22-02RESOLUTION NO. 22-02
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AMENDING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND NESC, LLC
(AS ASSIGNED BY LOUIS DEVELOPMENT LLC);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City City of Clearwater (the "City") and the Louis
Development, LLC (the "Original Developer") were parties to that certain Density
Reserve Development Agreement (the "Agreement") as approved on July 19,
2012, a copy of which is attached as Exhibit "1;"; and
WHEREAS, the Original Developer's interest in the Agreement and the
Amended Agreement was assigned to NESC, LLC (the "New Developer") on
August 4, 2018; and
WHEREAS, the City and the New Developer amended the Agreement
(the "Amended Agreement") to increase the overall number of hotel units from
134 to 139 through the transfer of five hotel units on January 17, 2019, a copy of
which is attached as Exhibit "2"; and
WHEREAS, the City and the New Developer desire to amend certain
terms and provisions of the Agreement, as amended, including changes limited
only to the use of certain slips with no changes to the site plan and/or 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 Development Agreement between the
City of Clearwater and NESC, 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.
Resolution No. 22-02
PASSED AND ADOPTED this 9)D day of JapMu-4KV , 2022.
Approved as to form:
Matthew Mytych
Assistant City Attorney
Frank Hibbard
Mayor
Attest:
Rosemarie CaII
City Clerk
Bl1SHED"
2 Resolution No.22-02
I#: 2012220917 BK: 17666 PG: 1833, 08/01/2012 at 11:55 AM, RECORDING 26 PAGES
$222.50 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK:
CLKDMC4
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the a%
day of July, 2012, and entered into between Louis Developments LLC, a Florid- ,
limited liability company ("Developer"), its successors and assigns, and the CITY'OF ; ,,
CLEARWATER, FLORIDA, a municipality of the State of Florida acting throughits,'
City Council, the governing body thereof ("City"). - -
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RECITALS: t,
WHEREAS, one of the major elements of the City's revitalization .soft is a
preliminary plan for the revitalization of Clearwater Beach entitled Belch by D sign; and
WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the
Florida Local Government Development Agreement Ac`t,Y.,Act"), authorize the City to
enter into binding development agreements with -sons ,l2aying,,4%legal or equitable
interest in real property located within the corporate of this City; and
WHEREAS, under Section 163.3223 of the AEt„'lhe City has adopted Section 4-
606 of the City of Clearwater Commuui - Devel1pnYent Code ("Code"), establishing
procedures and requirements to consider acid enter into development agreements; and
WHEREAS, Beach by ,IsOigri, proposed additional hotel units to equalize
development opportunities on,tlie' beae,Wr and -ensure Clearwater Beach remains a quality,
family resort community by, nrther;proviaing for a limited pool of additional hotel units
("Hotel Density Reserve'»'to i t ade available for such mid-sized hotel projects; and
WHEREAS,' -1e, Deyelopetsowns and controls approximately 1.26 acres of real
property ("Property!'),iirtre,corporate limits of the City, consisting of 1.26 acres of upland
from the face' f tIi .ketk'aJ1 more particularly described on Exhibit "A" attached hereto
and incorpor$*d herein% ands
W REAS,:f.he Developer desires to develop the Property by demolishing three
sing%story aaied structures used for overnight accommodations in order to add additional
even i ht accbnlmodation units, a restaurant not to exceed six thousand five hundred
(652)0) square feet, fifty (50) boat slips without fueling facilities, ground level pool, new
lobby ' perking garage and additional remote ground level parking spaces, all of which
svvi11 geherally conform to the architectural elevation dimensions shown in composite
'E:xhibit "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. BK 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 -206 -arid
4-606 of the Community Development Code; and \\`\,,, ;;'
WHEREAS, at a duly called public meeting on July 19, 2012, the City Council
approved this Agreement and authorized and directed its execution by the', appropriai4
officials of the City; and _
WHEREAS, the City has previously approved the construction of fiftif (50) boat
slips on the Property, as set forth in and limited by the City in bve1opihhnt Order
FLD2009-02009-443-460-462-463 East Shore Drive (the "Boat Slip D.O.");-and
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WHEREAS, the Boat Slip D.O. was extended ;pursuant; to S.B. 360 and
subsequent legislative amendments as evidenced by(1�elter_ of (zia'te) and may be entitle to
additional extensions; and ' " sy
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WHEREAS, the Community Deyelop;nent•E ai'ci approved the design and site
plan as a Flexible Development on Jurie' 19; 2012, \xitditioned upon the approval and
execution of this Agreement; and ,
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WHEREAS, approval,-§£ this, vAgreent nt is in the interests of the City in
furtherance of the City's go/sip/of enhanaoi`itg the viability of the resort community and in
furtherance of the objectives o"Beach by LJ'esign; and
WHEREAS,'.Devgloper has: approved this Agreement and has duly authorized
certain individuals tQ e)ecAfte this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
Ii scbnMd$raiioii of and in reliance upon the premises, the mutual covenants
coi ti fined-heein, and other good and valuable consideration, the receipt and sufficiency
<61\wht"'c1 are -hereby acknowledged, the parties hereto intending to be legally bound and in
aacorditc' with the Act, agree as follows:
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,%,SECTION 1. Recitals. The above recitals are true and correct and are a part of
thipAgreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as of
the date of this Agreement are incorporated herein by this reference and made a part of
this Agreement. Words used in this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in the Act.
cfem vtogas\DevabpmrntAgreemcnAl-13-1sv.1
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PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1835
SECTION 3. Property Subject to this Agreement. The Property described in
Exhibit "A" is subject to this Agreement ("Property").
3.1 The D..«...t., currently has _ land use
d__.___ rResort
H.
ation
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(RFH) and is zoned Tourist (T).
3.2. The Property is owned in fee simple by the Developer.
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3.3 The Property is generally located at North East corner of Papaya`,Street and
East Shore Drive, Clearwater, FL 33767, but includes a parcel on theWit scte-o£EEs't
Shore Drive having an address of 460 and 462 East Shore Drive. , The Proprty is an
assemblage of five parcels of land as more fully described in Exhibit kA" attachg4 hereto.
SECTION 4. Scope of Project. - -
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4.1 The Project ("Project") shall consist ofnb;more.than 134 overnight
accommodation units, to be traditional overnight aecaamcpodatletv'units. The proposed
density is 106.26 units per acre, which is well bglow t1 alkocel ,1'50 units.
4.2 The Project shall include 201-prlankspaOs, as defined in the Community
Development Code, of which 177 will *'provided byva`parking garage having 9 spaces
on the ground level, and 84 spaces op',each die'',second and the third level, with 24
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additional spaces being provided in'rgnte, grg�rlevel parking lot.
4.3 The propose4.l}eight.of thc 6yilding is 73.75 feet to the roof deck midpoint
of the pitched roof, less than'tlae,80'feet allowed. The elevator tower height of 85.5 feet is
allowed pursuant to the'height definition in the Code.
4.4 The.deslgp'of the Project, as represented in Exhibit "B", is consistent with
Beach by Desi$►f.-
`, The Project shall include a fifty (50) slip boat dock, without fueling
facilities, located oirJhe eastern boundary of the Project ("Docks"). The Docks have been
apRisiVed-b-y-'the, City under the Boat Slip D.O. The Finding of Fact and Conditions of
<Apgpr&al ui the -oat Slip D.O. as extended are incorporated into this Agreement. A copy
of $aat,Slip D.O. as extended is attached hereto as Exhibit "E".
s, ss,%,4.6 The project shall comply with the Metropolitan Planning Organization
siMF(.01 countywide approach to the application of concurrency management for
transportation facilities.
SECTION 5. Effective Date/Duration of this Agreement.
5.1 This Agreement shall not be effective until this Agreement is properly
recorded in the public records of Pinellas County, Florida, and thirty (30) days have
elapsed after having been received by the Department of Economic Opportunity pursuant
clime nd1-a-I2v.1
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PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1836
to Florida Statutes Section 163.3239 and Clearwater Community Development Code
Section 4-606.G. 2 (the "Effective Date").
5.2 Within fourteen (14) days after the City approves the execution of tltr5, ; ,
Agreement, the City shall record the Agreement with the Clerk of the Circuit Cout ff r ,'
Pinellas County. The Developer shall pay the cost of such recording. The City shall,
submit to the Department of Economic Opportunity a copy of the recorded Agreeinent,'s
within fourteen (14) days after the Agreement is recorded.
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5.3 This Agreement shall continue in effect until tenninatecj; asdefine�0her',
but for a period not to exceed ten (10) years. ; ; - -
SECTION 6. Obligations under this Agreement.
6.1 Obligations of the Developer: `;• •
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6.1.1 The obligations under this AgFeeu3enl shall if r binding upon and the
benefits of this Agreement shall inure to the I,Xveltjper, successors in interests
or assigns.
6.1.2 At the time of cley'elopmentsiattKe Property, the Developer will
submit such applications and documenta`ti'on as are required by law and shall
comply with the City's Cod6,4pplicabie aa-iJie time of building permit review.
6.1.3 The ftiliowin$ restrictions shall apply to development of the
Property:,",
`6.1,3;1' Tli&Property and improvements located thereon shall be
developlc' ill substantial conformance with the Site and Building Plans
;atiac�lie�i•as•xhibit "B" and approved by the Community Development
;Board ("CPB`‘) as case number FLD2012-03008 and the Boat Slip D.O. as
`, h?ctended.' Any minor revisions or changes to the Site Plan shall be
'`; Conjsietit with the approved Site Plan and shall be approved by the
-_ _ :,Manning Director as a minor modification, pursuant to the Code. Any
< 'modifications determined by the Planning Director as either inconsistent
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
Clie,ns\Rogas%Deve1 pmentAg eemeirtV-13-12v.1
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PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1837
Code and of the Florida Building Code or from seeking an amendment to
this Agreement.
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6.1.3.3 T1.. Developer shall prior
N/`
mandatory evacuation/closure covenant, substantially in the forrp ' df ,),%
Exhibit "C" that the accommodation use will closed as soon as practicable,"
after a hurricane watch that includes Clearwater Beach is poste$- bi, th`e,;
National Hurricane Center.
6.1.4 Covenant of Unified Use. Prior to the issuance 9011e%frr'sf'buildi g
permit for the Project, the Developer hereby agrees to executo and record incthe
Public Records of Pinellas County, Florida the covenant 1,df unified ;use and
development for the Project Site providing that the Project Site"shall b� 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. Additionally, prion tQhfie,issuan e'of the first building
permit for the Project, the Developer hereb}�, agrees . v - ecute a Declaration of
Unity of Title for the Project Site providifigthat,t4e Project Site shall be developed
and used as a single project, the Jorm;of i' jich, Declaration of Unity of Title is
available from the City PlanningT7epartmept: ;Itis understood and agreed that, in
the event that the Developer enters into the, anticipated covenant of unified use and
development, and the Developer n9t'to construct the Project and notifies the
City of its election in,tin' end;-alte'natively, as of the date of expiration,
termination or revocpt}on any,right's'pf Developer to incorporate the Hotel Density
Reserve Units into llie,Rrlyect, the City shall execute and deliver to the Developer
a termination "ei" such ' t,dvenant of unified use and development suitable for
recording in tiie,Publje Reedits of Pinellas County, Florida. Additionally, the City
shall execute,arld'clteliver to the Developer a Release of Unity of Title suitable for
recording iii tlaPilblii Records of Pinellas County, Florida.
6X1.5 Allocation of Units from Hotel Density Reserve; Return of Units to
the\.IlseYe- Pool. Covenant Regarding Use of Hotel Density Reserve Units.
.-Subjieftp the terms and conditions of this Agreement, the City hereby allocates
<;s, Arid grants' to the Developer from the Hotel Density Reserve an additional 71 hotel
'units to the Project Site in accordance with applicable law. In the event this
`.'Agreement is terminated pursuant to Section 10 of this Agreement, or if any of the
,' ,units 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.
Clients \tog\Devdopma tAgreemem\1-13-12v.1
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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 - - - - -1
(31) consecutive days, whichever is less. Nothing herein shall prevent a purchaser,-
of a fractional share unit from owning a period of time greater than thirty-one,,(l') ;
days, provided every occupancy is limited to a term of one (1) month or thirty, one.
(31) consecutive days, whichever is less. ,, - - , , ,
6.1.7 Docks. The fifty (50) Boat Slips to be constructed on tlie,Propersy;
shall be constructed in compliance with the findings and conditions ietrtl-in-Are
Boat Slip D.O.
6.2 Obligations of the City.
6.2.1 The City shall promptly process'stte, arld;%construction plan
applications for the Property that are consistgnt4ith the•Nmprehensive Plan and
the Concept Plan and that meet the requireemerit&,00fihe`Code.
6.2.2 Upon adoption of thilAgreentent;,t`he Project shall receive 71 units
from the Hotel Density Reserve 'defned in Beach by Design.
6.2.3 It is anticipafetl'that,as, a cdi)dition to the approval of the Project by
the City, Developer willbe regpiired'to-Construct and maintain a boardwalk along
the seawall on the Property, (The qoardwalk"), and to permit the general public to
enter upon and traverse, th'e'Boardwalk at all times, and to exit the Boardwalk via
an easement ov§v'the.Prdperty in favor of the City (or for the benefit of the public
at large) tolie. , located ats%the north end of the Boardwalk, connecting the
Boardwolle to.raft Shore Drive. Said easement shall include terms and conditions
accepTe)re to the, tty> and which are typical of such other easements for similar
acces$ that are cutrently in effect between the City (or for the benefit of the public
at large)'and prj'vate land owners. Upon the adoption of this Agreement, City shall
enter, , ih _ icfr of Developer and its successors and assigns, a general
-,1inden nitication and hold harmless agreement, to be effective upon the issuance of
<:`, a, C.0 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
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`plai'tns for injury, death, and damage brought in connection with the use of the
'..'•s ,' ,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
aftlAtogimakvelomectiftremm\143-12,1
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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 infrastructure and services subject to
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 shall' ,' ,
responsible for all necessary main extensions and applicable connection fees. , : _ ; -,ss,
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7.2 Sewer service is currently provided by the City. The Developee,gtiall be ;
responsible for all necessary main extensions and applicable connectioj fees _ _
7.3 Fire protection from the City. ' `
7.4 Drainage facilities for the Property will be provided by the -Developer at
the Developer's sole expense. -;
7.5 Transportation concurrency requiremer�is have sb'e 'n'i fet.
7.6 All improvements associatect with\flie public facilities identified in
Subsections 7.1 through7.4 shall be co e
mpl teff prior to,ffie issuance of any certificate of
Occupancy. ' ' ' s ' ,
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7.7 The Developer is resiOri iblesfor tte,payment of any required impact fees.
SECTION 8. Required Luca['' Xovernment Permits. The required local
government development, perms' for development of the Property include, without
limitation, the followrnn:'
se
8.1 Site -plan approvals) and associated utility licenses, access, and right-of-
way utilizatioxf oeriititk
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8;2, `, Construetlon plan approval(s);
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- permit(s); and
's 8,4, Certificates) of occupancy.
,% ,SECTION 9. Consistency. The City finds that development of the Property is
'consistent 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
ai.m\RogerADevelopmentAgreem.uA1-13-12y.1
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PINELLAS COUNTY FL OFF. REC. BK 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.
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11.1 Except in the case of termination, until ten (10) years after the date of tlis,'
Agreement, the Property shall not be subject to down -zoning, unit density reduciion; 43r, `.
intensity reduction, unless the City has held a public hearing and determined:
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11.1.1 That substantial changes have occurred in pertiii t't<andi1icips
existing at the time of approval of this Agreement; or ; ; - - -
11.1.2 This Agreement is based on substantially y inaiy�tirate-ih#ormation
provided by the Developer; or - -
11.1.3 That the change is essential to the pub'ic'health, Safety, or welfare.
SECTION 12. Compliance with Law. The \t`ai1i a of tills Agreement to address
any particular permit, condition, term or restriis(ign shall, hot relieve the Developer from
the necessity of complying with the law- ogirging� `,Such permitting requirements,
conditions, terms or restrictions. ' '
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SECTION 13. Notices. isIdticds'and cpipinunications required or desired to be
given under this Agreement shall'be'giiien'to- the parties by hand delivery, by nationally
recognized overnight courief'service,such,as Federal Express, or by certified mail, return
receipt requested, addres d' foJ16ws (copies as provided below shall be required for
proper notice to be gives): '
If to the Developers Louis Development LLC
630 South Gulfview Blvd.
'Clearwater, FL 33767-2642
Wltlt Cbptto
\ Ss
sss
ss
\\If lo
'City:
'City:
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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.
clime\RogersTleeelopmrnengreement\I.I3-,zv.1
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PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1841
SECTION 14. Assisnments.
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 obIigationS'.
in and to the Project, or any part thereof, only with the prior written zygtice to the,
City, provided that such party (hereinafter referred to as the "assigrtr'k"), to die)
extent of the sale, conveyance, assignment or other disposition kyitkeDev loperjo
the assignee, shall be bound by the terms of this Agreement the same -al the
Developer for such part of the Project as is subject to sucV,sale, c $'eyance,
assignment or other disposition. ` ' _ _ -' -'
14.1.2 If the assignee of the Develdp*s right, title, interest and
obligations in and to the Project, or any part thereof assumes att of the Developer's
obligations hereunder for the Project, or that Raiff su1jeetsco;such sale, conveyance,
assignment or other disposition, then the Devdldpgr)hJtllie released from all such
obligations hereunder which have beeri'so,assuij ea by the assignee, and the City
agrees to execute an instrument. -ev_ ideneing Stich release, which shall be in
recordable form. - `
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14.1.3 An assignmen:Iqf the, Pro pot, or any part thereof, by the Developer
to any corporation, Iiiritedssizartitershiii, limited liability company, general
partnership, or joint,v@titure,"in wl kji the Developer (or an entity under common
control with Developer);has either the controlling interest or through a joint
venture or othaf Arrarlgetz4ilt shares equal management rights and maintains such
controlling iriteit st o'r quat tanagement rights shall not be deemed an assignment
or transfer- subjeci`xo any restriction on or approvals of assignments or transfers
impose 11iy ihfsAgteement, provided, however, that notice of such assignment
shall PO given brithe Developer to the City not less than thirty (30) days prior to
shah as*igmnent,being effective and the assignee shall be bound by the terms of
this, grbemeirt'to the same extent as would the Developer in the absence of such
;_rssigtxerlt.
sss,s, 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of
' hesbeveloper'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.
14.1.5 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.
crents\Rog i\DC elopmmrt, memv,3-,z..,
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PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1842
14.2 Successors and Assigns. The terms herein contained shall bind and inure to
the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees, ' - - - -
heirs, successors and assigns, except as may otherwise be specifically provided herein. ; - , •
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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 noncorripliance;
in the judgment of the City Manager, reasonably exercised, is of q ;minor 'or,
inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall' Oooperate',wifIf and
deal with each other in good faith and assist each other in the Verformaiic0 of the
provisions of this Agreement and in achieving the completion of de.lopnient of the
Property. - -
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SECTION 17. Approvals. Whenever an approval o onsent N required under or
contemplated by this Agreement such approval of nsent §hll'fiot be unreasonably
withheld, delayed or conditioned. All such approvals'aild,epnigng shall be requested and
granted in writing. '
SECTION 18. Completion of Ag'reement. U the completion of performance
of this Agreement or its revocation', or termination, a statement evidencing such
completion, revocation or terminatfeti'ghalt be siged by the parties hereto and recorded in
the official records of the City.,';' - -
SECTION 19. ,Eniiri",Agreement. This Agreement (including any and all
Exhibits attached heret6,all of wh1ch are a part of this Agreement to the same extent as if
such Exhibits were Sef fott in full sin the body of this Agreement), constitutes the entire
agreement between -the parties hereto pertaining to the subject matter hereof.
SECTXON 20.',Construction. The titles, captions and section numbers in this
AgreemOt,ai'e'ipserted3br convenient reference only and do not define or limit the scope
or intent 'acid, Shanks- not be used in the interpretation of any section, subsection or
preovi iQn'of tl is,Agreement. Whenever the context requires or permits, the singular shall
a"ngludes,the plural, and plural shall include the singular and any reference in this
A'g eemtnt, to the Developer includes the Developer's successors or assigns. This
Agreement' was the production of negotiations between representatives for the City and
\the D,e teloper and the language of the Agreement should be given its plain and ordinary
`me ing 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
Clients \RogersOevebpmentAgreemem1-13-12v 1
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:- ; '
thereby limited, to the extent that the purpose of this Agreement or the benefits sougjrt't'o ,'
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 ordinanceg`and codes;
of the City which is of general application not governing the developmetif&lanc'shalliie
applicable to the Property, and such modifications are specifically' 1annticipatsc1'in" this
`
, ,
SECTION 23. Governing Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida without regard to the conflict
of laws principles of such state. ,' ;
,
SECTION 24. Counterparts. This Agreem n]�may,be-elecuted in counterparts,
all of which together shall continue one and the'fkantie iiis'ft,tfinent.
- ' ,
_; s
SECTION 25. Amendment. This Aireenient may be amended by mutual
written consent of the City, the Derelopr, and the Association so long as the amendment
meets the requirements of the Mt,'applihable City ordinances, and Florida law.
,.
1„reula,lhite,(of this page is blank — signature page follows ]
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Clietus Rogai\DeveIopmentAgrmnent\ 1-13-12v.1
Page 11
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1844
Print Name:
not Nameted .i,y
?..-
As to "Developer"
Print Name:
LOUIS DEVELOPMENTS, LLC
By: E-ex-PAo
as Elias Anastasopoulosasits M gedi tuber
Print Name
As to "City"
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II,
City Manager
Attest:
„
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Rosemarie -C-,11,' City C1grk
•
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Ctitintersigned;,',
At
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,�eorge N:'Cretekos Mayor
,,
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`, ' ,' Approved as to Form:
f
Leslie K. Dougall es
Assistant City Att• •• -y
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STATE OF F&OR1DA'• s
COUNTY OF\ P J AS- ,'
'The foregoing instrument was acknowledged before me this day of , 2012, by
He is personally known to me or has
[ ] p y [ ] produced
xci°,
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
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PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1846
EXHIBIT "A"
Legal Description for Properties located generally at 443 East Shore Drive
Parcel I.D. No. 08/29/15/16434/003/0100
LOTS 8 —12, BLOCK C WITH RIPARIAN RIGHTS, TOGETHER WITH LOTS 10 & 11, BLOCK B, /1(iE-PLAT`3F
BLOCK "A" AND LOTS 1 TO 15 INCL. BLOCK B OF CLEARWATER BEACH PARK FIRST ADDITION, AS ; ;
RECORDED IN PLAT BOOK 21, PAGE(S) 21, PUBLIC RECORDS OF PINELLAS COUNTY)fl QRID _ _
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PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1847
EXHIBIT "B"
Site and Building Plans
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1. KR 001 SECTION 3-911, (035TNI6 OKRKAD
WINANS mat K /LACED DNOE30IO000.
2. A 8,43108 Or 9'-2. KITICAL CLEARANCE SMALL
EXIST 001 VAN ACCESSIBILITY KR ADA S1A.WAR05.
3. ALL 0010000 ODOM0 10 K ATTA0K0 TO 111E
SWAM.
A. RDARDWALR 10 K C0 STIRICTE0 0/ KCKLEO WOOD
SEWN AS 10(0 NW INA SELECTION Or SUCH SHALL
K SWANKED roe 31.310 MGR TO SWANK 03
AMT 0131155.
S. ALL SIO(WALKS SMALL K CONSTRUCTED 0i WARMED
SMELL room TO LIMN Mt MANDALAY
STICCTSCYC KNOW
I. 1K 1011110111 CLEAR KWM 1NROWGMOWI 11.1 0ARA0E
SNAIL OC SEVEN KEY 3010 INCHES AID SMALL K EMM
TEST 1113) RINKS 100 VAN-ACCES3*.( HANDICAPPED
PARKING SPACES WINDING INGRESS AND EGRESS DRIVE
AISLES r0 THESE SPACES. (KR Ctt15 CONW111w
DEVELOPMENT 000E SECTION 3-1401. LI.)
7. OK IM (VERT DONT ACC(SSIOLC SPACES, OOT NOT LESS
THAM ONE, SHALL K VAN ACC(SSNIE AND SNAIL MAK
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COOS CHAPTER 11, SECTION 11-4.1.2. (0) 311 SECTION
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O. DICALLV INSTALL CONKS 433035 003 ALL
PARKING SPACES THAT ME ADJACENT 10 A SKAR
WALL (KR OTT'S CONNIINIIV DMLOPKNI CODE
SECTION 3-1401 A.)
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PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1849
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443 EAST SNORE DRIVE
4: EARWA ER ec*as FLORIDA W61
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' LEA'SWATER BEACH, FLORIDA 33767
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NORTH ELEVATION CONCEPT
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PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1851
EXHIBIT "C"
COVENANT REGARDING HURRICANE EVACUATION
And DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is mane �as o the
day of , 2012, by Louis Developments, LLC ("Developer"). :: ; .,
Developer is the owner of fee simple title to the real property described in Schedule 1 attache4 hereto
h�r�da'
and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater„F(the "City"), has
amended its Comprehensive Plan to designate Clearwater Beach as a CommunityItedevelopMent1 istrict
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 incentlyfor the4evelopment of mid-sized
quality hotels. Pursuant to the Designation, the allocation of Hote ,BensitMtr,sepve Units is subject to
compliance with a series of performance standards, including a rellu�rr ent that resorts containing a hotel
developed with Hotel Density Reserve Units shall be closec)`and all'Guesti evacuated from such resorts as soon
as practicable after the National Hurricane Center posts -a hurebanewatch that includes Clearwater Beach. The
purpose of such evacuation is to ensure that such a Rpsoi it Hotel .q cuated 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 CouneD,Resarlutioii1 67, passed and approved on July 19, 2012,
Developer's application for Hotel Density,Keserve'JUrits pursuant to the Designation, subject to Developer's
compliance with the requirements of the.besigriation. Developer desires for itself, and its successors and
assigns, as owner, to establish certafn'rights,;'uties, obligations and responsibilities with respect to the use and
operation of the Real Property ir( accotdance With the terms and conditions of the allocation of the Hotel
Density Reserve Units to the City'eirt4tfie Designation, which rights, duties, obligations and responsibilities
shall be binding on any aji -ait suocessnrs and assigns and will run with the title to the Real Property.
THEREFOR, in epnsider tion of the covenants and restrictions herein set forth and to be observed and
performed, and in firrther tgnsideiation 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 agree's as fo1hjws:
1. Beneflt-and Enforcement. These covenants and restrictions are made for
the benefit of Dei+eloper and its successors and assigns and shall be enforceable by them and also for the benefit
of the residOnts'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:
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 use4
as a primary or permanent residence.
2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "h6fer,"-lj
"time share," and "operator" shall have the meaning given to such terms in Chapter 5j9, -Part I,
Florida Statutes (2004).,', ;
•
2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real,Priiktty'sltallbe
closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Cenle , which
hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees Qtlier than emergency
and security personnel required to protect the resort, shall be evacuated from the Hota:as sbgi ps practicable
following the issuance of said hurricane watch. In the event that the National Hui f j ane Cept0' shall modify the,
terminology employed to warn of the approach of hurricane force winds, the closes and evaluation provisions
of this Declaration shall be govemed by the level of warning employed by the Naik naIl3utricane 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-jandfall.
3 Effective Date. This Declaration shall become effective upon issuance of
all building permits required to build the project ("Project") and IeyelTest's,c't mmencement of construction of
the Project, as evidence by a Notice of Commencement fof'the Prdjec( Thii Declaration shall expire and
terminate automatically if and when the allocation of of,Reserveilnit04 the Developer expires or is terminated.
4 Governing Law. This Declaration slut' be con.Iti;ued in accordance with
and govemed by the laws of the State of Florida:. ,'
5 Recording. This Declarati'ort shall, be'xeborded in the chain of title of the
Real Property with the Clerk of the (quits'o.f1 inellas County, Florida.
6 Attomeys' Fees. LLeyel• elo shall•
,reimburse the City for any expenses,
including reasonable attomeys_feeshich are incurred by the City in the event that the City determines that it
is necessary and appropriate fo seek judicial enforcement of this Declaration and the City obtains relief, whether
by agreement of the partes or through older of a court of competent jurisdiction.
7 Severrbility Tf-arfy-provision, or part thereof, of this Declaration or the
application °flits Decliion to any person or circumstance will be or is declared to any extent to e invalid or
unenforceable, thesemaindef of this Declaration, or the application of such provision or portion thereof to any
person or cireuiristai , shall not be affected thereby, and each and every other provision of this Declaration
shall .Se,valid and'enfor>ceable to the fullest extent permitted by law.
[ 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: _
fhr t L odlcir14Y Eilas Anastasopoulos, as Manager ember , - - - . - ___,,ss ' `;
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Print Name
As to "Developer"
Print Name:
Print Name
As to "City"
CITY OF CLE
KATHERINE J LEDBETTER
Natty Public - State of Florida
.ss My Comm. Expires Sep 16, 2013
Commission N DO 925254
Bonded mrouon National N
Byy
William B. Home II,
City Manager
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Attest: ' ��'
Rosemarie Call, Cjty'Clerk
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,e '‘e Cp�lnteci�ned:
/2 Ct�irtt n Crt\tkof
Ogprge N. Cretekos, Mayor
,
Apprpved as to Form:
s‘ ssss
STATE,OF FL t1RID'A'
COUNTYPF PINELLAS
ss _
The foregoing instrument was acknowledged before me this day of , 2012, by
He is [ ] personally known to me or has [ ] produced
as identification.
2 -
Leslie K. Dougall -
Assistant City Atto
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 11 day of 0- Lt
2012, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who i� [ ✓personally
known to me or who has [ ] produced as identification. _ _ - =
Notary Public
Print Name:
My Commission Expires:
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SANDft4 HARRIGER
NOTARY PUBLIC
STATE OF FLORIDA
Commf EE142238
Expires 114/2016
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1855
EXHIBIT "D"
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED DOCUMENT TO:
Kent Runnel's, P.A.
101 Main Street, Suite A
Safety Harbor, FL 34695
COVENANT OF UNIFIED USE
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THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this 'day of
, 2012, by Louis Developments, LLC ("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, Florfcla (the " City")e parties to that certain
Development Agreement dated , 2012 (the "Develepf4-grgement"), pursuant to which the
City has agreed that Developer may develop and construct'.upon eygeal Property a hotel project as described
in the Development Agreement (the "Project"); and -- `,
•
WHEREAS, Developer intends to develop arid operate'tche Real Property for a unified use, as more
particularly described in this Agreement.
NOW, THEREFORE, in considerWon of tlie;sum of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of wjafch are'hereby acknowledged, Developer does hereby agree that,
effective as of the date on which I)�vblopeY•repeives all permits required to construct the Project and Developer
commences construction thereo f s(s evidence*iby a Notice of Commencement for the Project, the Real Property
shall be developed and operated as ii$otel and fractional share/interval ownership project, as described in the
Development Agreement, The-ree'stictjons set forth in the preceding sentence shall expire automatically when
and if Developer's allocdtion of additionol hotel units (as defined in the Development Agreement) expires or is
terminated. Nothings this Agreement shall require Developer to develop the Project or restrict Developer's
ability to sell, assign,' traxsf4rorotherwise convey its right in and to the Real Property or any portion or portions
thereof to unreiated_tbirdparties. Further, nothing in this Agreement shall preclude the purchase and sale of one
or more FriLetiolu1,3'1rare Units to be constructed as a part of the Project (the "Fractional Ownership") (or Hotel
Units (as deiiptd i the Development Agreement) if sold in a condominium form of ownership), to separate,
unrelated third'pi tie§, provided that such Fractional Share Ownership or Hotel Units are operated and occupied
as part'of 4he Project as a single unified project throughout the term of this Agreement. Developer agrees that
the City shfill hhare 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
known to me or who has [ l produced as identification.
Notary Public
Print Name:
My Commission Expires:
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PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1857
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IN WITNESS WHEREOF, the parties have hereto executed thi AgreemcAif ace
date and year first above written.
In the Presence of:
LOUIS DEVELOPMENTS, LLC
By: 1
Bios AnastoOpouigs; as Manager
rint N. ta.,d l?.�.e -
As to "Developer”
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Print Name:
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`,CITY OF CLEARWATER, FLORIDA
By:
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ClianAltog a\DevelapoiMA®naneaV 13 12v.1
William B. Horne II, City Manager
Attest:
04.1--ixaI4 kI Q
Rosemarie Call, City Clerk
Countersigned:
- cieont C''C\tks
George N. Cretekos, Mayor
App oved as to Form:
Page 12
r
PINELLAS COUNTY FL OFF. REC. BK 17666 PG 1858
STATE OF FLORIDA
COUNTY OF PINELLAS
has [
Leslie K. Dougall -Sides
Assistant City Attorney
/
The foregoing instrument was acknowledged before me this 14 'day of
, 2012, bygiAl 7M Ie is [ ),^personally known to me or
] roduced bs'identifieation.
KATHERINE d LEDfIETTER
Notary Prb& - State of Florida
Illy Comm. Expires Sp 10, 2019
Commission # DD 925254
Ioslrl ibo O NOW Notry bran
STATE OF FLORIDA
Pdbrc
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My Cpmniis§ion Expires:
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COUNTY OF PINELLAS ,' -,
The foregoing it strumen't, as acknowledged before me this .271-" day of
Tom- , 2412, by'WI,LIAM B. HORNE, II, as City Manager of the
City of Cle ester, -Florida; who is [ V]] personally known to me or who has [
produced / ;,' - - ' `, as identification.
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Notary Public
Print Name:
My Commission Expire
SANDRA HARRIER
NOTARY PUBLIC
STATE OF FLORIDA
Comm* EE142238
Moires 1/4/2016
Page 13
AMENDMENT TO DEVELOPMENT AGREEMENT
TIS AMENDMENT TO DEVELOPMENT AGREEMENT ("AGREEMENT") is dated
the 9 day of qt/Jut , 2018, and entered into by and between NESC, LLC, a
Florida limited liability conrpany, 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 ovemight
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# 2010031523 01/30/2019 02:28 PM
OFF REC BK: 20412 PG: 2230-2254
DocType: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: 0,4/000151 /-1/:A
As to "Developer"
Print Name:
Print Name:
As to "City"
Developer:
NESC, LLC
By:
David Leatherwood
City:
CITY OF CLEARWATER, FLORIDA
BY: Lt.\
William B. Horne II,
City Manager
Rosemarie Call, City Clerk
Countersigned:
— CtC04.e..Akert\ttOS
George N. Cretekos, Mayor
Approved as to Form:
J
Mike Fuino
Assistant City Attorney
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
("AGREEMENT") is dated the day of , 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 (12th) 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."
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]
Developer:
NESC, LLC
By:
Print Name: David Leatherwood
Print Name:
As to "Developer"
Print Name:
Print Name:
As to "City"
City:
CITY OF CLEARWATER, FLORIDA
By:
Jon Jennings,
City Manager
Attest:
Rosemarie Call, City Clerk
Countersigned:
Frank V. Hibbard, Mayor
Approved as to Form:
Matthew Mytych
Assistant City Attorney