SECOND AMENDMENT TO DEVELOPMENT AGREEMENTSECOND AMENDMENT TO DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
("AGREEMENT") is dated the,r L/''day oOu y , 202), and entered into by and
between NESC, LLC, a Florida limited liability company, successor in interest to Louis
Development, LLC ("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 Development Agreement
dated July 27, 2012 (the "Development Agreement") a full copy of which is attached hereto as
Exhibit 1 relating to that certain real property located at 443 East Shore Drive, Clearwater, FL
33767 (the "Property"); and
WHEREAS, Developer and the City acknowledge and agree that an Amendment to the
Development Agreement was approved by the City Council on or about January 22, 2018, by
which the total number of overnight accommodation units comprising the project was increased
from 134 units to 139 units. A full copy of the Amended Development Agreement is attached
hereto as Exhibit 2; and
WHEREAS, on or about September 1, 2021, Developer filed an application to amend
FLD2009-2009 which permitted a 50 -slip marina to allow eight (8) of the marina spaces to be
utilized for restricted commercial uses; and
WHEREAS, pursuant to the Developer's application to amend FLD2009-2009 to allow
eight (8) of the approved marina boat slips to be utilized for restricted commercial purposes,
Developer and the City agree to further amend certain provisions of the Amended 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 RECITALS:
2. The twelfth (12`h) recital of the Development Agreement is hereby deleted and the
following is substituted in lieu thereof:
"WHEREAS, the City has previously approved the construction of fifty (50) boat slips
on the Property, as set forth in and limited by the City as approved as part of application
FLD2009-02009."
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2022027502 01/27/2022 09:30 AM
OFF REC BK: 21908 PG: 18-77
DocType:AGM RECORDING: $511.50
A new recital of the Development Agreement is hereby added as follows:
"WHEREAS, a condition associated with approved application FLD2009-02009 was
reconsidered and amendment to allowed for certain and limited commercial activities
in a limited area of the dock in October 2021."
3. Amendment of SECTION 4. Scope of Project. Section 4.5 is hereby deleted, and the
following is substituted in lieu thereof:
"4.5 The Project shall include a fifty (50) slip boat dock, without fueling facilities,
located on the eastern boundary of the Project ("Docks"). The Docks have been
approved by the City as part of application FLD2009-02009, as amended, to allow for
up to eight (8) of the approved slips to be used for limited commercial purposes. The
Findings of Fact and Conditions of FLD2009-02009, as amended, are incorporated into
this Agreement."
4. Amendment of SECTION 6. Obligations under this Agreement. Section 6.1.7 is hereby
deleted, and the following is substituted in lieu thereof:
"6.1.7 Docks. The fifty (50) Boat Slips to be constructed on the Property shall be
constructed in compliance with the findings and conditions set forth as part of
application FLD2009-02009, as amended."
Section 6.1.7.1 is hereby added as follows:
"6.1.7.1 Restrictions on Commercial Uses of Marina Slips. No more than eight (8) of
the 32 marina slips may be used for licensed charter vessels and no more than two (2)
of the eight (8) slips may be used for licensed jet ski rentals (guided tours only) with
multiple jet skis per slip. There shall be no public cleaning or commercial sale of fish
or amplified music at the marina."
5. Amendment of Exhibit "E". Exhibit "E" to the Development Agreement is hereby
deleted and Amended Exhibit "E" attached hereto is substituted in lieu thereof.
6. No Further Changes. Except as set forth herein there are no further changes,
amendments or modifications to the Development Agreement.
[remainder of this page is blank — signature page follows]
Print N. e:� `li�rit� j} ,%/
Print Name:
As to "Developer
Print Name:
Print Name:
As to "City"
Developer:
NESC, LLC
By:
David Leatherwood
City:
CITY OF CLE
By:
Jon Jen
City n ger
A
Mi c V\a� l 0-0 Y. - s c_xn
RIDA
Attest:
Rosemarie Call, City Clerk
Couersign
Drank V. Hibbard, Mayor
74-"Aget—e.e
Appro ed as to Form:
Matthew Mytych
Assistant City Attorney
EXHIBIT 1
Development Agreement dated July 27, 2012
I$: 2012220917 BK: 17666 PG: 1833, 08/01/2012 at 11:55 AM, RECORDING 26 PAGES
$222.50 NEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK:
CLNDMC4
r -
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the o?7 - - =
day of July, 2012, and entered into between Louis Developments LLC, a Florida% '•,`,
limbed liability company ("Developer"), its successors and assigns, and the CITY* '•
CLEARWATER, FLORIDA, a municipality of the State of Florida acting througltats•'•'
City Council, the governing body thereof ("City"). - - - ' •
RECITALS:
. , , .
i� ,
WHEREAS, one of the major elements of the City's revite$ization a(tof-fs a
preliminary plan for the revitalization of Clearwater Beach entitled Be(ich by D4sign; and
WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the
Florida Local Government Development Agreement Ael;("Act"), authorize the City to
enter into binding development agreements with personiquaKing,ii>legal or equitable
interest in real property located within the corporate ! of the,tj , and
WHEREAS, under Section 163.3223 o€, he Aefe,the City has adopted Section 4-
606 of the City of Clearwater Commu,n ty,pevekprde. t Code ("Code"), establishing
procedures and requirements to considera6d enter, into �ie'velopment agreements; and
WHEREAS, Beach by,,D�estrigri`, post additional hotel units to equalize
development opportunities on,t1le bed+and-eflsure Clearwater Beach remains a quality,
family resort community by,^ nithgr irovig for a limited pool of additional hotel units
("Hotel Density Reserve"fixo*niade available for such mid-sized hotel projects; and
ss
WHEREAS,eDe lopejdwns and controls approximately 1.26 acres of real
property (i ro y".),iirifi corporate limits of the City, consisting of 1.26 acres of upland
from the face -'of ifie itegiralt more particularly described on Exhibit "A" attached hereto
and incorpord hereitii bad
, ,
WHeREAS, Developer desires to develop the Property by demolishing three
single story clatad structures used for overnight accommodations in order to add additional
'0\►erns$ht accommodation units, a restaurant not to exceed six thousand five hundred
05500) sgiatre feet, fifty (50) boat slips without fueling facilities, ground level pool, new
10b4'a pafrking garage and additional remote ground level parking spaces, all of which
`,,-will generally conform to the architectural elevation dimensions shown in composite "B"; and
WHEREAS, upon completion the planned resort will contain 134 units, which
includes Seventy -One (71) units from the available Beach By Design Hotel Density
Reserve; and
WHEREAS, the City has conducted such hearings as are required by and in
accordance with Chapter 163.3220 Fla. Stat. (2011) and any other applicable law; and
PINELLAS COUNTY FL OFF. REC. BIC 17666 PG 1834
WHEREAS, the City has determined that, as of the Effective Date of this
Agreement, the proposed project is consistent with the City's Comprehensive Plan and
Land Development Regulations; and -
WHEREAS, the City has conducted public hearings as required by §§ 4-20§-ina ; '
's „
4-606 of the Community Development Code; and
--
WHEREAS, at a duly called public meeting on July 19, 2012, the City Coin ij
approved this Agreement and authorized and directed its execution by thet,itepropriak
officials of the City; and - - -
WHEREAS, the City has previously approved the constructioq of fife 50) boat
slips on the Property, as set forth in and Limited by the City in I9ereloptbent Order
FLD2009-02009-443-460-462-463 East Shore Drive (the "Boat Slip D.O"); 8nd
WHEREAS, the Boat Slip D.O. was extended, pjrsuant to S.B. 360 and
subsequent legislative amendments as evidenced by;lcet� of (d te)4nd may be entitle to
additional extensions; and '
WHEREAS, the Community Devslopmenn s$oaid approved the design and site
plan as a Flexible Development on Jud 19, 2017, pg boned upon the approval and
execution of this Agreement and 1 ;
WHEREAS, approval, rot' this; ndnt is in the interests of the City in
furtherance of the City's gojis'of phanhiits the viability of the resort community and in
furtherance of the objectiniefileaat by Design; and
WHEREAS, Yeveloikr 1ia%approved this Agreement and has duly authorized
certain individuelstQ,eite this Agreement on Developer's behalf.
I STATEMENT OF AGREEMENT
Inco of and in reliance upon the premises, the mutual covenants
codf hem, and other good and valuable consideration, the receipt and sufficiency
• i wlicb ai a -hereby acknowledged, the parties hereto intending to be legally bound and in
abesotdMp with the Act, agree as follows:
,',,SECTION 1. Recitals. The above recitals are true and correct and are a part of
"tliig'Agreement.
SECTION 2. Incorooration 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.
Page 2
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1835
SECTION 3. Pronsrtv Subiect 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 (1). •
' ,' ,
,
3.2. The Property is owned in fee simple by the Developer. , ;
,
3.3 The Property is generally located at North East corner of Papay4treet aril
East Shore Drive, Clearwater, FL 33767, but includes a parcel on the -Wt skte-o£)
Shore Drive having an address of 460 and 462 East Shore Drive. :`hefs an
assemblage of five parcels of land as more fully described in Exhibit 4A", attach hereto.
SECTION 4. Scone of Project. ' --
4.1 The Project ("Project") shall consist of I 'more/ jaan 134 overnight
accommodation units, to be traditional overnight iecgrnmodaiim'y'units. The proposed
density is 106.26 units per acre, which is well below thlt,ajlctiOci,t50 units.
4.2 The Project shall include 201 rkingtsp s, as defined in the Community
Development Code, of which 177 will wprovideli'bVi'parking garage having 9 spaces
on the ground level, and 84 spaces dp; each die; second and the third level, with 24
additional spaces being provided irt$ rpmQteod level parking lot.
4.3 The proposed.eight of thOnyilding is 73.75 feet to the roof deck midpoint
of the pitched root, less then thb80'1eet allowed. The elevator tower height of 85.5 feet is
allowed pursuant to tl}e,heigl}t ae$nition in the Code.
4.4 The_.desigp' f the Project, as represented in Exhibit "B", is consistent with
Beach by '
41t5, yTie Prp) ct shall include a fifty (50) slip boat dock, without fueling
facilities, lsc atod:orihe eastern boundary of the Project ("Docks"). The Docks have been
apifegi►Zd_by City under the Boat Slip D.O. The Finding of Fact and Conditions of
�.. %yal ii the -Boat Slip D.O. as extended are incorporated into this Agreement. A copy
ofi Slip D.O. as extended is attached hereto as Exhibit "E".
,% 11.6 The project shall comply with the Metropolitan Planning Organization
\o"* countywide approach to the application of concurrency management for
transportation facilities.
SECTION 5. Effective Date/Duration of this A reement.
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 atter having been received by the Department of Economic Opportunity pursuant
Page 3
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1836
to Florida Statutes Section 163.3239 and Clearwater Community Development Code
,
Section 4-606.G. 2 (the "Effective Date"). I
5.2 Within fourteen (14) days after the City approves the execution of this; - , ' •,:>
Agreement, the City shall record the Agreement with the Clerk of the Circuit Courefor % % `
Pinellas County. The Developer shall pay the cost of such recording. The City shag•' ` ` ,
,'
submit to the Department of Economic Opportunity a copy of the recorded *gr�eeinent..
within fourteen (14) days after the Agreement is recorded.,
,, ,` 1
5.3 This Agreement shall continue in effect until terminated, -As abfh4heiejn,
but for a period not to exceed ten (10) years. , , -, - -
it „
,
'
SECTION 6. Obligations under this Agreement.
6.1 Obligations of the Developer.
,'>
6.1.1 The obligations under this Aglgee�meatsh'al)1bgbinding upon and the
benefits of this Agreement shall inure t9 the b�vylape�� Ai successors in interests
or assigns.
6.1.2 At the time of 4eYelopmec sof ;fe Property, the Developer will
submit such applications and ddcumentatibn as are required by law and shall
comply with the City's Codaggp abbe attjte time of building permit review.
6.1.3 The Nfowiap shall apply to development of the
Property.
T lie,Property and improvements located thereon shall be
developec4i)r substantial conformance with the Site and Building Plans
ankle:41 ' rlothibit "B" and approved by the Community Development
Board ("Cie) as case number FLD2012-03008 and the Boat Slip D.O. as
'`,'extended.,' Any minor revisions or changes to the Site Plan shall be
cont with the approved Site Plan and shall be approved by the
' 4lanning Director as a minor modification, pursuant to the Code. Any
-modifications determined by the Planning Director as either inconsistent
s•,•, , with the approved Site Plan or constituting a substantial deviation from the
`. ' � approved Site Plan and thus requiring further approval by the CDB shall
require an amendment to this Agreement in accordance with the
procedures of the Act and the Code, as necessary and applicable. Any and
all such approved and adopted amendments shall be recorded in the public
records of Pinellas County, Florida
6.1.3.2 The Developer shall obtain building permits within one (1)
year of the date of this Agreement (the "Initial Term"), and shall thereafter
timely obtain required certificates of occupancy, in accordance with Code
Section 4-407. Nothing herein shall restrict Developer from seeking an
extension of these time frames pursuant to applicable provisions of the
•13-IN.1
Page 4
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1837
Code and of the Florida Building Code or from seeking an amendment to
this Agreement.
6.1.3.3 The Developer shall execute, prior to commencement„ a',1:•, `•;•,
mandatory evacuation/closure covenant, substantially in the form ;of
Exhibit "C" that the accommodation use will closed as soon as practicabit„'/
after a hurricane watch that includes Clearwater Beach is posies- 6tllie.• ; .,
National Hurricane Center. , , ••
•
1
6.1.4 Covenant of Unified Use. Prior to the issuance of lfie,'fizst buildipg
permit for the Project, the Developer hereby agrees to execute'and recent id the
Public Records of Pinellas County, Florida the covenant ITC unifiee ;use and
development for the Project Site providing that the Project Sitewchall be'&developed
and used as a single project, the form of which covenant is attar as Exhibit
"D"; provided however, that nothing shall precludb:tbe Developer from selling all
or a portion of the Developer's Property in the event th'at,DevelOper determines not
to construct the Project. Additionally, prior; to the iss e'of the first building
permit for the Project, the Developer herebY. ; , tA' erfecute a Declaration of
Unity of Title for the Project Site providipg,thai, Project Site shall be developed
and used as a single project, the ferm;of 4hich2Declaration of Unity of Title is
available from the City Planningfiepartmepb,10s understood and agreed that, in
the event that the Developer ent$4 into thd, rinticipated covenant of unified use and
development, and the Develo r Meets ngt tb construct the Project and notifies the
City of its election in,w citing,,' ,altdinatively, as of the date of expiration,
termination or revocation any,rightspf Developer to incorporate the Hotel Density
Reserve Units into'Yhe,P4ect, the City shall execute and deliver to the Developer
a termination df"such\covenant of unified use and development suitable for
recording in t '?uhGc Reooids of Pinellas County, Florida. Additionally, the City
shall exeerte adct d6liver to the Developer a Release of Unity of Title suitable for
recording id the 4Iiq Records of Pinellas County, Florida.
h.1.5 Allocation of Units from Hotel Density Reserve.; Return of Units to
thd. tesenre-Too1. Covenant Regarding Use of Hotel Density Reserve Units.
::::Subjekrtto the terms and conditions of this Agreement, the City hereby allocates
grantsito the Developer from the Hotel Density Reserve an additional 71 hotel
Its to the Project Site in accordance with applicable law. In the event this
`; '44greement is terminated pursuant to Section 10 of this Agreement, or if any of the
`s,`.` ,; ,1lnits granted to the Developer from the Hotel Density Reserve are not constructed
-' in conjunction with the Project approved by City and in accordance with
Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the
criteria for Hotel Density Reserve Units contained in the City of Clearwater
Ordinance No. 7925-08, as amended, said units shall be returned to the Hotel
Density Reserve and be unavailable to the Developer for use on the Project,
pursuant to Beach by Design. Prior to the issuance of the Certificate of Occupancy
for the Project, the Developer agrees to execute and record a Covenant in the
Public Records of Pinellas County, Florida restricting the Hotel Density Reserve
Units in perpetuity to the use approved by City and by this Agreement.
Page 5
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1838
6.1.6 Transient Use. Occupancy in the overnight accommodation units ' '
from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one -
(31) consecutive days, whichever is less. Nothing herein shall prevent a purchaset% `.'>
of a fractional share unit from owning a period of time greater than thirty -one -01) ,
days, provided every occupancy is limited to a term of one (1) month or thirty -an.-;-'
(31) consecutive days, whichever is less.
•
6.1.7 Docks. The fifty (50) Boat Slips to be constructed on th Properly:
shall be constructed in compliance with the findings and conditioiis,set fet.inlhe
Boat Slip D.O. , , - "
6.2 Obligations of the City.
6.2.1 The City shall promptly process site az1d construction plan
applications for the Property that are consist&rrt1►it11 the Cttniprehensive Plan and
the Concept Plan and that meet the requirements ofihe.
6.22 Upon adoption of thisSreen1et;alae Project shall receive 71 units
from the Hotel Density Reserve'defined jn Bach by Design.
1 '
6.2.3 It is anticipidea-thittbsA go clition to the approval of the Project by
the City, Developer wi1Ybe r `to -construct and maintain a boardwalk along
the seawall on the PFbpeerty, �ihe 'Boardwalk"), and to permit the general public to
enter upon and a theBoardwalk at all times, and to exit the Boardwalk via
an easement oyfrihe,ProRbrly in favor of the City (or for the benefit of the public
at large) to , lotated &hhe north end of the Boardwalk, connecting the
Boardwalk to gasilhore Drive. Said easement shall include terms and conditions
acceptife to fie bill) and which are typical of such other easements for similar
acces$ that are &tkrently in effect between the City (or for the benefit of the public
a(Isr a�end prjvdte land owners. Upon the adoption of this Agreement, City shall
en er din : � of Developer and its successors and assigns, a general
_:Inderiinlfication and hold harmless agreement, to be effective upon the issuance of
',� C.a.'f6r the Project, pursuant to which the City shall indemnify and hold
hat mess Developer, to the extent allowed by law, from and against any and all
\`clailns 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 Develoonrent. 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
Page 6
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1839
applicable at the time of development approval unless otherwise provided by law. With ,
respect to transportation and other public infastruc ure and services subject to _ '1
concurrency requirements, the City of Clearwater finds that all applicable concurrency -'-- - -
provisions for the proposed development have been met.•
7.1 Potable water is available from the City. The Developer shalt`.,',''
*
responsible for all necessary main extensions and applicable connection fees. , -; _ _ s
; -,
7.2 Sewer service is currently provided by the City. The Developershall be ; '
responsible for all necessary main extensions and applicable connectiop•;ees %,;-_____.•//'
7.3 Fire protection from the City. ;
7.4 Drainage facilities for the Property will be provided by'the developer at
the Developer's sole expense. t;,,
_
7.5 Transportation concurrency requiremMifs havefx t'jnet.
7.6 All improvements associatott`with,,tirt public facilities identified in
Subsections 7.1 through 7.4 shall be completed or tdtt a issuance of any certificate of
Occupancy., , >
1,
7.7 The Developer is reslidgsibte for t1Ae,payment of any required impact fees.
SECTION S. Reaqkiry11. JP, government Permits. The required local
government development', pet nits' for development of the Property include, without
limitation, the followig •
8.1 Site -glair aproval(s) and associated utility licenses, access, and right-of-
way utilization itafttitk ' .
t,r,Konstrtjcilion plan approval(s);
;Barilding permit(s); and
'8,4. Certificate(s) of occupancy.
• •`.'
,' ,SECTION 9. Consistency. The City finds that development of the Property is
`c<groistent with the terms of this Agreement and is consistent with the City
Comprehensive Plan and the Code.
SECTION 10. Termination. If the Developer's obligations set forth in this
Agreement are not followed in a timely manner, as reasonably determined by the City
Manager, after notice to the Developer and an opportunity to be heard, existing permits
shall be administratively suspended and issuance of new permits suspended until the
Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as
Page 7
PINELLAS COUNTY FL OFF. REC. BE 17666 PG 1840
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.
__` ,` ,
'>
, , , 1
11.1 Except in the case of termination, until ten (10) years after the date edits. //,'
Agreement, the Property shall not be subject to down -zoning, unit density redgcxiop;.or.
intensity reduction, unless the City has held a public hearing and determined:
11.1.1 That substantial changes have occurred in ppa'jinnt `cpnditiops
existing at the time of approval of this Agreement; or ; ;
•
11.1.2 This Agreement is based on substantially ma0aaate, rnation
provided by the Developer, or - -
11.1.3 That the change is essential to the pubikkealthAa fety, or welfare.
•
SECTION 12. Compliance with Law. T I ,t4i-ni.oftlifs Agreement to address
any particular permit, condition, term or restrkktqn st 1 riot relieve the Developer from
the necessity of complying with then; $oi+e�i*ing; `Such permitting requirements,
conditions, terms or restrictions. •
>
•
SECTION 13. Notices., *cis:*communications required or desired to be
given under this Agreement shall be $i n' to the parties by hand delivery, by nationally
recognized overnight couriep service,sudhal Federal Express, or by certified mail, return
receipt requested, addressed, .foj1ows (copies as provided below shall be required for
proper notice to be givet}).`
If to the Dmldpe%: Louis Development LLC
--' �. ,, '• 630 South Gulfview Blvd.
•
I "Clearwater, FL 33767-2642
ss
' •ff tb'City:
Northside Engineering Services, Inc.
300 South Belcher
Clearwater, FL 33765
City of Clearwater, City Attorney
ATTN: Pamela Akin, Esq.
112 South Osceola Avenue
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the 3rd day following
deposit in the United States mail, certified mail, return receipt requested. The parties may
change the addresses set forth above (including the addition of a mortgagee to receive
copies of all notices), by notice in accordance with this Section.
dismiSapribierdopieriAgreemmt11.13.12y1
Page 8
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1841
SECTION 14. Asslanments.
14.1 By the Developer:
el
,,
1•
1
, •
, .—., .>
14.1.1 Prior to the Commencement Date, the Developer may sell, conve, ,,
assign or otherwise dispose of any or all of its right, title, interest and obfga bn .
in and to the Project, or any part thereof, only with the prior written gtice to the,
City, provided that such party (hereinafter referred to as the "assignees"), to tlie;
extent of the sale, conveyance, assignment or other disposition �by:t e'D Bloper'.td
the assignee, shall be bound by the terms of this Agreement the sargels the
Developer for such part of the Project as is subject to suckr`,sale, copveyance,
assignment or other disposition. -','
14.1.2 If the assignee of the Develo's right, title, interest and
obligations in and to the Project, or any part thereof esgwnes,aQ>of the Developer's
obligations hereunder for the Project, or thjecI thrich sale, conveyance,
assignment or other disposition, then the, Devel%ef shatlie released from all such
obligations hereunder which have beenio,assinnffd by the assignee, and the City
agrees to execute an instrument, eyirjene'uig, h release, which shall be in
recordable form. '•' ` •'
•,>
14.1.3 An assign ienN o project; or any part thereof, by the Developer
to any corporation, litafted'sparti rslrip, limited liability company, general
partnership, or joint vvrfturpyin itn0 the Developer (or an entity under common
control with Deyelope has either the controlling interest or through a joint
venture or othpforangeintnt shares equal management rights and maintains such
controlling iherest oyequah1 anagement rights shall not be deemed an assignment
or transfer-subgoct'jo any restriction on or approvals of assignments or transfers
impostfd'by this.Aireement, provided, however, that notice of such assignment
shall 13e given 40,thebeveloper to the City not less than thirty (30) days prior to
s(ieh, 89;' being effective and the assignee shall be bound by the terms of
thibAgiee'to the same extent as would the Developer in the absence of such
•S
\, 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of
`. `fhe)eveloper'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 anyother Parcel byvirtue of this
-- -- Agreement unless and until such assignee,
purchaser, sublessee or acquire has expressly assumed the Developer's such other
obligations.
14.1.5 Notwithstanding any other provision of this paragraph, the sale of
individual Interval Ownership Units in the ordinary course of business shall not be
subject to the requirements of this paragraph.
Page 9
PINELLAS COUNTY FL OFF. REC. SK 17666 PG 1842
14.2 Sumessors and Assigns. The terms herein contained shall bind and inure to
the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees, ' = - ',
heirs, successors and assigns, except as may otherwise be specifically provided herein. ,' ; '•,`,
I
SECTION 15. Minor Non-Comaliance. The Developer will not be deemed ta,
have failed to comply with the terms of this Agreement in the event such noncotriikiflce; ,; •,
in the judgment of the City Manager, reasonably exercised, is of if 'minor `oil
inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall' " •ith�and
deal with each other in good faith and assist each other in the pkrf p of the
provisions of this Agreement and in achieving the completion of dayelopiht of the
Property. ' -
•SECTION 17. Approvals. Whenever an approval of cansegt ja required under or
contemplated by this Agreement such approval ot; copsegt 'slal1/6ot be unreasonably
withheld, delayed or conditioned. All such apprpvals ead doi egts' shall be requested and
granted in writing. • • , ,
SECTION 18. Completion of Aftreement, k the completion of performance
of this Agreement or its revocation, or terminhtion, a statement evidencing such
completion, revocation or termingtr'o{rgh`bc srignyed by the parties hereto and recorded in
the official records of the City;,'-' ` - -
SECTION 19. ii -areement. This Agreement (including any and all
Exhibits attached hemt6tall of *hteh are a part of this Agreement to the same extent as if
such Exhibits were kr'fott1iih fii11.ih the body of this Agreement), constitutes the entire
agreement between t1 a pies hereto pertaining to the subject matter hereof.
SECTION 20.',Conitruction. The titles, captions and section numbers in this
Agreem aid ipsertec'tbr convenient reference only and do not define or limit the scope
or intent 'a4 i, %shed- tot be used in the interpretation of any section, subsection or
proSiiipp-of.diltkgreement. Whenever the context requires or permits, the singular shall
neludr.the- Neal, and plural shall include the singular and any reference in this
Ageeinejtt.,to the Developer includes the Developer's successors or assigns. This
Agrenr 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
'mining 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
Page 10
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1843
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 are; s,- ' `>
thereby limited, to the extent that the purpose of this Agreement or the benefits soughtta
be received hereunder are frustrated, such party shall have the right to terminate'this,/,•
Agreement upon fifteen (15) days written notice to the other parties. -. _•
•
,, •, •,,
••,
SECTION 22. Code Amendments. Subsequently adopted ordinanceVrd codes;
of the City which is of general application not governing the developmerICeitlabct shall�ie
applicable to the Property, and such modifications are specificalbif �enticipatadn'this
Agreement. 1
SECTION 23. Governing Law. This Agreement shall be goverbed by, and
construed in accordance with the laws of the State of Florida without regard to the conflict
of laws principles of such state.
`,e. �`,,
SECTION 24. Countervarts. This Agreemlait-mttb elecuted in counterparts,
all of which together shall continue one and the'sagre insfrn hent.
1
-•,►
, ,
SECTION 25. Amendmcont. ; This Areenient may be amended by mutual
written consent of the City, the Deve1opar=*nd the 'Association so long as the amendment
meets the requirements of thet,'apph�ble City'ordinances, and Florida law.
iM'' of this page is blank — signature page follows ]
1
,
'
11;
-_ ,
,
1,
`: ` 1 ,
CirwAlaserdDevelepmentAgessreell 13-I2v.1
Page 11
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1844
LOUIS DEVELOPMENTS, LLC
Print Name ?t„r,,,,,c( a,b
As to "Developer"
Print Name:
Print Name
As to "City"
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne
City Manager
„';
. 1 Approved as to Form:
.,
\,
1,, %,',, \
1
STATE OF FL'OR4DA_`_;\,
COUNTYAI; iIN LL*
fordgiAnit instrument was acknowledged before me this day of , 2012, by
Leslie K. Dougall
Assistant City A
; He is [ ] personally known to me or has [ ] produced
1 ` l, as identification.
Notary Public
Print Name:
My Commission Expires:
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1845
EXHIBIT "A"
Legal Description of Project Site
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1846
EXHIBIT "A"
Legal Description for Properties located generally at 443 East Shore Drive
Parcel ID. No. 08/29/15/16434/003/0100
LOTS 8 —12, BLOCK C WITH RIPARIAN RIGHTS, TOGETHER WITH LOTS 10 & 11, BLOCK B, /i! I'SE'-PLANF`,
I wry
BLOCK "A" AND LOTS 1 TO 15 INCL. BLOCK B OF CLEARWATER BEACH PARK FIRST ADD' , AS ; ;
RECORDED IN PLAT BOOK 21, PAGE(S) 21, PUBLIC RECORDS OF PINELLAS COUNTys FLQI(ID�1`. _ -,
1 , ,
1,
,, • ,
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1847
EXHIBIT "B"
Site and Building Plans
1
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1848
• -
;
".•• is ;
howersar
.;':". • •
........ --•-• • • • - • • • >
.. ...... , • • •
.• • • „
......
• • - •
i • • • I
; • • • •
I • ••
• I
• • ••• • •
••• ‘
1
• • •
• t •
. 1 I •
it
I •
„
_
, • • S • •
• — • % • s — -
• •
r •
t‘it
• s,
,s‘s,
• ••'1 •°
• I
1
•, • 1777 "0
•„. •••
• - %,„
•••
I STAKING am PLAN
COURTYARD W PAGRRIVIT (PROPOSED)
111111,1114I111111011A 11101111•1
MI Mr Min MINI
simayamoto.nook
•••
1
11
tee
NortigNg
Oil • wilMen• • • WM* • wow •
UM • IIINIMINOIMIIMS • 41.11.11.11%04. =.111=.
liaMMT011
RIM SOM. ISIONINII
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1849
I 4 !1
z
it st,
• ■ tai fi r
,"441114/01:41011C._.
5
■ IS • ■
gal
MI
w
I
MOD MOD
ijiii
I I ,
pzfw
7 !ill!
i Mil'
E�RTYARD by MARRO T'
M3 EAST SHORE DRIVE
gATfliSIAM 11AROA W
(EAST ELEVATION RENDERING
'4
EXHIBIT "B"
.
Sisurgaidestaiitonis
mairim pews
zepinMrA
•
, ,
COU:TARD by MARRIOTT
.443/ 'AST SHORE DRIVE
'44/5 'WAT4R BEACH FLORIDA 33767
•
Se
iri�:.,cr.. lirr4.r MiafAR -
...+.k .+oars
"un► Me OP* w Mqa , r aM
III. .0 • i dl.". Mari O. � i - •
4.10016 . `]e/NOM rm. a
NORTH ELEVATION C+ONGEPT
.fir ♦ ** a a' -S'
w,i•,rPrat WI was
alorm sat
raw • oeur ea
atoot 'oral
r
i�
yk-.: Foto
MMMM Mw
' • /'
, I
_
_• , ll ,
_
he
, , /
SOUTH ELE VATION'CCEPT
• • •
•
• , I /
•
PINELLAS COUNTY FL OFF. REC. BR 17666 PG 1851
EXHIBIT "C"
COVENANT REGARDING HURRICANE EVACUATION ;
And DEVELOPMENT, USE AND OPERATION ;
DECLARATION OF COVENANTS AND RESTRICTIONS
, ,S
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is matie`as a the
day of , 2012, by Louis Developments, LLC ("Developer"). ,,;: _ ;
Developer is the owner of fee simple title to the real property described in Scheduld,l attach hereto
and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Fivrit>a`(il "C' "), has
amended its Comprehensive Plan to designate Clearwater Beach as a Communityttedevelogiment District
pursuant to the Pinellas County Planning Council Rules in order to implement tht'Rr+ovisio%s;of "Beach by
Design," a plan for the revitalization of Clearwater Beach. , , - ,
The designation of Clearwater Beach as a Community Redevrnent District (the "Designation")
provides for the allocation of Hotel Density Reserve Units as an incenfiihe or thhdevelopment of mid-sized
quality hotels. Pursuant to the Designation, the allocation of HotS pchsit;IResf4t4e Units is subject to
compliance with a series of performance standards, including a rgq,ultntiktxtt lint resorts containing a hotel
developed with Hotel Density Reserve Units shall be closea`and all's evacuated from such resorts as soon
as practicable after the National Hurricane Center posts utr ane'?iatch that includes Clearwater Beach. The
purpose of such evacuation is to ensure that such a Ro4or1 ilicuated in advance of the period of time
when a hurricane evacuation would be expected in eevance oir'thehpproach of hurricane force winds.
The City has granted, by City Councilt lutioti.12.67, passed and approved on July 19, 2012,
Developer's application for Hotel Density;Itesejve Ujiits pursuant to the Designation, subject to Developer's
compliance with the requirements of,thkPesilizfation.lieveloper desires for itself, and its successors and
assigns, as owner, to establish cerlaitrnghts,:duties, obligations and responsibilities with respect to the use and
operation of the Real Property its atcordonce 1wh the terms and conditions of the allocation of the Hotel
Density Reserve Units to the Citytite Designation, which rights, duties, obligations and responsibilities
shall be binding on any a 4-0111 poFessars and assigns and will run with the title to the Real Property.
THEREFORE, considerittjon of the covenants and restrictions herein set forth and to be observed and
performed, and in' cc psidejtion of the allocation of Hotel Density Reserve Units to Developer, and other
good and valuables ztrtion, the sufficiency of which is hereby acknowledged, Developer hereby declares,
covenants paclagiees as tolldws:
slietriliatnd Enforcement. These covenants and restrictions are made for
the belterikof Detgloper and its successors and assigns and shall be enforceable by them and also for the benefit
of the resitiktrAf 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:
2.1.1 A maximum of Seventy -One units, which is the number of hotel units allocated to
Developer, 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
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1852
must be operated by a single licensed operator of the hotel. No such hotel unit shall be used as a
primary or permanent residence.
2.1.2 All other 63 units shall be licensed as a public lodging establishment. No unit shall be used
as a primary or permanent residence. '
2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment,"
"time share," and "operator" shall have the meaning given to such terms in Chapter 599,att I, s,:',
Florida Statutes (2004). ,,'
/ ,
,`,`,�1
2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real,P 's1i 1 be
closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Cent, a ch
hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employeesoiher than itMergency
and security personnel required to protect the resort, shall be evacuated from the lietellis s4 pr ticable
following the issuance of said hurricane watch. In the event that the National Hudi6ane Ceutershall modify the,
terminology employed to warn of the approach of hurricane force winds, the closure andevpcuation provisions
of this Declaration shall be governed by the level of warning employed by the Natioihal Hukricane 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 probableidfall.
3 Effective Date. This Declaration shall become ellie updnisguance of
all building permits required to build the project ("Project") and )*ve opet's.c',6mmencement of construction of
the Project, as evidence by a Notice of Commencement for* Pro, t. This Declaration shall expire and
terminate automatically if and when the allocation of Beservd Vnits ta, the Developer expires or is terminated.
/ • ,5•:5>"
4 Governing Law. This Declaration slat be conued in accordance with
and governed by the laws of the State of Florida`,
5 Recording. This Declar ibrt'shall,be rded in the chain of title of the
Real Property with the Clerk of the Ceurt$'cP inellas ounty, Florida.
• , . ,
6 Attorneys' Fees. li,e'veloOir shiereimburse the City for any expenses,
including reasonable attorneys_ feesZikhich are incurred by the City in the event that the City determines that it
is necessary and appropria(e t6 seek j'u4ieial enforcement of this Declaration and the City obtains relief, whether
by agreement of the partie's or throvgh odder of a court of competent jurisdiction.
,
7 Sever
l�t'Y-§rovision, or part thereof, of this Declaration or the
application of,thispeclefition to any person or circumstance will be or is declared to any extent to e invalid or
unenforceable,th thainder' of this Declaration, or the application of such provision or portion thereof to any
person or cirellitIstbnee, shall not be affected thereby, and each and every other provision of this Declaration
shall be valid
atxtenfb&eable to the fullest extent permitted by law.
ss
[ remainder of this page is blank — signature page follows ]
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1853
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this day of
, 2012.
In the Presence of:
LOUIS DEVELOPMENTS, LLC
BY: E[.c.e flap—
t LQd6rt4+►/ Elias Anastasopoulos, as Manager ember, ..- -
„ •,>
„
, \ , ,
-- . ,
• ,,
•
•
Print Name:
Print Name
As to "City"
CITY O
By
William B. Home II,
City Manager
„
•
,'>
- 1� a
Attest:
-',4.
Rosemarie Can:. lerk r ik r
/:' %•:s.''.-1-.."..--' 411114".>
,';-,,% : `.
• ,
George N. Cretekos, Mayor
_ ,
•„
11 ,
I , 7
t • • • I ,
'•
-
--
,` , ,` ,
STATI~OF FiAARII)A'
COUNTY,OF P114ELLAS
ved as to Form:
Leslie K. Do
Assistant City Atto
The foregoing instrument was acknowledged before me this day of , 2012, by
He is [ ] personally known to me or has [ ] produced
as identification.
Notary Public
Print Name:
My Commission Expires:
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1854
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this J1 day of U. Lt ' '
II
2012, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who ' [ ✓lpersonally
known to me or who has [ ] produced as identification.
,4.„,_
Notary Public ♦ ♦
•
Print Name: Sanas t -k ." i ; I I ;
‘,
My Commission Expires:`....... '
I I• ';
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1855
EXHIBIT "D"
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED DOCUMENT TO: , ,
Kent Kunnas, P.A. • - - - - - ,
101 Main Street, Suite A
Safety Harbor, FL 34695 , , - ,
„
„
COVEN/VT OF UNIFIED USE - - ,
THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this dfay of ;
, 2012, by Louis Developments, LLC ("Developer"). `
• f
WHEREAS, Developer is the owner of the real legally- -
hereto and incorporated herein by reference (the "Real Property"); described ori ScheSule "A" attached
WHEREAS, Developer and the City of Clearwater, Floris (rhe ""yore parties to that certain
Development Agreement dated , 2012 (the "Develo iegt Agr hent"), pursuant to which the
City has agreed that Developer may develop and constructitpon t11,a1perty a hotel project as described
in the Development Agreement (the "Project"); and - _
WITNESSETH:
WHEREAS, Developer intends to develop rind operat0he Real Property for a unified use, as more
particularly described in this Agreement. '
NOW, THEREFORE, in considert'tfon pf tfe sum of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and fficiync'y of which are iereby acknowledged, Developer does hereby agree that,
effective as of the date on which I dvelopelkreceives all permits required to construct the Project and Developer
commences construction thereof r{s evitiencell b r a Notice of Commencement for the Project, the Real Property
shall be developed and operatect as,thotel and fractional share/interval ownership project, as described in the
Development A tfThei ti loos set forth in the preceding sentence shall expire automatically when
and if Developer's alloc4'on of ad4iltional hotel units (as defined in the Development Agreement) expires or is
terminated. Nothing -in thiAgreentont shall require Developer to develop the Project or restrict Developer's
ability to sell, assign f mailer or sAlierwise convey its right in and to the Real Property or any portion or portions
thereof to unrelated third;l,artiis. Further, nothing in this Agreement shall preclude the purchase and sale of one
or more Fractional Sharotinits to be constructed as a part of the Project (the "Fractional Ownership") (or Hotel
Units (as &Wed inihe Development Agreement) if sold in a condominium form of ownership), to separate,
unrelated third' pirties,brovided that such Fractional Share Ownership or Hotel Units are operated and occupied
as parte Project as a single unified project throughout the term of this Agreement. Developer agrees that
the City shall figve 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 and all
Fractional Share Units may be operated by a different, single management firm/operator.
IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this day of
, 2012.
In the Presence of:
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1856
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
2012, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ],pedally ',,,,
known to me or who has [ ] produced as identification. e- - ,
..
-
-
/I , %,
)
II
I ,
,,
,
, -♦,':--.-
-I
et
1
Notary Public
Print Name:
My Commission Expires:
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1857
, -, • >
I I
, ,
ss
,
,
I
I
,
IN WITNESS WHEREOF, the parties have hereto executed th 'Agreemel f the
date and year first above written.
51/
In the Presence of: _7
LOUIS DEVFIOPMENTS, LLC
By:
Elips,
iopo Manager
9K as
S
5
\,
,I ,% 5>
✓
As to `Developer' , 1
, ,
• % , ` I ,
-_
,CITY OF CLEARWATER, FLORIDA
By: 462(4,41.4A,,b
lg. �
Print Name: •' William B. Home A, City Manager
Print Name `
As to "City" ` , ' '
,I. \
Attest:
a4LM a c K- Q
Rosemarie Call, City Clerk
Countersigned:
_
COM( Crt\t jros
George N. Cretekos, Mayor
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1858
Leslie K. Dougall -Sides
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
1 ,
•
, , I I'
.>
, . • , ,
.. ,
Se e
•
I I ,•
t ,,
, ' ,••
- ---
I / -`
The foregoing. , � t 411
/acknowledgged before me this 14 known -day of
a or
2012, by is
[ )irsonallYto
- idcnti�ation
,
1.%eie-Ae�
,IS \:5%110: ,I,
STATE OF FLORIDA • - -
COUNTY OF PINELLAS �`,:,,
The foregoing,' �st<'ume;it, \as acknowledged before me this ar ' day of
7w , 202, by` IAM B. HORNE, II, as City Manager of the
City of Clea�wata,-Eloricfa; who is personally known to me or who has [ ]
produced,',," ` as identification.
.,
•
5%:•,
•
Notary Public
Print Name: 51,4-4:4-a,
My Commission Expire
SANDRA NARRISER
NOTARY PUSUC
STATE OF FLORIDA
Comma * EE142 8
ENinss 114/2016
Page 13
EXHIBIT 2
Amended Development Agreement dated January 22, 2018
AMENDMENT TO DEVELOPMENT AGREEMENT
TMS AMENDMENT TO DEVELOPMENT AGREEMENT ("AGREEMENT') is dated
the e9a day of gLita.4Al2 , 2018, and entered into by and between NESC, LLC, a
Florida limited liability co pany, successor in interest to Louis Development, LLC
("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 Development Agreement
dated July 27, 2012 (the "Development Agreement") a full copy of which is attached hereto as
Exhibit 1 relating to that certain real property located at 443 East Shore Drive, Clearwater, FL
33767 (the "Property"); and
WHEREAS, Developer and the City acknowledge and agree that a minor revision to the
design of the Project which is the subject of the Development Agreement was approved by the
Community Development Coordinator pursuant to Section 4-406(A) of the Community
Development Code on August 22, 2018; and
WHEREAS, on October 1, 2018, Developer filed two applications to transfer a total of
five overnight accommodation units from 22 Bay Esplanade and 699 Bay Esplanade to 443 East
Shore; and
WHEREAS, pursuant to the Developer's applications to transfer density rights to the
Project the Developer and the City agree to increase the number of total number of overnight
accommodation units in the Project from 134 to 139 units, to increase the required parking
spaces from 177 spaces to 187 spaces, and to amend certain other provisions of 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 RECITALS:
2. The seventh (7th) recital of the Development Agreement is hereby deleted and the
following is substituted in lieu thereof:
"WHEREAS, upon completion the planned resort will contain 139 units, which
includes Seventy -One (71) units from the available Beach by Design Hotel Density
Reserve;"
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2019031623 01/30/2019 02:28 PM
OFF REC BK: 20412 PG: 2230.2264
DocTppe:AGM RECORDING: $214.00
3. Amendment of SECTION 4. Scope of Project. Section 4.1 is hereby deleted, and the
following is substituted in lieu thereof:
"4.1 The Project ("Project") shall consist of no more than 139 overnight
accommodation units, to be traditional overnight accommodation units. The
proposed density is 110.32 units per acre, which is well below the allowed 150 units."
4. Section 4.2 is hereby deleted, and the following is substituted in lieu thereof:
"4.2 The Project ("Project") shall include 187 parking spaces as defined in the
Community Development Code, 167 of the parking spaces shall be dedicated to the
139 overnight accommodation units, and 17 spaces shall be dedicated to the public
boat slips."
5. Amendment of SECTION 6. Obligations under this Agreement. Section 6.1.8 is
hereby added:
"6.1.8 Limitation on Amplified Music. Developer agrees that there shall be no
outdoor amplified music at the Hotel after 11:00 p.m. on Sunday through Thursday,
or after 12:00 midnight on Friday and Saturday."
6. Amendment of SECTION 13. Notices. The notice addresses for Developer are hereby
deleted, and the following is substituted in lieu thereof:
"If to the Developer: NESC, LLC
David Leatherwood
500 Sawgrass Place
Sanibel, FL 33957
With Copy to:
Brian J. Aungst, Jr., Esquire
Macfarlane Ferguson and McMullen
625 Court Street, Suite 200
Clearwater, FL 33756"
7. Amendment of Exhibit "B". Exhibit "B" to the Development Agreement is hereby
deleted and Amended Exhibit "B" attached hereto is substituted in lieu thereof.
8. No Further Changes. Except as set forth herein there are no further changes,
amendments or modifications to the Development Agreement.
[ remainder of this page is blank — signature page follows]
Print Name: !{s r e
Print Name: vtfichat Lie f y
As to "Developer"
Print Name:
Print Name:
As to "City"
Developer:
NESC, LLC
By:
David Leatherwood
City:
CITY OF CLEARWATER, FLORIDA
By:
i,d
William B. Home II.
City Manager
Attest:
Rosemarie Call, City Clerk
Countersigned:
— CkCar‘cf\Cr tItt.tO1
47/SHED
Ngo`'.
George N. Cretekos, Mayor
Approved as to Form:
Mike Fuino
Assistant City Attorney
AMENDED EXHIBIT "B"
Site and Building Plans
D
0
i
I =MORE 0111V[
• • • •
x"
I1
n
pp o i COURTYARD
1
t )arriott
C
Courtyard by Marriott
443 East Shore Drive
Clearwater Beach. FL 33767
Louis Developments, LLC
I
ONO
;t: ki
t
•. SHORE DRIVE
z
a
g
//
9 9 • • •
A !
9:r
t�►t
Y
A
:MOJSSJvJ JflS QESI
Courtyard by Marriott
COURTYARD 443 East Shore Drive
Nd f f 1011 Clearwater Beach, FL 33767
Louis Developments, LLC
111
rt
'PREVIOUSLY APPROVED SUBMISSION
13.5
1
e.I.1 Dec k
•Mo 124,
14.1.
011I
oij
; ''- Jr, •
(.)
I
3
5
/N.
I /
Ir.• 4.4 •• sort •
11
C, &wait
2/S7 • 1,7
19.5
,ED
giku
11.30•It
W1V1Wle MINIMA
lettlt
41MM
-taatutlita"--
was,
IWELI MY!
Lead • Plow
WWWIr *MOP
A-1.1.4
REVISED SUBMISSION: 10/8/18
.17.151-- Mr
9
w.r I
1ff
0 t Bit
MOM /••••••••••
••••••••••
Pak .mom
44,1101.••
dig
If=e1Vetir
rv••••••
Oomark
or
COT We
MIMMIMO•
IMMO( OM
rano
iiMMIT MUM
tamil 1•MIMIlm
mot ammo
A-1.1.4
031-N
fro no
COL 11.011M1111
MOWS
1 110 100N1
OIIN1ili
{
KI
I i
I
•
r
ti--_'�' S I S
f
•
u
'
T
I COURTYARD
a
Courtyard by Marriott
443 East Shore Drive
Clearwater Beech, FL 33767
Louie Developments, LLC
,
9.;
...
tr
o �.
•
FI
COUR1YARD
)Mmott
Courtyard oy Marriott
443 East Shore Drive
Clearwater Beach, FL 33767
Louis Developments, LLC
IL
;14
r
4--
•
•—c)
TI>
1
996S -1111—
i
11
•
a- a- 5-
634
0
E
COURTYARD*
Akan -tett
Courtyard by Mamott
443 East Shore Drive
Clearwater Beach FL 33787
Louis Developments, LLC
V1311
annoaeivn
V
�i
b6ob_b
C�,
x
C,
4
• --G
La
I COUR-WARD'
Aarnott
010
le f
•-- ----------
Courtyard by Marriott
443 East Shore Drive
Clearwater Beach, FL 33787
Louis Developments, LLC
1100
air! mamma
LJ
LVIV
e
..0•114..“
41.
/ • at,at —. ...-4, / ...
• ..,,,,, i
il .... :•:•T
.6 0 'On
----
1•04
•
9 .
•••1,•••••• •••Pli
C
•71"Li
V 00
in
(_)0 cipt(bd cb®
_44
•
o—
a-
•
4 Q o Q o®0°4
01.5 O
no
613
i •
s I
b b ,z „ h
I I
ROA MAMMON
tea.
SIF' WM,•••w•.::
O
a-_
0 •
o
'
ED
O
sci(c j
4.11,14.1111
ant
ntftrtttrf
l
b
■t
t
4
X t4
—1
— 1
r •
1®
I'
0
-0
---0
0T"W
TSfi
0100.11.00110.
0)-d
410
n, E-1 1 NI
Er —1 ill'rrnirrirla-
9 irSR•"" Arrirarirria
® A#' .Irrrilrlr 7
40../0.
I ..- .
ki CI O l► {V Ol O ®
0 IO
-
r En
171
771-1111
•
- - -
4. fiet
6454 -
4010
I
T"urti'"f 2E1
ralrom a
°TrIn
ii �m
-
-y---I---�-I--
,
e -b 6 6 6 6
CD
o'Z'tryPOMP
1t
644
1E1
1$1
p
41111.
F3 EV E3 F3 imp
:ftititi e
1E1
1.,1
II
1E1
1E1
PA
— poi wit
st 1E
■a 1E
1
f
III '.al
fll TM 711 rn
air
a■
;gjI I^1
1E1
1E1
1E1
6 O 6 (S, 6
1E1
`cI/u
1E1
IEI
1E1
II
1E1
IsI
6 ' 6
ewe
i;�- j cow
m
Courtyard by Marriott
443 East Shore Drive
Clearwater Beach, FL 33787
Leas Developments. LLC
COO- INott Oral. Omer
REVISED PROPOSAL
3000,
10 0 0
Dan
J0 D 0
JD 0 D �1
0000
0 0 0 Li
0 0 0
Vows 0.4
GIS
..1410
MR -2
COO ra Swans,'
Jag intnOn*
MR -3
COURTYARD°
Atamori
Courtyard by Marriott
443 East Shore Drive
Clearwater Beech, FL 33787
Louis Developments, LLC
,E_ €le1;a
•Y
COURTYARD°
AIAmott
Courtyard by Mamott
443 East Shore Dive
Clearwater Beach, FL 33767
Louis Developmerts. LLC
o r�
AMENDED EXHIBIT "E"
CITY OF CLEARWATER
PLANNING 8c DEVELOPMENT DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 S. MYRTLE AVENUE
TELEPHONE (727) 562-4567
Brian J. Aungst, Jr., Esq.
Macfarlane Ferguson & McMullen, P.A.
625 Court Street, Suite 200
Clearwater, FL 33756
RE: Reconsideration of Condition of Approval - Development Order
Case FLD2009-02009
455 East Shore Drive
Dear Mr. Aungst:
November 03, 2021
This letter constitutes a Development Order pursuant to Community Development Code Section
4-206.D.6. On October 19, 2021, the Community Development Board reviewed your request for
a reconsideration of condition of approval No.5 associated with a previously approved 7,305
square foot 50 -slip dock of which 32 slips will be used as a marina facility to be rented to the
public and the remaining 18 slips will be used as commercial dock accessory to upland use in the
Tourist (T) Zoning District and Marina Character District of Beach by Design for the property
located at 455 East Shore. The Community Development Board (CDB) APPROVED the request
for reconsideration of condition of approval No. 5 with the previous Findings of Fact, Conclusions
of Law and Conditions of Approval:
Findings of Fact
1. That the 1.25 acre subject property is located at the northeast corner of East Shore Drive
and Papaya Street;
2. That the subject property is located within the Tourist (T) District and the Resort Facilities
High (RFH) Future Land Use Plan category;
3. That the use of the associated properties is attached dwellings;
4. That the subject property is located in the Marina District of Beach by Design;
5. That the existing dock and slips are to be removed;
6. That the site has approximately 315 feet of waterfront frontage on Clearwater Harbor
between the north and south property lines;
7. That the proposal consists of the construction of a 7,142 square -foot, 50 slip dock to be
used, in part, as a marina, and as accessory slips for existing attached dwellings;
8. That based on a parking ratio of one parking space per two slips and there being 36
proposed slips for rent, a total of 16 parking spaces are required;
9. That the upland development will consist of 16 parking spaces for use by those utilizing
the 32 docks for rent;
10. That there are no residentially zoned properties adjacent to the proposed dock; and
11. That there are no outstanding Code Enforcement issues associated with the subject
property.
Aungst; Development Order
November 3, 2021
Page 2 of 3
Conclusions of Law
1. That the development proposal is consistent with the Flexibility criteria as per CDC Section
2-803.E and 2-802.L;
2. That the development proposal is consistent with the commercial dock review criteria as
per CDC Section 3-601.C.3;
3. hat the development proposal is consistent with the marina review criteria as per CDC
Section 3-603; and
4. That the development proposal is consistent with the General Applicability criteria as per
CDC Section 3-913.A.
Conditions of Approval:
1. That prior to the issuance of a Certificate of Occupancy, all 16 parking spaces are dedicated
for marina use only and labeled as such;
2. That prior to the issuance of any permits, a Declaration of Unity of Title combining parcels
08-29-15-16434-003-0080, 08-29-15-16434-003-0100 and 08-29-15-16434-002-0100 be
recorded in the public records and a copy of said recorded document be provided to the
Planning and Development Department;
3. That prior to the issuance of any permits, all outstanding Landscape, Storm Water, Traffic
Engineering and Engineering conditions are met;
4. That the method of informing the dock patrons of available restroom facilities in the motel
immediately adjacent to the north is provided;
5. That, no more than eight (8) of the 32 marina slips may be used for licensed charter vessels
and no more than two (2) of the eight (8) slips may be used for licensed jet ski rentals
(guided tours only) with multiple jet skis per slip. The eight (8) slips that may be used for
licensed charter vessels pursuant to the terms of this condition shall be located on the
southernmost marina slips as depicted on the approved site plan. There shall be no public
cleaning or commercial sale of fish or amplified music at the marina;
6. That there be no fueling facilities at this marina;
7. That live aboard vessels are prohibited;
8. That covered boat lifts are prohibited;
9. That signage be permanently installed on the docks or at the entrance to the docks
containing wording warning boaters of the existence of protected sea grasses and manatees
in the vicinity; and
10. That a copy of the SWFWMD and/or FDEP Permit and any other applicable environmental
permits, Corps of Engineer's Permit and proof of permission to use State submerged land,
if applicable, be submitted to the Planning Department prior to commencement of
construction.
Pursuant to CDC Section 4-407, an application for a building permit or other approvals shall be
made within one year of the date of Flexible Development approval (by October 19, 2022). All
required certificates of occupancy shall be obtained within two years of the date of issuance of the
initial building permit. The building permit must be obtained within six months of the initial permit
application. This timeframe to obtain the initial building permit may be extended for an additional
six months for cause by the Community Development Coordinator. Time frames do not change
with successive owners. The Community Development Coordinator may grant an extension of
Aungst; Development Order
November 3, 2021
Page 3 of 3
time for the Flexible Development approval for a period not to exceed one year and only within
the original period of validity.
The issuance of this Development Order does not relieve you of the necessity to obtain any
building permits or pay any impact fees that may be required. In order to facilitate the issuance of
any permit or license affected by this approval, please bring a copy of this letter with you when
applying for any permits or licenses that require this prior development approval.
Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant
to CDC Section 4-502.B by the applicant or by any person granted party status within 14 days of
the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of
the decision pending the final determination of the case.
If you have any questions, please do not hesitate to call Kevin W. Nurnberger, Senior Planner, at
727-562-4567 x 2502or via email at kevin.nurnberger@myclearwater.com.
Gina L. Clayton
Planning and Development Director