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21-26
RESOLUTION NO. 21-26 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND 411 ES, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and the Developer are parties to that certain Hotel Density Reserve Development Agreement (the "Agreement") dated July 22, 2019, and the Agreement is attached as Exhibit "1;" and WHEREAS, the City and the Developer amended the Agreement (the "Amended Agreement") to extend the deadline by which time site plan approval must be obtained as otherwise required by the original Agreement on October 1, 2020, a copy of which is attached as Exhibit "2"; and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Agreement, as amended, including changes to the site plan and elevations, as more fully set forth in the attached Exhibit "3"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Second Amendment to the Hotel Density Development Agreement between the City of Clearwater and 411 ES, LLC, a copy of which is attached as Exhibit "3" is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Amended Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this 2nd day of December , 2021. Approved as to form: Matthew Mytych Assistant City Attorney Frank Hibbard Mayor Attest: Rosemarie Call City Clerk Resolution No. 21-26 EXHIBIT 1 Development Agreement dated July 18, 2019 I. I : / 1 I 1'141 ► : u THIS HOTEL DENSITY RESE VE DEVELOPMENT AGREEMENT ("Agreement") is dated the �i:i,''4 day of & 2019, and entered into between EAST SHORE INTERNATIONA EN ` ERPRISES, LLC & 411 E S, both being Florida limited liability companies ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided for a limited reserve of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns 1.11 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property to provide 74 overnight accommodation units, pool, lobby, roof top sun deck and parking, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B" (collectively, the improvements are the "Project"); and WHEREAS, the Property has not previously acquired density from the Destination Resort Density Pool; and WHEREAS, upon completion the planned hotel will contain 74 overnight accommodation units, which includes 8 units from the available Hotel Density Reserve ("Reserve Units"); and 11 Units from TDR's to be acquired. KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2019233713 07/24/2019 02:24 PM OFF REC BK: 20626 PG: 1023-1047 DocType:AGM RECORDING: $214.00 WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the City has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, at a duly noticed and convened public meeting on Jo % l 2 , 201/ the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Jncornoration of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a Land Use designation of Resort Facilities High (RFH) and is Zoned Tourist (T). 3.2. The Property is owned in Fee Simple or under contract to be owned in Fee Simple by the Developer. 3.3 The Property is generally located at 405, 408, 409 & 411 East Shore Drive, Clearwater, FL 33767 as further described in Exhibit "A". 2 SECTION 4. Soggafrigjul. 4.1 The Project shall consist of 74 overnight accommodation units including eight overnight accommodation units from the Hotel Density Reserve with an additional 11 Units acquired through the use of TDR's and have a density no greater than 150 units per acre and a 22 -slip publicly accessible marina facility. 4.2 The Project shall include a minimum of 100 parking spaces (1.2 spaces per hotel unit and one space per two publicly accessible slips), as defined in Code. Design". 4.3 The design of the Project, as represented in Exhibit "B", is consistent with "Beach by 4.4 The height of the Project shall be up to 65'-0" feet as measured from Base Flood Elevation, as defined in the Code and as otherwise permitted utilizing the Height Bonus Schedule for the Marina District of Beach by Design the consolidation of property totaling one acre or more on both sides of East Shore Drive and the provision of a publicly accessible Boardwalk. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. SECTION 5. Effective Date/Duration of this Anreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida and thirty (30) days have elapsed after transmitting to the Florida Department of Economic Opportunity, pursuant to Florida Statutes section 163.3239 and Code section 4-606.G.2. 52 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 53 This Agreement shall continue in effect for twenty (20) years unless earlier terminated as set forth herein. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the 6.13.1 To retain the grant of Reserve Units provided for herein, the Property: 3 Property and improvements located thereon shall be developed in substantial conformance with the Conceptual Site Plan attached as Exhibit "B". Any modifications determined by the Planning and Development Director as either inconsistent with attached Exhibit "B" or constituting a substantial deviation from attached Exhibit "B" shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.132 The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project and may terminate this Agreement in accordance with Section 10. 6.133 The Developer shall execute, prior to commencement of construction, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", stating that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation no rights of Developer remain or will be exercised to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return of Units to Reserve. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. 6.1.6 Transient Use. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. Access to overnight accommodation units must be provided through a lobby and internal corridor. All units in the hotel shall be made available to the public as overnight transient hotel guests at all times 4 through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of "dwelling unit" in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design 6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Project after 11:00 pm. on Sunday through Thursday, or after 12:00 midnight on Friday and Saturday. 6.1.11 Limitation on Marina Facility. 6.1.11.1 The Developer agrees that activities such as servicing, fueling, pumping -out, commercial chartering and/or and dry -storage of boats and boating equipment is strictly prohibited. 6.1.11.2 The Developer agrees that the number of conveyable Marina Slips shall be limited to no more than 22. The City acknowledges that there are 35 additional marina slips for the sole use of the hotel. The Developer may increase the number of conveyable marina slips only if the Developer increases the number or parking spaces to meet compliance with the Community Development Code. 6.1.11.3 The Developer agrees that any conveyable marina slips shall be limited to sale and/or lease to privately -owned boats rather than commercial vessels for hire. 6.1.11.4 The Developer agrees that a deed restriction outlining Sections through 6.1.11.3 shall be submitted to Staff prior to the issuance of any permits. 5 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the project shall receive 8 units from the Hotel Density Reserve as defined by Beach by Design, contingent upon the provisions of Section 6.1.5. 6.2.4 It is anticipated that as a condition to the approval of the Project by the City, Developer will be required to construct and maintain a boardwalk along the seawall on the Property (the `Boardwalk"), and to permit the general public to enter upon and traverse the Boardwalk at all times, and to exit the Boardwalk via an easement over the Property in favor of the City (or for the benefit of the public at large) to be located at the south end of the Boardwalk, connecting the Boardwalk to East Shore Drive. Said easement shall include terms and conditions acceptable to the City, and which are typical of such other easements for similar access that are currently in effect between the City (or for the benefit of the public at large) and private land owners. Upon the adoption of this Agreement, City shall enter, in favor of Developer and its successors and assigns, a general indemnification and hold harmless agreement, to be effective upon the issuance of a C.O. for the Project, pursuant to which the City shall indemnify and hold harmless Developer, to the extent allowed by law, from and against any and all claims for injury, death, and damage brought in connection with the use of the Boardwalk by the general public at large; provided, however, that such indemnification and hold harmless agreement shall not relieve Developer of any liability for its negligence in maintaining the Boardwalk, or any willful or wanton acts by Developer or those under the authority or control of Developer. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be 6 responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer atthe Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization's [MPO] or its successor's countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the Project shall include the following: • Recognition of standard data sources as established by the MPO; • Identification of level of service (LOS) standards for state and county roads as established by the MPO; • Utilization of proportional fair -share requirements consistent with Florida Statutes and the MPO model ordinance; • Utilization of the MPO Traffic Impact Study Methodology; and • Recognition of the MPO designation of "Constrained Facilities" as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupancy. 7.7 Developer agrees to provide a cashier's check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. RtuiliraidnaLcysatramraLADDEdall. The required local government development approvals for development of the Property include, without limitation, the following: 8.1 Site Plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 82 Construction plan approval(s); 83 Building permit(s); 84 Certificate(s) of occupancy; and SECTION 9. Finding of Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. 7 SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended, and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. Except in the case of termination, until ten (10) years after the date of this Agreement, the City may apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City has held a public hearing and determined: (a) They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in this Agreement; (d) The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e) This Agreement is based on substantially accurate information provided by the Developer SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: With Copy to: If to City: East Shore International Enterprises, LLC 2753 SR 580 Ste 110 Clearwater, FL 33761-3351 Thomas C. Nash, III 625 Court St. Clearwater, FL 33756 City of Clearwater 600 Cleveland St. Ste 600 Clearwater, FL 33755 Attn: City Manager 8 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3') day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part ofthe Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable 11 to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non -Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. , ntire Agyeement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be 12 received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto execute this Agreement the date and year first above written. In the Presence of: EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S Bodziak, Archit oper Frank Dagostino Print Name CUL) Q LEARWATE=DAA By:. William B. Horne II City Manager Attest: r) ALA_ CW Rosemarie Call, City Clerk Countersigned: 9e01WWCW 0i George N. Cretekos, Mayor Approved as to Form: Michael Fuino, Assistant City Attorney 13 STATE OF FLORIDA COUNTY OF PINELLAS e foregoing instrument was acknowledged before me this c day of 201/ by GEORGE N. CRETEKOS, as Mayor of the City of Clearw er, Florida, who is [ tJ personally known to me or has [ ] produced as ide ication. STATE OF FLORIDA COUNTY OF PINELLAS L>e'..cet 62. Notary Public // Print Name:/ 1iiOc jl 4:3 ocoSP My Commission Expires: /0/70/21 The foregoing instrument was acknowledged before me this Win day of 1-1 9 , 2019, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ A personally known to me or who has [ ] produced as identification. Notary Public Print Name: SC.07-8iivynw-S My Commission Expires i Di C i' &' Scott Burrows ooMMIssION# 1f19 EXPIRES: Ockdor 1, 2022 Bonded 1uA.en Retry 14 EXHIBIT A Address of subject Property: 411-408 East Shore Drive Parcel Number(s): a. 08-29-15-02592-003-0070 b. 08-29-15-02592-002-0090 c. 08-29-15-02592-003-0100 d. 08-29-15-02592-003-0120 Legal description: a. Barbour-Morrrow Sub Blk C, Lots 7, 8 & 9 & S 1/2 of Lot 6 & Subm Land/TIF Deed #17,411 per Plat. b. Barbour-Morrrow Sub Blk B, Lots 9 and 10. c. Barbour-Morrrow Sub Blk C, Lot 10 & N 15 Ft of Lot 11 & Subm Land/TIF Deed #17,411 per Plat. d. Barbour-Morrrow Sub Blk C, S 35 Ft of Lot 11 & N 1/2 of Lot 12 & Subm Land/TIF Deed #17,411 per Plat. Size of Property: 48,351.6 Sq. Ft. or 1.11 acres 15 EXHIBIT "B" See attached Conceptual Site Plan and Architectural Drawings 16 EXHIBIT "C" COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of , 20, by EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such hotels as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on , 20, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the 17 benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 21.1 74 units, which is the number of hotel units allocated to Developer from the Hotel Density Reserve, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. Access to overnight accommodation units must be provided through a lobby and internal corridor. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. All hotel units shall be required to be submitted to a rental program requiring all hotel units to be available for members of the public as overnight hotel guests on a transient basis at all times. No unit shall have a complete kitchen facility as that term is used in the definition of "dwelling unit" in the Code. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 2.12 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel", and "operator" shall have the meaning given to such terms in Florida Statutes Chapter 509, Part I. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the hotel, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of 18 construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this day of , 20 . In the Presence of: /777 Print Name: 'FRANC DA[3oTi /A10 EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S 19 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this / qday of rctt/ / r1 , 20 /9 by John A. Bodziak, Architect, as Agent for EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies, on behalf of the companies, who is [ 4 personally known to me, or who [_] has produced as identification. Print Name: 9 I-AA116- 'cc My Commission Expires: 20 SUZANNE N. PIERCE MY COMMISSION # GG91861 EXPIRES: May 20, 2021 CITY OF CLEAVA.TER, FLORIDA By:. William B. Horne II, City Manager Attest: ,t4 /va.k Rosemarie Call, City Cle Countersigned: II -- C(ehil(1C�CtdS George N. Cretekos, Mayor Approved as to Form: lkitaI)_ Michael P. Fuino, Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this Iy 15. day of , 20/ 9 , by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florid who is [ ✓] personally known to me or has [ J produced as ide ication. i%___..r otary Publi(cc O /J rint Name: Cr,4 A' . AC::.4fJ 1. )S y Commission Expires: 13/-20 /s/ 21 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this Lei day of 7.ik.4 , 201c1, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ‘/] personally known to me or who has [ ] produced as identification. Notary Public Print Name: 5 c C fl 13 My Commission Expires: I0 o i l aa Scott Burrows COMMISSION $ 016261179 Ocfobvr 1, 20'12 Banded1uAwon Nobly 020 EXHIBIT "D" COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this day of 20_, by EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Hotel Density Reserve Development Agreement dated , 20 (the "Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Covenant. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its rights and to the Real Property or any portion or portions thereof to unrelated third -parties. 21 Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. IN WITNESS WHEREOF, Developer has caused this Covenant to be executed this day of , 20 . In the Presence of: 'PRANK DM osT,No EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies ame: erAmiiA Z AR.sisbal By: Bodziak, Archite ,IQ, _ent Print Name: As to "Developer" STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this C day of .7.-1%1 q , 20 /9 , by John A. Bodziak, Architect, as Agent for EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies, who is [A personally known to me, or who L] has produced as identification. NotPubl. Print Name: My Commission Expire 22 RCE MY COMMISSION # GG91861 May 20, 2021 CITY OF CLEARWATER, FLORIDA itYLPL44.„,A.14%-tm2,-n. By:. William B. Horne II, City Manager Attest: 7 Rosemarie Call, City Cler Countersigned: cjeoitt\C(tkCos George N. Cretekos, Mayor Approved as to Form: 111144 Michael P. Fuino, Assistant City Attorney COUNTY OF PINELLAS /Iv he foregoing instrument was acknowledged before me this day of 204 , by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Flori . . who is [ ] personally known to me or has [ ] produced as identification. ti Pub amel1J by V;4 A /1 u c� 0,c4)- GCS ommission Expires: 23 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this I day of 11.0, , 20 Ict , by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ✓] personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expires: t 24 Scott Burrows ccwaisSsON * GG2SI179 EXPIRES: Other 1, 2021 Bonded UmAaron Notary Schedule "A" a. Barbour-Morrrow Sub Blk C, Lots 7, 8 & 9 & S 1/2 of Lot 6 & Subm Land/TIF Deed #17,411 per Plat. b. Barbour-Morrrow Sub Blk B, Lots 9 and 10. c. Barbour-Morrrow Sub Blk C, Lot 10 & N 15 Ft of Lot 11 & Subm Land/TIF Deed #17,411 per Plat. d. Barbour-Morrrow Sub Blk C, S 35 Ft of Lot 11 & N 1/2 of Lot 12 & Subm . Land/TIF Deed #17,411 per Plat. 25 EXHIBIT 2 First Amendment to Development Agreement dated October 1, 2020 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINBIAS COUNTY, FL INST# 2020300281 10/08/2020 08:58 AM OFF REC 8K: 21200 PG: 523-525 DocType:AGM RECORDING: $27.00 FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("AMENDMENT') is dated the /Sr day of O6 -ober , 2020, and entered into by and between EAST SHORE INTERNATIONAL ENTERPRISES, LLC and 411ES, LLC, a Florida limited liability company ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof ("City"). WITNESSETH: WHEREAS, Developer and the City entered into that certain Hotel Density Reserve Development Agreement dated July I g , 2019 (the "Development Agreement") a full copy of which is attached hereto as Exhibit 1 relating to that certain real property located at 400, 405, 408, 409, and 411 East Shore Drive, Clearwater, FL 33767 (the "Property"); and WHEREAS, on or about May 1, 2020, Developer filed a Flexible Development Application (FLD 2020-05012) and a Transfer of Development Rights Application (successor application number: TDR 2020-07002) to develop the Project; and WHEREAS, the Development Agreement requires the Developer to obtain site plan approval within one year of the effective date of the Agreement. The Developer has filed the appropriate Applications to obtain site plan approval, but the Applications were incomplete and are still pending final approval through the development review process. The Developer has experienced delays in completing the Applications partially due to the Covid-19 pandemic. As such, the parties desire to amend the Development Agreement as set forth herein; NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Developer and the City agree as follows: RECITALS: 1. The recitals listed above are true and correct and incorporated herein by reference. AMENDMENT TO DEVELOPMENT AGREEMENT: 2. Section 6.1.3.2 is amended to read as follows: The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within two (2) years from the effective date of this Agreement in accordance with the provisions of the Code and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project and may terminate this Agreement in accordance with Section 10. 3. No Further Changes. Except as set forth herein there are no further changes, amendments or modifications to the Development Agreement. Print Name: Print Name: K s4-; As to "Developer" Developer: EAST SHORE INTERNATIONAL ENTERPRISES and 411ES, LLC By: Frank Dagostino, Managing Member City: CITY O F C LEARWATER, FLORIDA By: (itlit4i,.14144.417Z Print Name: William B. Horne II, City Manager Print Name: As to "City" Attest: Rosemarie Call, City Clerk Coun rgn Frank V. Hibbard, Mayor Approved as to Form: /A Mike Fuino Assistant City Attorney E4 -14i4 3 SECOND AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("AMENDMENT') is dated the day of , 2021, and entered into by and between 411ES, LLC, a Florida limited liability company ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof ("City"). WITNESSETH: WHEREAS, Developer and the City entered into that certain Hotel Density Reserve Development Agreement dated July 18, 2019 (the "Development Agreement") a full copy of which is attached hereto as Exhibit 1 which allocated eight (8) units from the Hotel Density Reserve to that certain real property located at 400, 405, 408, 409, and 411 East Shore Drive, Clearwater, FL 33767 (the "Property"); and WHEREAS, on or about May 1, 2020, Developer filed a Flexible Development Application (FLD 2020-05012) and a Transfer of Development Rights Application (successor application number: TDR 2020-07002) to develop the Project. The applications were consistent with the conceptual site plan and elevations approved as part of HDA2019-03001; and WHEREAS, on October 1, 2020, the City Council approved the First Amendment to Hotel Density Reserve Development Agreement extending the deadline for the Developer to obtain site plan approval from one (1) year from the effective date of the Development Agreement to two (2) years from the effective date of the Agreement a full copy of which is attachedhereto as Exhibit 2; and WHEREAS, on November 17, 2020, the Community Development Board approved the Developer's site plan as part of application FLD2020-05012 and a Transfer of Development Rights ("TDR") as part of application TDR2020-07002 which included the use of 11 transferred hotel units; and WHEREAS, the current proposal includes the use of an additional 17 units yielding a total of 28 transferred hotel unit; and WHEREAS, as a condition of approval of applications FLD2020- 05012/TDR2020-07002 (condition 6), the Developer is required to file amended TDR and FLD applications in order to use any more than seven (7) transferred hotel development units; and WHEREAS, the Developer intends to submit TDR and FLD applications to construct the remaining seven (7) transferred hotel units and to transfer in 10 additional hotel units increasing the total number of overnight accommodation units from 74 units to 91 units; and WHEREAS, eight (8) units from the Hotel Density Reserve were previously allocated to the Project (HDA2019-03001 as amended), the Developer is not seeking to add any additional units from the Hotel Density Reserve through this amendment, and the Developer intends to fully construct all eight (8) allocated units; and WHEREAS, the Developer and the City agree to increase the total number of overnight accommodation units in the Project from 74 units to 91 units, to increase the required parking spaces from 89 spaces to a minimum of 113 spaces or 1.2 spaces per hotel unit and one space per two publicly accessible boat slips, whichever is greater, to increase the height from 65 feet as measured from the point at which minimum floor elevations have been established by law to up to 80 feet as measured from the point at which minimum floor elevations have been established by law, and to amend certain other provisions of the Development Agreement as set forth herein; and WHEREAS, upon completion the planned hotel will contain 91 overnight accommodation units, which includes eight (8) units previously allocated from the Hotel Density Reserve ("Reserve Units"); and 28 transferred hotel units of which 11 have been approved for use (FLD2020-05012/TDR2020-05001) and 17 will need to be approved for use by amending applications FLD2020-05012 and TDR2020-05001. NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Developer and the City agree as follows: RECITALS: 1. The recitals listed above are true and correct and incorporated herein by reference. AMENDMENT TO DEVELOPMENT AGREEMENT: 2. The sixth (6th) recital of the Development Agreement is hereby deleted and the following is substituted in lieu thereof: "WHEREAS, the Developer desires to develop the Property to provide 91 overnight accommodation units, pool, lobby, and parking, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B" (collectively, the improvements are the "Project"); and" 3. The eighth (8th) recital of the Development Agreement is hereby deleted, and the following is substituted in lieu thereof: "WHEREAS, upon completion the planned hotel will contain 91 overnight accommodation units, which includes eight (8) units from the available Hotel Density Reserve ("Reserve Units"); and 28 Units from TDR's to be acquired." 4. Amendment of SECTION 4. Scope of Project. Sections 4.1, 4.2, and 4.4 are hereby deleted, and the following is substituted in lieu thereof: "4.1 The Project shall consist of 91 overnight accommodation units including eight (8) overnight accommodation units previously allocated from the Hotel Density Reserve with a total of an additional 28 units acquired through the use of TDR's and have an overall density no greater than 150 units per acre and a 50 -slip dock which will include a maximum of eight (8) marina facility slips that are publicly accessible. "4.2 The Project shall include a minimum of 113 parking spaces (1.2 spaces per hotel unit and one space per two publicly accessible slips), as defined in Code." "4.4 The height of the Project shall be up to 80 feet as measured from the point at which minimum floor elevations have been established by law as defined by Article 8 of the City's Community Development Code and as otherwise permitted utilizing the Height Bonus Schedule for the Marina District of Beach by Design the consolidation of property totaling one acre or more on both sides of East Shore Drive and the provision of a publicly accessible Boardwalk. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve." 5. Amendment of SECTION 6. Obligations under this Agreement. Sections 6.1.11.2 and 6.1.11.3 are hereby deleted, and the following is substituted in lieu thereof: "6.1.11.2 The Developer agrees that the number of conveyable Marina Slips shall be limited to no more than eight (8). The Developer may not increase the number of conveyable marina slips without an amendment to this Development Agreement. The Developer may, however, decreasethe number of conveyable marina slips through removal or conversion to slips as accessory to the hotel (commercial dock) without the need to further amend this agreement." "6.1.11.3 The Developer agrees that any conveyable marina slips shall be limited to sale and/or lease to privately -owned boats rather than commercial vessels for hire including the rental of PWC." Section 6.1.12 is hereby added as follows: "6.1.12 Prohibition on Lockout Units. The Developer agrees there shall be no locking internal door within any unit that creates a lock -out unit which can create additional hotel units greater than the approved maximum density of 91 overnight accommodation units." 6. Amendment of Exhibit "B". Exhibit "B" to the Development Agreement is hereby deleted and Amended Exhibit "B" attached hereto is substituted in lieu thereof. 7. No Further Changes. Except as set forth herein there are no further changes, amendments or modifications to the Development Agreement. As to "Developer" Print Name: Print Name: As to "City" Developer: 411 ES, LLC By: Huijun Yang, anaging mber City: CITY OF CLEARWATER, FLORIDA By: Jon Jennings, City Manager Attest: Rosemarie Call, City Clerk Countersigned: Frank V. Hibbard, Mayor Appro e s s to F Matthew Mytych Assistant City Attorney Amended Exhibit "B" to Development Agreement E D NEW CONSTRUCTION *11 0. 1OGNP.T SI/ EM TRPOSOITNMIDAPPROVES RINLOGIED AT 111 FAST SOME THE ! ATOIRORG IOW WT EMMRUQ1 COMM* MR DESCRIPTION OF WORK MBE OOCMEATS RATE CONTMOTICN OFA PEW 0) SMMWM=TWNtlEAS MEASRE"MS OEE FLOCOESEVATESTIOT MOS MEL ST MOO FNEASTAN00 WEONOLOWES COTS OFMM1etSRAO. NOE WAS. TIE Imo= IMEns MArnn A.1 note ppMMeIn .0)...)TON6wefNO. MOVE TO S11F9wp.ne ALOIYMLFELOONEO STELE, 6. TIENEONSMLLYEONCROEApMIMISS POOL NOON O SSANIARVFIE SARCTO. AroLOUSEMIIM 0010001%SAXE MOW TEE MEONOF MN SE SMfTMOTEDSE NAMED COMMIE OEM SNMCOW WEMON MESON WALLS OF MOONY MTM ST09c0 MO Cop W ITE PAW TOMES A SNOW nEL MASNOAOSNIM MOT PROPOS, N0 OTOpMpAT WS. TE COMNNICNOI O: ML ASPECTS OF ITS IMM O All MESON TO AIL cm. SWAT. STATE NO TEOEMR NFOMATONS M MOINES. ALL MOW ASCONTESRATfl J E>f JTW#TMNTMEMRGINE TAOWI T mTOM0 RW SNOOKS BUILDING DATA c 10•1111/0310 401.01•11•0011111.61,04•11,-0•81t AMY Amer Amor WINDS illidi•ND WEED • VICINITY MAP MOT TOMNE LOCATION MAP A MOT TOSSAM HARBORVIEW HOTEL 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767 CITY COUNCIL SUBMITTAL 10.14.2021 CHITECTURAL DRAWING INDEX - fl --t- 11 �r —„-,'.,-',.T210=1111111111 ARCHITECT, ENGINEERS 8 CONSULTANTS AMUOIECTNE boat MOOR WMIE 1M NONEM.FIOS.OFN P NSnMICE i.p.Te6a»N AWE O TORE? pN1MNAm, MMSSRPS OI ■ BRPH SMOTWL MS S.NOWVME TN” RMd TMM 1EL(EIS MOOS pc)IMSMI SEP SAO PK PNUTECSO, EMONENO SSE SAFETYCONNILTNR OM COMATAST TM SM OEM MOSTA MU YOPM06A01 VARS MNTE116 Wi V.PETNOMMM, R ONS IME MNTR WM ST. SETEI®IMO R ME TEL RUM= TELWTIM O TELRCIW.TIM LOOSOPECOdATMT MMMCOEMTNR 0212121 2L212 C N221102z14 INN CYRUS NMI STREET. NAOTOSA,uPUSAISNCONETRO I. WAVE DP MO R MO WLp1NNOMN TEL OTA SAVO 2 r b 4 5 ■BRPH a ACVNONA* E1M.. M. MN NOT FOR coldnNUCTCN HARBORVIEW HOTEL JOSE O. SENREE MEN .NMS.. DMIpMr W.SES001.00 tORM0001 COVER SHEET G-001 E c A SITE DATA TABLE MINIM 010111. MARIO MPG ttiMMISOUNICTI, MOM oma*m .014.0111.1 UN OW/ 1,1 vv.:..:m 411111.110411. wW. Mvo....av s,vv2t11n•r.vRal00e1,341 v0e.aaeavnv UM et 14.410eallitlkill •••• WM) 14.2.04 01.1111. TOTAL 110.01.111.111011 MINOMEDNILS II MAI, 61/41011, SIINAMOMIIR 91.10, MOOT 9111,1•4011/F0011,14 MM. wvRrnl Loran 1MM MOS 40.41611, AMMO 104.• .Mvmsv..woaMo..m-...-E J I 1 n Flo ® CA:+: (l © (6) E !i CO rn1O1.*:1cr>�� • 1 G C ii7 r) O ( 2 N 4 5 Al LEVEL 1 OVERALL PLAN 6 ■BRPH MMYN ES..SM•... r.la-se IF Of 4.11201,10.10.1.104 Mem 11 NOT FOR CONSTRUCTION Jb wI— e od 2 i re CO _0 JOSE O. SEMREI MER AMON Dino.. CSSS1600100 1.1.021 OVERALL SITE PLAN A-101 1 1 2 1 4 PARKING LEGEND GENERAL NOTES: JOINWM awry mmtmcamummmew armor. YO.O.P.1.64.1111.001.01110.1.1F100 MILT CM. b.BEI1M e \J e (i1) e e (M) a (JO) —15 e TAT I 0 Ct) 0 !1) F O - II(,!'J ® t%� ( ) e ((/ 31 @ O e ® e ®e ,a.J Ue (18)e 1* + t e(e(�) ®e L') ® e (m) e (!e) ® C) 9 e �1) B (7T WW1 /11.1.110.4 i.w a r1•01160.111•11•41116� (ii) e COICRIMMI•101 IV Cb� ,'1 0 11 ;E AS ENLARGED PLAN, LEVEL 1, WEST 1 5 1 ■BRPH ftOPP IMO. 0. ormsea NOT TOR CONSTRUCTION JOSE o. BENZ EZ GER Onyx rNv CML6.ro1m ENLARGED SITE PLAN, WEST A-111 E 1100110•M10100010111.111111001010140 - =101011.10101111111111,01111.111 111., ....ma mac 00110101 000110001Y111 - D c B A -71111111111111111111111111111: 'ililp ..44444444: 111 i11i:: ': 4441 1144111 1d1:: • a 4441 4441144 14114:: 11!1: i!i i;i;i�ili'i 1'1101 1.00111011011001111/0010110 10.41111.011110/11002 111.11110 .1111 .10111018 611117110100 1111110010110110111101011071 11,11,,. ' ban PARKING LEGEND GENERAL NOTES: ▪ sitgrot .11011.1110010•01.11100010 41501:01.4001111111. • 111• 10.1110/110.11041,11.11010110011/1 /0/1/,•111111011012111.111100111.1110. 010/1.00010•011010 .111•1110 MONA 0101001•1111111000K Ott I 11 I .i '-i ■�1 r 1 ��QQ p s e e e e o 'a �.. a1I AS 00 ..r • tl 1 1 ,It 11,1 ■1:11 ( L� . + ®o ��1'��'�'1�`1�`1��1'�I�\�1��1'��, �► t1 s1�i���1�i1�!!1��1��1������1��I�����r��,��1���11� 1���ti�1\������11��1�k,��\�1��1��1, `��1��1�1��\�11'11`11' 1, �, , , . , �,'� 1111., 11►fir! ,• � ,,,�\,;,1�,���1��1��i����11�1'��;1��1�1��1�11��\��1��1�11�,\��I�1h�1�11�111111\��1�i����1�i�a��ti��,u1��,��,�,,,,,,, �, , • ,1110, '\0�1��1�j1��\�����I�����;111;��a�1��1�jy\Wi1\i1�i11��11�1�11�,,,�,,,�y����(������1�\�1�11�1��11, 1� � � ��'ff \ 0������j ���i�1��1����1�j11i1��a� ILII Ii Illi I riliniir ���6lIirlill h �J II Il �iIij711y 1;11111'II!ISI.I,IIryr,IL��,II1�.I 1II,II,I,I 1111i, � `?.Gll�li�l�l�►VhI661iII�hlj�l,i�l illh�ll�h�ll�ii�h�lG�li�611�1%��lill���h�il.illl�l Ili Illill I �Illlllil�llllll�lllll�ll li��lll�ll I lilllllil�ll I(11�Il61 IIJ I VIII l lij Iii 1.I, ii ,I i �V6,6161IIIIII ,�11i!I�m� I n (ie) (ie) (eo) @) (� . p9 ; I e e e 1 e e e 1 b 1 1 " t' y ... .... --1-- i �► I I T r -I) .� e (,i e (IO 1 e (9i I' -Er ,� f. 1 1 171 Y O b O e e e O • e e O 6 : e 1 Q_ - @ (.9) �� ® ( () * 98- -4 ® C10 I (1- 4 NAN 0101.110•11. 10 min aupplaown KM. 001:11.014111 A5 ENLARGED SITE PLAN, LEVEL 1, EAST ■BRPH •m• NM*.NM*.X114..111.. oc. wooer or NOTION CONNTROCTNNI W J 0 cc g >� m c • g MSE O. SENREZ MER 0011,11.4.001m lon.no:1 ENLARGED SITE PLAN, EAST A-112 E D B A BuESTOOM ISIIIMIROYOMIT A4 OLEVEL 2 FLOOR PLAN r•ra .O..ROBI 11.61,1 14, G. IMBN.IMLEBFID tart SIM _- vona••••••• ■BRPH NOT FOR CONSTRUCTK M ff2.:/eaTjjAn:EflAl JOSE O. BENITEZ MER BRfSBB. Mew auAB.ro..N • 1.1.021 • LEVEL 2 FLOOR PLAN A-120 E D C B A Re 111 I 2 OJEe1110014ORReNROP aYRi E B7 TYPICAL FLOOR PLAN - LEVEL 3 - LEVEL 7 IOP/R6¢ n,n�ti 104 IMv IM•1 IOU OilLay siLm 4044 3 4 5 ENOo•JNIEmn MIS oo MOI Woe. ugsnuyi N nue. O WN uNuuuwo mom mama mama* 11 mamma ersamm. s ■BRPH UM. ImonewesMom Maw. NOT FOR CONSTRUCTION HARBORVIEW HOTEL 2 g0/ 2 U a 0 JOSE O SEHITE2 MER •R•SSM What COSIMP001 UO 10/14,021 TYP. FLOOR PLAN A-130 E D e A fi ■BRPH »S!S.0 E b ft Ifom NOT FOR CONSTRUCTION 2 olrsnnan0e111•11NOM • B1 FLOOR PLAN - LEVEL 8 0 • • • • 1051BlIdi •A, �Mw 4My IMM wIv • 3 4 5 noairuCOO mama IMO •B — -a �...• — - ED- man AWE 0. W . OEMRFZ MEM LOINSCPt.00 n+vmn FLOOR PLAN - LEVEL 8 A-180 E D Ta -3 B A + 4* MO Or 1U11111'!i.!.! Al ROOF PLAN ■BRPH 140080/. frovelneorc rer 40,11.1.1.1, 107.01.4904 immetal* *an. NOT FOR CONSTRUCTION JOSE O. BEm.E2 MER Comagnot 0}100.001.00 1,60304 ROOF PLAN A-191 • a 4 —Im 0 + 0 mI m ,11911411111111.1n11110 1•11UiVC, Fq. t,.)411 ifl 1,s ai ausimir,mktrAtiwp, I I I 1, >1 pi;Tvg.IR 111101 r' - m-1 a A 'VII'. v < m t: 8 id 0 >73 i __. =15 073 z I 0 HARBORVIEW HOTEL 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767 E D C a A mid C2 SOUTH ELEVATION 2 I 3 I 4 Al WEST ELEVATION S ■BRPH W...OM.. 7.,wm • Mem IOW,. NOT FOR CONSTRUCTION HARBORVIEW HOTEL JOSE a. SEW.wER Aulo- n 03113- .3.001. rouno21 EXTERIOR ELEVATIONS A-202 EXTERIOR MATERIAL: C2 NORTH ELEVATION COLOR 11111 • ®mnA ■ Eli' Iii ' ■ Ad /11/1111rEA 11111111111111M EMI rillIMILJ11114111111111 111111101LJUIldi NUM %E.imM" .....F��I■ n 2 3 4 6 Al EAST ELEVATION COLOR - - 6 ■BRPH • xa •.PN . eeM EeE.... e.. NOT FOR CONETNUCTON MICIJOUIT filrf TMIti.l JIWi7.I.110J .17. MOTES MEP MEOW ma▪ w C▪ OMPD. MI IW▪ IYAN COLOR EXTERIOR ELEVATIONS A-203 G m O 0 O 00 1111111rom 1111 ■IUL 41111111111111111111 Erni II mow In 1 I l fi LI 61b �I w/�/�wi/li�►i�i�ii�ia ■ 1..! 4 !I O T MIN ORM RIM It z 0 0 O 0 0 O ° 0 0 OSOUTH ELEVATION COLOR C2 ,a•,•e ° 0 vorcia I► in 1..........I ■ ■ 1111111111111 0 C) ■I.mr1 --.-.■ ■ U. —I 11111111 ...-.-■ i1■■1.■■ �I. tris le NM ■-.-..■ ® '■..iw_n x..,111111111111141” !11 rb 111 ° At WEST ELEVATION COLOR .■ gMEI ._rIEP ,N• • ,'Y 4 5 EXTERIOR MATERIAL: -4t ,-.--■■ig111 NHwir1 -.N-- 111 erriVFPI ,r r r r 0000..■ii .-----.iim • ■1u111w.■ ° m 0 0 ° ■ BRPH aria looeso... CIAMIlma Ran NOT FOR CONSTRUCTION 2 PTZ ZelanIVATE II41 JOSE O. BEN,TE2 NER ARYAN AuMer 1.1.021 '60L OR EXTERIOR ELEVATIONS A-204 E D C e A ii D1 2BR TYPICAL (2Q+1K+1 SOFA) e nil [0 nom= ce 81 2BR A, 2Q+1 K J D3 2BR MODIFY, 2K+1 SOFA 3 flew B3 2BR B, 2Q+1K D6 2BR D, 1K+2Q+ISOFA 86 2BR C, 2K+ISOFA MILARAIMIMPLOO I s I NBRPH NOT FOR COMITPUCTIOM HARBORVIEW HOTEL a 0 ENITEZYCR Awes IN A;.er un.s.001. 1011.021 ENLARGED UNIT PLAN A-401 E D1 2BR E,1Q+1K+ISOFA Al PRESIDENTIAL 3, 40+1 K+1 SOFA 2 3 03BR,2Q+2K+1SOFA B3 1BR SUITE, 1 K+1SOFA 4 r PRESIDENTIAL 1, 2Q+1K+1SOFA B5 PRESIDENTIAL 2, 2Q+1 K+1 SOFA ■BRPH :e*,.. Fy.rn..,e. m mom on on.1.1.114Tado•IGINNId NOT FOR CONSTRUCTION eacsaew .111-011, HARBORVIEW HOTEL JOSE O. SENO. MER CE.S MSS _.., 1021 ENLARGED UNIT PLAN A-402 I 2 3 I 4 I BS 4BR.4Q+IK+ISOFA ■BRPH F. Lpirma Cansidro a.• nom* NOT FOR C014F1RUCTOM BrOrldNO .105E1 ENttcz MER 0... 101Y1Y31 ENLARGED UNIT PLAN A-403 E D C B A ■BRPH Md.. RMMM.rS, Ys. IMMO NOT FOR CgUTRUCTION 2 3 4 6 FRONT ENTRY WEST ELEVATION 6 esm.. alas JOSE O_ SEMITE. MER Domprtm Aughef CO0.146 001.00 imuma EXTERIOR RENDERING A-901 C B A 2 3 4 5 MARINA SIDE EAST ELEVATION IIIBRPH NOT FOR C011117RUCTIOR M:12WisIM1_ I.1011 awe JOSE O. BMW MEE SM. 104/2021 EXTERIOR RENDERING A 9 0 2 2 i 3 I MARINA SIDE EAST ELEVATION ■BRPH NOT FOR CON$TTRUCTIO HARBORVIEW HOTEL JOSE o. BENNEZ MEN �N.ss.. Auhar 00.15.00100 EXTERIOR RENDERING A-903 D FRONT NORTH WEST ELEVATION 4 I s I 8 ■BRPH NOT FOR CONSTRUCTION JOSE O. 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