, the City shall initiate
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PIN~LLRS COUNTY rLR -
OFF REC 8K 11278 PO 871
approprrate proceedings to allocate an addItional one hundred eIghty-five
(185) hotel umts, for a total of two hundred fifty (250) hotel umts to the
Project Site In accordance wIth applicable law
3.02 Development Approvals and Permits.
1 Apollcatlons for Development Approval The Developer shall prepare and
submit to the approprrate governmental authorrtles, Including the CIty,
applIcations for approval of all plans and specifications necessary for the
Project, and shall bear all costs of preparrng such applications, applying for
and obtaining such permIts, including payment of any and all applicable
application, InspectIon, regulatory and Impact fees or charges, subject to the
prOVISions of Section 5 05(5) The CIty shall, to the extent possible, expedite
review of all applicatIons, Including foundation permits A list of all permits
and approvals required to Implement the provIsions of thiS Agreement IS
attached as ExhibIt G The failure of thiS Agreement to address a particular
permit, condition, or term of restrrctlon shall not reheve the Developer of the
necessity of complYing With the law governIng said permitting reqUirements,
conditions, terms or restrrctlons
2 Schedule A Project Development Schedule IS attached to thiS Agreement
as Exhibit D that Identifies specific tasks to be completed through the entire
Project, starting With the Issuance of a foundation permit and installation of
pilings Adherence to the schedule Will enable the Developer to document
a contInuous construction project to the State of Flonda
3 CIty Cooperation and Assistance The City shall cooperate With the
Developer In obtalmng all necessary Permits reqUired for the construction,
completion and opemng for business of the Project If requested by the
Developer and authOrized by law, the City Will JOin In any application for any
Permit, or, alternatively, recommend to and urge any governmental authority
that such Permit or Permits be Issued or approved
4 City AuthOrity Preserved The City'S duties, obligations, or responsibilities
under any section of thiS Agreement, specifically Including, but not lImited to,
thIS Section 3 02, shall not affect the City'S rrght, duty, obligation, authorrty
and power to act In ItS governmental or regulatory capacIty In accordance
WIth applicable laws, ordinances, codes or other bUilding regulations
NotwIthstanding any other prOVISIon of thiS Agreement, any reqUired
permItting, licensing or other regulatory approvals by the Crty shall be subject
to the established procedures and substantive reqUirements of the City With
respect to review and permittIng of a project of a SImIlar or comparable
Development Agreement
ADOPTED 03/01/01
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nature, size and scope In no event shall the City, due to any provIsion ot
this Agreement, be obligated to take any action concerning regulatory
approvals except through ItS established procedures and In accordance with
applicable prOVISIons of law
5 Impact Fees The CIty shall use Its best efforts to secure or provide any
lawfully available credits against Impact tees applicable to the Project which
are authonzed under eXisting laws and regulations tor public Improvements
constructed and paid tor by the Developer In the event that the City IS
unable to secure a credit against any Impact fees, the CIty shall use ItS best
efforts, within the limits of the applicable law, to allocate Impact fees
collected from the Developer to the public Improvements which are described
In ExhibIt H to this Agreement or other Improvements In the Immediate
VICInity of the Project Site
3.03. Concurrency.
1 Concurrency ReQUired The parties hereto recognize and acknowledge that
Florida law (specifically, Part II, Chapter 163, Florida Statutes, and Rule 9J-
5, Florida AdministratIve Code, collectively the "Growth Management Act")
Imposes restrictions on development It adequate pubhc Improvements are
not available concurrently with that development to absorb and handle the
demand on public services caused by development The City has created
and Implemented a system for mOnitoring the effects at development on
public services within the City, The Developer recognizes and
acknowledges It must satisfy the concurrency reqUirements of Florida law
and the City'S regulations as applied to this Project,
2 Reservation of Capacity The City hereby agrees and acknowledges that as
of the Effective Date of th IS Ag reament, the Project satisfies the co ncurrency
reqUirements of Flonda law The City agrees to reserve the reqUired
capacity to serve the Project for the Developer and to maintain such capacity
for a penod of three (3) years from the Effective Date of this Agreement and
that such period shall be automatically extended for an additional three (3)
years If the Developer commences construction wIthin the InItial three (3)
year penod The CIty recognizes and acknowledges that the Developer Will
rely upon such reservation in proceeding with the Project
3 ReQUired Public FacIlitIes In additIon to the obligations of the City and the
Developer set out In Article 5 of this Agreement, the Water Utilities
Department of the City Will prOVide potable water service and sanitary sewer
service to the Project
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ADOPTED 03101/01
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OFF REC BK 11278 P~ 87~
ARTICLE 4. PLANS AND SPECIFICA liONS.
4.01. Plans and Specifications
1 Responslbllltvfor Preparation of Plans and Specifications The Developer
shall be solely responsible for and shall pay the cost of preparing, sUbmIttIng
and obtaining approval of the Plans and SpecificatIOns for the Project
2 Use of Qualified ProfeSSionals The Developer shall retaIn qualified
profeSSionals to prepare the Plans and Specifications and shall cause such
profeSSionals to prepare the Plans and Specifications
3 Approval of Plans and SpecificatIons for the Parklno Spaces Which Are To
Be Available to the Public In order to ensure that the design of the parking
spaces whIch are to be avaIlable to the public Will achieve the CIty'S purpose
In making parking available on Clearwater Beach, the Plans and
Specifications for the Project shall be submitted to the City for review and
comment prior to the submISSion of any application for a bUilding perrmt,
other than a foundation permit The City agrees to dIlIgently proceed With and
complete ItS review of the Plans and Specifications, and respond to the
Developer as soon as reasonably possible after receipt thereof and adVise
the Developer In writing of the City'S comments and obJections, if any,
thereto The City shall notify the Developer in writing WithIn thirty (30) days
of recerpt that the Plans and Specifications have or have not been approved,
and In the case of dIsapproval, the specific reason(s) for such disapproval
If the Plans and Specifications submitted to the City by the Developer
substantIally comply With thIS Agreement and further the purposes of the
ComprehenSive Plan, the City shall approve the Plans and Specifications as
submitted
ARTICLE 5. PROJECT DEVELOPMENT
5.01. Ownership of Project Site. The Developer IS the contract purchaser of certain
parcels of land WithIn the Project SIte which are more particularly descnbed In Exhibit
A to thIS Agreement ("Controlled Property")
5.02. Project Site. The PrOject Site consists of those properties located In an area which
IS bounded by the western fight-at-way of Coronado Street, on the north by the
southern boundary of a parcel of land generally known as the Golden Sands Motel
property, on the south by the northern boundary ot a parcel of land generally known
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as the "Legends" property, and on the west by the centerline of South Gulfvlew as
more particularly descnbed In Exhibit C -
5.03. City's Option to Purchase. At any time wIthIn five (5) years after the Issuance of a
certificate of occupancy for the parkIng spaces which are to be available to the
public, In the event that the CIty determines that the parking rates charged by the
Developer for the parking spaces whIch are available to the publIC are unreasonable,
which for the purposes of thIs Paragraph shall be two and thirty five one hundredths
(2 35) times the parking rate necessary to cover debt selVlce reqUired to pubhcly
construct a comparable parkIng space, the City shall have the option to purchase the
parking spaces which are to be available to the public from the Developer, In the form
of a condominium ownership, at the fair market value of the spaces at the time the
City exercises Its aptian The faIr market value of the parking spaces shall be
determined by appraisal of the property pursuant to the appraisal instructIons
attached hereto as Exhibit I The appraIsals shall be cond ucted by two (2) appraisers
retained by the City One of the appraisers shall be selected from a list of qualified
appraisers submitted to the City by the Developer In the event that the two (2)
appraisals are WIthin twenty percent (20%) of each other, the fair market value shall
be the average of the two (2) appraisals, In the event that the appraisals differ by
more than twenty percent (20%), the two appraisers shall select a third appraIser
from the City'S master list of qualIfied appraisers, Including the list submitted by the
Developer, and the third appraiser shall select among the two (2) appraIsals which
in the opinion of the third appraiser most accurately represents the fair market value
of the parking spaces
5.04. City's Obligations.
1 Vacation of RIQhts-of-Wav The Developer shall apply for and the City
Commission shall consider the adoption of an ordinance vacating the rrght-
of-way of 3rd Street between Coronado Avenue and the centerline of the
existing rrght-of-way of South Gulfvlew Dnve and the eastern half of the
eXisting right-of-way of South Gulfvlew Dnve Included WIthin the Project Site,
as depicted on ExhibIt H
2 Road and Sidewalk Improvements The City shall take all actIons necessary
to allow for the re-allgnment of South Gulfvlew Drrve between 151 Street and
the Adams Mark Resort and the ImplementatIon of the South Gulfvlew and
Beach Walk Improvements, as shown on ExhibIt H South Gulfvlew Dnve,
as re-ahgned, shall be traffic calmed to control speed
3 Parkln9 GaraQe In the event that the CIty exercIses Its optIon to purchase
publiC parking spaces as proVided In Section 5 03 of thIS Agreement, not less
than forty percent (40%) of the parkIng spaces located on the first two levels
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of the garage shall be designated as public spaces and such spaces to be
conveyed shall be located In discrete areas whIch are reasonably accessible
to the pOint or pOInts of access to the beach
4 Permits The City will cooperate and coordInate with the Developer wIth
regard to all permit applications, IncludIng those to state agencies, and will
facIlitate or expedite, to the greatest extent possible, the permit approval
process
5 AuthOrity for Cafe Seatlna The City shall consider the adoption of a
regulation authOriZing the use of portions of the west thirty-five (35) feet of
the South Gultvlew Dnve nght-af-way eXisting on the Effective Date of thiS
Agreement for outdoor cafe seating and associated actIVItIes In accordance
With the terms of Exhibit J, provided that such activities shall not Interfere
with the use of the west half of the th Irty- five (35) feet of the eXlstl ng rig ht -of-
way of South Gultvlew Drive for pedestnan and vehicular movement In
accordance With the provIsions of Beach by Design, including the Intra-beach
transit system proposed In Beach by Design
6 Garage Access Imorovement Aooroval The City shall grant the Developer
the authOrity to construct the Garage Access Improvements and associated
pedestrian facIlities extending from the Project Site across the re-allgned
South Gulfvlew Dnve to publiC land, as shown on Exhibit H
7 Concessions The City shall grant the Developer authonty to operate
concessions on land to the west of the existing centerline of South Gulfvlew
Drive, subject to any eXisting franchise or concession nghts and compliance
With all reqUirements of the City Code, and subject to a long term license
agreement to be approved by the City, substantially In the form as Exhlbrt L.
The license agreement shall be for a term of 50 years, commencing on the
date the faCIlities are available for use, and be subject to a nght of
termination by the City for an uncured breach of a matenal obligation by the
Developer Such concessIons may Include a facIlity open to the public which
provides towels, lockers, minImal beach sundries, chaIrs, and other beach
gear reqUired to operate a first-class beach hotel Such faCIlities shall be
bUilt Into the beach landing portion of the pedestnan overpass, as more
particularly depicted on ExhibIt H
8 Removal of ParkIng In conjunction With the Project, the City agrees to the
removal of the off-street parkIng spaces which are located on the beach
between the concession bUilding located between 3fd and 5th Streets and the
Pier 60 lot (approximately 317 spaces) The new design for the realignment
of South Gulfvlew Drive and the South Gulfvlew and Beach Walk
Development Agreement
ADOPTED 03/01/01
Page 12
PIN~LLR5 COUNTY rLR
OFF ~~C 8K 11278 PO 875
Improvements, as described In Exhibit H, Includes two (2) parking areas of
twenty-five (25) parking spaces each on the east side of the re-allgned road
9 Approval of Plans and SpecificatIOns forthe South Gulfvlew and Beach Walk
Improvements The Developer IS obligated to prepare Plans and
Specifications for the South Gulfvlew and Beach Walk Improvements, At
least thirty (30) days prior to applYing for a bUilding permit for the South
Gulfvlew and Beach Walk Improvements, the Developer shall submit a
complete draft of such plans to the City for review and comment The City
shall promptly review such plans and provIde comments and recommended
modifications to the Developer Within thirty (30) days of receipt The
Developer shall incorporate the City'S comments and recommended changes
In the Plans for the South Gulfvlew and Beach Walk Improvements and the
City shall review and approve the plans and speCifications Within thirty (30)
days after submission of the Plans and SpeCifications for the South Guffvlew
and Beach Walk Improvements
1 0 PubliC FinanCing of Public Improvements Subject to agreement and request
by the Developer, the City shall provide the Developer With finanCing, to the
extent permitted by Jaw without a referendum, prOVided that such debt will
be serviced only by special revenues generated by the Project The
maximum amount of the finanCing shall depend on the final deSign of the
South Gulfvlew and Beach Walk Improvements and the net cost of
construction, The cost of the South Gulfvlew and Beach Walk Improvements
shall be net of any credits against Impact fees which are available under
eXisting law and the Developer's fair share of the South Gulfvlew and Beach
Walk Improvements The City agrees to make the following sources of
revenue available for debt service of any public financing for the South
Gultvlew and Beach Walk and Garage Access Improvements
a Net operating Income from the fifty (50) new parking spaces created
as a part of the South Gulfvlew and Beach Walk Improvements, and
b Fifty percent (50%) of the net Increase In muniCipal ad valorem taxes
and utility taxes generated by the Project,
11 Timely Completion The City recognizes the public Importance of the timely
completion of the proposed Improvements, and time IS deemed to be of the
essence The City conSiders thiS Agreement as overall authonty for the
Developer to proceed to permit, and agrees to Implement a fast-track reView,
permlttmg, and inspection program tor thiS ProJect.
Development Agreement
ADOPTED 03/01/01
Page 13
",1
~INrLLRS COUNTY rLR
Orr R~C 8K 11278 ~a 8??
12 Additional Public Parklna The City agrees that the City will not use public
funds to provide more than three hundred (300) additional parking spaces
(net Increase In the number of spaces above the number of public parking
spaces In eXistence on the effective date of thIs Agreement) which are
ava lIable for use by the pub Ilc with I n a rad I us of aqua rte r -m I Ie of the Project
Site for a period of five (5) years after the Issuance of a certificate of
occupancy for the Project, unless otherwise agree to by the Parties
5.05. Obligations of the Developer
1 Resort Hotel and Parklna Garage Prolect. The Developer shall bUild and
operate a two hundred and fifty (250) room resort hotel to be operated as a
Marriott resort or other comparable International hotel/resort management
company together with a parking garage containing at least seven hundred
and fifty (750) parking spaces In the event that the Developer deterrmnes
to operate the resort hotel under a different Uhotellresort" name, the
Developer shall obtain the City'S approval, whIch shall not be unreasonably
Withheld, providing that the reputation and- qualifications are comparable to
the Marriott organization The parking spaces shall be no narrower than nine
(9) feet and no shorter than eIghteen (18) feet, and no two-way aisle shall be
less than twenty five (25) feet In width
2 Responsibility for On-Site Costs The Developer shall be responsible for all
on-site costs relative to the development of the ProJect, Including the parking
spaces which are reqUired to be open to the public
3 Parklnq The Developer agrees to make at least four hundred (400) parking
spaces Within the Project available to the general public Within the parking
garage The Developer may charge the public for use of the parking spaces
which are available to the general public on terms and rates whIch are
market-based and commensurate With terms and rates which are In effect
for comparable beachfront, covered parking structures In FlOrida resort
areas
40 South Gulfview and Beach Walk and Garage Access Improvements The Developer
shall be responsIble for the design and constructIOn of the South Gulfvlew and Beach
Walk and Garage Access Improvements
5, Cost of South GulfvIew and Beach Walk and Garage Access Improvements "The
Developer shall be responsible for fundmg the total cost of the South Gulfview and
Beach Walk and Garage Access Improvements, subJect only to the foIlowmg'
Development Agreement
ADOPTED 03/01/01
Page 14
,.<1
PINELLR$ COUNTY rLR
Orr REC SK 11278 PG 878
a, In the event that Impact fee credIts are avaIlable to the Developer, such
credIts shall be credIted to the Developer agamst the cost of the South
Gulfview and Beach Walk Improvements
b, The Developer shall be responsible for a pro rata share of the cost of the
South GulfvIew and Beach Walk Improvements which shall be equal to the
net cost of the South Gulfview and Beach Walk Improvements multIplIed by
a fractIon In which the front footage of the Project SIte IS the numerator and
the total frontage along South GulfvIew and Beach Walk Improvements is the
denommator.
SPR =
F PROJ =
F SGBW =
CSGBW =
SPR = (FPRolFSGBW) X (CSGBW)
Pro Rata Share
Frontage of Project Site
Total Frontage along South Gulfvlew and Beach
Walk Improvements
Net Cost of South Gulfvlew and Beach Walk
Improvements
c In the event that any property which fronts on the South Gulfvrew and
Beach Walk Improvements IS proposed for redevelopment using the
pool of additIonal resort units established pursuant to Beach by
Design I the developer of such property shall be required to pay a pro
rata share of the cost of the South Gulfvlew and Beach Walk
Improvements as a conditIon of development approval The pro rata
share shall be equal to the total cost of the Improvements multiplied
by a fraction In which the front footage of the Project Site IS the
numerator and the total frontage along South Gulfvlew and Beach
Walk Improvements is the denominator.
SPR =
F PROJ =
F SG8W =
CSG8W =
SPR = (F ?RolF SGBW) x (CSGBW)
Pro Rata Share
Frontage of Project Srte
Total Frontage along South Gulfvlew and Beach
Walk Improvements
Net Cost of South Gulfvlew and Beach Walk
Improvements
The pro rata share paid by any such other developer shall be
promptly applied to the outstanding principal on any Indebtedness
Incurred to fund the South Gulfvlew and Beach Walk Improvements
Development Agreement
ADOPTED 03/01/01
!J
Page 15
~INELLRS COUNTY rLR
Orr REC 8K 11278 PO 879
d The net operatIng rncome from the fifty (50) surface parking spaces
which are constructed as a part of the South Gulfvlew and Beach
Walk Improvements shall be available to repay the Net Cost of the
South Gulfvrew and Beach Walk Improvements and the Garage
Access Improvements, for a period of time not to exceed twenty-five
(25) years
e The City shall make an amount available equal to fifty percent (50%)
of the net Increase In municipal ad valorem and utility taxes above the
ad valorem and utIlity taxes generated by the Improvements eXIsting
on the Project Site on the Effective Date of thIs Development
Agreement to repay any private Indebtedness Incurred to repay the
Net Cost of the South Gulfvlew and Beach Walk Improvements and
the Garage Access Improvements, for a penod of time not to exceed
twenty-five (25) years
f The Incremental utility tax, a portion of which IS to be made avaIlable
to service the debt Incurred to construct South Gulfvlew and Beach
Walk Improvements and the Garage Access Improvements, shall be
the Increase In utility taxes above the amount of annual utility taxes
paid by the owners of the eXisting Improvements on the Project Site
In the twelve (12) months preceding the Effective Date of this
Agreement, as documented by the Developer In the event that the
Developer falls, for any reason, to document the annual utility taxes
paid by the owners of the eXisting Improvements on the Project SIte
In the twelve (12) months preceding the Effective Date of thiS
Agreement, the Incremental utility tax which IS to be made avaIlable
to service the debt Incurred to construct South Gulfvlew and Beach
Walk Improvements and the Garage Access Improvements shall be
the Increase In utIlity taxes above the amount of annual utility taxes
paid by the Developer dunng the first year of operation of the Project,
which amount shall be prOVIded to the City Within thirty (30) days after
the end of the first year of operation.
6 Frnanclng of Improvements
a In the event that the publiC financIng proVIded for In Paragraph 10 of
Section 504 of thIS Development Agreement IS, for any reason,
unavailable to fund any portion of or all of the Net Cost of the South
Gulfvlewand Beach Walk Improvements and the Garage Access
Improvements, the Developer shall prOVIde the financing reqUIred to
fund the total cost of the Improvements
Development Agreement
ADOPTED 03/01/01
Page 16
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PINELLRS COUNTY rLA
orr ~tC SK 11278 PG 88a
b In the event that publIc financing IS available for all or a portIOn of the
Net Cost of the South Gulfvlew and Beach Walk Improvements and
the Garage Access Improvements, and the Developer provides
additional financIng pursuant to this paragraph, the Developer shall
be entitled, for a penod of not more than twenty-five (25) years, to
receive an annual payment equal to fifty percent (50%) of the
addltlonalmcremental ad valorem taxes plus the difference between
fifty percent (50%) of the Incremental utilIty tax generated by the
Project and the amount reqUired to service the public debt.
7 Other Improvements The CIty shall have an option to require the Developer
to Include the portIons of the Additional South Gulfvlew and Beach Walk
Improvements which are descnbed In Exhibit H on a "turn key" basIs,
provided that the City pays all costs of such share of the South Gulfvlew and
Beach Walk Improvements, includIng reasonable developer's fees, The
CIty'S option penod shall be for a term of twelve (12) months from the
Effective Date of this Agreement If the City declines to exercise Its option
and ItS twelve (12) months optIon penod expIres, then, upon wntten notice
to the City wlth'n thirty (30) days after the expiration of the option, the
Developer may elect to fund and construct these Improvements, and then
Include the cost of the additional Improvements In the South Gulfvlew and
Beach Walk Improvements financing
8 Covenant of Unified Use The Developer hereby agrees to execute the
covenant of Unified use and development for the Controlled Property
providing that the Controlled Property shall be developed as a single project
and operated and used as a Unified mixed use project, which IS attached as
Exhibit K; provided however, that nothing shall preclude the Developer from
selling all or a portion of the Controlled Property In a condominIum form of
ownership.
9 Quality and Value The Developer shall desIgn and construct the South
Gulfvlew and Beach Walk Improvements descnbed In ExhIbit H as a high
quality product In keeping WIth Beach by Design and the Seashell/Mamot
design, subject only to a final budget which the Parties agree IS
approximately three million five hundred thousand dollars ($3,500,000 00)
for the South Gulfvlew and Beach Walk Improvements not Including the
AdditIOnal South Gulfvlew Improvements to the south of the beach
concession bUilding, as depicted as Phase B In Exhibit H ("Additional South
Gulfvlew Improvements")
Development Agreement
ADOPTED 03/01/01
Page 17
PIN~LL~5 COUNTY rL~
OFF RtC 8K 11278 PO 881
10 Prolect Obhaatlons The Developer agrees to carry out the redevelopment
of the Project SIte by completing the purchase of all of the Controlled
Property, preparrng project plans and specificatIons, obtaining approvals by
governmental authontles necessary for development of the Project,
constructing vanous pnvate Improvements on the Project Site and operating
the Project as a unified and Integrated project The Developer shall take all
actIons necessary to maintain control of the Project Site, until a certIficate of
occupancy IS Issued bytheCI~
(t....-
11 Dedication of Rloht-of-Way Pnor to the Issuance of a bUilding permIt, other I,,,j
than a foundation permIt, authonzlng the construction of the res~r&~~ ~
Units, the Developer shall dedicate ten (10) feet along the entire e,..."
boundary ofthe Project SIte, including any land previously Included WIthin the
nght-of-way of Third Street to the CI~ as additional right-of-way for
Coronado Avenue
12 Commencement of Construction The Developer shall commence
construction of the Project Within twelve (12) months of the Effective Date of
thiS Agreement, unless the Cr~ shall have farled to gain approval of a
Community Redevelopment Dlstrrct, of which the Project Site IS a part, as
provided for In Section 3 01 of thiS Agreement ("Commencement Date"), or
as soon thereafter as possible after the authori~ for the Community
Redevelopment Dlstnct becomes effective and shall thereafter diligently
pursue completion of the Project
13 Construction and Performance Comoletlon Bond Pnor to commencing
construction of the South Gulfvlew and Beach Walk Improvements and the
Garage Access Improvements, and, In the event that the CI~ exercises Its
optIon In regard to the Additional South Gulfvlew and Beach Walk
Improvements, the Additional South Gulfvlew and Beach Walk Improvements,
the Developer shall provide the City WIth a peliormance bond In a form
acceptable to the City guaranteeing the completion of the South Gulfvlew and
Beach Walk Improvements and the Additional South Gulfvlew Improvements
ARTICLE 6. PROJECT FINANCING.
6.01. Notice of Project Financing to City. As soon as the Developer shall have obtained
any finanCing for any portion of the Project, the Developer shall provide the CI~ With
a sworn statement Identifying the Project Lender(s) and documenting the type of
finanCing that the Project Lender(s) has Issued In favor of the Developer for the
Project
Development Agreement
ADOPTED 03101101
Page 18
,I
PIN~LLRS COUNTY rLA
Orr R~C BK 11278 PG 882
6.02. Copy of Default Notice to City The Developer covenants and agrees that any
Project ConstructIon Financing documents shall Include provIsions which provide that
In the event any Project Financing shall become due and payable by matunty or
acceleratIon, the Project Lender shall grve wntten notice thereof to the City by
certified mall, return receipt requested Such notice from the Project Lender to the
City shall state the basIs of the default by the Developer and shall Include copies of
any pleadings In any proceeding Instituted by the Project Lender(s) Incrdent thereto
6.03. City Option to Pay Mortgage Debt or Purchase Project.
1 AsslQnment of Mortgage Any mortgage Instrument pertaining to any portion
of the Project Site In effect prror to Issuance of the Construction Completion
Certificate for such portion of the Project Site shall provide that following a
failure of the Developer to repay any Project FInancIng whIch shall become
due and payable by matunty or acceleration, the City IS entitled, upon giving
reasonable wntten notice to the Developer, the Project Lender(s) and any
other holder of such a mortgage, to an assignment of the mortgage secunng
the Construction Financing by paYing to the Project Lender an amount of
money not to exceed a sum equal to the amount of money advanced by the
Project Lender(s) to the Developer with respect to the Project Site, together
with unpaid accrued Interest on such amount, prepayment penalties, and all
other accrued charges of the Project Lender(s) (Including, without limitation,
reasonable attorneys' fees Incurred as a result of a default by the Developer
under the Project Construction FinancIng).
2 Entitlement to Conveyance If prior to the Issuance of a Construction
Completion Certificate, the ownership of any part of the Project located
thereon has vested In a Project Lender(s) or any other person by foreclosure
or any other action In heu thereof, the City shall be entitled, at Its election
exercisable within Sixty (60) days after the Project Lender(s) or other person
obtains or receives title to the Project Site or part of the Project Srte by
notice to such Project Lender(s) or other person, to a conveyance of the
Project Site or that part of the Project for which ownership has vested In the
Project ConstructIon Lender or other person to the City upon payment to the
Project Lender(s) or other person of an amount not greater than the sum of
(r) the larger of the money advanced by the Project Lender(s) or other
person to the Developer with respect to that Parcel and due and oWIng at the
time of the foreclosure or any other action In Iteu thereof or the amount paid
at foreclosure, less all appropriate credits, Including those resulting from
collection and application of rentals and other Income recerved dUring
foreclosure proceedings, (II) all reasonable expenses of the Project
Lender(s) or other person rncurred In connectIon with the foreclosure of the
Parcel or part of the ProJect, (Ill) the expense, If any, rncurred by the Project
Development Agreement
ADOPTED 03101/01
Page 19
-j
PIN~LL~S COUNTY rLA
OrF ~tC SK 11278 PO SS3
Lender(s) or other person In and as a direct result of the subsequent
management of the Project; (IV) any prepayment penalties and (v) an amount
equivalent to the Interest that would have accrued on the aggregate of such
amount had aU such amounts become part of the money advanced by the
Project Lender (5) or other person to the Developer with respect to the
Project Site and such money advanced had continued to be due and oWing;
and less Income resulting from the management of the Project subsequent
to the termination of foreclosure proceedings or the date that the Project
Lender(s) or other person obtained title to the Project SIte by deed In lieu of
foreclosure, whichever IS the earlier
ARTICLE 7. CONSTRUCTION OF SOUTH GULFVIEW AND BEACH WALK
IMPROVEMENTS AND GARAGE ACCESS IMPROVEMENTS.
7.01. Site Work. The Developer shall be responsible for all site Investigation,
environmental testIng, demolitIon and site cleanng In regard to the construction of
the South Gutfvlew and Beach Walk Improvements, the Additional South Gulfvlew
and Beach Walk Improvements In the event that the City exercises Its option
pursuant to Paragraph 504(1) of this Agreement and the Garage Access
Improvements
7.02. Construction
1 Commencement The Developer shall construct the South Gulfvlew and
Beach Walk Improvements, the Additional South Gulfvl6w and Beach Walk
Improvements In the event that the City exerCises Its option pursuant to
Paragraph 5,04(1) of thIs Agreement, and the Garage Access Improvements,
substantially In accordance with the Plans and Specifications therefor. The
Developer shall commence construction within twelve (12) months after the
Effective Date of thiS Agreement In accordance with Section 5 05( 12), unless
the City shall have failed to gain approval of a Community Redevelopment
Dlstnct, of which the Project Site IS a part, as provided for In SectIon 3 01 of
thiS Agreement ("Commencement Date"), or as soon thereafter as possible
after the authority for the Community Redevelopment Dlstnct becomes
effective and shall thereafter diligently pursue completion of the Project
a For purposes ofthls SectIon 702, "commence construction" means
commencement of meaningful phYSIcal development of that part of
the Project as authOrized by the BUilding Permit therefor which IS
continued and diligently prosecuted toward completion of that part of
the Project
Development Agreement
ADOPTED 03/01/01
Page 20
~j
~IN~~~RS COUNTY r~R
Orr R~C BK 1127B PG 884
b, All obligations of the Developer (Including deadlines In the
Commencement Date) with respect to commencement and
continuatIon of construction In regard to the South Gulfvlew and
Beach Walk Improvements, the Additional South Gulfvlew and Beach
Walk Improvements In the event that the City exerCises Its option
pursuant to Paragraph 5 04(1) of this Agreement and the Garage
Access Improvements, shall be subject to delays and extensions from
tIme to time for UnavoIdable Delay (see Article 15) The Developer
shall not be deemed to be In default of this Agreement to the extent
construction of the Project, or a part thereof, IS not complete by
reason of Unavoidable Delay
2 Pursuit of ConstructIOn, After the Commencement Date, the Developer shall
continue, pursue and prosecute the construction of the South Gulfvlew and
Beach Walk Improvements, the AdditIonal South Gulfvlewand Beach Walk
Improvements, In the event that the City exercises ItS option pursuant to
Paragraph 5 04(1) of this Agreement, and the Garage Access Improvements
with due diligence to completion, and shall not at any time actually or
effectively have abandoned (or ItS Contractor haVing actually or effectively
abandoned) the work For purposes of this subsection (b), "abandoned"
means to have ceased any construction work which effectively advances the
construction of the work toward completion, including removing all or
substantially all of the construction work force from the site of the South
Gulfviewand Beach Walk Improvements, the Additional South Gulfvlew and
Beach Walk Improvements, In the event that the City exercises ItS option
pursuant to Paragraph 504(1) of this Agreement, and the Garage Access
Improvements
3 Pavment of Contractors and Suppliers The Developer shall promptly pay,
or arrange to be paid, all moneys due and legally oWing to all persons or
organizatIons dOing any work or furnishing any matena/s, fuel, machinery or
supplies to the Developer or any Contractors In connection with construction
of any part of the South Gulfvl8W and Beach Walk Improvements, the
Additional South Gulfvlew and Beach Walk Improvements, In the event that
the City exerCises ItS option pursuant to Paragraph 5 04(1) of thiS
Agreement, and the Garage Access Improvements
4 Maintenance of ConstructIon Site Dunng the construction of the South
Gulfvlew and Beach Walk Improvements, the Additional South Gulfvlew and
Beach Walk Improvements, In the event that the City exercises Its option
pursuant to Paragraph 504(1) of thiS Agreement, and the Garage Access
Improvements, the Developer shall, at ItS own expense, keep the site of the
South Gulfvlew and Beach Walk Improvements, the Additional South
Development Agreement
ADOPTED 03/01/01
Page 21
J
PINELLA$ COUNTY rLA
OFF REC 8K 11278 FG SSS
Gulfvlew and Beach Walk Improvements, In the event that the City exercises
Its option pu rsu a nt to Pa rag raph 5 04 (1) of th IS Ag reeme nt, a nd the Ga rage
Access Improvements In good and clean order and condition, and the
Developer shall promptly make all necessary or appropriate repaIrs,
replacements and renewals thereof, structural or nonstructura/, ordinary or
extraordinary, foreseen or unforeseen All repairs, replacements and
renewals shall be equal In quality and class to the onglnal work, When
makIng such repairs, replacements or renewals, the Developer shall comply
with all laws, ordinances, codes and regulations then applicable to that part
of the South Gulfview and Beach Walk Improvements, the Additional South
Gulfview and Beach Walk Improvements, In the event that the CIty exercises
Its option pursuant to Paragraph 5 04( 1) of this Agreement, and the Garage
Access Improvements The Developer shall have the nght, after written
notice to the City, to contest by appropnate legal proceedings conducted In
good faith, the validity or applicabIlity of any such law, ordinance, code or
regulation, and to delay compliance thereWith pending the prosecution of
such proceeding, provided that such contest shall be In accordance With the
Right to Contest proVIsions of Article 13
7.03 Construction Completion Certificate.
1 For purposes of thiS Section 703, "completIon, "complete," "substantially
complete" or "substantIal completion" means, with respect to construction of
part of the South Gulfview and Beach Walk Improvements, the Additional
South Gulfvlew and Beach Walk Improvements, In the event that the City
exercises ItS option pursuant to Pa ragraph 5 04( 1 )of th IS Ag reement, and the
Garage Access Improvements, shall be the acceptance of the South
Gulfvlew and Beach Walk Improvements, the Additional South Gulfvlew and
Beach Walk Improvements, In the event that the City exercises ItS option
pursuant to Paragraph 5 04(1)of thiS Agreement, and the Garage Access
Improvements by the City
2 U pan the substantIa I com pletlo n of the co nstructlon of each pa rt of the South
Gulfvlew and Beach Walk Improvements, the Additional South Gulfvlew and
Beach Walk Improvements, In the event that the City exerCises Its optIon
pursuant to Paragraph 5 04(1) of thiS Agreement, and the Garage Access
Improvements In accordance With the provIsions of the Plans and
SpeCifications, the Developer shall prepare and execute the Construction
Completion Certificate, whIch shall then be delivered to the City Upon
receipt of the certificate, the City shall promptly and diligently proceed to
detenmne If construction of the Project has been completed substantially In
accordance With the Plans and SpeCifications and thiS Agreement Upon
making such a determination, the City shall execute the certificate and return
Development Agreement
ADOPTED 03/01/01
Page 22
,I)
PIN~LLR5 COUNTY rLR
Orr.R~C BK 1127B PG BSe
It to the Develope r The d ate of the Constru ctron Com pl13tlon Ce rtlficate shall
be the date when all parties shall have executed said certificate
3 The Constructron Completion Certificate shall constitute a conclusive
determination by the partIes hereto of the satisfaction and termination of the
oblIgations of the Developer hereunder to construct the South Gulfvl8W and
Beach Walk Improvements, the Additional South Gulfvlew and Beach Walk
Improvements, In the event that the CIty exerCIses ItS option pursuant to
Paragraph 5 04(1) of this Agreement, and the Garage Access Improvements
desCribed In the certIficate, proVided, however, that nothing In this Section
shall be a waIver of the nghts, dutIes, obligations or responsibilities of the
CIty or any other governmental entity acting In ItS regulatory or governmental
capacIty or an approval of saId construction
4 If the City shall refuse or fall to execute the Construction Completion
Certificate after receipt of a request by the Developer to do so, then the City
shall, Within ten (10) days after ItS receipt of such request, prOVIde the
Developer With a wntten statement setting forth In reasonable detail the
reason(s) why the City has not executed the Construction Completion
Certificate and what must be done by the Developer to satIsfy such
objectIOns so that the City would sign the certificate Upon the Developer
satIsfying the City'S objectIons, then the Developer shall submit a new
request to the City for execution of the ConstructIon Completion Certificate
and that request shall be considered and acted upon In accordance With the
procedures In thiS Section for the onglnal request.
5 If the City refuses to execute the certificate and the Developer does not
agree With the objections set forth in the City'S statement, then the Developer
may Invoke the arbitration procedures set forth In Article 14 hereof for the
purpose of determlnlng if the prerequIsItes for execution by all partIes of the
Construction Completion Certificate have been met, and If not, what actions
must be taken to satisfy such prerequIsites
6 The Construction Completion Certificate shall be In a form suffiCient to be
recorded In the public records of Plnellas County, Flonda After executIon
by the City, It shall be promptly returned to the Developer who shall record
the certIficate In the public records of Plnellas County, Flonda, and pay the
cost of such recordIng
7.04 City Not in Privity. The City shall not be deemed to be In pnvlty of contract With
any Contractor Of proVider of services With respect to the constructIon of any part
of the Project not constituting all or any part of publIC Improvements
Development Agreement
ADOPTED 03/01101
Page 23
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~IN~LLA$ COUNTY rlA
Orr,REC SK 11276 PG 8S7
7.05 Construction Sequencing and Staging Area. The Developer shall construct the
South Gulfvlew and Beach Walk Improvements, the Additional South Gulfvrew and
Beach Walk Improvements, In the event that the City exerCises Its optIon pursuant
to Paragraph 5 04(1) of thIs Agreement, and the Garage Access Improvements In
a manner and fashIon whIch wIll minImiZe the inconvenience of the constructIon on
the property owners of Clearwater Beach and the resIdents of the City Two (2)
lanes of two (2 )way traffic capacIty shall be maintained between FIrst Street and
the southern end of the site of the South Gulfvlew and Beach Walk Improvements,
the Additional South Gulfvlewand Beach Walk Improvements In the event that the
City exercises Its option pursuant to Paragraph 504(1) of this Agreement and the
Garage Access Improvements dunng the months of March, April, June, July and
August and whenever reasonably practicable dunng the rest of the year To the
extent reasonably practicable, the Developer shall make as many of the eXisting
parking spaces available for public use dUring construction The City agrees to
allow Developer to use a portion of the area of the eXIsting surface parking lot
located to the west of the Project Site which IS designated by the CIty for
construction staging and Project office, dUring construction of the ProJect, without
charge to the Developer, provided that such staging area and Project office does
not unreasonably affect the maintenance of traffic provided for In this Paragraph
ARTICLE 8. INDEMNIFICATION.
8.01. Indemnification by the Developer.
1 The Developer agrees to Indemnify, defend and hold harmless, the City, ItS
respective agents, officers, or employees from any and all liabilities,
damages, penalties, judgments, claims, demands, costs, losses, expenses
or attorneys' fees through appellate proceedIngs, for personal injury, bodily
InJury, death or property damage arising out of, or by reason of any act or
omiSSion of the Developer, Its agents, employees or contractors anslng out
of, In connection With or by reason of, the performance of any and all
services covered by this Agreement, or which are alleged to have ansen out
of, In connection With or by reason of, the performance of any and all
services covered by this Agreement, or which are alleged to have ansen out
of, In connectIon With, or by reason of, the performance of such services
2 The Developer shall indemnify, defend and hold harmless the City, ItS
officers and employees from any and aU liabIlities, damages, costs, penalties,
Judgments, claims, demands, losses, or expenses (Including, but not limited
to, actual attorneys' fees and engineenng fees) arising from or attributable
to any breach by the Developer, as the case may be, of any representations
or warranties contained In SectIon 901, or covenants contained In Section
902
Development Agreement
ADOPTED 03/01/01
Page 24
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PIN~LLA5 COUNTY PLA,
DPP REC BK 11278 PO 888
3 The Developer's Indemmty obligatIons under subsectIons (1) and (2) of this
Section shall survive the earlier of the Termination Date or the EXpIration
Date, but shall apply only to occurrences, acts, or omissions that anse on or
before the earlier of the Termination Date or the EXpIration Date
4 The Developer's Indemnrty hereunder IS In additIon to and not limited by any
Insurance polley and IS not and shall not be Interpreted as an Insunng
agreement betv.Jeen or among the parties to thIs Agreement, nor as a waIver
of sovereign Immumty for any party entitled to assert the defense of
sovereign Immumty,
8.02. Indemnification by the City.
1 To the extent permitted by law, the City agrees to Indemmfy, defend and hold
harmless, the Developer, ItS respective officers, and employees from any
and all liabilities, damages, penalties, judgments, claims, demands, costs,
losses, expenses or attorneys' fees through appellate proceedings, for
personal Injury, bodily injury, death or property damage anslng out of, or by
reason of, any act or omisSion ofthe City, ItS respective agents or employees
anslng out of, In connectIon With or by reason of, the performance of any and
all services covered by thiS Agreement, or which are alleged to have ansen
out of, In connection With or by reason of, the performance of any and all
services covered by thiS Agreement, or which are alleged to have ansen out
of, In connection With, or by reason of, the performance of such services
2, The City shall Indemnify, defend and hold harmless the Developer, ItS
officers and employees from any and all liabilities, damages, costs, penalties,
judgments, claims, demands, losses, or expenses (lncludmg, but not limited
to, actual attorneys' fees and engineering fees) anslng from or attnbutable
to any breach by the City, as the case may be, of any representations or
warranties contained In SectIon 10 01, or covenants contained In Section
1002
3 The City'S Indemnity obligations under thiS Section 10 02 shall survive the
earlier of the Termmatlon Date or the ExpiratIon Date, but shall only apply to
occurrences, acts or omiSSions that anse on or before the earlier of the
Termination Date or the Expiration Date The City'S indemnity hereunder IS
not and shall not be Interpreted as an Insunng agreement betv.Jeen or among
the parties to thiS Agreement, but IS In additIon to and not limited by any
Insurance policy proVided that said obligation shall not be greater than that
permItted and shall be limited by the proVIsions of Section 76828, Flonda
Statutes, or any successor statute thereto
Development Agreement
ADOPTED 03/01/01
Page 25
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PIN~LLRS COUNTY rLR
OFF R~C BK 1127B PO ees
8.03. Limitation of Indemnification. NotwithstandIng anything to the contrary contained
herein, with respect to the rndemnlficatloh obligatIons of the Developer (as set forth
rn Section 8 01) and the City (as set forth In Section 8 02), the follOWing shall apply
1 The Indemnifying party shall not be responsible for damages that could have
been, but were not, mItigated by the indemnified party;
2 The Indemnifying party shall not be responsible for that portIon of any
damages caused by the negligent or Willful acts or omiSSions of the
Indemnified party, and
3 There shall be no obligation to indemnify hereunder In the event that the
Indemnified party (1) shall have effected a settlement of any claIm wrthout
the prior written consent of the indemnifying party, or (2) shall not have
subrogated the Indemnrfylng party to the Indemnified party's rights against
any third party by an assignment to the Indemnifying party of any cause or
actIon against such third party
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE
DEVELOPER.
9.01. Representations and Warranties. The Developer represents and warrants to the
CIty that each of the follOWIng statements IS currently true and accurate and agrees
the City may rely upon each of the follOWIng statements.
1 The Developer IS a Florida LImited Liability Company duly organrzed and
validly eXisting under the laws of the State of Flonda, has all requIsite power
and authonty to carry on Its business as now conducted, to own or hold Its
properties and to enter into and perform Its obligations hereunder and under
each document or Instrument contemplated by this Agreement to which It IS
or Will be a party, IS qualrfied to do business In the State of Florida, and has
consented to service of process upon a designated agent for service of
process In the State of Florida
2 ThIS Agreement and, to the extent such documents presently exist in a form
accepted by the City and the Developer, each document contemplated or
required by this Agreement to which the Developer IS or WIll be a party have
been duly authOrized by all necessary action on the part of, and have been
or WIll be duly executed and delivered by, the Developer, and neither the
execution and delivery thereof, nor compliance With the terms and proVIsions
thereof or hereof (I) requires the approval and consent of any other party,
except such as have been duly obtained or as are specifically noted herern,
Development Agreement
ADOPTED 03101101
Page 26
II
PIN~LLAS COUNTY ~LA
OF~ ~tc 8K 11278 PO ego
(II) contravenes any eXIsting law, Judgment, governmental rule, regulation or
order applicable to or binding on the Developer, (III) contravenes or results
In any breach of, default under or, other than as contemplated by this
Agreement, results In the creatIon of any lien or encumbrance upon any
property of the Developer under any Indenture I mortgage, deed of trust, bank
loan or credit agreement, the Developer's Articles of IncorporatIon, or, any
other agreement or Instrument to which the Developer IS a party or by which
the Developer may be bound
3 ThIS Agreement and, to the extent such documents presently eXist In a form
accepted by the City and the Developer, each document contemplated or
reqUired by thiS Agreement to which the Developer IS or Will be a party
constItutes, or when entered Into WIll constitute, a legal, valid and binding
obligation of the Developer enforceable against the Developer In accordance
with the terms thereof, except as such enforceabIlity may be limited by
applicable bankruptcy, Insolvency or SImilar laws from time to time in effect
which affect creditors' rights generally and subject to usual eqUitable
principles In the event that equitable remedies are Involved.
4 There are no pendmg or, to the knowledge of the Developer threatened
actions or proceedmgs before any court or administratIve agency against the
Developer, or against any controlling shareholder, officer, employee or agent
of the Developer which question the validIty of thiS Agreement or any
document contemplated hereunder, or which are lIkely In any case, or In the
aggregate, to materially adversely affect the consummation of the
transactions contemplated hereunder or the financial condition of the
Developer
5 The Developer has filed or caused to be filed all federal, state, local and
foreIgn tax returns, if any, which were reqUired to be filed by the Developer
and has paid, or caused to be paid, all taxes shown to be due and payable
on such returns or on any assessments leVIed against the Developer
6 All financial Information and other documentation, Including that pertalmng
to the Project or the Developer, delivered by the Developer to the City was,
on the date of delivery thereof, true and correct
7 The principal place of busmess and pnnclpal executive offices of the
Developer IS In Dunedin, Flonda, and the Developer WIll keep records
concerning the Project (such as construction contracts, finanCing documents
and corporate documents) and all contracts, licenses and SImilar nghts
relating thereto at an office m Plnellas or H1llsborough Counties
Development Agreement
ADOPTED 03/01/01
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PIN~LL~S COUNTY FL~
Orr R~C 8K 1127e PG eSl
8 As of the Effective Date, the Developer will have the financial capability to
carry out Its obligations and responsibilitIes In connectIon with the
development of the Project as contemplated by thIs Agreement
9 The Developer has the experience, expertIse, and capabIlity to develop,
cause the construction, and complete the Project and, oversee and manage
the deSign, plannrng, construction, completion and openrng for bUSIness of
the Project
9.02. Covenants. The Developer covenants with the CIty that until the earlier of the
Termination Date or the ExpJratlon Date
1 The Developer shall timely perform or cause to be performed all of the
obligations contained herein whIch are the responsIbility of the Developer to
perform
2 Durrng each year that this Agreement and the obligations of the Developer
under this Agreement shall be In effect, the Developer shall cause to be
executed and to continue to be in effect those Instruments, documents,
certificates, permits, licenses and approvals and shall cause to occur those
events contemplated by this Agreement that are applicable to, and that are
the responsibility of, the Developer
3 The Developer shall assist and cooperate with the City to accomplish the
development of the Project by the Developer in accordance with the Plan
and Specifications, and this Agreement, and will not vIolate any laws,
ordinances, rules, regulations, orders, contracts or agreements that are or
Will be apphcable thereto
4 Subsequent to the Effective Date, the Developer shall maintain Its financial
capability to develop, construct and complete the Project and shall promptly
notify the CIty of any event, condition, occurrence, or change In ItS financial
condition which adversely affects, or with the passage of time is likely to
adversely affect, the Developer's financial capability to successfully and
completely develop, construct and complete the Project as contemplated
hereby
5 The Developer shall promptly cause to be filed when due all federal, state,
local and foreIgn tax returns reqUIred to be filed by It, and shall promptly pay
when due any tax required thereby
6 Subject to SectIon 18 01, the Developer shall maintain ItS eXIstence, Will not
dissolve or substantially dIssolve all of its assets and Will not consolidate with
Development Agreement
ADOPTED 03/01/01
Page 28
V)
PINELLRS COUNTY FLR
OFF REC SK 11278 PO 882
or merge Into another corporatIon, limIted partnershIp, or other entity or
permIt one or more other corporations or other entity to consolidate with or
merge Into It without the pnor approval of the City unless the Developer
retams a controlling Interest In the consolidated or merged corporatIon, and
will promptly notify the City of any changes to the eXIstence or form of the
corporation or any change In the controlling shareholders, officers or
directors of the Developer
7 Other than sales and assignments contemplated by thIs Agreement, the
Developer shall not sell, lease, transfer or otherwise dIspose of all or
substantially all ItS assets without adequate consideratIOn and Will otherwIse
take no action whIch shall have the effect, singularly or In the aggregate, of
rendenng the Developer unable to continue to observe and perform the
covenants, agreements, and conditions hereof and the performance of all
other obligations reqUIred by this Agreement
8 Except for the removal of any structures, plants, Items or other things from
the Project Site necessary for constructIon of the Project to commence and
contmue, the Developer shall not permit, commit, or suffer any waste or
Impairment of the Project or the Project Site pnor to the Completion Date
9 PrOVided all conditions precedent thereto have been satisfied or waived as
prOVided herem, the Developer shall acqUire the Controlled Property as
provided m Article 5 hereof and shall pay the Purchase Pnce, as the case
may be, when due and payable as prOVided therem,
10 Provided all conditions precedent thereto have been satisfied or waIved as
provided herem, the Developer shall deSign, construct and complete the
Project such that It IS substantially complete as provided In this Agreement
no later than the Project CompletIon Date
ARTICLE 10. REPRESENT A liONS, WARRANTIES AND COVENANTS OF THE
CITY.
10.01. Representations and Warranties. The City represents and warrants to the
Developer that each of the followmg statements IS currently true and accurate and
agrees that the Developer may rely on each of the following statements
1, The City IS a validly eXIsting body corporate and politIC ofthe State of Flonda,
has all requIsite corporate power and authonty to carry on Its bUSiness as
now conducted and to perform Its obligations hereunder and under each
Development Agreement
ADOPTED 03/01/01
Page 29
~,
COUNTY rL.A
PINEL.LAS 11278 PG eS3
Orr ,REC eK
document or Instrument contemplated by this Agreement to which It IS or will
be a party
2 This Agreement and, to the extent such documents presently eXist In a form
accepted by the City and the Developer, each document contemplated or
required by this Agreement to whIch the City IS or will be a party have been
duly authorized by all necessary action on the part of, and have been or wIll
be duly executed and delivered by, the City, and neither the execution and
delivery thereof, nor compliance with the terms and provIsions thereof or
hereof (i) requires the approval and consent of any other party, except such
as have been duly obtained or as are specifically noted herein, (Ii)
contravenes any eXisting law, Judgment, governmental rule, regulation or
order applicable to or binding on the City, (Iii) contravenes or results In any
breach of, or default under or, other than as contemplated by this
Agreement, results In the creation of any hen or encumbrance upon any
property of the City under any Indenture, mortgage, deed of trust, bank loan
or credit agreement, applicable ordInances, resolutIons or, on the date of thIs
Agreement, any other agreement or Instrument to which the City is a party,
specifically including any covenants of any bonds, notes, or other forms of
Indebtedness of the City outstanding on the Effective Date
3 This Agreement and, to the extent such documents presently eXist In a form
accepted by the City and the Developer, each document contemplated or
reqUired by this Agreement to which the City IS or WIll be a party constitute,
orwhen entered Into will constitute, legal, valid and binding obligations of the
City enforceable against the CIty In accordance with the terms thereof,
except as such enforceability may be limited by pUblic polley or applicable
bankruptcy, insolvency or similar laws from time to time In effect which affect
creditors' rights generally and subject to usual eqUitable pnnclples In the
event that equItable remedies are involved
10.02. Covenants. The City covenants With the Developer that until the earlier of the
Termination Date or the Expiration Date' '
1, The CIty shall timely perform, or cause to be performed, all of the obligations
contained herein which are the responsIbility of the City to perform
2 Dunng each year that this Agreement and the obligations of the City under
this Agreement shall be In effect, the City shall cause to be executed and to
continue to be In effect those Instruments, documents, certificates, permits,
licenses and approvals, and shall cause to occurthose events contemplated
by this Agreement that are applrcable to and are the responsibility of the City
Development Agreement
ADOPTED 03/01/01
Page 30
,"I
L.AS COUNTY F"L.A
~lN(L. '1278 ~G e94
OfF" R(C eK ·
3 The CIty shall assIst and cooperate With the Developer to accomplish the
development of the Project In accordance With this Agreement and the Plans
and Specifications, will carry out ItS duttes and responsibilitIes contemplated
by this Agreement, and will not VIolate any Jaws, ordinances, rules,
regulations, orders, contracts, or agreements that are or will be applicable
thereto, and, to the extent permitted by law, the City will not enact or adopt
or urge or encourage the adoptIon of any ordinances, resolutions, rules
regulations or orders or approve or enter Into any contracts or agreements,
mcludlng IssUIng any bonds, notes, or other forms of Indebtedness, that will
result In any proVISIon of thiS Agreement to be In Violation thereof
4 Except for the demolition of eXisting structures on the Project Site and the
removal of objects from the Project Site as contemplated by thiS Agreement,
the City shall not permit, commit, or suffer any waste or Impairment to the
Project Site, nor shall the City request or recommend any rezoning of the
Project Site, or any part thereof, whIch will prevent or adversely affect the
development of the Project
5 The City shall maintain Its financial capability to carry out ItS responsibilities
as contemplated by thiS Agreement and shall notify the Developer of any
event, condition, occurrence, or change In ItS financial condition which
adversely affects, or With the passage of time IS lIkely to adversely affect, the
CIty'S financial capability to carry out Its responsibilities contemplated hereby
ARTICLE 11. CONDITIONS PRECEDENT.
11.01. The Developer Acquiring Project Site. Unless thiS Agreement has been
terminated pursuant to Article 12 hereof, the obligation of the Developer to acquire
the Project Site IS subject to the fulfillment to the satisfaction of, or waiver In wntlng
by, the Developer of each of the follOWing conditions precedent:
1 The Developer shall have received eVidence satisfactory to the Developer
that the Project SIte permits the uses contemplated In thiS Agreement
2 The Plans and SpeCifications as are reqUIred for Issuance of the BUilding
Permit reqUired to commence construction of the Project shall have been
approved by the City In accordance With applicable ordinances, land use
regulations, bUlldmg codes and other regulations of the CIty
3 The Developer shall have obtained commitments from the Project
Construction Lender as proVided In Article 6 hereof
Development Agreement
ADOPTED 03/01/01
Page 31
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PINELLRS ~~~~~Yp~LR895
OrF RtC eK
4 The City shall have closed and vacated any streets, alleys or other public
rrghts-of-way as may be necessary for the construction and use of the
Project Site according to the Plan and SpecificatIons, thIs Agreement and
approved by resolution the abandonment of all such rrghts,-of-way In favor
of the Developer, provided however that the abandonment will not be
effective unless and until the Construction Financing Commitment IS
obtained from the Developer as reqUIred by ArtIcle 6 herein,
5 All Permits and the Building Permit necessary for construction of the Project
to commence shall have been Issued
11.02. Construction of Project Subject to termination of this Agreement pursuant to
Article 12, the obligation of the Developer to commence construction of the Project
on the Commencement Date IS subject to the fulfillment to the satisfaction of, or
waiver In writing by, the Developer of the following conditions
1 The Plans and Specifications that are necessary to commence construction
shall have been approved by the City, and the Initial BUilding Permit for the
commencement of construction of that part of the Project and all other
Permits necessary for construction to commence have been Issued
2 The vacation of rights-of-way as provided In Section 504(1) hereof
11.03. Responsibilities of the Parties for Conditions Precedent. The parties hereto
shall not, IndiVidually or collectively, knowingly, Intentionally or negligently prevent
any condition precedent from occurrrng; provided, however, nothing In thiS Section
IS Intended or shall be deemed to deny any party the rrght to reasonably exercise
its discretion to the extent permitted by law or thiS Agreement
ARTICLE 12. DEFAULT; TERMINATION.
12.01. Project Default by the Developer.
1 There shall be an "event of default" by the Developer pertaining to the entire
Project upon the occurrence of anyone or more of the followlng-
a The Developer shall fall to perform or comply WIth any matenal
proVISion of thiS Agreement applicable to It With," the time preSCribed
therefor, after receipt of a notrce from the City pursuant to Paragraph
12 02(2)(a), or
b The Developer shall make a general assignment for the benefit of Its
creditors, or shall admit In wntlng Its inability to pay ItS debts as they
Development Agreement
ADOPTED 03/01/01
Page 32
...'
2
Development Agreement
ADOPTED 03/01/01
I")
~IN~LLAS COUNTY rLA.
Orr R~C eK 11279 ~G ess
become due or shall file a petItion In bankruptcy, or shall be
adjudIcated a bankrupt or Insolvent, or shall file a petItion seeking any
reorganization I arrangement, composition, readjustment, liquidatIon,
dIssolution or similar relief under any present or future statute, law or
regulation or shall file an answer admitting, or shall fall reasonably to
contest, the matenal allegations of a petition filed against It In any
such proceeding, or shall seek or consent to or acqUiesce In the
appointment of any trustee, receiver or liqUidator of the Developer or
any matenal part of such entity's properties, or
c Within Sixty (60) days after the commencement of any proceeding by
or agaInst the Developer seeking any reorganizatIon, arrangement,
composition, readjustment, liqUidation, dissolution or similar rehef
under any present or future statute, law or regulatlon, such
proceeding shall not have been dIsmissed or otherwIse termInated,
or If, wIthin Sixty (60) days after the appointment without the consent
or acquiescence of the Developer of any trustee, receiver or lIquidator
of any of such entities or of any matenal part of any of such entity's
propertIes, such appointment shall not have been vacated, or
a.
If an event of default by the Developer descnbed In subsection (1)
above shall occur, the CIty shall provide written notice thereof to the
Developer, and, If such event of default shall not be cured by the
Developer within thirty (30) days after receipt of the wntten notice from
the City specifying in reasonable detail the event of default by the
Developer, or If such event of default IS of such nature that It cannot
be completely cured within such time penod, then If the Developer
shall not have commenced to cure such default within such thirty (30)
day penod and shall not diligently prosecute such cure to completion
wIthin such reasonable longer penod of time as may be necessary
(provided, however, If the Developer IS proceeding diligently and In
good faIth, the curative penod shall be extended for a penod of not
exceeding SIX (6) months Without any approval or consent of the City
beIng reqUired, but such approval will be reqUired If the curatIve
penod IS to be extended beyond SIX (6) months (after the notice of
default has been given by the City to the Developer and such
extended curative penod may be ended by the CIty electing to do so
upon any Project Lender finding the Developer to be In default of any
Project F I na n clng a nd the cu ratlve penod therefor h as expired Without
such event of default being cured) then, In addition to any remedy
available under SectIon 12 05, the City may terminate this Agreement
or pursue any and all legal or equitable remedIes to whIch the City IS
entitled, provided, however, If the Developer shall fall to cure such
Page 33
~ LRS COUNTY rLR
P INIOoL 11278 PG 897
Drr REC 8K
event of default within said thirty (30) day or longer penod or ceases
to proceed diligently to timely cure such event of default, then the CIty
may proceed to enforce other avaIlable remedies without provIding
any additional notice to the Developer
b Any attempt by the CIty to pursue any of the above referenced
remedies will not be deemed an exclusive election of remedy or
waiver of the City'S right to pursue any other remedy to which either
may be entitled
c Any time periods or deadlines provided In thiS Agreement shall be
tolled or extended by the amount of time to cure any event of default
hereunder if such event affects the Developer's or City'S ability to
perform by such deadline or the expiration of such penod.
3 Subject to the nghts of the Project Lender, If the City elects under Section
603 to cure a default under Subsection 1201(1) by the Developer,
construction contracts, contract documents, bUilding permits, development
permits, management agreements, and financial commitments (all only to
the extent assignable) with respect to the Project shall, If such default has
not been previously cured, on the day following receipt by the Developer of
notice from the City of Its election to cure under Section 603, be deemed
then assigned to the City makIng said election, without necessity of any other
action being taken or not taken by any party hereto The Developer shall
transfer and deliver to the City upon making said election, all assignable
Plans and Specifications, working drawings, construction contracts, contract
documents, financial commitments, management agreements, and all
Permits, and, at the direction of the City, the defaulting the Developer shall
vacate the Parcel( s)
4 Notwithstanding any provIsion of thiS Section, a default by the Developer
shall not affect the tItle of any condominium unit or common area conveyed
by the Developer to an unrelated third party or to a condominium aSSOCiation
which IS not controlled by the Developer
12.02 Default by the City.
-<c
1, PrOVided the Developer IS not then In default under SectIon 12 01, there shall
be an "event of default" by the City under thiS Agreement In the event the
City shall fall to perform or comply with any matenal provISion of thiS
Agreement apphcable to It, provided, however, that suspension of or delay
in performance by the City dunng any penod In which the Developer IS In
Development Agreement
ADOPTED 03/01/01
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Jl
2
Development Agreement
ADOPTED 03/01/01
1-1'\
PINELLAS COUNTY FLR
OFF,REC 8K 11278 PG 898
default of this Agreement as provIded In Section 12 01 hereof will not
constItute an event of default by the CIty under this Subsection 12 02
a
If an event of default by the City descnbed In Subsection 12 02(1)
shall occur, the Developer shall provIde wntten notIce thereof to the
City, and, after eXpIratIon of the curatIve penod descrrbed In
paragraph (b) below, may terminate thIs Agreement, institute an
action to compel specific performance of the terms hereof by the City
or pursue any and all legal or equitable remedies to whIch the
Developer is entitled, provided, however, Ifthe event of default by the
CIty occurs, any monetary recovery by the Developer In any such
action shall be limIted to bona fide third-party out of-pocket costs and
expenses, including reasonable attorneys' fees, Incurred by the
Developer In connection with this Agreement and the transactions
contemplated hereby, unless any such default by the City was Willful
and committed in bad faith with reckless disregard for the rrghts of the
Developer
b, The Developer may not terminate this Agreement or institute an
action described In paragraph (2a) above If the City cures such event
of default wIthin thirty (30) days after receipt by the City of wntten
notice from the Developer specIfying in reasonable detail the event of
default by the City, or If any such event of default IS of such nature
that It cannot be completely cured within such penod, then within such
reasonably longer penod of time as may be necessary to cure such
default, prOVided however, If the City is proceeding diligently and In
good faith, the curative penod shall be extended for a period of not
exceeding SIX (6) months Without any approval or consent of the
Developer being reqUired, but such approval Will be reqUired If the
curative periOd IS to be extended beyond SIX (6) months after the
notIce of default has been given by the Developer to the City If the
City has commenced to cure such default WIthin such thirty (30) day
penod and IS diligently prosecuting such curative action to completron
The City shall Within said thllty (30) day penod or such longer periOd
promptly, diligently and In good faith proceed to cure such event of
default after receipt of the notice from the Developer and shall
succeed In cunng such event of default Within said penod of time,
provided, however, If the City shall fall to cure such event of default
Within said thirty (30) day or longer penod or ceases to proceed
dilIgently to timely cure such event of default, then the Developer may
proceed With Its available remedies Without provrdlng any additional
notice to the CIty
Page 35
PINELLR$ COUNTY rLR
OFT REC SK 1127S PC3 88$"
c Any attempt by the Developer to pursue any of the remedies referred
to In paragraphs (a) and (b) above will not be deemed an exclusive
electIon of remedy or waiver of the Developer's nght to pursue any
other remedy to which It mIght be entItled
d Any tIme penods or deadlines provided In this Agreement shall be
tolled or extended by the amount of tIme to cure any event of default
hereunder If such event affects the Developer's or City'S ability to
perform by such deadline or the expIratIon of such penod
12.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein
to the contrary, the specified fights and remedies to which either the City or the
Developer are entitled under this Agreement are not exclusIve and are Intended to
be In addItIon to any other remedies or means of redress to which the CIty or the
Developer may lawfully be entitled and are not specifically prohIbited by this
Agreement The suspension of, or delay In, the performance of Its obligations by
the Developer while the City shall at such time be In default of their obligations
hereunder shall not be deemed to be an "event of default" The suspension of, or
delay In, the performance of the obligations by the City while the Developer shall at
such time be In default of Its obligations hereunder shall not be deemed to be an
"event of default" by the City
12.04. Non-Action on Failure to Observe Provisions of this Agreement The failure of
the CIty or the Developer to promptly or continually InSist upon stnct performance
of any term, covenant, conditIOn or proVIsion of thiS Agreement, or any Exhibit
hereto, or any other agreement, Instrument or document of whatever form or nature
contemplated hereby shall not be deemed a waIver of any nght or remedy that the
City orthe Developer may have, and shall not be deemed a waiver of a subsequent
default or nonperformance of such term, covenant, condition or prOVision
12.05. Termination.
1 The Developer and the City acknowledge and agree that as of the Effective
Date certain matters mutually agreed by the partIes hereto to be essential to
the successful development of the Project have not been satIsfied or are
subject to certaIn condItIons, legal reqUirements or approvals beyond the
control of any of the parties hereto or whIch cannot be definitely resolved
under thiS Agreement, Including, but not limited to, faIlure of a governmental
authonty to grant an approval reqUired for development of the Project or
Insurable title to the Project Site has not been obtained In recognition of
these events or conditions, the parties hereto mutually agree that, provIded
the appropnate or responsIble party therefor diligently and In good faith
seeks to the fullest extent of ItS capabilitIes to cause such event or condition
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to occur or be satisfied, the faIlure of the events or conditions listed in
subsectIon (2) below to occur or be satIsfied shall not constitute an event of
default by any party under thiS Article 12, but may, upon the election of any
party hereto, be the basIs for a termination of thiS Agreement In accordance
wIth thiS Section
2 In additIon to any other rrghts of termInation provIded elsewhere In thiS
Agreement, thiS Agreement may be terminated as provided In subsectIon (3)
of thIS section by the CIty Of the Developer after the occurrence of any of the
followIng events or conditions (except for subsectIon (b), In which event only
the Developer may terminate thiS Agreement pursuant to thiS subsection (2))
a The appropriate governmental authority (Including the CIty In exercise
of ItS governmental and regulatory authorrty and responsibility), upon
petition by the Developerdemes or falls to Issue the necessary order
or other action necessary, vacate rrght-of-way as descrrbed In Section
5 03, Issue the Permits, Issue the BUIlding Permits, or approve any
other land use necessary to commence construction of the Project on
the Project Site, provided the Developer has proceeded diligently,
expeditiously and In good faith to obtain such approval, permits or
other necessary actIOns;
b A previously unknown sIte condition IS subsequently discovered and
that condition prevents successful development of the Project, or part
of the Project on the Project Site, or part of the Project Site (In which
case only the Developer at his option can terminate the Project as not
feasible)
3 Upon the occurrence of an event described in subsection (2) or In the event
that the Developer or the City, after diligently and In good faith to the fullest
extent ItS capabilities, IS unable to cause a condition precedent to ItS
respective obligations to occur or be satisfied, then the Developer or the City
may elect to terminate thiS Agreement by giVing a notIce to the other party
hereto within thirty (30) days of the occurrence of such event or the
determination of inability to cause a condition precedent to occur or be
satisfied, stating ItS election to terminate thiS Agreement as a result thereof,
In whIch case thiS Agreement shall then terminate
4 In the event of a termination pursuant to thiS Section 12 05, neIther the
Developer nor the City shall be obligated or liable one to the other In any
way, finanCially or otherwise, for any claim or matter anslng from or as a
result of thiS Agreement or any actions taken by the Developer and the City,
or any of them, hereunder or contemplated hereby, and each party shaH be
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responsIble for Its own costs, however, the provIsions of Sections 9 01 and
10 01 shall apply and shall survive termination of thIS Agreement, the
p reVISions of th IS Subsectlo n 12 05 (4) to the contra ry notwlthsta nd I ng
12.06. Termination Certificate.
1 In the event of a termination of thiS Agreement for any reason pnor to the
EXpiration Date, each of the partIes hereto do covenant and agree WIth each
other to promptly execute a certificate prepared by the party electing to
terminate thiS Agreement, which certificate shall expressly state that thIS
Agreement has been termInated In accordance With Its terms, is no longer
of any force and effect except for those proVIsions hereof which expressly
survive termination, that the nghts, duties and obligations of the parties
hereto have been terminated and released (subject to those surviVing
proVISions hereof) and that the Project Site IS no longer subject to any
restnctlons, limitations or encumbrances Imposed by thiS Agreement
2 The certificate deSCribed In Subsection (1) shall be prepared In a form
su Ita ble for reco rd lng a nd promptly after executlo n by a II of the pa rtles hereto
shall be recorded In the public records of Pine lias County, Flonda
ARTICLE 13. RIGHT TO CONTEST.
,
13.01. Right to Contest. Subject to the conditions set forth In Section 13.02 below, the
City or the Developer each may, at Its sole discretion and expense, after pnor
written notice to the other parties hereto, contest by appropnate action or
proceeding conducted In good faith and With due diligence, the amount or validity
or application, In whole or In part, of any lien, any payment of any taxes,
assessments, Impact fees or other public charges of a Similar nature that may from
time to time be leVied upon or assessed by any appropriate governmental authonty
against the Developer, the Project (or any part thereof), the Project Site, furniture,
fixtures, eq Ulpment 0 r othe r persona I property the reon, and the reven ues generated
from the use or operation of any or all of the above, any other payment speCifically
identrfied In thiS Agreement, or compliance With any law, rule, regulation, or other
such legal reqUirement
13.02. Conditions. The nght to contest any charge, payment or reqUirement pursuant to
Section 13 01 IS subject to the follOWing
1 Such proceeding shall suspend the execution or enforcement of such
charge, payment or reqUirement,
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2 Such proceeding will not create any risk of Impairment of the acqUisition or
prepa ratIon of the ProJect Site, th e co nstructlon, com pletlon, operation or use
of the Project, the Project Site, or any part thereof, In any matenal respect,
and neither the Project or Project Site, nor any part of the Project or the
Project Site, would be subject to any risk of being Involuntanly sold, forfeited
or lost orthe acqUisition of the Project Site orthe construction, equIpping, or
completion of the Project or any part thereof be delayed or prohibited,
3 Such proceeding will not subject any other party to cnmlnal liability or nsk of
matenal cIvil liability for failure to comply therewith, or Involve risk of any
matenal claim against such party, and
4 The party seeking the benefit of thiS Article shall have furnished to the other
parties such secunty, jf any, as may be required In such proceeding or as
may be reasonably requested by the others, to protect the Project and the
Project Site, and any part thereof, and any Interest of such parties
hereunder,
ARTICLE 14. ARBITRATION
14.01. Agreement to Arbitrate. Only as specifically provided In this Agreement and only
If any JudiCial or administratIve action or proceeding has not been commenced with
regard to the same matter and, If so, the party hereto commencing such action has
not dismissed It, any dIsagreement or dispute between the parties may be arbItrated
In the manner set forth in thiS Article 14 All parties hereby agree such arbitration,
once commenced, shall be the exclUSive procedure for resolVing such disagreement
or dIspute and agree to be bound by the result of any such arbitration proceeding
unless all parties mutually agree to terminate such proceeding pnor to deCISIon If
any arbitration proceeding under thiS part adversely affects the performance of any
party hereunder, then any time penods proVided herein for such performance by
that party shall be tolled dunng the pendency of the arbitration proceeding affecting
such performance
14.02. Appointment of Arbitrators.
1
a
Unless accelerated arbitration as prOVided In SectIon 1408 hereof IS
Invoked, any party invoking arbitration herewrth shall, Within five (5)
days after givIng notice of Impasse In the dispute resolutIon process
or upon follOWing the expiration of the time penod for such dispute
resol utlon occu rren ce of the event perm rttl ng arb Itratlo n to be J nvoked,
give written notice to that effect to the other parties, and shall In such
notice appoint a diSInterested person who 1$ on the list of qualified
arbitrators maintained by the Amencan Arbitration ASSOCiation or a
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disinterested person not on such list to whom an objection IS not
made by any other party hereto within five (5) days of receipt of the
notice of such appointment as the arbitrator or, If more than one (1)
arbitrator IS to be appointed, as one of the arbitrators
b With I n ten (1 0) days after receipt of the notice descnbed In parag raph
(1), the other parties shall by wntten notice to the onglnal party
acknowledge that arbitration has been Invoked as permitted by this
Agreement, and shall either accept and approve the appOIntment of
such indIVIdual set forth In the onglnal notice as a sole arbItrator or
shall appoint one (1) disinterested person per party of recognized
competence In such field as an arbitrator,
2
a
If two (2) arbItrators are appointed pursuant to subsectIon (a) above,
the arbitrators thus appOInted shall appoint a third disinterested
person who IS on the list of qualified arbitrators maintained by the
American Arbitration Association, and such three (3) arbitrators shall
as promptly as possible determine such matter
b If the second arbitrator shall not have been appointed as proVided In
subsection (a), the first arbitrator shall, after ten (10) days notice to
the parties, proceed to determine such matter,
c If the two (2) arbitrators appointed by the parties pursuant to
subsection (a) shall be unable to agree Within fifteen (15) days after
the appointment of the second arbitrator upon the appOIntment of a
third arbitrator, they shall give wntten notIce of such failure to agree
to the parties, and, If the parties then fall to agree upon the selection
of such third arbitrator Within fifteen (15) days thereafter, then Within
ten (10) days thereafter each of the parties upon wntten notice to the
other parties hereto may request the appointment of a third arbitrator
by the office In or for the State of Florida (or If more than one office,
the office located closest to the City) of the Amencan Arbitration
Association (or any successor organization thereto), or, In Its
absence, refusal, failure or Inability to act, request such appointment
of such arbitrator by the United States Dlstnct Court for the Middle
District of Flonda (whIch request shall be filed In the divISion of that
court responsible for the geographIc area including the City), or as
otherwise prOVided In Chapter 682, Flonda Statutes, known and
referred to as the Flonda ArbItration Act, as amended
14.03, General Procedures. In any arbitratIon proceeding under this part, those parties
appointing arbitrators shall each be fully entitled to present eVidence and argument
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to the sole arbitrator or panel of arbitrators The arbItrator or panel of arbitrators
shall only Interpret and apply the terms of this Agreement and may not change any
such terms, or deprive any party to this Agreement of any right or remedy expressed
or Implied In this Agreement, or award any damages or other compensation to any
party hereto The arbitration proceedings shall follow the rules and procedures of
the Amencan Arbitration Association (or any successor organization thereto) unless
specifically modified by this Agreement, or as then agreed to by the parties hereto
14.04. Majority Rule. In any arbitration proceeding under this part, the determination of
the majority of the panel of arbitrators, or of the sole arbitrator If only one (1)
arbitrator IS used, shall be conclUSive upon the partIes and judgment upon the same
may be entered In any court haVing JUriSdictIon thereof The arbitrator or panel of
arbitrators shall give wntten notice to the parties stating his or their deterrmnatlon
Within thirty (30) days after the conclUSion of the hearing or final submiSSion of all
eVidence or argument
14.05. Replacement of Arbitrator. In the event of the failure, refusal or inability of any
arbitrator to serve as such, promptly upon such determination being made by the
affected arbItrator, the affected arbitrator shall give notIce to the other two (2)
arbitrators (If applicable) and to the parties hereto, and then a new arbitrator shall
be promptly apPointed as a replacement, which appointment shall be made by the
party orthe arbitrators who appointed the affected arbitrator In the same manner as
provided for In the original appointment of the affected arbitrator In Section 1402
hereof
14.06. Decision of Arbitrators.
1 If any deCISion reached by arbitration as proVided In thiS part requires
performance by the Developer, the Developer covenants and agrees to
com ply With any deCISion of the a rbltrator( s) promptly after the date of rece Ipt
by the Developer of such deCISion, and to continue such performance to
completIon With due diligence and In good faIth
2 If any such deCISIon requIres performance by the CIty, the City covenants
and agrees to comply promptly With any deCISion reached by arbitrators)
promptly after the date of receipt by the CIty of such deCISIon, and to
continue such performance to completion With due diligence and In good
faith
3 Nothing In thiS part, nor In any arbItration deCISIon rendered under thiS part,
shall be construed to reqUire any payment by the CIty to the Developer not
otherwise provided for herein
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14.07. Expense of Arbitration. The expenses of any arbitration proceeding pursuant to
this part shall be borne equally by the parties to such proceeding, provided,
however, for the purpose of thiS Section 1407, "expenses" shall Include the fees
and expenses of the arbitrators and the Amencan Arbitration Association with
respect to such proceeding, but shall not Include attorneys' fees or expert wItness
fees, or any costs Incurred by attorneys or expert witnesses, unless (and to the
extent) agreed to by the parties to such proceeding, which In the absence of such
Agreement shall be the responsibIlity of the party Incurnng such fees or costs
14.08. Accelerated Arbitration.
1.
a
If any of the parties to any arbitration proceeding under thiS part
determines the matter for arbitration should be decided on an
expedited basIs, then after an initial election to Invoke arbitration
pursuant to Section 14 02 hereof has been made, either party to such
proceeding may Invoke accelerated arbItration by giVing notice thereof
to the other parties no later than three (3) days after arbitration has
been Initially Invoked and the other parties do not object within three
(3) days thereafter
b Accelerated arbitration, for purposes of this Section 1408, shall be
accomplished by either party notifying the Amencan Arbitration
Association (or any successor organization thereto) that the parties
have agreed to a single arbitrator, qualified to decide the matter for
arbitration, to be appointed by the Amencan Arbitration Association
(or any successor organ Izatlon thereto) with the consent of the partIes
to such proceeding within three (3) days after receipt of the request
and to decide such matter wIthIn five (5) days after such appointment
c If an arbitrator IS not so apPointed with consent of the parties to the
proceeding within three (3) days after the notice referred to In
paragraph (2) IS received by the Amencan Arbitration ASSociatIon, the
accelerated proceeding under thIS Section 14 08 shall terminate and
the procedures otherwise setforth In thiS Article 14 shall apply, unless
the parties mutually agree to an extension of such time penod
2 The Developer and the City hereby agree to use such accelerated procedure
only when reasonably necessary, to not contest the appointment of the
arbitrator or his or her decIsion except as may be permitted by law, and that
all other provIsions of thiS part, except as are In conflict with thiS Section
1408, remaIn In effect and applrcable to an accelerated arbitration
proceeding
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14.09. Applicable Law. To the extent not inconsistent wIth thiS article, any arbitratIon
proceeding under thIS article shall be governed by the prOVIsions of Chapter 682,
Flonda Statutes, as amended, known and referred to as the Flonda ArbitratIon
Code
14.10. Arbitration Proceedings and Records. Any arbitration heanng under thiS article
shall be considered a meetIng subject to Section 286011, Flonda Statutes, and
shall be open to any member of the public Unless otherwise rendered confidentIal
pursuant to or by the operation of any apphcable law or order (other than an order
by a sole arbitrator or panel of arbitrators acting under thiS part), the record of such
proceedings shall be a public record under Chapter 119, Flonda Statutes
ARTICLE 15. UNAVOIDABLE DELAY.
15.01. Unavoidable Delay.
1 Any delay In performance of or InabIlity to perform any obligation under this
Agreement (other than an obligation to pay money) due to any event or
condition descnbed In paragraph (b) as an event of "UnaVOIdable Delay"
shall be excused In the manner prOVIded In thiS Section 15 01.
2 "Unavoidable Delay" means any of the follOWing events or conditions or any
com bi nation thereof acts of God, litigation wh Ich has the effect of preclud i ng
reasonable satisfaction of the obligations of thiS Agreement, acts of the
publIC enemy, not, Insurrection, war, pestilence, archaeological excavations
reqUired by law, unavaIlability of matenals after timely ordenng of same,
epidemiCS, quarantine restnctlons, freight embargoes, fire, IIghtmng,
hUrricanes, earthquakes, tornadoes, floods, extremely abnormal and
excessively Inclement weather (as indicated by the records of the local
weather bureau for a five-year penod preceding the Effective Date), stnkes
or labor disturbances, delays due to proceedings under Chapters 73 and 74,
Flonda Statutes, restoration In connection With any of the foregOing or any
other cause beyond the reasonable control of the party performing the
obligation In question, Including, Without lImitation, such causes as may arise
from the act of the other party to thiS Agreement, or acts of any
governmental authonty (except that acts of the City shall not constitute an
UnaVOIdable Delay With respect to performance by the City)
3 An application by any party hereto (referred to In thIS paragraph (c) and In
paragraph (d) as the "Applicant") for an extension of time pursuant to thiS
subsection must be In wntlng, must set forth In detail the reasons and
causes of delay, and must be filed WIth the other party to thiS Agreement
Within seven (7) days follOWing the occurrence of the event or condition
causing the Unavoidable Delay or seven (7) days follOWing the Apphcant
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becoming aware (or with the exercise of reasonable dIligence shou!d have
become aware) of such occurrence
4 The Applicant shall be entItled to an extension of tIme for an Unavoidable
Delay only for the number of days of delay due solely to the occurrence of
the event or condrtlon causing such Unavoidable Delay and only to the
extent that any such occurrence actually delays that party from proceeding
with ItS rights, duties and obligatIons under this Agreement affected by such
occurrence
ARTICLE 16. RESTRICTIONS ON USE.
16.01. Project. Prior to the ea rlier of the Term In atlon Date or the Exp Iratlo n Date, no use
of the ProJect, other than as described In Sectron 203, shall be permitted, other
than the operation of improvements eXlstrng on the Effective Date until those
Improvements are demolished I unless and untIl the Developer orthe person, If other
than the Developer. Intending to so use the Project or Project Site, shall file with the
City a request for a release from the restrictIon Imposed by this Section The
Governing Body of the City shall promptly consIder such request and either deny the
req uest, approve the request as filed, or app rove the request subject to such terms,
conditions and limitations as the City may reasonably reqUire Unless specifically
requested and approved, a release of the restriction Imposed by this Section shall
not release the Developer from any obligations or restrictions Imposed by this
Agreement or any agreement, Instrument or document contemplated hereby
ARTICLE 17. FIRE OR OTHER CASUALTY; CONDEMNATION.
17.01. Loss or Damage to Project.
1 Until the Project Completion Date, and without regard to the extent or
avaIlability of any Insurance proceeds, the Developer covenants and agrees
to diligently commence and complete the reconstructron or repair of any loss
or damage caused by fire or other casualty or by eminent domain (proVided
the CIty IS not the condemmng authority) to each and every part of the
Project on a Parcel which it owns to substantially the same Size, floor area,
cubic content and general appearance as eXisted prior to the occurrence of
such loss or damage, promptly after the City approves the Plans and
SpeCIficatIons for such reconstruction or repairs
2 The City shall review the Plans and SpeCifications for such reconstructIon or
repaIrs as soon as pOSSible after filing thereof by the Developer The CIty
agrees to approve the Plans and SpeCifications for such reconstruction or
repaIrs If the reconstructron or repairs contemplated by such Plans and
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Specifications will restore the Project, or the damaged portion thereof, to
substantially the same condition as eXIsted prior to the occurrence of such
loss or damage and If such Plans and Specifications conform to the
applicable laws, ordinances, codes, and regulations In effect at the time of
filing With the City of the plans and specificatIons for such reconstruction or
repairs
17.02. Partial Loss or Damage to Project Until the Project CompletIon Date, any loss
or damage by fire or other casualty or exercise of eminent domain to the Project or
ProJect Site, or a ny portion thereof, whIch does not ren der the ProJect 0 r Project Site
unusable for the use contemplated by Section 203 of this Agreement, shall not
operate to terminate thIs Agreement or to reheve or discharge the Developer from
the timely performance and fulfillment of the Developer's oblIgations pursuant to thIs
Agreement, subject to an extension of time for an Unavoidable Delay
17,03. Project Insurance Proceeds.
1 Whenever the Project, or any part thereof, shall have been damaged or
destroyed, the Developer shall promptly make proof of loss and shall
proceed promptly to collect, or cause to be collected, all valid claIms which
may have arisen against Insurers or others based upon such damage or
destruction,
2 Subject to the rights of a Project Lender, the Developer agrees that all
proceeds of property or casualty Insurance received by the Developer as a
result of such loss or damage shall be available and shall be used for
payment of the costs of the reconstruction or repair of the Project to the
extent necessary to repair or reconstruct the Project,
17.04. Notice of Loss or Damage to Project. The Developer shall promptly give the City
wntten notice of any slgmficant damage or destruction to the Project stating the date
on which such damage or destruction occurred, the expectations of the Developer
as to the effect of such damage or destruction on the use of the Project, and the
proposed schedule, If any, for repair or reconstruction of the Project
17.05. Condemnation of Project or Project Site; Application of Proceeds. In the event
that part, but not all, of the Project or Project SIte, or both, shall be taken by the
exercise of the power of eminent domain at any time before the ExpiratIon Date,
subject to the rights of a Project Lender, the compensation awarded to and received
by the Developer shall be applied first to the restoration of the ProJect, proVided the
Project can be restored and be commercially feasible for Its Intended use as
contemplated by Section 2 03( 1) of thiS Agreement after the taking, and, If not, can
be retained by the Developer
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ARTICLE 18. MISCELLANEOUS
18.01. Assignments.
\
1, By the Developer
a Prior to the Commencement Date, the Developer may sell, convey,
assign or othelWlse dispose of any or all of ItS fight, title, Interest and
obligations In and to the ProJect, or any part thereof, only with the
prior written consent of the City, which consent IS hereby granted for
assignment to Bella VIsta Seashell Resort, L L C , 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,
b If the assignee of the Developer's nght, title, Interest and obligations
In and to the ProJect, or any part thereof assumes all of the
Developer' 5 obligations hereu nder 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 m
recordable form
c An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, general partnership, or JOInt
venture, In which the Developer IS the or a general partner or has
either the controlling Interest or through a Jomt venture or other
arrangement shares equal management fights with a financial
Institution and maintains such controlling mterest or equal
management nghts shall not be deemed an assignment or transfer
subject to any restnctlon on or approvals of assignments or transfers
Imposed by thiS Section 18 01, provided, however, that notice of such
assIgnment shall be given by the Developer to the City not less than
thirty (30) days pnor 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
d No assIgnee, purchaser, sublessee or acquire of all or any part of the
Developer's nghts and oblIgations with respect to anyone Parcel shall
In any way be obligated or responsible for any of the Developer's
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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
2 CIty'S RIght to Asslon Rlohts The Developer agrees that the City shall have
the unqualified right to assign ItS rights under Section 5 04 and 6 03 of this
Agreement to any person, subject only to applicable laws In regard to the
dISposition of an Interest In real property
18.02. 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 its
successors and assigns, except as may otherwise be specifically prOVIded herein
18.03. Notices.
1 All notices, demands, requests for approvals or other communrcatlons gIven
by eIther party to another shall be In wrrtlng, and shall be sent by registered
or certified mall, postage prepaId, return receipt requested or by courier
service, or by hand delivery to the office for each party indIcated below and
addressed as follows
To the Developer
To the City
Clearwater Seashell Resort, LC
748 Broadway, SUite 202
Dunedin, FL 34698
Attn RIchard Gehring
City of Clearwater
112 S Osceola Avenue
Clearwater, FL 33756
With caples to
WIth caples to
Wilham J KImpton, EsqUire
28059 U S Highway 19 North, #100
Clearwater, FL 33761
Pam Akins, EsqUire
Clearwater City Attorney
112 S Osceola Avenue
Clearwater, FL 33756
2 Notices given by courier service or by hand delivery shall be effective upon
delivery and notIces given by mall shall be effective on the third (3rd)
bUSiness day after mailing Refusal by any person to accept delIvery of any
notice delivered to the office at the address Indicated above (or as It may be
Development Agreement
ADOPTED 03/01/01
Page 47
'''-'
PIN~llRS COUNTY rlR
Orr R~C BK 11278 PO $11
changed) shall be deemed to have been an effective delivery as provided In
this Section 18 03 The addresses to which notices are to be sent may be
changed from time to time by wrrtten notice delivered to the other parties and
such notices shall be effective upon receipt Until notice of change of
address IS received as to any particular party hereto, all other parties may
rely upon the last address given
18.04. Applicable Law and Construction. The laws of the State of Flonda shall govern
the validity, performance and enforcement of this Agreement This Agreement has
been negotiated by the City and the Developer and the Agreement, Including,
wIthout limitation, the ExhibitS, shall not be deemed to have been prepared by the
City or the Developer, but by all equally,
18.05. Venue; Submission to Jurisdiction.
1 For purposes of any SUIt action, or other proceeding anslng out of or relating
to this Agreement, the parties hereto do acknowledge, consent, and agree
that venue thereof IS Pinellas County, Flonda
2 Each party to this Agreement hereby submits to the Jurisdiction of the State
of Flonda, Pinellas County and the courts thereof and to the JunsdlctlOn of
the United States Dlstnct Court for the Middle Dlstnct of Flonda, for the
purposes of any SUIt, action, or other proceeding anslng out of or relating to
this Agreement and hereby agrees not to assert by way of a motion as a
defense or otherwise that such action IS brought in an inconvenient forum or
that the venue of such action IS Improper or that the subject matter thereof
may not be enforced In or by such courts.
3 If at any time dunng the term of this Agreement the Developer IS not a
resident of the State of Flonda or has no office, employee, City or general
partner thereof available for service of process as a resident of the State of
Flonda, or If any permitted assignee thereof shall be a foreIgn corporation,
partnership or other entity or shall have no officer, employee, agent, or
general partner available for service of process In the State of Flonda, the
Developer hereby designates the Secretary of State, State of Flonda, its
agent for the service of process In any court action between it and the City,
or both, anslng out of or relating to thIs Agreement and such service shall be
made as prOVided by the laws of the State of Flonda for service upon a non-
resident, provIded, however, that at the time of service on the Flonda
Secretary of State, a copy of such service shall be delivered to the Developer
at the address for notices as provided In 18 03
Development Agreement
ADOPTED 03/01/01
Page 48
/'1
~INELLRS COUNTY rLR
OFF REC 8K 11278 Fa S12
18.06. Estoppel Certificates. The Developer and the City shall at any trme and from time
to time, upon not less than ten (10) days prior notice by another party hereto,
execute, acknowledge and deliver to the other parties a statement In recordable
form certifying that this Agreement has not been modified and IS In full force and
effect (or If there have been modificatIons that the said Agreement as modified IS
In full force and effect and setting forth a notation of such modifications), and that
to the knowledge of such party, neither It nor any other party IS then In default
hereof (or If another party IS then In default hereof, stating the nature and details of
such default), It being Intended that any such statement delivered pursuant to this
SectIon 18 06 may be rehed upon by any prospective purchaser, mortgagee,
successor, assignee of any mortgage or assignee of the respective Interest In the
ProJect, if any, of any party made In accordance With the proVIsions of this
Agreement
18.07. Complete Agreement; Amendments.
1. This Agreement, and all the terms and proVIsions contained herem, including
Without limitation the Exhibits hereto, constitute the full and complete
agreement between the parties hereto to the date hereof, and supersedes
and controls over any and all pnor agreements, understandings,
representations, correspondence and statements, whether wntten or oral
2 Any proVIsion of this Agreement shall be read and applied In para matena
With all other prOVIsions hereof
3 ThiS Agreement cannot be changed or revised except by wntten amendment
signed by all parties hereto
18.08. Captions. The article and section headings and captions ofthls Agreement and the
table of contents preceding thiS Agreement are for convenience and reference only
and In no way define, limit, describe the scope or Intent of thiS Agreement or any
part thereof, or In any way affect thiS Agreement or construe any article, section,
subsection, paragraph or proVIsion hereof
18.09. Holidays. It IS hereby agreed and declared that whenever a notice or performance
under the terms of thiS Agreement IS to be made or given on a Saturday or Sunday
or on a legal holiday observed In the City, it shall be postponed to the next follOWing
bUSIness day
18.10. Exhibits. Each Exhibit referred to and attached to thiS Agreement IS an essential
part of thiS Agreement The Exhibits and any amendments or reVISions thereto,
even If not phYSIcally attached hereto shall be treated as If they are part of thiS
Agreement
Development Agreement
ADOPTED 03/01/01
Page 49
f~1
PINtllAS COUNTY rlA
Orr RtC,8K 11278 FG S1~
18.11. No Brokers. The CIty and the Developer hereby represent, agree and
acknowledge that no real estate broker or other person IS entitled to claim or to be
paid a commission as a result of the execution and delivery of thiS Agreement,
Including any of the ExhibitS, or any proposed Improvement, use, disposItion, lease,
conveyance or acqUisItion of any or all of the Project Site
18.12. Not an Agent of City. Dunng the term of thiS Agreement, the Developer hereunder
shall not be an agent of the City with respect to any and all selVlces to be performed
by the Developer (and any of ItS agents, assIgns, or successors) with respect to the
Project
18.13. Memorandum of Development Agreement The City and the Developer agree to
execute, In recordable form, on the Effective Date, the short form "Memorandum of
Agreement for Development and DIspOSItion of Property" and agree, authonze and
hereby direct such Memorandum to be recorded In the public records of Plnellas
County, Flonda, as soon as pOSSible after execution thereof, The Developer shall
pay the cost of such recording
18.14. Public Purpose. The parties acknowledge and agree that thiS Agreement satisfies,
fulfills and IS pursuant to and for a public purpose and mumc/pal purpose and is In
the public Interest, and IS a proper exercise of the City'S power and authonty
18.15. No General Obligation. In no event shall any obligation of the City under thiS
Agreement be or constitute a general obligation or Indebtedness of the CIty or the
City, a pledge of the ad valorem taxing power of the City or the CIty or a general
obligation or Indebtedness of the City or the City withIn the meaning of the
Constitution of the State of Flonda or any other applicable laws, but shall be payable
solely from legally available revenues and funds Nerther the Developer nor any
other party under or benefiCiary of thiS Agreement shall ever have the right to
compel the exercise of the ad valorem taxing power of the City, the City or any other
governmental entity or taxation In any form on any real or personal property to pay
the CIty'S or the City'S obligations or undertakings hereunder,
18.16. Other Requirements of State Law. Nothing In thIS Agreement shall be deemed
to reheve either party from full compliance With any prOVIsion of State law which IS
applicable to any of the obligations or undertakings proVided for In thIS Agreement
In the event that thiS Agreement omIts an obligation to comply With any prOVIsIon of
State law in regard to any of the obligatIons or undertakings prOVided for In thiS
Agreement, It IS the intention of the parties that such applicable State law shall be
deemed Incorporated Into thiS Agreement and made a part thereof In the event
that there IS any conflict between the proVISions of thiS Agreement and applicable
State law, It IS the intention of the parties that the Agreement shall be construed to
Incorporate such proVISIons of State law and that such proVISIons shall control
Development Agreement
ADOPTED 03/01/01
Page 50
<)
PIN~llRS COUNTY rlA
Orr R~C SK 11278 PO 914
18.17 . Technical Amendments; Survey Corrections. In the event that due to minor
InaccuraCies contaIned hereIn or any ExhibIt attached hereto or any other
agreement contemplated hereby, or due to changes resulting from technical matters
arising dunng the term of this Agreement, the parties agree that amendments to thiS
Agreement reqUired due to such inaCCUraCies, unforeseen events or circumstances
which do not change the substance of thiS Agreement may be made and
Incorporated herein The CIty Manager rs authorized to approve such technIcal
amendments on behalf of the City, respectively, and IS authorized to execute any
reqUired Instruments, to make and Incorporate such amendment to thiS Agreement
or any Exhibit attached hereto or any other agreement contemplated hereby.
18.18. Term; Expiration; Certificate.
1 If not earlier terminated as proVided In Sectron 12 05, thiS Agreement shall
expire and no longer be of any force and effect on the tenth anniversary of
the Effective Date
2 Upon completion of the term of thiS Agreement, all parties hereto shall
execute the Agreement Expiration Certificate The Agreement Expiration
Certificate shall constitute (and It shall be so proVided In the certificate) a
conclUSive determination of satIsfactory completion of all obligatIOns
hereunder and the expiration of thiS Agreement
3 In the event of any dispute as to whether any party IS reqUired to execute the
Agreement Expiration Certificate, the dispute shall be resolved by arbItration
as proVided In Article 14
4 The Agreement Expiration Certificate shall be In such form as Will enable it
to be recorded In the public records of Plnellas County, Flonda FollOWing
execution by all of the parties hereto, the Agreement Expiration Certificate
shall promptly be recorded by the Developer In the public records of Plnellas
County, Flonda and the Developer shall pay the cost of such recording
18.19. Approvals Not Unreasonably Withheld. The parties hereto represent that it IS
their respective Intent as of the Effective Date and do covenant and agree In the
future that all approvals, consents, and revIews Will be undertaken and completed
as expedItiously as pOSSIble, in good faith, and Will not be arbltranly or unreasonably
Withheld, unless othelWlse expressly authonzed by the terms of thiS Agreement
18.20. Effective Date. The Effective Date shall be the date of the last signature to thiS
Agreement
Development Agreement
ADOPTED 03/01/01
Page 51
~INELLR5 COUNTY rLA
Orr REC BK 11278 ~G 815
IN WITNESS WHEREOF, the parties hereto have set their hands and theIr
respective seals affixed as ofthl~ ! 3-A-day of ~~ ,2001
COUNTERSIGNED'
THE CITY OF CLEARWATER, FLORIDA
- ~~,j4w~~'-'L-:It.
Wilham B Horne I)
Intenm City Manager
Approved as to form
lL~-
Pamela K. Akin
City Attorney
Attest:
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregOing.instrurue~ -;.CknOWledged before me thIS 13 ~ay of ~
,2001 by ~ lj and BrtlthJ, AuI'\.~St- , Mayor and
C ..., Crty Clerk, respectively, for the City of ClealWater, Flonda, on beha f of the City.
'trJ-.'e. G'" u deo....u
By
Cv o~;t ~
Signature of Notary Pubhc
My Commission ExpIres
Pnnted, typed or stamp
NOTAAV PUBLIC STATE OF FLORIDA
CAROLYN L BRINK
COMMISSION II CCB34678
EXP IRES 5r1212OC3
BONDED THRU ..SA 1-llBlJ-NOTARYl
Development Agreement
ADOPTED 03/01/01
Page 52
/'
PIN~LL~S COUNTY rL~.
OFF R~C.8K 11278 PG 915
~~-
...
I
Attest.
By ___ --- -
--1licha:r
/
-~
EASHELL ResoRT, l.C.
--
Willlam J. Klmpton
Member
By'
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregoing Instrument was acknowledged before me this Ojl, day of /f!t(/l..f)\...>
, 2001 by Wl111am J. Klmpton and Rlchard E. Gehring , as
authorized Members of Clearwater Seashell Resort, L C, a Flonda limited liability
company, on behalf of Clearwater Seashell Resort, L.C"
By
/ j,J V"'^"'\.~
"":;'tj(" Janis M Przywara
f~'A;.r ~~ MYCOMMISSlmu CC7622S7 EXPIRES
~ :~ September 16, 2002
-$ A - ;j',,: BOtlDW TH~ lOOYF A'I'> INSUllmcllNC
, !1f,,:':i'
Pnnted, typed or stamp
My Commission Expires
Development Agreement
ADOPTED 03/01/01
Page 53
,'1
RS ceUNiY rLR
P INELL i 1278 PO 5117
err REC 8K
Clearwater Beach Seashell Resort
DEVELOPMENT AGREEMENT EXHIBIT LIST
March 1,2001
Legal Description of Controlled Property & Right ..... ..... ..... .....t ....... .. A
of Way to be Vacated
Project Description .. . ..8
Project Srte .. .C
Project Development Schedule .. 'Ii' ~.. .. ...... . .... 0
Covenant Trip Generation Management Program ..... E
Covenant Regarding HUrricane Watch Closure ,.. .F
LIst of ReqUired Permits & Approvals .. .. ..G
Public Improvements H
Appraisal Instructions ' .1
Cafe Seating ,J
Covenant of Unified Use K
License Agreement ..- .. .. , L
...
PIN[LLRS COUNTY rLR
Orr RtC BK 1127B PG 919
TOTAL PROJECT LEGAL DESCRIPTION. includinQ Controlled Proiect &
RiQht of Way to be Vacated
A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29, RANGE 15 EAST,
PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
LOT 57, LOT 104, THE SOUTH 2000 FEET OF LOT 56, AND THE SOUTH
2000 FEET OF LOT 103, THE LLOYD-WHilE-SKINNER SUBDIVISION, AS
RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY FLORIDA.
TOGETHER WITH LOT 105, LOT 106, AND THE NORTH HALF OF LOT 107,
THE LLOYD-WHITE-SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK
13, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA
TOGETHER WITH LOT 58 AND 59, THE LLOYD-WHITE-SKINNER
SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA
TOGETHER WITH THAT PORTION OF THIRD AVENUE A 60.00 FOOT
RIGHT-OF-WAY TO BE VACATED, BEING BOUNDED ON THE EAST BY THE
WEST RIGHT-OF-WAY LINE OF CORONADO DRIVE, AND ON THE WEST BY
THE EAST RIGHT-OF-WAY LINE OF GULFVIEW BOULEVARD, ON THE
NORTH BY THE SOUTH PROPERTY LINE OF LOT 57 AND LOT 104, AND
THE SOUTH BY THE NORTH PROPERTY LINE OF LOT 58 AND LOT 105,
TOGETHER WITH THE EAST 35 00 FEET OF A 70.00 FOOT RIGHT-OF-WAY
OF GULFVIEW BOULEVARD TO BE VACATED, BOUNDED ON THE NORTH
BY THE WESTERLY EXTENSION OF THE NORTH PROPERTY LINE OF
LOTS 57 AND 104, AND ON THE SOUTH BY THE WESTERLY EXTENSION
OF THE SOUTH LINE OF LOT 59
CONTAINING 1 63 acres (71,068 sq ft) more or less
PINE:.LLFlS
OPr RE:.c Bk COWNry rLR
11278 Pc;
SaD
CONTROLLED PROPERTY LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION B, TOWNSHIP 29, RANGE 15 EAST,
PINElLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS'
LOT 57, LOT 104, THE SOUTH 20 00 FEET OF LOT 56, AND THE SOUTH
20.00 FEET OF LOT 103, THE LLOYD-WHITE-SKINNER SUBDIVISION, AS
RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY FLORIDA.
TOGETHER WITH LOT 105, LOT 106, AND THE NORTH HALF OF LOT 107,
THE LLOYD-WHITE-SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK
13, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
TOGETHER WITH LOT 58 AND 59, THE LLOYD-WHITE-SKINNER
SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA
L
PJNELLRS COUNTY rLR.
Orr ~EC.8K 11218 PO 822
Seashell Project Description - as defined in presentations and applications
The properties are developed with The Glass House Motel at 229 South
Gulfview Boulevard, The Beach Place Motel at 301 South Gulfvlew
Boulevard, and a single tamlly house and out bUildings at 300 Coronado
Drive abutting the Beach Place Motel and operated under a common
ownershIp The proposed project assembles these parcels IOta a smgle
development site, which incorporates the vacated Third Street right-ot-
way Under the terms of the proposed development agreement, Gulfview
Boulevard is proposed to be rebuilt to the west, this parcel seeks rights to
use the eastern 1/2 otthe vacated Gulfvlew Boulevard rlght-ot-way
Surrounding land uses are: Gulfvlew Boulevard to the west, a Single family
umt and the Spyglass Motel to the north, Legends Steakhouse to the
south and Coronado Drive to the east. Across Gulfvlew Boulevard, there
IS a public parking lot abutting the Gulf of MexIco
The existing buildings consist at two motels which contam 66 hotel umts
The eXIsting properties contain several structures, all of which were built
between 1941 and 1956 - Most of the value In these properties is In the
land, The present assessed value ot the properties is $2,690,500. Land
values are $1,910,000, The value of the eXisting structures is $780,500.
The value at the new structure Will be approximately $65,000,000
Redevelopment IS proposed for these obsolete structures The proposed
use IS a 250-umt full service hotel with banquet, restaurant and retail and
an 750-space(mm ) parking garage which WIll serve both hotel users and
the general public In order to accomplish the proposed development, the
applicants propose to Implement the Gulf Walk improvement outlined 10
Beach bv Deslon ThiS Improvement will extend for approximately 1,000
feet, beginning at the exit to the eXlstmg Pier 60 parking lot and extending
southward. The Gulf Walk will prOVide landscapmg, pedestrian and
bicycle routes and a limIted amount of surface public parkmg, as well as a
relocated trave/way for vehicles ThiS travelway WIll be bUilt in a
curvilinear deSign and Will include "traffic calmmg" features Public parkmg
Will be replaced In the parking garage to be bUilt as part ot the hotel. The
public Will access the beach by a pedestnan overpass
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~INELLRS COUNTY rLR.
OFF REC.8K 11278 ~G sel
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made as of the
day of , 2001 by Clearwater Seashell Resort, L. C
Clearwater Seashell Resort, L C. is the owner of fee simple title to all of the real
property described in Exhibit 1 attached hereto and made a part hereof (hereinafter the
"Real Property"). The City of Clearwater 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 preliminary design for the revitalization of Clearwater Beach,
The designation of Clearwater Beach as a Commumty Redevelopment District
provide for the allocation of bonus resort units as an incentive for the development of
destination quality resorts with a full complement of resort amemties. Pursuant to the
designation of Clearwater Beach as a Community Redevelopment District, the allocation of
bonus resort units is subject to compliance with a senes of performance standards,
including a requirement that the resort hotel to be developed on the Real Property
Implements a tnp generation management program to reduce the number of vehicle trip$
generated by the use and operation of the Real Property.
The City of Clearwater has granted, by City Commission Resolution
passed and approved on , Clearwater Seashell Resort, L. C.'s
application for an allocation of bonus resort units pursuant to the provisions of the
designation of Clearwater Beach as a Community Redevelopment Districts subject to
compliance with the requirements of the designation of Clearwater Beach as a Community
Redevelopment District. Clearwater Seashell Resort, L. C. desires for itself, and its
successors and assigns, as owners 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 bonus resort units to Clearwater and the
deSignation of Clearwater Beach as a Community Redevelopment District, 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 bonus
resort units to Clearwater Seashell Resort, L C. and other good and valuable
conSideration, the suffiCiency of which IS hereby acknowledged, Clearwater Seashell, L. C.
hereby declares, covenants and agrees as follows.
-1-
'i\
p lNELLAS ~~~~~y priLA S6a
orr REC eK
1 Benefit and Enforcement These covenants and restncbons are made for the
benefit of Clearwater Seashell Resort, L. C and Its successors and assigns and shall be
enforceable by them and also for the benefit of the residents of the City of Clearwater,
Florida and and shall be enforceable on behalf of the said residents by the City
Commission of the City of Clearwater
2. Covenant to Prepare and Implement a Tnp Generation Manaoement
Prooram Clearwater Seashell Resort, L. C hereby covenants and agrees to the
development, use and operation of the Real Property In accordance With the provisions of
thiS Declaration
2 1 TriP Generation ManaQement ProQram Clearwater Seashell
Resort, L. C, shall prepare a Trip Generation Management Program which
Includes, at a mimmum, the program elements which are set out In Exhibit 2
which IS attached hereto and incorporated herein
2_2 Implementation, Clearwater Seashell, L C shall take all
necessary and appropriate steps to Implement the approved Trip Generation
Management Program and the selected management strategies,
3 Effective Date
upon its recording
ThiS Declaration shall become effective Immediately
4 Governlna Law ThiS DecJaration shall be construed In accordance With
and governed by the laws of the State of Flonda
5 RecordlnQ This Declaration shall be recorded In the chain of title of the
Real Property With the Clerk of the Courts of Plnellas County, Florida
6, Attornevs Fees. Clearwater Seashell Resort, L. C shall reimburse the
City of Clearwater for any expenses, Including attorneys fees, which are incurred by the
City of Clearwater In the event that the City determines that It IS necessary and appropnate
to seek Judicial enforcement of these DeclaratIOns and the City obtainS relief, whether by
agreement of the parties or through order of the court
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
-2-
ri)
~INtLLR$ COUNTY rLR
Orr RtC 8K 11278 p~ 983
IN WITNESS WHEREOF, Clearwater Seashell Resort, L. C. has caused this
Declaration of Covenants and Restrictions to be executed this day of
.2001,
Signed and sealed and delivered
Clearwater Seashell Resort,
L. C.
In the presence of,
By:
Name.
Title:
Da16:
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
This instrument was acknowledged before me this _ day of .
2001 by on behalf of Clearwater Seashell
Resort, L C
Notary Public
State of Flonda
My commission expires:
-3-
[1l
~JNELLRS COUNTY rLA.
orr REC 8K 11218 ~a 984
EXHIBIT 2
Trip Generation Management Program
1, Pnor to issuance of a Certificate of Occupancy for the Seashell Resort, the
developer shall Implement a Transportation System Management Plan. This Plan
shall establish practices, procedures and costs/fees for services to reduce the
number of tnps to and from the site Examples of methods, which may be
conSIdered are:
a Guest shuttle services/airport
b Guest shuttle services/activIties
c Employee shuttle
d Non-motonzed modes for guests
e Fixed route transit
f TaxIs/demand responsive transit
9 Non-motonzed modes for employees
h. Staggered working hours
The plan will address the tnp characteristics of resort occupancy, compare and
contrast the generation and reduction methods agamst non transient units and
create a supporting trip utIlization projection for the Beach bv Deslon transIt
proposal from both hotel visitors and garage patron~. The plan will apply a best
methods approach City and County transportation programs may also generate
additional methods based on specIal studies or intergovernmental program fundmg
(County-wide Gulfvlew Trolley System)
2, Prior to Issuance of a Certificate of Occupancy for the Seashell Resort, the
developer shall submit a Hurncane Evacuation Plan to the City. This Plan shall
establish practices and procedures to be Implemented when a hurricane watch IS
established for Clearwater. These practices and procedures will lead to evacuation
of the Seashell Resort when a hurncane watch is Issued for Clearwater.
,.J!
PIN~LLR$ COUNTY rLR
OrF REC SK 11278 PG 988
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS IS made as ofthe
day of , 2001 by Clearwater Seashell Resort, L C
Clearwater Seashell Resort, L. C. IS the owner of fee simple title to all of the real
property descnbed in Exhibit 1 attached hereto and made a part hereof (hereinafter the
"Real Property") The City of Clearwater has amended Its ComprehensIVe Plan to
designate Clearwater Beach as a Community Redevelopment Dlstnct pursuant to the
Pmellas County Planning Council Rules In order to Implement the provisions of Beach by
Design, a preliminary design for the revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District
provide for the allocation of bonus resort units as an incentive for the development of
destination quality resorts With a full complement of resort amenities. Pursuant to the
designation of Clearwater Beach as a Community Redevelopment District, the allocation of
bonus resort units IS subject to compliance with a senes of performance standards,
including a reqUirement that resorts developed with bonus resort units pursuant to the
Community Redevelopment District shall be closed and all guests evacuated from the
resort withm twelve (12) hours after the National Hurricane Center posts a humcane watch
that Includes Clearwater Beach. The purpose of the evacuation of the Real Property within
twelve (12) hours of the Issuance of a hUrricane watch is to ensure that the Real Property
IS evacuated In advance of the penod of time when a hUrricane evacuation would be
expected in advance of the approach of hurncane force wmds.
The City of Clearwater has granted, by City Commission Resolution
passed and approved on , Clearwater Seashell Resort, L. C 's
application for an allocation of bonus resort units pursuant to the provisions of the
designation of Clearwater Beach as a Community Redevelopment Dlstncts subject to
compliance With the requirements of the designation of Clearwater Beach as a Community
Redevelopment District Clearwater Seashell Resort, L. C. deSires for itself, and its
successors and assigns, as owners 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 bonus resort units to Clearwater and the
designation of Clearwater Beach as a Community Redevelopment District, which rights,
duties, obligations and responsibilities shall be bmdlng 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 bonus
resort Units to Clearwater Seashell Resort, L C and other good and valuable
conSideration, the sufficiency of which IS hereby acknowledged, Clearwater Seashell, L. C
-1-
f\
PIN~LLRS COUNTY rLR
Orr REC.SK 11278 ~O 9S7
hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement These covenants and restrictions are made for the
benefit of Clearwater Seashell Resort, L. C. and its successors and assigns and shall be
enforceable by them and also for the benefit of the residents of the City of Clearwater,
Florida and and shall be enforceable on behalf of the said residents by the City
Commission of the City of Clearwater.
2 Covenant of Development, Use and Operation Clearwater Seashell Resort,
L. C 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 bonus resort Units allocated to Clearwater
Seashell Resort, L C. shall be limited to overnight accommodations with occupancy
limited to stays of thirty (30) days or less
22 Closure of Improvements and Evacuation. The improvements
developed on the Real Property shall be promptly closed upon the Issuance of a
hurncane watch by the National Hurricane Center which hurricane watch mcludes
ClealWater Beach and all guests, visitors and employees other than emergency
and security personnel reqUired to protect the improvements, shall be evacuated
from the Real Property within twelve (12) hours of the issuance of said humcane
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 ofwaming
employed by the National Hurncane Center which precedes the Issuance of a
forecast of probable landfall in order to ensure that the guests, visitors and
employees will be evacuated substantially In advance of the Issuance of a forcast
of probable landfall.
3 EffectIVe Date
upon Its recording
This Declaration shall become effective immediately
4 GovernlnQ Law This Declaration shall be construed In accordance With
and governed by the laws of the State of Flonda
5 RecordlnQ This Declaration shall be recorded in the chain of title of the
Real Property With the Clerk of the Courts of PineUas County, FlOrida
-2-
d'
PIN~LLRS COUNTY FLA,
OFF R~C,eK 1127S PG 988
6. Attorneys Fees Clearwater Seashell Resort, L. C. shall reimburse the City of
Clearwater for any expenses, including attorneys fees, which are incurred by the City of
Clearwater in the event that the City determines that it is necessary and appropriate to seek
judicial enforcement of these Declarations and the City obtains relief, whether by agreement of
the parties or through order of the court.
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, Clearwater Seashell Resort, L. C. has caused this Declaration of
Covenants and Restrictions to be executed this day of ,2001.
Signed and sealed and delivered
in the presence of:
Clearwater Seashell Resort, L. C
By:
Name:
Title
Date
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
This Instrument was acknowledged before me this _ day of , 2001 by
on behalf of Clearwater Seashell Resort, L C.
Notary Public
State of Flonda
My commission expires'
-3-
.e
PIN~LLR$ COUNTY rLR
Orr.R~C.SK 1127S PO sse
APPROVALS & PERMIT LIST
. Site plan, height, vacation approval
. Piling & foundation permit
. Demolition permit
. Site alteratIon/drainage permit
. Utllity relocation permit
. Vacation condibon & replat approval
. Building permits package
o Structural
o Mechanical
o Electrical
o Plumbing
. Beach Improvement permits
o CCCL permit ~ from Flonda Beaches and Shores
o Utility & Drainage permit ~ with Cdy Engineer & SWFMD approval
o Roadway Permit - approved by Cdy Engineer
o Landscape, Irrigation (graywater) & Lighting - approved by Recreation
& Parks
o Pedestrian Bridge, Elevated Walk & Beach Elevator Public Service
Facility (building permit)
r/)
PINtLLRS COUNTY ~LR.
O~F' R~C, 8K 11278 POf. ~S8 J
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Off REC 8K 11278 PQ 995
Aooralsallnstructlons
TYPically, an appraIsal of this type will use three appraisal methods, separately
assessing Comparable Sales Value, Income Approach, (Net Present Value of
Future Income Stream), and Replacement Cost Furthermore, a typical appraisal
IS to determine fair market value, as defined under Title XI of the Financial
Institutions, Reform, Recovery and Enforcement Act of 1989, 12 CFR Part
323.2.1. This definition IS The most probable price which a property should bnng
In a competitive and open market under all conditIons requIsite to a faIr sale, the
buyer and seller each acting prudently, knowledgeably and assuming the pnce is
not affected by undue stimulus Implicit In this definition IS the consummation of a
sale as of a specified date and the passing of title from seller to buyer under
conditions whereby
1 Buyer and seller are typically motivated;
2 Both parties are well-informed or well-advised, and acting In
what they consider to be their own best Interests,
3. A reasonable time IS allowed for exposure to the open
market,
4. Payment is made In terms of cash In U S. dollars or In terms
of financial arrangements comparable thereto,
5 The pnce represents the normal consideration for the
property sold unaffected by special or creative financing or
sales concessions granted by anyone associated With the
sale.
There IS no known open market with comparable garage sales within the Flonda
West Coast market area, which precludes use of the Comparable Sales
Approach to valuation This public garage IS to be held as a commercial
condominium and Will form one of the components of a mixed-use project
compnsed of a hotel, restaurants, retail, and additional parking used by the other
components. The underlYing land IS therefore owned by the condominium, and a
determination of the value of the portion of land to be attnbuted to the public
garage would be subJective, at best If the appraiser were to assume the garage
were free-standing uSing a Replacement Cost method, the land would have to be
valued at Its Highest and Best Use, which would not be as a parking garage
Therefore, the Replacement Method IS not useful for thiS appraisal The
remaining, the Income Approach, IS the only reasonable method for
determination of the transaction value under these conditions
Therefore, for purposes of calculating the fair market value of the public parking
garage to equal to the projected net operating Income to be generated from the
ri'
PIN~lLR$ COUNTY rLR
Orr REC 8K 11278 PO 986
operation percent (6%), said rate exceeding the City'S cost of funds at the
Effective Date of this Agreement
The projected net operatmg Income shall equal the projected gross revenue
minus the operating expenses The operating expenses shall equal the owner's
actual cost Incurred If the public parking garage has been operated for a penod
of one (1) year, or In the event that the garage has been operated for less than
one (1) years, the owner's budget
2
~r
PIN~llR$ COUNTY rLR
Orr REC BK 11278 PG sse
.-1
. I
Cafe Seating
The ordinance to be adopted by the City of Clearwater shall authorize the use of
the easterly [17.5] feet of the West 35 feet of the eXisting right-of-way of South Gulf
View Boulevard, as well as portions of the elevated sidewalk located adJacent to the
easterly edge of the ProJect Site for the purpose of placing chairs and tables to operate
restaurants/cafes within such areas. Such areas may be used for the service of food
and beverages, Including beer, wine and alcoholic beverages so long as the alcoholic
beverages are for on-premises consumptJon only Additionally, such ordinance shall
authonze the operators of the restaurants/cares to install access control barriers, which
are not permanent structures, around the perimeter of cafe seating areas
c"
PIN~LLR$ COUNTY rLA
OFr REC 8K 11278 PO 1000
THIS INSTRUMENT PREPARED BY
AND WHEN RECORDED, RETURN TO
Stephen J. Szabo, III, Esq.
AnniS, Mitchell, Cockey,
Edwards & Roehn, P.A
Post Office Box 3433
Tampa, Flonda 33601
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Agreement") IS executed thiS _
day of , 2001 (the "Effective Date") by CLEARWATER SEASHELL
RESORTS, L.C., a Florida limited liability company ("Owner").
w ! TN E SSE T H:
WHEREAS, Owner is the owner of the real property legally described on Exhibit
"A" attached hereto and incorporated herein by reference (the "Property"); and
WHEREAS, Owner and the City of Clearwater (the "City") are parties to that
certain Development Agreement dated , 2001 (the "Development
Agreement") pursuant to which the City has agreed that Owner may develop and
construct upon the Property a multi-use project consisting of not less than 750 parking
spaces (of which not less than 400 shall be public parking spaces), up to 50,000 square
feet of retail space and 250 reSidential hotel Units, all as more particularly described in
the Development Agreement, and
WHEREAS, Owner has agreed that the Property shall be developed and
operated for a unified use, as more particularly described hereinbelow
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($1000) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Owner does hereby agree that the Property shall be developed and
operated as a unified mixed-use project such that the reSIdential hotel units constructed
upon the Property shall be occupied and operated as a single hotel The restrictions set
forth in the preceding sentence shall survive for a period of () years
from the Effective Date of thiS Agreement. Nothing In thiS Agreement shall preclude the
purchase and sale of the reSidential hotel Units and all other components of the mixed-
use project constructed upon the Property to separate, unrelated third party owners, so
long as the reSidential hotel umts are operated and occupied as a Single hotel
throughout the term of this Agreement Owner agrees that the City shall have the right
to enforce the terms and conditions of thiS Agreement
: )1
1
PINELLR$ COUNTY rLA
orr REC BK 11278 PG 1001
IN WITNESS WHEREOF, the undersigned has executed this Covenant effective
the day and year first above written.
Witnesses'
CLEARWATER SEASHELL RESORTS,
L C., a Flonda limited liability company
Pnnt Name
By'
Print Name'
Print Title
Print Name:
STATE OF FLORIDA
COUNTY OF
day of
, as
of CLEARWATER SEASHELL RESORTS, L.C, a Florida
limited liability company, on behalf of the limited liability company, who IS personally
known to me or has produced as
I dentlficatio n.
The foregoing Instrument was acknowledged before me thIs
February, 2001, by
NOTARY PUBLIC
Name
Serial No.
My Commission expires
tfTl0137 v1 -10814-020
-2~
r!:
. I
PINELLA$ COUNTY rLA
Orr REC SK 11278 PG 100~
.
THIS LICENSE AGREEMENT, made and entered Into this _ day of ,
200_, by and between the CITY OF CLEARWATER, FLORIDA, a Flonda municipal
corporation ("licensor") and CLEARWATER SEASHELL RESORT, L. C , ("Licensee")'
WITNESSETH
WHEREAS, Licensor IS the owner of fee simple title to the area descnbed In Exhibit
A attached hereto and incorporated herein,
WHEREAS, Licensee is the developer of a mIxed use resort project on Clearwater
Beach which Will include at least four hundred (400) parking spaces which will be open to
the public,
WHEREAS, in conjunction with the construction of the mixed use resort project
Licensee is constructing an elevated beach access facility between the parking spaces
which Will be open to the public and the public beach ("Elevated Beach Access Facillty"),
WHEREAS, the support structures for the Elevated Beach Access Facility on the
gulfslde of South Gulfvlew Will be improved for the public convenience and benefit with
public beach service Improvements ("Beach Service Faclllty");
WHEREAS, the Elevated Beach Access FacIlity and Beach Service FacIlity will be
dedicated to the publIC;
WHEREAS, the City has determined that it IS In the best mterests of the residents of
the City of Clearwater to have the Beach Service FaCIlity operated by the Licensee,
WHEREAS, the Licensor is willing to grant a license to Licensee to use and
operate the Beach Service Facility for the purposes stated in thiS agreement,
NOW, THEREFORE IT IS MUTUALLY AGREED, AS FOLLOWS:
1 License Granted. The City hereby grants a license to use and operate the
Beach Service FaCIlity
2 Term The term of the license IS fifty (50) years, begInning on the first (1st)
day that beach service facilities are available for use, and ending on the same day, fifty
(50) years thereafter, unless terminated pursuant to paragraph 3 of thiS License
Agreement,
-1-
i
PINELLR$ COUNTY rLR
Orr R~C BK 11278 PG 1004
.
3. Termination. The license may be cancelled by the Licensor at any time.
ninety (90) days after providing Licensee written notice that the Beach Service Facility is
not being operated in accordance wIth the reqUIrements of this License Agreement. The
written notice shall specify each and every way In which the Licensee has failed to operate
the Beach Service Facility In accordance WIth the requirements of thiS License Agreement
and the Licensee shall have ninety (90) days to reasonably cure such failures
4 Exclusive Rights. The Licensee shall have the exclusive nght to conduct
the activities described in Exhibit "1", which is attached hereto and incorporated herein In
or at the Beach Services Facility
5. Payment for Services. The goods and services provided by Licensor
shall be available to the general public, however, the CIty agrees that the Licensee may
make speCial provIsion for payment of services rendered to the public through the
Licensee's resort or other resort properties on Clearwater Beach
6 Hours of Operation. The Beach Service Facility shall be open at normal
penods of beach use.
7. Operation and Maintenance. Licensee shall be responsible for the
operation and maintenance of the Beach Service Facility including operation,
maintenance, upkeep, repair and replacement Licensee shall maintain the Beach Services
FaCility In good order, condition and repair, reasonable wear and tear excepted.
8 Use of the Facility. Licensee hereby covenants and agrees to make no
unlawful, Improper, or offenSive use of the Beach Service Facility Licensee shall not
permit any person other than Licensee to conduct a busmess m or from the Beach Service
FaCility without the written consent of the Licensor
9 Assignment. Licensee hereby covenants not to assIgn, pledge, hypothecate
the license created herein I In whole or m part, without the prior wntten consent of the
LIcensor except to Bella Vista Seashell Resort LLC and/or the hotel operator for which no
consent shall be required. The paragraph IS mtended to and shall be construed to Include
a prohibition on the assignment of the license by operation of law
10 Taxes. Licensee shall promptly pay any and all taxes, Including but not
hmlted to state sates taxes, occupation license taxes, beverage license and permit fees
due In regard to the operation and use of the Beach Services FaCility, but not ad valorem
taxes or personal property taxes, If any, which shall be paId by Licensor
-2.
rf)
PIN~LLA$ COUNTY ~LR
D~r REC,8K 11278 ~G 1005
11. Utilities. Licensee agrees to be responsible for all costs related to any
utilities provided to the Beach Services Facility
12 Modifications to _Structure Licensee IS not authorized to make any material
change to the Beach Services Facility Without the written approval of the City
13 Indemnification. Licensee agrees to Indemmfy and hold Licensor and its
employees harmless from and against any and all claims, demands, causes of action or
lawsuits of whatever kmd or character ansmg out of this License Agreement and/or
performance hereunder Licensee agrees to Investigate, handles, provide defense for and
defend any such claims, demands, causes of action or lawsuits at its sole expense and
agrees to bear aU other costs and expenses related thereto, even If the claim, demand,
cause of action or lawsuit IS groundless, false or fraudulent.
14 Insurance Licensee shall at his own expense purchase and mamtaln
during the term of this License Agreement the following Insurance coverages:
[to be mserted at time of execution]
Licensee shall provide the City With copIes of all msurance poliCies required by thiS
License Agreement.
15. Destruction of Facilltv. In the event that the Seach Service Facility IS
destroyed, by whatever means, licensee shall be reqUired to rebUild the Facility In
accordance With the original plans and specifications. The City agrees that any Insurance
proceeds received by the City In conjunction With the destruction of the facIlity shall be
provided to Licensee for use In rebUlldmg the Facility.
16. Compliance With Government ReQulabons
With the requirements of all agencies of government.
Licensee agrees to comply
17 SIQns All slgnage shall be In conformance With the City of Clearwater's Land
Development Regulations
18_ Costs of Enforcement In the event that Licensor Incurs any cost to
enforce any of the proVIsions of thiS License Agreement. Includmg but not limited to
attorneys fees, Licensee agrees to pay said costs.
-3-
rP
Countersigned'
Mayor
Approved as to form:
CIty Attorney's Office
'(I
Attest.
PJNELLR$ COUNTY rLR
Orr,REC SK 11278 PG 1006
CITY OF CLEARWATER
By
City Manager
-4-
City Clerk
CLEARWATER SEASHELL
RESORT, L C
By:
,P
PIN~LLR$ COUNTY rLR
Orr REC BK 1127B PG 1007
EXHIBIT 1
1 Rental of beach towels
2. Rental of chairs, umbrellas and cabanas.
3. The sale of packaged snacks and non-alcoholic beverages
4 The sale of beach sundries
5 The rental of showers and lockers.
-5-
t .----
"
r,
MACFARLANE FERGUSON & MCM1.:[LLEN
ATTORNEYS AND COUNSELORS AT LAW
9:()0 HIGHF>OINT CE.NTER
.06 EAsT COl..LEGE: AvENUE
TALLAHASSEE FLOR'O^ :'2:.0.
(sao) 6817381 FIV< (a.!iO~ e91.0281
"'00 NORTH T.A,MPA S.......~EET SUITE: 2300
POBOX 153-1 (%IP 33601)
TAMPA FLO~10A 33602
(813) 273 4200 FAX (613) 21.3 4396
625 COURT STREET
F'" 0 BOX .669 (ZIP 3.3757)
CLEi'\RWA"'tE:R FLORIOA 33796
(727) 441 8966 FAA ('727l 442: 8470
IN RE:PLY f;l:E.f=""ER TO
Tampa
March 12, 200 I
VIA F ACSlMlLE and
VIA HAND DELIVERY
Clerk, CIty of Clearwater
Clearwater City Hall, 2d Floor
112 S Osceola Ave
Clearwater, FL 33756
rID ~ ~ ~ 0 \VI ~- rm
till MAR 1 3 z001\JD
PLANN!tlfJ & DE\.Et9i~i, ;01 r SVCS'
rlW Of CLE).G~\lp! tB
Re AdmInIstratIve Appeal of DeCISion ofCommuruty Development Board (CDB) In Case No
FL 01-01-01 and DA 01-01-01/ Clearwater Seashell Resort
NotIce ofFIlmg Supplemental EVldence/ExhIblt
Dear Honorable Clerk
On behalf of A P Mar, Inc (d/b/a Port Vue), Antomos Markopoulos (d/b/a Day's Inn), Kolossos
Inn,Inc (d/b/a Beach Towers), T M Megas, L C C (d/b/a Spy Glass) and T M Megas, L C C
(d/b/a Golden Beach) (collectIvely referred to as "Marko poulos"), we are filIng a copy of the
Development Order Issued by the CDB on Case Nos FL 01-01-01 and DA 01-01-01 whICh IS
dated March 9,2001 and whIch we received via facslITule on March 9,2001 Please file thIS
Development Order as part of the record and as an exhIbit m the appeal proceedmg In addition,
we subnut the followmg ObjectIOns to the Development Order
1 We object to the Development Order as It contams mformatlon beyond the scope
of the deciSIon rendered at the CDB heanng on February 20, 2001, mcludmg but
not lmllted to referencmg a deCISion of the City CommissIOn wluch was rendered
subsequent to the date of the CDB hearmg
2 We object to the Development Order recltmg findmgs because no findmgs were
made
f'
I
..
Clerk, City of Clearwater
March 12, 2001
Page 2
Markopoulos reserves the nght to supplement or modIty the eVIdence and/or exlnbIts, mdudmg
but not hmIted to rebuttal eVidence and/or rebuttal exlnbIts Thank you for your attention to tlus
matter
JrLJ44
Gordon J Selnff ~
end
cc Pamela K Akm, Esq , CIty Attorney (VIa facsInnle, VIa hand delIvery)
Plannmg Department (Via facsImile, Via hand dehvery)
(
_~~!09/2~~1 ~ 53 7275524576
PLAN
r-'14l..::lt. l:Il
~
Plannmg & tJe,veIopment sef'Vk:es Adm,"~
100 SO Myrtle Ave , ~ Floor
Cleatwater FL '34616
CITY OF
CLEARWATER
P-S-:
U~tR. L,. 6:ex e.--
(Inducting this page) :3>
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T~~ Schlrpf
FlOC 6\~. ~1? . f1:,q Co
From:
Phon<<
o.te:
RaI'DevcJerp. Of1ftL/'
(V\()..v~
(] Urgent: 0 FOI' R*VIew [] "'-- CommeItt 0 ,...... R~
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03/09/2~01 10'53
7275524571:.
PLAN
PAGE 02
CITY OF CLEARWATER
l.O.l'lG JW/GR P1..\m;[NG
DEVELOPMErlT Rsvmw
HoUSING DMsI01'l
N~GK90~t~ Gehring
C/o Clearwater Seashell Resort LLC
748 Broadway Street, #202
Dunedin. FL 34689
PlANNING DEPAlITMENT
POST OmC6 Box 4748, ~AnR, Fl.O$IJ04 33758-4748
MUNIClYAJ. SEJlVlC!S BTJIlDING, 100 Sount MtllTU!. AVENUE, CtVJl;1i'ATER, FWklDA 33756
TElEPHONE (121) 562-4567 FAX (727) 562-4576
March 9. 2001
RE: Development Order regardmg cases FL 01.01~01 and DA 01-01-01 at 301 South
Gulfvicw Boulevard
Dear Mr. Gehring'
ThlS letter constttutes a Development Order pursuant to SectIon 4.206 D.7 of the
Conununtty Development Code. On February 20, 2001, the Community Development
Board reviewed the Flexible Development and Development Agreement apphcations for
a 2S0-room full~servtce hotel With SOD-space parkmg garage. The following specific
requests were included:
1. An increase in height from 3S feet to 150 feet, mcrease from 6S rooms to 250 rooms,
reduction 10 front (west) setback along South Gulfview Boulevard from 10 feet to
zero feet, reducbon in front (east) setback along Coronado Dnve from 10 feet to zero
feet, reduction in side (north) setback from 10 feet to zero feet, and reduction in side
(south) setback from 10 feet to zero feet, as part of a Comprehensive lnfil1
Redevelopment Project;
2. Review of, and recommendation to the City CommiSSion on, a request to vacate Tlurd
Street nght-of-way from SO\l.th Gulfview Boulevard to Coronado Drive;
3. RCVJew of, and recommendation to the City CommiSSIon on, a request to vacate the
eastern 35 feet of South Gulfuew Boulevard nght-of-way (beginning approXimately
130 feet north of the centerhne of Third Street and endmg approximately 150 feet
south of the centerline of Third Street, totaling approxunately 250 Imear feet of South
Gulfucw Boulevard right-of-way); and
4 Review of, and recommendatlon to the City ComnuS$10n on, a development
agreement between Clearwater Seashell Resort L.L.C and the City of Clearwater.
BIUAN J M/NGST, MAYOR-COMMlSSlONtR
J B JmmSON, VICE MAVOR.cm.t.'olISSIO/iEIl
ED HA.lt.T, CoM'olISSIONt!R
*
Boa C'-"U. Co!llMISSJONt:R
fl D,o,,,,D HE'>\fRlCK, CoM.MlSSIONER
"EQUAL EMplOYMENT,vID AFnRMA'IM! AcnON E.Mrl.OYlj:R"
03/e9/28~1 10 53
7275G2457~
PLAN
PAGE 83
Development Order
FL 01.01-01IDA 01-01..01
March 9,2001 - Page 2
Based on the applicatIon and the Btaff recommendation, the Board found that the proposal
is in compliance with the standards and criteria for Flexible Development approval, the
maximum development potential standards and all other apphcable standards of the
Community Development Code. The Conunumty Development Board approved the
Flexible Development apphcation with three condJ.t1ons:
1. That the application be effectIve upon development agreement approval by CIty
Commission;
2. That the South GulMew Boulevard and Third Street nghts..of-way be vacated by City
Commission; and
3 That the final design of building be consistent with conceptual elevations submitted
and/or modified by the Community Development Board.
The Community Development Board also recommended approval of the Development
Agreement to the City Commission which was subsequently approved on March 1,2001-
Pursuant to Section 4-407, an application for a building pemut shall be made within one
year of Flexible Development approval (February 20, 2002) and all required certificates
of occupancy shall be obtaIned Within one year of the date of issuance of the bUIldmg
permit. TIme frames do not change Wlth successive owners, The Community
Development Board may grant an extension of time for a penod not to exceed one year
and only within the original period of validity.
Please remember that a building permit and impact fees WIll be reqw.red prior to the
construction of the project. Should you have any questions, please contact Lisa L Fierce,
Development Review Manager at 727 562.4561.
V?;~~
Gerald FIgurski. Chairman
Community Development Board
S \Pltlllllln8 ~~llr\C D B\FLE.X\/n"gcf",~ ()r Flllt,hr:;d Appl/ca,I()/UI Gulftte-w S J01 Marriott H()/tl- ApprowdlMrfrrfOlI Hottl
~pmtmt ordudoc
M~~FARLANE FERGUSON
03/12 '01 14:59 NO 689 02/06
MACFARLANE :FERGUSON & McMULLEN
ATTORNeyS AND COUNSEI.ORS AT L.AW
fiIIC:III:I 1-i10HPOrHT ~NT'&R
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POBOX ,_" ,,.,.. 3311571
~RW"'-T~R. FLORIo.-. 3379011
1'"'' ...-11-0._ I',o,x '7211.......41..'0
'i'4 I'IE:PL.Y "~I'l TO
Tampa
March 12, 2001
VIA FACSIMJLE and
VIA HAND DELIVERY
Clerlc, CIty of CleaJWater
Clearwater City Hall, 2d Floor
112 S Osceola Ave
Clearwater, FL 33756
Re Administrative Appeal of Decision of Community Development Bow (COB) in Case No
FL 01-01-0 I and DA 01-01-011 Clearwater Seashell Resort
NotIce of Ftlmg Supplemental Eviden.celExhibit
Dear Honorable Clerk
On behalf of A.P. Mar, Jne (d/b/a Port Vue)~ Antomos Markopoulos (d/b/a Day's Ion), Kolossos
Inn, Inc (d/b/a Beach Towers), T M Megas, L C.C. (d/b/a Spy Glass) and T M Megas, Lee
(d/b/a Golden Beach) (collectIvely referred to as "Markopoulos'l)1 we are fihng a copy of the
Development Ordenssued by the CDB on Case Nos. FL 01-01-01 and DA OJ -01-01 wluch is
dated March 9,200] and which we received via facsimile on March 9,2001 Please flIe dUB
Development Order as part of the record and as an exhibit m the appeal proceedmg In addltlon,
we submit the following objections to the Development Order.
1 We object to the Development Order as It contam.s InformatIon beyond the scope
of the decision rendered at the COB heanng on February 20,2001, mcludmg but
not limited to referencmg a decision of the City Commission which was rendered
subsequent to the date of the CDB heanng
2 We object to the Development Order recIting findmgs because no tindmgs were
made
10) ~@~UW~ nil
UU MAR 1 2 2001 U)J
PLANNING & DEVELOPMENT SVCS
CITY OF CLEAgWA.TER
~ MA(FARLANE FERGUSON
03/12 '01 14:59 NO.6B9 03/06
Clerk, City of Clearwater
March 1212001
Page 2
MarkopouJos reserves the right to supplement or modIfy the evIdence andlor eJdnbits, including
but not Junited to rebuttal evidence and/or rebuttal exhibits Thank you for your attention to tJus
matter
~ ;4<{
~~~ ScIulf ~
encl
co Pamela K. Akin, Esq., Crty Attorney (via facsimile, Via hand dehvery)
PlanniJJg Department (via facsim.i1e, via hand del1very)
ml~@~llW~ r\\\1
\00 MAR I 2 2001 IUD
E OPMENTSVCS
PLANN~-N t~t1F 7 Cl',NATER
v MA{,FARLANE FERGUSON
__.:'..:! ....~~~.r. -!R'~" {':fO"'J"~/b
03/12 101 14:59 NO.689 04/06
~ ~~~~ 01
---- ..--
P1tnnll'lg 50 Dewbpmtllt &eMees Admlnldetlon
100 So. M}'rtJI Ave., ~ FlOor
~. R. 3481f1
CITY OF
CLEARWATER
Fax
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(IncludIng thl$ page)
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pLANNING ~~t%~ \1W~\ER
MACFARLANE FERGUSON
113/09i2001 IB:53 7~7S5?~-76!
03/12 '01 15:00 NO.689 05/06
PLAN PAGE 02
I.ONG RANcB ~
~~
HouslNo 0IvI.sI0l'I'
~it~ Gehring
C/o Clearwater Seashell Resort LLC
748 Broadway S1rcet. #2.02
IluncdiD. FL 34689
CITY OF CLEARWATER
PLANNING DEPAR"tMFJ'ft
Po". 0m0l Box 4748, CI.W1'ATBlt, FtOftDA. 337584748
MlmlaPAL SSlMC2$ Bun.Du<<;, 100 Sou1'H Ml'm.! AVENtIB, CWJlw'A'J'ER, Fl.OJJDA. 33756
~ (121) $62-4567 FoUl: (fZ7) S6Z-4576
Mw:ch 9.2001
RE: Deve10pmmt Onter regarding cases FL 01-01..01 aud. DA Ol-Ol..()ll1t 301 South
GulMew Boulevard
Dear Mr Gebri.ng!
'Ibis letter constitutes a Development Order pursuant to Section 4-206 D.7 of the
CommODity De-teJopment Code. On FebnIary 20, 2001. the Community Development
Board reviewed the Flexible Development and Development Agreemlmt applications foX'
a 2,Q..room full-service hotel with 800..space parkmg garage. The following spe.ciflc
request$ 'Were included:
1. An increaae Ul height from 3S fm: to ISO feet. increase ftonl6S roOUlS to 250 rooms,
redu.ctton in front (WMt) setback dong Sauth GulMew BouIevsnl from 10 feet to
zero fi!et, reduct10n in front (eut) letbaclc along COronado Drive from 10 feet to zero
feet. reduction in side (north) setback from 10 feet to zero feet, and red.uction in side
(1IOu1h) setback fi'o:rn 10 feet to zero feet as part of a Comprehensive Infill
Redevelopment Project;
2. Review ot, and MCOtnD),enclatiOI1 to the Cdy Commi&s1on on, a request to vacate ThirdeStt'eet right~f-way from South Oulfview Boulevard to Coronado Drive;
3. RevIew of, atld reem:mnendattoD to the City Comm.i$S;i.on on, a requ<:$t to vacate the
eastm1 3S feet of South OuIfView Boulevard right-of-way (beginning approximately
130 feet north of the centerline of Third Street and ending approximately 150 feet
south of the centerline of Third Street, totaling approximately 250 linear feet of South
Oulfview Boulevard right.-of-way); and ,
4. Review o~ and recommendatlon to the City Commission on. a development
agfeettlent between Clearwater Seashell Resort L.L.C. an.d the City of Clearwater.
\\UI. ~@~ijW~l~
,...,.......__"":.;..-.-..... BooJ1J ~fR ~.2 20\)\ \\lli\
ED HMT, Co~1QHl!Il. .4\ p, DIo"'o J-I~\ 'l -NT SVCS
. ING & 0 VElOPlJt ~
"EQUAL ENP~ Nl'l) AmP.MATJvz ~ EM~~ I PbANt~iT'l ~t\.-t. ~,nW!l~
M~JFARLANE FERGUSON
~3/09l2eel 18'53 7275G2~~~&
03/12 101 15:00 NO.689 06/06
PLAN PAGE as
Development Order
FL Ol-Ol..QIJDA 01-01..01
Manlh 9. 2001 - Page 2
Based on the application and the stalf'recommendation, the Board found that the proposal
is in compliance with the standards and critena for Flexible Development approval, the
maximum development ~alltandards and all other applicablo standatdJl of'the
Community DeveIopmCDt Cod,e. The Community Development Board approved the
Flexible Developmeat application with three conditions:
1. That the application be atlCetive upon development agreement approval by City
Commission;
2. That tho South Gulfview Bcmlevard &nd. Third Stteet right$-of-way be vacated by City
CommiJsion; and
3. That the final design of building be CODSi8tent with c.onceptW elevations submittcc1
and/or modified by tho Community Development Boan!.
The Community Development Board also recommended epprovaJ of the Developmtnt
Agreement to the City Commission which was subsequently approved on March \, zoot
Purawmt to Section 4-407, IU1 application for a building permit shall be made within one
year of Flexible Development approval (February 20,20(2) and all required certificates
of oocuplmC)' shall be obtQincd wi1bin one year of the date of' issuance of the buildiog
permit Time &ames do not change with successive owners. Tho Community
Development Board. may grant an extension of time for a period not to exceed one year
and only within the original period of validity.
Please mnernber that a building permit attd impact fees will be required prior to the
oonstruetfon of the project. Should you have any questions, please contact Lisa L Fierce,
Development Review Manager at 727.562.4561.
v~~~
Gerald Figuraki, Chairman
Commmily Development Board
S'\PtdMl... ~ l) BlFt.F.KI/nmu:t{Vf: or Frft(dtd AppltC4tf9luIGlt~ S JOf MO/'rlqn HfflI.. ApprvmllMamort Hotd
o.mr1p1flQfl "-.Do.:
\D)\ ri@[~YW~ m
\00 MAl( 1 2 2~~1 \\ill\
__ . .,~"Mr: It. nE\JEl,Q.?~~~ svcs\
"
.. "
UfPI-
r't/
~
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
A.P. MAR, INC. d/b/a PORT VUE, et al.,
PetitIOner,
vs
DOAH CASE NO. 01-1083
FL 01-01-01
CLEARWATER SEASHELL RESORT LLC and
CITY OF CLEARWATER,
Respondents.
I
STATUS REPORT AND REQUEST TO RESET FINAL HEARING
OF RESPONDENT CITY OF CLEARWATER
COMES NOW Respondent, CITY OF CLEARWATER, by and through Its
undersigned counsel, and files thIS Status Report, and says'
1 The Order Grantmg Contmuance and Placmg Case m Abeyance entered on
May 21,2001 dlrected that the partles adVIse the AdmInIstratIve Law Judge pnor to July
31,2001 as to the status of thIS action
2 The partIes have been mvolved m settlement negotiatIOns However, at ItS
June 7, 2001 meetmg, the Clty CommissIOn of the City of Clearwater concluded that an
lmpasse In negotiatIons had been reached and directed counsel to proceed to
adnllnIstratIve heanng In thIS matter See attached ActIOn Agenda, Item 38
3 Respondent CIty'S estimate of the length of tIme reqUIred for the final heanng
and suggested locatIon remam as stated in Its Response to InitIal Order Dates
Respondent Clty IS avallable for the final heanng are July 11, 16, 24, 26, August 1, 2, 13,
15, 17,20,24,27,29,30,Septernher5,6, 10,12,20,21
FilE COpy
fL ol-o t-Q \
~
... "0
WHEREFORE, Respondent CIty moves that the abatement prevIOusly entered be
termmated, that Petitioner and Respondent Seashell be directed to provIde suggested
heanng dates, and that the final heanng m thIS matter be reset m a timely manner
Respectfully submitted,
CITY OF CLEARWATER
POBox 4748
Clearwater, Florida 33758A748
(727) 562-40 I 0
BY'&fJl~
Leslte K Dougall-S~ s
Assistant City Attorney
Florida Bar No 320706
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Status Report
and Request to Reset Fmal Hearmg of Respondent CIty of Clearwater was forwarded to
Gordon J Schiff, EsqUIre, AttofIley for PetItIOner, Macfarlane Ferguson & McMullen,
400 North Tampa Street, SUIte 2300, Tampa, Florida 33601, and to David M Mechanlk,
EsqUIre and T Truett Gardner, 'EsqUIre, Mechanlk NUCCIO Bentley WIlhams & Hearne,
Attorneys for Respondent Seashell, 101 East Kennedy Boulevard, SUIte 3140, Tampa,
Flonda 33602 by US MatI on June 15th, 2001
Leshe K Dougall-SId s
Attorney at Law
2
JUL-12-2001 15'13
CITY RTTORN~Y'S OFFrCE
-
7275624021 P 01
'.
! I / --
~ ! I
,',' , ---..~
, '! JUt "...... I
" I ~ 2001 I,
__ II.
I
'"
.....-
...........-...~
---..
-~
'...,
FAX MESSAGE
City of Clearwater, Flonda
Office of the City Attorney
Phone Number (727) 562~4010
Fax Number (727) 562-4021
TO:
Ralph Stone, Director of Planning, and LIsa FIerce
LOCATION:
Planmng
FAX NO.:
4576
FROM:
Leslie K. Dougall-Sides, ASSistant CIty Attorney
DATE:
July 12, 2001
TIME:
NUMBER OF PAGES OF THIS MESSAGE (INCLUDING THIS PAGE): 7
MESSAGE:
Attached for your Information IS a copy of the Re-Notlce of Heanng for A P Mar, Inc vs
Clearwater Seashell Resort, DOAH Case No 01-1083, scheduling the hearing on
October 30 and 31, 2001, at 900 a m
JUL-12-2001 15 13
CITY RTTORNE:Y'S OFFICE
7275624021 P 02
"
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
)
)
)
}
)
)
)
)
)
}
)
CLE1\RWATER SEASHELL RESORT, LLC )
and CITY OF CLEARWATER, )
)
)
)
A.P. MAR, INC., d/b/a PORT VUE;
ANTONIOS MARKOPOULOS, d/b/a
DAY'S INN; KOLOSSOS INN, INC..
d/b/a BEACH TOWERS; T.M. MEGAS,
LLC, d/b/a Spy GLASS; and T M.
MEGA.s, LLC, d/b/a GOLDEN BEACH,
petJ.tioners,
VS.
Respondents.
JU!
! I 2001
I
I
Case No. 01-1083
RENOTICE OF HEARING
A hear~ng will be held In this case at the C~ty RaIl,
Commission Chambers, Thlrd ?loor, 112 South Osceola Avenue,
Clearwater, Florida, on October 30 and 31, 2001. at 9:00 a.m.,
or as soon thereafter as can be heard. Continuances WJ.ll be
granted only by order of the AdmJ.nistratJ.ve Law Judge for good
cause shown.
ISSUE: Whether the application of Clearwater Seashell
Resort, LLC, for flexible development approval to J.ncrease the
allowed structural he1ght and number of rOoms and to reduce
setbacks to zero feet at 229 and 301 South Gulfv~ew Boulevard,
Clearwater Beach, Florlda, should be approved.
JUL-12-2001 15 13
CITY RTTORNEY'S OFFICE
7275624021 P.03
AUTHORITY. Chapter 120, Florida Statutes, and
Chapter 2S-106, Parts I and 11, Flor~da Adm~n~strat~ve Code.
The parties shall arra~ge to have all witnesses and
eVldence present at the t~me and place of hearing. Subpoenas
will be ~ssued by the Admln~strative Law Judge upon request of
the partles. All partles have the rlght to present oral
argument and to cross-examine opposlng witnesses. All parties
have the right to be represented by counselor other qual1fied
representative, in accordance wlth Rule 28-l06.106, Florlda
Admlnlstrative Code. Failure to appear at this hearing may be
grounds for entry of a recommended order of dismlssal.
The agency shall be respons~ble for maklng the necessary
arrangements for a court reporter.
July 10, 2001
~ IZ-~~
DONALD R. ALEXANDER
Adm~nistrat~ve Law Judge
Dlvis~on of Adrnin~strative Hearlngs
The DeSoto Buildlng
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Fil~ng (850) 921-6947
www.doah.state.fl.us
JUL t 2 2001
.2
JUL-12-2001 15 14
CITY RTTORNEY'S OFFICE
7275624021 P 04
,~
S1'A'IE OF FLORIDA
DIVISION OF ~)MINISTRATIVE HEARINGS
A.P. MAR, INC., d/b/a PORT VTJE; }
ANTONIOS MARKOPOULOS, d/b/a )
DAY'S INNi KOLOSSOS INN, INC., )
d/b/a BEACH TOWERS; T.M. MEGAS, )
LLC, d/b/a spy GLASS; and T.M. )
MEGAS, LLC, d/b/a GOLDEN EEACH. l
)
Petit1oners, )
}
VS. )
)
CLEAAWATER SEASHELL RESORT, LLC )
and CITY OF CLEARWATER, )
)
Respondents. )
)
JUL 1 2 2DOl
Case No. 01-1083
ORDER OF PRE-HEARING INSTRUCTIONS
Th1S cause hav1ng been scheduled for final hear1ng, It 1S,
therefore,
ORDERED that:
1. counsel for all pa~t1es shall meet no later than
15 days pr~or to the date for final hear1ng in this cause and
shall:
(a) D1SCUSS the poss1b11ity of settlement;
(b) stipulate to as many facts and 1ssues
as possible;
(cl Prepare the pre-hear1ng stipulation as
requlred by this Order;
(d) Examine all exhib1ts (except for
impeachment exh1tits) proposed to be offered
~nto evidence at the hear~n9i
JUL-12-2001 15 14
CITY ATTORN~Y'S OFFICE
7275624021
P 05
(e) Furnlsh opposing counsel the names and
addresses of all wltnesses (except for
impeachment witnesses); ~d
(f) Complete all other matters WhlCh may
expedlte the hearing in thlS case.
2. Counsel for Petit~oners shall 1nitiate arrangements for
the attorneys' conferences. However, all attorneys in th~s
cause are charged wlth the duty of meetlng in such conferences
and of complYlng with the schedule set forth 1n thlS Order.
3. The pre-hear~ng st~pulatlon shall contain:
(a) A conClse statement of the nature of
the controversy;
(b) A brlef, general statement of each
party's pos~tion;
(c) A list of all exhiblts (except for
lmpeachment exhlbH.s) to be offered at the
hearlng, notlng any Ob]ectlons thereto, and
the grounds for each obJectlon;
(d) A list of the names and addresses of
all witnesses (except for impeachment
witnesses) to be called at the hearing by
each party, with expert witnesses be~ng so
des~gnated;
(e) A conClse statement of those facts
which are adm~tted and will require no proof
at hear~ng, together wlth any reservat~ons
directed to such acm~ss~on;
(f) A concise statement of those lssues of
law on which there is agreement;
-
~
~
I:"\,J
-
(g) A concise statement of those lSSUes of
fact wh~ch remain to be lit~gated;
-.J
.::';)
-,
I
1
!
"- I
2
JUL-12-2001 15:14
CITY ATTORNEY'S OFFICE
7275624021 P 06
,...
(h) ~ concise statement of those ~S5Ues of
law WhlCh remaln for determinatlon by the
Admin~stratlve Law Judge;
{i} A concise statement of any disagreement
as to the appllcation of the rules of
eVldence;
(J) A llst of all pend1ng motions or other
matters WhlCh require action by the
Adrnin1stratlve Law Judge;
(k) An estlmate as to the length of time
required for the hearing; and
(1) The signature of counsel for all
part1es.
4. The partles shall file their pre-hearing stipulation no
later than Frlday, october 26, 2001. ~f for any reason the pre-
hearing stipulation cannot be executed by all counsel, each
attorney shall file and ser~e a separate proposed pre-hearlng
statement no later than Frlday, October 26, 2001, with a
statement of reasons why no agreement was reached on the
stipulatlon. Fa~lure to comply with the requlrements of th1S
order may result in the exclusion of w~tnesses or exhiblts not
prevlously d1sc1osed.
JU~ ,220m
-----~---
------ ~
3
JUL-12-2001 15 15
CITY RTTORNEY'S OFFICE
7275624021 P.07
DONE AND ORDERED thlS 10th day of July, 2Q01, In
Tallahassee, Leon County, Florlda.
~~(C~~
DONALD R ALEXANDER
Administratlve Law Judge
Division of Admlnistratlve Eear~ngs
The DeSoto Build~ng
1230 Apalachee Parkway
Tallahassee, Flor~da 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
Filed wlth the Clerk of the
Division of Admlnistrat~ve Hearlngs
this lOth day of July, 2001.
COPIES FURNISHED'
Lesl~e K. Dougal1-S~des, Esquire
City of Clearwater
Post Office Box 4748
Clearwater, Florlda 33758-4748
DaVld M. Mechan~k, Esqu~re
Mechanlk, Nucclon, Bentley,
Wllliams & Hearne
101 East Kennedy Boulevard
Suite 3140
Tampa, Florida 33602
Gordon J Schlff, Esqulre
MacFarlane, Ferguson & McMullen
400 North Tampa Street
SUlte 2300
Tampa, Florlda 33602
"
t
f,
I I
f' _II
JUL 12 2001
4
TOTRL P 07
~
~
MAOFARLANE FERGUSON & McMULLEN
A 'YORNEYS AND COUNSEl.ORS AT l.AW
PO 80X 411.&. (ZIP ~Il
Cl.D COVill r Cl 'Jqell.~
.. 0 /!lO)( ._ (ZIP :I~'C"
c:1.~"'T1'''' "~0f0<1CM. 311 711Q
17"'1l....1 __ 'A'X "." 0101' ....'0
600 HIClHPOIN" e:CHftJD
lOA IUO&T o:c~o.eae. "''''EHU&
'~U."""'UE '1oOI010" lleSOI
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'rAM...... "'-0_10;. 83<<>.
(a 2) ..78 ~aco ,,u< (.J.~} .1.'3 .aM
IN ""Pl.,. ",,,<<'" TO
Tampa
March 27,2001
rn [E ~ [EJl W~1~\i
'ilr~~7 2001 .:\;1
UuL= 1 I,
PLANl\,rGJ;Gf 0 ctc.;: ::=_:J i :"J~S
('IT -( OF ClF ~k V\I~1 rA
VIA FACSIMILE .and
VIA HAND DEl.llVERY
Clerk, Clty of Clearwater
Clearwater City Hall, 2d Floor
112 S Osceola Ave
Clearwater, FL 33756
Re Case No DA Ol-Ol..QlI Clearwater Seashell Resort LLC
Request for Compllat.Ion of Reeord
Dear Honorable Clerk
On behalf of A.P Mar, Ine (d/b/a Port Vue), Antonios Markopoulos (d/b/a Day's Inn), Kolossos
Inn, Ine (d/b/a Beach Towers), T.M. Megas, L C.C. (d/b/a Spy Glass) and T M. Megas, L C C.
(d/b/a Golden Beach) (collectively referred to as "M31kopoulos"), we respectfully request that
)Ou compIle the record of the referenced proceedmg so that it may be Wdllsmltted to the Clfcuit
Court In connection Wlth an action which we are filmg on the referenced deCISIon We also
respectfully request that you provide an Index of the record to the underSigned. Thank you for
your attention to this matter
;!J:L ;J1(
. Gordon I SclutT ~
cc Pamela K. Akin, Esq., City Attorney (via facSImIle)
Planrung Department (VIa facsimile)
20/20 ~29 ON l; SO LO, l2/~0
96~;~LC~~ LS
Nosn9~3~ 3NV'~V~~VW
r, '~
MACFARLANE FERGUSON & McMULLEN
A'M'OIlNBYS .u.m COUNSELORS AT LAW
400 NORTH TAMPA STREET, SUITE 2300
POST OFFICE BOX l531
TAMPA, FLORIDA 33601
(g13) 2i3420()
(813) 213-4396
CLIENT!MA'1'T ER. 930184
User/Requester GJS
fROM Gordon J Schiff I DATE Mareh 27. 2001
RE Clearwater Seashell Resort
TOTAL NO PAGES (INCLUDING COVER.) 2
COMMENTS' Correspondence dated 3-27-01. (Original to Clerk VUt hand delivery)
ATTENTION E!!!M PHONE NO. r AX ;NO.
Clerk of City of
Clearwater City of Clearwater 72 7-562-4090 721-562-4086
Planning and Development
Department City of Clearwater 727-561--4561 127-562..4865
Attn: Richard Stone
Pamela K. Akin, Eilq. City Attorney, City of Clearwater 727-464-3354 727 -562..4021
The mformation contained in this facsiI1l11e message IS confidentIal mformation mtended onl} fOT the U:ie of the
lcdlVidual or entity named above Such jnformation may also be tegaUy priVileged lithe reader ofthLs message is
not the Intended recipient, you are hereby notified that any dlssemmatlon, distributIon or copymg oftlus telecopy IS
stnct1y prOh.tblted Ifyofl have recelVed th1s telecopy m error, please unmed.1ately notify us by telephone and return
the oTlgmsJ message to us at the address above via the Umted States Postal Service Thank YOLl
20/LO ~29 ON ~ gO La, L2/~O
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, fiLE COP,
CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARMTFR, FlORIDA 33758-4748
Cm HAlL, 112 SOuTH OSCEOu\ Avr\lJE, CI F.ARWHFR, FlORID'" 33756
TFIFPHOI\E (727) 562-4010 FA.'( (727) 562-4021
Cm AT! OR.\FY'S OFFICE
March 15, 2001
I[OJ ~ (Cj ~ a \Yl ~rnl
UU MAR I 6 2081 - ~I
?LANNING & D I
CITY OF ~r~~~~~~~~svcs
James W York, Deputy Chief Judge
DIvIsion of Administrative Heanngs
The DeSoto BUlldmg
1230 Apalachee
Tallahassee, Flonda 32399-1550
Re A P Mar, Inc (d/b/a Port Vue), et al v Clearwater Seashell Resort LLC
and City of Clearwater, Appeal of Community Development Board
DecIsion In Case No FL 01-01-01
Dear Judge York
Enclosed are two copies of the file documents together with a verbatim cassette
recording of the proceedings regardmg the above-referenced case before the
Community Development Board, whose deCISion IS being appealed by A P Mar, Inc
(d/b/a Port Vue) et al
1 Application for Site Plan Approval and additional records from City Clerk's file,
2 Appllcatlon for Site Plan Approval and additional records from Planning
Department's file,
3 ApplicatIon for Administrative Appeal, With related correspondence, Initial Bnef, and
Exhibits Please note that although the ApplicatIon for AdminIstrative Appeal IS
styled as an appeal from both Case Nos FL 01-01-01 and DA [Development
Agreement} 01-01-01, the CIty does not recognize and IS not processing an appeal
In the latter case pursuant to Code of Ordinances Sectlons 4-501 Band 4-505 [copy
enclosed] The Community Development Board did not render a final deCISion that
IS subject to administrative appeal In the development agreement case
AddItionally, please note that the City does not stipulate at this stage to the
admissibility of any additIonal exhibits filed by Appellant With the City Clerk which
were not part of the record before the Community Development Board
For the convenience of the parties and wItnesses please schedule the heanng In
Clearwater Because of the number of witnesses expected, we suggest thIs heanng be
held at the Plnellas County Courthouse, 315 Court Street, Clearwater You may
O\E CI1Y O"\E FuTl'RE
Bat""" J AIJJ\GST, \hVOR-COMMlSS10J\ER
J B Jom'oSON, VICE I'vl.rllOR-CO\I\!ISSJONER
Eo HART, CO\tMISSIONER
@
BOB CL\RK, CO\1\llSSI0"otR
ED HOOPFR COII\IlSSIOJ\FR
"EQUAL E I1PWY\IE.....r A' D MFIR.Il>\. ffiFE AC110~ EM?IOYFR"
,.
\
I
.
_ James W York, Deputy Chief Judge
DIvIsion of Administrative Heanngs
Page Two
March 15, 2001
contact the Office of Court Administrator at (727) 464-4470 to arrange a hearing
locatIon
Please advise the partIes as soon as an admlnlstratlve law Judge IS assigned to this
case
Very truly yours,
Pi L~ Jv.
Leslie K Dougall-SIdes
Assistant City Attorney
Attachment
Enclosures
Copy to
Gordon J SChiff, Esquire, Counsel for Appellant (with enclosures)
Richard Gehring, RepresentatIve of Applicant (wIth enclosures)
DavId M Mechanlk, EsqUire
Cynthia Goudeau, City Clerk
Ralph Stone, Director of Planning, Housing, and Neighborhood ServIces
.
1"-
MAOFARLANE FERGUSON & McMuLLEN
ATTORNEYS AND COUNSELORS AT LAW
900 HIGHPOINT CE.NTER
LOG EAST COLLEGE: AvENUE
TALL.AHASS-E:E: F"LORlPA. .!t2:.301
(S50) 8S1 738. F~ <$SOl 6a'-O~al
TAMPA FLORIOA 33602:
eZ5 COURT ST~:e:E::T
POBOX 1-669 ~ZIP 33757)
CL~WATe::R F"l..ORIDA. 33756
(72,.) 441 896& FAX (72:7) -442 B470
4C)O NORTH TAMPA S'fRE.E:T SUITE. 2300
POBOX 163. (ZtP 33601l
(al3;l 2'7.3-4200 F~ ~SI3) ii!7.3 4396
IN REPLY REFER TO
Tampa
March 6, 2001
VIA HAND DELIVERY
Gerald Flgurskl, ChaIr
Community Development Board
Clearwater CIty Hall, 3rd Floor
112 S Osceola Ave
Clearwater, FL 33756
Clerk, City of Clearwater
Clearwater City Hall, 2d Floor
112 S. Osceola Ave
Clearwater, FL 33756
Re AdmllllstratIve Appeal of DecIsIOn ofCommumty Development Board (CDB) m Case
Nos FL 01-01-01 and DA 01-01-01/ Clearwater Seashell Resort
Dear ChaIrman Flgurskl and Honorable Clerk
On March 1,2001, we filed an appeal of the Commumty Development Board's declSlon on Case
Nos FL 01-01-01 and DA 01-01-01 We prevIously requested a copy ofthe "development
order" settmg forth the Board's deCISIOn but have yet to receive It Accordmgly, we respectfully
request that a copy of the order, development order or any wntten deCISIOn of the Board on Case
Nos FL 01-01-01 and DA 01-01-01 be transmltted to the Clerk of AdmIlllstratlve Appeals of
DeCISions of the Commumty Development Board for filIng m the de novo appeal proceedmg and
to the Heanng Officer and that a copy be served to me Vla facsImIle (813-273-4396) and Via
regular U Small
Thank you for your attentlon to thIS matter
~ )ctUJ
Gordon~ 1 ~ Id
cc Pamela K Aklll, Esq , City of Tampa (Via hand delIvery)
CIty of Clearwater Planmng and Development Dcpartment (VIa hand dehvery)
FILE COpy
~
~~~@J~JO~ m-~
MACFARLANE FERGUSON & McMULLEN EAR U 6 200~ ]v n
ATroRNEYS AND COUNSBLORS AT LAW IU I I 1J
400 NORTIr TAMPA STREET, SUlTE 2300 '- ,
POST OFFICE BOX 1511 I PL\NN:f IJ } Dl::\ - '_,,: ~7Jf SVCS
TAMPA, FLORIDA 33601 (. r {~l ~.:!.V', 11.Lf}l ,
(SI3) 273-4200
(813) 273-4396
CLffiNTIMATTER' 930184
User/Requester GiS
FROM' Gordon 1 Sduff I DATE March 6~ .tOOl
RE Cleamrater Seashell Resort
TOT.>\L NO PAGES (INCLUDING COVER) 2
COM1vffiNTS Correspolldente dated 3-6-01. Rard copies via hand deln.ery.
ArCENTJON FIRM
Gerald 91gurski,Chair
ComrUlIPtty Development
Bonrd Cit) or Clearwater
PHONE NO.
PAX NO.
727 -562-4090
72 7-562-4086
ClerL. of City of
Clearwater
City, of Clearwater
72 7 -562-4090
721-562-4086
Plarllling and Development
Department Cit), of Clearwater
Attn: Richard Stone
727-562-4561
727-562-4865
Pamela K. Akin, Esq. Clt} Attorney, City of Clearwater
727 -464-3354
727-562-4021
The mformauon contained m thIs facsimile message 15 confldentlBl mformation mtended only for the use of the
IOdMdual or entity named aha ve Such information may also be legally prIvIleged If the reader of this message IS
not the Intended reclpient, you are hereby notified that any dissemination, d1stribution or copymg ofthls teJecopy is
strictly prolubued Jfyou have received thts teleeopy In error, please lmmedJately notlty us by telephone and return
the onglOal message to us at the address above via the Umted States Postal ServIce Thank you
20/LO 002 ON 02:9L LO, 90/~0
96~?~.l2~LB
NOSng~3~ 3NV'~V~J~W
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:MACFARLANE FERGUSON & McMULLEN
AYYORNl::YS "ND COUNSl:1.0RS AT L.AW
_ HI_"QIN' ",.,N'.,,,
IQe~" eoLLEc:aGAVIlN....IZ:
,..u..o..._.. ....OR'""'" U:IC'
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lilll.i!iJ.2!"" a..4aao PAX (iU)) t' ~.43D&
e8JII -QQl.iR'T .THICIi:;....
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In?l441 11_ l"Mj1l1l..a ;4'0
IN RG:....y "ll:I'ltlll '0'
Tampft
March 6, 2001
VIA HAND DELIVERY
Gerald FigurskI, Chm
CommunIty Development Board
Clearwater CIty Hall, 3rd Floor
112 S Osceola Ave.
Clearwater, FL 33756
Clerk, CIty of Clearwater
Clear.vater City Hall, 2d Floor
112 S Osceola Ave.
Cle.uwater. FL 33756
Re' Adrrumstrative Appeal ofDocISlon ofCommumty Development Board (COB) 1fi Case
Nos. FL 01-01-01 and DA 01~01-011 Clearwater Seashell Resort
Dear Chauman FIgurski and Honorable Clerk
On March 1, 2001, we filed an appeal of the Community Development Board's decision on Case
Nos. FL 01-01-01 and DA 01-01-01. We pm'lously requested a copy oftbe "development
order" setting forth the Board's deClslon but have yet to receive It. Accordingly, we respectfully
request that a copy of the order, development order or any wotten deciSIon OIthe: Board on Case
Nos. FL 01-01-01 and DA 01-01~OI be transnl1tted to the Clerk of AdnllnlstratLve Appeals of
DeciSIOns of the Commu.nlty Development Board for fil1ng In the de novo appeal proceeding and
to the Heanng Oflicer and that a copy be served to me via faCSimile (813-273-4396) and vta
regular U S. mail.
Thank you for your attentlOn to thlS matter
;7l~ )~
Gordon J Sclnff 9
ce. Pamela K Akin, Esq , City of Tampa (via hand delivery)
City of Clearwater Planrung and Development Department (via hand dehvery)
20/20 002 ON 02:9l lO, 90/kO
96k+.1kL2kl9
Nosn9~3~ 3NV1~V~)VW
MACFARLANE FERGUSON & McMuLLEN
ATTORNEYS AND COUNSELORS AT LAW
900 l-tIGHPOINT CE:NTE~
loa E:AS. COL.LE.GE: AVE:NUE:
400 NORTH TAMP/I'I, STREET SUI-rE -'!.JiOO
POBOX 1531 CZIP 3360~~
TAL...l..AHA$.$C:E: PLOR1DA :32~Oi
"fAMPA FLO~tOA 33602
(B13j a73~.200 FAX (SI:3J 27.3 4.396
6a:~ COURT ST~E:S:T
P 0 eox 1669 (ZIi=' 3375?)
CL.E:..AFfWA1'"EA FLORIOA 3.37!:!ie.
C7a7) 441~B966 F"Ax (72:7) 44;e-a470
(aso) 6eL77~al FAX CBSOl Gal oaSI
IN ~~I=ILY ~E:FE~ TO
Tampa
March 1,2001
VIA HAND DELIVERY
Clerk, Clty of Clearwater
Clearwater Clty Hall, 2d Floor
112 S Osceola Ave
Clearwater, FL 33756
Re RE AdmImstratlVe Appeal ofDeclSlon In Commumty Development Board Case Nos FL
01.01.01 and DA 01-01-01lClearwater Seashell Resort
Dear Honorable Clerk
On behalf of A P Mar,Inc (d/b/a Port Vue), AntOOlOS Markopoulos (d/b/a Day's Inn), Kolossos
Inn,Inc (d/b/a Beach Towers), T M Megas, L C C (d/b/a Spy Glass) and T M Megas, L C C
(d/b/a Golden Beach), we hereby file our AdmlOlstrattve Appeal In the referenced matter ThIs
filIng mcludes the completed Clty AdmmIstratlve Appeal Form, AffidavIts to Authonze Agent,
and the Imt131 Bnef, rncludmg a transcnpt of the proceedmg
In addItlon, we have made a wntten request to the Clerk, Commumty Development Board, to
transmIt the record of the proceedmgs m the referenced matter, mcludmg all eVIdence recelved
and filed m the matter, and that record is Incorporated WIth tms Appeal We have also attempted
to obtam the "development order" In the referenced matter, but we were mfonned that It had not
been Issued Accordmgly, we have made a wntten request to the Clerk, Commumty
Development Board, to transmIt the "development order" We also reserve the nght to
supplement the bnef and matenals submItted hereWIth, Includmg but not hmIted to supplemental
legal ument, eVIdence, wltnesses and testImony
~J1i
submItted,
MAR '2 2001
cc
Pamela K AkIn, Esq (w/enel )
Clearwater Planmng Department (w/enel )
FILE COpy
PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEARWATER
Mr - Ul -{j ~-() /
MACFARLANE FERGUSON & MCMULLEN
ATTORNEYS AND COUNSELORS AT LAW
900 HIGHPOINT CE.NTER
106 E..o\.ST COLLEGE .....vENUE
TALLAHASSEE FLORIDA 3C:301
(850)6817381 F/IVl.(8S0) 681 0281
<400 NORTH TAMPA STREET SUITE 2300
POBOX 1531 (ZIP 33601)
TAMPA FLORIDA 33600::
<BI3) 273 4200 FAX (813) 273 <4396
B2S COURT STREET
P 0 SOX 1669 (ZIP 33797)
CLEARWATER FLORIOA 33756
(727.4041 e968 FAX (727) 442 8470
IN REPLY REFER TO
Tampa
March 1,2001
VIA HAND DELIVERY
Clerk, Comrnumty Development Board
Clearwater CIty Hall, 2d Floor
112 S Osceola Ave
Clearwater, FL 33756
Re Adnunlstrahve Appeal of DeCISIon of CommunIty Development Board (CDB) m Case
No FL 01-01-01 and DA aI-aI-all Clearwater Seashell Resort
Dear Honorable Clerk
On behalf of A P Mar, Inc (d/b/a Port Vue), Antoruos Markopoulos (d/b/a Day's Inn), Kolossos
Inn, Inc (d/b/a Beach Towers), T M Megas, L C C (d/b/a Spy Glass) and T M Megas, L C C
(d/b/a Golden Beach), we are filmg an AdnurustratIve Appeal m the referenced matter
Tlus letter shall constItute a request to prepare and transmIt the entire record of the CDB
proceedmg, mcludmg all eVIdence receIved and filed, to the Heanng Officer for filmg m the de
novo appeal proceedmg, and to serve a copy of the mdex to me
In addItion, we have been adVIsed that no "development order" IS currently aVailable
Accordmgly, tlus letter shall also constItute a request to transnut the "development order" to the
Heanng Officer for fihng m the de novo appeal proceedmg, and to serve a copy of me
Thank you for your asSIstance m tlus matter
cc
Pamela K Akm, Esq
PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEARWATER
;L MH
Gordon J SchIff 1
~
FEB-28-2001 10.40
CITY ATTORNEY'S OFFICE
7275624021 P 01/04
FAX MESSAGE
City of Clearwater, Flonda
Office of the City Attorney
Phone Number (727) 562-4010
Fax Number (727) 562-4021
TO:
Ralph Stone - 4576
Charles Siemon - 561-368-4008
FROM:
Pam Akin
DATE:
2-28-01
NUMBER OF PAGES OF THIS MESSAGE (INCLUDING THIS PAGE): 4
MESSAGE;
Re: Clearwater Seashell Resort
EIU
/)tot-or-Of
fL.-- 0 I -0 \-0 I
FEB-28-2001 10'40
CITY RTTORNEY'S OFFICE
MACFAIU.A.NE FERGUSON" ML
ATTORNBYS ANI) COUNSaOR.S AT LAW
400 NOllTH TAMPA STREET, surrn: %300
POST 0I1"lCE BOX 1531
TAMPA. FLOlUOA:U601
(813) ~200
(XU) 213-4396
7275624021 P,02/04
RECIIVED
fIB 2 B ZOOI
CITY ATTORNIY
CLIENTIMATl'ER.: 930184
UserlRequester: (ns
PROM: Gotdo.o J. SdJiif
RE- Oeerwater Seashell Rasort
TOTAL NO PAGfiS eLUDING co 3
COMMENTS: Corrapondeace dated 2--2J..Ol.
A:1'lI!iRTION J!IBDf PHONE NO~ F~ NO.
Pamela K. Akin, Esq. City Attorney, city of Clearwater 727-464-3354 121-S62-4021
Ridlanl GebriDg 727-734.1966 721-133..8634
Wflliam J. Kimpton Clearwater SeuheJJ Resort 721..7914)063 127..796-0909
Clerk of CIty COMlPinion
lad Clerk of Co-nt..hy
DevelepJIlCllt Board City ofCJearwater 727~S62-4090 727-562-4086
The iDformation c:oof21f1:Pll1 m tbi& fat-einMle meIBll8f is eoDtidaltial mformation. intended only for the U8C of the
indivu!ual or entity named above. Sud! iufotmation may ol8o be legally privileged. If the reader oftJns message is
not me im~ed ~f!nt" you are hereby notified. that any disseminaIiou, distribution or copymg of this tele;opy is
strictly prohibited. If you have received tbis telecopy In error. pJease immediately notifY us by telephone and return
the orl&inal Dtft!l&gV to us at the address above via the United States Postal Serviee Thank you.
FEB-28-2001 10.40
CITY RTTORNEY'S OFFICE
7275624021 P 03/04
,.
MAcFARLANE FERGUSON & McMULLEN
AttORNl!:YS "'N:O COU'Pf'&Cl..QRS AT LAW
_ ~.-oIN" C&IrnltII
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Tampa Oftice
February 28, 2001
mFArJnM11,F.
Pamela Ie. Akin, Bsq., City Attorney
City of CleatwaIer
P. 0 Box 4748
CleatW'ater. FL 33518-4748
Re' Clcuwater Seashell lWon
Dear Pam:
I am \'IIIitiug to advise that on behaJf of A.P. Mar, IDe (d/b/a Port Vue), AmoDios Markopoulos,
(dlbla Day't Irm). Kolossos ~ Inc (d/b/a Beach Towr:rs). T.M Mega&, L.C.C. (d/b/a Spy
Glass) IIl11 T.M. ~ L.C.C. (dIbIl Golden Beach), we are not opposed to Beach by ~
but we !trOngly believe that Beach by Desigrrrequiremeots and other mandatory compatibility
~ents are not beins foJlowed by the applicant resuJm.g in serious adva'se effects on my
clients' ebility to use their pioperty lUl.d ~op their property in the future. .AdditJ.onally, the
applicant bas not pursued and obtained all necessary legal prerequisites in order to request l'l
project UDder the Btad1 by Design stalIdank Finally, the applicaJu is improperly proposins to
utilIze (~iroi'o~e) & pubhl:: right-of-way whD;h it does not own or control
Under the ciR:umstmces, we have DO optioo but to prepare an qppeal of'the Commu.aity
DeveIopInent Board (CDB) decision on the apptication for Bite plan approval in Case Nos. PI.. 01-
01.0 1 and DA..o 1...01-0 L The appeal is being filed based upon defective ftOtice and. with a full
reservation of ripts and under protest other proceduraJ and substantive objectIons, and because
the decision of the CDB cam10t be sustained by the evidence before the CDS and the project is
mwnsistent with the comprehensive plan. We appear to be left WIth no option but to pursue aU
legal remedies In order to protect my clients' rights
Then: are numerous legal problems with the status oftbe maUer, first, there are defects in nante
rendcmg the COB dccisjon, awl any deCision by the City CommisSlon void. In addition, the
process itself is flawec! for many reasons, inch1dins but not Umitecl to the RqUirement that
comprehensjve pIau amendments mu~ be adopted prior to conaideration of. proposed project
FEB-28-2001 10'41
CITY ATTORNEY'S OFFICE
7275624021 P 04/04
hmeIa K. Akin, Esq
February 28, 2001
Page 2
under Beach by Design. Por eumpll\, a Cotomunity R.edevelopmem District and necessary land
use tat and. map cfpI~ have not been adopted to allow for coDSideration of re&Qrt hotel
ptojectl eavisioned by Beach by Dtsi8n in the Beac:b Walk DlItrict Additionally. the proposed
project is not con.em with Beach by Design., aDd in tact, the apptitaDt admitted such DOn-
oompliam:e in its appIicatioa to the CDS. Moreover, the pl'OpORd project VIolates- !and
development regulations. ami proposes to iacludtl a public right..of-way to the Bea.eb wbich will
D.Ot be .relocated.
Please understand that we: have a&:) desire to be ill. an advetsarial pc)$tIm; but the .amppropriatene
oftbc propased project.. the adverse effects the proposed project would b8:ve on my client, and
the multimde ofprocedura.l defects ]~ us with no choice.
We i~1ly suggest that the better altenut:Iive would be for the CDB decision to be rescmded.
ami that all other prooce&ngs be cancelled peadiDg considetation of ~ plan
ameadlUedtS.
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Gordon 1. $cbjff
cc: R!ehard Gehrin& agent for applicam: (m facDmile)
\ViUiam Ximptou, Esq. (via fAcsimile)
~ City Conlmiaion (via &~""e)
Clerk, Commnftiry Deft10pmmt Board (via fa~I,)
G-OAT~~~Q2...2WIWI'D
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DU,DD I1U
CITY OF CLEARWATER
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FlORIDA 33758-4748
MUNICIPAL SFRVl(.Jo.S BUILDING, 100 SOUTH MYRTLE AVJo.NU[, CI EARWATER, FLORIDA 33756
THJo.PHONE (727) 562.4567 FAX (727) 562-4576
loNG RANGF PlAl'lNING
DEVEJ OPMJo.NT REvtFW
HOUSING D!VISION
NrIGHBORHOOD SFRVlCES
Mr RIchard GehrIng
Cia Clearwater Seashell Resort LLC
748 Broadway Street, #202
DunedIn, FL 34689
March 9, 2001
RE Development Order regardmg cases FL 01~01-01 and DA 01-01-01 at 301 South
Gulfvlew Boulevard
Dear Mr Gehnng
This letter constrtutes a Development Order pursuant to SectIOn 4-206 D 7 of the
Commumty Development Code On February 20, 2001, the Commumty Development
Board reVIewed the FleXIble Development and Development Agreement applications for
a 250-room full-servIce hotel WIth 800-space parkIng garage The followmg speCific
requests were mc1uded.
I An Increase In heIght from 35 feet to ISO feet, mcrease from 65 rooms to 250 rooms,
reductIOn In front (west) setback along South Gulf VIew Boulevard from 10 feet to
zero feet, reductIOn In front (east) setback along Coronado Dnve from 10 feet to zero
feet, reductIOn In side (north) setback from 10 feet to zero fect, and reduction m side
(south) setback from 10 feet to zero feet, as part of a Comprehenslve Infill
Redevelopment ProJect,
2 ReVIew of, and recommendation to the City Commission on, a request to vacate Third
Street nght-of-way from South Gulf view Boulevard to Coronado Dnve,
3 ReVIew of, and recommendation to the City CommISSIOn on, a request to vacate the
eastern 35 feet of South Gulf VIew Boulevard nght-of-way (begmnmg approximately
130 feet north of the centerlme of Third Street and endmg approxlmately 150 feet
south of the centerlme of ThIrd Street, totaling approxImately 250 Imear feet of South
Gulf view Boulevard nght-of-way), and
4 ReView of, and recommendation to the City CommiSSIOn on, a development
agreement between Clearwater Seashell Resort L L C and the CIty of Clearwater
APPF3AL f1 c&-
FILE COpy
BRIAN 1 AUNGST, MA'OR COMMI~~[ONFR
1 B JOHNSON, VIC" /YL~YOR-COM~IlSSI0NFR
ED HAR [ COMMI~SIONFR
~
BOB ClARK, COlh\llSSIONER
r DAVID HrMERl( K COMMISSIONeR
. r.QUAl E~IPl OY\lft\ T Ai'-iD An IM1A I IV" AC1IO'\l EM I'LOn R"
Development Order
FLOI-01-01/DA 01-01-01
March 9,2001 - Page 2
Based on the applIcatIOn and the staff recommendatIOn, the Board found that the proposal
IS m complIance wIth the standards and cntena for FlexIble Development approval, the
maXImum development potential standards and all other apphcable standards of the
Commumty Development Code The Commumty Development Board approved the
Flexible Development applicatIOn wIth three condItions
I That the apphcatJOn be effectIve upon development agreement approval by CIty
CommISSIOn,
2 That the South Gulf VIew Boulevard and Third Street nghts-of-way be vacated by CIty
CommiSSIOn, and
3 That the final desIgn of buildmg be consistent With conceptual elevations submItted
and/or modIfied by the Community Development Board
The Commumty Development Board also recommended approval of the Development
Agreement to the CIty CommIsSIon which was subsequently approved on March 1, 2001
Pursuant to SectIOn 4-407, an applIcatIOn for a bUIldmg perrmt shall be made wIthm one
year of FleXible Development approval (February 20, 2002) and all reqUIred certIficates
of occupancy shall be obtamed wlthm one year of the date of Issuance of the bUlldmg
permIt Time frames do not change With succeSSIve owners The Commumty
Development Board may grant an extensIOn of time for a penod not to exceed one year
and only wlthm the ongmal penod ofvahdlty
Please remember that a bUIldmg permIt and Impact fees will be reqUIred pnor to the
constructIOn of the project Should you have any questIons, please contact LIsa L Fierce,
Development ReView Manager at 727 562 4561
Very truly yours,
/~ ~4f!1 ,~___(fV
Gerald FIgurski, Chamnan
Commumty Development Board
S IPlannmg DeprlrlmenllC D BIFLEXllnnaClrve or Frlllshed AppltcatlonslGrllfv/ew S 301 Mar/lOll Holel- ApprovedlMar/lOIl HOIel
Development order doc
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Clearwater Seashell
Resort Planning Analysis
Prepared by
Engelhardt, Hammer & Associatesl Inc.
5444 Bay Center Drrve, Suite 122
Tampa, FL 33609
fILE COPl
Aff - 6(-0 ~ -0 {
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ENGELHARDT, HA.MMER & A.SSOCl-\ TES
U r b '0 r P I 0 " " , "g S. I , Ie. S
February 28, 2001
City Commission
City of Clearwater
Clearwater, FL 33758
Re Clearwater Seashell Resort
Dear Commission Members
Our firm has been retained to reView and evaluate the proposed Clearwater Seashell
Resort, and determine Its compliance and consistency with the City of Clearwater
Comprehensive Land Use Plan, the recently adopted Beach by Des!gn plan, and the
City of Clearwater Commumty Development Code
The attached analysIs IS Included for your review and conSideration relative to your
deliberations on the proposed project
Sincerely,
~~~
Ethel Hammer
Pnnclpal
5444 Bay Cerller Dnve Ewu 122, Tampa., FL 33609, Telephone 813 282.3855 Fax 813 286-2308
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AnalysIS of Project Inconsistencies with Beach By Desiqn
Standards
Polley Statements
Page 2-Gulfvlew/Coronado Hotel/Retail Development
"The design of bUildings In thIs area should allow greater height while
marntalnlng human scale at pedestrian level and maintaining light, air and
view corridors"
Light, air and view corndors are not maintained With the proposed bUilding design
These aspects of site design are not possible With 0' setbacks on all property
boundaries, and With the proposed vacation of Third Street With no replacement
of the Third Street right-of-way, air, light and view perspectIves for the general
public have been ellmmated
A Density
The gross density of residential development shall not exceed 30 dwelling
Units per acre, unless additional density IS transferred from other locations
Clearwater Beach Ordinarily, resort density will be limited to 40 Units per
acre However, addItional density can be added to a resort either by
transferred development rights or If by way of the provIsions of the
community redevelopment dIstrict (CRD) deSignation Nonresidential
denSity IS limIted by Plnellas County Planning Council intensity standards
The proposed denSity of the project IS 153 units per acre, assuming the vacation of
Third Street (If Third Street IS not vacated, the proposed denSity of the project IS
250 units per acre) This denSity exceeds the denSity permitted under the Resort
FaclilLles High comprehenSive land use plan category, and It exceeds the denSities
referenced In the Beach bv Deslon gUidelines According to Beach bv Deslon the
denSity for a project can be Increased through transfer of development rights or by
deSignation of the site as a Community Redevelopment District (CRD) There has
been no proposal for transfer of development rights to this site from any other site,
nor has the site been deSignated as a CRD through the appropriate governmental
procedures
B Height
One hundred feet (100') IS the maximum permIssIble burldlng height, except
that the height limitation may be Increased to one hundred fifty feet (150') If
The proDosed bUilding deSign exceeds the maximum building height of 150 feet
The ClealVVater Community Development Code speCifies that height must be
measured from eXisting grade to the midline of the roof, therefore, the height of the
bUilding from eXisting grade to the midline of the highest roof IS approximately 168
feet
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addItional densIty IS allocated to the development either by transferred
development nghts or wIth bonus hotel units pursuant to the CRD
deslg nation,
Additional density has nol been allocated to this project through the transfer
of development nghts nor has a Community Redevelopment Dlstnct been
established through the appropnate governmental procedures
2
portIOns of any structures which exceed one hundred feet (100') are
spaced at least one hundred feet (100') apart (with no more than two (2)
structures which excE"ed one hundred feet (100') within five hundred
feet {SOD') or four (4) structures which exceed one hundred feet (100')
within eight hundred feet (800') so long as the elevations of all
structures which exceed one hundred feet (100') when such structu res
are viewed from the east do not occupy a total of forty percent (40%) of
a north south vertical plane whIch IS parallel to the alignment of
Coronado and North Mandalay of the building envelope above one
hundred feet (100');
The proJect, as deSigned, does not meet thiS height standard (Exhibit A)
Most of the building cross section IS deSigned to exceed 100 feet In helg ht
The two main towers exceed 100 feet, but the portion of the bUIlding
separating the towers also exceeds 100 feet In height ThiS IS not permissible
under the Code
3
the floorplate of any portion of a bUilding that exceeds forty-five feet
(45') In height IS limited as follows,
a between forty-five feet (45') and one hundred feet (100'), the
floorplate wlll be no greater than 25,000 square feet except for
parking structures open to the public,
The applicant, In the project submlllal documents, states "[tJhls deSign
constraint cannot be accommodated In the subject parcel due to the
establishment of parking on levels 2 through 7 of the structure" No
waiver or vanance to thiS requirement was requested by the applicant
as part of the site plan review Drocess before the Community
Development Board (COB) The entire parking structure IS not open to
the publiC
b between one hundred feet (100') and one hundred fifty feet (150 ),
the floorplate Will be no greater than 10,000 square feet,
The project deSign does not meet thiS requirement The applicant
stated In their application that the bUilding would have varYing floor
plates above the seventh level According to the bUildIng floorplans, the
floor plates between the seventh floor and the eleventh floor are each
over 30,000 square feet which substantially exceeds the 10,000 square
foot sta ndard Those floors (7 -11) are located between 100 feet and
150 feet, and therefore, the building does not comply With the adopted
deSign requirements
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Design, Scale and Mass of Buildings
3 At least sixty percent (60%) of any elevation will be covered with
windows or architectural decoration For the purpose of thiS standard,
an elevation IS that portion of a bUilding that IS vIsible from a particular
pornt outside the parcel proposed for development
The bUilding design, as shown In the applicant's elevations does not meet
thiS requirement on either the north or south Sides of the proposed bUilding
4
No more that sixty percent (60%) of the theoretical maXimum building
envelope located above forty-two feet (42') Will be occupied by a
bUilding For the purpose of thiS standard, theoretical maximum
bUilding envelope IS the maximum permitted bUilding volume that could
be theoretically occupIed by a bUilding and occupied by a building
Includes any portion of the maximum possible building envelope that IS
not vIsible from a public street
The bUilding deSign does not meet thiS standard The building occupies
almost 80% of the building envelope above 42 feet, as shown on ExhibIt B
Because Beach by DesIqn limIts the bUilding 10 600/0 of the building envelope
at thiS level, the bUilding deSign does not comply With thiS standard There IS
nothing in the Beach by Deslqn standards that suggests that only levels
above the parking garage should be calculated In thiS analYSIS
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Analysis of Project Inconsistencies with City of Clearwater
Future Lar.d Use Element of Comprehensive Plan
A
InconsIstent with Standards for Property Plan ClasSification of Resort
FacIlities High (RFH)
1 Floor Area RatIo (FAR) Standard
The Land Use Element establishes a maximum FAR for the Resort Facilities
High (RFH) land use category of 1 2 The FAR calculation for thiS proJect,
excluding the parking garage, IS approximately 3 6, approximately three times
the allowable Intensity In the land use category
2. Impervious Surface R.atlo (ISR) Standard
The Land Use Element establishes a maximum ISR for the RFH land use
category of 0 95 The proposed project has an ISR of 1 0, which exceeds the
maximum permissible Within the land use category
3 OvernlQht AccommodatIOn DenSIty Standard
The Land Use Element establishes a maximum denSity for hotel rooms of 50
units per acre The proposed project has a denSity of 153 units per acre,
assuming the vacation of Third Street (If Third Street IS not vacated, the
denSity would be 250 units per acre)
B
Inconsistent WIth Adopted Goals, Objectives and PolicIes of the
ComprehenSive Plan
Future Land Use Element
1 Goal - The CIty of Clearwater shall continue to protect natural
resources and systems throughout the CIty and ensure that these
resources are successfully Integrated Into the urban environment
through land development regulations, management programs, and
coordination With future land use Intensltles and categories (pg A-3)
View COrridor of the Gulf can be deemed as being a natural resource
Vacating Without relocating Third Street and allOWing setbacks of 0' along the
Interior side yards eliminates the view from Coronado Street ThiS resource
IS therefore not protected
2 2 ObjectIve - The CIty of Clearwater shall continue to support innovatIve
planned development and mixed land use development techniques rn
order to promote rnflll development that IS conSIstent and compatIble J
With the surrounding environment (pg A~5)
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4 Goal - The City of Clearwater shall ensure that all development or
redevelopment Initiatives meet the safety, envIronmental, and aesthetic
needs of the Crty through consIstent Implementation of the Community
Development Code (pg. A.11)
A view corndor to the Gulf of MeXICO would definitely be considered an
aesthetic need of the City Setbacks of 0' eliminate this view COrrlaor and do
not further this goal
Recreation and Open Space Element
Polley 24.1 7 - Preserve beach accessways through development
control and preservation of accessible street ends
The request proposes to vacate Third Street (without relocation), thereby
eliminating a public right-sf-way which IS a view corndor to the Gulf of
MeXICO
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Analysis of Project Inconsistencies with City of Clearwater
Community Development Code
A.
General Standards for level one and level two approval conditIOns
1 The proposed development of the land Will be In harmony wIth the
scale, bulk coverage, denSity and character of adjacent properties
In which It is located.
A 150' tall structure, most particularly the portion of the structure whIch IS
seven stones at a 0' Intenor Side setback, IS not In harmony with the
character and scale of surrounding properties None of the properties In the
Immediate vIcinity are of a scale and height comparable to the proposed
project
2. The proposed development will not hmder or discourage the
appropriate development and use of adjacent land and bUildings
or Significantly impair the value thereof.
The proposed development Will most definitely hinder the appropnate
development of adjacent land "Beach by DeSign" states that one Its
purposes IS to encourage deSIgn of bUildings at Gulfvlew/Coronado that
allows greater height while malntalnlng human scale at pedestnan level and
maintaining light, air and view cOrridors Not only does the proposed project
not retain any light, air and view cOrridors on that property, but It also
negatively Impacts the light, air and view cOrridors on all adjacent properties
With the proposed zero setback, thiS development IS "wall to wall" from a view
cOrridor perspective on Coronado and Gulf view ThiS IS a small property that
IS proposed for development too IntenSive for the Site, setting a negative
precedent for Inappropnate overdevelopment along the enttre Clearwater
Beach Gulf frontage
The fact that the proposed project has two portions of the bUilding taller than
100' located on each end of the site serves to severely restnct development
taller than 100' on adjacent properties The allotment of two towers to thiS
property gives an undue allotment to one property owner, and again restricts
the deSign, scale and height of development on adjacent properties
5 The proposed development IS consistent With the community
character of the Immediate VICInity of the parcel proposed for
development
See #1
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6. The design of the proposed development minimiZeS adverse
effects, Including vi~ual, acoustic and olfactory and hours of
operation Impacts, on adjacent properties.
The deSign of the development does not meet this standard One of the
deSign gUldelmes In "Beach by Deslgnn IS to "avoid further Uwarling off' of the
Gulf of MeXICO and the Intracoastal Waterway with "rows" of hIgh nse
bUildings" ApprOVing this proJect, with 0' setbacks and the vacation of Third
Street (with no replacement of the Third Street view cOrridor) creates the wall
that the deSign gUidelines specify should be avoided Affording every
redevelopment project along the beach the amount of setback vanatlon and
nght-of-way vacation proposed In this Instance would result In a solid wall of
development on the east SIde of Gulf view
B
Flexibility Criteria For Comprehensive Infill Redevelopment Projects
1 The development or redevelopment of the parcel proposed for
development IS otherwise Impractical without deviatIons from the use,
Intensity and development standards,
Although It IS understandable that some deViations from the standards of the
district are appropriate to develop thiS site for a resort project, the degree to
which the standards are being waived IS extreme To approve a project that
has an ImperviOus Surface RatiO of 1 0, no setbacks from any property
boundary, and a height, In the form of towers, that usurps development
options on adjacent propertIes IS, m a word, unreasonable Development on
thiS site would be practical, and possible, with smaller, and more reasonable
deViations from the development standards
2 The uses or mix of uses within the ComprehenSive Infill Redevelopment
Project are compatible With adjacent land uses;
The Intensity of thiS project IS not compatible With surrounding land uses
ThiS IS the result of attempting to put too large of a project on too smaIl of a
parcel of land, part of which IS public right-of-way to be vacated by the City It
IS the Intensity of the proposal that makes thiS project rncompatlble
3. SUitable sites for development or redevelopment of the uses or mix of
uses Within the ComprehenSive Infill Redevelopment Project are not
otherwise available In the City of Clearwater;
ObViously there are other SItes that may be more sUitable, based upon their
Size, and the ability to develop a project Without vacatrng a public street
4. The deSign of the proposed ComprehenSive Infill Redevelopment
Project creates a form and function which enhances the community
character of the ImmedIate VICInity of the parcel proposed for
development and the City of Clearwater as a whole;
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The design of the project will not enhance the community character, due to
the combmatlon of all the waivers that are being requested In fact, this
project sets a very negative precedent, In that It prOVIdes absolutely no green
space, no setbacks, and eliminates the light, air and view cOrridors for the
public along the project frontage ThIS IS not a good statement for future
projects along the beach frontage
5
Flexibility with regard to lot width, required setbacks, height and off-
street parking are Justified by the benefits to community character and
the Immediate vicmity of the parcel proposed for development and the
City of Clearwater as a whole,
Application of this goal must be done In concert wIth what IS reasonable, and
what IS compatible with the character of the area and surrounding
development The degree to which the setbacks and the height have been
flexed on this parcel would not be Viewed as "benefits to the community
character and the Immediate VICinity"
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ENGELHA..RDT, HAMMER & A,.5S0CI<l.TES
Urban I'lan"'''g Se'\lce,
Ethel D. Hammer
Ethel 0 Hammer has over twenty-four years expenence In the field of planning and
public administratIon Her experience as the Director of Planning for a pre-eminent land
use law firm provides a practical as well as legal perspective to land use planning at
Engelhardt, Hammer & ASSOCiates, Inc Ms Hammer was the Principal Planner In
charge of short-range planning for Hlllsborough County and was responsible for a staff
of nine County employees She also was the Chief EnVironmental Planner for
Hlllsborough County while employed at the Hlllsborough County Planning Commission
Ms Hammer has testified as an expert witness on land planning Issues at the CirCUIt
Court level In FlOrida Ms Hammer has superior writing and presentation skills and has
made numerous public presentations before local and state government offiCials
Professional Expenence
President, Engelhardt, Hammer & ASSOCiates, Ine, Tampa, Flonda--
Responsible for administration and management of consultIng firm
specialIzing In land planning, eminent domam consulting, zoning,
permitting, appraisal support, and other land use-related services
Director of Planning, Taub & Williams, P A, Tampa, Flonda--Responslble for
the coordination of all land use-related actiVities, Including zomng
petitions, site plans and Development of Regional Impact
Principal Planner and Senior Planner, Hlllsborough County Department of
Development Coordination, Tampa, FlondanResponslble for short-
range planning In HI/lsborough County Supervised and coordinated the
plannmg analyses of rezoning petitions subdivIsion plats, site plans, and
other land development proposals Supervised a staff of nine
professional and technical employees
EnVironmental Planner, HllIsborough County Planning CommissIon,
Tampa, Flonda--Provlded environmental review of applications for
subdivIsions, site plans, and rezonIng petitIons ReViewed phosphate
mlnrng actiVIties Served as offiCial Development of Regional Impact
Coordinator for the Planmng Commission, and conducted environmental
reviews of all DRI applications
5444 Bay Ceruer Dnve, Suite 122 Tampa, FL 33609, Telephone 813 282-3855, Fax 813 286-2308
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Ethel D. Hammer (page 2)
RepresentatIve Projects
· Veterans Expressway, (Multiple Eminent Domain Planning Analyses),
HII\sborough County, Flonda
· Florida Department of Transportation, (Multiple Eminent Domain Planning
Analyses), Hlllsborough Pasco, Polk and Pine lias Counties, Flonda
· Florida's Turnpike, (Polk Parkway Eminent Domain Planning Studies and Expert
Witness Testimony), Polk County, Florida
· T J Maxx (Rezoning) Pasco County, Flonda
· CF Industries, (Rezonlng/DRlfPlan Amendment), Hlllsborough County, Florida
· Luria's, lnc (Rezoning), Tampa, Florida
· Chlck-fil-A, \nc (Rezoning), HllIsborough County, Florida
· Operation PAR, lnc , (Rezoning), Plnellas County, Florida
· Publix Supermarkets, lnc , (Rezoning), Tampa, Florida
Professional Credits
Undergraduate Degree, Biology, Juniata College
Graduate Degree, EnvIronmental Planning University of Pittsburgh
Post-Graduate Studies, University of Pittsburgh
Member, Hlllsborough County Development Regulatlons Task Force
Member, American Planmng Association
Member, League of Women Voters
."\
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CO~!NijNITY D:::~,l:::LO:?HZ~'"T 30A:'.D M::::ETING
A~Dl~caLlcn fo= S~te ?la~ A~p=oval
Ca~e No.. FL 01-01-01 anc DA 01-01-01
D.l.T:::
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M~ GILDERSLc~VE
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M? SCEI:~
,il..nc I c[)ol..cgl.ze
My name lS
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Go:-c.o['. SCf'..lfE
Mac:a:1ane, :~:cuson & McMul1.e~
10
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reccesenc ~ F Ma~, I~c
~~chonlCS Ma:ko~oulos,
12
Kolos5os In~, Irrc , T M Megas, Lee, and T M
13
Megas, Lee a:e all oE W~lcn cE -- I chlnk ~ose oE
14
'fOll a:-e fam.llla: IdleD
lS the Ma:ko;oulos pa=cel
1S
1.0catee adjacent to th~s a~91..lCaClon
1'5
If I unde:stood yOur p:cposal, tne 099o~enC3
17
woule have the s~ue ~~ounc oE e.lme as the p:o~a~encs
12
I J 1..:.5;: wancae:. Co let yOU <now tr-!.at " cne Q\.ltset of
is
t~lS maccec coes go fo=~acc, chac ~e feel cnae .In
20
o=de= to full~ ~=3se~c ou: case fo= t~e Ma~k090ulcs
21
(Lna~c~bl~) wouLd te 2C lease c14enC~-f~qe m~nutes
22
Oc~e~~~3e, we ~~onrc have a~ cp~c=c~n~cy co fulL!
23
;~cSE~~ au: case
24
Tce O~~~~ r~~son CD~C I ~Gse ~c CD~S c~~e
~:
anc T a;o~o~_=~ fJ~ ~O~lC~ u; pe:h~psl Ql_S c~
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an
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f :<=~/~ ace
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we jelleve
th~3 ~acce~ nas noe
tn.ac
bee:1
4
.?:-o~erly
nOClcec
ene.,
cannor: c;o
fo:".:'we...:c.
(.11.9=-2: :CCJ..:""2 I
5
we would flle ~lth
ar~c. I
rrlenc.10r~e-c co rtrs
IOl:. --
E
tefors the nea=lng (nac I ~ould calse C~~~ ac Lne
7
oeqlnnlng, and wet~~ cequesclnc; cnac tQl5 hea~lng be
"
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ca.nce.!.lec
9
f...no I do helle a mOC.l.on requ.esclnc; tel car:.csl the
10
hc~=ln~ based upon the ~nsuEElcL9nc ~ot~ce
)'..nc. c.ne
11
bc3lS, In a nutsr:.ell, l5 thac the nctlce that I was
12
sent fo: tnlS hea=lnc; lnvolvec. tMO sltes 591.1.C bi
1~
Th.l.rd Sc.::-eet
~nc the Tnl::-c Screec 1.S ,?C=C of thls
1.::;
app.!...l.caC.l.Qn
Thecefo.ce, YOl:. he.:/e noe nad ["_oelce ;:'1:
13
all of che .?::-o~e~cy Whlch 1.5 the Sl:.b]2CC of ChlS
- ~
10
c.9pll.catlon
In face, tee se::-les of cpollcaclons
11'
cnat a~e CO~lr:.C; befo:-e you tOCd!
12
The case law unde.c ~GLlCe LS vS::-i sC::-Lccli
19
coeser-uee
=a1.lu~e to p:o;ec1i C;Lv2 noc1.C~ LS ~cc a
20
case of
r'-~
_....-'-
a ~I 0 1 cat. le ac T: 1
le's a nLll-an~-vold ace
21
?-~.......c. Ird JU.SC Cl.i::== t:J: t.r.i.8 ~ecorc:~ Da"/l':.cr'.l.-=- Lal3\1::~
)?
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v ~h~ CL~if of Daf~o~~ 3eac~, INtlcn ~S ac ~J9
2:3
So 2d 597
G;~Or:'[.). v Cl~' GE ).U':'llSL:.n~ :::e-::cr, :c;:
24
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409
-:: - ~ I '-c:. ,
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21:
Sc '"""J~ l..073
L" Ar~::::: ~ 1 C::-::O Ie::, INC
1
M~ ~Ol~C, t~ou~n, ~3 ~h~t t~1~ wacc~~ can00r:
2
pcoceed, and I wo~lc nope -- we nave cop~es of CDe
J
moc~o~ wh~ch a~e oelng C~SC=lDuteQ ~o YOu, and w~ 11
4,
file the one In che ~sco:c
5
E~~C we feel (hac cn~s maccer shou~~ noe ~3
6
f 0 ,:11'f a.:d
The:s ~S no 9~o~e: not~cc
If ~H f~ct :.lOU
7
to go fo.:~a:c, we wQULt protest Lt gOlna forwa=d ~nd
8
=ese':v2 all of au: leqal :lqnc3 h~/L~q no o~tlon ~uc
9
cc pa=r:lCl.;:,~ce
10
Bur: we ~elleve tDat wlthout nOtlce beL~~ full!
11
and sC=lctlv COmpl1eG wLth unds: tDe case law, ant
12
unde= ~au: eeoe Eo: tnat matte=, we would su~qest to
13
you that CDlS ~atce= can't go EJr~art
14
One othe= sl.lboo]scc.Lon 15 chat all props:t;:
15
ow~e=s, all pr09~rci O'~.e=5, Eo= a prc]ect ~usr:
1 ~
_0
e;Jpll..cacl.cn,
tee
2.-<ecuce
lS
clee.=ly sec
-'.,--
LJ...C,'_
ano.
17
fartn ln 101.1= code
1 Q
-\:;
?a:c of talS applLcaclcn lnvolves c~cy
19
pco~ecty, and the c~tv ~S not an ap~llcant
20
The=eEoce you nave wnae L3 essenc~allt an ~ncowplece
21
a;~llcac~o~ also cefora tOu coday
22
So :o~ bo~h of cncsc ~aasonSr and a3 oLhe=w~s~
2j
s c.a :.e:c. I I au: iilot_CQ r INe l~C'J..l.c:.. C3c;:tlcS [ tl'""J.c.c Ch...!..5
24
rnac.ce.:
eelS ~ea~:~~ CCCc~ =e ca~cel13a cnc C2cC
25
c~c ~~~~~~ ~e 9;~9E:l! ~C~_C2C c~c c~ol_~a~~o0 t~
L"'.!r.:~?-=' c.-:C:C:::. ::0IC
9
r
II
IIi!il1lllII
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tr~
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1
made co~plece befo=a anycnlng 15 ~=ouq~c ~efo:e iOU
2
I e~pC~C1aca you= (lnaudl~le)
1
e<IS ? ::TER SON
I ''Tl 5 0 :::- =y
I ~a5 =eeclng you:::-
4
moe1on
Whee was ~ou= secone -- was enae a prope:
MP SC:iI??
Well, the prope:c~ lDvolifes,
6
essencla11f, 1 6 ac:::-es
AtOliC one acr~ of cnae
7
~:o~e:ey 15 t~e appllcant's
The =esc or lC lS C1Cy
c
u
p=ope:::-cy, ane the C1CY lS DOC an a~pllcant he=e The
9
cley ~as noc -- dlC ~oc slgn tne appllcac1on, and ene
10
Cle;! -- anc thae out of you= coce whlcn muse be
1 .
_ 1
sC=lctly consc~uec u~de= tne case law natu=e, you=
12
coce =equl=es all appllcanes to Slg~
Thet means
13
that thlS appl~caclon 1S lDcomplete
14
~nd trrsn rIoID a nOClce sca~dpolDt, YOu sene
15
~OClce to che pU~llC
The nOClce onlf ceals wlCD crre
. ,-
l~
-'"
p=lvate p=ope=ty ane noc cne clev's p=ope:ty
So fOU
17
nave a def2ctl~e ~CClce
.~~C wlch that, we wOulc
U:
=equest eELS hearlng be cancelled
19
MR GILDERSL~EvE
T:1ank yOLl
MS Ak~~, do you
20
want to --
21
MS ,~.KIN
Yes, Slr
22
M? GILDE~5LE:::\j:::
:espond'
23
!vIS At:IN
I have JuSt hac a~ OP90~CUn~cy eo
24
~ook at t~e maClon, a~c l~'S my recO~~enCEClon thae
2S
'I'IS move fo:- NC.'::C
If Ln~~~ ~5 c ~OClce LO ce:ec~1
L).\N~ -:::.5' C~C'IC-::, INC
~"
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10
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-
11
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1
tten tney can ~~lng enat up befo~~ the coure ane
2
(lrl.C,..lcl:ole)
3
M~ GILDS~SLEEJ~
Very well
Tr~erl [n2
4
~leasur2 af tDe =oa=d, I p=es~~e, cnat ~e speaK co
5
youc -- no~eve~ yOU fa=~ tDe motlon
6
MS ?I::::<.CE
Gaee. afeernoon
7
M?" STONE
I Just wanted co ~ake a couple of
8
Lnt=adueto~~ comments to JVI= Chalrman and M~. 3oa~c
9
Th~s l5 a sl~nlflCant case, and p~ooa~ly tDe fl=se
10
o~e l5 fallowlng on che neals of at lease yOu= ~eVlew
11
of cne Eeaen-6y-Deslg~ plan
12
~Dd I snoulc apprlse you chac cne Clty
13
CorrunlSSl.On af:p~o'/ed che BeaeD 8y Desl.<;n lase Thu=sc.a.j
14
Dlght as you k~ow, as tney knew, wlll now go on co
. c::
1...
the ?lnellas (lnauc.l~le) Caunell and the Boa=d of
1 ~
- '-
Courrey COffiffilssloners
17
But cnae pa~el~ula= effo~t and tn9 p=ecec~n<;
15
er[c=t, whlCt was tne st=acegles fo= revltallZatlon
19
of C1ea~Nate~ Beac~, and chen the effo=t t~ae
20
preceded that was a sCudy by ~L~ Q'Nelll, a plann~nq
21
consulc3.nc oue of Ta..rnpe., weo looked at ens lS5\...:.8
22
~e<;ardlnq wnec~e= the ~each qual~fled as a Stace
2J
Cnaoese 153
~esule lE oue
to c.eflne
- - ~
L!.!.e
lS3ue
24
(lnauc.ltle) be ~e~~o~mec to prove that _c C.ld leae. 0p
2S
ta ehe ~eacn-3y-Des~qn cocume~t ~e~nq cev91c~ed ~y
LAw{~~~' C~OICS, INC
11
~~
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M:
Se~m~n whlCh ~e~n5 1t'5 Dee0 app~ovec ~y
_T-..........
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2
80a=d and l5 on ~he C1t~ COffiffi1sslon
3
ThlS p,:-oJ Be [ obvlouSly speak:.s ~Q one c E t-~""
4
major cQmponeccs of Beaen Ey De51~n, and [nat 15 the
c::
.)
=eposltlonln~ ~nd the .:-e~evelopmenc of Clea=wa[e~
6
Eeach
7
It tak:.es advan[a~e of some ~Ew lDeentlvES that
c
a=e c:eated 1n 2each 5y Deslgn, pa=tlcula=ly enose
9
relate~ co ene reconfl~u~aclon of South GulEv1Ew. CDe
10
~evelopmenc of a publ1C secco= ,,' cerp'lS of '",nat we
11
call tne beaen walk, whlS~ YOu all are famll1a= wlch,
12
and ehe creaClon of -- lD etIeet a resort bonus pool
13
~elng as to (lnaudlDle) thlS k1DC of a f.:-ee ~uallty
14
We :eeo~nlZe thae, anc as lDCleatea 1D tne
. c::
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~ t.. .!....!....
the=e
:epo=t,
t.:lac
a numbe: of
a~cltlOTJ.S
arQ.
- '-
1 ~
- "
~hac wlll oe =e~ul=ed to oe saclsEled lD COn]uDctlon
17
wlch c~e a?proval of the Slce ~lan and cevslopment
18
agreement
19
SUt we wanted to make clea= fo= cne ~ecocd tnat
20
thls coes succeed tnat cons~cerable body of waese
21
.~!c as Llsa wlll pelf'lC out 11:1 ehe staII repo.:-t, tnere
22
a:e conslcerable ~oal sug~estlons ane ::iOllCles anc.
23
(lnauClb~s) chat spea~ ~l=ectly to CDe nee~ Eo=
24
fls~l~_l~tf a~c c.evelo9 che ~e~ula:lons cf tn~ nes~
25
for .:-scevelopmenc pa=tlcula=ly In COCJU~Ctlon wltn
L.il'N-C::'?S' C~OI':::', INC
12
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2
3
4
5
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7
8
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11
12
13
14
15
16
17
18
19
20
21
22
23
24
'"'r"
L)
the beach a.:1e COW'l c.J'NTl, ane the need co ~eY
pa~tlcula~ aCtentlon to ehe senSltlVltf of th~
tOU:lsm and tlffilng as fa: as the futu:e healCh
of tne
clCf'S economy as e whOL~
.'\nd e3 you all may -.. may know, tne (l::1audlble)
DeveLopmenc Councll and (lnaudlDle) 3u:eau has
recently dece:mlned thac tne p:oduct that lS
avallabl~ for tourlsm on all of the ~lnellas qreatec
lslanes lS ~eally a deflclent one, end cnele n~mber
one P~lOrltY lS the re~lacement and the upq~ade 0:
chat Courlsc peoJect
So fo: aLL thos~ ~easons, we
th~nK thls pa:tlcula~ a~pllcaclon as a t~mlnq l~ne
anc (lnaucl.:JI~)
f'lF GILDErl.SLE2:v.::
Ms
-- also, ~efo~e YOU
sta:;:, there's ~eally two acclons here today, anc one
lS the development agceewent, t~en t::1e otne: lS the
fle~lble aevelopment apPcoval
Do those :equlre a
separate WOClOn?
MF STONE
We would cequest that you take them
sepa:,~tely
tou~ aCtlO~ on the Slce plan In effect
lS a flnal acclon, can be appealed to ehe state
hea..c l..r1g off1..ce~
Youc aCtlon on the ce~elopmenc aq:eemenc lS an
advlSO:~ one ~n you: role as a local ~la0n_cq aqe~Cf
co t[Ie Clev Corn.m':'sS_or. (If'la.udl.:Jl~)
M-
~
f.!..e:ce ..!..~
L:l...'tr:.::?s' c.:..o:c::, HIe
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era
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1
gOlng co addLess tne Slee plaL lss~es, anc I'll go
2
ove~ de~elopmenc lS5~es
.,
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IYI? GILDE'?,SLE2iJ:::
Okay
4
MS fI2?C:::
Good a f 1:2: .enoon
Llsa :lerce fo.e
c-
:;
ene plannlng de9a~tmenc
~s Ralpn has alluded to
~
v
tocay, we a.ee gOlng to cal~ about a majo.e
7
recevelopmene 9rO]ECe fo~ ehe oeacn
2
Tne faculey's p~oposal for a ~ae~o~ally
9
~ecognlzed =eso.e~ cocel wlll aSSlS~ In =edeflnl~g c~e
10
beacn as a p~lma=y tO~~lSt ceselnaclon, and lC aLSO
11
.eepresen~s ehe cltf'S VlSlon for the beac0 ane lCS
12
fueure
13
The scaff lS cecommenclng app~oval of boeh the
14
flexlble ce~el09mene appllcatlon ane ~ne lnceg~al
15
eevelopmen~ agreemene request
1 h
-v
As yOU lOOK CO ene screen. you'll see the
17
aerlal vlew tn~e was lncluded In your pac~ec
You'll
18
noee that tne Slce lccluoes an assemblage of va~lOUS
19
pa=cels affectlng on bach South Gulfvlew ao~leva~c,
20
shown he=e, as well as Co~onado Drlve
Ie alse
21
~ncluces Thl~d Sc~eec
Ic ~uns cn~ough eje slte In
22
enat locaclon thece
~ .,
c:.~
Noe o~~i wl~l ehe e^lsclng bUllcl~gs be
24
ce~ollshec, but, as we've ealkec a~oue p:evlouslj,
2:
Thl=d Scceec wlll De jaca~ed ~:om Soucn Gulfvlew co
:...."'\/'.(:.. 2? S C-:OIC:::, INC
14
1 ~
_:l
1.
co.:::-onaoo D::-1ve
}'z.c a ;:.ort10L' of Soucl-, Gulf'lle'N 1S
2
far11.1li oweLlllie;
on crle
r:a.:::-cel as
well
-- 1nco a
~\I
cu=n th1S SlC~' ~
~' "gj
~,,~
1S one s.Ll'e;le Et'ilJiIi
~
tro
IlIlIQlo
CO
250
to ce
vacate':'
as
'NE 11 as :E a=
as crus p::-oposal
3
F...!.'1C ChE
p~oposal 15
to
baS1Cal1.Y
4:
of
moc.es;:,
nor::el
::lu1lc.lne;S
and
;:r~e ce
6
.:::-oom hotel
1~1 L~""! a
full
compleiTten t
of
c.Irte:l.l -C l e s
7
1ncluc.lnc; a~undanc pa:~lng
e
As we C.lscussec ac cne January CD3 roeeClnt;, a3
9
Ralpn allucec co, tne slte lS locacec 1rl t~e beach
10
walk OlSt.:::-lCC of tue 3eacn-3y-Deslgn plan
The ar2c
11
13 .:::-ecogn1zec as ehe p::-1Mari beaeh-f::-onc desC1natlon
12
on Clea':::-wacec 3eacn
13
~Ld ene plan reco~rnends chat thlS a.:::-ea be fully
14
.:::-ecevelo~ed lTI te~~s of race. al~gnmencs as ~ell as
115
parklnc; and bUllclnc; c.es.Lqn
In pa~tlcula~f lC
. r
1'-
_v
recornro.encs cne .:::-ecevelopment of South GLllfvl.e'''' lr'11:0 a
17
oeaeh-front promenace
18
Also as Ralph ~enC1on, ene proposal lncludes a
19
cOO-UTIlC cenS1CY pool as a :edev~lopment .LnCenClvE
20
fo: hotel use
?LC lD ChlS par~.Lcula~ appl1cac1on,
21
c~e proposal lTIcludes the use of 183 of t~ose unlCS
22
The pool, aga1n. lS 1Dcencec co sC1~ulace cne
23
ceSl~ec cacalY~lc (.LnaUCl~l9) ;:O]eCC5 aqaln
24
~nc~uclnq C~~3 ;~o~osa1.
-0:
i._
As snow~ on cne sc~ee~1 DO~Lh 13 cccuclly O~I
LA~~~SS C~OIC~, INC
16
1
to the
to tne left of tn~s pl~~ Vl2w
Coronaco
2
Avenue 1S ~e~e along tDe top, ane tnen South Culfv12W
"'1
~s ove~ nere co tDe DGttom
4
The p~oposec Ma:~locc Seasnell 2e50:e wlll
s
lncluoe a~uncant fu~enlCles l~cluc~ng a healen club, a
6
pool, ban~lng fac1l1t~es, ane va:lOUS :estau:ants a~d
7
hotel uses
8
The ~ooms w1ll :ange from standarc roems to
a
lU~ury sultes WLCD k1tchenettes, and some :ooms wlll
10
nave p:~vate lanals
11
For Co:onaco, t~e sectlo~ lncluces a o:op-off
12
a:ea for V~Sltors as well as -- as guests, ane
13
cnei'll lDcluce an ent:ance and an eXlt to tne
14
pa:kl~g a:ea shown l~ chiS location he:e
1S
At tfie no:en end or tDe slte 1S a se~V1ce d:lve
16
that's fully sc:eened, ane lt will lnclude all tne
17
d1ffe:eD[ se:vlce uses 1nclud1ng dumpster locatlon
12
and cock
19
Tte South Gulfv~ew ~oulevarc. s~te wll~ have
::0
rlgnt-ln, rlght-out access as shown Dere at tne
21
souehern ene of [De Slce
PO.DC. a pec.est:L:.D cc.dge,
22
e~cuse ~e, ~lll be located feom cte second sco:v of
23
the hotel ane pa:Klrrq qarage ac~oss South GulEvlew
24
30uleva~c. ove: to enE teac~
2~
J
~ t:a:rlC Lm;act assessme~c wa3 p~o/lCee ~i t~E
LP\N~!::?S I Cr:C,IC:: I II\fC
~m
<CD
C)tI
IIDU ~
IlD1I\'lII
~ n\
crO
-sa
to\(
1
a~pllcant's c=~fflC en~lneeclng consulcanc~ ~h~ch ~s
2
Klng Eng1nEe~lng, ano tney concluc.ed ~hac the
j
recEveloprroenc of tElS slte as 9=090S8d coes not
4
eX~Ect 1t to ceg~ace C~E eX13t1n~ levels of se~Vlce
5
along the Souta G~lfv~ew BOuleva=c wtlcn cu=:ently
6
has a level su~Eace of 0 O~ along Coronado D=lve
7
1S -- nas a l~vEl surfaCE of D o~ tDc su~roundlng
8
roac.1l'lCY SySO::Em
a
.-
Tne cEslgn
~
a!..
che hoeEl ,,-,111
.l.:lcluc.e
t.~"'o CQ';'/e.::-s
10
W1tD a cente: sta~d The towe:s wlll ~e 100 feet
11
apa.::-c, and the g:ound level wlll lncluce lob~j
12
meet.1ng :ooms, agaln :estau:a:lts and retall uses
13
r.nd art top of thlS g.cound l:2;vel - - I guess INE
14
oet.ter look at tnl3 one -- on top of t:le g:ound level
15
floo: wlll be SlA levels of st=uctu~ed 9a.cklng, and
. r-
10
tnen on top of tnac CEE~e wll! be SEven levels of
17
hotel rooms
That wlll ta,e you to fou~tee:l floo:s,
18
a cotal of 150 ln he1ght
19
Tae pa:klnq ga~age wnlcn LS 1ncegral to eElS
20
overall development proposal wlll lnclu~e ove: 800
21
pa.f"K1.ng spaces
Fou~ hund~ec of encse s;aces wlll be
22
allocatee for publlC use, cne ehe ocne~ =~ma~nlnq
23
spacss wlll mak9up fc~ notel paL~ons and guests
~ ~
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In ~er~s of ~o~e speclf~c ces~~~ Ln
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L:;
arc~_ceCL~:e l5 c~e Co:~naco ~leva~lo~
YOL~; 11 i""_c:e
l_~.',f'~:::F2' C~OiC:C::, :':NC
17
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DJ
cr
-
(D
lB
1
chac ~lch all che elevac~o~s tnat ~o~ see. cne~ all
2
nave a tlec~c O~ l~yerec eEfecc O~ sta~ga=c he~~hcs
3
of roof Ilnes
4:
The fO:Aal enc~ances p:oposec along tJE
5
Coronado elevaclon
A l~ss fo:roal mo:e, I quess I'VE
,.
c
hea:d tne cer~ beachy entrance. 15 proposed alc~g cne
7
SoutTI Gulf 30uleJarc
Ie lficludes a se~les of
2
clffe:ent a:cnes and canoples ane thln~s Ilke cnae
9
C~ac are OQvlously ta~lnq adva~tage of cne Vle~s Qve:
10
ene gulf
11
The appl1canc also p~ovlded a Vlew anQve Cne
12
north elevae10n of Che oUllclnq
J:...gclD I l C
1t'5 a
13
Iltt1e elC less cramaclc cnan the ocne: t~o
14
elevaClon5, buc 1C Goes, agaln, lncorpo:ace the
is
t~ered 0: che laye:ed effect
And It aoes a verf
. ,.
1.c
gooe Job of sc:eenlng oc~e:~lse less ateractlve
17
par~lng struccu:e lD the lower porClon or 1C
18
W1C~ all t~e el~vatlons, c~e p:oposed materlals
1 0
- -'
wlll ~e pol1shed scone. stucco, lnclude tne use of
20
natural colo:s anc a ba::el elle ~oof
Tne a:c[u tece
21
~S gOlnq co pee sent co you In much wore ceCall a~out
22
all che a:cn~teccs -- all che a~cn~tectu~al
23
~s fOU :ecall f:o~ Seach 5~ Deslgn, ene
24
p:oposal wlll lncluce tfie 1mple~e~caclon of chs beac~
25
NaLk 1~pco1,e~En~s
2qaln, c~e SOLC~ C~1~v~2~
LA~!~~S' c~o~c~, ZNC
II
fD
UJ
. ..
n
o
"
'<
19
1
EOu1evc~e wlll be ulClmate1y ~edeslgnee
It w111
)1m
<(1)
0)",
_I ..
-
~n
110
-"
''<
2
lDclude speclal plantln~s, C~~ ~~omenade, ce~Ccln
3
seCClons o~ pa~klnq a=eas ane, a~aln, tne walkway
4
over Soutn GulEvlSw Bculeva~d ove= co the aeach
5
Th~CTS lC foe che plcc~rEs
6
Tne appllcaClon 15 fo~ f~eAlble cevelopment
7
appcoval. and le's pa~t of tne Comp:enenslve InElll
E
Peaevelopmenc request
The speclflc :equesc lncluces
a
-'
an lDcrease lD hSlght f~o~ 3S feee co 150 feec, aD
10
lnc=ease In the nili~e~ of rooms from 65 co 250 :ooms,
11
:edDctlon lD c~e f:onc secbac~s along both South
12
GulfvleN 30ulevard and Coronado as well as a
13
:ecuctlon In sltes att~cned to ~oth tne no~tn and
14
south elevacloDs from 10 feet to zeco feet
1 r
_:J
The scaff 15 of t~e belleE that the lnc~eaS2 1D
16
helgnt ane a ~educclon In set~acks 15 cons~stent wlt~
17
tne lnCent of the Beach Ey Deslgn
.jl....n_c che c.e.3 19n
18
quLce1lnes, as fOU may =ecall, a~e ac~ual1j l~CenC.ec
19
to ~e fleAlble In chelr a~~lnlstratlOn
Tney'.:-e not
20
lntenCse to secve as ~e~ula~lons tnat ~equl~e ~el~ef
21
wlth the exce~tlon of tnose p~oJects cnac cequl~e an
22
lDc.:-eass Ln ~u1lc.lng he1ght and enose 9CO]2ctS c~ac
23
ODe to be spaeee less erran 100 apart
24
A~a~L, sterr LS reco~~enCln~ a9prOv~1 of oach
~o:::
L._
c~e ElexlDle de~elo9ment .:-eque~c3 as ~ell as t~e
L~'N-::'C:P S' C -::0 IC:::, Il\lC
20
1
c8velopmenc agreement
The scaff belle~es thac tne
2
p~oposal
ru:chers the CLty ~oals
and obJecCLves
-~
c~
3
outll~ec ln the comp~ehenslve plan, ane we've llSted
4
tnose fo= you ln che scaff =e~orc
~MC we believe
J
tnat LC complles wlth cne Ccmp~ehenslve Inf~ll
6
crlce=la as well as the general fle~lbLlltf C=lce=la
7
as well as the Eeac~-3y-Deslgn C=LcerlB
8
The scaff 1S =ecommenClng a~p=oval with tnree
9
conclt1ons llstec ln the staff repo=t, aue they
10
include the follo~lng
NuIT~ec one, thac the
11
ap9l~catlon oe effect~ve upon development agreement
12
approval by the Clty COIT~lSSlOD
13
Nw~e= t~o, chat the Soucn Gulfv18W 30uleva=d
14
and Tnl=d St=eet =lgnts-of-way ~e vacated ~y the C~ty
lS
CoromlssioD
~Ld, nurrbe= th~ee, chat the front of the
16
IlDe of the oullclng ~e conSlstent ~~tn co~ceptual
17
eleva~lons as su~mltted and/oc ~odlf~ed by the =oa~d
i q
_w
.~cd My Scone wlll talK co fOU a~out the
19
ceve~opwent agceeme~t In mo~e cetalL
Also, co let
20
you know, 1n C3se Ral~n doesn't meGC10~ lC to yOU, we
21
cld clStYlbuce co you tOCcy thlS fine toun~ docuroenc
22
he=e
It re~rese~ts the e~hi~lcS chat a=e to De
jj
~-
accac~ec to ehe cevelo~~enc ag~eeme~t
24
The~2 lS ac:uclly ~O[hl~g ~ew Ln cnac cocw~en~
25
cnac yOI~ ~2\,e~lc alrea~y see~1 b.~c lC ~Eai~l J~s~
LA~!~~E' C20:C~ I~C
21
1
consolldaces It: in an all-ln-one bo~nd fashlon
2
l"l:\ GILD:::?SL::::EVc
_C,'..DY qu.estlons of s-cafP
")
-'
2alphl co you ~ant co qo ahead anc cove~ cne
4
cevelopmenc aG:e~wenc at tnls tlme'
5
M:? STONe:
\...~~ c::,........
-........ __ f ...__
Just to ve:~ orlefly
6
St!..nuna~ize tr1e key Gus.!..ness t:Olrits of c:~e developiT.enc
7
aG~eemen(, as Llsa lndlcacec, tue develope= 1S
8
pcopcslnq to brln~ ln a 2SQ-=oom =~so=t faclllcy on
9
Clea:wate= Beac~
10
They a=e PCOpOSl~g a mlnlm~~ lD the cevel09~ent
11
a~=eement of no less than 750 rooms
Ide trunk 1 t
12
wlll be so~ewhe:e In the nelqhDo:hooc of around
13
800 to 830, e~c~se ~e. pa=klng spaces
800 co 830
14
parklng spaces
400 of chose spaces woulc be
15
cedlcated co publlC use
The =emalDeer of the spaces
, r
La
woule be dedlcatee to the pClvate pa:c of tDe
17
P=OJEct
l C
_'..J
T~ei a:e ~~OpOS1~q co p~ovlce 150 pe~cen[ of
19
t~elr prorated COSt of che overall cost of the beacn
20
wal~ ane Souch GulfvlEW reconf~~u~aclon based on (he
21
percenc 0: thEL~ f=onca~E as opposec co tne Ilnea:
22
tota~ of the prOJec~
..... ~
'"-J
So If tQel~ f~on(a~e happeD~ co oe 2S ?e~CeD(
24
of the ~otal DrClect cost, may~e pal enac lC lts
2 =,
en,c:.:--ec.y
T~eyt:e a~so p:opoSln~ to t~e f~c~t of c~e
L)W~E?St C~O:C~. INC
22
1
ease che same lm~rOvemencs jecween rlr3C Sereee co
2
(~e Dorcn a~d soueD, co Cne souen eQ~~ of c~e 2each
J
Pavllion WfilCh lS oue on Clearwace: Eeach
4
T~ef wOulc co cne desl~n arre ccnsCCliCtlOn wlt0
S
C1(V pa~clelpaclo~, an~ would fl~ance chose costs up
,..
o
fcont
,l1.I~c thei INoulc. .:)e pale. bael,,\: ove: (li118 or a
7
pe:1od of up to 2S iea~s
8
The conSO:C1on step woulc De Ilm~cee to [ne
9
lmplemental lDccease 1n tnel~ ac. valo:em t~(es ane
10
mane! for l~pleme~cal 1ncrease and cne~: ut~llcy
11
taxes
12
The e~tenc wh1Ch cnose ~evenues cOuld je
13
applied woulc. De no ffio:e than :0 ~ercenc, aga~n a
14
(lnaudl~le) Clwe P8:10d
The:e 15 an opt1on Eo: t~e
1 ,-
-:)
ClCf C0 vote co buyout che pa~klng Ga~a~e as far as
15
cne pUDllC spaces a:e conce:nec
res er1Cl..~eCy III cr!.e
17
first five yea:s
is
Tne:e's al50 an opt1on [0: cne Clty to GO out
19
a~c (lnaudlble) a cOffipec~ng ga~a~e wltrrln a quate~ of
20
m1le CU~l~g tne pe~loc pr~oc co chem ~~OV1c.1ng a c.ebc
21
cove~a~e SUbJECC to t~el~ f~~anc~nq of 125 pe~cent of
22
those cost::;
So cne flnarrcln~ tnaL eney wlll ~ave
-1
L~
appll2c eo t~e entlCe pa:~lng ~~:a~e ~lll have some
24
prctect~on ~f cnE CltV Wan~3 to 8U1lc a blq~e: ga:a~e
'j~
_J
wlthlc a q~a:~e: m~le cf (l~aua1ble)
L.".'N-i::?' S C ~G :::::: , HIC
23
1
I th~rrk that p~ettv IToucn COve:3 trre key
2
buSl~ess (lna~dlDle)
3
M~ GILD2~SL~SVE
P.IL;[ other queSC10ns fo:::- the
4
staff?
5
MR JOENSON
I do
I nave a qUeStlo~
6
T1metaDle
Is Co:::-onaco to De th:ee lanes, co:::-:::-ect?
7
3ecause tnat's what I keep ~ea:1ng
E
M? STaN:::
When South Gulfv1Ew 1S redes1gnec
Q
aI".c movec co che west, tne cence:- cu.c'1 lane w1ll come
10
ott of South Gulfv1ew, ane 1t wlll be move~ cve:::- [0
11
the Coro'1ado (~naud1~le)
12
M? JOENSON
OKay
So 1nstead of Co:::-onaco
lJ
14
:)21;"].g t'NO lanes, 1t 1,..111 become th::-ee')
MR. STONE That's cor::ect
M.9 JOENS01\j Gulf lr.!.s teac of 1:n~ee ltd. 1 1 become
1 ,...
_:;J
. ,-
,r
-"
L'I"O?
1 ~
- I
MP STONE
That's cor:::-ect
18
MR JOi-:NSON
Now, now 15 1t all gOl~g to
. c.
l~
coo~dlnate for c=af
I mea~ say -- let's say ChlS
20
qets ap9rovec, oka~? If you we:e bullclng a
21
h1gh-rlse ;feu got 400 e<t:a pa.c~lng spaces he:-e
" ,...
~L
Tr1E: ':::ieac:l
the Gulfv1ew Boulsva.ca, you're ~olng to
23
c~a~ge lC to ~ake lC 1~v1~~
cu.cvy
Sor=,:!
r
24
d1dn't know tfie exacc woc~
2S
~ou':e ~olnq to e~l~~~ace c~e ~a:k_~q ove:
L~'i'r'!~?,5 J C:O:::CS, :NC
24
1
here, a~e yOu gOL~g co worklnq on Co~onado at (ne
2
same tL~e as you'~e gOlng co te wo~klng on CulfvlEW
3
and the ~eacn? Eow lS It a~l qo~~g to --
4
MR STONE
Well, clea~ly, lt'S gOlnq co De a
5
cnalLenge co fLgu~e out c~e clm~ng of (ne -- fOu
6
know, pe~clnence up on South GulfYleW and Co~ona~o
7
and to accomrr,odaced ~a~klng on tne beach
_~~n~d we
8
don't know how [nat's go~ng to wor~ ~lghc now
s
As you ~now we ~aYe a conceptual Klnc of
10
footp~Lnt fo~ tne reco~flgu:atlon of SOUC~ Gulrvlew
11
anc tne Deacn wal~. ~ut we con't ha~e fLnal deslgn
12
Now chat the oeac~ walk prOJecc has oee~ a;proved,
13
one component thac we'll go anead and move fo~wa:d on
14
15 the decolled deslgn of Soucb Gultvlew and the
1S
beach wal\.:
16
I tnlnK ODce that's concluded, tnen we wlll be
17
sLcclng dOwTI Wltn englnee~s a~c ccnc~accocs ana
13
f:ope~ti owne~s oue enere In t~ylng tc flgu~e Out how
19
[ne Cl~l~q ot those lmp:ovements can wor~ besc co
20
acco~~ocata the c~aff~c flow and cne pa~klng untll
21
tne proJect lS concluced
-?
.::-
?DC wheche: [hac happens LD a pnasec
23
conf~qu:aClo~ o~ hap~ens on an easc/wesc
24
conf~~u~a~Lon 0: a CO~~lncClon of these C~ln~Sj lC
-,..
L)
~:~l SC~lL tave co ze flgu~e~ cue
Tnat 'Nl.ll ce a
LA~!~~S' C~OIC~ INC
23
1
s~gn~f~canc chalLs~ge
2
M2 GILDSRSL~EvE
Do you have a quest~on~
1
MS ?~T::s..20N
~ean, I JuSt have a queStlorr
4
I'm looK~ng at tne development aq~eement, pags 11,
sectio':-~ 10
It ScfS the c~ty shall p~ovice the
6
develope~ w~th p~bllc flnanclnq for thac Gulfvlew
7
South Gulfvlew ane ceach wal~ lmpcove~ents
8
Is t['tat wnat YOu' re l.all-(~n<; a--CiOllC \,.{itn tne ao
9
valo:e~ tax, cnat that's how ~e would pcovlde
10
financing?
11
MP STONE
(Noes head )
12
MS PETC:::\SON
~~d thae's the (lnauciDle)
13
!'II?, S TON:;:
T;:-~at' s co:rect
14
t"IE GILDERSL:::::-:'v'2
~flY ache: questlOns~
1 t::
-~
At tnlS tlroe is tne applicant prepacec to ~ake
16
a IneSs,ntatlon?
17
MP SCEIFF
Mr Chalrroan, aqaln, I tave to
18
applj
you ,now, fc: cne sake of t~e :~co:c, I nave
19
to obJect qOing foc~a:d
~~C not Know1nq whet~e:
20
we're qOlng to have an OP90~Lunlty co c~oss-e/.a~l~e
21
t~e staff, or wheche~ ~e'ce ~Olnq to have pa~tf
22
status esc~bLlshed at the teglnn~~q of tnlS
23
p~esentat~on. WhlC~ I c~ink 1S t~e ne~t oc~ec in four
2j,
code, t~at pa~t! status in a q~as~JudiC~~l hsa~lnq
23
nas to be establlshec
LAW~:?S' CS0IC~, INC
26
1
filS A~IN
Do you acc:~t chern as ~a~cles' Do
2
they ha~e -- they are che obJecco:s (Lnaudlble)
J
M? seEI.??
:o~ the recore, Go~con Scnlff
4
~nd I apologLze fa: t~lS, Due we're followl~~ you~
5
coce scrlccly
It's 5tlll uneer protest
6
If you're gOlng forwa~c, ~e ~ave no opt~on but
7
co slmply follow-up cne process
The neAt sca~e lS
8
to, I unce:sc~nd, l5 to e5ta~11sh pa=ty status and
9
to ~- afce: advlsln~ uS o~ our ~Lgh~s to pecsonallj
10
cestlfy and p~esent evldence and cross-exa~lne
11
wltnesses, anc thac would lnclude OU~ oppOrtUnlty to
12
cross-eAcWlne staff based upon thelr preSentatlon
13
~~d tne only otner chlng is, I tnl~k, at tnls
14
pOint to save tlme -- and I =eallze you have a long
15
agenca ~- we nave 20 OO]ectlons to flle w~lcn I wlll
16
.=. i ~
..!....!.._~
by letter now for you
17
The p:edowlnant lssue nere L5 chac yOU are --
18
the ~uestlons teln~ askec as we ~o alo~g
You' :::;e
19
askl~g GueSClons about thlngs tha: ~aven't happe~eG
20
yet
No one has vacac~d a road
On you: code, tDe
21
e~[y eOTh~lSSlOn has that ~o~e:, anc iou'~e C1SCUSS~~~
22
a p ~o J BC C ove ~ c. road t.:12:. t the ce hasn' C ~een c..!..!.
23
OPPOCCUDlty to vacate
24
MF GILD:;:PSLEEijE
I cnLn~ ~e u~cer5tanC
2:
~Jl? SC~-:.::Lft
Well, we ~ave t.c lcc~e an
LAvv..';~?S' C::-:O::::::::, Hre
27
1
Ob]ee~LOn oecause LC'S clea~-euc for a poo~ Slcuatlon
2
gOLng on he~~
If that was nevEC vaeac~d, wE'~e
3
wastlng our tlme ~ece tOQa~
fu~d tnacls ~h! I reeL
4
we tavs to pue thl3 on cn~ recoec E3rly on ~eeause we
s
feel that tDe process lS Lot In o=de~, ane we hav~ co
6
lodge an obJectlon
7
I wlll at tDlS pOlDC submlc ou~ leccer or
8
OC]eetlon ~ow for the ~eco~d
9
MS 9ETE2S0N
You= aeelOD wlll be eantlngent
10
on the subseGl~ent aCtlOn =equl~ec by the commlSSlon,
11
anc the~e are nwpe=ous sUDsequent aeel00S =equl~ec
12
lncludlng the (lnaudlble)
So heee's tne Slce plan
13
app=oval, and cne reeomme~catlon wlll be contlnge~t
14
on tnose thlngs
IS
You are CDE ceJelopmenc ag=eeBent and
16
ultlmacely on the vacatlng
3ut on the lnflll, yOU
17
were the flnal ceclslon
3ut lC lS contlnge0c on and
18
that's an unde~stood
. a
l~
~R SCEI??
well, we have to stand ov our
20
OD]8CClOn
21
M~ KIM?TON
2oa~d merr~e~s, Me Chal~wan gaoe
22
afce~noon
I'm ve~y hapPi co De nere
As yOU ean
2~
see, (here ~ave jeen so~e va~latles lD geccl~g cni~
-~
L~
Ia~ an~ Ne'~e Jumplcg ove~ cn~ngs as ~~lckly as ~e
?~
-~
ca~
~A~~~~st C~OIC~, INC
28
1
1"I? GILD SS S :'::::'::VE
fo~ the eeco~c, couic you
2
prov1ce j aile na.rrle e..::"I.Q
3
MP KIM:;:'TQN
Yep, my n&~e 15 a~ii Ylmpton
4
I'm the ctcor~~y for tne cp9l~carrt
I'm also a
5
p:~nc1pal of ~he appllcarrt
I'm also a reS1Cent of
,...
c
Clea~wate: Seaen at 265 Bafslde Drlve, anc nave ~een
7
for 25 yea.::::
8
As fOU can see, we're -- we're ge[~lnq ~y e~ese
Q
..'
hu.cdlr:::s
Thl5 p'Cope.:ey fa.: th~s ;:CJ8ct nas been
10
unde: contract Slnce 1999
Ie was ln~elally 8rou~ht
11
to tne cley as an alternaClve co Fler 60 pLUS wnlch
12
was a na~ed deck wlth a notal on top of It rlght lu
13
front of tne ma':lna o~ Clea=wate~ Beacn lnco=?o.catl~~
14
so~e of ou.c nelqnDors' ~:ope:ty ane also some of the
15
c.!..ty'S p:ope:ty
16
Once we p:esencec lt to tne ClCf, tney saw It
17
as a very vla~le alcernatlve and nave oeerr pursUlng
18
It ever:'1 Slnce
We cld suffe~ a Sl/-moncn cel~y wnen
19
we ~enL th~ouqn Lee CQwntown ~edevelopment ~hlcn,
20
ilnfor:cunacely, Clon'c pass
So tne=e's, you knew, a
21
tocaLly dlEfe=ent p=ocess ~o.!..nq on ac Clea~wace':
22
See..ch
23
I C~l~~ chac w~at's hap~e~eG tere .!..n che
24
9cS3a~2 of Beacc Ej Ceslgn ~c3 besu ~o ~~lTIg o~e of
2 ~,
[ne ~lg~ESC C~~~~S ~hc(rs eve~ hap~enec to Clea~~cce:
LAwf~~3' C~OICE, :NC
29
1
co tne f~ont bu~ner, and It'S iOu~ oppo~t~nlCY to
2
LOOK at that wItn us
J
The Clty 1S It ~Oln~ fo~wa~c WltD a C~3IDencous
4,
~~ounc of lrop~ovement In napes of stlIDulatlng
i:
..J
redevelopment on the oeaeh IncludIng tne ~ouncaDout
,::
'-
ane the neN 60-~11110n-colla~ o=loge tnat IS lInea up
7
to be ccmplecEc at the s~~e tlIDe t~lS p~oJect comes
8
al.ong
a
..J
I can go o~ fo~ a long tlme, ~ut It's ap~a~e~t
10
tnat we'~e gOlng to have some tlwe conStral~tS TIere
11
$0 at ChlS tIme r woule llke t~ Int~oduce ~Icna:d
12
GehrIng who WILL orIng fortn cne tecnnIcal
13
M? GILDE~SLccVE
Mr Genrlng, can fOU gl~e uS
14
also an Idea of now much tIme cnac you feel ~cu neec?
1 -
_J
Can thIS be cone In fIfteen, twenty ~lnutes?
16
M:1. G2::?.ING
My goal, Mr Chalr, wILL be to
17
use approxImately IIIteen mInuteS, and some of tne
13
tlIDe tne scaff (lncuclble)
l'.nC I cld b::-Ing
19
M~ NIChols f=om Nlcnols (Inau~lble) f~om Co~al
20
Ganles today as the ~~chlcect, anc I was LCO~l~g co
21
aSSIgn elGht to te~ m~nutes fa: ~l~ tc wal~ cn~ouqh
-?
.::-
cne deSIGn so that yOU wculd uncerscand
_1.......
~.u.c
dir~a.ml~ s
23
of the ~ro~ecty and cne Invesc~ent
So we cOI_le. oe
24
~lchln c 2S-m_~u[e elIDe f~cme
23
~rR GE...D2:?S LZ:::VE
I assu~e c~e COC~C ucS no
~';'w::C::?.3' C:-:01C::, INC
30
1
ObJsctLon? ContLDue
2
MR Gi::::RING
Okay
I ha~e co push the
J
compute~ Good aEtervocn Some ~e~er may ~e
4
JOLDlng us, I uDde~starrd, Ln tne ~~ocess lr FlgU~skl
5
a:::-=L~es
~e's cOffilng Ln f:::-om Dade (lty or S08etnLn~
6
IJ..'<.e chat?
7
ME GILD:::RSL22VE
He l5 comJ..n~ lD, ane De's
8
~olng to be ta=cy
~nc then we we=s p=oba~ly
9
ne~l~~ent at the front end of tnls nea=ln~ to lee the
10
appllcant kno~, e~en tnou~n tillS lS a contLnUance.
11
yOu co ha~e the optlon to conCl~ue It agalD Ln tne
12
absence of a ooa:::-d
13
M? GEI-:S.ING
As long as you ~ave your quo:um
14
we'c llKe to pcoceed Slnce we're on tne sc~edule
I
1 -
_:J
tnln~ 1t'S lBpOrta~c cecause ~hatJ5 excLtlng lS tnac
i (::
-'-
fo~ Clea=wace= Baaen It's beglnnlng C~ hap~en And
17
what we ChlDK l5 lmpo:tant l5 thac an a:::-ea chac ,-
18
ODe of ~~e hlghesc growc~ curifes L~ O~: ~atLo~al
19
eCOnOffij fo:::- cecaces, t~~re nas been ma:glnal It
20
(lnauc~tLe) lDvescmenc of any consequence on
21
Clea=wate: Beach
22
I chlnK Beach By Desl~n sce9pec out co t~y CO
22
~espGnc [0 tnatl anc Lhen ~e ~n cu:n a~~ v~~i ~a;Pi
24
to bc, w~ac's called, cacalyclc p~OJeccs,
INE: '\/S '::)een
- i:
L.J
cal.:...ec a .La;: of
c~~ngs, ~~t cac~~ysmj
I Ll'1ln.......
, 1"'" I ~
- - --
LA#~~?S' C~OIC~, I~C
J 1
1
lnd~ctlve of somethlnq chae's e~Yln~ to cre~te a ~e~
2
fue~re and ~e a~e e~Clee~ aboue enee
3
TnlS ~as cur conceptual ceslqn as It c&~e
4
for~a=~ of a system of cwo towe~s ane a n~ccen deck
J
Bue ene Kef was ehat ~e woule b=ln~ a Ma==lote Eote1
6
conf~rence center, pa~klnq system, =ee211 ane
7
:::-escau=ant ~~~ 2 maJo~1nq (l..naUC1Dle) prOject cha-c
5
c~eates a new oP90=CU~lty to =evltallze cour15m and
9
att=act a new quallty ~esorc hotel In cne Gulfvlew
10
C1St=lCt ane =ea11J st~mulate =eeevelopment
11
M= Stone outllned a counti-~lde p=ocess
I
12
thl~k tlred and obsolete has jeen the terms enat CDe
13
countf'S been uSlnq about ou= tourlS~ ?abrlc Our
14
fab~lC nas been less than =es~onslve to the Matlonal
15
t~ends
~5 pY1Ce pOlnts contlnUe co crop on tne
16
beacn, tne chell~nqe lS how to brlD~ cne be~ch DeCK
17
I ehlnk we're ~espo~dlnq to eDat wltn a~
18
outstandlng -- tnlS 1.5 a ces90~d
quall;:! des l.<;n ,
19
and we wlll navE [he a~chltect ~lve you mor~ decal1
20
on It
Sut tfilS 15 O~lnglnq ane =etu=nlng to the
21
world-class ~eso[t lmage of our ~ath
1I-Ie' r~
22
depencent on tne Don Cesa~ CDaracte~ of the c1ass~c
23
~lo[lda ~eacn hotel
Ie c:saCES c ~~eac cesclrrac~on
~ II
L.."
thac ~ecp1e reme~~e=
25
Ou: tsaIr' COffiffilc:nenc: ::'5 co De ~<::-0::eSS1cnc~~ and
U'N'::::'=S' C-::O:C::, ~NC
32
1
ca;aDle ane d21lve~ a cOmmuDlCy oase Doplnq co c~eate
2
a p~ocess
We've been cOLn~ tnac f~~ ove~ 18 ~onchs
3
we'~e cO~~lcced to a pU~llc/p~lvece wOLklng
4
rela~lonshlp only to be EAceedec by tnlsj OJ che
5
qualltf of the p~ojecc ltself
6
We COffiffilt lastly chac Clea~~ate~'s success In
7
lmplswenclnq 3each 8f Deslgn was Ou= success
So
8
we'=~ very haPPf to be In tnls pa~tne~S~l9, ane we
a
saj let uS beqLD
10
We're f~ank he~e by the ~eso~t e~perlence wner:
11
wnar we have 15 a beaen-Slde e~~eLlenee, tillS wc:lc
12
class
We constantly see OU= beac~es In Flnellas,
. 1
L~
and pa=t~cula=ly Clea:wate=, qettlng recog~lzed lD
14
natlonal and l~cer~atlonal ranklngs as a g=eat
1 ~
-~
deStl~atlon
l h
-~
Wnat we don't have l5 equal~ty of 5lttlng on
17
the malnla~d and the upper porclon thae responds,
18
p~ocuces a sense of 91ace on c~e beach s~ce chat
19
peopl~ eDJO! oe~ng at, stay at, c~eate t~e prlce
20
pOlnts that ~e-enio:ce au: eco~omy, create more
21
lnvestme~Cl and t~ac 3 wnac t~lS pa~~Lcul~~ proJecL
22
~S a~out, lS l~Dk~ng a wore-class ~esorc capa~ll~t!
23
to enoase au: wc=d-=lass beacn
24
So the klna of lfficges aLe ~:eac cesc~natlOGS
2S
c~e ~onde~ful pGOl~SlCe ~~c~2S a~c loca~~ons w~e:e
LANf~~S' C~OIC~ ~NC
33
1
peopLe can gathec and ha~e a me~o=acle e~peClence at
2
Clea~wace~ 3eacn ace a Key
1
Eaclle~ In Novembe= wltD the CLC~ CommlSSlon.
4
we appea~ed wltD M~ 3~Lan Mulcon who is the
c:;
vlce-9:eSlce~c of the notel cev~lcpmenc fo~ ~a:~lOCC
r::
"
['Jla~=lOt.C
- 1 .
lnce~~aClona_ p~esencec ~nel~
VlS.LOn, -chelL'"
7
ffilSSlorl. tnelr COIT1.J.lL'..lnlty cna.cacte.: and llil"f:a,:c t.hey
<3
fele they would nave
c
--
.~~d they have maJo,: resources In the Scate of
10
?lo:lda pa.cr:l.c1..!.la.:li In O.:lcndo ane. nOTI'I HI downtown
11
TfulLpc wieh tne new Wate:Slce wElch lS a ~ey to cne
12
link of a beacn procuce to those Ujlqu8 houses If
13
you've ~een to any of tne Orlanco compley 0= tnE ~ew
14
cowntown cc~plex, chen yOU know the cha=acte= of what.
IS
I'm 1:al~l.ng about.
l .:::
-'-
T~e=e's a~ awful lac of oppo=cunltf on
17
C.leerwate.: 3each
The=e's numerous Qlstrl.cts co
18
ceflDed In Beacn By Deslgn, and tneee was -- and t~lS
19
is presentatlcn -- an ou~llne of wnlcn aLSt~lC1: we':e
20
In
21
Anc I thln~ whae -- what :eally the key he=2 lS
22
(net the~e's lacs of c~eas ~ha[ the C1Cy lS
23
~denclfy~nq as neecLDq stlmulatlon fo~ cna~qc anc CEw
~j
,:: -
re-~n'iestmen~, ~~d thee lS cne ~eif Ln ~ rece~Elo9mecc
~::
e ['.1. ~j l ~ 0 r1rner~ t
L~w-~.t:?c.s' C:-.O~C:::', ~NC
34
1
So ~e chlnk thac tnece 1S m~nf q:eat 8eacn
2
p~oJects, ana ~e'll
we applauc ene pa:tles whO are
3
cu::-:enclif out cne=e ma~lng ln~~scffiencs. ane ~e
4
applauc ou~ nelgnnocs wilO are also l~tecested ln
r::
ma~ln~ lnVeStments
,-
o
I Chl~k that's t~e key
Tnece's gOlng to nave
7
to be an awful lot of efrore, pUDllc and p~lvate,
2
he~e ec make tnlS nappen
we've selscteo ChlS
9
Gulfv12W lOCdtlOn
We need a ~Sj c~talyclc a:ea a~c
10
st.lffiulus
250 ~efs wlll come lnco tDe notel
11
prlvateli owned ane flnancec
It wlll be cne only
12
Ma::lOCC norc~ of Ma:co Island on the west coase of
13
Flo::-.Lda
830-ca: pa.:::-k.lng r;a=age, 400 s~aces publlC,
14
400 for the hotel
~bout 1S0 of che notal's spaces
15
a~~ actually r;Olnr; to go Lnco a sna::-ed ~ode wlch the
16
400 tnac a~e ceClc~tec
Tne admlnlst=aclve ~~ t~e
17
develop~enc ag=eement =equlres a ml~lmUITo of 400
16
(lnauc.l::Jle)
we'll nave ~o::-e ava~lable
19
The =escau~ant cec~~l actlvLtf was funded
20
30,000 s~ua~e feet or cyn~~lc t=ash e~powe.:ed tne~e
21
wltn addltlonal rsstau.:ants anc accltlonal meetln~
22
IcClI:"c1es
T~e pa:klng ga:age wlll be cellveced and
Lj
complete~ W1CD the new b:.Lcge Ln 2003
Fa:~ of. ou,:
24
empnas:..s anc tlmlnq and mov~nq lS, cne CO~~lSSlon nas
-,-
L.J
ma~da~ed to u~ co say can tnls ~ap;e~ w~tn the new
LPloW: ~;5' C:-:C LC~ f Il\JC
1 ~
_ J
1
brlcqe
2
Now to CO tnae, we've lcud Ol.1.t a schedule In
3
01.1.= develop~enc aq::-eemenc chat cracks t~e b~lege bone
4
wltn an lssue. and tbe ccnSC=uCClon Slte to bUlla the
5
b=lcge co dellve~ botn pac~lng and the hotel o~ tude
6
scl1edule
7
Wny wOuld cnef Ilnance CDS qa~aqe Wlt~ ~O
5
S~bS1CY and ~o C1CY ~lskl F::-ee tne Clt} f=om cchec
9
beacn p=oJeccs
Now che people wlll pOlnt to tnls
10
and sayan, the=e's only eoo spaces
(Nell, we
11
recuced
. ..
.Ll.
from a
tnousa:1c,
iTLace
It go In smaller at
12
the C1CY'S =equest
~~C the C1CY, we antlclpace,
13
w111 be CQrnlng rorwa::-c wltn elther a marl~a loc 0= a
14
no=th pellcan lot or a lot to be even In ou::- area
15
when the ma~ket Just.LfleS It
. ,-
!o
3ut thlS 15 comlng fotwa:d wlch no C1CY
17
e.<pendl cure
So tne Clty can ta~e lts OJNri pa~klnq
18
cesou~ces a~c lnv2st them .L~ pa=k.ln~ lITp:Oveme~cs
19
wlthout a~y obllqatlon
The annual economl~ lmpacc
20
of the p=oJect wlll 8e ove: a mllllon LNO, and lC
21
wlll be over 250 to 300 J003 on Slce
22
Two motels. you ~now, thac I woulc saf mose of
23
SOULn EeccD -- ana rILL ~e p~esencln~ so~e cE those
24
e..=c l-~ 2
w~at I call a l.Lg~c CO~ClC~Qn, ~lll oe
25
replacec by a s~u~nl~G Ma~~~OCL
LAw~2~S' C~OIC2. INC
~
~ ,.
Ja
1
The beach walk, w~lch LS tDlS new st~uc(u=.Lng
2
ele~enc, an lmaqe
If you've been to Fo:t Laude~dale
J
::ecencly LD the lase rlve yea~s, you'll sse thac
4
tne~'ve ~epLaqr~~ed thelC l~age
Glossovas
r::
--
(pnoneClC) Avenue and a new 8each front
Tr1ere r S a
6
maJo~ new Ln~esc~enc, maJor new atcract10n
Slmlla=
7
co IN"nac na9pened lD South Beach l"IlaT'[1,l, the c;:uallty
8
ane cna::acte~ of the LDvescment lS accu=rlnq
We
9
tnln~ tnat shall ~ap~en
The 8each walK w1Il make
10
chat nappen on Clearwater Beacn
11
Then we have (lnaudlDle) cevelopmen( ag~eement
12
WhlCh nas teLms, WhlCh ~a19h had cove~ed (lnaudl~le)
13
I ~on c dwell on thlS
The keys oefo:e you today a::-e
14
t~e physlcal rac1lLtles
Tne outllne of lssues I've
is
got to p~esent 1S thae there's an area the~e today
16
w~e:e we're p~opOSlnG tnlS V1SLon, and CGlS .lS wnat
1 -
- I
It looks lll<..e
18
?~C lL you go lnco Eeacn By Des.lg~, the::e's a
19
~ncase tnac I ch~~k 15 apP::-op~late
It says South
20
GulfvL:w .LS all Qut an effiDa~~assment
P-.rJ.d I tfllnk
21
tnac l~ a town ~Lth almcst a I.LVe b1lllO~ collar ~ate
22
of case, (hel wQula ha~e to s~ll thls 59a::-k~lng
23
chey'c have co sell ch~s maJo~ aCt~cCClon
The
24
cha=aCt2::- and ~ual~ty of w~ct we'~s curcencly C~jl~q
25
La b:lng fo:th cs pcocuce lD ur~an scaLe c~d ~n aglnq
LAw~~~S' C~OICE, INC
37
1
st~uctu~es, It cefl~ltely 13 Cl=eC a~c cosolece
2
So when yOU ~o to Cle~rw~te::- 3each and yOu
J
can't flnd a pecescrLan Sjscem to walk on, and you
4
can't flnd a 2etter system to crlve and (lnauclble)
5
on, ane yOU ca~'c p~:k you= ca::- cOQvenlencly, anc tne
6
most maJO: u=ban cesl~n feacu~e lS a scalnless steel
7
Clli~~sce:, I chln~ tne:e's a cnallen~e the~e
?-..nd
2
TJ ~
_ v<:::
Ilvec In ne=e -- went to Cle~rwacer Elqh,
Class
o
-'
of '65 -- fo~ a lonG c~me
So I ~now that the
10
COnGlt.LOn can turn a~ou~d anc neecs to cu~n acound
11
So w.Lth that, tnls lS ou= assessment here LS
1:2
tnat tnlS a~ea 15 certalnly a p~Lme locatlon co
13
cellve::- and l~p:ove ane a majo~ cacalytlc prOject
14
occur
1S
Three key lnvescments a~e occurrl~g by the
. r
10
Clty
~ bC1Cge, a new gateway, and Gulfvlew ltsel!
17
Trlese clag~CJ.""s we:e ta1(en Ol.l.t of tne, not cu~::-ent
18
geacc-3y~Des~gn study, but tne ~eacn vlSlon doc~~ent
19
wnlC~ actually goes ~~CK ch~ee 0: four years
So
20
CltlZe~ g:oups have oeen fo~mlng and deflnlng the
21
ltems as a 1<.ey fo~ some tlme, ane we're ve~y nappy to
22
seep forwcEc anc c~y to cel~v~r them
23
Anothe: sC1Mu:atoc for ouc pcoJect LS what wE
24
call the Datcie al~er~ac~ve
~Ld t~2t was t~Yl~~ co
2 '5
make ~~e ~~~~ 9c:~ locccloc pe~~~~m fo~ a t~OUScDC-
L~w~':::?S' C:~OIC::::, INC
38
1
to 1200-car pa~kln~ deck
.~ld In a fo:mat even wlth
2
3
OC wltnout anotne: notel on 1(, It c~eatec a
def.lDltlOn WD1Ch we taught was gOln~ to be a
4
nelg~bornood beach
5
We ::-eal1y got lntO thlS project ~y looklng for
6
an a1ce~natlVe to tcklng par~lng from that 10cat10n
7
8
9
co a locaclon farther south
Ie's wrltten Yldged
11ne on that graphlc 15 the eXlstln~ -- lC'S a poste~
10
11
located
we move down to tne yellow area cent~a1ly
Ie's for ~each commercla1, saves pler
of art
pa=~lng for some future ~se
Ple::- ~a=k~ng wlll ~e a
12
future expanSlon
Fler par~lng wl11 oe a futu~e
13
expanSlon of the par~ whlcn wll1 be a g~eat asset to
the overall COWffiUDlty.
14
15
It expands tne opporcunlcy tne~e, creates a
p~lvate lDvescment, facllltates more than parklng
16
17
It avold5 emlnent domaln
The otDe: alte:natlve 15
15
~rlOY COffiDlnatlOn aetloD WhlCh lS extremely costly
19
20
It moves tDe pa~klng farther away from tae roundaDout
so tne (raffle doesn't Deck .lnta the ~oundaDOUt, and
21
lt starts South Beach :edevelopment
22
23
Now, I want to em~haslze starts South Beach
::-eceve1opmenc
Because we don't ~ake the lnveStment
24
23
actlO~ happen
Wltn our dolla~s, we'll n0gefully see
otDer people's co1la~s follow on
833 space lp the
LAw!S?S' C~OIC~, INC
39
1
decK.
There w1Il De 60 half ~~ace spaces left In the
2
Gulfvlew cor~ldor
ThlS lS tue fl=St cacalyclc
J
p~oJeccment
4
Thl=C Street vacaClon occurred was unlIlec anc
5
actually ma~es the slte -- lt's llke two footDall
6
flelds co scale
There's 250 mllllon keys
Thls lS
7
a quallty flag
Recall =estau=ant Dase Wlll De the~e
8
so chat the ground floor lS not JuSt a pa=~lng
9
faclllty
The qround floors are actlvated
All -ehe
10
people actlvltles, the restaurant, the ball:oom
11
functlons, meetlng room a~e allan the bottom floo=.
12
So when you walk oy tnls faclllty, you see people In
13
actlvlty and YOu're lDvlted lTI
14
150 helght .is uClllzed, but It'S uLlllzed co
l ~
_J
the Gulfvlew frontage and cascades down to the beacn
16
Gulfvlew lmprovement cu~nkey The Cltf has 5 mllllon
17
dollars In t~el~ penny fund far beacn lmprovements
18
They need money on Ma~dalay They need money on
19
Coronac.o
They ~eec money lD a lot of places
And
20
they Sdld to us, lf you can't del.lve~ the Gulfvlew
21
lmprovement and make yOu::- own Iltcle mln~ lnte~nal
22
tlp and ret0:n to ou~self, that wlll faclllcace the
23
prOJect and chat stlffiulates ::-edevelopment
24
Ince=e5tln~ly, the p::-o~enade, wnlc~ lS shown
2S
hee2 In tne red Ilne, ~eally che Gcand 30ulevarc, lS
L~_w"'!EP S' Cf-iOICE, INC
40
1
what South Beach coesn't have Beach 3y Desl~n's
2
3S-foot maJo~ p::-omenade sidewalk down tne cu~:ent
3
alignment of Glll f'v ie'N
4
Ou~ aDUttlnq pcoperty owners La tne north, the
5
MaL~opoulos' propert1es ~ere In another capac1ty
6
today, are act.lvely purSUln~ ~edevelopment
p~c tl vely
7
pursulng redevelopment To che south ot us 1S a
8
un1~ue locatlon whlcn .is tDe Legend Slte, wnlcn 1S on
9
the assemble by tDe G~ouP and tue reta~l :estaurant,
10
and they appeared to t0e COffiffilSS1on Lhe other evenlnq
11
asklng ehe queStion. Can we use Beacn By DeSign?
12
Can we come out 33 feet onto the setback a::-ea and
13
expand our restau~ant and ou~ retall? Anc t~e
14
COffiffilSSlon ~espoDded yes
1 -
_J
Our twO Delgnbors abuttln~ tilat a~e actively
16
pursuing redevelopment Ou~ deSign has DeeD
17
senSltlVe to cnose issues
we see the allgD~tent of
18
the roadway and tDe bi~ewai system belng an evolving
1 c,
---'
cesiqn In worklng witn the Clty both to permit ane
20
put in place with some co~~unity partlCipatlon so tDe
21
people are comfortable with 1t
22
But I want us to
tal1-(
h~""'c
u<:::_~
a moment anG OUtline
23
thac wnen we place ou~ p::-operty In se:Vlce, nere to
24
tne SOuth, thiS lS the Legend's p::-ope:ty
It lS 130
2S
reet of Frontage
They ha~e a retall racillti anc a
L~w~ZFS' C~OICc, INC
41
1
~estaurant faClllty tGey woule botn llke to expand
2
3
4
So we see the~ cOffilng OUt to ene 3S-foot frontage and
belng on tne new p=omenade wlth tnel~ ~etall
faCl11tles and cestau~ants
That's the goal cney've
5
set up
6
Our nelqnbo~ to tfie no~tn has p::-oposec tWO
7
maJor =edevelopmenc st=ategles
We've oeen In f:ont
8
of the ClCY COmIDlSSlon slmultaneously at ]OlnC publlc
9
~earlngs
Tnose leems are sho!~ he=e
TnlS 15
10
11
12
13
14
proJect P, WhlCh l5 apP=oxlmacely the enClre
unlflcatlon of all thelr holdlngs WltD tile vaCatlon
of :lrst St::-eet lnto a maJor cevelopment, It places
on our southern Doundary a maJor parklng ceck
AS far as Sltuatlng It, tfilS lS our slte snown
15
~ere In the red In tne Marrlott Seasnell
It would
15
separate
thlS plan wlll sepa=ate the Ma==lott
17
Seashell from thelr proJect wlth a 60 0= 70 foot
18
=.lghc-of-way ror a future ~eallqnmenc Il:st
19
20
All t~ese plan elewencs a=e subJecc to Clty
approval
They're not as fa= lD the pcocess as we
21
a~e, but tnls .lS a plan they lnformally SUDmlCteC to
22
23
24
25
tne Cltj, and lC nas the separat10n of roadway
It
has ove~ 700 IlneaY feet oI structuce at DlgD
elevatlon thae lS an ~ssue, and .it pcopcses placlng
[ne entl:e proJect on (ne beach cak~n~ away Gulfv~ew
LAwYGRS C~OICE, INC
42
1
Now all tnese lssues have to get resolved ~lcn
2
tne Clty
O~vlously. che:e's gOlng to It be a
J
4
process
a process
The p=oJect could be as Dlgh
as flve to 600 unlt5 cequl=l~g a DRI
Tne tl~lng of
5
6
7
8
CDelr prOJect, we certalnly hope, wlsh tne~ the ~ese
tnat tney ~ove forwa=d and wo::-k wlth tile Clty
But thls sUDsequently c=eated p=oJect B
PrOject 3 lS snown he=e In tne c=oss sectlon
On
9
thlS prope::ty bouucary wnere a dasn llne Just
10
appeared lS our pcopertf Doundary Our blue there 15
11
our parklng deck, our red's our retall, our plnk lS
12
13
the notel
The checker8oa=d a=ea 15 tue eKlstlng Spy Class
14
Hotel and south wlll be Spy Glass II
So that area
15
wOuld b=lDq a nlne-story hotel expanSlon down to ou=
16
17
g=ound (lnaudlDle)
And benlnd It lS an elgnt-story
parklng deck
So
and then on the north porClon of
18
19
the prOject glves fOU a ccoss wal~, and tney do a
slffillar prOject to tne north
So what you have nere lS ln thel:: -- In thelr
20
21
second proposal -- they sub~ltted to the Cley
22
CommlSSlon, as I knowj on January 16~n, end ~hlS
23
24
document was catee January 8th -- thef a::-e snOWln~ an
2S
elgnt-story pa:klng cec~ on the Slte boundary anc two
verSlons of spy Glass I and Spy Glass II
LAwY2SS' CHOICE. INC
43
1
Tney are noc utlllZl~q the oppOrtunlty to come
down In (De JS pe::-cent b~acket a=ea whlcn thei could
2
3
do and move tDel:: proposec Spy Glass II so that It
4
5
6
7
8
9
10
woulc come Out closer to the wate=
?-.11 of ou=
vlSlons In our cash plans nave been eney are lntended
to -- to de~ollsh tne Spy Glass
Thls lS tne fl::st
plan we saw wne=e we dldn't demollsD the Spy Glass
So what I'm placlnq on the reco=d here, tnere's
12
13
two abuttlng nelgnbors oath actlve1y purslng
receve1opment, botn actlvely pu=sulng the stlmulus of
3eac~ By Deslgn as a tool co De utlllzed
The key for that lS the new Gulfvlew concept,
and we've got he=e a potentlal fo= the slte to Slt In
11
14
a ~ey locatlon, have tnat parklng garar;e connected co
15
16
17
18
the beach wltn a maJor pecestrlan c::-osswalk
J...J'1.d out
In tile edges of tDe pavement varlOUS zones eXlst fo=
cafe ClSt::-lct, for pedestrlan dlSt:lct, for ::-oacway,
for blkeway, and, ultlmacely, for tne beccn Jogging
19
crall
J.~d that's an excltlng oppo=tunlty to nave a
20
=ea1 people-o::lentec place
21
If any of you a:e famllla= wltn four maJor
22
23
(lnaudl':Jle)
It's an auto zone today
Ic.'s llk:.e
stand1ng in a mall parklng lot lnsteaC of belng In a
24
maJo= deStinatiOn reso=t
So th~s lS tne new count
25
ror par~lng that we see occur~ln~ In thee new 576
L~w!2RS' C~OIC~, INC
44
1
spaces would be avalla~le In the p~ocess
2
The~e's also a ~ey to LhlS LnaL we're taklng on
-
.J
C0Ese lmp::-Oveme~cs and In the wacec~front area
P..'1 d
4
the next g:aphlc snows the -~ wDat we call pnase A,
5
Gulfvlew lmprovements, and phase 3
6
The [lYSt plece lS sort of ll~e from where tile
7
conceSSlon stand and double pCLKlng wldth .is all tDe
8
way to the no~th to whe:e cne Clty deflnes Gulfvlew
9
ends In the Ceslgn ~rocess
10
MR JOHNSON
Can you pOlnt It on -- on the
11
tnlng? Oh -- oh, you can't
Never mind
12
MR GE:HrUNG
13
MR J01:NSON
14
noc lTI tue computer
15
MR G:::HRli\lG
No
If you can't, no you can't It's
Gulfvlew no~en lS everything
16
where you see tnar ewo (lnau~lble) par~lng -- ehe blg
17
pe::k.l:1g Jon
18
MR JOHNSON
19
MR GEHRING
20
Right
fu'1C lC would be Deck eo he~e
whe:e the Clty wants to ta~e It
Pnc, well, ~n the
21
secon~ phese would be feom the~e south to Adams ~a:k
22
MR JOH[llSON
MR GE:rRING
MF JOhNSON
MR GE:-:RING
23
24
25
?COffi the pavllion whlcn lS on --
The pavlllons is ~lgne
Than!.: YOl..l
So what nappeD3 in eDae [lYSe
LAwY:::KS' CEOICE, INC
4S
1
2
3
4
pnase lS the maJo~ lnvestment thae the blq pa~klng
plan (lnaudl~le) comes off
It goes l~to tne deck
It's two 50-foot lots a~e ~etalned, p=omenade qets
.JulIe
Tnere's a c=ossover from the decK to cne
5
beach, and some sort of 8S verelcal Clrculatlon wlll
6
be developec eh~~e for eleva[o=s out on the -- on
7
8
9
pOlnt
Anc wheneve:: you come GOwn to q::ace, cne::-e
Wlll De a pUDllc faclllcy zone fo= se=Vlces that a::-e
a k.ey
10
11
Tne ClCy lS -- In oue developmenc agreement lS
mancatlnq that we dellve= tDe portlon to the north
12
The sectlon to the south
The endurln~ SlX month
13
afte= SlX ~onths of conscrUCClon, they had the
opportunlcy to put tElS p=oJect to us II they -- If
14
15
16
they ralse tne flnanclng fa: It, WhlC~ I belleve they
wlll
So, hopefully II lt wo~ks rlght, all of
17
Gulfvlew wlll be lmple~ented at one tlme creatlng the
cocal lmage
In our paCKage we also nave the deslgn
st=uctu::e [0= thlS, and we've nad Phll G~aham, a
18
19
20
23
landscape arcnltecture f=om St ?etersbu=g, do a
takeoff on ehls conceptual deslgn, and we started to
def.lne toe cna~acter of materlals and pape:s and how
21
22
24
many trees
And we lntended to nave thlS landscape
25
ac a Qualley wlth mature raclI1Cles so tDe day tne
L;'\N"!ERS' C'i-_OICC:, ~i\fC
46
1
landscaplng opens, It has a strong new lmage and
2
lmpact
3
The deslqn secclnq lS ~equlr~d publlc/p~lvate
4
partnershlp
We are pleased to De ~he f1~S~ to
5
propose and ::-espond to Beach By Deslgn to become
6
catalytlc
We chln~ we're ~e5ponslve to all those
7
elements tnat a:e requl::-ed
I chln~ they're fal~ly
8
well llsted 1n you~ appllcatlon, so I'm not gOlnG to
Q
.I
dHell 0:1 them
But yOU nave to have at least 200
10
rooroS. and we have more chan that
YOu nav,= to at
11
lease (lnaudlble)
we have more than tnat
12
You have a full-se~v1ce hotel
You have to be
13
a flag motel, et cetera So we have all the elements
14
that have been p:oposed for confe~ence cente~s, u~oan
1 ~
_J
hotel facllltles. full serVlce -- and I'll let tne
16
a~cnltect eApanc on chose as he does hlS
17
presentatlon
18
The resort dest1natlon lS naturally recognlzec
19
We don't thlnk a bet~er flaG
Ma~~lott lS a really
20
019 I<:.ey ne::e
In the 21st Century Deslgn, we've been
21
worklng w1~h them on a new p:oduct tney Just put on
22
cne 50utD -- on M1am~ Beach and chen 1n at Atlanta
23
whlch 15 the model fo~ ehese projects
24
The pcoJect 15 1 6 acres afce~ VacacLon
25
(I~aUClble) 15 ln excess of tne acre
The:e 15 a
Lpw:::E2S' CEOICE, INC
47
1
lO-root vacate of ~rantlng the r~~ht-of-way on
2
coronado
The qoal of che Clty 15 to make Coronado
3
current 60 feet wlde, 80 feet wlce
So we':-e
4
p:ovlclng our 10 feet to toe 40-fooc half s~ct1on so
J
chat, hopefully, sowe day coronaeo could Decorne a
6
fou:-lane sectlon
7
.~ld, lastly, toe::e's a ffi1C p01nt 1D the beaen
8
whlcn makes th15 proJect really a great locatlon for
9
tne park.lng
It's not a naked deck
iHl the decl< lS
10
screenec
It w1Il not look llke a parKlng deck
11
It's flnancec prlvately
The expanslo~s can be
12
coordlnatee, and you could plug lD eltner dlrect10ns
13
lnto abuttlng propert1es wltn {lnauclble}
14
The parklng :emoval wlll requlre somewnere
15
between 250 (lnaudl~le)
317 spaces wlII come off of
1 r
_0
the frontage, II you do gross counts, a~d the::-e wlll
17
be a replace~ent of some 60 new spaces ln what we'll
18
call che eyebrow lots
19
There are a lot of aeslgnlng gUldellnes of, at
20
least lS coverec 1n the remote de~ree, we've
21
accommodated
And, actually, our Orlglnal concept
22
plan a?pears to Beac~ By Des1qn because we sor~ of
23
predated the cocument
Coron~do and Gulfvlew
24
pco~ul~ates what wlll become qreat pecest:la~
2~
:J
10Catlons, and we ~ave a cafe seatlng zo~e OD tne
L)..'N-!:::':::cS' Cr:O ICe:" INC
48
1
2
3
beach slde WhlCh lS In our cEveloplng agreemen~
The prlva~e lnvestme~t proposed and tnls
wlll be, you know, ma~e Deacn walk occur througn a
4
condulC DOnd
The lnner Deacn cranSlC, whlch lS In
J
the plan, we thlnk wlll be accommodated wltn cnlS
6
crosswalk and ~e a ::-eal key co tDe people l[ ~ney
7
could pa=K tnel::- ca= and go an~4here on ~he ~each as
8
9
10
11
It lt were a futu~e c::ail
nortn, soutn t~anslt
mode
That would be a key
In the lnt:lcate deslgn, we certalnly exhau5ced
even tnough It's Just a very lose concept at tnls
12
tlme
I want co turn to the hotel and b~lng up tne
13
a::-cnl~ect
ThlS lS an outstandlng faclllt~ fo~
14
Flnellas County
We chlnk ChlS wll~ be a key for our
is
future tOu~lsm lmpact
Tampa's new Ma::~lott In the
16
Orlando marKet lS outstandlng, and the quallcy lmage
17
that Wlll splll ove~ co the ~est oI the beach
well,
18
19
20
21
22
we're tal~lng about bow muC0 OU~ ~ate wlll be
If we can -- what the qoal's nere, II we can
ralse the pClce pOlnt lh t~e ave~age dally ~ate tor a
wnole beach because the lmage lS up, tne quallty lS
up, everyone wlll bene!lt
So ~e see thlS as a real
23
24
Key
Ou:: abutClng prope~ty owners a~e gO.lng to ~ave
more valuable p~o~e~ty
3ut che ove~all stayl~g
25
powe~ -- and ~nen II we can ~alse ~t Just a Ilttle
LAwYEKS' CBOICE, INC
49
1
D1t, even Lhou~n chose prope~tles cnat don't get
2
3
4
5
6
redeveloped, wlll have possl~ly an lnc::-ernent of value
chat tney can let tDem re-lnvest ~n t~ose p:operCles
and maKe them a llccle Ole mo~e attractlve to tne
marketplace
All these ltemS here deflne the prOJect
50
7
8
9
let me ask John to come up
ThiS is Jonn NiChols
Jo~n NiChols 1S Nlcnols (inaudible)
Jonn NlChols is
what I would call a p~eeminent notel a::-chicect lTI the
10
ria tlon
Their fl~m has developed and desl~ned ove::
11
150 maJor hotels
Ee's done ove~ 20 maJor Ma=r1octs
12
13
If you've been to the downtown wate:slde motel, then
you've been to John's most resent deSign
It's a
14
719-roQw faCility
And, you know, he ca~ spee~ to
15
16
17
18
the quality or lC
~~d with tnat, we'll tu~n to the Boa:d, and
I'll Just aSslst him
John --
ME', GILDER5LEEV2
Before Mr Nicnols spea~s,
19
any questions for Mr Gen::l~g?
20
MS MQ S:J\.J.\J
Yean, I have one
Could you tell
21
me 1f your agceemenc wlth tne Ma==lott has been
22
23
24
25
SOlldifled? Because at one Clme I saw a weetlng
before the coro~lsslon whe=e .it nad not
?-...DC, lOu
~no~, 15 lt gOing to be a Ma::rloCt?
M:2 Gc2RINC
we tad -- M: Mulcon appea:ec
LA~!~?S' CEOIC~, INC
50
1
v-1tr, LtS
Ma~r1ott has -- lS in ag~e~me~t w1ch tne
2
cev~lopmenc G~OLtP
MaLr10tC 1S 1n a managemenc
J
capaclcy co th1S opeLatlng ent1ty fo:: Marr10tc
4
Internac10nal
MarriOCC lS cu~rently at che pnase or
5
we'~e in of ~eV1ewlnG t~e plans
John wo::~s closely
6
Wlth their staff
~e sent all thel~ ceslG~s Out
So
7
tae process 1S uncerway
8
And wnen you say 1S 1t Gone? It wlll be done
9
ln che mecnodolor;y of f1nal app:ovals and l~klng
10
contracts wh1Ch are In the future
But che
11
CO~~ltment or Marrlott to Clea~wace::- Beach, II you'~e
12
gOing to mar~y Out co this tefu~ and ChiS as p~oJect
13
slte, yes, thac has occl.lrrec
There is -- chat
14
ag~eeme~t lS 1n place
15
The comp~exlty of it. I think Jonn cole me cne
16
story that the downtown hocel, MaLrlotc 20sc actually
17
owned It
Ma~rlott Inte::-natlonal opeLated lt
.~nc
18
uncll they were about to open cne door, they actually
19
didn't nave to make the
:Ilnal
manageme~t ag::eement
20
inked because tney were
~ - 1 1 1
~L.___
a:GUlDG ove= wno palC
21
for what and who Got what
22
So In the co~ple^lty of tile bUSlness
23
relationships,
l~.- --
L. ~ C,.ll
ongOlng p=ocess
But
thE
24
commicment of Ma~~loCt to be here lS affirmative, anc
25
tne CO~~ltmenc ln the cevelo9me~t aG~ee~enc lS t~at
LA~!~RS' CHOIC~, INC
r:: .
.J 1
1
we m~st have an ln~ernatLonal flag
50 lf fo:- some
2
~eason che~~ we::e any conclClons a:: chan~e, they're
3
only enllStlnq of seven 0:- el~hc maJor flags that the
4
Clty would find accepta~le unde~ tblS defln~Cion
So
c:,
we':-e talklng Ma:-:-lott Elgnlande:-
6
Tne quesclon was as~ec
Is everythlng agreed
7
to? ~~d ln ~hat meetlng you made lC see~, and I had
s
to a:1Si,..re:::- 1 t
Well, of cou.cse
It's ln process
We
9
need another approvec proJect oefo:-e we have an
10
approval a fully approved agreement
11
3ut It 15 underway and Ma::-:::-lott Internatlonal
12
lS co~mlttec to cne P:-OJ8ct
13
M5 MO RPJ\j
Okay
Is the process at a pOlnt
14
now whe:e -- whe:-e It stlll could not be a Ma:-:-loct?
15
~rt GE~RING The deslgn app:::-oval, I thln~ wne~
16
ou::- development partner, Jay, was quoted in the paper
17
as saYlng
T~ey get to (lnaudlble) door knoos
In
18
tnat process, tne:e's a whole app:-oval cycle In a
19
bUSlness relationship A~d I thlnK that each of
20
those were e^hausted
21
Tney're -- you're Dot at the flnal-ln~ed
22
document:
At the same tlme we have secu:-ed the
23
archltect that Marrlott liKes to wor~ wltD
we are
24
ln the p::-ocess wlth them
So as fa:- as I'~
2S
concerned, yes, when you say lS ehe:e any potent~al,
LAWY~RS' C~O!CE, INC
S2
1
wlll the sun ~15e tomorrow? wlll Clea~waLer
I
2
mean the process of puttlng thlS In place, I th.lnk,
3
15 a ve::.-y afflrmatlVe scep
Ane tne agreements that
4
It takes are IlteLally m~~~oth In scale
5
The atto=neys a=e currently worklng on l[
6
because the=e we=e pacKets of documents ll~e YOu have
7
ne=e only four or flve tlmes hlqhe~ tnat aLe In
8
p::-ocess
fuld wneneve~ ehey get all those cone -~ I
C
-/
thlDK they don't enter that task unless they really
10
are commltted to the proJect
They're In lt
11
They're deep In It
TheY'Le In deslgn renew, and I
12
tDlnk that's an afflrmatlVe step
13
But, yes, we have Ma::.-rlott
Mar~.!...ott. has
14
authorlzed to use Marrloct We are In an eAcluslve
is
relatlonshlp co Ma~LlOtt We're bound co
16
Ma::-Llott'S bounc to us and we're bound to them
So I
17
tnln~ tnat's pretty b1ndlng, but the~e's stlll a lac
18
to do
19
MR GILD:::?.SL22VE
~~y other ~UeStlOns fo~
20
M::.- Genrlng?
21
MR NICHOLS
Good afternoon
Jonn Nl.chols of
22
Nlcnols (lnauclDle) and A~chltects and based In Cocal
23
Gables
I'm very happy to De he~e
I Will cell yOU
24
cnat Ma::-:lOCC lS very exclted about. tfilS p~ope::.-tf you
2S
saw on (he CO~~lt~ent chey ~ade botn on ene owne::.-shlp
LAw~~RS C,-OIC~, INC
53
1
and management of the wate~slce proJect f~oro downtown
2
3
Tampa
we have ~et ~lcn them nume:ous tlmes
I mean
4
they are as exclted as they can be about revlewlng
5
6
tnese plans and gettlng lDvolved lD th12
They a:e
very pa~clcula:, as you know, about rroentlonlng thelY
7
n~~e on anythlng untll -- so cney'c rather not oe
8
9
10
11
12
13
the~e. So ~lcnard D~yfuss 15 pa~t of tDe p~ocess yOU
r;o tn~ough
We have fortunately -- been fortunate to have
~een lDvolvec lD many, many, wani maJor hotels, tDOSe
ocean-r::-ont noeels that lnvolve urban p~ope~tles
15
ThlS lS an e^cltl~q property the cause of willeh you
are dOlDg lD the Clty and the beach walk aDd
beach-front plan p~ograms
14
16
ThlS bUllclng to be deslqnec, we thlnk, taKes
17
che Sp.lrlt of tnat Beacn By Deslgn and lncorporates
18
19
It almost ldeally lDto a proJect tilat really runs
20
21
22
23
24
2S
home all of the Posltlve aspects of tnat, of the
street that goes along ou~ pa~tlcular phase of
p:ope~ty
As you get LutO tne slte plan ltself, ehe
bottom 15 Gulrvlew D~lve, Coro~aco at the top
~s
R1Charc had mentloned. we have two seve~~5to~1
bu~lcln~s
Baslcally, (lnaudlble) ~ulldlngs that Slt
L~W;~~S' CHOICS, INC
54
1
on top of a seven-story poclum yie~e whlcn has toe
park -- Clty'S yubliC pa~'lng, the p~lvate pa~klnq,
2
3
and the ground floor level of ::-etall
4
we also have, facing [he enti~e ga=aqe =unning
all the way down to Gulfvle~, we nave guest rooms
thae go all the way dow~ the phase because that's
5
6
7
ve=y lmpo~ta~t to yOU and us
Just ma~lng su~e that
8
9
we actlvate these wlth sOmethlng othe~ than a par~lng
st~uctu=e
So chese a=e all of tDe guest rooms
I
10
wlIl snow yOU In a flndlng that pnase four's
11
12
13
14
15
(inaudlble)
A~c phase four lS you= new beach wal~
and the ~ew Gulfvlew d=.ive t~at runs up the front
A~d the q::-ounc floor running all the way across is
also retall IaCllltles as much as we can posslbly get
lnto that -- that area
16
ThlS lS the grounc flooc plan
ThiS lS tne new
17
~each walk and Gu~fvlew at the bottom
All of the
18
pink areas a~e retall areas c~at go all the away
19
ac~oss toe top of lt
we've used as mucn r::-ontage as
20
we pOSSibly can to actiVate tne sldewalk WhlCh lS the
21
type of faclllty tnat you woule ll~e to have
up on Coronado, we do have a drop-off as well
22
23
as a th=ouqn cro~-off that can come tn=ough anc
24
approach f~om eltner slde so that eltne~ the publlC
25
pe~kln~ cen come ln, en~e~, go up lnco tne Iaclllty
LAw?ERS' C~OICE, INC
55
1
as well as che parklng faCllltl~S
2
As staff mentloned, we've also been very
3
ca::-eful Wltn the se~vlce of tDe faclllty to go all
4
tne way th~ough tDe propertj back lTI so lt's totally
J
sc=eenec f~om tDe road
we'=e not openlng any
6
cumpste~s 0= anytnlng llke [nat onto tDe ~oac
The
7
truc~ can pull In under~eath ou~ oUlldlng, back In
s
and drlve back Out of tDe prope=ty
So It would
9
contalD all of tnat actlVlty on the lnSlde
10
There a=e meetl~g spaces
ApprOXlmately 4600
11
squa::e feet of meetlng space and a mee~lng room
12
faClllty here as well as all of the retall
13
(lnaudl~le) that go tn::ough.
14
On the second f100= of the faClllty you start
15
to see the ga~age up aere whlcn lS to be maskec by
16
to be ::etall or (lDaudlble) that are on the seconc
17
floor tnet face Gulfvlew
T~ere 15 tile pedestrlan
18
b~.lcge tilat goes ac=oss Gulfvlew when It does sWlng
. Q
lJ
.lD close
20
These red a=eas, these a=e tDe elevators, the
21
PU~llC elevaco~s, ~aslcally, tDat can come from
22
anyoocy pa:klng ln thlS ga=age
A very easy ga=age
23
to maneuve=
(Inaudlble) they can see that
They
24
can COIDe cown, take the elevators ~lgnt to cnlS
25
p01Dt, go across tne brldge, and chey'~e ~lgnc on tne
LAW~E~S' C~OICE. INC
56
1
oeach
So It's exc::-e~elf easy co move back and
2
3
foeth
Tne ~a:age, ~hlch you'::-e sEelng he~e, 1S a
4
tYP1cal floo~ of the 9a~klng ga~age
Three fans of
5
6
7
8
9
10
11
12
double-loaded parklng ramp 1n the cence~ so we don't
have any exposed ramplng, sloplng condltlons on the
oute: wall of cne DUlldlng wnlch we neve: llke to
see
Tne ~amp lS an lnter~al and complete loop
system all t~e waf a~ound
So, agaln, 1e's a ve~y easy d~lve to maneuver
whlCh 1S 1mportant as a publlC gaeage
,ll.nd tnen on
13
tne Gulfvlew Sloe cOffilng all of tne waf across the
f~ont, ane these are feom the gulf (lnaudlble) Vlew,
14
15
15
the ~ooms and Sultes that aCt1vate tD1S e~tlre edge
as you go forwarc
These are tne publlC e1evato=s
17
They come ~lght to those elevato~s, go down and go
stralght to the beach ve~y easl1y
18
M2?, JOr-:NSON
So excuse me one secone
I see
19
you access tnose rooms tnrougn that other e1evato~
20
:lght tnere
21
22
2J
MR NICHOLS
{Inaudlb1e}
24
MR JOHNSON
MR NIC;.-:OLS
M!l" JO:::NSON
That one ~lght cne~e, see?
Ol<ai
So you':e 1n tee g~ound flooc
23
~ou have a room -- t[11rc f100= Gu1fvlEW
So fOU w111
LAW!~?S' C~OIC2, INC
1
57
go up ~nac elevato~ to chat, and you'll be lD at that
2
corrldo~ the:e on that thlcC floor, and YOu won't
3
have access co the ~a:klng ~a::age
Just access to
4
cne elevato: --
5
M~ NICEOLS
6
That's exactly correct
.sxaccly
correcc
)\l'1C has tnel~ own hotel elevators tne::-e
7
There at cne yellow lS a cor=ldoc, and the elevators
8
where the publlc elevato~s open to the garage depoe
Q
-'
lS the lnternal sectLoD
So they nevec c:oss back
10
and fo~th through the~e
11
But the good pare .lS you'c. cowe stralghc to the
12
elevators of the publlc, go =lgnt cown co the second
13
floor or ~~ound flooc
14
ac=oss co tne beach
15
MS PETERSON
16
2lthe~ ODe can go st=algnt
Are the SCalYS open to the hocel
and garage (lnaudlble)?
17
lV!R NICHOLS
Me: PET2RSON
---
MR NICHOLS
MS PETERSON
M~ NICEOLS
MS PETE?,SON
MR NICHOLS
18
19
20
21
22
23
24
Excuse me?
I can't really see
These stalYS?
A~e tnose stal~S?
These are flre stal::S
~~d how co tnose (lnaucl~le)?
They go st=algnt cown co tfie
bottom, ana they eXlC stralght to the outslce
lr"'1Qse
25
Il::-e scal=S or1ly
Thls whole t~lng
LftW~~RS' C~OICE, INC
58
1
~s PETERSON
(Inaudl~le)
2
MR NIChOLS
As you go on up co tDe coot of
3
the par~lng SLructu~e, these a::e (he hoeel guest
4
rooms that go down boen sldes
Across t~e back tnere
5
lS a t~ree-sto~y stcuctu:e whlCD has a healeD clu~
6
that opens out to thlS pool deck
Very p~ect1
7
landscaped pool decK
A pool tDat wlll c~op at It'S
8
edge wlth a Iltt12 lnrlnlty edge plece ehac's qoes
c
~
ac~oss
10
And then we set the bUlldlnqs bac~ f~cm the
11
ecge -~ a dlstance of about 2S feec back to the ecge
12
of ehe bUlldlnq across there
Thece's a ter~ace tnat
13
goes all the way across t~e front, and chose terraces
14
are used for tne pool/grlll facllltles (lnaud~ble)
15
across the wnole edge of the faclllty
16
Tnese elevatocs also wor~ ~- these publlc
17
elevacors work fo~ t~e hotel wnere anybody caG come
18
out across t~e pool deck to these elevators, go down,
19
go to the beach bacK and fortn ~lt~out go~ng cnrough
20
the gust of the hotel
21
A tYPlca~ floor plan of the bU.llclng, ehe tWO
22
tall bUllclngs, they a=e ove::- seven-story bulldlngs
23
on each slde of the th~ee-story bUlldlng thac goes
24
across
25
O~ce you get off the uppe~ floors, th2~e a~e
L~W!ERS' C~OIC~, INC
59
1
Just two slmple rectan~ula: towe~s so that the ll~hc
2
3
and alr goes all the way th~ou~n ene prope~ty
Ve~y
~mportant
we see these DUlldlnqs 8ack 20 feet from
4
the outslde edGes so we can have complete glass
wlthout (lnaudlole) pulllng down the outer eCGes
fu~d then as ehe bU.lldlng keeps qOlng up, yOU
5
6
7
8
9
saw befo~e where lC sat OUt at a~out chls level,
we're ~ulldlng each ee::-race In back away from the
ocean
So It Goes stagge: 8ack from (lnaudlble)
10
In these c~oss Sectlons, YOu can see -- see
11
that stagge~? ThlS lS the
the new oeach wal~
12
There .lS a cove~ed sectlon of It that goes -- o~ a
13
b::ldqe that goes across. takes people GOwn
~nc tnac
14
lS -- these a::e tne Gulfvlew sUltes
The blue lS the
15
16
corr.lGor, and t~e ga~age SltS In oehlnc them so that
tnese go all the way across the f~ont
17
These a::e the p~e~lere ~ooms
Sut, mo::e
18
lmpo::tantly, from complete ocea~slde, people are
looklng at real -- you k~ow, ~eal p::operti chat goes
19
20
21
22
23
up
So lt staggers lts way Dack, comes to tDe pool
ceck, ~t Jumps bac~ agaln, a~d the~ It steps Dac~
tWlce mo~e as lt gees up
So It's a 150 foot poctlcn of the bUllclng
24
Only tTIlS one-storf p12ce rlgGt he~e
Then It d~OP5
25
down about 10 feet, keeps d:opp~~g at LO foot
LAWY2~S' C~OIC2, INC
60
1
lntervals untll It comes cown
2
In the upper (lnaucljle) sec~~on tnlS lS all
3
the publlC area at che base
The garage plece
The
4
pool dec~ that SltS In between
AIld tne:;{' re a
5
~~aceful way to Keep ~ullclng the (lnauclble)
6
pa:-klflg
7
When lt gets to tne archltectural cha:acte=,
8
you can see we've wor~ee ve~y hare at trYlng to ~reak
9
tnlS bUlldlng down lnto step pleces we want to glve
10
lt a very class.ical resldentlal scale of the hotel or
11
of cnat -- that style
We're thlnklng of, agaln, the
12
very classlcal elements of f=ee-casc base, stucco,
13
ca=rel tlle across the upper sectlon and movlng lC up
14
and down, even stepplng back above tne pOdllli~.
15
stepplng back the upper sectlon where che hea~tn spa
16
15 tneC goes ac=oss
17
A~C f~orn the Gulrvlew Slde, agaln, tnlS lS the
18
precornlnate plane tfiat ~oes across
These blll1dlfH;;S
20
are stepped. back, and t:1.ey step bad~ fu:-t.r"'1er ane
Iu::-C:l.e::- and fu-et.ne:- to tne open cou::t
These a::e all 1:nese ::ooms "thac face dl:ectly
19
21
22
towa::cs the -- towarc "the ocean
,
Tnere -!..s the
23
covered beach~walK sectlon that goes across and cne
24
bClcge that comes ac::-oss
All of tnlS lS almed at,
25
~eally, trYlng co pcocuce a Ve~y resldenclally scalec
LAw~~~S' C~OIC~, INC
61
1
proJect
2
I know th1s 1S extremely Impo~tant to you
3
~~ytlme you deal wlth an SOO-car ga~age, tnat can be
4
a blg faCIlIty
3ut we've worked very nard to mask
5
1t very carefully WIth good a~chltectu~al elements
6
and a::-chItectucal featu~es
So I thInk I WOuld stO~
7
at thIS pOlnt and ::eally open up to questions
8
M~ GILDERSL~Ev~
l'\ny questlons7
9
MS MO RJ..N
Yeah, I have one
Could you go
10
oack to -- I tnln~ lt was about your seco~d plcture
11
chat showed the f~ont of the bUlldl~g on Gultvlew
12
ME NICHOLS
Tn~s IS the f::-ont of the bUIldIng
13
tnat draws (l~audlble) the floo::- plan?
14
MS MO ?J..l\f
rean, but It was one -- no
It
1 ,-
_J
was -- no
It was oefore tnae, and It was --
16
UNIDENTIFI2D MALE VOICE
Is It the elevatIon?
17
MR NICEOLS
Was tnat the floor plan?
18
MS !VI 0 R..Jl....l\J
Yeah
Mo~e -- more -- I thlnk Ie
1 a
---
was more In elevatlon
20
MR NICC::OLS
Or the cross-sectIon t~~ou~n?
21
The cross seCtIon?
24
MS MO RA1\f
MR NICC::OLS
MS MO ?,-Il..l\f
MR NIC:;-:OLS
NO,
1 ....
_1-
1rJas
la:-ge~
22
23
Whac aD00t that one?
No
2,-
")
{InClca tlng
LAw!~RS' C~OIC~, INC
1
MS iYfO ;:z.~_1\J
62
No
2
UNID2NTIFIED ~~LE vOICE
we're almost chere
3
MR GE::RING
4
deck ;,vicn t',:'1e --
5
MS MORJ...l\f
,.-
o
MR GE::RING
MS MO SJ"j\j
MR NICHOLS
MS MO R=\N
r4R GEHrUNG
MS 1"10 RJl,J\f
7
8
9
10
11
12
afte: thac one
TnlS is the one o~ the par~ln~
NO
retail
No
It was cne par~lng lot?
It was the one --
Is t~at the ground floor?
It was elcner rlgnt befo~e or rl~hc
13
~R NICHOLS The g::ound floor plan/
14
MS MOR~ Be thac one would do lC, pro~a~ly
15
M~ NICnOLS O~ay
16
[>JI S MO ?J...L'\J
Yeah
One of tne t~lnGs
Ol<ay
17
you're askln~ fo~ is zero seebacK
18
ME NIC:-:OLS
19
filS MOP~\l\f
That's coryect
Can you show me
0::- wnac -~ l[
20
you're walklng along in front, or drlV.ing along l~
21
f::-ont, what would one see? Because tne::-e l5 no
22
setback
23
MR JOrlNSON
24
n.or-ch L~ac
2S
l.t says h.e~e
Is there a ze::-o secoaCK on cha~
you'~e aSking for 2e::-o from the noren
Lp~~ERS' ChOIC~, INC
63
1
iVIS MO P,p.]\f
All the way around
2
l"IR JOHNSON
Sue you've got a drlve~ay ene~e
3
Isn't thae a Cr1VeWay?
4
MR NICHOLS
The bUlldlng, lt'S ovec tfiat
5
d~lve so tnae le's an 1nternal d=lve --
6
lV!R JOENSON
On
7
MR
NICHOLS
undecneath che bUllclng so
. ....
J... L.
8
covers all c~e surface areas
9
MR GEr-~RING
TnlS lS (lnaudlble)
10
MS MQRJ...N
No
I tnlnk It's tnls one he~e
11
whe~e I see trees
12
MR NICHOLS
Ace you looklnq at what lt looks
13
llke on tDe slce versus
14
MS MORJ...N
TnlS 15 Gulfvlew, =lght?
15
M::\ NICEOLS
TnlS 15 Gulfvlew ::lght there,
16
co::-rect.
17
MS [VlO~Zlj\J
whe~e the trees --
18
M~ JOENSON
Oh, yeah
~ld that wlll be che
19
walk
20
M:1. NICHOLS
-- t~ees ane car~f lt all the way
21
back cow~ co both sldes
.~ld trren GulrvlEw 15 the
22
se::-pentlne-shaped ~oad chac runs all e~e waf en~ough
23
tIUS
Tnere .1$ zero secnack at tD1S pOlnt, aDd t~ere
24
13 the covered (lnauclble) that comes out t~aL covers
25
pa=t of the oeaeh oaekground p::-og=am -- the way that
LAw!G~S' C~OICE, INC
64
1
works all tne waf accoss cnere -- and then we nave
2
dedlcaeec 10 feee
3
4
5
6
[/I S [II 0 R]l.J\[
So wne~e coes the bUlldl~g on
Gulfvlew actually begln?
8
M?. NIC20LS
MS M 0 R..:'.N
MR NIC::OLS
MS MOR.'::'j\J
MR NICHOLS
That pace ~.lght the~e
?'lght tnere?
7
R 19rd: tnere
Okay
9
That's the retall f~onts, and le
10
all traces Ylght on to tue beacn wal~
The beach
11
walk lS 35 feee wlce f~om ttose stoce fronts out to
12
the edge, ane the~e lS a provlslon fo: cove~ee pleces
14
of that Just to cover for people that could Slt out
tnere and knock off tables and thlngs tnat go all the
13
15
way ac:::oss
16
17
18
MR JOHNSON
SayS 35 feet
From here to the
wall?
MR NIChOLS
Th.lS room .lS probablf lS-by-30
19
feet, cor~ect
Just proDa.oly
Just sllgntly wlce~
20
than ehls room, 35 feet
T~at'S Just the paJlng
21
su:c-face
22
MR JO.r:NSON
Tnat's JuSt tne pa.vlng surface
23
MR NICr-::OLS
Just tne pave~ent on all of the
24
landsca:;nng
~ll of tn~s lS ext:::emely o:oad as It
25
goes all che Waj across
L?W-~t:?~S' C::01C::, INC
65
1
MR GEn?ING
Tne rec 15 (ne p=ome~ade
2
MR NICHOLS
Yeah, yOu go red 15 the -- 15 the
3
promenade
That's the 3S feet
AI.d then all of thlS
4
15 ve::-y neavy lancscap.ing
~nc the roadway,
5
actually, 15 way out ne=e by the Dlke bath, cne road
6
15, In add~tlon to the 35 feet
And there was some
7
small areas of par~lng thae were burled lnto tne
8
lancscape
Thls 1S tne pa=t of the 2each-ay-Deslgn
9
p=ogram
10
M~ STONE
Also, M= Graham -- if I could
11
comment on the zero setback co~ponenc of the slte
12
plan, anG thlS 15 gOlng way baCK to when we were
13
conslde=lng t2e COIT~unlty development CaGe, that
14
there were two d~strlcts that we a~tlclpated and a
15
nlliuber of Ci=Cumsta~ces would in fact have ze=o
1 ,-
_c
set~acks
The GEO's g~oup downtown C1StriCt fo=
17
tour.lSCS C1Strict
18
So If yOU look at the tourlst Clst=lCt and fOU
19
looked at all tDe fleAlole uses, every single
20
fle^l~le use has tne option, pernaps, of gOing
21
tn=ough an lnflll process of gOing to zero on all
22
four sides And there a:e fou= standards tnat
23
add=ess tnec c~rcUmscance
24
Let ~e =ead lt to you =eal GUlck
The Il=SC
2S
was
~educt~on ln the f~onc Setback cont~lbutes to
LAw~~PS' C,-01eE, 1NC
66
1
more aC~lVe and cynamlc stLeec lighclnq
You know,
2
anc second
Reductlon of the f~ont setback resulced
3
In approvec Slte plan chrough deslg~ impa1rments
4
See, the recucc10n In Slce ~ear set~ack coes not
r::
~
prevent access eo tbe rear of any ~ulldlng by
6
emergency ven1cles ane, B, recucc10n Slte ~ea::-
7
seeback resulting lD lnc::eased Sice plan, more
8
eff1Cient parklng and lmproved (lnauclDle)
9
A~d t~e ~eason tnat 1S In every slngle use lS
10
necause, JUSt like we have on No=th ~andalay, thiS
11
st=lP along SOUCTI Gulfvlew is antlclpated to
12
accoIT~odate common-law conSCrUC(lon and to 8rlng
13
thae
those bU1ldlng f=onts out to the pecesc::ian
14
a=ea so that we nave tnat 80=e accu::ate street
15
Scal1ng anc screet llghts
So thls lS noc an
16
extraord1nary Cl=Clliustance comprlsed oy us Th1S lS
17
exac~ly where we anclcLpaced thlS parclcula~ ~eport
18
(.lnaUdlble)
19
~s MO~E
Well, che reason I ask lS because
20
on South Beach we have a new -- some new const~uCClon
21
gOing on of a ga~age chae -- wich no setbac~s
Me
22
~t'S ugly
23
UNIDENTI?IED MALE VOIC~
That's wny
24
M~ STON2
Also prececEa ChiS cace
25
MS MOP~E
I know
I ~now
Eut tnat's why I
LAwY2RS' C~OICc, INC
67
1
2
was address~ng tfilS ~ecause -- and I understand
havLng a setbac~ ~s a luxury chat we p~obably can'e
3
have anymore on cne oeacn
3ut I thln~ II lC'S,
4
quote -- I tnln~ you used the term mask, and If lC'S
5
ascetlcally present, tuen I thln~ lt's acceptaDle
6
M~ NICEOLS
I tnlnk thae's why we wo:ked so
7
nard
These a=e all hotel quest rooms and sUltes
8
9
These are balconles
These are (lnauclble), and
llgnts come on at nlght
People ln there
Feople
10
Slttlng on the balcoDles ove=looklng the ocean
Md
11
down on tDe ground floo~, that's all retall fronts
12
tnat open out to the pedestrlan oeach walk
13
14
is
So the entl~e thlng you see, t~at's wnat you
see
The ga~age lS behlnd chat
So It'S extremely
lmportant to glve that entl::e facade a very st~ong
16
a=tlculatlon and aCtlvatlon wlth ~eal uses all across
17
18
willcn lS what we dld
We dle not do that on both slces because ie's
19
ant~clpatl~g that the::e a~e future developments, as
Rlcna::-c showed YOu, the prope:ty to tDe no~th. tDe
p~ope~ty co the south, that almost aOuts the east
QUe you want the contl~uoUS actlvlCy of thls beacn
wal~ to COntlnue all tne way down to the e~c
20
21
22
23
24
MS MO~~~
~opefully, lC wlll te con[a~lOuS
25
MR NIC~OLS
I would thl~K so
If yOu sta~ted
LA\~[sRS' C~OIC~, INC
68
1
off strongly Wlth a ~lC~ sta~t ll~e tnls, It would
2
help It a lot
3
MS ?ETERSON
~Ow wlll cars, or wlll cars be
4
5
6
able to access the hotel f~om Gulfvlew? 3ecause
they're gOlng to -- you know what? There WO~'t be a
drop-off pOlnt whe~e they wlll be able to go off that
7
S 1 ee?
8
9
MR NICEOLS
NO
Ther~ lS -- enere lS no rea~
drop off
The:e lS a -- the roaeway coes go th::-ougn
10
underneath the bUl1dlng
I thlnk there wlll be a
11
rlght-nane lane out condltlon botn In a~d out at tnlS
12
13
edc;e
fuid we thougnt It was lmpo~tant eo let tnls go
througn Juse to let people move around tnls olock
14
ve~sus to do It all In one dl~ectlo~
Wlth
15
16
17
(lnaUClblel stlll up, thac ehe Clty declded tnat's
w'nat they want
MS PETERSON But chat's my GuesClon
18
MR NICHOLS But rlght now ~e ~-
19
MS. PETERSON
Trylng to make It lnto a mo~e
21
pedest::lan frlendly wal~~ay, and we've gOt ca~s stuck
across over here
20
22
M~ NICHOLS Correct
23
24
25
MS P~TE~SON That m~ght be a Slt2 for us eo
remember
MR NICHOLS
?art of cnlS whole c::lve lD t02
LAw-!E~S' CnOIC:::, INC
69
1
serpenClne nature of It and the trafflc-comln~ devlce
2
In slowlng trafflc down and allowln~ the traffic,
3
~eally, to come ln anc come fcom benlnd, pa~k In L~e
4
faCility 0= come out, walK th~ouqh tne beach and
5
never even nave co get out here
6
It was mucn 2aSle: co, you Know, get In cne
7
gacage In tPlS fashlon
Plus the:e are Sidewalks
8
that go all the way tn~ouqn underneath ~ere co walk
Q
J
to one Slde to tne other
10
MS PETERSON
WlIl tne City
conslCerlng tne
11
fact that they're qOing to be Done arches, we have a
12
5lqn
the Clty has a Slgn lssue Orlnglng people on
. 1
lJ
anc off of Co~onadol
14
M~ NICHOLS
Oh, yeah, absolutely
Very
15
lmportant to any of these garages chat a~e bUllt
16
wltn.ln a publlC priVate faClllty 15 a slgn that cal~s
1 -
- I
about publlC pa::-~lng, anc I belleve pact of the
18
9~og::-am wlll work Wlcn t~e Clty and Pu~llc works to
19
make su::-e tnat leads (inauclble)
20
MS PETERSON
My othe:: Gues(.lon was, and I
21
can't
dle you say there was qOlng to be an elde~
22
cafe or a beach-slde cafe O~ so~ethl~gl
23
MR NIC~OLS
Beach slde
I mean tnef're rlght
24
here at ground openlnq on to the slcewalY
~2C ~lgnt
2S
on the second floor above ChlS, we have tWO places
LAw~~RS' CHOIC~, INC
70
1
tnat coule very well be e cafe. lS on the second
2
level ope~ed out to where .it would be -- tile
3
pedestrlan brld~e goes across
4
MS PETERSON
Does that open up to the pert
5
that gets cove~ed?
6
MR. NIC~OL5
It's ell
all of tne actuel
7
~estau::ant faCl~ltleS are unde:: covec
Ie's unde~
8
tne edge of the bUllelng
There lS the roof of
9
the -- of the (lnaudlble) below WhlCh lS almost a
10
pa~t of the pedeStrlan b:ldge that you could open out
11
cnto It and klilC of ~ave outdoor tables and cnal~S
12
Although, somethlng llke that (lnaudlble) JuSt as you
13
COuld on the lower level. WhlCD lS wnat you want
14
Now I thlnk you'd want [nat actl~lty, Wh1Ch 15
1S
ve~y ve::-y illce, that would be underneatD the ~eads of
. ,-
10
the palm t~ees that go all tne way out to tDe
17
(lnaudlble)
18
MR GEH~ING
(Inaudlble) In dlScusslon ove~
19
(lnauGlole) tne klnds of destlnatlOns we'd llke to
20
nave on Clea~wate: Beach
A2C Ylght now, ln fact. ln
21
t~e evenlngs, there lS no actlvltleS
22
So someone holds an event 0: the::-e's sometnlnr;
23
to be held today, you people walK out and yOU go what
24
do I do he:e? 50 we'~e actlvely looklng at twO to
2S
th~ee destlDatlon quallti food facllltleS and
LA~EPS' CtlOIC~, INC
71
1
ene~~~zlng Dlgnc thlngs so when ehe sun sees It's noc
2
ehe end of everj~hlng
3
MS ?ETERSON
Bue whj Goes It have co be
4
Marrlotc aDC not Just restaurants (lnaudl~le)?
5
M~ GEE~ING
Some wlll
Tney have chel:
6
7
8
9
own -- tnel~ own, Dut usually -- now tne:e's a lot of
Lntegraclon of quality product --
MR NICHOLS
Mar~lott would have one of them
10
on tDe ground, and there would be tDe othe~ one,
eAcuse ~e, on tDe second floor o~ the g~ound
11
12
MR GILDERSLE~VE
A~y other questlons of
Mr Nlcnols or Mr Gehrlng?
13
Just from a procedural scandpolDc, and I know
14
Mr SchlIf wa~ts to c~oss-exa~lne tnese gentlemen
15
othe~ gentle~en
Is le approprlate that the
16
opponents nere do a presentatlOn p::-lor to (nat oc
17
MS AKIN I mean tne rules that are set up say
18
thae all presentatlons are done fl::st a~d the~ you
19
nave cross-examlnatlon
But If you wlsh to allow
20
CtoSS-examlnatlOn now lnsteac of afte:: the
21
pcesencatlon, that would be up to tDe goa~c
22
MP GILD~RSL~Ev~
I'm Just t~Ylng chlnk of
23
what's the most efflclent way to do ChlS
24
MP SCnIF~
Ou~ cequest wOuld be to co
25
c::-oss-e^a~l~at.lOn now
Fnc then once our Wlcness a~e
LA~lERS' C~OIC~. INC
72
1
put on ane tney have so~e c~oss-~^amlnaClon of ouy
2
3
4
w~enesses, then ~t ~~ll be approp~~ate
In eacn
case, I thlnk we should have an oppOrtunlty to
5
present
M? GIL02RSLEEVE
Do eltney of you have a
6
fo~~al p~esentatlon?
7
MR SCHI??
Yes, we do. 8Bd acco~dln~ to my
8
watch, we're almost flfty mlnutes lnto tHe
9
appl~cant's presentaelon
And I thlDk we'~e gOlng to
10
11
need equal tlme, YOu know, fo~ our p::-esentatlOn
MS PETSRSON
M~ ChalY, we need to maKe a
12
13
~otlon to (lnaudlble)
MR SCHIFF'
(Inaudlble) some pOlnt to know
14
whethe::- or Dot there's been on the recognltlOn of au::
15
pa..':"t:{ status
M~ GILD2?,.SLEE:VE
Okay
PYlOr motlon?
16
17
MS PETERSON
'!es, SlY
18
[VI?,. GILO:::S.SLEEVE:
Is tnere a mot.lon to toat?
19
20
MS PETERSON
I wlII move that we recognlze
21
?,lC hard
MS ;'.KIN
(InaudlDle) Markopoulos (lnauclolel
22
MS ?'::'TE:RSON
We get tne partleS (lnaudlble)
23
MF GILDE?SLEEV:::
Second?
24
lYiR JOEj\JSON
I'll second
25
ME GILD::,SSLEEV:::
All those lD favoc of the
LN~l:::~S' CSOIC~, INC
73
1
motlon?
2
(The 6oa~d ::-es~onds aye
3
MS A:{IN
I wlll pOlne out thae you don't
4
tYPlcally count tlme whlch you ask questlons and get
5
responses
That's ~art of the appllcant's
6
preSentctlon tlme
I don't know tnat we nave
7
ldentlIled tnae tlIDe
2
MS MOS:::S
Yes
It's DeeD enl~ty mlDutes Dot
9
lDCluGlng GueSClons from
10
ME GILDERSLEEvE
Tnat's about wnat I tnougnt
11
lt was as well too
12
M;\ GEERING
I Just have one Closlng schedule
13
element here whlCh I can
14
r'fR GILDE?,.SLE::::VE
Now, Rlchacd, CDlS lS gOlng
15
to add to your tlme frame
16
M::Z GEH?ING
I know
I knOll'!
But as I <;et
17
back up to ehe screen, II somebody wlll cue me, we
18
a~e on a scnecule of the COmffilSSlOn mandatlng II thei
19
want to dellver ChlS Wlth the ~rld<;e
20
We do have a 65-mllllon-dollar proJect, 40
21
IDllllon on the notel, aDout 10 restau~ant/~etal1
22
:lfteen ln garage, and then plus -- plus the total
- 1
~~
lmp:::-ovefilents
cY P:::-lOClC1Z1Dq che <;a:age, the whole
24
thlnc was on CDe tax :oll WhlCh lS, I tn~n~, .is an
25
affl=matl~e actloD
LA~!:::?S' C~OICE, 1NC
74
1
2
So we ~av~ a neavy tC^ roll
A good portlon of
that goes to tne elL!, ane 1C wlll also nave a
3
courlst development -- T3T
Tourlst bed taxes and
5
the utlllty taxes, and aDoue 300 Jobs and ch~ee
Shlfts
4
6
7
8
9
Mr Klmpton YOu met
I'm he~e as the ;~lme
lnterest on the developwent plannlng and pCOg~fu~ fo~
toe pcoJect
M~ ~oOver lS on cO~StCuctlon
valvlsta, a ~roup, lS a develope~ out of Tam~a
10
Sarasota 15 gOln~ to bulld an entlty
3~lan Multon,
11
Internatlonal, Ma~~lott Intecnat1onal, and the arch
12
on the local o~e:ator
13
Englneerlng lS gOlng tn::ouqn Klng Englnee::log
14
whlCh lS avallable tocay, but we-are not gOlng to go
15
lnto detall
You can ask speclI1c ~uestlons
Legal
16
flowlng from bot~ Klmpton and BurKe, Whlte, ane Ann1S
17
Mltcnell on tnat Slee
And Me T::app (phonetlc), the
18
publlC par~ln~, nas oeen our par~lng analyst fo::-
19
20
pUDllc pa~Klng owns -- or manages and operates tne
21
TIA garage at tDe lnternat10nal al::port
We Dave a lot of experlence, and I tnln~ the
22
lssues here a~e toe ~uallty of cne p~oJect thac can
23
be dellve~ed Cnat actlvate tne waterfroncs fo~ both
24
u~~an and tOU:lsm actlvltles
Ane we c::-eate some
2S
world-class cesClnatlons tnat we tnlnk we woulc ll~e
LAw{~~S' CEOIC~, INC
75
1
co ~rlng (hose talents co
hro..::L~
~c.........._
1n (fnS
pa.ctlcula:-
2
prOJect
3
Tne resolutlon formac, In my unaerscanc1ng OI
4
It f~om the Clty cCtorneys, 15 che adopt1on of stafI
5
15 wO~~lng to complete the developmenc ag:-eemenc 1n
6
franc of you Tne econO~lC terms a:-e probably CDe
7
only elements thae a:-e st1ll In some ClSCUSSlon
8
p01ntS
The commlSSlon had a p::esentatlon on the
9
fl:'Sc of "[nose
There was a second nea~lng on the
10
15th alon~ che Beach 3y Deslgn's acoptlon
11
Th1S 1S your publ1C hea~l~g on YOU::-
12
.cecommendat1on, che 20tn, and then tnlS f~nal pUDI1C
13
hea=lng on Marc~ 1st
So wlth chat, we do have a
14
(lnaudlDle) slte plan traffle uClllty expe:-c
15
avallable on the englneerlnq slce lf fOU wlsn co
16
dlscuss tnose pOlnts
Ane we would ]USC llKe to say
17
than~ you, Clearwate:-
I thln~ tnls lS an
18
our.scandlno; oppo=cunlty', and \~E J.4ant to be 111 a
st.conc; catalytlc p:-oJect
MR GILDERSL':::;::VE Thank you, Mr Gen:::-lng
"[f'll S t lIne !.4na t tne C'nal: woulc 11 '-<.e to do lS to
~.t.
19
20
21
22
lnvlte M~ Schlff and hlS folks lf they'd llke co
23
C YO 5 S - exam~:-le
We'~l co that for a few m1nuces
I
24
want to Just enCOurage tnat we have a ve~y ~USlness
25
agenda today
If we COU~C De, you Know, as susta~nec
L~1fr'!E?~S 1 CHOIe::::, INC
1
2
3
4
5
6
7
8
9
10
76
and brlef as we can
At the end of thae perlod, I would llke to have
a recess befo=e YOu actually ~a~e a fo~~al
p~esentatlOn
M?. SC:r-:I?F
So lf I hea::d yOU cocrectly, we
should unde:take Ou: cross-examlnatlon now
I gues3
the eaSlest way to do tfilS lS Just to call che
wltrresses whO'Ve spo~en
Mr Nlcholas (SlC) could you come uP?
CROSS-E~IINATION
11 BY MR SCEIFF
12
13
14
15
16
Q Mr Nlcholas, are you an app.cclser?
1>. No, I'm :10t
Q l>.re you an economlst?
A No, I'm noc
Q Have you been tralned lE any [fIarket and
17 research s~llls?
18
19
A
Q
No
You ~entloned In you= presentatlon chat thlS
20 bulldl~q -- and I may be pa::apn::as.ing -- lS l~volvl~~
21 llght and alr?
22
23
24
25
MS MOSES
You need co spea~ lnto tne
~~c::-opnone, Sl.c, because lC'S not qettlnq yOu on
tfle
[VI?' SCEI?F
We =e C=flng to botn use It
L~~:GRS' CEOIC~, INC
77
1
okay
2
MS ~OSSS
You have a safe V01ce
If you
3
coulc speaK up --
4
M~ SCEIFr
Well, I wOulc ~e qlad co spea~
~
~
MS MOSeS
-- I would app~eclate It
6
MR SCEI?F I'll De qlad to speak up
7
MS MOSES TnanK you
8 B~ MR seEI::
9 Q Isn't lt a fact that the oase of tne bulldlng
10 1S approxlmately an S5-foot-tall mass from sldellne to
11 sldeline?
12
A
That's co::rect
I belleve (lnaudiole)
13
Q
Okay
So that -- and then yOU would ralse It
14 even h1gher a~ove the flood level poteDtlally, mayne, 90
15 feet, 9S feec (lnaud1~le) 9S-foot ~ox sldellne to Sidellne
16 as the base of the bUllclng predominant (lnaudlble)?
17
A
No, not qUite chat Dlgh
We would meet the
18
mlnl~um flooc facto~
It's only a few feet above wilar's
19 out there right new
20
Q
So wlth a 90 -- 85 or 90 foot box s.ldell~e to
21 sldellne, there's no l.lght 0::- alr gOlng cnrough tfiat box
22 lS tne~e?
23
A
Not ehrough that Ql:ecelcn, correcc
24
Q
A~e fOU aware of the 3eaCD Bj Deslgn'~
2S stancards?
LAW~~rtS' C~OIC~, INC
2
78
1
A
Yes, I am
Q
A:e you aware of -- and I'll snow enLS to you
3 It's on page 2, and ltS eneltled Gulfvlew/Coyonado ~otel
4 Recall ane Redevelopment, and we'll ask at tne end thac
5
Beach By Deslgn
we ta~e Jud~clal ~otlce that lt come
6 lnto tne record as an exhlblt
7
Woule you read the lase sentence beglnnlng wlcn
8 the deslgn of DUllclDgS, please, fay ~e
a
~
A
Yeah
thlS area
The deslgn of bUlld.ings
10 shall allow gceace::- nelght wDlle malntalDlng (lnaudlble)
11 at pedeSCYlan level, and malntalPlng llght, alY, and Vlew
12 corrldors
13
Q
Now you're under oatn
Can you tell me, lS
14 your bulldlng malntalnlng the eXlStlng llght, al:, and
is Vlew coyrldors lncludlng Thl::-d Street?
16
17
A
Yes, It lS, In te::-~s of the gUldance from tnese
type of restr1ctlODS
Baslcally, What we've done lS DOC
18 bUlld a DUllclng 250 foot helghc that goes all the way up
19 We've ~rOken that down so the bulldlngs a:e lD payallel
20 to~e:s wnere only CDe podlUffi plece, WDlCh lS the retall
21 plece that goes across the base WhlCP lS actually
22 encou:aged, and the par~lng Rask goes ac::-oss tDe uppe:
23 level of tne seven storles WhlCh would co~taln the varlOUS
24 hotel cooms, aye bco~en lDto tower setbac~ and they open
25 down between
LAw~ERS' C~O~Cc, INC
79
1
Lee me as~ tnat agaln
Q
Is che -- che corrlcor
2 tnat currently eXlStS, WhlCh lS Tnlrd Street, lS that
4
5
3 belng malntalned?
A
No, lt lS not
We do have an openlng
tnrough
that goes through f=om slce to slce
It goes
6 througn f~om Coronado all the way tnrou~n to Gulfvlew
7 That lS tne pedestr.ian sldewal~ and where tne crlveways go
9
8 chrough
Q
OKay
Isn't lt a fact that pedest~lans
10 scandlng on Coronaco wlll not have a vlew of tDe beach
11 once thls bUlldlng lS bUllt? T~ey wlll not be a~le co see
12 through tfilS 8S-foot mass sldellne to sld~llne?
13
14
A
That's partlally true
Tney would be able to
see tn~ough the open corrldor
It's about a thl::d-foot
15 wlde slot tnat goes all the way th~ougn Coronado to
16 Gulfvle1rl
17
18
Q
~~d you are not plannlng to ::-eplace Tnl~d
Street, you'::e JUSt eLlmlnatlng It
Is that you~ p=oposed
19 plan?
20
/J..
Th~rd Street lS ellffilnated
f..nd ther-, the
21 st:eet that goes tnrough unde~neath, llke I mentloned lS
22 sllgntly to cne soutn of trrat, goes ch~ough Coronado to
23 CuI f 'flew
24
25
Q
~~d yOU also mentloned In you~ teStl~Ony that
tfilS p::-oposed struccure lS ~eslcentlal ~n t~e scale
Do
LJ..w,::'ERS' CEO ICE , INC
10
80
1 you recall that testlffiOnf? ~lgne no I'd ll~e to know II
2 you recall, and tnen I nave a questlon
3
Yes, I do recall a resldentlal
A
I t~lnk thae's
4 a~chlteccu~al cha:accee
~
Q
Would fOU -- well, maybe fOU need to claYlfy
6
your cesclmony
Is thlS bUlldln~ reS.identlal In scale?
7
A
It lS IDld =lse resldentlal l~ scale, yes
2
Q
O~ay What =eSlCents In Clea::-wate:: do you ~now
9 that lS 85 feet to sldellne to slcellne?
A
I can't clte any examples
But tne overall
11 p::-oJect lS meant to be beoken down lneo pleces so that It
12 ~lves It more reSldentlal scale, ~esldentlal scale
13 openlngs, eeSlcentlal scale wlndows, barrel clle roofs
14 b::-okeD In that fashlon
1S
Q
Scale co meet the Slze
Is thlS che Slze of a
16 res~denClal st=ucture? I don't want to belabo: thlS
17
18
19
pOlDt
Is ehls a rasldent~al scale reductlon here?
~
If you 100\ at tile Gulfvlew elevaclon, lt ve::y
well COuld be a ::-eslcentlal scale structure
?esldentla1
20 .In mlc-rlse he1gnt of constrUCtlOn
21
There's an elght-story bUlldlng that goes
22 across faclng Gulfvlew, anc tnen a seven-sto=y bulldlng
~,
~~
excuse me -- seven searles nlgh
I thlnk thef'~e seven
24 scory pleces tuac SlC baCK up OD cop of It, ~ut che whole
25 slce of that bu.lldlng lS all ~ -- lS a res~cen[lallf
L~~12~S' C~OIC2, INC
81
1 desl~nec type of structuce In te~ms of a multl-famlly
2 ~esldentlal bUlldlng
3
4
5
E
M? SC~I?F
I Just want -- I Just nave a few
questlons fo~ Ms Fle~ce, and a few questlons then
fo~ M: Stone
Ane I'll Just aSK f~om here
CROSS-EXAMINATION
7 8~ M? SCHIFF
2
Q
Ms Flerce, do you -- do you Know wno wrote the
9 staff ~eport on thlS matter?
10
11
12
A
I co
Q
Who partlclpated 1n that?
A
It was a CO~lnatlon of tile plannlng depa=tment
13 team and It'S membe:s
14
1S
l ~
_v
Q
.~~d wno a~e those, please.
A
I oelleve o:lglnally mostly the development
reVlew folks hac a -- had so~e part ln rev1ewlng lt
17 and/or edltlng It or ~eadlng lt lTIcluelng myself,
18 Mr Stene, Ms Ha::den, Me Glbbons and Ms Clai~on
19
Q
Isn't lt a fact there's no ~arket analyst or
20 economlst on the scaff who ~ev1ewed tillS appllcatlon?
21
22
~
I'm not sure of all tue QualltlcatlOns of all
tile othe~ stoff 10 te~~s of whethe: thef have
chey have
23 e~perlence In economlC development matte~s
24
Q
Can you look at nwuber two of youe staff =epo::-t
25 on page 8, and, lf yOU woulc, ~eac the state70ent nUmDe~
LAWYE~S' C~O~CS, INC
82
1 CwO, wnlch I bel1eve 13 an attempc to state what the code
2 c~lterlon 15
4
3
A
Do you want me to read tnls to yOu~
Q
Reac the cr~te~lon ac the top of thac pa~e
5 cne~e
6
A
The development as (lnauclble) development as a
7 Comprehenslve Inflll ~edevelcp~ent P~oJecc w1ll not
8 mater1ally reduce the fal~ market value of tile a~uctlng
9 prope:cles
10
Q
Okay
So thae's the stanca~d enat the staff
11 revlewec the appllcaclon under?
12
A
That 1S the standard chat's requ1rec to ~e
13 ~evlewed In the coce
14
Q
Anc It t~ac were not tDe standard, taat tae
15 staff nave not revlewed unde~ the standard unce~ tae code?
16
a
""
I thlnk generally we h1scorlCally always look
17 at what the -- what the value of the p::ope::ty 15 as 1t
18 currentlJ eXlts and now the p~oposal wlll lmp~ove the
19 value of the property and, the~efoce, In turn, ~er~aps,
20 oenef1t sur~oundlng p::ope~ty values
21
22
23
24
25
Q
A~e you an appralSer?
A
I am not a llcensed appralser
Q
Are yOU a mar~et analysc~
~
~
No
Q
Can yOU ~ame, wTIlle we'~e lTI ChlS quaslJudlClal
LAw~ERS' C~OIC~, INC
83
1 nearlng tecay, any mar~et analyst wno loo~ed at thls
2 C::.lte::-la fo~ the Clty of Clea::~ate~?
3
4
J
A
I can't name any
Q
I'd ll~e you, II you can, to look at Sectlon
2803-C 2 of YOUr code
Do you nave tnat handy? If not, I
6 can p~ovlde It to you
7
8
a
~
10
11
12
13
14
MS AKIN
Would JOU repeat tnat, please
MR SCEIF?
Okay
It's a
It's 2803-C 2
C:lterlon for lnflll cevelopment nwmbe:: two
MS FIE~CE: Could you tell me whether It's a
dlStrlct we':e talklng a~out he~e;
MF SCEIFF
It's your code dlvlSlon unde~ the
Comp~ehenslve Inflll (lnaudlble)
I have an .lnternet
verSlon (lnaudlDle)
15 BY MR SCHI~F
16 Q And also when we ~ead tne provlSlon when you
1 ~
- /
~evlewed t~lS report to us -- wnen you ::-ead that, you
18 revlewed It uncer a stancard of whecher lC would
19 mate~lalli reduce t~e fal:: market value of tile pu~llc
20 propertles
21
Can you tell me wne~e the wore materlally lS In
22 number two of you~ C~lterl0n?
23
24
25
~
n
NO, It's not
Q
Is It the~e?
A
I don't see It 1~ t~e -- In the code ve~Slon
L~W?~RS C~OIC~. INC
1
2
84
Q
So what does the code say?
l>~
The code says everytnlnq I sale e~cept fo~ the
3 word mate~lal
4
Q
So the coce says tDe development of the pa~cel
S and p~oposed fo~ development as a C08prenenslve Inflll
6 Redevelopment ?roJect wlll ~ot ::ecuce the fal::- ma~ket
7 value of the a~uttl~g prope~tles, lS tnat co~::-ect?
8
9
A
Q
That's what I stated
Okay
So that lS a burden of tne appllcant,
10 u~der your code, 15 mea~e to show tnat the proJect w1ll
11 noe reduce the falY ma~ket value of the a~uttlng
12 propertles~ That's thelr -- tnat's tnel~ bureen lsn't It?
13
A
The appllcants are cequl~ed to snow now they
14 adnere to t~e stanca::-ds of tne code
15
Q
And tney, In fact, nave a burden to meet tnose
16 C::lter1a can't they?
17
18
A
If you want to lDterpret 1t that way
Do you kno~ wnet~er Rlcha=d Geh~lng 15 a
Q
19 consultant to the Clty?
20
21
~
I'm unav.[are
Q
Eave you met wltn 2lcna~d Gen~lnq du::lng tne
22 pendency of cnlS appllcatlon?
23
24
l".
On a few occaSlons, yes
Q
Okay
l'..fH:, what, dld tnat In-/olve elSCl.lsslng
2S the Beach By Deslgn?
LAwi~~S' CEOIC~, INC
3
4
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85
1
A
Only lnsofar as how -- as If hlS pcoposal mee
2 the ~equlrements In Beacn By Deslgn
MR SCHI~?
Okay
At ChlS pOlnt I have Just a
few questlons for My Stone
~
CROSS-EXAMINATION
6 3Y ~R SCElrF
Q
Mr Stone, ln orde~ co abcaln a varlance to
5 Slte SetbaCKS, 15 It necessa=y to meet all of the Crlte::-la
9 under the Clty caGe bocn for redevelopments and for the
10 general standards'
11
12
A
I thlnk the C~lcerla lS the~e to unde~stand the
lmpaCt of the p=oposal
I'm not -- I don't lnter~=et that
13 eve~y slngle c~lterla has to ~e expllcltly met .In o~der to
14
support t~e appllCatlon
I thln~ tnere's some balance
15 that's applled In chat rega:c
16 Q If the code were to say that all crlte::la had
17 to be met, YOu would have to follow that wouldn't yOU~
18 A Yes
19
Q
~ou ~enelonec tnec che~e's an opClon unde~
20 Beac~ 3y Deslgn to go to zero feet setbacks on all sldes
21 Is chat gua::anteed for all development?
22
A
The Optlon ~eally lsn't In Beaen 3y Des.ig~
23 The optlon lS In the commun~cy (lnaudl~le)
24
2S
Q
OKay
Is tnat guacanteed for all a~pllCatlO~5?
A
It lS not guaranteed
LAWY~~S' CEOICE, INC
1
86
Q
Does the appllcant nave to meet all appllcaole
2 C~lter1a under CDe coce ln order to :educe SetbacKs in the
3 Clty of Clearwater?
4
5
A
We would nave to accress all of that crlce=la
Q
~~d lf the CaGe says YOu have to meet tne
6 C=lterla, then you woule fol~ow tnat code?
7 A Yes
8 Q You also wentloned that you anelclpated to
Q
~
accommodate co~~on law constrUctlon of proJects
You're
10 famlllar wlch thlS appllcation aren't you?
11
12
A
Yes
Q
Are you famlllar wlth the eight-story parKlng
13 garage that a~uts my cllent's prope:ty?
14
15
16
17
A
Yes
Q
P2d it'S rl~nt to tne sldellne 1S lt not?
h
~
Yes
Q
In order to antlci~ate common~law constructlon,
18 Dave you a~tlclpatec cov~on-Iaw consc::uctlon wlth =especc
19 to my cllent's property?
20
21
A
I chln~ we have, yes
Q
So lf my cllents wanted to ~ulld a hotel
22 adJacent to the pcope:ty Ilne or adJacent to a~
23 as-foot-tall par~ln~ gara~e, would you nave antlClpated
~d
i _
25
tilat?
A
If lt comes to accommocate COM~o~-law
LAW~~~S' C~OIC~. INC
87
1 const~uction
2
J
That's no~ my ~UeStlon
Q
My ~1.lestion lS
':'OU
said you've anticlpated common-law const::UctLon
TillS
4 involves -- ChiS prOJect lDvolves an 8S-foot parklnq
5 ga~aqe lw~edlately ac]acent to my client's pcope:ty
10
5 Elgh~y-flve -- I qean seven stocies of ca~ par~lng
7
':'ou anticipate that we will have a wall of a
8 hotel in t~at touriSt d~st~lCt lmmedlately ad]acenc to
9 that 8S-foot wall?
,"A,.
Th2~e's no way for me to p~oqnostlcate a~out
11 the OptlOn that your client may want to eevelop on hls
12 property, but it's entirely CORman in an uraan dlstrlct
13 like thls one JUSt as .it WOuld ~e In the downtown dlstrlCt
14 to have common-law construction
15 You have hotels l~ downtown dlst~iCtS that a=e
15
bUllt on the lot llnes
You nave office st~uctures and
17 other klncs of structUres tnat qo to tUe loc llnes co tne
18 extent t~aL he, you know, has deslgn cha11en~es as a
19
reSult of tnat klnd of philosophy
They'll Just have to
20 ~e woc~ed a~ounc, ane tuey reveling on (inaudlble)
21
Q
Whe:e In the City of Clea~water lS there an
22 as-reot pa~klnq ga~age adjacent to a common wall of a
23 hocel?
24
2S
A
Off che cop of my neac, I den't know
Q
Eave fOU antlc.lpated any parc.lc~la~ cevelop~enc
L}'JN'!E?S' C!-lOIC=:, INC
88
1 on my cllenc's p~ope:ty?
2
3
A
we nave -- we unGe~stanG tDe two proposals ~nat
he nas brought forward
One of whlch has a very ~l~h wall
4 and wlll be a cowRon-wall con3~~uctlon WleD ene cu~rent
5 appllcatlon
6
Q
Is lL ralY to say thae none of those proposals
7 ace relevant In thlS hear1ng at ehls tlme because no
S appllcaclon lS pendlng befo~2 the Clty of Clea~water for
9 elther 0= any proJects on my cllen~'s prope=ty?
10
11
A
NO, I don't tnlnk lets falr to say
Q
So you ehlDk le's fal= to cODslder my cllent's
12 plans on the 2oa:d WhlCh haven't been Submltted to the
13 Clty of Cle2::water In :evlewlng thlS ~roJecc?
14
15
,
~
I'm posltlve tnat I wasn't conS~Ge::-lng you~
cl1ent's plans
He woulc (lDauclole) Clty ~anager's
16 offlce and complalned abOut It
17
Q
So wnat plans are you conslds=lnq II my clleDt
18 nas no offlclal a~pllcatlon before tne [lty of Clea::water?
19
A
Ones tnat he has presented to tne [ley
20 CO~~lSSlon and as~ed us to (lnaudlble)
21
Q
Is my ellent gua=anteec approval of cnose
22 plans?
23
24
2S
A
No, he's not
Q
I neec to take a step baCK hece cecause I'm Dot
SULe
Is It the polley of the Clty of Clea:wa~e= co
LAw~ERS C~OI[~, INC
9
10
11
89
1 co~slde= appllcatlons w~lch have not bee~ (lnaudlble)?
2
3
A
In wnat =espect?
Q
~
Q
In respect to development of property
4
To conSlcer them ln what respect?
s
To conSlde= them
well, you nave -- we have
6
he~e tocay before thlS 80ard an appllcatlon
That
7 appllcatlon, we've dlscussed wlth Ms Flerce, 15 revlewec
8 In the context of tne C~lterla of your code
You have a staff report that lS to address
whethec -- you Know, add=ess the Crlterla
Anc we have
yOU know, tne appllcant add~esses the CYlCerla
we nave
12 an op~o~tunley to add~ess the c~lte:la and declslons mace
13
~nd my questlon lS
Why ~n the concext of an
14 appllcatlon, WhlCh coes not lnvolve my ellent's p=ope~ty,
15 are you conSlcerlng an u~offlclal deslgn that mayor may
16 not be an ultlroate deslgn o~ someo~e's property wlt~
17 =espect to thlS appllcat.lon?
18
A
It would be Dleve for uS Dot to do that
rlrst
19 of all, It's entlrely common to have that klnd of
20 ClScusslon befo~e we take hls property lD an offlclal or
21 an unofflclal way whethe::- thef submlt an appl.lCa~lOn QC
22 not
23
Secondly, In tillS partlcula= lDstance, It'S Dot
24 llke (ne:e has ~een no CO~uunlCatlO~ ~etween your clle~t
25 anc tne Clty staff as far as a~ythln~ ll~e p~oper(t
LAw!~~S' CEOIC~, INC
90
I
1 S0~mltted to a speelflc developme~c optlcn to us lDcludlng
2 p~eSentaLlons of the Cley C~mmlSSlon afid -- ~ell, unGe~
3 [he extent of develcpln~ archl[eecu~al plans ane
4 elevatlons for us co eonSlce~
5
So I tnln~ It would De almost unp~ofesslonal
6 fo~ us DOL ~o Lake those Lnlngs lnco conSlde=atlon when
7 s0mebodf rlght next doo::- lS comlng In (lnaudlblel
8
9
Q
And wnlcn p~oposal -- yOU Just sale someone
next doo~ lS cO~lng In wlth a pcoposal
whlch pcoposal
10 a~e yOU assl~~lng my ellent's comlng In wlth eo applf In
11 the Cley of Clearwate~ and under wnae process~
12
13
A
Well, he nas submltted two optlons to us so
fa=, and I can't
I can't antlclpate what ne lntends en
14 followlng through wlth
15 Q But none of tDose nave been SuDmlteed unde~ an
16
appllcatlon to tne Clty of Clea~wate~
Those a~e plans
17 t~at have teen dlscussed wlt~ tne staff tnat mayor may
18 not go forward on my cllent's propert~, rl~ht~
19
A
He has not subml[ted tEe fO~Nal appl.lcaclon
20 He has clscussed wltn us the alte~natlve of ceveloplng
21 ceveloplng ag::eemencs WltD tile Clty baseG on what lS hls
22 alte~natlve
23
Q
And none of tnose plans or dlSC0SSl0DS have
24 been memorlallzed lD off.lclal appllcatlons to che ClCY of
25 Clearwater, lS t~at co~~ect?
LAw~ERS' CEOIC~, I~C
1
2
91
P.
Tnat's corcecc.
Q
So none of those plans have any off~clal scaCliS
3 at thls pOlnt? They have not been app~oved nave t~ey?
4
A
They don't nave an offlclal status ln terms of
J belng a~le co pull pe::-~lts, but I thln~ they do have
6
offlclal status
And chey nave been pcoposed co tne Clty,
7 ac a Cley COffiffilsslon ~eetlng, In whlCh a pUDllc nearlng
8 conducted speclIlcally aDout maJor developme~t p::-oposals
9 on the beach.
10
The:e were th~ee
HlS was one of tEem
fuld
11 those are -- I was (lnaudlbl~) ~ovlnr; forwa~c and
12 developlng agree~ents tne~
13
Q
Do chose plans rest~lct my cl.lenc from applylnq
14 fo::- someth~nq else?
13
16
A
Q
No
So ne could apply tomoc~ow for an appllcatlon
17 wltn.in the current zonlnq or unde~, pe:haps, the
18 Beach-By-Deslgn sta~da:cs? Or, perhaps, ne COuld p:opose
19 a hoeel wlch an 8S-foot sheer wall rlght co DlS prope~ty
20 11ne could~'t he?
21
22
A.
That's correct
Q
So enat lS the Current status of hls properLY
23 lsn't lC.? So -~ lSn't It?
24
P".
We have DOC recelved a slte plan appllcaclo~
2S for nlS property
LAW"c:E:RS' C:::O Ie=: , II\IC
92
1
M~ GILDSRSLEEVE
Me SeDlff, I thinK
2
3
~p SCEIFF
Vean
ThlS is vs~y lmportanc as
we cnlnk tniS lSSue -- so yOU know fo~ the ceeo~d, we
4
tnlnK ChiS w~ole lSSue or b:lngln~ lD eVldence on ou~
~
cllent's prope:ty is Dot relevant
And we obJect to
6
7
8
9
it cowln~ in, and we WQulc ask that it not be
conslcered
.~LC you p~obaDly are thinklng the same tnin~
10
Ou~ prOJect lS not ne:e befo~e you, wn2teve~ t~at
proJect may be, ~Ut we ha~e now nac testlffiony 8efoce
11
12
I nad a~ opportunlty to obJect or to cross-examlne by
cotn tne developers' represencatlve anC bi starr on a
13
proJect that has no official status
14
So, for the ceco~c, If you want me Just to move
15
16
on, we'll obJect to any of thac eVldence in the
record we tnln~ is not relevant
We also wanted to
17
18
make sure t~at we sald In the ~eco::c, WhiCh I
tnlnk -- I think ~r Sco~e Das Deen fo:tn~lGnt about,
19
20
that t~e::e is no offlclal status of any cevelopment
on my clle~t's p~ope::ty
So cilat -- all of that
21
l~formatlOn that I Delleve lS ve~i lrrelevant to tfilS
22
23
24
25
p::-oceeclnq
~ou are conSlcerlng appll~aclons unde~
the Cl~i cOGe, and we would JUs~ scand by che
obJecclo~ and move on ae ChiS pOlnt tnae al~ of thae
eVldence co me lS l=rel~vafit
LAw!ERS' CEOIC~, INC
1
2
3
4
~
~
E
7
93
MP GILD2~SLEEV~
Very well
The p01nt I W13h
to make, I tnOught M~ Stone answe::-ec (he queStlon
probably two 0:: chree tlmes, ane I wOuld Ilke us to
move forward
~R SC~IFF
At CfilS pOlDC, I wOuld ll~e (0
call Mr Gehrlnq
CROSS-EXAMINATION
8 Bf MR SCHIFF
9
Q
M~ Gehrlnq, I JUSt wanted to conf1~~, I thln~
10 YOu sald tillS, but It was noc enLl~ely clear to me ac
11
least
You -- lsn't lt a fact tnat at thlS pOlnc there lS
12 no slg~ed agreement wltD Mar~lOLt to bU.Lld the hotel?
13
14
A
~a~rlott 1n thls relatlonshlp 15 an operator
Q
Tnere lS no 81gnec opecaclng agreement
O~ay
15 wlth Mar~lott as we stand here today?
16
A
There 18 an agreement of -- per che Clty to
17 pu::-sue Mar~lotL's operatlng relatlonshlp
18
Q
So t~e a~swer co my questlon 18 no, there's no
19 operatlng ag~eemenc?
20
21
A
Tne ope~atlng -- the cecalls of tne operaclng
agreement are In negotlctlon, dlScuSSlon and ::-eVlew
They
22 are revlewlng plans, ane they have an e^cluslve
23
relatlonshlp to the prOject
Tnac 15 In ag~eement form
24 ~nc t~e::-e 15 a mUlt1Cude of, Guoce, agreements thac muSt
2S 8e materlallzec
LAwYERS' C~OICE, INC
94
1 Q Mr Gehrlng, lSn't lt a face that you're not an
2 app~alser, 0: you a~2 not an economlst ana not a ~arkee
3 experc?
4 A I'm a communley planner and developer wlth 2S
S yea~s of experlence In ~hlS markec area and have been
6 lnvolved In both plannlng and dellverlng mllllons and
7 mllllons of dolla~s wor~n of p:oeuct and proJects of WhlC~
8 you have been at~orney to In ehe past
9
10
You're fawlll~r wlth those, but I do not
functlon as an appralse~
I do not functlon as aD market
11 analyst p~ofesslonally, but I do lnvolve myself In
12
analyzln~ markets for p:oJects I'm lnvolved ~lch
And I' fTl
13 not oplnlng here as a ma~ket expe~t
14
Q
ThanI<:. you
In your appllcatlon
I'm not suce
15 If ChlS lS your language or not -- you stated thae pa~klng
16 ~lll be camouflaGed and hldden from the beach Goe~s
17 Do yOU conslder an 8S-fooe ~all lmmeclacely
18 adJacent co my clleDt's p~ope~ty, wnlch 15 essentlally a
19 parklng garage, camouflage?
20
21
A
I can't recall USLng the eerm camoufla~e
I
sald scree:led
I tnlnk we we~e compaLlng a naked deck,
22 WhlCb was tne c.Ley's earl.le: proposal, fo~ e~posed pa~klrg
23 floo~s ~len one fo~ the Cl~y ca:s versus an enCl~e~i
24 sCLeened faclllty
2S
The condlclons of tne -- of the pcopercy CD c~e
L.~wY:::?S' C::01C2, HIC
10
9S
1 abuttlng sldes whICh abut you~ prope~ty -- your ellene's
2 property, Dave code conSt~alnts, WhlC~ Mr Nlcnols can
3 ce::calnlt speak to, thac ~ely only on Certaln macerlals to
4
De utlllzed on tile abuttlng edge
So It IS a Surface chat
5 snowS
6
Q
My C;:ueStlon
nON you stowed me ~-
7
Tin 5 1 s t.he
A
ChlS
the slde
.t=
OL
-- the
no:::'th
lS
8
slde of the propercy
ThlS IS step back
I t has C'fW Jobs
9
a~ the surface corner
It has two alr shafts, ane It has
a se~les of glass block at tne top
~~d all tne otne~
11 detallec elements he~e a:::'e baslcally lnCentatlons ln the
12 surface
13
AntlcIpatlng whethe~ someone had a two- 0:::'
14 th:::,ee-sto:::,y strucCu~e aDuttlng tnls, they coule -- you
15 know, WOuld c:::'eate a very POSItive facaee edge to tile
16
a.outtlng Slte
?~C I also cons~ce~ that we develop thlS
17 In relevance to you:::, applIcant -- your owner's
18 representation that he WlS~ to place even a nlne-stort
19 oUIldlng and an elgh[-sco~y pa:::,kIng ceCK agalnst tnls
20 wall
21 (Mant VOIces a:::'e speaklng at one Clme
22
23
24
2'
J
M? SCHI?2'
Agaln, It's not relevant to thlS
pcoceeclng at ChIS tIme
M? G:::rt~ING
F l.rle
L\',.r!:::S.S' C:-;:OIC:::, INC
4
96
1 BY M~ SCHIFF
2
Q
A~e you an advocate fo~ you~ cllent? Are yOu
3 an advoca~e In tnlS p~ocgedlng for YOu::- cllene?
?
Our p~oJec~ teaw lncludes a numoe~ of
5 lndlvlduals who are wor~ln~ on tne project as Beaen In
6 Deslgn and lDvolve the other tecnnlcal expertlse that I'm
7 a pa:tlclpant In che project
8
Q
You sl~ned as yOu:: C~lent'S agent wnen YOu
9 applled fo::- thlS appllcaclon cld YOu DOC?
10
11
A
Q
Yes
Does you:: cllent nave ownerSDlp or control or
12 Tnl~d Street?
13
A
Thl~d St~eet wlll be requested to De vacated,
14 and the~e's been pa:t and parcel over the dlScusslon wlch
is Beacn oy Deslgn Slnce the whole Beach-8y-Deslgn plan was
16 Sub8ltted a~d went tn~ough nume::-ous pUDllc nearlngs I
17 belleve some eleven 0: twelve have been held DY Beacn By
18 Deslgn whlle reco~~lzlng tDe ope~lng of Thlrd St::-eec as
19 tne concltlon of [nlS pcoJect
20
Q
So tne answer to ~Y questloD lS Thlrd St:eec ~s
21 not owned by your clle~t?
22
23
A
It's subject to vacaClon
Q
Do you recall In your appllcaclon enat you sald
24 that the proposec project needs ::elle: r::oro S.lce s2cbaCKS
2S due to che scale of che development? ?a~e 6 of yOu:
LAw~~RS' C~OICL, INC
7
o
-'
10
11
12
97
1 appllcatlon
2
A
In the application we deflned the dynamlcs of a
3 pa::-~lng garaqe conflgu~atlon ~equi~lnq tDe utiliZation of
4 tDe slte setbaCKS to go to ze~o
5 Q Let me snow enlS to yOU I'm asklng about SOIDe
6 speclf~c lanquage (inaudible) ?age 6 1n tDe appl1cat1on
Can yOU read th~s fl:-SC pa=ag=apD
Tins 1S you=
8 appllcacion, ~lght?
p.-
~l=St pa::ag~apn
Ince~ested deflned by
:;:J=eparea ':Jy King ConSJ:::-uctlon wit i'l the appllcant The
p::-oposed p:oJect needs ~ellef f=om site setbacks due to
tne scale of t'ne development Tne need to provlde for
13 on-slte bU.Llding clrculatlon and the dedlcatlo~ of 10 foot
14 of ~lght-of-wai along the rear property Ilne on Co~onado
15
The p:omenade elevation, whiCh 1S approved by
16 the develope:: fo= prope:ty for a dlstance of approxlIDately
17 a thousana feet will serve as a landscape gate~ay to the
18
co~~unlCY buSiness
In addition, the promenade a::ea will
19 functlon as a front setbaCK w1th ~eeestrlan affieDltles such
20 as covered walkways, pavement, lancscaplng, and a sldewalk
21
22
23
C~f~
c:._'"
Q
Tr1ank:. you
I only ask:.ed you to ::ead the flrsc
sentence, but you're welco~e to reac on
The f1:-st
24 sence~ce, the meeting Will De f:00 Site setback cue to tile
25 scale of the cevelopment
LAW~~RS' CEOIC~, INC
1
98
M~ Ge~rlnG, Lsn't that bac~~a~ds fro~ a
2 plannlng stancpO.lnt? Isn't it a fact chat if a pcoJect
3 eoes not flt on a propertj, 1t'5 slmply too la~ge o~ too
4 huge and you don't ask for a (lnauclDle), you scale dOI^,-l
5 toe proJect?
6
A
I'll refer to toe comments that the cllene 10
7 tfie reco~d usee 1~ deal~ng wlth the lntentlons of Beach By
8 Deslgn wh1cn deflne In thelr st~uctu~e an lntent for an
9
uroan tOUYlst dlst~lct
And lD that fr&~eWOrK, If you go
10 to tne beach today, you'll Llnd several nonze~o SetbacK
11 condltlon
12
In chls partlcular prope::ty, the me~glng of a
13 2S0-roo~ hotel, wn1ch could De cone wlth a pa~~lng deck
14 fo~ Just ltself at a certain scale, 15 accommodatlng tne
15 park -- tDe hotel and the a&~lsslble parklng pcograro a~d
16 the reta~l actlvcCion In the street
17
Those uses comlng togetner for an excltlng
18 ffilxec use prOject created as a ~lX use proJect a:: scale,
19 and chat's what's meant by t~e Size or the p~oJect
20
Q
Let's go a llttle further wlth thac
Your
21 cllent, do they own the propeccy rlght now?
22
23
24
?'
-~
A
Tne property lS under cont~ol
Q
Uncer Cont=ol So they don't Own It ~lght now?
A
I answe:ec It
D.lC I say I owned lC? I SalQ
1t'S unde~ co~crOl
LAw~~~S' CEOIC~, INC
1
2
3
99
Q
Is lt under contract?
p
It's under control
Q
O~ay
And thac's what yOu ~ean by (inaudioleJ
4 Ane tne property 15 1 08 acres according to the
5 appllcatlOTI, right?
6
7
8
9
?
The p~operty 15 51igntly mo::-e than that
I'll
show you thlS staff repo=t that I have
A lltele cha:t I
believe
Mo=e like 1 -- 1 63 lS tne agg=egate with
vacatlon
The orlg~nal component lS the four pa::-cels
10 whlCh --
11
. ~
lL
13
Q
whlCh LS your (lnaudlble)
A
I thlDK It's more llke one twenty
Q
Well, f::-om my renewed staff :eport shows that
14 the total proJect lS proposed on 1 63 acres
1 -
~~
16
17
A
Co=rect
Q
It also snows tnat t~e::e .lS 1 08 of flve lands
f::-om tne repo:t I was glven
Now If t~ae's true, 34
18 pe::-cent of yOu: proJect lS comlng from pu~llc la~c
19
Assumlng that's true, Mr Gehrlng, don't you
20 tnLnk you're flttlng too lacge of a p:oJect on thlS one
21 acre e:ack when YOu':e proposlng a 2S0-room notel mo:e
22 than 150 feet hig~ on slcelln2 to sidellne wltTI no Vlew,
23 no alr, and no Ilght?
24
A
Would YOu llke me to compare enlS proJecc In
2S conJunctlon w.lch yOur appllcant's 700-foot-long bulldlng
LAwiSRS' C~OIC2, INC
100
1 tnat's 150 feet tal~ and has ~o lnflll penetratlons lD It
2 at?
4
6
3
Q.
I'd llke you co answer my questlon reqa~dln~
A
Yeah
Well, I waDe co know wnat you~
5 relevant -- YOur ~elevanc detlDltlon of Gulfvlew
Q
I wOuld llke yOU to -- co a~swe::- the quesclon
7 as to whethe::- or not YOu~ pro]ece slmply Goes pot Ilt on
8 thlS p~operty t~at .LS mlX used to the p::-ope~ty because
9 there lS no alr, Ilghc, or Vlew, or pedeSCYlan w.Lth tne
10 punllc
11
12
p.~
SU~Jece Slce ~as 280 feet of f~ontage on
Gu l:Ev l e'A!
305 feet of frontage on Coronado
245 feet of
13 depth oetween block face to bloc~ face WltD tne vacatlo~
14 of tne 35 feet of Gulfvlew lUtO tne Slce produces a 1 63
15 ac~e Slee WhlCD lU urban cha~acterlstlcs 15 developed here
16 an approprlace C0a~acte~ and scale to the uraan lntensley
17 of tne COUYlSt dlSt~lCC the Clty has deflDed .lD Beacn By
18 Des.lgn
19 130 foot helgnt lS used only on the Coronado
20 f::-ontage, and the~e's slgnlflcant llgnt and alY on all ehe
21
occuplable portlons of the sc::uctu::e
~s to tne parklng
22 dec~, It ~s gOlng to lot llLe to lot ll~e to acco~~odace
23
auto and vans fo~ both t~e cley anc the publlC
'Tric.L lS c.
24 vecy accepta~le c:aceoff ~n dellve:lng Qualley bOuse,
25 hotel house, ane a Guallcy pa~klng ceck on ctlS Slee
r ~ I "i~::: c:: '
_r N _ _"~
Cr::OIC::: ,
INC
1
101
I do not conslde~ It co be an lntenslIlcatlon
2 unll~e toe character of the comme~clal quallty of
3 Clear~acer 3each ceflned 10 aeac~ 3y DeSl~n or, although
4 yOU wouldn't llk2 tnls, deflned In elcner of you~ ellent's
5 cu~~enc appllcatlons whleh a~e not formal OUC lnfo~mal
6
7
I dld reVlew those
I dld study those
I dld
t::y co accommodate tnose
Eow you ean stand ne::-e and ask
8 me w~echer nlS elght-story parklnq dec~ .lS abUttlng ou~
9 e.lght-story parklng deck are 1D confllct wlth one anothe~
10 wheneve~ chey a=e there to oe compaclble means tfiat you're
11 19norlng your ellent's lntent
12
13
14
MR SCHI??
Agaln, I'll obJect fo~ tne record
on relevance of any mentlon of p=oJects on my
ellent's prope~ty
15 BY MP SCHI?F
16 Q The [lnal questlon, have you been employed ~y
17 the Cley of Clearwcte: at anytlme durlng you: ca=ee=?
18
19
20
p,
My em:lre 11 fe
NLt.me::ous C:LffieS
Q
A
Numerous tlmes you're enCl::e llfe?
I've wor~ed wlth tne Clty In a nwuL1er of
21 capacltles
22
Q
Eave yOu been employed Oy the Clty of
23 Clearwace~ In any capaClty regardlng B~ach 2y Des.l~n?
24
25
A
No
Q
Eave you been employed ~y tne Clty ln any
LAW''!=.?ZS' C:-::O Ie::: , INC
102
1 capaclty regarcln~ any of the ~each starrda~ds? I mean any
2 standa~ds concernln~ Clearwate::- 3eacn?
3
4
,~
I've not bee~ lnvolved l~ Beacn By Deslgn
Q
Eave you been employee by t~e Clty wltn ~espect
5 (0 any consultlng cont:acts durlnq tne last year?
6
7
8
9
10
11
12
13
14
is
16
17
18
19
20
21
22
23
24
25
.z"
No
IVlR SeEI??
I Dave no furtner questlons
MR GILD:::RSLEEVE
Thank you
At ttas tlme
before we do take a brea~, does staff Wlsn to
c::-oss-examlne?
(No response
MR GILD~~SLEEVE
That belng the case, we'll
ta~e a flve to cen mlDute recess
(p oreak lS taken In the proceedlngs at 3 36
pill, and at 3 49 P m the ~~oceedlnqs COntlnue
ME GILDERSLEEVE
I would llKe to ~o ahead a~d
reconvene the meetlnq
!'Il:<.. SC-:-:Iff
M:: Cnalrman, at thlS pOl~t I
understand we would llke co p::esent a sno:t legal
argument followed by our expe::-ts who was b~oug~t wlch
uS today
Inlclally, as yOu know, we've al~eacy IlleC our
Ob]ectlon and a:e stand~ng by t~at tnlS p:oceedlng
I
shoula not oe gOlng forwa:d
We wanted to ~elte~ate,
Just fo~ the ~ecord, that you: Doa:d does noc ~ave
L?w~~RS' C~OICZ, INC
103
1
tne aueho~ley to r;raDt a slte plan on p~operty W0lcn
2
has noe been pa:::-t of an appllcatlon
3
We also wanted to note chat tnere lS no
4
eXlstlng commurrltj redevelopment dlstrlct
It's ou:::-
5
unde=standlng tuat nas not been app:::-oved at tnls
6
pOlDC, and thlS p~oJect .LS beln~ revlewec lD tDe
7
context of an ass~mptlon tnat a communlCY
8
redevelopment Clstrlct would be escanllsned co allow
s
fo~ conslde~aclon of these prOJects
10
So we feel that lS tne cart before cue horse
11
It's prematu~e to conslcer It
I wlIl contact some
12
otner communlty redevelopment dlstrlct maln branen,
13
and you would have then no auchorlty to g::-ant thls
14
::-equest
is
We also wanted to note fo::- the record tnae chls
. ,-
1.0
appllcaclon lS lnCQnSlstent wlt0 the comprehenslve
17
plan and the county-wlde plan
Bellanors (phonetlc)
18
cannot be lssued .lnCOnSlscent wlcn comp::enenSlve
19
plannlng, and t~at wlll be a vlolatlon of Chapter 163
20
Flo.clca Statuc.es
So, fo::- the ::-ecore, we would
21
obJect based upon tne conSlStency wlth the
22
comp~ehenslve plan
23
We nave a long Ilsc of cue p::-ocess eo~ce=ns
24
today
cor example. we we::-e p:::-ovldec CDe s~~e packet
25
I chlnk you ::-ecelved
The:e we:e mate~lals
..L!l
t Cl a. t
LJ'.w'!E:KS' C:-::OICE, INC
104
1
packet w~lch we saw fo~ the f.lrs~ tlme today
They
2
were legal descrLptlons
They were documents tflat we
3
saw Just hou~s befo::e thlS meeclng
4
Now, we ~ecoqnlze staff nae a blg JOD, but
S
tnat's not
tnat's not the problem
The p::-oblem 1S
6
that we'::e gOLng [0rwarC today
The:-e shOuld be
7
sufflClent t1me for the publlc and foe my cllent to
8
review anyth1n~ that 1S p~esented to thIS boa=d
A:1G
9
glv1ng us JUSt a few hours on tpe p:oJect of tfilS
10
magnItude, we SuDIDlt probably It'S au: cllent's due
11
process rlghts as well as ou= equal p~otectlon
12
rlghts
13
So we have a standlng obJeCtlOn
We'c lIke to
14
note fo~ Cfie reco~d also pendlng materIals that have
15
been submItted by tne staff are part of tne
16
appllcatlo~, whICh were subm1tted today, dld not
17
provlde sufflC.lenc nOtIce and an opport0Dlty co De
18
nea~d th~OU~0 my clIent
We VIolated due taKes of
- 0
l~
fundamental fal~ness
20
We do appreciate you: grantIng LS party status
21
We greatly appreClate you glvlng us Cne opporcunlCY
22
to cross-eyamlne wltnesses
We wancec to note for
23
the record that tne appllcant, unee: the CIty code,
~iL
L _
has the burden to establlsn that eve:y sln~le
2S
cc~terlon must be ~et by competent su~sta~t~2l
L~W~E2S' C~OIC~, INC
105
1
eVldence
2
~~c now I wlll submlt to yOU that ln many cases
3
what has oeen brOught before yOU tocay, the record lS
4
deV01~ of any evlcence and ce=ta1nly any co~petent
r::
eVlcence to support the Cr1tecla wh1cn must be met to
6
~rant the approvals requestec
7
So ou~ posltlon lS that the a~pllCant has not
8
car=le~ tnel= burden We also wanted to note enat
o
-'
when an appl~cant lS utll1z1ng 55 percEnt of lts
10
prOJect f=om pu~llc lanes or Varlances, tDe proJect
11
doesn't flt
~~d that 1S almost OOV10US that a
12
proJect tnat must use a publlC street wlthout
13
=elocatln~ tnct street, a proJect tnat must go
14
sldellne to 51dellne, slde 1a=d to slde ya=d, and
1 -
~:)
Just cest~oy any Vlew that currently eXlsts today, 15
16
Slffiply co Dlg ane does not Ilt
17
At thlS pOlnc I would llke co lntroduce to you
18
Ethel H~~e~ of the Engleha=dt, Eammer ane Assoclates
19
?lannlng FlY-in
We have ne~ resume submletec 1TI tne
20
.:ecord
21
In the lntereSt of elfie, we wlll as~ he.: to
22
scate that that cesume 15 accurate, ane also we offer
23
her as an e^pert l~ all planplng lssues related to
24
tne appllcatlon as well as the C:lte=la of tile code
25
At cnlS tlIDe MS ~a~~e.:
L)"IN'{E:?S' CEOICE, HIC
,
106
1
2
J
4
5
MS Hp~M~~
Gooe afT-ernoon
My name l5 ~chel
P.ammer
My add~Ess lS 5444 Bayslde Drlve, SUlte 122,
T~~pa
And M~ SChlff asked me to ce~tlfy 0: to
acknowledge chac my resume lS correct, and I will do
6
that at ChiS time
I was asked co lOOK at tDlS
7
8
9
10
11
12
proJect from a plann~ng perspe~tlve anC to real~y
look ae two specific T-hingS
One, whethe~ or not the project was conSlscent,
excuse me, with tne re~ulatocy f~~~ework that is set
up to reVlew the proJect in the Clty
And, secondly,
wnether the prOJect had any impacts on my client's
1J
property, WhiCh is t~e Markopoulos' prope~ty
14
is
The flrst thing I WQulc like to add~ess would
be the CYlte::ia 0: the scandards for the level one
16
and level two app~oval concltlons, anc that's slide
one
17
13
The firSt crlceria, and I'~ not gOln~ to do
19
20
21
22
them all
I'm JuSt gOln~ to do several of tnem
The
proposed cevelopmencal lanc wlll oe in harmony wlt~
the scale, Dul~, censity and character of the
aCJacent properties in WDlch it 15 located
23
It is ~y oplnlon chat thiS prOject ~s not l~
24
scale O~ in cha:acter wlth tile aCJacent p:opertlEs
25
The staff repo~t, ln addrEsSln~ thlS pa~tlcula~
LAw~~~S' C~OICE, INC
107
1
2
3
crlte~la. d~dn't really answer the questlon of
4
evaluatlng tnlS pa~Clcula~ language
Wnat cney dld was to say that it ~as 1n
compliance wlth the Beach-BY~Deslgn C~lte::la
Well,
5
you have a pLoJect ln compllance wlth ChiS C~lceLla
but not necessa~lly the approprlate ln the scale and
the bulk foc the partlcular prope~ty lD whlCh lt was
being p~oposed and belng compatible wltn adjacent
properCles
I chln~ you nave to look at wnac's eXlsclng on
the adjacent p~opertles and what's proposed
6
7
8
9
10
11
12
Ce~talnly we feel it lS not compatlble wlth what lS
13
eXlstlng out there on the Deaeh now
for ~racket number seven
I'd llke to ask
14
15
16
17
W~at we have done 15 take the design, the
architectural plans that were su~mltted a~d to scale
lnSert chern ln a common aerial
TillS shows the oulk
18
and magnltude of the pcoposed prOject relatlve to all
of the uses arounc It on the ~eacn
19
20
21
~na the next one would be nUF~er eight
We
have three Sllghtly different Vlews, and toe next one
22
23
would be numbe: TIlne
This rendeclng clea:ly snows thac it is
24
ce~talnly OUL or cha~acte~ and certalnly out cf scale
2S
wlth eveLythl~g else that's out on the beach
LAw~~RS' C~OIC~, INC
108
1
Now, as I mentLoned earller, the questlon
2
really becomes -- you know, you look at whac's
~
~
eXltl~g and YOu look at what's proposed. well,
4
certalnly tne::-e a~e ~o othec proposals on cne table
~
befo~e you 0: that ~ave been su~mltted to tne Clty
6
But II the s~~e due conSlceratlon we~e glven to
7
the Dext property ownec as lS belng glven to thlS
8
property owner, we would have the followlng ~rac~et
9
whlch I belleve lS nUffioer eleven
10
So chls would ~e baslcally
not thac we would
11
have an lcentlcal proJect, but tnat we'~e JUSt trYl~g
12
to show the ~ul~ of two proJects SlGe by slde wlth no
13
llght, alr, and Vle~ corrldors ~elng consldeced on
14
the beach We feel enat thls lS settlng a negatlve
15
precedent
That It lS, as Mr. Schlff has sald, that
16
lt lS a project that lS far too lntense for the Slze
17
of the pa=cel that It lS on
18
~ld we would llke to state for the record that
19
we are cectalnly not opposed to redevelopment out on
20
che beach
we are not opposed to use of tne hotel
21
We thl~k tnae It lS approprlate and certal~ly tne use
22
ltse1f lS compatlble
whac lS not compatlble lS the
23
Dulk and tn2 scale
24
NUIT~ec two -- Cr.lte::l2 nu~ber two
Ane tnat lS
25
sllce nUffiDet elghc
One of the thlnGs ~~ says lS the
LAw{~RS' C~OICE, INC
109
1
2
J
proposed development wlll not nlnder o~ dlscourage
ene apP~op~late development In the use of adjacent
lane ane DUllc1ngs for slgnlflcantly lmpa1red value
4
thereof
5
6
7
P2d M: SCh1ff Dad orought thlS out lD one of
che queStlons he askec ea~lle~ about the 11gnc, alr,
and Vlew corrlCo~s oelng extremely lmportant to the
8
9
10
enelre prem1se of ehe Beach-ay-Ceslgn plan
We f~el
tnat tillS proJect lS Dot conSlscent wltn tne
11
statement tnat 15 requlred In 3ea~h By Deslgn
ThlS project 15 asklnq for some pretty
12
13
14
1DcenSlve development
Ie's aS~lng fa:: zero setbacKS
on all Sloes
TDae to me 15 a wall-to-~all type of
development whe::e you have no lnterface w1tn che
is
16
17
18
punllC at street level and the beach ltself on tDe
east slde of t~e project It's a small property
that, 1D Ou~ oplnlon, 15 oe1ng too .intensely
developed
19
20
21
22
23
24
T~e prOject also 1S aS~lng for two pOrtla~s of
lt to be hlgher t~a~ 100 feet One af the thlngs
thae Beach 3y Deslgn states chat I belleve le's
sllde numbe::- TILDe -- states cnat there 15 a hlgh
C~lcerla
Under subpa~ag:aph Dumber e~c, eal~s about
yOu can't have aDy lrrtcuslons over 100 feec, no mO~2
25
~han two of chem be1Dr; w.lthlD 500 feet of eacn acne:
LAWiERS' CHOICE, INC
110
1
Well,
thlS p~oJect lS asklng fo~ two,
whlch
a~c
-~
2
100 feet apa~~ on ene St::uctu~e
But that In and of
3
.ltself lS baS1Cally askl~g fo: all of the allotment
4
that ~oes to some of the prope~tles lmmedlately
5
adJacent to lC
~
~
P2d II I could s~ow ~raphlc -- I belleve It'S
7
eleven at tD1S Clme
TnlS just those shows the
8
~elatlonsDlp of how much of ou~ property
9
M: Markopoulos' property woulc te taken up by the
10
SOD-foot raclus on WhlCh notnlng over 100 feet could
11
be permltted
12
So, cectalnly, When lt says In c::lterla nu~~er
13
two that the proposed developmenc wlll not hlnder or
14
d.lscourage the development and use of adJacent land,
15
thlS fact chat tDey a~e asklng for two towe~s lS
16
baslcally crlvlng the ceslgn anc to scale and to
17
helght on the ~ulk of M~ Ma~kopoulos' p::-ope~ty
So
18
lC cercalnly coes have an effect
is
Crlterla numDer flve, back on sllde one, says
20
the proposec cevelopment lS conSlscent wlth the
21
commUnlty characte~ of the l~medlace VlClDlCY of tDe
22
pa~cel ~roposed fo~ development
23
~ga~n, my comments prevlously a~out toe fact
24
t~at we feel chat It lS not In Character wlth the
2S
su~~oundlng area, the~e ~eally aren't many
LAwYE~S' C~OICE, INC
ill
1
cevelop~ents Out In thlS general 10caClon chat
2
exhlblc tnls tipe of lntenslty
3
C::lcerla nlli~er SlX
The deslg~ of tne
4
p:oposec cevelopment ffilnlffilzes adve~se effects
5
l~cludlng vlsual, aCOUSC1C, and olfactory, and hou~s
6
of ope::-atlon lmpaccs on aCJecenc p::ope~tles
7
In the staff ::eport tney evaluated everythlng
8
except v.lsual
Well, we tnlnk v.lsual, f=om our
Q
~
perspectlve, may be one of tne ~OSt lmpo~tant tnlngs
10
In tnls crlce=l2
Because we belleve thac because of
11
tile lntenslcy of the prOJect, It lS havlng a vlsual
12
lmpact on the adjacent prope~tles
13
I'C llke to go to sllde nQmber two, whlcn lS
14
the fle^lDlllty crlterla foe Comprenens~ve Inflll
15
Redevelopment proJects
Crlterla nlliube::- one says
16
that the cevelopment or recevelopment of the pa~cel
17
proposed for development lS otherWlse l~9ractlcal
12
wlthouc cevlatlons from the use lntenslty and
19
development standards
20
As I stated earlle=, we are not In Ob]ectlon or
21
not opposed to tne use
What we are opposed to lS
22
tDe lDcenSlty of use, 2nd we feel tDac some
23
cevlatlons from the standa~ds may be necessa~y but
24
not to t~e eytre~e e^te~t tilde a~e be~ng proposed
?~
_J
here
LAw~22S' C~OICE, INC
112
1
To apprOve a proJect tnac has an lmpe~vlous
2
3
surface ratlO of one, wnlc0 means ~t's coverlng the
entl~e prope~ty, It nas ze=o set~acks on all sldes,
4
and tue helght ln cne form of towers baslcally
5
overflows or has off-slte lmpaCtS co what ocher
prope~tles can do, lS too lntense of a P:OJ2Ct
6
7
8
Development on chls slte coule be cone wlth a
s~aller mo::e reasonanle proposal thac would not
9
requlre all of tnese crlterla to be flexed to tnlS
de~:ee
10
11
Crlcerla Number four says tDe use 0= ffilX of
12
uses wlthln the Comprehenslve InIlII Redevelopment
13
ProJect are compaclole wlth aCJacenc land uses
When
14
tne appllcant sunmltced hlS proposal, ne sald tnat
the proJect was compatlble WltU aCJacene land uses
15
16
And he went on co clte tuae there are ::estau=ants and
17
18
19
20
21
22
23
notels In tne same block
Well, compaclblllty .lS not st::-lctly a nature of
use a~alnSt use
It lS a
also a measure of scale
and lntenslty
And, agaln, we feel tnat thls
crlterla lS not Deln~ met
Crltecla nUffiDer flve says sUltable Slees Eo:
aevelop~ent or redevelopment of the uses or ml~ of
24
uses wlthln the Compr~henslve Inflll Fecevelopment
25
FroJect are not othecwlse avallable In the ClCy of
LAw{~~S' CHOIC~, INC
113
1
2
Clearwater
When toe appllcant submltted hIS appllcaClon,
3
4
5
6
7
8
9
10
he stated tnoe tillS was a UTIlque locatIon
We CO not
ag:ee wIth that
We do not see thac thls lS anymore
unlque than the p~ope:tles neAt coo: to It
Anc
tnat, Obvlously, there are other SItes that may be
more sulta~le for thIS Intense of a pLoJect tnat
con't have to vacate a se~eet, tfiat don't have to
welgh all or these crlterla, tnat may be StartIng out
WIth a large::- plece of land to accommocate somethlng
11
of thlS lntenslcy
12
C~~terla numbe::- seven
The deSIgn of tDe
13
proposed Comp::-ehenslve Inflll Recevelopment ?roject
14
creates a form anc functIon Willcn enhances the
15
communlty cha~acte~ of tDe lw~edIate vlc~nlty of the
16
17
18
19
20
21
pa~cel proposed fo~ development and tDe CIty of
Clea~water as a w~ole
Agal~, It'5 my oplnlon tnac the deSIgn of thIS
p~oJect lS too Intense
That 1t 1S not compatlble
Wlcn -- excuse me -- the eXlStlng commun1ty
cnaracte::- And I th.lnk It sets a ~egatIve precedent
22
fo~ Iutu:e develope~s who come In and a:e gOIng to be
23
24
expeCtIng to ~eceIve the same klnc of waIvers wIth
th~s prOJect ~as Deen -- lS reGuestlng
25
~umbeL e~ght
?le^l~lllty WItD regard to LQC
LAw~~^S' C~OICL, INC
114
1
wldth requl~ed SetDacKS ilelght and off-st~eet pa~klng
2
are Justlfled by tne beneflts to cO~uunlti cha~acter
3
and the lmmedlate vlclrrlti of thelr pa~cel proposed
4
fo= development and tne Cley or Clearwater as a
5
whole
6
I tillnk appllcatlon of thls goal nas to be
7
done, a:: tillS c::-lterla has to be In conce=t wltil wilat
8
lS ~easonable
~nc we co not tnlnk that tile ~equest
9
lS compatlble wlth the surroundlnq p~ope~tles and
10
wlth even proJects thac mayor may not be ~=oposed
11
Wlth speclflc regarc to so~e of the standa::-ds
12
In the Beach~3i-Deslgn document, ODe of the standa~ds
13
that lS =equlred lS adcressment of wall coverage and
14
open space The only way thlS proJect weets tDe
15
crlte~la 15 ~y poundlng the pool on the roof willch,
16
to ~e, open space and lot coverage lS a pUDllc
17
pu~pose and tnat tile open space and lot-coverage
18
standarc should -- be should be appreclated and 8e
19
avallanle to Vlew ~y the publlc
Certalnly, If you
20
go on the roof, does not really meet t~e lDtent of
21
open-space standards
22
Whether or noc It actually meets tile setbacks,
23
we Know they re aS~lng for zero, the appllcaclo~
24
never :eally sets fo::tn what tne exact setbacks are
2~
J
so we ~ave to assume tnei a~e zero
LAwYE~S' CEOIC~, INC
115
1
The floor place lD tne appllcatlon -- and they
2
3
recognlze the fact tnac they do ~ot meet tnat
standard as well
The standa~d ::equl~es no greater
4
than 25,000 squa=e feet above 42 feet
~fld, of
5
E
course, tney can't ~eec enat because of tne pa~klng
garage
7
Sllde number twelve
In summa~y, tnlS proJect
8
9
ln our cowmune lS not compatlble wltn adJacent
properCles elthe: wlth eXlsting 0= wlth future
development p=lncl~ally because of the zero setbacks
and the helght in the towers that are being 9roposec
10
11
12
13
14
15
We thlnk it negaclvely lmpaCtS the future
development potential of adJacent propertles fo= the
reason that I'Ve explalned because of the two towe~s,
anc the face tnec Wltnln a 500-foot radlus we are
15
llmlt In wnat we can co
So it's drlvlnq ou~ deslgn
17
18
19
and helgnt
The proJect 1S too .lntenSlve for the Size of
the property on wnlch It's located
It sets a
20
negatlve pcecedent for all futu::e cevelopment
21
proposals on Clearwater 3each
I guess I would JUSt
22
23
leave you wlth tDe questlon
Does thls p:oJect
belong on a 1 6 acre ~a::-cel afte: vacaCLons a::e
24
completed out on Clearwater Beach? Than~ you very
25
muC~
L~w{~~S' CSOIC~, INC
116
1
M~ GILDERSL~EVE
Tnan~ you, Ms ~ammeL
2
M~ Schiff, in a matce~ of fal::neS3, I chln~ we'~e
3
gOlng ~O try anc allow thlrty to tn1rty-f1Ve mlnutes
4
for au: presentaclon
Do yOu thlnk you can wor~
3
wlthln that?
6
MR SCEr?:
Tnat's flne
I thlnk we wlll
We
7
have one mo~e wltness to present, and enen we Dave a
8
few ltems to ffientlon to you
9
Before we lntroduce ou~ next wltneSS, I wOuld
10
Just Dace for the recorc that some of you may want to
11
take a loo~ at, on page 9 of the paCket eDat was
12
submltted today, EXDlblt a I guess le lS
On page 9
13
unde:: n~mbe:: four on tnat page It talks about no more
14
than 60 percent of the theo::etlcal roaxlmlliu DUlldlng
15
envelope located above one sto~y wlll oe occupied fa::
16
a bUlldlng
That's a standa~d fo::- W01Ch you'~e
1 ~
- I
JUdgl~g tD1S prOJect on coday
18
The appllcant's response lS, chls standard can
19
::-eal1stlcally be applled only to levels above the
20
park1ng deCK
I wlll Submit to you tne answer to
21
tfiat standa::-c tnerefore 1S, the appl1cant 1S not
22
meetlng that standa:d
23
There's been no request flIed co change that
24
standard
That standard was Just recently acoptec
25
I WOuld suggest to you tDac tnac on 1t'S face 13 an
LAINY~PS' CHOICE, INC
117
1
admlsslon by trre appllCa~t tuae they cannoc meeL the
2
standards tfiat he muse meeL fo~ thls proJect ane
3
glves you one addltlonal reason why thls prO]eCL muse
4
be denled
5
At trrls pOlnt -- of course, If you have any
6
Guestlons fo~ Ms ~~~e~, perhaps after my next
7
wltness, you can ask eltne~ one
8
My next w.itness .is Mlcnael McElveen
Ee 's W 1 th
9
Urbap Economlcs, Incorporated
M~ McElveen ~as a
10
W~.itcen ~epo~t wDlCh I wlll submlC In cne reco~d as
11
well as nlS ~es~~e
And I would also aSK film fo~ the
12
sa~e of tlme eo conflrm tnat hls ~esume lS accu~ate,
13
and that he prepa=ed the Wrltten report
14
And at thlS pOlnt, Mr McElveen, could you --
15
Oh, and I offer hlm as an ex~ert on lSSues concernlng
16
value In the crlterla WhlCh lS before you
17
MR ~cELV2EN
I would -- hello
~y naIile lS
18
Mlc:"1.ael McElveen
I'm a state ~enecal certlfled ~eal
19
estate app::alser In t~e State of Florlda
I also
20
nold the Membec App::-a~sal InStltUte ceslgnatlon fo::
21
the ~ppralsal InstltUte of the Unlted States
22
M1:;:
-,
GILDERSLEE\I~
A -
..no
y'ou:::-
add:::-ess fo~
tne
23
reco:::-d, Sl:::<J
24
MR McELVEEN
It lS 18 SODen Scerlln~ Avenue,
25
Tampe., Florlca
Anc I would also StcC2 for the
LAw~~~S' CHOIC~, INC
118
1
reco~c that the resume tnat I SUDmltted 1S t~ue and
2
3
4
5
6
correct
M~ GILDERSLEEVE
Go aneac
M~ McELV~~N
I was asked to analyze two
spec1f1C p01DCS
It's gene~al standa~d two of the
Gene::al Appllcablllty Standa~ds and also standa~d two
7
of the 1nf1l1 Develop
Redevelopment ProJects
8
9
10
Now the Elrst, the general standa~ds nereto are
::-eally part of a two-part test
The proposed
11
development w111 noe hlnde~ or dlscourage the
approprlate development and use of adJacent land or
bUllclngs -- that's the flrsc part -- or
12
13
14
slgnlflcantly lmpal= the value tnereof
The two lSS0BS that I was concernec a~out was
15
helght, and It'S effect on development on
Mr Markopoulos' p~operty, and the zero no~th slde
16
17
18
ya:d
We studlec -- In looklng at helght, there's a
great ~any art~cles tnat have been WYltten SCulLY
19
(phonet1c) Publ~caclons rega=dl~g he1gnt and
20
21
developlng dens.lty
EspeClally t~ue ror nocels,
gulf-front hotels on the beacn
They a:e sold l~ an
22
23
24
(lnaudlble) .in the baS1S
The more cooms you can get
wlth the market demand, tne more valuable the
property
3efore developmenc occurs out cnere,
2S
eve~YbOCY has tne rl~nt to essentlally DUlld up to
LAw{~RS' CHOICE, INC
119
1
2
3
150 feet
If the ~ullclng exceeds 150 feet, all of the
4
property owne=s wlthln 500 feet, a=e thelr =lghts
taken away f:om them? The bUlldln~ envelope, whlcn
the 3each-By-Deslgn pro]eCL does me~tlon as a ceslgn
5
6
7
C=lterla, lS Lherefore reduced
Tne numoer of rooms
are reduced
The value of Lhe p=ope=ty lS lmpalred
s
It's a pretty much qUld-p=o-quo =elatlonshlp
9
Tne mo=e rooms Lnac can be ceveLopec, the more
10
valuable property at the e~d lS, lS also true
~= Ma::kopoulos' prope=ty lS otne=Wlse Delnr; taKen
away and transfe==ed to the ad]OlDlng property owne=
In effect
11
12
13
14
The second lssue rega=dlng the flrst pa=c of
is
16
17
18
the standarc lS the zero slde yard vac~ance
It's an
84-foot-~lgh shee::- concrete block wall
The whole
purpose of the s.ice yard lS a communlty =lgnt, and
cne rlgnt actually wl11 8eneflt the people closest
19
too It
Alr, llght, ane Vlew
Ve=y cO~uon In mld
20
tles, =esldentlal cevelopments, SUbClvlslons wlll
offset lots so t~at the people across the st::eet
would have to lOOK Decween ya=ds to get those VlewS
~OU hea=d tocay Me Nlcnols made a very gooc
21
22
23
24
statement at least talklng about towe=s
Llght and
2S
Vlew wece vecy lmpo~tant In the spacln~ wlth towe~s
LAwiE^S C~OIC~, INC
120
1
The reductlon 1n tue slde yare f~om ten to ze::-o 15
2
reOUCtlOn ln al~, 11gut, and V1ew
3
It lS not only fo~ my -- Mr Mar~opoul05'
4
,
propercy, ~ut for all the adJo1D1ng property owners
5
~est have cenlsc that P:OV1Slon of a1r, llgnt, anc
6
V1ew
We've stuc1ed tne room rates, hotel room rates
7
on tne gulf beaches
Those wlth Gulfvlew
Those
8
w.Lth alr, 11ght, and Vlew
Those wlth dlmln1shed
9
a~r, ~lgnt, and V1ew
Those wlth no a.Lr, llght, and
10
Vlew
11
They have a slgnlflCantly dlfferent ~oom rate
12
They nave a slgnlflcantly lower occupancy rate wheG
13
you nave lower alr, 11ght, and Vlew
The dl=ect
14
translatlon of that lS slgnlflcant 1mpa1rment to
15
Clscou=age development or approprlate developme~t on
16
tnlS prope~ty
17
The second pa=t of the test lS slgn1flCantly
18
lffipalred value
Just l.lke what we talked a~out
19
p=evlously
The loss 1n tne numbe::- of rooms'tnat can
20
be ceveloped on a p~oge~tf, wD1Ch lS the apP:op::-1ate
21
developme~t, or the loss In ale, llght, and vlew
22
wnlc~ dec=eases the quallty of the Slte lS also an
23
lmpal:ment -- slgnlflcant 1mpal:ment of value
24
The second portlo~ of the standa:d 15 In tne
25
lnflll development standa=d
Interest~ngly, th1S
LAw~~RS' C~OIC~, I~C
121
1
standard lS a very mlld standare
The development of
2
a parcel that lS proposed foe development as a
J
Comprehens.lve Inf1ll Redevelopment ProJect wlll not
4
reduce the ma~ket value of abutt1ng p::-opert1es
All
5
I ask yOU to do 1S reduce the value
6
Let me make one clear dlst1nctlon
I don't
7
thlnk anybody wOuld say bUllcln~ a 65-mllllon-dollar
8
reso::-t would ~Ot ennance the values on clea::-wate=
9
Beach
Howeve=, the bU1ldlng of a 6S-mllllon-dollar
10
resort on Clearwater 3each Wlth approprlate nelghc
11
and slde ya=c setbac~s would lncrease value even mo::e
12
than wltnout 1t
That lS the key dlstlDctlon he=e
13
and 1S not addressed
14
Agaln, we Studled -- based on the stUGleS tnac
1 -
_J
I performed, the analysls of sales, lana sales,
16
accrued sales, rencal rates, occupancy ::-ates of
17
prope::-tleS M~ Ma::kopoulos wlll suffe= wltn t~e
18
aGJolnlng property owners wlll suffer a loss of
19
marKet value of t~e aCJolDlng property
20
The excluslOP o~ traDsfe= of rlgnts 15 a
21
t=aDsfer of value away from CDe adJoln1ng p::opect1es
22
glven the hotel's Slze and loss of a1=, llght. and
23
vlew
The other aspect of that I was asked to look
24
at 1S tne app~lcant -- a~9l1cat1oD thac was
25
subw~tted
It must nave clear and -- clear and
LA~[~RS' CEOICE, INC
122
1
convlnclng C~lCe~la to p~ove t~elr pOlnt
It 1S tile
2
appllcant's bureen noc that of tDe aCJolnl~g prope::ty
3
owner
4
I've revlewed the response to quesclon number
5
two ln the lnflll fo~ recevelopment p~oJects. ane I
6
agcee wholehea~tedly wlth tue [lyst pa~t of thelr
7
statement
The value of property depends upon
8
hlgbest and best use
And (lnaudl~le) mar~ec Iacco=s
Q
~
upon demand ~bsolutely
10
Glven the reductlon of alr, 11ght, and Vlew of
11
a 10-foot-yard set~ack and the helGhc reductlon that
12
wlll occu~ on the adJolnlng property, the h1gnest and
13
best use of tne adJolnlng propertles 13 dlm1Dlshed
14
Acco~odatlons w1lI nave to be ~ade to accOffiFlodate
. ~
1~
for thee loss that has been taken away from adJolnlng
16
property owners
17
The remalnder of the response tilat I have read
18
here .lS, frankly, not germane to answe~.l~g the
19
questlon lf tnece nas been a loss of value
G~a~ted
20
thelr a=gument lS a 65-~llllon-dolla= hotel wlll
21
lncur -- lmprove the values
I don't thln~ anybody
22
could dlsagree wlth that
23
~oweve~, one that Dad tne a~p::oprlate Slde
24
yacds wlth apP=op=ldte nel~ht, bul~ and scale, WOuld
25
lncrease eve=yone's values even mOLe
Tnat 1S the
LAwi~RS' C~OIC~, INC
123
1
l5sue
I have no fu~the:: q0estlons
2
3
MR GILDERSLESVE
Tnank you
Does tnat
conclude you~ presentatlon?
4
MR SCHIFF
Thae concludes ou~ eAperts
I
5
6
7
8
have Just a b~lef statement to make
At thlS pOHlt I
would Just llke you to taKe a look at a few exhl~lcS
we have slldes of -- I'm sorey -- g~apnlcs one
through SlX whlcn I thlnk de~cnst~ate ou~ ellene's
9
property and tDe proposed property
10
The LlrSt sllde lS showlng you tne p~oposed
11
prope:-ty
Our ellene's prope:-ty lS outllDed In
12
green
If we can go to the next sllde
13
Once, agaln, a closer loo~ at tile appllcant's
property separated by Thlrd Street and our cl12nt s
p::-ope:-ty
14
15
16
The next sllce
ThlS lS looklng from the other
17
slde
A~d I thlnk ~hat's oeen snown by 5o~e of our
18
eAperts, thlS sllde lS looklng co ehe west
If YOll
19
plCtU~e what eXlSCS today and plcture anc eonSlcer
the lssue of VleW, llght ln the publlc's vlew, you're
gOlng to see a dr~uatlc change whe:e t~e tWO parcels
are hlghllghted ln tile yellow and Thlrd st:-eec lS, as
20
21
22
23
proposed by the appllcant, lS ellmlnaced
Ou:
24
cllent's property, agaln, lS to tne ~lght on thlS
25
plcture
LAvJYE~S' Ci-:OICE, INC
124
1
The next sllce
T~ls lS Just one more vleW of
2
tue ~ppl1cant's p~operty as well as our cllent's
3
p:operty
It ~lso snows the p~ope~ty furthe:: co tDe
4
south of our cllent's p~operty
I tn1nk that tue
5
lmportance of thlS sllce lS 1t cemonstrates tnat
6
there's ce~talnly -- the:e's mo~e tnan CWO lots
7
proposed by the appllcant whe=e Beach By DeSl~n can
8
be .lmplementec
a
J
~~d, ln fact, 3eacn By Deslgn ~eco~nlzes that
10
as a ~ucn large~ area
So I sunmlt to you, tnere's
11
nochlng unlque about ta~lng two lots and ellm~natlng
12
a -- an eXlstlng publlC street to -- wlth rega:d to
13
t0elr proJect
14
I thlDk ou~ experts have demonstrated to you
15
that tne crlterla -- and the~e's two sets of C:lterla
16
that are before yOU today
Number ten Crlter.l2 unde::-
17
the lnflll -- lnflll flexlblllty standards tuac must
18
be met, a~d there are also SlX Crlte~la under the
19
general crltecla of tile code whlch must be met
20
ThlS lS not a subJectlve cholce
All thlS
21
crlterla must be met
Youc code states -- the code
22
also staces that the appllcant has the bu::-den of
23
establlsnlng by suostantlal competent eVlcence that
24
all these crlte::-ld have been mec
25
So II you see cne crlce~la noc belng met, they
LAw~ERS' C~OICE, INC
125
1
naven't met theLr burden, ane yOu have no cnOLce but
2
to deny tnLS appllcatLon
3
I thlnk what we have gOlng on nere LS what I
4
would te~m a towe~ play
ThlS proJect lS slmply too
5
lntense
There's nOtnlng wrong wlth towe~s
The=e1s
6
noehlnq wronq wlth towe~s as recognlzed ln 3each By
7
Deslgn
8
what's happenlng he~e lS you have too many
9
towe~s on too small a Slee ellmlnatlng a st~eet
10
~nd, forglve roe, but It'S slmply c~ammlng .In too blg
11
a proJect on too small a slte
12
The crlte~la, as we submlt, have not been met
13
by the appllcant, and we tnlnK that ou~ testlmony
14
makes lt a very Dad C::-lterla and cannot be met In
15
thlS partLcula::- p~oJect
16
I would also, for tile reco::d, WOuld llke to
17
submlt that you had, what I woulc conslcer, a S.lffillar
18
request wnlC~ concerned the Roc~way (phonet~c)
19
house -- and I'll submlt tile mlnutes to that
20
proceeclng co you -- where another property owner
21
trled to ellml~ace slte setbacks came befo::-e thls
22
boa::-d
And we found chat there were not -- at least
23
thlS boa~d ClC not vote to approve that reGuest
24
~eSultlng lD a den~al of that ::-eGuest based upon lC
~~
L~
was too lntense
L~W~SRS' C~OICE, INC
126
1
So I submlt that for tne recore, and I belleve
2
J
that stands as a prececenc In tne context of tnlS
appllcatlon
The ::everse slde of that may be mo~e
4
5
lmporcant for the -- I thlnk tiley put the thank-you
Clearwater slgn up at tDe ene of thelr p~eSentatlon
6
tnac the appllcants cid
7
Well, plcture tnac if you grant ChiS, you must
8
9
t~eat -- unde~ the Unlted States ConSeltutlon and tile
florida Constltutlon Slmlla~ -- sl~llar property
10
owne=s must be treatec In a slmllar fashion
11
If you're gOlnq to tell someone that we wlll
12
qlve you a road, we wlll glve you 5S pe=cene more
space tnan you have co bUlld on, anc we a::-e gOinq to
allow you to ~uild sldellne to sldellne, then the
next person that comes In you're gOing to have to
13
14
is
IE
treat the same waf
Othe=Wlse, YOu'll be vlolaClng
17
tne.l~ ~ights
We Submit to YOu that'S not a gooa
18
p~ecedent to set lD thls coptext
19
And I would also submlt to you that thlS
proJect -- while, agalD, we dOD't obJect to the
20
21
use -- lS slmply too lntense
WltD that, I woulc
22
23
24
Just ll~e to note fo~ the :ecorc, we as~ that YOu
25
take ]udlClal notlce of the ClCY of Clea=wate~
Comp::enenslve ~lan, the county-wlde plan, the
co~munlty developmenc code, tne coce of orClnances lD
LA~t~RS' CEOIC~, INC
127
1
8each-ay~Deslgn stanca~ds
We also have submltced a
2
number of Exhlbles lnco the recorc
3
I have a notebook of the exnlbltS that were
4
presented to yo~ on ehe sc~een wh1C~ we wlll also
5
suomlC tnat wlll, I hope, asslst you 1n your
6
dete~'fllnatlon
wltn thae, I'm avallable to answer
7
a~y quest1ons, and -- lS that lS all the exhlolcS?
8
And we appreclate you~ t1me very much
9
MR GILDERSL2:::V!::
T~anK you, Mr Sch.lff
Does
10
the Eoard nave any questlons of elcher M~ Scnlff o~
11
Ms na~.er or --
12
i"TR J02NSON
M~ SChlff, I have a questlon fo~
13
you
14
M?c SCHIFF Yes
15
MR JQENSON we've had eleven pUD11C hearlngs
16
on thlS thlng, and tnls lS noc the flrSe t1me I've
17
heard M~ Klmpcon's presentatlon
Where nave you
18
been?
19
I mean t~lS 15 -- I mean -~ lee me I1nlsn
20
I've neard hlS presentatlon fo~r tlmes 1n a publlc
21
nea::-ln<;
I have never once neare you~ cl12nt say,
22
hey, It'S coo 1ntenSe
I don't 11ke that
It's too
23
h..!.grl
whac about me?
24
~ll of tile sudden, at lasc second he~e, here
2~
J
you a:e
I mean I chlnk tne C1Cy has gone for months
LAWYE~S' CHOICE, INC
128
1
wlth trrem worklDg on tnls proJect
.~.nd all of the
2
sucden, here you are at last second saYlnq hey,
tney'~e gettlng -- I'm not -- I'm not gOlng as fast
J
4
as tney are
I want mlDe
Don't glve them the::-e's
5
MR SC::IF:
Well, we':-e here
rlrst of all,
(5
the ansl/ller
7
Mrt JOENSON
Hasn't there been eleven publlc
8
9
10
11
12
13
hearlngs? Hasn't your cllent --
MR. SCHI:F. No, Sl:-, tDere hasn't
MR JO::NSON
MR SCEIFF
MR JOHNSON
presented hlS case?
ThlS lS the Ilrst publlC hea::lng
Well, I've ~een to 'ern, Beach 3y
Deslgn
14
MP SC:iIFF
Let me tell you whe:-e we a~e In
15
the process
You are at YOur flrSt publlc nea:-lng on
16
thls request
You have the crlterla wDlcn are to be
17
conSldered
ThlS the flrst pu~llc hea::-lDg
18
19
20
There may have Dee~ other hea::-lngs lD t~e Clty
on aeacn By Deslgn
There may be hearlngs In the
future of the Clty
But t~e answer to you~ Guestlon
21
lS no, there have not been eleven puDllc hea::-lngs on
22
23
24
25
tru s rec;:ue 5 c
ThlS lS the lDltlal publ.lc nea~lng
ThlS board -- and che cOGe lS set u~ pretty
clea::-ly
Thls boarc ma~es some reco~uencatloDS and
ma~es some ceclslons
The flrSt tlme we've been
LAW{~~S' CHOrCL, INC
129
1
asked to ma~e a declslo~ on thls p:oJect lS today
2
M.? JOHNSQi\J
True
3
MR
SC:-::I??
.<l.l.nc thai:
lS wnere we
.... ~r Q,
c_......
tocay
4
Now, OU~ cllene nas met wlth ene ClCY
3uc OU~
5
posltlon lS, lS tnose meetlngs are l~relevanc lTI the
6
context of what you a~e hearln~ tocay
7
Now I ~espect cne tact that p~o)ects l~ke thlS
8
~et a lot of p~ess. They have a lot of meetlngs of
9
Clty COffiffilSSlons or local governments
But wr~e~e yOU
10
are coday In the process lS the actual publlc
11
hearln~, the actual quaslJudlclal hearlng where my
12
cllent has every rlgnt to objecc O~ to Suppo~t
13
dependlng upon wheeher or not L~ey llke the p~oJect
14
Sue thlS 15 the fl~st hea::lnq
I appreclate your
15
corrunent
16
M?. GILDERSLE:::V:::
A~y otne~ questlons? I do
17
nave one questlon for Me McElveen
18
MR McELV22N
':es. SlC
1 Q
--'
MR GILDE?.SLEEVE
In you~ oplDlon, your
20
cestlmony stctec chat because of the scale ane Slze
21
of the (lnaudl~le) development would nave a negatlve
22
lmpact on some abUttlnq p~Ope~i:leS
23
At wnat pOlnt anc wnat ~lnd of developmenc
24
would result In a poslclve fasDlon on the prope~LY?
25
Wnae would have to be Cone to thls (lnaudlDle)?
LAW[E~S' CHOICL, INC
130
1
M? McELVESN
Maybe wy focus is a llttle ~lt
2
more na::-:::-ow
From a legal sta~dpolrrc, if tHey
3
lmpliee that tney G1dn't have the slde
tEe 10-foot
4
side ya~d var1ance ane :ecuced the ne1gnt of th1S
5
proJect, there wouldn't be an lssue
Tnen hiS
6
prope~ty would be ~mpactec less, let's put .It trrat
7
Way, a standard where it currently 1S p~oposed
I
8
th~nk that's tEe mosc app::opClate answe~
It wOuld
a
-'
be less of an impaCt
10
MR GILDERSLE=:VE
Is the Don Cesar OuC of
11
cha:acter in St Pete Beach? Does that have a
12
negatlve impact on the (1~aud1ble) property?
13
MR McELvEEN
No
I c - - :10
No
No
No
14
We're not saYl~~ it's a negat.lve impact
It lS a
15
negaclve lmpact If the Don was to slde ya:::-d to slde
16
ya~c Wh1Ch 1t lS not and rlght to -- up to the
17
adJ01n1ng adJacent property Ilne, then lt would nave
18
a ne~atlve impac~ on tpe a~uttin~ p~opecty owners
19
Eoweve~, by movlng it in and protecting (De
20
air, light, and Vlew, it nas a much lower 1mpact
21
A~d 1t's tnat marginal difference 15 wnat we're
22
conce~ned aoou(
It's [nat marglnal lmpact on value
23
MF,
GILDERS LeE'J:::
A~
ul.
tnls tlme eoes staff Wish
24
to cross-exam~ne?
25
M? STONE
I have a couple of qUesc~ons of
LAWYERS' C~OIC~, INC
131
1
Ms HaJILlTler
2
{VrR GILDER-SLEEVE
Befoce we do that
J
(.lnaudlble)
4
MS PSTERSON
Actually, quite Simllar (0 wnat
5
you JUsc aSKed
Con51de~lng ene towe~5, lee's assume
6
for a=~uendo tnat we allow thiS proJect to go an2ad
7
With the towe~, and then Markopoulos came In and
B
wanted a towec spaced 100 feet apart, people to the
Q
.-'
SaUCE of 500 feet wouldn't have a rlghc
10
So are you Saying MarKopoulos woulc, tne::-efore,
11
have conslderatlon for chose people to not put a
12
towec tnat hlgh, or is that wnat ne sHould do?
13
MS P~'\iV[MER
Thece lS oppo~tunley on hls
14
p::ope~ty, because hls p~operty is enree and~a~nalf
15
acres, to creaee some dlstance If there were only one
16
tower on the sUDJect property because the standard is
17
500 feee
So the~e 15 oppo~tunlty to c~eate some
18
dlstance
19
MS PETERSON
(Ir:audlble)
At somE: pOine
20
ehe~e's gOlng to be someone who cannot pue a tower
21
up>
22
MS t- J>JVIME:R
Rlght.
23
MS PET2r~SON
It's gOing to happe~
24
MS Hi\lVJMER
If tnere's a lot of small
2S
p~opertles In a ::-Ow, that's correct
LAw!ERS' C~OICE, INC
132
1
MS PETE?.SON
Exactly
It's go~ng to ~cppen?
2
3
4
5
E
IYfS Hi\MME?.
Tr.ct's co::-::-ect
MS. PETERSON
MR [VIc2:LV::::::N
ThanK you
Well, o~ -- at that same ~ssue,
~here's market dew and
I mean Beach ay Des~gn clalffis
to some extent says tne~e should ~e a certaln flxed
7
nI.l.!wer of towers
So not every property ownec has
e
tile ::.lg-ht to
the flrst fou= or s~x, I belleve,
9
have a =Ight to have a tower up SO -- willeh ~s a
10
Ilmltat~on on the market wnlen It would p=obably
11
depend
It's not gOIng to demand a market fo= ten
12
13
towers OUt ehe::e
The lnac.equately spaC.Lng- tnem 1S
flne
So the flftn (lnaudlble) of ma::ket demand only
14
for towers
The flfth pecson tnat's unae::- that
15
lmpact, because there's gOlng to be a demanc for that
16
17
18
rlght anyway
You've gOt to nave de~and for lt to
nave valLle
MS PETE?"SON
Now we're gettlng bac~ to what
19
M= Johnson sale
Me flrst
Wnoever gets [nere
20
21
22
23
Ilrst get the p:lce
MR Mc:::LVE:::N live II , lt'S not ::eally E.L~sC
It's "tne flrse fou:::- people (lnalldlble)
MR SCEIFF Ag-a-Ln, Just to s Ur"'Tl up, I thougnt
24
I -- ane tnat's a very good qllestlon
Is lt a
2S
qLlestlon of who gets the=e flrse, 0= 1S lt a questlo~
LPWL:::~S' C~OICE, INC
133
1
of desLgn? ~~d che whole p01nc of Beacn By Desl~n
2
was not to t=eat p~oJects on an lndlv1dual basIs
It
3
IS to t~eae projects on an overall bas1s oy c1scrIcc
4
A~d one of the pLobleBs wIth thlS p~oJect 1S It
5
dIcn't conSlde= -- that's the wnole pOInt or
6
Ms HamBe~'s testImOny -- le dIdn't consldeL the
7
compatl~lllty, pe~haps, wIth the eXIst1ng, wnac's ouc
8
there today
Or, maybe, mo~e 1mpo~tantly, It dIdn'c
a
~
cons1ce~ tne compatIbIlIty wIth wnat should be out
10
there tomor~ow. A~d that's --
11
MS P~TERSON
Well, agaIn, you weLe qu1zz1ng
12
Mr Stone so harshly about pOSSIbly conslde~lng you~
13
prope~ty to the no~th
So you've got a GIchotomy
14
~olng nere
I mean o~ (lnauGlble)
15
MR SCHI?:
We don't nave a dIchotomy gOIng,
16
~ut -- anc I apologIze ~f It was harsh
It was DOt
17
Intended to be ~arsn
18
MS PET~~SON
Well, I uncerstand. I Just
19
meant (InaudIble)
20
MR. SCEI?F
3ut the pOlne the~e -- the pOlnt
21
there IS Just a separate pOlnt
Wnat would be unfaIr
22
eo my clIent IS to assume any pa~clcula~ ~roJect
23
I thInk It's Leasonable that you should assume
24
enac my clIent snoulc have an opportuTIlty to avaIL
25
Itself of Beach-3y-Deslgn scandarcs
But Jusc
LAW~ZRS' CEOICE, INC
134
1
because someone IS flYSe, YOu should not hu~t my
2
3
clIent
That's why we're fie~e coday
Our clleDt IS
gettlng hu~t oy tfilS pa~t~cula~ deslgn, ane It's our
4
pOSltIO~, the ~eason for that IS, IS that tillS
'3
pa~tlcula~ ceslgn IS too 1Dtense.
6
It they scaled It down or moved lt off our
7
8
9
clIent's sldel1ne o~ reces1gned It, WhIC~ we a=e, of
cou~se, a~e not ne~e co ceslgn the proJect, then they
could reduce those adve~se lmpacts
But 'IIfnat' s
10
11
12
happenIng today 1S you a~e not lmplemenclng 3eacn By
Deslgn
You are focus1ng on a single p~oJect withoue
conslderlng what 1S gOlng to occur around 1t
That's
13
why we th1n~ 1e's defectlve o~ deflc1ent In the
14
applIcatlon
M~ GILDERSLEEVE
Mr Stone?
15
16
MR STONE
Ms ~a~me~, lC'S my underseandlng
17
your offlce 1S In Tampa, correct?
18
19
MS HJl.j1ME R
Tnat's correct
MR STONE
A~d you all ~ave CDe oppo~tunlty co
20
do work on both SIdes of the bay, I assume, for both
21
Plnellas anc n~llsborough County ID tne oay area?
22
23
MS E?lvlrvr:::~
MR STONE
Tnat's co~rect
~ow would you cnaracce~lze the
24
gene~al economIC climate 1n thIS ~egIon lfi the past
25
c.ecac.e?
LA~[:::~S' CHOIC:::, INC
135
1
MS r....Al'fiMEP
By derlnltlOn of ~e~lon, you're
2
spea~lng now of (fie Tampa oay area?
3
MR STONE PInellas, hlllsDorough
4
MR hP~MER I thlnK It's been very good
5
MR STONE A~e you famlllar wItn the
6
Clea~Water Beach a~ea between -- especlally the
7
comme~clal area (lnaudlble) and Clearwater Pass?
8
MR ::F...MME?
In ~ene~al, yes
9
MR
STON:::.
ZI, ,-~
'- _c
you famlllar WIth qene~al
10
p~ope~ty values In tfie case of redevelopment and
11
renovatIon on Clearwater Beach?
12
MS SAi''IM:C:R
No, that's not my a~ea of
13
expert1se
I'm not an app~alse~
14
MR STONE
Well, YOu had tne oppo~eunlty to
is
author or a6~lnlster a redevelopment plan or speclal
15
aerlal plan?
17
M S E.AIVlfJI E?
No, I don't belleve so
18
MR STON:=:
One of tne cow~ents I nave made In
19
the (lnaudlble) or so PUOllC nearInqs that I woulc
20
llke for you to acdress yes or no In terms or you~
21
perspectlve, lS I had saId that In tfie decade of '90
22
when we've nad the hottest (lnaudlble) In tfie nlstory
23
or thlS country anc lowest lnte~est rateS-SInce wo~lc
24
Wa~ II, noth~nq of substance has occurr2C on
25
Clea~iNacer Beech
Would you ag~ee wltn that?
LAw!~?S' C~OICE, INC
136
1
MS HAj\tlj\'lER
I ~oulc agree thae the~e's Deen no
2
new maJo~ developments oue Lhe~e
That's cor~ece
3
MR STONE
Are you ramlllar Wlth tile plannIng
4
rIr~ of Anna Mo:-ton?
5
MS r:.AJ'1M:C:R
Ce:-talnly
6
7
8
9
M?, STONE
Are you famllla= tnat she dle a
(lnaudl~le) conceptlon report for Clea=wate= Beach?
MS f.c..\1"lM2R
I lea~ned tnat today ea=ller In
the scene
10
MR STONE
Are you famlllar w1th the flndlngs
11
of tnat =eport'
12
MS H~~MER No, I'm not
13
MR STONE Would It surprIse you to know cnac
ehe concluslon of that report was thac Clea~water
3eacn In tne a=ea that I was talklng about met the
state cr1terla for the ceflnlClon of (lnaudlble)
14
15
16
17
18
19
20
1Vl$ r-A1.'1M2R
I've worked on proJects that ~ave
met t~at crlterla before, and I'm not questlonlng
that that 15 a true sltuatlon
MR STON:::
ThIS case -- navlng p~actlced lil
21
thlS area and havlng eXtenSlve experlence that I know
that you have, when you have that ~lnc or a
22
23
24
Cl.cCLli'tStC':Ece, you nave that kInd of flnclng, you nav,::
that k1rrQ of econom~c cllmate, what frequently lS the
25
solutlon to that kl~d of lack of (lnaudlble)?
LAw~:::~Sj CEOIC:::, INC
137
1
MS H,AM"['I!E::t
A new project
Nm.... let me Just
2
say agal~ for the reco~c, we are not opposed to the
3
proJect per se, the concept of a new hotel
All ;",'e
4
are suggestlng 1S that we chlnk that tne p~oJece as
5
deslgned lS not approprIate fo~ thlS locatIon
6
MR. STONE
I underscand
WOuld a response to
7
that klnd of condItIon be some type of plan that,
8
hopefully, would nave the effect or cnangIng those
9
condltlons? LIKe a redevelopment plan?
10
MS H.A.MMER
':tes and no
11
MR STONE
If you have a~ area tnat nas had a
12
r1ndlng of beIng {lnaudlDle} you have an area tnat's
13
an economIC condltlon of no human Investment In thlS
14
type of economlC cllmate
15
MS 2AMMER uh-huh
16
MR STONE -- the no~mal plann1ng ~esponse to
17
that, I suggest to you, would be some type of speclal
18
aerlal plan or speclal technlque to change that
19
conCltlon
20
MS Hj>JJIril:::R
Tnat 15 t:::'lle
21
MR STONE
Do you agree wlth that?
22
MS H.~IJM:C:?
Y"'C:
'- -
23
M!l. STONE
So jOu're famllla~ that we ~ave~
24
Char~le (lnaucIcle) spec1cl ae~lal plan?
25
MS HPlil!'l\:=: R
Co~recc
LAw-IE?,S' C~OICE, HIe
138
1
MR STONE
And you nae an opporeunlty to
2
LevlelN "the plan?
3
MS ~~l~? I have
4
MR STONE Anc you understand that the ~lan
5
breaks the beacn down lneo geographIC a:eas?
6
MS E2\lVIMER
Yes
7
ME? STONE
A~e YOu ramllla~ wIth how he t~eats
8
tne vaLlOUS scale and cha:acter of development In
9
each one of tne qeograpnlc aLeas?
10
MS HA..iVIMER Yes
11
MP STONE And ~ow would you characte~lZe If
12
he has deflnec the scale of development In the
13
Gulfvlew corrldo~ as opposed to say the marIna
14
~esldentlal dlst~lct?
15
MS r...lI.MMER
Well, certalnly, tillS 1S an area
.. ,...
1a
that IS belng proposed fo~ more Intenslve scale
17
cevelopment
3ut he also states chac It's supposed
18
to be In scale and character wlth tne sur=ounclng
19
co~munlty anc, most lmportantly, p=eserve the llghe,
20
alr, a:id Vle!N
21
[VIR STONE
He nas, In thIS pa=tIcular
22
dlstL1Ct, Qeflned some lncentlves as are no=mally
23
foune 1n ehls type of plannlng docume0t,
24
=ecevelopme~t plan to lnCent -- 0= ~ove tne clImate
2S
OL change tne cllmate as opposed to tne publlC secto=
LAwYE~S' CEOICE, INC
1
139
and p~LVaee secto~ pa~tLcularly In the case or thlS
2
3
4
5
6
(lnaud1ble) repoLt
r.ave you had tile oppo~tunlty to
reVIew cne concept of the UTIlC (lnaudlble)?
!"IS KAM.MER
M9. STONE
Yes
So YOu'~e f~uIllar WltD ehe
c~lte~la chat he has laId Que to en~age In that
7
optlon?
8
9
10
MS :i.A..i'J\MEP
ME! STONE
I belleve t~e~e's ten c~lter1a
OKay
So loo~lng at It f=o~ a
speclf1C slte perspeCtlve. do yo~ know what the
11
mlnlm~m slte Slze can be as prescrlbed fo~ the use or
12
13
pool that 15 (lnaudl~le)?
MS HAi'-'!f'JlER
14
It was eIthe~ -- I don't ~eme~e~
It -- ail acre, a~ acre and-a-nalf
Mayne It'S an
15
16
17
18
19
ac~e and-a-half
M::\ STONE
I don't nave chat In front of me
It says the slte must nave a
mlillffiwu land area or ac lease one acre
MS Ii:).J"'1M~R
M.? STONE
20
21
22
23
24
25
Okay
A~d thlS pa~tlcula~ SIte lncluclng
the rlght-or-way has a SIte Slze of what?
MS HAMM::::R
IncluGlng cne ~lght-of-wai?
MR STON2 Yes
MS ~~~MEK 1 63
MR STONE
So you would aG~ee thac lC eAceeds
t~e mlnl~lli~ Slze tnae he's p~escrIbed (lnauclble)?
LAwY~?cS' C~OIC~, INC
140
1
MS. HAMMER
Co:::.-rect
2
M~ STONE In te:::.-ms of (lnaudlble), aLe you
3
fa~llla~ ~Ith the CLlterla that he's esta~llshec for
4
the use of the new pool?
5
MS F.AlVIMSE
Yes
6
MR STONE .~ld tnat lS?
7
MS HAMMER I can't rEmember whe~e lC IS In
8
tne c.ocument
a
--
MR STONE
Let me ~ead one of t~e c~lte:::'-la to
10
YOu
11
MS H..~.-M~r::R
Could you ~ead fro~ the page
12
MR STONE
Pa~aphrase dlSt:::'-lCC ltself --
13
(Many V01ces are speaKIng at one tlffie
17
MS HlvlJ-ME .R I have the document w1.th Tr!"e
M::t STONt: It's on page 45
MS PJ;J1MER Okay G:::.-eat
MR STONE Lower - - I mean tne left-nand
14
15
16
18
column on your ~otcom
19
MS Ei\l'1MEE
Okay
20
M::? STONE
WnIch says that the use of ehls
21
pool In thlS partlcular area as contrasted between
22
t~e other areas, I"ll paLapn~ase, allows st~uctures
23
up to 100 eo ISO feet
24
MS r~i\1'1r<[EF Co rrec t
2S
M? STONE
Ie establ1s~es In effece ehat the
LAwL2~S C~OICE, INC
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1
ffilnlmal amount of Slze of ODe ac~e, and allowance of
2
(lnaudlble) 150 feet?
3
MS HP.jVfME:\
Correct
I mean ObV10~sly, It's
4
per~lSSlble or we would~'t be here today
5
MR STONE
Have you had an opporeuDlty to look
6
at tile progress plans?
7
M$ 2:..'\l"VlfJIER
Yes
8
M~ STONE
Anc tOuTLe famlllar wlth ehe
9
POllClES In tne plan thac address tne ClrcumStances
10
tnac we have and ID a bUlle-out communIty lIke ChIS
11
that create (lnaudlble) and pollcles for areas thae
12
a~e consldered (lnaudl~le) cornmuDlty cevelopment?
13
MS hAMMER Cor~ece
14
MR STONE Would you rnl~d readlng for me
lS
G0lfvlew or OOJectlve 2 1 1~ the polley and 2 1 l?
" ,..
Lo
MS f.J'.J.'JjME R
The goals and polley?
17
UNIDENTI?IED VOICE
Just three
18
MS HAl1MER Oh, tr.e th~ee?
MR STONE Yes, Just those t.'lree
MS HJ.JVrM2::i. All rlght The flrse onE tnat
Mr Stone lS asklng me to read IS a goal statlng tne
19
20
21
22
Clty or Clea~water shall utIllze innovatIve and
23
flexlole plannlng and en~lneerln~ p~actIces and U:8an
24
aeslgn standards In o~der to proJect histor~c
2S
LEsoULces, ensu~e neIghboLhood p~ese~vatlon,
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redevelop lighted a~eas, and encourage Inflll
2
3
development
.~ld unde~ that we have OOJectlve 2 1
The
4
redevelopment of ll~nted areas shall be a high
5
6
prIorlty and promoted th~ough the l~plementaelon of
redevelopment plans and projects and continue an
7
emphaSiS on property maintena~ce scanda~cs
And then unde~ that, we have POliCY 2 1 1
Renewal or the beach tourIst dlscrlct silall be
8
9
10
encou~aged througn the use of design gUldellnes,
Innovated shared parkIng Solutions, posslble land
11
12
acqulsltion, transpo~Catlon imp~ovements, and
estaDlls~ment of a COmF~Unicy redevelopment area o~
13
14
areas
15
MR STON~
Would you agree tnae the normal
16
context of che application of the speCifiC
17
development ~egulations that had to seack up t0~ough
12
zoning code, to a speCIal area plan, to a
comprehensive plan ~ormally ~esult in a set of
~egulatlOns that are, In a sense, customized
They'ce not the ~lnds of regulatiOns tnat ~ou would
19
20
21
22
23
24
25
normally apply to a healthy enVlronmene
you ~ouldn'c need to do cnat?
Otherwise,
MS H"~M~~
Co~rect
~R STONE
That's all I have
LA~!~~S' CHOIC2, INC
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2
MS HJ.JVlMEP
Just In response to all of tnls, I
don't see where any of tnese pollcles o~ goals are In
3
confllct WltD anythln~ tnat I've sale
The
4
co~p~enenSlve plan lS to be looked at as a total
J
document:
So you have to look up all or the pollcles
6
7
8
9
In the conce~t wneD you revlew any paLtlcular
proposal
And I thlnk what we round tnls pLoJect to
be lnconslstent wlt~ were the polley lS deallng wlth
compatlblllty wlch sur~oundlng propertleS
Thank
10
11
12
you
iV!R SCl.-iIF?
I won't ask for a~y tlIDe to --
M~ GILDERSL:::::VE
Thallk you
13
14
MR SC:lI2?
wlch respect to iV!s Ha~er
I
thlnk sne spoke fIne
But I would llke to note ro~
15
the reco~d, we prevlously noted tnat the~e lS no
commun~ty rede'"elopment dlstrlct ehat eXlsts today on
16
17
18
Clean\later oeacn
So I would obJect eo the relevancy of tnose,
19
Just for the record, Slnce you need a -- you know,
20
WillIe It's a wortny goal, It may be somethlng tnat
21
eventually comes to pass
As we Slt ne~e today, It
22
23
does nOt e..<lSt
MR GILDERSLEEV:::
Thank you
Ae thl S tlfi1.e
24
does ehe applIcant wlsh to cross-exarolne? Then we'~e
25
~oln~ co 0920 thlS co the publlc as It ~s a punllc
LA'NY~~S' ChOICE, INC
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hearlng
MR GE~RING
Just a few questlons
I woulc
ll,e to know l[ Ethel Hammec cOuld come Dack up fo~ ~
moment
CROSS-EXAMINATION
-v
~,
MR
GEERING
Q
Ethel, as a p~actlclng planner, have you
8 prepa~ed any plans unGe~ the clty'S Dew cede structu~e as
9 aoopted most recently lD the last two yea~s?
10
11
12
13
A
For the Clty or Clea~water specIflcally?
Q
(Nods head )
A
No
Q
Have you prepa~ed any plans or gUlce In the
14 development done u~cer aeac~ By DeSIgn?
lS
16
,
n
No, I have not
Q
Could you clarIfy, and It's fOune on -- lS
17 the~e a balance? You'Le accressIng speclflcally mass and
18
scale
There 15 a JOl~t set or be~eflclarles occurrlng
19 Dere
20 Do you belleve tnat a 250-yoom hotel, WhlCh IS
21 a goal of the Clty to achleve Wltn a quallty flag and a
22 p~bllC pa~klng (lnauclole) avalla~le co tDe publIC ace
2J DoeD publIC (lnauGlble)?
24
2S
A
AgaIn, I'll state ror tne reco~d tnat we have
no ~roDlem WIth the concept of the hotel
we nave no
LA~~ERS' CHOICE, INC
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problem wlth the concept of the parklng garage
we Knov{
It' 5 needed
Our conce:n IS wltn tEe speclflcs of the
3 desl;;n
4
Q
Coule you expound on -- 15 chere
I don't
= ~now now to practIcally ask tnlS
6 You snowec In you: g~aphlc analY31S a
7
cornparlson
I p~esented In my q~aph1c analyS1S my
8 representatlon of whae you~ cIlene has proposed publlCly
9 In the publlC recocd for hlS proJect, not necessa~lly
10
11
offlclally SubmItted as a prOJect
.A...i'1G that was
conslce:ed to be lnapp=oprlate and obJected to
Anc you
12 snowed a nypotheelcal condltlon of puttlng twO of ou~
13 bUlldlngs slde by slce
14
Can fOU eApanc on wny tDat lS an Inapprop=late
lS repceseDtatlon?
16
A.
I only dld tEat -- and I sald thlS was not
17 meant to su~gest tnat anybOdy could bulld two bUlldl~gS
18
slde oy slde tDat were lde~tlcal
It was Just aD atte~pt
19 to snow the -- Just a posltlon of tWO p~OJectS of the same
20 scale, OU1K, and lntenSlty lmmedlately adjacent to each
21 othe= WIth both p=oJects DavIn;; ze~o set~ack
22
Q
You also oplne to tEe opeD space elemencs
Do
23 you belIeve that ehe removal of 317 ca:s of parklng and
24 tnE ~Eallgnment of GU~rVIew Boulevard and the creat~on of
?~
_:J
a landsc3.pe ai1lenltf or, trle property r.::-ontage, wnlch ''''Ill
LAWY~PS C~OIC~, INC
146
1 occur as par~ of ChIS proJect, and unde~ the development
2 agreement ehe prOJect, IS a qualltatlve lffiprove~ent to
3 condltlons of llght, alr, and Vlew?
4
A
Tha~ 15 off your property boundary
PIld tne
5 cLlterla In tne code con't speak to off-slte lmp~oveffients.
6 The coce speaks to whae 15 wlthln tne bouncarles of tDe
7 p~oJect ana can be evaluated
8 Q If tnls cevelopment ag~eeme~t encumbers us to
9 delIver that fu~enlty c~eatIng an expanded slte ooundary
10 really ove~ the entlre beach front remOVIng an
11 aueO-lntenslve zone and makIng It a pedest~lan r~lendly
12 zone, whlle It may not be on our controllec prope~tles, 15
13 pa~t of tne, quote, the p~oJect
14
15
16
17
18
19
20
MR SC~IfF
I'm gOIng to object to that
T~at's not a questlon
counsel o~ whateve~ --
That IS argw~ent on Dehalf of
MR GILD~RSLEEV~
EXcuse me one mInute
MR SCHIF?
~- It's (lnaudlble)
MR GILDE~SL~~VE
~~ Genrlng, wny don't you
~ephrase It
21 B~ MR GEH~ING
22
Q
Is there a ~alanclng of benefIt between the
23 characte~ of the ceSlgn of the project on It's p~ope~ty
24 and tne assoclated publlC amenItIeS p~ovIded ~n Beach By
25 Desl~n?
LA~!~~S C~OICE, INC
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A
I ~hlnk tnat the lncent of thIngs llke cpen
2 space and Impervlous se~vlce ratlOs are meane to ~e wlthln
3
a proJect
~~d what tDe developer ag~ees to do off slte
4 IS, In essence, some Klnd of mltlgatlon ror hlS proJect
5 and doesn't speak to cue In~enSlty of deSIgn on hlS own
6 slte
7
What Mr Genrlng IS speaklng co lS, of course,
8 ffilclgat10n for hIS prOJect that 1S belng done out In the
9
pUDlIC rlgnt-of-way
~~d I don't tnln~ ehat goes to the
10 hea~t of provldlng open space wlchlTI a glven proJect
11
Q
Are yOU farollla~ wlth eDe 021 p~ocess and
12 threSDold for a motel?
13
14
is
16
17
18
19
20
21
MR SCHIFF
I'm gOlng CO obJect on relevancy,
but he can go forward wlth tnls
But It's totally
not relevant to thIS proJect unless ~e lntends to put
on wItneSses that hlS prOJect 18 a ORI
OtherWl8e,
I'm gOlng to contInue the exam ~etentlon
MR GILD~RSLEEVE
Mr Geh=lng, why don't you
go ahead and ask the queselon --
MR GEERING
Ask the queStlOn
MR GILDE~SLEEVE
And I wlll dete~~lne from
22 BY M~ GEERING
23
Q
The scale of -- I'm transfe~rIng the record to
24 scale of p~oJect to ce thresnold for DR1
25
A
Yes, I'm f~mlllar wlth ehat
~gclnt qulte a
LAw~~RS' ChOICE, INC
148
1 few years
2
J
4
Q
Thet numbe:::- lS?
A
350 rooms
Q
350 rooms
A~e you awa~e that both proposals
5 that have been promulgated PUOllCly by you:::- cllent exceed
6 the DRI thresholc'
7
8
A
I don't see the relevance of that
My cllent's
property lS three and-a-nalf acres
It IS more than CWLce
9 as large as thIS p~ope~ty
10 So If he's p~opOSlng more than 350, you're
11 proposLng 250 on somethlng that lS less than naif tDe
12 Slze
13
14
Q
ror tue record then, are -- II that
Cor:::-ect
were to occur In a prlVate property of
at th~ee
15 anc-a-half acres or 518 acres or (lnaudl~le) fo:::- property
1 ,-
_0
at three and-a-nalf acres at 600, It would be relatIVely
17 on a hlgh end 171 unIts per ac:::-e versus 142 on the low
18 end
19 If our prOJect next doo~ lS 156 --
20
21
22
23
24
?,-
_:J
MR SCHI?;:
AqalTI, I have to object
ThIS lS
testlffiony
We're In a c~oss-examl~atlon stage
MR GILDE?SLE:::\/=:
M:::- SChlIf, let me
recognIze -- Me Scnlrf
!v'f? SCHI:F
Can I JUSt have a stanClng
obJeCtIon? And I won't keep gettlng 8aCK u9
Eut
LAW~~?S' C~OICZ, INC
149
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that IS teselffiony or the acvocaee fo~ the appllcant,
2
and that's not wnat cross-eX~~lnatlon lS If ne has
3
Guestlons for my Wltnesses, have at It but that's
4
not queS"LIOnS
5
M:R GEHRING
Ie's to tne pOlnt, M~ Chal~~an
6
If you ~Ish to come up and argue compatl~lllCY and
7
you put prOJects and plans lnto publlc =eco~d that
8
nave ce~taln levels or denSIty one Intens~ty, I'm
a
-'
trYlng co decla~e the ~ounda~les of IDcompaclblllty
10
thae Ms 2ammer's oplnlng to wheD between one
11
forty-two and one seventy-one, our denSIty at one
12
rlrtY-SlX would te on 1
1 6 ac~es IS certalnly In
13
the range of what they have proposed
So I'm t~Ylng
14
to determlne where we are Incompatlble
15
MS hJ.JiIj[VIE R
We have proposed nothIng In tne
16
offlClal records
And what my clIent eventually eDds
17
up comlng fo:wcrd wlth as an offlClal applIcatIOn lS
18
yet to be ceter~lned
19
MR GEHRING
Tnat's the pOlne or
20
clarlflCatlOn
I'm t~ylng to ceflne what IS
21
lntenslty glven 1rYhac I'Ve experIenced In nLillle~ouS
22
publlc hearl~gs chac I've waccned
we havE all been
23
co-appllcancs lD frone of tillS commlSSlon
we JUS C
24
happened to nave fllec an a~pllcatlon
Ene of
25
queStlonlng
LAW!ERS' CnOIC~, INC
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150
The -- I'd lIke to as~ cne econOffilst one
queStIOns, please
MR McELVEEN
Just as a clarlIlCatlOn, I'm not
eco~omlst
I'm a ~eal estate app~alser
CROSS-EXAMINATION
6 BY MR GE~RING
7
Q
Real escate appralser
Flne
Are you educaeed
8 lrr the dlsclpllrres or plannIng?
9
10
~
~
No, I a~ not
I (lnaudlble)
Q
Are you educated In any lacest control
11 mechanIsms, condltlons of setbac~, and tne characte~ of
12 development?
13
A
I fu~ as far as It relate3 to my p~ofeSSlon as a
14 real estate appralSeY, tDat a proper pollee towe~ 15 a
15
functlon or value, yes, I am
Other than that, I can rely
16 on Ms ~a%uer for her expe~tlse
17 Q Then your a~lllty to ne spoke to on the
18 conCltlOns of tDe slce yard setbaCk beIng ~educed to ze~o
19 haVIng an lmpact, can you quantlfy that relatlve lmpaCt to
20 the magnltuce or the benerle of the 65-mllllon-dollar
21 prOJect OCCU~Llng so we have some balance between the
22 (lnaudlble) and benefIt?
23
24
A
My whole pOlnt 15 tTIat there lS no questlon a
6S-ffillllon-collar pLOject lS a ~enef~t
It would oe even
2S wore benefIC If they coula bUlld thelr ~roposed p~oJect
LAWY~RS' C~OIC~, I~C
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151
1
wIchln the gUldellnes of the Clear~ater code
And we
wculdn't even be he~e
- ~
~~
they were to do ehat
3
Thelr lnslstence on ~eln~ able to bUlld a zero
4 lot llne, taKIng alY, lIGht, and VIew away f~om my
5 clle~c's properLY, ma~kec eVldence lS clear thac a
6 reductIon of aIr, llgnt, and Vlew IS a reductlon In value
7 Q If we remove -- speaKInG to YOu~ setback
8 t~eocy, II we remove pa~kln~ spaces In auto-related zones
9 In front of the sUDJect area and enhance (nat I~to a rully
10 landscaped zone ane dlSt~ICt wleh pecestLlan cl~culaelon
11 and Iacllltace the Clty'S Goals on that behalf, and we
12 prOVIde a parKIng resource on our slte, lS tDere a
13 co~~espondlng benefIt to the sur~oundlng prope~ty value In
14 that prlce?
1~
16
A
Absolutely
I thln~ Ie's a ~enerlt to the
communlty
Any cevelopment would be
AgaIn, ~Olng bac~
17 to my oClglnal state~ent, lr they can bUlld thelr ~~oJect
18 ~etalnlng the 10-foot slte setback and ~elgnt l~mltatlon
19 of 100 feet, there woulc be a greate~ communlty benefIt
20 a~d beneflt to the aDutelnq properey. Tnae's the wnole
21 lssue
22
It's tne marglnal loss In value
Your wnole
23 argument or 9a~k~n~ and so (lnavdlble) belnq of value IS
24 GI~ectly what IOU re talkInq about he~e In reducClon of
25 the (lnaudlble) p~ope:tles 10-fooe slte o~ al~, llq0C, ane
LA~!E~S' CEOICE, INC
152
1 Vlew
2
3
Q
If I had the photo~caphs, I would show YOu my
abuttlng -- our abuttlng 10-foot property Ilndlng
But
4 there a~e tentaclve setbacks WhICh are baslcally used for
5 seorage and mateclals and dumpsters
6 And If you can tell me why -- what economlC
7 oeneIlt as belng recelved Irom those other pleces of
8 prope~ty -- and I'm lecturlng here and I'm not
9 questlonlng
10
The only otne~ questlon IS, IS there a
11 correspondIng value thac you can place that's occu~rlng
12
13
14
because of
II thlS p~oJect we~e apPLoved?
You seem to you oplne to the fact that It's --
of cou~se, It would have posltlve value
Do you know tne
15 magnltude of value or (lnaudlble)?
16
A
That's not part of the asslgnmenc because
~o
17 that's not part of the crlte~la In the Clty code ror
18
19
Inrlll redevelopment
I can gIve an oplnlon In dollar
the crlterla of the code IS a
amount, number
It's
20 relatlonshlp wlth decreased value
21
22
23
24
25
MR GEH~ING
I only have one ocher questIon,
buc I don't know whetner It's appLoprlate co the
planner or -- che attorney can't anSWeL ~uestlons,
cor~ect?
MF SCEIFF
I'll oe glad to
LAWY~~S' C~OIC~, INC
153
1
MR. GEH9.ING
The sU~Ject p=operty In questlon,
2
ane I'll -- whoever can flelc tnls questlon, answer
3
It
Anyone knows t~at tnlS IS the a~uttlng parcel
4
Do yOU Know how long yOu~
you~ representlng pa~ty
~
")
has Owned that p~opercy?
6
MR Mc:::LvEEN
I can spea~ to only po~tlons or
7
It
They've accw~ulated t~IS p~operty, some -- Slnce
8
the ea~l.'! 19805
Some thef bought Just recenel.'!
9
The~e's been a varIed mlX of assemblage, I belleve,
10
of four dlfferent p~opertles
11
MR SeHI??
I can speaK eo that
YOu asked
12
and I l/lllll
There lias been asse~llng over tlme
My
13
cllent owns all of tQe aouttlng propertlEs to the
14
nortn
They CO have expectatlons to cevelop tnose at
15
some pOlnt uncer the Beach-By-Deslgn crIterla, and
16
we're here today because tnlS proposec project Goes
17
noc -- adversely affects both It's eXlstlng and
18
proposed development (lnaudl~le).
19
MR G~H2i.ING
Thank you
Go~don, do you know
20
the closlng date on the acqulsltlon or [nat pa~k
21
(lnatldlble)?
22
MR SCHIFf
I know It'S a matte~ of pu~llc
23
record
we'll be glad to submlc those to you
24
ceeds to yOU
2S
M:K GEE::ZING
o ~-( a y
Well, I would -- I waule
LAwY:::RS' CHOICE, INC
154
1
state -- ane you may correce me If I'm not
2
appropLlate -- that I belIeve It closed In Ma~ch of
3
lase yeaJ:, 2000
4
MP GILDERSLEEVE
M~ Gehrlng?
5
MR SCUFF
The~e's no ~elevancy co ChlS
6
anY;l'iay
7
iVlR G:::ERING
Okay
Felevancy or lC plus my
8
questlon I Delleve the prope~ty was closed on
a
J
March Our pa~eIcular p~oJecc nas been -- our flLSt
10
development agreewene drafe was prepa~ec In Ma~ch of
11
last year wlth the cICy Commlsslon
12
There was PU~lIC exposu~e. full advertlslng a~d
13
artlcles on ou~ prOject wlth scale, anc our concept
14
plan was lD the publlC reco~d before t~IS party
IS
closec on that prope~ty
So I'm seatlng for [he
16
record. he had substantlve ~nowlecge prlor to
17
acqulslclon or the scale of cha=acter a~d lntenslty
18
of our project
19
MR. GILDE.2.SLEi::VE
At enlS pOlnt. Mr SChlrr
20
MR SC::Iff
I would ll~e to put anocne~
21
OO]ectlon In the record
ThIS was c=oss-examlnaelon
22
I move to strIke all tne cestlffiony of M= Gehr~ng
23
Whaeever ehe deed shewed In the PUOllC reCOLd
24
we'll be glad to gIve eElS board, and yOU can see
2S
when my cllent pu=cnasec property
Sue Ide wOU.lC
LAw{~~S' C~OICE, INC
155
1
obJect to relevancy and teStl~ony by tne advocate for
2
the a;;;pllcant
3
fvTE GILDE:RSLEEVE
Thank you
l'.t tfns tIme I
4
we'~e gOlng to open tne publlc hearlng for those who
'5
may be In favor of the applICatIon
6
If anyone nas not DeeD. sworn In and yOu are
7
gOlng to teStlIy, If you could rlse at thlS tlme anc
8
De swo::-n In
Is anyone In that cateGo~y?
Q
J
well, why don't You come ahead
Are you a
10
proponent or opponent?
11
MS GARRIS
I've Just got a few questIon to
12
ask you
13
MR GILDSRSL::::::VE
Why don't we go ahead and
14
swear Ms Gar~lS In
1 -
_:J
(MS Ga~rIS 15 duly sworn to tell ehe truth oy
16
IVjs Moses
17
MR. GILDE?-'SLEEVE
What I wOULd llke to do at
18
thlS ]unctlon, chough ~- if yOU are lD supporL of tne
19
appllcatlon and Wlsn to speak, please come forwa=d
20
And lr you would state your naBe and acdress
21
rar the record
22
M:fI BIGSTA.?F
60b Blqstaff (pnonetLc)
1007
23
:::ast DUITle Road
I'm In ravo~ of tne ~eductlons
But
24
~Olnq ~ack a lIttle ways, ehls could actually --
25
actua~ly be t~e best thlnq t~at happened
Because
L~NYE~S' C~OICE, INc
- ~ ~
L~O
1
about rIVe yea=s ago when Mlc~ael (lnaudl~l~) came In
2
here, he was the one tnat sta~tec the redevelopment
3
plan
4
SaId to myself, tnat makes senses
As we come
J
l~tO develop, now we can make It to go anead
6
and ~e -- get along WIth tne p~opertles as cevelop
7
(lnauClole)
Inltlal development, you bullnose It
8
down and you seack It up
9
The county made a mlseake
I don't see wnece I
10
made tne mIstake
I have beeD tal~lng wlth nlffi Just
11
as a CltlZen, and tal~ed wlth nlm on the property and
12
asked questlons
And I belleve that the ODe that lS
13
~e~e today should go up JUSt tne way le lS, but tDere
14
was one blg mIstake made
The county Kept looklng at
15
the plan
1 ~
-~
If he had taxen ~e Gown by Ple~ 60 and cOffilng
17
south on Ple~ 60 up to tne Adams Mark aile
18
theoretlcally made a presentatlon s~etch of wnat he
19
wou~d llke to see, glve people an lcea of now ne's
20
thlnklng, _l~ could ~ave got wltn the Days-Inn people,
21
he could have got WIth t~e othe~ group
nE coulG
22
have got wlth the faxes as they came In, and tile
23
clffe~ent ones that came In
~e would have nac
24
somethIng that De could nave gIven SOWEone ll~e
2:
myself and other people In tDe Clty a V1Slon of w~at
LAw~~?S' C~OIC~, INC
157
1
he'd llke to see
2
I can see thae t~lS S~~lp of p~operty rlght now
3
from Days Inn on up to a~d lTIcludlng thlS one ne~e,
4
(here's no ~eason why toat coesn't go eogetner excepe
5
thee we Dave so~e dlfferent trends or thougnc when lC
comes to recevelopment or sometImes plannIng
6
7
We ove~looK some of the chlngs that are LIght
8
9
10
11
In front of uS
We overlook some of the IndlvlduaLS
that don'c have a bac~g~ound In Leal estate o~ In
developments o~ anythIng lIke t0at
They may be
12
13
engIneers of a clfferent tipe
We never would nave got the opportunlty -- I
would have neve~ have got t~e opporcunlty co speaK to
14
tfilS board from the staff
I have arguments wlch
15
16
them now and then, Dut I agree wlth wfiere they're
headed
And anytlme eve~y~ocy ag~ees on somethlng,
17
sometnlng's gOlng to go sour somewhe~e
There's got
18
19
20
21
to be someone tfiat -- out as lo~g as you do It on a
constructed basls
I can enVlSlon what these gentleman nere have
pUt up, and I can see what Days Inn nes got
And I,
22
23
In my vlSlon, can see whet lt can look ll~e and all
of tDe thlngs chat ou~ consultants talK eo us aoout
24
But as long as we loo~ on a const~uctlve way, and as
2S
long as we don't loo~ dlscou~aged, nothlng has ~een
LAW!~~5' ChOICS, INC
158
1
stopped he:-e
2
I tnlnk what's happened IS we've come to a
3
meetln<;
I don't know how we reached It, out we'Ve
4
comE: eo It
Now the group can get to<;etner and make
5
tnat sectlon CDe ~e<;lnnln<; of our reGevel09me~t that
6
started f1ve years ago.
7
I'm 1n favor of It, but It's not as ltself a
8
loner because 1t 1S too small for thIS ~lece of land
a
~
tnat 1t's on
But If the:e was anothe~ plece that
10
went Wlth It, all around It, the~e's no ~eason fo~
11
anyone to stop It short
12
MR GILDERSLEEV~_ T~an~ you
13
MR BIGSTA?F
Thank you
14
MP GILDERSL::EVE
Yes, ma'am
15
MS GWALLA
Good afce:-noon
r-ry nfu"lle 1 s
16
r.Illary Gwalla (phOnetIC)
My hus~and anc I llve at
17
110 VauC;nn D:-1ve wnlcn IS wltnln tne 500 feet of
18
wne:-e thlS propert.y IS gOlng to go up
19
we are 1n favor of cef1nltely of Imp~ovement O~
20
the beach
&LC I tnInk what's been p~esentec to us
21
fo~ th15 Mar:-lott 15 quallty anc certal~lf WIll oe a
22
ve:-y st:ong ImprOvement OUt t~ere on the ~each
23
I do Dave a couple of conce:-ns t0at I would
24
llke you all to address ,WIth t'rns pror;rarr.
l1...nd ena c
25
IS, yes, we need a ga:age
We also need a Detter way
LAWY~~S' C~OIC~, INC
159
1
to gee people on end off anc In anc out of tnat
2
~a~age
3
I Ilve the [lrst DOuse lnslce
The -- there's
4
days I can't get out or Devon
Tnere's days I can't
5
get IntO Devon
ThIS afternoon In ordec to get eo
6
thIS meetIng, I had to go to Sand Key aDd come
7
tnrough Eellea~~ because enere was a truck In the
8
(lnaudlble)
P2C, so, the=efore, It was all baCKed
9
up over there
10
Now, you know, enat's funny, I know
But It
11
Isn't runny when you're t~Ylng to go someNnere
All
12
rlght
I also ~now tnat my hus~and and I ~alsed
13
seven chIldren hece
We would taKe them eo the
14
beach
fulC wneD the thu~derbooms came, a lot of
lS
people trIed to leave at the same tlme, and toat
16
hasn't changed and neve~ WIll change
17
SUt I'm glad to hea~ tnat there's a ~~oup tnat
18
wants co CO a quallty hotel llke tfilS one 15
I'd
1 a
_J
llKe to eDCOU=age you all In youe place t~at t~e~e'5
20
got to be trarrlC add~essed as fa~ as how's It gOI~g
21
to get on and how's It ~olng to get off
22
It's wo~derful to buIld a ga~age
It's
23
wonderful to DUlld a notel
That IslaDd can hold
24
only holds so much, and tne~e's tlme tuee I really
25
Dell2ve It's gOlng to s~nK
3ut my nusband was DoeD
LMNfERS' CEOICE, INC
~
161
1
Mr Stone talks abou~ Mr Seaman llke he, you
2
know, created the unlverse
~~d that he has -- tile
J
ract that he has sale here's the c~lte~la, but It's
4
all rlght fo= us to 19no~e It
I mean tney're
5
M~ Seaman's CYlte=~a, and he ought to be the ODe wno
6
says and eVerytnlng else nas got ~o follow
7
But that's beslce the pOlnt The pOlne I want
8
to make wltn you lS, tnls IS a copy of the -- a page
9
of the Charter, Clea=water Charter
And It says, no
10
rIght-of-way o~ easement wnlch termlnates at OY
11
provIdes access to tile wate='s edge of a body of
12
fresh or salt Water maybe vacated for p~lvate
13
benerlt
NothIng contaIned In tillS sectlon snall
14
pcesent an easement for utIlIty pu~poses, and It goes
1~
)
on
16
Now, years ago, the Clearwater 3eacn hotel
17
wanted to vacate the street between lts hotel ane lts
18
annex
AI_d they clalffi, tne attorney -- tile Clty
19
attorney, they SalG -- all It salc was, no
20
rlght-of-way or easement WhICh termlnates at toe body
21
or water
And tney sald on, well, It ter~lnates at
22
the beacn
So It doesn't really termInate
So the
23
people of cle~r~ate= ae the DeAt opportun~~y put lnto
24
cne =ere=endum tillS addlClonal or easement WDlch
2S
ee~mInates at a tody of wate~
LAW~~RS' cEOICE, INC
150
1
out tne~e so I guess l~'S not ~onna
2
But, anyway, I appreclate wnac y'all a=e dOIng,
3
and I have to commend you after havln~ to Slt througn
4
thIS meetIng tocaj, cOIT@end you hlqnlj
5
M? GILDERSL:::2VE
Thank you
,
o
MS GW.-:" L LA
Thank you
7
MR GILDERSLE::::VE
Is the~e anyone else wlshlnq
8
to speak In favo~ of the applICatIon?
a
--'
(No response )
10
MR GILDERSLEEVE:
Tnere beIng none, those In
11
OPPOSItIon (lnaudlble)
12
r-rs GARRIS
I wlll come under that category
13
would yOU pass that
14
MR GILDE~SLEEV2
Ms GarrIS, would you gIve
15
us you~ name anc address for the record~
16
MS GA?-RIS
Yes, SlY
My name lS ~~n Ga=rlS
17
I lIve ae 38 AcaCla Screet, God Delp me
Beyond t.he
18
parklng, beyond WhlCh I have (lnaudl~le).
19
I have
I have lIstened from the ve~y
20
beglnnlng to t.he effo=t.s to put toget~er tnlS
21
p,:oJec[
And I thlDK It'S good to ~ave a Dlce ne~
22
p,:oJect on Clearwater Beach
I totally ag=ee wIch
23
tile arguffien: that It IS way too nlgD a~d way to wlde,
24
a~d there's eh~s llttle p=oblem that I thlnk you all
25
need to conslder
LAwiE~S' ChOIC~, INC
162
1
I submlt to you tnac botn Fl~St Screet and
2
Flftn Screet or T~l~d Sc~eet o~ whatever streets that
3
tney are wantlng to vacate for thlS purpose, lC lS
4
a~alnst the Charte~
fu~d I ask YOu to table thlS
5
watte~ untIl someone has founc out f~om someone Wlth
6
due ~espect to our CIty atto~ney -- I -- who 15 hlred
7
by a Clty CommISSIon, I would lIke fOL ChIS g~ou~ to
8
ta~e the responslbllLty foc ta~llng thlS matter untll
Q
J
such tIme as you have a derlnlClVe legal answer as to
10
wnEtner ehe people of Clearwater have a rlgnt to nave
11
thIS access contInued
12
A~C ln case -- a~d tnIs lS out of respect for
13
the people
3ecause II tnlS charte~ says you can't
14
do lt, then they need to go back to the drawl~g
15
Doard And the sooner they do It the ~ette~
16
I submIt to you, Slr, thae at last Thursday's
17
meetIng we we~e told by Mr Stone ehat tnere were
18
stlll GOClli~ents to do wlth thIS Slee plan that hac
19
not yet been presented
So as of today, thlS IS the
20
flYSe real publlC hea~lng aboue tnls prOJect because
21
~obody knew exactly wnae It was gOlng to oe untIl tile
22
re9o~t was In
23
So tnls buSIness of eleven heaclngs on le, I'm
24
so~~y, they we~e talklng about SOmethIng othec ehan
25
what you a~e lookIng at COCey
Then~ YOL
L~N~ERS' CHOICL, INC
163
1
MR GILDERSLEEVE
Thanl.( you
Is there anyone
2
else that wlshes to speak In Opposltlon?
3
M::\. ROSSEN
My name lS Edga~ Ke~net~ Rossen
4
I dan'e ~now If I'm In oPPoslelon or In favo~ of enlS
5
proJect, but I would lIKe to glve you some lnslght
6
lnto the backq~ounc of
- ....
~L
7
I'~ the p~eVlOUS owner of tTIe Spy Glass Motel
8
and the Golcen Beach Motel
I was also an owne~ of
9
the (lnaudlble) Motel (lnaudlDle) wPIch has been,
10
lnClcentally, redeveloped
It's now Ped ~oor Inn
11
MR JOENSON
And It looks ve~y good
12
MR ROSSEN
I thlnk so too
But let me
13
mentlon fIrst tne (lnauQlble) developwe~t
I thlnk
14
Mr Stone has IndICated that It's not an lwpo~tant
lS
development
It's not a maJor develop~ent
But
16
maYDe It Isn't, but lt's a nlce development
17
That development SltS on an acre and-a-nalf of
18
land
Tne UTIltS allocated to the development when I
19
owned It were 72 unIts
The Red Roof Inn that Slts
20
tnere now 15 72 unIts
2l
A request was made oy t~e buyer of tne p~ope~ty
22
of all unIts, and ne was cold thlS could not be
23
accommodaced
See~ac~s had to be hono~ed, off-stLeec
24
parklng had to De hono~ea whlcn he dld
.\nc he
25
ca~~led lt off and he nas a ~lce 100klng developmene
LAw~ERS' C~OICE, INC
164
1
2
3
4
Certalnly bette~ tna~ wnat was the~e for the last 2S
yea~s (lnaudlcle)
Ten years ago I got a plan to redevelop
(lnaudlble) and was told It coulc not ~e done
Now
5
we have a coce anc now we have a Beach By DeSIgn
6
whe~e chese cevelopments can be done
Mr -- o~ ehe
7
new development beIng proposed had an oppo~tunlty to
purchase the Spy Glass and the Golden from me a
llttle ove~ a yea~ ago
8
9
10
11
They nad seve:al people wno a~e looklng at
pu~cnaslnq tne prope~ti lncludlng Mr Ma~kopoulos,
and It Included two or tnree others who pad comE lD
12
13
15
to loo~ at the ~Edevelopment In Clea~wate~ Beacn
Other pu~cnasEs who ~e-evaluated at that tlme,
Mr Markopoulos was the only ODE wno could close
14
16
~apldli on tne prope~ty
Ac wy age of seventy-two, I
17
was anXlOUS to reCI~e and sell cne property, put It
for sale, but una~le to oe (Inauclble) untll the
18
19
20
present tlIDe
21
Now we have t~e oPPoLtunlty fOL a complete
~ecevelopmeDt of Gulfvlew Bouleva:d from PleL 60 to
22
Ad~~s Mark
I con't see a plan for the wnole a~ea
23
24
I see a redevelopment lailn~ out of the st~eet
I
see a ~oarGwalk qOln~ In, cnc I see an lcea
3Ut
25
the~e's ce~taln ocner facto~s tnac enter lnto tne
LAw~SKS' C~OIC~, INC
16::
1
prlvate part or redevelopwent
2
As I unde~sLand It, the cley's mace avallable
3
600 unIts of denSlty pool to be allocated to
4
yedevelopmeDt proJects
They've offered to vacate
5
the streets and so forth
6
I'm In favor or Mr -- of che new prOJect gOIng
7
ln
~oweveL, I agYee WIth the -- wlth the statements
8
tnat have ~een made here today. But for the SIze of
9
the ~rope~tf, thIS IS entlrely tOO maSSIve of a
10
scructu~e
11
It wlll eat up approxl~ately 200 unItS wIth a
12
censlty pool
You're ~oln~ to have other requests
13
comlng fOytD over the neAt years for censlty to
14
redevelop oeher spots 80th along Gulfvlew and also
15
around Cleaywatey BeaCh, aDd the unlts won't be
16
c.he.ce
1 .,
-'
Ic seems to me an ldea here t~ac coulc be
18
r~ultful co eveyyone woulc De tnat Mr Sea~an,
19
Mr Stone, M~. ~arkopoulos, tne new prOJect you're
20
conslde~lng tocay, pe:naps Legene's next door gOIng
21
the other way could all Slt down and ta~e a LOOK at
22
the wnole a~ea and come up wlth a mutually ag~eea~le
22
way of redeveloplng ehat stretch of property
Then
24
you waule have a real ImplementatIon of Clea~water
25
Beach 3y De3lgn an~ ~e able to fuyther encourage
LAW'!Z'ii.S CWIC:::, INC
166
1
2
3
othe~ a~eas cr the oeach to be ~edevelopec
I hope I'm makln~ sense
I'm not agalnsc the
redevelopment of Clea=wate~ Beach
I'm r,o-r: agalns t
4
thIS p:::,-oJect, but I do agree lt lS too maSSlve for
5
the small area chat 1"( occupIes
p.nc tDa tIt's
6
utIl1z1ng too many of "(he lncentlves tnat the CICY'S
gOlng to have to offe~ for =ecevelopffient or che
7
8
9
beach
Tnank yOu
MR GILDE~SLEGV~
Thank you, Sl=
Is the.ce
10
anyone else wls~lng Co speaK In Opposltlon?
(No :::.-esponse )
11
12
MR GILDERSLEEVE
The:::.-e belng none, lC'S
13
approp:::'-late at thlS pOlnt IP che nea:lnq, lf there's
14
any oppoSlng (lnaudlble)
15
MR STON2
If I sale anycnlng, I thInk I'd De
16
17
el:::.-ec
Just, you know, you all know wnere we nave
been as fa:::.- as development of tne plan
Th1S,
18
ObVIOusly, 15 a component of what we nope to have
19
20
21
22
23
24
see~ over tIme, and It's nappenec very rast, and we
O~vlously hope It succeeds
In terms of It's concext :::.-egardlng tne current
cevelopment regulatlons, they antICIpate (lnaUClole)
Tney antlclpated ze~o lot Ilne developmeGt
parelcula:::.-ly In thlS co~rldor along tne teach
And
2::
ln, for e^a~ple, the Mandalay :::.-ecall d~st~lct, the
LAv~!ERS' C~OICE, INC
167
1
notlon of zero lot lIne development should be
2
3
4
5
ezpected
1tle expec ted 1 t
We expected le, you know, In effect If yOU
followed tDe development code before there was a
Beach By DeSIgn
So che lssues of tne desl~n
6
COw90nent of It, we have revlewed
we feel lIKe that
7
che~e IS a lot the~e
8
9
10
We thlnk It'S done In a sensltlve manner
LI:<.e
the archltectural, we feel llke It meets the ceslgn
11
~uldellnes, anc that wlll add value to the beach and
adds a loe or pUDllC parKln~ tnat wlll come off the
12
d~y sand
~~d In cotal, botn conslstenc wlth
13
14
lS
16
17
development regulatlons Beach By Oeslgn (~naudlble)
M?, GILDERSL3:::VE
Tnank you
And any closlng
remarKS? You ~ave th~ee mlnutes
The applIcants can
have more
MR G2~RING
Tna~k you fo~ you~ patIence
18
You've done a marvelous Job
The area I thlnk, as
19
~alpn nlgnllghted, does have a pllghted pOSltlon
20
21
22
23
24
whlcn we tnln~ we're ~espondlng to ag~res3lvely worK
closer wlth the CIty to come up wltn sometnlng that
even though the economy has not ~espondeG to
CleaLwate~ Beach, we can do what we call the faIr
deal pla.:-,
25
~nd tDE falr deal lS to co~e up wltn a balance
LAwY:::^S' CHOIC~, INC
168
1
beeween development pro~~am and publlC be~eflt In the
gUIse of what the Clty could accoM~odate and create
wlch t~e paCkage tnei'~e puttIng co~et~e~ In Beac~ By
Deslgn
2
3
4
5
6
7
8
9
10
11
The CItIzens yeGuest fo~ the plan, Beach By
Deslgn, we went to all those publlc hearLngs
We sat
through all tnose ClScusslons
Our project was put
on the table and used as a model In those
dlSCUSSlons
We have -- we tnlnk we got a faIrly gooQ
response fyom tnat
The Clty wanted a proJect to
12
accommocate parKl~g and a maJor flag
They were
13
14
lOOkIng forward to bUlldlng that dec~ and gectlng the
Marclott flag whlC~ wlll glve us, what you call, a
is
16
17
woyld-class attractlon powec he~e
~~d as to, ultlmately, wnat you've gone
tnrough, I wlll (lnauclble) rYOm tne stancpolnt tnat
18
we nave conslscencly been avallable co dlSCuSS and co
reVlew and to nave all these meetlngs, and theye lS
a -- ehe~e 15, quote, anocner agenca
19
20
21
I can't (lnauclble)
I unGe~stanc le
It Just
22
lS
And It relates not the 'GN Sands (phonetIC) or
23
the abuttlng (lnaud~ble) sand as ~t [elates to how a
24
2S
successful proposal lD the nortnern parcel
Tney need to go do that
They neec to CO It on
LA~!ERS' CnOICE, INC
169
1
thel= own
Trrey need to go through the p~ocess
We
2
can't make lt happen
pnd we'd as~ you to let uS
3
move fo~wa~c, and we a~e ~eacy to ~roceec
And werre
4
~Orklng wIth the Clty on a patent to go tnrough aCC
5
wlth thIS, through the boa~d of COunty commlSSlone~s
r
o
The Clty ~ants to dellver (lnaudlble) wlth tne
7
pa~Kln~, wlch a new brIdge
We need to get thae
s
b~Ldge -- we need to get ~olng so we can be unce~way
9
we also nave orner su~seantlVe Issues, control
10
lInes and other maJO~ tlny lssues that are crltlCal
11
So we appreclate your attentIon and your patlence
12
Thank you very ffiucn
13
MR GILDERSL~EVE
Thank you
fuid p~lor to
14
closlng the nea~lng, I Just do want to say, thlS has
15
been a -- thlS lS an lmportant lssue, a VItally
15
Impo~tant lssue
Ce~talnly a ve~y paSSlonate lssue
17
p~d I Just ~ant to than~ eve~y~ody for thel~
18
cooperatlVeness l~ thIS proces3 today
It's been
19
long
I don't know t~at we've had a four-hour
20
p~ocess lD GUlce awhlle, but we do appreclate It
21
At ChlS tIme tne publlC nearLng 15 closec, and
22
we'll open It for the ~oarc for dlscusslo~s
23
MS MO~~
Are you able to offe~ an ODInlon
24
now on tne Clea~wate~ Charte~?
25
MS AKIN
Yes
I unce~seanc ene Issue tnat
LA'~{~~S' C~OIcL, INc
170
1
Ms Gar~ls lS ralslng
That IS really not an lssue
2
3
4
5
:Eo~ tIUS board
That wlll co~e before tne COmmlSSLQn
when they maKe the declSlon on vacaclng
I wlll
stace tnat I CO not belleve c~ac the (lnaudlble)
vlolaees the (lnaudl~le)
And, or course, tne~e wIll
6
be mo~e dlScusslon about that
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MR GILDERSL2EVE
Any othe~ quesclons?
Comments?
(NO res?onse )
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There beIng none, the ChaIr wlll ente~taln a
motlOn, and we'll be votlng on two ltems
The Ilrst
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beln~ tDe publlc (lnaudl~le)
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M'?, JOENSON
Mr Chal~, oased upon the staff
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report and testImOny at ehls publlC hearlng, I move
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app~oval of tne appllcanc for the flexlole
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redevelopwent as shown -- as recommencec ~y the Clty
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staff
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l"'R GILDERSL22VE
Is tne~e a second?
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MS PET2:F,SON
See one.
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M~ GILDERSL::::::v:::
Been waved and seconded
All those ID favo~?
(The 50arc responds aye )
fV!R GILDERSLEEVE
All those opposed?
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(No response
2S
MS FI~?CE
Can I ask a queStlon? A~e you
L."'..1t1Y:::?S' CEO Ie::: , INC
171
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lmposln~ the CO~clt~on as stacec In the staff report?
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GILDERSLEEVE
Yes
MS FI;::RCE
Okay
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M::i GILDSRSLEEVE
The second lcem befo~e uS IS
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actually cne developmene agreement and ehe Chalr
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woulc llke to make motIon
J.I'T?. JOHNSON
Mr ChaIrman, based upon the
starr report anc teStImony at tillS pU~llC hearIng, I
move approval of tne cevelopment agreement as
submltted
11
MR GILDE~SLE':':VE
Is there a second?
12
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MS PETERSON
Second
MR GILDERSLEEVE
All those I~ ravor of the
motIon?
15
(The Board ~esponds aye )
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M~ GILDERSL2EVE
Opposed?
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(No response )
MR GILDERSLEEVE
MOtlOn passed
Thank you
ve~y 'illlCn
we'll ta~e Just a80ut a two-mlpute recess
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22
so we can get our ~eal Chalr back up he~e
(The prcceedln~s are concluced at 3 17 pm)
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LAW~2PS' C~OICE, INC
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....,
t-
172
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CERTIFICATE OF REPORTER
3 STATE O? FLORIDA
4 COUNTY O~ PINELLAS
6
)
I, Donnell 3aumbach, Registerec Proresslonal
7 Reporte~, Ce~tlry tnat I was aULho~lzec to anc cld
8 sLenograpnlcally repocc the Communlti Development Board
9 MeetIng, and that tne c~ansc~lpc IS a t~ue and complee8
10 reco=c of ~y stenoq~aphlc notes
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I further ce~tlfy that I &~ not a relatlve, employee,
attorney, or counsel of any or the partles, no:- am I a
relatlve 0:- employee of any of ehe parcles' ateo=ney 0=
counsel connected II'J1th the actlOn, nor a.m I Ilnancially
16 interested In the action
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2S
Dated thlS J&I:J day of g~J/ 2001
~/lAUJ.! ,-~""-A jk/'~
DONNELL BAuMBACH, RP~
LAw?~RS' CHOICE, INC