Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
22-06
RESOLUTION NO. 22-06 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND BEACHROCK LODGING LLLP PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and the Developer are parties to that certain Hotel Density Reserve Development Agreement (the "Agreement") dated May 28, 2014, and the Agreement is attached as Exhibit "1;" and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Agreement, as more fully set forth in the attached Exhibit "2;" and, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT between the City of Clearwater and BEACHROCK LODGING LLLP (as assigned), a copy of which is attached as Exhibit "2," is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. kh PASSED AND ADOPTED this (V day of ` - -' uw , 2022. Approved as to form: Matthew Mytych Assistant City Attorney Frank Hibbar Mayor Resolution No. 22-06 Exhibit 1 wyrEL DENSITY RESERVE DEVELOPMENT AGREEMENT TIIIS HO l'EL DENSITY RESERVEDEVELOPMENT AGREEMENT ("Agreement") is dated the ?8"day of /7/ar , 2014, and entered into between MAINSTREAM PARTNERS VIII, LTD' ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a le. :1 or equitable interest in real property located within the corporate limits of the City, and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Reach remains a quality, family resort community, and further provided for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns 1.6 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property by demolishing existing hotel rooms and other uses in order to construct One Hundred Eighty (180) overnight accommodation units, meeting space tbr guest use, pool, new lobby and parking with parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B" (collectively, the improvements are the Project); and WHEREAS, the Property has not previously acquired density from the Destination Resort Density Pool; and WHEREAS, upon completion the planned resort will contain 180 overnight accommodation units, which includes 100 units from the available Hotel Density Reserve ("Reserve Units"); and KEN BURKE. CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY. FL 1NST4 2014167467 06(12J2014 at 10:44 AM OFF REC BK: 18431 PG: 535-557 DocType•AGM RECORDING: $19700 WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the City has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, at a duly noticed and convened public meeting on , 2014; the City Council approved this Agreement and a thorizeel and directed its execution by the appropriate officials of the City; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. ,1pcorporation of the Act. This Agreement is entered into in compliance with and i alder the authority of the Code and the Act, the tenns of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Ageement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property") 3.1 The Property currently has a land use designation of Resort Facilities High and is zoned Tourist (4 3.2. The Property is owned in fee simple or under contract to be owned in fce simple by the Developer. 3.3 The Property is generally located at 325 S. Clulfyiew Blvd„ and 326 Coronado Drive, Clearwater, Ft, 33767, as further described in Exhibit "A-. SECTION 4. Scope of Project. 4.1 The Project shall consist of 180 overnight accommodation units. Of the 180 overnight accommodation units, 100 units shall be from the Hotel Density Reserve. 4.2 The Project shall include a minimum of 216 parking spaces, as defined in the Code. 4.3 The design of the Project, as represented in Exhibit "B", is consistent with Beach by Design. 4.4 The density of the Project shall be 113 units per acre. In no instance shall the density of a parcel of land exceed 150 units per acre. The height of the Project shall be 140 feet measured from Base Flood Elevation, as defined in the Code. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. SECI ION 5. Lffective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida pursuant to Florida Statutes Section 163.3239 and Code Section 4-606. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect for ten (10) years unless earlier terminated as set forth herein. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the Code applicable at the time of building permit review. 6. 1 .3 The following restrictions shall apply to development of the Property: 6.1.3.1 To retain the grant of Reserve Units provided for herein, the Property and improvements located thereon shall be developed in substantial conformance with the Conceptual Site Plan attached as Exhibit "B". Any modifications determined by the Planning Director as either inconsistent with attached Exhibit "B" or constituting a substantial deviation from attached Exhibit "B" shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code, and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project, and may terminate this Agreement in accordance with Section 10, 6.1.3.3 The Developer shall execute, prior to commencement of construction, a mandatory evacuation/closure covenant, substantially in the for.r. of Exhibit "C", stating that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6,1,4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation no rights of Developer remain or will be exercised to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return of Units to Reserve Pool. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. 4 6.1.6 Transient Use. A reservation system shall be required as an integral part of' the hotel use. There shall be a lobby/front desk area that must he operated as a typical lobby/front desk area for a hotel would be operated. Access to all units must be provided through a lobby and internal corridor. All units shall be available to the public for overnight transient hotel occupancy at all times through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty- one (31) consecutive days, whichever is less. No unit in the hotel shall be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of "dwelling unit" in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 6.1.10 Limitation on Amplified Music. Developer agrees that there shall he no outdoor amplified music at the Hotel after 12:00 midnight on Sunday through Thursday, or after 1:00 a.m. on Friday and Saturday. 6,2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6,2,2 The final effectiveness of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal, 6.2,3 Upon adoption of this Agreement; the Project shall receive 100 units from the Hotel Density Reserve as defined in Beach by Design, contingent upon the provisions of Section 6.1,5, 6.2.4 This Agreement is contingent upon the proposed vacation of the S. Gulfview Boulevard right-of-way adjacent to the westerly lot line of the Property. The City shall process a right-of-way vacation ordinance to vacate the S. Guifyiew Boulevard right of way adjacent to the westerly lot line of the Property conditioned upon submission of a complete set of')iiiicling plans for construction or the improvements shown on Exhibit SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization's [MPO] or its successor's countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the Project shall include the following: • Recognition of standard data sources as established by the MPO; • Identification of level of service (LOS) standards for state and county roads as established by the MPO; • Utilization of proportional fair -share requirements consistent with Florida Statutes and the MPO model ordinance; • Utilization of the MPO Traffic Impact Study Methodology; and • Recognition of the MPO designation of "Constrained Facilities" as set forth the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupancy. 7.7 Developer agrees to provide a cashier's check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. yeouired Local Government Aoprovals. The required local government development approvals for development of the Property include, without limitation, the follnv%ing: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of- way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); 8.4 Certificate(s) of occupancy; and 8.5 Ordinance vacating the S. Gulfview Boulevard right-of-way adjacent to the westerly lot line of the Property. SECTION 9. Finding of 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. Terminatio. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. Except in the case of termination, until ten (10) years after the date of this Agreement, the City may apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City has held a public hearing and determined: (a) They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; (b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in this Agreement; (d) The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (e) This Agreement is based on substantially inaccurate information provided by the Developer SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. 7 SECTION 13. iotieel. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Mainstream Partners VIII, LTD. 10165 NW 19th Street Miami, FL 33172-2529 With Copy to: Mr. Antonio Fernandez Mainstream Partners VIII, LTD. 2552 22nd Ave. N. St. Petersburg, FL 33713 If to City: 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 third (3') day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14,1 B y the Developer: 14.1,1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City. provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall he released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or resporYsihle 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 obli gab ons 14.2 Successors and Assigns. The terms herein contained shall bind and inure to thc benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees. heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Complianct. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SEC:LION 16. Covenant of C000eration. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Aporovall. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall he signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Constructiog. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agxcement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder arc frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendment, Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing LBW. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. SECTION 24. Counterparta, This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHERF0h, the parties have hereto executed this Agreement the date and year first above written. 10 In the Presence of: MAINSTREAM PARTNERS VIII, LTD., a Florida limited partnership As to "Developer" STATE OF FLORIDA COUNTY OF PINELLAS 13Y: MAINS'IREAM GP, LLC, its General Partner BY: EDWARD W. EASTON & COMPANY, INC., it Managing Member By: card W. Easton, President The foregoing Declaration was acknowledged before me this Off day of , 2014, by Edward W. Easton, its President of Edward W. Easton & Company, Inc., a Florida corporation, the Managing Member of Mainstream GP, LLC, a Florida limited liability company, as General Partner of Mainstream Partners VIII, LTD, a Honda limited partnership, or. behalf of the aforesaid entities. He is [1,4 personally known to me or has [] produced as identificafi7n. *LEN LLANO$ Nwy Pfeifle • SW of Raids My Caw. Empires iso 25, 2017 ComsWuo� EE 047964 SordidThmV iona Noiy As Countersigned: -qeorkt creAtVA) George N. Cretekos Mayor Approved as to form: 'amela K. kin A ttorn z•y- Print: -Wc. e_ei Notary Public — State of Florida My Commission Expires: /reio z 4°1 7 (Try- OF CLEARWA TER, FLORIDA By: Attest: William 13. Ilorne City Manager r:s L Roscrnare Cal City Clerk 1 EXHIBIT "A" PROJECT LEGAL DESCRIPTION DESCRIPTION: (AS PROVIDED BY CLIENT) PROJECT AREA - PARCEL "A" PARCEL 10: LOT 111 AND THE NORTHERLY 1/2 OF LOT 112, THE LLOYD - WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 11: THE SOUTHERLY 1/2 OF LOT 112 AND ALL OF LOTS 113, 114, 115, 116 AND 117, THE LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; AND LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH THE FOLLOWING PROPOSED GULF VIEW BOULEVARD RIGHT- OF-WAY VACATION: THE EASTERLY 35.00 FEET OF THE GULF VIEW BOULEVARD RIGHT-OF-WAY (70.00 FEET TOTAL WIDTH PER PLAT), LOCATED ADJACENT TO THE WESTERLY LINE OF LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PROPOSED RIGHT-OF-WAY VACATION ADDED PER DIRECTION OF CLIENT, CONTAINING 1.60 ACRES MORE OR LESS. EXHIBIT "B" Survey, Conceptual Site Plan, and Architectural Drawings EX T "C" COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF C VENANTS AND RESTRICTIONS ("Declaration") is made as of the 7,44tlay of 77aj , 2014, by MAINSTREAM PARTNERS VIII, LTD., a Florida limited liability company ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such hotels as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution '-f , passed and approved on kn_i 4 , 2014, Developer's application for Hotel Density Reserve Units pursuant to the e,s griation, subject to Developer's compliance with the requirements of the Designation, Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assign and shall he enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development. Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration, 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 180 units, 100 of which are units allocated to Developer from the Hotel Density Reserve, shall be used solely for transient occupancy of one month or thirty-one (31) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must bc operated by a single licensed operator of the hotel. No unit shall be used as a primary or permanent residence. Access to thc units must be provided through a lobby and internal corridor. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that muss be operated as a typical lobby/front desk area for a hotel would be operated. Al! units shall be required to be submitted to a rental program requiring the units to be available for members of the public as overnight hotel guests on a transient basis at all times. No unit shall have a complete kitchen facility as that term is used in the definition of "dwelling unit" in the Code. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. The Developer agrees to comply with the Design Guidelines as set forth in Section VII of Beach by Design. 2.1.2 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel", and "operator" shall have the meaning given to such terms in Florida Statutes Chapter 509, Part I. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall he closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following he issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will he evacuated in advance of the issuance of a forecast of probable landfall. SCHEDULE "A" DESCRIPTION: (AS PROVIDED BY CLIENT) PROJECT AREA PARCEL "A" PARCEL 10: LOT 111 AND THE NORTHERLY 1/2 OF LOT 1lZ'THE iLOYC- WHITE -SKINNER SUBDIVISION, ACCORDING TO THF PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE P(JBLIC RECORDS OF PINELLAS COUNTYFLORIDA. PARCEL 11: THE SOUTHERLY 1/2C)FLOT 11ZAND ALL OFLOTS 1I3.114'l15' 116 AND 117, THE LLOYD -WHITE SKINNER SUBDIVISION, ACCORDNG TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; AND LOTS 63 THROUGH 66, INCLUSIVE, THE LOYD-WHITE-SKlNNER SUBDIVISION, ACCORDING TO TF -1E PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 ANL) 13, OF THE PUBLIC RFCORDS OF PLNELLAS COUNTY, FLORDA. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidenced by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fecs. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that thc City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this day of , 2014. In the Presence As to "Developer" MAINSTREAM PARTNERS VIII, LTD., a Florida limited partnership BY: MAINSTREAM GP, LLC, its General Partner BY: EDWARD W. EASTON & COMPANY, INC.. it Managing Member By: Edward W. Easton, Pre., dent STATE OF FLORIDA COUNTY OF PINELLAS "14 The foregoing Declaration was acknowledged before me this 24' day of , 2014, by Edward W. Easton, as President of Edward W. Easton & Comp , Inc., a Florida corporation, the Managing Member of Mainstream GP, LLC, a Florida limited liability company, as General Partner of Mainstream Partners VIII, LTD, a Florida limited partnership, on behalf of the afor aid cntifies. He is [/1 perso_n,ally known to me or has [] produced as identificatro-n, liELEN LLANO otary PWOjC - Stats of Raids Comm LION Feb 25, 2017 Commission 9 EE 847064 OdThrouAwAS$fl. Print: L/a 4c2s Notary Public — State of Florida My Commission Expires: z CITY OF CLEARWATER, FLORIDA By: L William B. Horne 11 City Manager A , Rosemarie Call, City Clerk Countersigned: CWq fICr George N. Cretekos, Mayor Approved as to Form: Pamela . Akin City Attorney TOGETHER WITH THE FOLLOWING PROPOSED GULF VIEW BOULEVARD RIGHT-OF-WAY VACATION: THE EASTERLY 35.00 FEET OF THE GULF VIEW BOULEVARD RIGHT-OF-WAY (70.00 FEET TOTAL WIDTH PER PLAT), LOCATED ADJACENT TO THE WESTERLY LINE OF LOTS 63 THROUGH 65, INCLUSIVE, THE LLOYD -WHITE - SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PROPOSED RIGHT-OF-WAY VACATION ADDED PER DIRECTION OF CLIENT. CONTAINING 1.60 ACRES MORE OR LESS. EXHIBIT "I)" COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: '11 -IIS COVENANT OF UNIFIED USE (the "Covenant") is executed this day of 2014, by ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Hotel Density Reserve Development Agreement dated , 201_ (the "Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Covenant. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10,00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a limited -service hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third -parties. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may he operated by a single hotel operator. IN WITNESS WHEREO , Deve1oer has caused this Agreement to be executed this day of 014. In the Presence of: MAINSTREAM PARTNERS Viii, LTD., a Florida limited partnership Print Name As to "Developer" STATE OF FLORIDA COUNTY OF PINELLAS BY: MAINSTREAM GP, LLC, its General Partner BY: EDWARD W. EASTON & COMPANY, INC., it Managing Member By: 044.4., Edward W. Easton, President The foregoing Declaration was acknowledged before me this erday of file! j , 2014, by Edward W. Easton, as President of Edward W. Easton & Company, Inc., a Florida corporation, the Managing Member of Mainstream GP, LLC, a Florida limited liability company, as General Partner of Mainstream Partners VIII, LTD, a Florida limited partnership, on behalf of the oresaid entities. He is [4 personally known to me or has [ ] produced as identification. HELEN LLANOS -7°—,? (:2'---- -.= trai.dh:m....46,01,,,dwdb.dwihabaahme 1 int - toy comm. Expires Fob 25, 2017 Wary Public - SW of RAO I Print: —frx/cri ,4161,105 commts•ion di EE 11479114 Notary Public — State of Florida Bonded Through Notion* Noisy Assn. My Commission Expires: ,c-re.10. ZS, 7 CITY OF CLEAR WATER, FLORIDA By: It) 2QC/A P) 14 William B. Home II City Manager Attest: Rosemarie Call, City Clerk Countersigncd: e-t3(ie (\Cr (At kOs George N. Cretekos, Mayor Approved as to Fonn: Pamela K. Akin City Attorney SCHEDULE"A" DESCRIPTION: (AS PROVIDED BY CLIENT) PROJECT AREA- PARCEL "A" PARCEL 10: LOT 111 AND THE NORTHERLY 1/2 OF LOT 112, THE LLOYD - WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 11: THE SOUTHERLY 1/2 OF LOT 112 AND ALL OF LOTS 113, 114, 115, 116 AND 117, THE LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; AND LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH THE FOLLOWING PROPOSED GULF VIEW BOULEVARD RIGHT- OF-WAY VACATION: THE EASTERLY 35.00 FEET OF THE GULF VIEW BOULEVARD RIGHT-OF-WAY (70.00 FEET TOTAL WIDTH PER PLAT), LOCATED ADJACENT TO THE WESTERLY LINE OF LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PROPOSED RIGHT-OF-WAY VACATION ADDED PER DIRECTION OF CLIENT. CONTAINING 1.60 ACRES MORE OR LESS. VG1H01 .b131VMHVA-10 NOUfl lddV VAC 300-v 171.0Z -27:Z SMAIA OSIW LO'b LItlW VOIHOld 113IVMHV310 rD rD ra n N CORONADO ,_ ;JVE O' 1.. ZO'iY' PROJECT NORTH N U a) 4-4 at N rn J W H 0 2 2 W Q � J H W z ZU _ '- Q d CLEARWATER, FLORIDA MAI14.01 SITE PLAN 2-28-2014 A-003 OVA APPLICATION <r -o Z C D z z MAINSTREAM HOTEL PARCEL A CLEARWATER. FLORIDA behar peteranecz PA I / li I .I \ 1 IPA 1 11 - 10 i \ III i � Com , b 9 - V a Ili . r' . lir c vA n ROMP UP NNW on row — ... iii,,,, x P I b •b • ' m b x 9 18 W `' O D �R zc MAINSTREAM HOTEL PARCEL A behar O CLEARWA?ER FLORIDA peteranecz U I. MIIIIUU 4L r `war 1 ASI - PARKING BELOW .r P_...... w.m tr•o a / � I 12 8 J _--gB ,a Il d V M 9. `B r_--tr _ IW i • LJ An `I W ':. �`, 'r.- ' 0 „r i6a b b I - PARKING BELOW it .____.. BS SPACE9---- li-. ..._ INSTREAMI RCEL A aRWATER, FLQRi[ v 8 . QQC Q W km MA114 01 LEVEL THREE PLAN r-)1 0,.-0. e 2-28 2014 A-103 PROJECT NORTH P/L L TED MAINSTREAM HOTEL PARCEL A behar peteranecz P2 y M� , 'g • �IIHalal ezmil so wig � • k....-ri ic 411J.1 nnnnn 4U e� ', , Q w it lir Tr000110 glHill y i d O a ED a SF" idt J ►—.►.I►/) C:3 0 I dp p r'1 1/ . . o a e! p p }+^■ — 4 5 pf nnoannnnn !ililllll ;. 1_ P2 PA n m m MAINSTREAM HOTEL PARCEL A teran m C_EARWATER. F,_ORIDA eczz- pe Ph Y: d A III I Ph I 1 d .,:: - - 1 eo 1 00 ,,,,k a r J— 00000 61O � D •,. 4.. e_ 00000 Ft*: IJii1 ____' a a a a R•a a a 000000000 1191 1 000000000 1} \ a � I _, Zm�m Z �U D MAINSTREAM HOTELbeh PARCEL A - Cr)Z x cLEnawFTEaFLORIDA. peteranecz P2 L E� fl: Js% MIMI may.. \ 11#.1 1 (A Y" i . rgella / ELT t. !MI mi EVI Ill UM, a aaaoa _ En MIIPI 0 0000 . 11, ELT ii, al 71Atillinl. 11111 r N o f i= . WEN o //! i 1111111 J � a ' D D d aaaaaaaaa 111 ,J aaaaaaaaa. P2 P2 D _ < r MAINSTREAM HOTEL PARCEL A 1_. L. ar ('"�p r�] p� �y necz _ �! zrr z z CLEARWATER. FLORIDA - peter 1,1000 r 10, Iv.'> -r 0.0 10 �,v-aim-v 4 10.e -417.P 4'1,10Am.r m -r 4'12, Av.r MAINSTREAM HOTEL PARCEL A CLEARWATER, FLORIDA behar peteranecz ?.?1' CD' n.) rm 00 MAINSTREAM HOTEL PARCEL A CLEARWATER. FLORIDA behar peteranecz I behar peteranec IT, I IyI 11111 1) {I rII )1 x,111 X41111 111 111» _t_t 11,111111 i i ii' 111 Ili ! AU Wil, 11 1 1 1111 1 I Ll „ rFR�II` �1• D 11 1 1 l l 1111 I II1p� I I 1 - -- -` 1 1111 I I 111 11111 it -•• ■.■ II■■.I I..i.l .. .. .. 1 .. i tf 1-r 0 ::-r:'-r ii i til ms .. . .. .. r I I Mir -r -r- 311 4� 1. 1A� a I� ,1I Il 111 L. F�� ..111(NIA ■ - ■.N NON MOON .. .. .. .. NOT. ONE L IldmaniiMEMMMENTEW IPI Irl j.n. PI I P- RL RSI! 111 II NIB l� K!! TIMI .. i r IM_ I ._ = t _- , -- JDUM EDI i1 Weet EMete n OlIzetic 116' 1'-0' J W I —I _ I— II I IIII I II II 11 o 0 ■el m nIIIItlliii'lliiil�iiiillliiilllrrtl Q ....ii ' EL EVATM HEORETICA ACTUAL AREA 1 ,itllliii liiillliiil iiii11111.11II" JAINSTRE DARCEL A ;LEARWA-ER. f AREAS 111. IEEE I _ SOUTH 29,010 SO FT. pill, „ I „ I•••II••• ■■-I SOUTH 29,010 S0 FT. 33* 33% I�I! 1.191 .� ir•Ti =Iplp—` A �.� EAST 22.620 so FT. osa. Fr. taox ME I..IL.I .... inn ani U 1..1 WEST 22,160 SO FT. 0SO. FT. .% 1 TOTAL: 93,452 SO FT. 11,970 S0. FT. 13% -7 iA�_+{1 IIII NMI PION II II Pin EMI illEiIIA linti ■ !' ::"1 .. .. eig:.ira'"" hI .. I rn AEA. no..0.■ I ri ■ 'niti Illllllf1If 11 lilI Rr MA,aL; II I = I..�' so HEOREiICAL. It 111111 ELEVATIONS . �.1�.1�....1.�I_ _ M - - - I 1.� _I�_ III I #�` z za zola TITBIT 0rzet A-203 rjeetEkve9en p�',o04� ,.,,_ ..-,.._... .-... $$^^ .... -_-i-.,,waw. . MASS MODEL - NW CORNER .,.: EJPPO OV I � IS CORONADO DRIVE STEPBACK ..+, -.... 15' CORONADO DRNE STEPBACK 15' CORONADO DRIVE STEPBACK Co,, r9 �49/yF 15' CORONADO DRNE STEPBACK OotAil -ry 6 4. y9Ho a !. ., .... .... I� O MASS MODEL - NE CORNER cLCFLF �k ..,... C0,9 MAINSTREAM HOTEL PARCEL A CLEARWATER FLORIDA 1 O MASS MODEL- SE CORNER ti 0 MASS MODEL - SW CORNER O 5 8 5 0 MAINSTREAM HOTEL PARCEL A CLEARWATER. FLORIDA behar peteranecz BUILDINGS OVER 100' HEIGHT BOD' RADIUS BETWEEN BUILDXJGS 590RADIUS BETWEEN BUILDINGS WO' BUILDING SEPARATION CLEARWATER. FLORIDA MA114 01 BUILDING SEPARATIONS 2-28-2014 A-303 OVA APPLICATION S6r'S'11 5 er'p6'rx• ExO'rOwMwoeo- �... roger SEL • f) 4 /sia 5 LR0T5p. 585 B'IB"( 1000(5) I 1'30'19' [ p . (1 ) e m t 'xcwoco- , w (,238 U (.1.1.1)=x922.5.76' =2]6.61' 2,922.52'Rx' 9-5962.51 -Ux'n'ta' a=0100.5 , 6.5 A' 6=S 1000 7 . 13..1/2.74' 1=119.59 6 9.A.' 1,195x' J ;r "e0; SOr F` la 11%0Z.."*.: " J J e .. .,. nn1, LOT If. J n.w LOT 114 J .J € F,., 1> - O; O Q •J (Th - CC 8 ct O 0 U U ti 10..E *eev.o RO.M'oq .J N 1m (/% lot s, la,'(, SECTION TOWNSHIP 19 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA MAP OF SURVEY, 20 40 60 0.00IPIK( IA. PRESIDIO NI CLAW) PTO.. ARO •MAUL M' PARCEL 10: LOT 111 AM THE MOTHERLY EOf LW! 11 .1.1.01111.1011, NIEN11■ TO TIE 1.F MATT MENDE 10INPLAT NOW 13 ME ON111 A. 13, OF THE RELIC MORIN WE .HFLAS DOOM/. ROAN, PAR EL 11: TIE .3 IEL 1/0 00 .U WE LOT 112 AALOT. 110, 11 1. LIDIG-■IIT.-:00161 EOIYI.[011. ACWMOR E 10 THE AT TIEIROIfM1MAW.O IY RAT .0011 T.. REFI 11 MO 1S, OF TO MI LIE ROANS OF PAELLA. GOWN. FIORIO. A. LOU WE MEO■I00. R® IR, TIE 110211-■ETE-.I■ER 111/801111.11111,.4101.1101WE 61.TO T RAT TAF A. IN PUT .OR t., RSI 1! A. 13, OF TWE R■LIC REAM OF PII6IAS COON, RSICA. 133)1)30 RAM TIE FOLIAR. MONO. CALF MIS WLMIIIO 01047 -0F -.Y OAONTION: M WI■LLFELLT 13.00 FOF TO IW WAX.. L.. MANOR-R-MR101 T 1x0.00 FT WINN MAT), LOCATED PAOOENT 10 MOWESTERLY LINE 00 94.1031OF LOT. MI MONW [, TLLC-III-113 ■WD.R100. A.PL COIMA. TO TIN AT T.REOF NI, IIR RECO.. IN RAT MY 11. PA.. 13 AO 13 INTO NOLO ROOM OF PIELW NETT, FLORIDA. REO... 0119 -WE -.Y SMALL. 10000 PE. DIRECTION WE CLIENT. mnAINI. 1.WE MA. ION K u.. M TIM WE MANE, De1.0111A.Y. MPOOMP,I10. ORM WWII . IN, CATEOF F10nTl001K066.0012. 1.10 NNW RIMY. CLAW. 40 ▪ SAM RL, F:ARI■'.o0°'11.'•A1.wTIER0.011eE.1E1Fa EE■,.,o«.OFF..w 1.r 0•116 Me . coaneadnv .61111.319.1.04101171.44 onmanva DIM 131.1112M. ^▪ MY RPM InaVAIION Or ILO 0•111,11361 MAN RSA AY PLOr• ELEVFIOIoF16.DOIEIREO.LOAM 011AL•MM .EE/1W6•MAMERPM SYMBOL LEGEND Cable lelevislonGuy Mr• Anchor ,events, Curb Inlet Irr011on See „nnno ■ lee er le SKm.. Becll • Lntrw Fo. ■ O S. Weil CasK• • Terlwpnete e Bow ■ Pte, —r— Electric Lhe —e.— [nllea vete, Line P.O.A. DOOM M.I.1 INT OF .. P.O., DOW. MINT . 1O4113RE1647 m• LOT se 0 1-41 IEE INLET TED .J J •„•[- •••IDT Irmo. eu + Lar se 1 CLIO WP A :Tv —TREE LEGEND o - e. • SYSAKONS MK AS WORK 0”. a .s KKK K. OKE AS Mt v • ,SS t t l Eta KS.) 4• KKK.Ka AS.rto n \ SonocAAWS ma As wORS/ ma[ Kam Rat Al wrt021 LIKSI 240 107 MON POW KKK 07 000) SSO x.wt nvn ul Rrmn tno MCA SURVEYOR'S I CERTIFIC�TE� rt F 02 .q a r. o,.e ue>qww roMea eea or a nage iNmw e.ney e.e mmo.. 02/00/0014 l 9 4a a 7 1 1 i SIB A 6NEE110F 2, HDA3013-08004 325 5 Gulfview Blvd, Parcel A 2014 ATTACHMENT A Mainstream Parcel "A" LEGAL DESCRIPTION DESCRIPTION: (AS PROVIDED BY CLIENT) PROJECT AREA - PARCEL "A" PARCEL 10: LOT 111 AND THE NORTHERLY 1/2 OF LOT 112, THE LLOYD -WHITE - SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 11: THE SOUTHERLY 1/2 OF LOT 112 AND ALL OF LOTS 113, 114, 115, 116 AND 117, THE LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; AND LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH THE FOLLOWING PROPOSED GULF VIEW BOULEVARD RIGHT-OF-WAY VACATION: THE EASTERLY 35.00 FEET OF THE GULF VIEW BOULEVARD RIGHT-OF-WAY (70.00 FEET TOTAL WIDTH PER PLAT), LOCATED ADJACENT TO THE WESTERLY LINE OF LOTS 63 THROUGH 66, INCLUSIVE, THE LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PROPOSED RIGHT-OF-WAY VACATION ADDED PER DIRECTION OF CLIENT. CONTAINING 1.60 ACRES MORE OR LESS. 1 Rev. 04/07/2014 ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT THIS ASSIGNMENT OF HOTEL DENSITY RESERVE DE ELOPMENT AGREEMENT (herein "Assignment") is executed as of the 3c'day of IL) L2021, by KER HOLDINGS BEACHVIEW LLC, a Florida limited liability company, by KER MANAGEMENT ENTERPRISES LLC, a Florida limited liability company, its Manager ("Assignor"), to and for the benefit of BEACHROCK LODGING LLLP, a Florida limited liability limited partnership by DESRUP, Inc., a Florida corporation, its General Partner ("Assignee"). RECITALS: A. Assignor and the City of Clearwater, Florida, a municipal corporation ("City") entered into that certain Hotel Density Reserve Development Agreement dated May 28, 2015 ("Development Agreement"), which was recorded in the Public Records of Pinellas County, Florida at OR Book 18431, Page 535. B. The Assignor desires to sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, as defined in the Development Agreement, in its entirety to Assignee by virtue of this Assignment and Assignor hereby agrees to assume the obligations of Developer as provided for in the Development Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable considerations, the receipt and sufficiency of which considerations is hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree as hereinafter set forth. 1. Assignment and Assumption. Assignor hereby sells, conveys, assigns and set over unto Assignee all of this right, title, interest of whatsoever kind, type, nature, description or characterization to the Project in its entirety and under and pursuant to the Development Agreement and Assignee hereby accepts such sale, conveyance and assignment in and to the Project and Assignee hereby assumes all of the Developer's obligations under and pursuant to the Development Agreement arising from and after the Effective Date which shall be the date on which the last one of the Assignor and Assignee executes this Agreement and such is joined by the City. 2. Further Assurances. Subject to applicable law, the Assignor and Assignee shall execute, acknowledge and deliver all such further instruments, and shall take such further action as may be necessary or appropriate, to assure more fully to the other parties and their successors and assigns all of the properties, rights, title, interests, estate, remedies, powers and privileges assigned, or intended to be assigned, and to assure more fully to the assumption of the Development Agreement. 1 3. Indemnification. Assignee, subject to the execution of the Joinder by the City, hereby acknowledges and agrees that Assignee shall indemnify, defend and save the Assignor harmless of, from and against any and all claims, demands, actions, causes of action, suits, proceedings, damages, liabilities, costs and expenses of every nature whatsoever (including reasonable counsel fees and litigation expenses) which relate to the Development Agreement and which accrue from and after the Effective Date. 4. Entire Agreement; Governing Law. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and shall be governed by the laws of the State of Florida. 5. Successors and Assigns. This Assignment shall be (a) binding upon and inure to the benefit of the parties to this Assignment and their respective successors in interests and assigns: and (b) governed by and shall be enforceable in accordance with the laws of the State of Florida. 6. Counterparts. It is agreed that this Assignment may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed to be one and the same instrument. IN WITNESS WHEREOF, this Assignment has been executed to be effective the day and year first above written. [Signatures to this Assignment are Located on the Following Pages] 2 Signed, sealed and delivered in our presence: STATE OF FLOXIDA COUNTY OF i h ASSIGNOR: KER HOLDINGS BEACHVIEW LLC, a Florida limited liability company By: KER MANAGEMENT ENTERPRISES LLC, a Florida limited liability company, Manager By: rawford F. Ker, Manager Date: & 17 3 _ , 2021 The foregoing instrument was acknowledged before me by means [x] physical presence or [ ] online notarization, this 30'14' day of July, 2021, by Crawford F. Ker, as Manager of KER MANAGEMENT ENTERPRISES LLC, a Florida limited liability company, as Manager of KER HOLDINGS BEACHVIEW LLC, a Florida limited liability company, on behalf of the limited liability company, who [ ] is personally known to me, or [x] produced a driver's license as identification. Notary: [Affix Notary Seal] Print Name: ` o•- C • I(2-0 r. krk Notary Public -State of Florida 3 My Commission Expires: Signed, salcd and delivered in our presence: Print/ 'arnc:— fitAi0J144-GA" )rint Name: cCI.x74-4/\_%,tt5V-9-11(—.„ STATE or TENNESSEE COLN I Y 01 HAMILTON ASSIGNEE: RFACHROCK LODGING Li P. a Florida tinited lhilb linedparinership 13\ DESR1 P. INC.. a Florida cordtion. its ieneral Partner lliren Desai. President Date: Uuty 2-1 The foregoinu instrument was acknowledged before me by means ix] physical presence or 1 1 online notarization, this 241-1"-dayci tuly„ 2021 by Hircn Desai, as President of 1)1 R( INC.. General Partner of BEACHROCK LODGING LELP, on behalf of the limited partnership. who is [ ] is personally known to me. or 1x1 produced a driver's license as identification. (Affix Notary Seal tflUIUii111,, , ‘0‘ or he ..... 0 ''STATE ••• OF z- -1 • •• TENNESSEE NOTARY ;77 PUBLIC .-•.<1- V'14r..--••••••-*/ 4roN 0:94, 'IN 0,1/IMMO ,,cyfs sign Expire 4 Notary: Print Name: TQCOn 120-rtierbeepi Nmary puhtic-state of -rerwtessee My COMM ission Expires. gir7ia4 JOINDER The City hereby joins in the execution of the foregoing Assignment to: (a) evidence its approval of the foregoing Development Agreement and to further evidence its agreement that the foregoing Assignment fully complies with the notice requirement contained and set forth in Section 14.1 of the Development Agreement, and (b) evidence the fact that the obligations of the Assignor which accrued prior to the Effective Date have been followed in a timely manner and no notice has been furnished or sent to the Assignor under and pursuant to Section 10 of the Development Agreement and Assignor has not failed to comply with the terms of the Development Agreement. STATE OF FLORIDA COUNTY OF PINELLAS CITY fOF}CLE�A,RWATER, FLORIDA BY: LV JI�CY�444,4 William B. Home II, City Manager Attest., ezkl 'i La,L. 0 Rosemarie Call, C The foregoing instrument was acknowledged before me by means to R sical presence or 0 online notarization, this . day of :'�" j • 2021, by ' ` t�.� ' , as City Manager of City of Clearwater, on behalf of the corporation, who is L is personally known to me, or 0 produced for identification. [Affix Notary Seal] Scoff Burrows y fs COMMISSION $ GG2f11?9 PIRES: O w 1, 2022 Bonded Nu ," Negy 15643486x2 5 Notary: Print Name: ,j Notary Public -State of Florida My Commission Expires: t (O \ (_-- GENERAL ASSIGNMENT AND BILL OF SALE THIS GENERAL ASSIGNMENT AND BILL OF SALE (this "Assignment") is executed as of the 30th day of April, 2015, by MAINSTREAM PARNTERS VIII, LTD., a Florida limited partnership ("Assignor"), to and for the benefit of KER HOLDINGS BEACFIVIEW, LLC, a Florida limited liability company ("Assignee"). WHEREAS, contemporaneously herewith, Assignee is acquiring from Assignor certain real property described in Exhibit "A" attached hereto (the "Property"), together with all of Assignor's right, title, and interest (if any) in and to all personal property (the "Personalty"), inclulding, but not limited to the items listed on the attached Exhibit "B" now or hereafter owned by Assignor and used in connection with the Property, including, without limitation: (a) all buildings, structures, and improvements thereon, if any; (b) all of the rights, privileges, appurtenances, hereditaments, easements, reversions, and remainders pertaining to or used in connection with the Property; (c) all development and concurrency rights and credits, impact fee credits, orders, variances, waivers, entitlements, licenses, authorizations, prepaid fees, air rights, water capacity, sewer, wastewater and reuse water rights, sewage treatment capacity, other utility capacity and rights, concurrency certificates, approvals, and permits relating to the development, operation, use, management or maintenance of the Property; (d) strips and gores, streets, alleys, easements, rights-of-way, public ways, or other rights appurtenant, adjacent, or connected to the Property; and (e) all existing plats, maps, site plan, improvement plans, drawings and specifications, and development rights and credits relating to the Property (collectively, the "Assigned Property"); WHEREAS, in connection with the foregoing acquisition, Assignor desires to transfer and assign to Assignee all of Assignor's right, title, and interest, if any, in and to the Assigned Property. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor hereby grants, sells, transfers, and assigns unto Assignee all of Assignor's right, title, and interest in and to the Assigned Property. This Assigmnent is binding upon the successors and assigns of Assignor and will inure to the benefit of the successors and assigns of Assignee. Assignor hereby covenants that Personalty conveyed hereunder is free and clear of all liens and encumbrances. Assignor hereby further covenants that it will, at any time and from time to time upon written request therefor, execute and deliver to Assignee, and its successors and assigns, any new or confirmatory instruments and take such further acts as Assignee may reasonably request to evidence the assignment contained herein. (THIS REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK] Page 1 of 5 <ASSIGNOR SIGNATURE PAGE — GENERAL ASSIGNMENT & BILL OF SALE> ASSIGNOR: Signed, sealed and delivered MAINSTREAM PARNTERS VIII, LTD., a in our presence: Print Name -77.b " ear Are -6 Print ame: .sA-oge-e STATE OF FLORIDA COUNTY OF PINELLAS Florida limited partnership 13y: Mainstream GP, LLC, a Florida limited liability company, as its General Partner By: Mainstream America, Inc., a Florida corporation, as its Manager By: Ant • to Fernandez, Pre Date: April 30, 2015 The foregoing instrument was acknowledged before me this 30t1i day of April, 2015, by Antonio Fernandez, as President of Mainstream America, Inc., the Manager of Mainstream GP, LLC, as General Partner of MAINSTREAM PARNTERS VIII, LTD., a Florida limited partnership, on behalf thereof. He [/ is personally known to me, or [ ] produced as identification. [Affix Notary Seal] 1 0401%, CHRISTOPHER C. SANDERS 0 1 IP -, `[A Notary Public - State at Florida I a My Comm. Expires Oct 12, 2018 k4: j-..1-, S Commission # FF 167831 I ' iarit, ° Bonded through National Notary Assn Z71/#7, Print Name: Notary Public -State of Florida at Large Commission No.: My Commission Expires: Page 2 of 5 <ASSIGNEE SIGNATURE PAGE — GENERAL ASSIGNMENT & BILL OF SALES Signed, sealed and delivered in our presence: STATE OF FLORIDA COUNTY OF PINELLAS ASSIGNEE: KER HOLDINGS BEACHVIEW, LLC, a Florida limited liability company By: Ker Management Enterprises, LLC, a Florida limited liability company, as its Manage) . ------ By: Cra rd F. Ker, as Manager Date: April 30, 2015 The foregoing instrument was acknowledged before me this 30th day of April, 2015, by Crawford F. Ker, as Manager of Ker Management Enterprises LC, the Manager of KER HOLDINGS BEACHVIEW, LLC, on behalf thereof. He [ ] is personally known to me, or [ ] produced as identification. [Affix Notary Seal] ; a::,n4;7, ; CHARLENE E. HEURING Notary Public - State of Florida My Comm. Expires Apr 18, 2017 Commission # FF 089422 Print Name: Ur. e v e \.k,e �c Notary Public -State of Florida at Large Commission No.: My Comtnission Expires: f r 1,J-01 -7 Page 3 of 5 EXHIBIT "A" TO GENERAL ASSIGNMENT & BILL OF SALE Legal Description Parcel 1: The Southerly 1/2 of Lot 112 and all of Lots 113, 114, 115, 116 and 117, Lloyd -White -Skinner Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page(s) 12 and 13, Public Records of Pinellas County, Florida; AND Lots 63 through 66, inclusive, Lloyd -White - Skinner Subdivision, according to the neap or plat thereof as recorded in Plat Book 13, Page(s) 12 and 13, Public Records of Pinellas County, Florida. Parcel 2: Lot 111 and the Northerly 1/2 of Lot 112, Lloyd -White -Skinner Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page(s) 12 and 13, Public Records of Pinellas County, Florida. Page 4 of 5 EXHIBIT "B" TO GENERAL ASSIGNMENT & BILL OF SALE List of Personal Items Page 5 of 5 Additional Inventory Wheel Barrel 1 Refridgerator (used) 6 Television (Tube) 8 Television (Flat Screen) 2 Paint Sprayer 1 Compressor 1 Ceramic Tile Cutter 1 Ladder (extension 24') 1 Ladder (8") 1 Ladder (4') 1 Water Heaters 2 Washing Machines 2 Dryers 2 Floor Polisher 1 Odor Eliminator Machine 1 Hand Truck 1 Luggage Cart 3 Breakfast Room Tables 11 Breakfast Room Chairs 36 Conference Room Tables 5 Conference Room Chairs 52 Coffee Machine 1 Coffee Airpot 3 Commercial Toaster 1 CPU, Monitor, Keyboard, & Mouse 4 HP Printer 1 Printer/Copier/Fax 1 Desks 2 File Cabinets 3 Telephone System with 65 extensions 1 Electronic Key Machine 2 Cordless Telephones 2 Oasis Shampoo 1 box 288 pieces Toilet paper 2 boxes 96 per box 192 pieces Facial Tissue 4 boxes 30 per box 120 total soap bar medium 0.75 4 boxes 1000 per box 4000 total soap bar 1.5 1 box 500 per box 500 total 2 pack dear conditioner ki 1 box 500 per box 500 total Java DCF 2 boxes 200 per box 400 total smokeodor 1 box 12 per box 12 total carpet fan 1 piece carpet machine 1 piece a/c unit NEW 1 piece Universal tv remote 10 pieces ice bucket 1 box 36 pieces 36 pieces hot plate 2 pieces hair dryer white 2 pieces telephone 5 pieces alarm clock radio 3 pieces Targe ironing board 3 pieces toaster 9 pieces iron 1 piece coffee maker 8 pieces shower curtain vinyl 1 box 12 pieces 12 pieces shower curtain 2 boxes 24 pieces 24 pieces scotch brite 1 box 20 pieces 20 pieces sand urm (« shtr). 2 pieces 3 Used working PTAC Gloves (med) 1 box Toilet seat bands 1 box bags 17x18 2 boxes trash bags 24x24 3 boxes trash bags 24x33 2 boxes trash bags 33x39 3 boxes trash bags 1 box odor counteractant 2 pieces cling and clean scout brite liquid 2 pieces bleach 1 piece glass cleaner 1 piece 1000 pieces 40 pieces 20 pieces 20 pieces 100 pieces 100 pieces 12 pieces 12 pieces 1000 pieces 80 pieces 60 pieces 40 pieces 300 pieces 100 pieces 8 gallons 24 pieces 6 gallons 4 gallons fleece blanket 108x90 king 14 pieces fleece blanket 80x90 full 8 pieces flat sheet 108x115 king 24 pieces fitted sheet 78x80x12 king 18 pieces pillow cases king 48 pieces fitted sheet fitted sheet flat sheet 90x115 full 6 pieces queen 12 pieces queen 12 pieces pool towels 36x68 8 pieces bath towel 25x54 hand towel 16x27 wash cloth 12x12 bath mat 20x30 3 boxes 3 boxes 3 boxes 2 boxes 48 per box 120 per box 300 per box 60 per box 144 total 360 total 900 total 120 total Beachview Room Inventory Summary King Beds 16 Queen Beds 80 Double Beds 16 Dressers 48 Mirrors 64 Chests 42 Lamps 171 Stands 80 Tables 85 Chairs 142 Coffee Pots 64 Waste Baskets 128 TV's 96 Air-condition/Heat 64 Fans 14 Luggage Racks 62 Wall Pictures 185 Refrigerator 48 Microwaves 48 Sofa 48 Chairs -salon 18 BEACHVIEW INN INVENTORY CHECK LIST ITEM 201 202 1 203 204 205 206" 207 208 209 210 211 212 213 214 215 216 KING BEDS X X QUEEN BEDS X 2 X 2 X 2 X 2 2 2 2 2 DOUBLEBEDS:. DRESSERS X 1 X X 1 X 1 1 X X 1 2 CHESTS X 1 X X X 1 1 1 1 1 1 1 1 X LAMPS' 2 STANDS 1 2 1 1 1 1 2 1 1 1 '1 I 1 .TABLES'' CHAIRS 2 1 2 X 2 2 1 4 3 2 3 4 2 2 3 COFFEEPOTS WASTE BASKETS 2 2 2 '7 2 2 2 2 2 2 2 2 2 2 2 TV'S 2 AIRCONDITION/HEAT FANS , LUGGAGE RACKS WALL PICTURES REFRIGERATOR 1 X:;: 3 1 1 1 1 1 X: 1 .3 4 1 X 9 i X 1 X X 1 1 1 MICROWAVES 1 X" 1 1 1 1 SOFAS 1 X 1 X 1 X X 1 1 CHAIR SALON X. X X 1 1 X. x ITEM 301 302 303 KING"BEDS QUEEN BEDS X 2 X 2 DOUBLE 3EDS` DRESSERS 1 X MIRRORS CHESTS X 1 X STANDS TABLES CHAIRS 1 2 2 1 2 WASTE BASKETS 2 1 2 2 AIRCONDITION/HEAT 1 LUGGAGE RACKS WALL PICTURES REFRIGERATOR MICROWAVES SOFAS 1 1 X X X 1 I X 1 x X. 304 X X 2 1 2 1 X: 1 X X BEACHVIEW INN INVENTORY CHECK LIST 305 2 x 2 2 l X 306 X X 1 2 2 1 X 1 7 X X 307 308 309 2 x 1 2 2 1 X. X X 1 2 1 2 X X X._ 2 X I 4 2 1 1 1 X X 310 2 1 1 1 2 2 1 1 I 1 311 1 312 2 2 X 1 2 2 2 x 1 1 4 2 313 X., 2 I 1 4 2 1 X 1 314 X.' ;. 2 1 1 2 2 1 1. 4' 1 1 1 I; X X; 1 315 X 2 2 X 1 2 2 1 1 1 316 • >X .>: 2 1 1 4 2 1 4. l :1 X BEACHVIEW INN INVENTORY CHECK LIST ITEM 401 402 403 404 405 406 407 408 409 410 411 E 412 413 414 415 416 KING BEDS X. X X X. ': X� X:. QUEEN BEDS 2 X 2 X 2 X 2 X 2 X 2 2 2 X DOUBLE BEDS : •> X X - DRESSERS 1 x 1 x 1 X 1 X l 1 1 X 1 1 X MIRRORS 1 CHESTS X 1 X 1 X 1 X 1 1 1 1 1 1 1 1 LAMPS STANDS 1 2 1 1 1 1 1 2 1 1 1 1 1 2 TABLES CHAIRS 2 1 1 1 2 1 4 2 I 4 4 2 2 4 COFFEE POTS`: WASTE BASKETS 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 AIRCONDITION/HEAT 1 1 1 1 1 1 1 1 1 1 1 1 1 FANS X: X X' X x X 1 LUGGAGE RACKS 1 1 1 1 1 1 1 1 1 1 1 1 WALL PICTURES 1 2 2 3 1 4 4" REFRIGERATOR X X 1 X i X 1 1 1- 1 1 1 MICROWAVES 1 1' 1' 1. 1 1 1: I SOFAS 1 x 1 X 1 X 1 x I 1 1 1 1 1 CHAIR SALON BEACHVIEW INN INVENTORY CHECK LIST ITEM ;KING:BEDS 501 502 503 504 505 506 507 508 509 510 511 512 1 X X X X X X'= 513 X? 514 X 515 516 X, 1. QUEEN BEDS X X X X X X X X 2 2 X 2 2 2 X DOUBLE BEDS Xr X :;.. X DRESSERS 1 X 1 X 1 X 1 X 1 2 1 1 2 2 1 1 MIRRORS. CHESTS X 1 X X 1 X 1 X I X X 1 'LAMPS_ ;::: 3 STANDS 2 2 1 2 2 1 1 1 1 2 I 1 2 TABLES' CHAIRS 2 2 1 2 2 4 2 2 4 4 2 2 4 COFFEE POTS WASTE BASKETS 2 2 2 2 2 2 2 2 2 2 I 2 2 2 2 2 TV'S AIRCONDITION/HEAT 1 I 1 1 1 1 FANS X :X X, X 1 X> i LUGGAGE RACKS WALL PICTURES'' REFRIGERATOR MICROWAVES 1 X X I 1 1 1 X 1 X 1;, X 1 1 2 X X z: 1 1 I 1 4.:: 3 1 1 3 - 1 1 I SOFAS I X 1 X 1 X X 1 1 I 1 1 CHAIR -:SALON, ,.. X X:?' Exhibit 2 Return to: City Attorney's Office City of Clearwater P.O. Box 4748 Clearwater, FL 33758 Amendment to Development Agreement THIS AMENDMENT to DEVELOPMENT AGREEMENT ("Amendment") is dated the day of , 2022 and entered into between Beachrock Lodging LLLP, a Florida limited partnership ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting though its City Council, the governing body thereof ("City"). Recitals: WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, the City and Mainstream Partners VIII, LTD, ("Original Developer") entered into a Hotel Density Reserve Development Agreement (HDA2013-08004, Resolution 14-11) dated May 28, 2014 and recorded at Official Records Book 18431, Page 535 in the public records of Pinellas County ("Development Agreement"); and WHEREAS, the Original Developer's interest in the Development Agreement was assigned to Ker Holdings Beachview, LLC, and subsequently assigned to Developer (Beachrock Lodging LLLP), as consented to by the City by execution of a Joinder of the Assignment dated July 28, 2021; and WHEREAS, Beach by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community by further providing for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for mid-sized hotel projects; and 1 WHEREAS, the Development Agreement provided one hundred (100) units from the Hotel Density Reserve to the Developer to be utilized on 1.6 acres of real property (as described in the Development Agreement as "Property"); and WHEREAS, maximum density permitted on the Property, pursuant to Beach by Design, is 150 units per acre; and the Development Agreement provided for a density of 113 hotel units per acre; and WHEREAS, the Developer desires to modify the Project design as provided for herein and in Exhibit B, attached hereto and made part hereof; and WHEREAS, upon completion of the Project contemplated in the Amended Agreement, the Project will contain a total of one hundred eighty (180) overnight accommodation units (113 units per acre), which includes one hundred (100) units originally granted from the available Beach by Design Hotel Density Reserve ("Amended Project"); and WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2019) and any other applicable law; and WHEREAS, the City has determined that, as of the Effective Date of this Amendment, 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 §§ 4-206 and 4-606 of the Community Development Code ("Code"); and WHEREAS, at a duly called public meeting on , the City Council approved this Amendment and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the upon approval by the City Council, the Developer will seek to amend the site plan approved pursuant to FLD2014-12034 pursuant to the Code ("Site Plan") which has been extended pursuant to state and local law; and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Agreement as more fully set forth herein below. STATEMENT OF AGREEMENT NOW THEREFORE, in consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Scope of Project. Notwithstanding anything contained in the Development Agreement to the contrary, section 4 and all other references in the Agreement and Exhibits regarding the Scope of the Project shall be consistent with the following: (a) Section 4.4 is amended to read: The density of the Project shall be 113 units/acre. In no instance shall the density of a parcel of land exceed 150 units per acre. The height of the Project is proposed to be 99 feet 0 inches (99'0") but shall not exceed 100 feet as measured from the point at which minimum floor elevations have been established by law, as defined in the City's Community Development Code. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. (b) The Project shall substantially conform with the plans included in Exhibit B attached hereto and made part hereof, which is consistent with Beach by Design. SECTION 4. Expiration Date. The Agreement, as amended, shall expire ten (10) years after the adoption of this Amendment. SECTION 5. Ratification. Except as specifically modified herein, all terms, conditions and obligations contained in the Development Agreement shall retain in full force and effect and are reaffirmed by the parties hereto. Signature Page to Amendment to Development Agreement HDA2013-08004A In the Presence of: �CC 1 � Print Name- J.t,..� 6i4 ec' C P in Name: .JLss► La 1,R 11v tx Print Name: Print Name: As to "Developer" Beachrock Lodging, LLLP, a Florida limited partnership By: DESRUP, INC., a Florida corporation, its Generrtner By: Hiren Desai, President CITY OF CLEARWATER, FLORIDA By: Jon Jennings, City Manager As to "City" Attest: Rosemarie Call, City Clerk Countersigned: Frank Hibbard, Mayor Approved as to Form: Matthew J. Mytych Assistant City Attorney Signature Page to Amendment to Development Agreement HDA2013-08004A STATE OF Tennessee COUNTY OF l—torn; 1-1- on The foregoing instrument was acknowledged before me by means of''physical presence of ❑ online notarization this I'+t day of au 1 2022 by Hiren Desai, as President of DESRUP, INC., a Florida corporation, as General Partner of Beachrock Lodging, LLLP a Florida limited partnership. He is ❑ personally known to me or ❑ has produced a valid driver's license as identificion. ,_____-, ary Public Print Name: v asap the r erq My Commission Expires: gf 1.7/y9. V Exhibit B EMBASSY SUITES HOTELS 325 S. GULFVIEW BLVD. & 326 CORONADO DRIVE CLEARWATER, FLORIDA 33767 OWNER: BEACHROCK LODGING, LLLP c/o 3H GROUP HOTELS 6716 HERITAGE BUSINESS COURT SUITE 100 CHATTANOOGA, TN 37421 423-834-9311 OWNER'S REPRESENTATIVE/ CONTRACTOR: GRACE CONSTRUCTION CONSULTANTS 5720 MARLIN ROAD #200 CHATTANOOGA, TN 37411 423-208-9833 ARCHITECTURE, INTERIOR DESIGN, STRUCTURAL ENGINEERING, MECHANICAL, ELECTRICAL, PLUMBING AND FIRE PROTECTION ENGINEERING: LINDSAY POPE BRAYFIELD & ASSOCIATES, INC. 344 WEST PIKE STREET LAWRENCEVILLE, GEORGIA 30046 770-963-8989 PROJECT DATA 1. ZONING: T — TOURIST 2. FUTURE LAND USE — RFH — RESORT FACILITIES HIGH 3 PROPOSED USE: 180 UNIT OVERNIGHT ACCOMMODATIONS / RETAIL 4. SITE — 1.6 ACRE, 69,736 SF 5. BUILDING FOOTPRINT — 56,380 SF 6. GROSS BUILDING AREA — 265,256 SF 7. BUILDING HEIGHT: ALLOWABLE 150' PROPOSED 99'-0" ABOVE DESIGN FLOOD ELEVATION 8. SETBACKS: CORONADO 15' GULFVIEW 0' SIDES 10' 9. PARKING: REQUIRED — 180 ROOMS X 1.2 = 216 PROVIDED — 240 10. ACCESSORY SPACE 13.42% 11. ISR PERCENTAGE 85.2% IMPERVIOUS/ 59,275 SF IMPERVIOUS DRAWING INDEX AO COVER SHEET Al SURVEY PLAN A2 SITE PLAN A3 SECOND FLOOR PLAN A4 THIRD FLOOR PLAN AS FOURTH FLOOR PLAN A6 FIFTH—EIGHTH FLOOR PLANS A7 NINTH FLOOR PLAN A8 EXTERIOR ELEVATIONS A9 EXTERIOR ELEVATIONS A10 AERIAL PERSPECTIVES All BUILDING DIMENSIONS APPROVED & PROPOSED COMPARISON DRAWINGS Ail SITE/ FIRST FLOOR PLAN A13 SECOND FLOOR PLAN A14 THIRD FLOOR PLAN A15 FOURTH FLOOR PLAN 616 FIFTH—EIGHTH FLOOR PLANS Al 7 NINTH FLOOR PLAN Alb EAST & WEST ELEVATIONS 619 NORTH & SOUTH ELEVATIONS A20 ISOMETRIC STUDY NW CORNER A21 ISOMETRIC STUDY NE CORNER A22 ISOMETRIC STUDY SE CORNER A23 ISOMETRIC STUDY SW CORNER ggnINH OWNER: BEACH ROCK LODGING. LLLP c/o 3H GROUP HOTELS ▪ 4.00a. nr'Ir 37/21 ,4,31 %34_0311 OWNER'S REPRESENTATIVE/ CONTRACTOR: GRACE CONSTRUCTION CONSULTANTS D „DD. PROJECT: EMBASSY SUITES BY HILTON 323 s GULF.* elm.: 326 COP.. ° DRIVE U..1 31(R, FLORIDA EDITION 02.11.22 04.27.22 Revised Design D5.03.22 Final Set P ROJECT RD_ 221022 DRAWN ITT [DEEDED YE P EW DATE © 30 .. 000F COVER SHEET PE ANL BEACH 107.89' 412'04'15"E! S GULFVIEW BLVD I I I RETAIL 2 (2.383.25 SF) BE '47'W RETAIL 3 I / KIM .Se SF) 4V COURT I per. `;R -g O Os SITE PL ANO O �i V SCALE: 1" = ACCESSORY SUMMARY (SF FLOORS HOTEL RETAIL 11,667 5F BANOUET SPACES/ MEETING ROOM 3,930 SF FITNESS 709 5F RESTAURANT 4,435 SF GARAGE ACCESSORY SPACE GROUND 4,698 SF 40,694 SF 10,988 SF 2ND FLOOR 7,143 SF 49,237 5F —0- SF 3RD FLOOR 20,860 SF —0— 20,432 9,044 SF 4TH FLOOR 19,723 SF —0— 5F 709 SF 5TH FLOOR 20,432 SF —0— —0- 6TH FLOOR 20,432 SF —0— —0- 7TH FLOOR 20,432 SF —0— —0- 8TH FLOOR 20,432 5F —0— —0- 9TH FLOOR 20.432 SF —0— —0— TOTAL 154,584 SF 89,931 5F 20,741 SF ACCESSORY SPACE SQUARE FOOT RETAIL 11,667 5F BANOUET SPACES/ MEETING ROOM 3,930 SF FITNESS 709 5F RESTAURANT 4,435 SF 56,380 SF TOTAL 20,741 SF 56,380 ACCESSORY USAGE 20,741 SF = TOTAL HOTEL 154,584 SF 13.429 OVERALL SQUARE FOOTAGE (5F) SUMMARY FLOORS SQUARE FOOT 1ST FLOOR 56,380 SF 2ND FLOOR 56,380 SF 3RD FLOOR 29,904 SF 4TH FLOOR 20,432 SF 5TH FLOOR 20,432 SF 6TH FLOOR 20,432 SF 7TH FLOOR 20,432 SF BTH FLOOR 20,432 SF 9TH FLOOR 20.432 5F TOTAL 265,256 5F OWNER BEACHROCK LODGING, LLLP c/o 3H CROUP HOTELS 67111. HERITAGE BUSINESS COURT. SURF 100 CHATT(423)N834-9311 NOOGA. TN r4R1 OWNER'S REPRESENTATIVE/ CONTRACTOR: GRACE CONSTRUCTION CONSULTANTS 3726 MARLN O0 . 1100. CHATTANOOGA. IN 37111 PROJECT: EMBASSY SUITES BY HILTON fvRR R CLEARWATER. FLORIDA 33767 EDITION 021122 04.27.22 Revised Dayan 08.03.22 Final Set 061322 Submitted Set PROJECT No: 221022 ORAW/H1 OV CHECKED OP APPROVED BP: PLOT MM. ®ITE° . POPE SITE / FIRST FLOOR PLAN 2 %/ (A I I I, 4 I-lk + 1_._J # GNLY a 0 , 158 VALET Eii s ; � ;.___.._. _I nP PARKING 8P Y, y ELECT. �,_.__ -__'I ---.. --. .. _--auMPs/ EuI��ER ��� LT-_._ e o (■II( t� y II�I 5 MECR 0 - 1--- Y 1 � I I % 'r 6 / J WOMEN 0 I. ORK I I 71 i I � 1.1I - fi ---- fi 1 -[fi A �K NEN, r . - -I— .Iii------ � J- — _l i I 1 LLL _L SECOND FLOOR LPB 2,1022 O. SCALE: 1' = 20'—O' PARKING SUMMARY FIRST FLOOR: STANDARD H/C ACCESSIBLE SECOND FLOOR 77 7 (INCLUDING 1 VAN) 156 TOTAL: 240 101 OWNER' BEACHROCK LODGING, LLLP c/o 3H GROUP HOTELS 6716 HERITAGE BUSINESS OUR, SUITE 100 len)7OOLA. IN 911 34-9311 OWNER'S REPRESENTATIVE/ CONTRACTOR. GRACE CONSTRUCTION CONSULTANTS 5726 MARLIN RD CHATTANOOGA. IN 371st PROJECT. EMBASSY SUITES BY HILTON 525 S GULF -VTR BLVD.& C,IiEZOATER. FLORIDA EDITION 02.1122 0.2722 Revised Design 08.0322 Final Set 06.1322 Submitted Set PROJECT No. 221022 DAMN By SECOND FLOOR PLAN 1a -H' TI II I I I TH - H 1— I � I I I I I I I I I STATR5 / ELEV.! TO BEACH POOL At 21. DAM SF) --1—r: L ::: DII 1 I s 4 i I ti I 1 I I 1 I2 I 18 1I II" �,i 1, 1 18 1 (AMENITY DECK I IIg i. r t— —r tt + — _. �.. I 1 BANQUET( (1.110 SF) I TOILET FUNCTION BARONET !1.611 SF) TERRACE r BOARD ROOT I I I I — _. 1 1 r- t- .F -r 1 1 I I „2-110. TO SL (1RE81. sF) TERRACE HOTEL MA KE THIRD F L 0 0 R SCALE 1 lee 221022 SCALE: 1" = 20'-0" OWNER: BEAC HROCK LODGING. LLLP c/o 3H GROUP HOTELS 6/16 HERITAGE ...SS COURT SUITE 100 CHATTANOOGA, TN (003)9RIt 654-9111 OWNER'S REPRESENTATIVE/ CONTRACTOR. GRACE CONSTRUCTION CONSULTANTS 5126 4ARLN 6RRmNaace. % 3i:1' 1 PROJECT. EMBASSY SUITES BY HILTON 325 S OULEVIER BLVD 326 CORONADO DRIVE CLEARWATER. FLORIDA 33767 EDITION 02.11.22 00.27.22 Revised Design 06.0322 Final Set PROJECT NO.: 221022 ORA ; 9t.R.o ,R...o.. THIRD FLOOR PLAN r o- f 09 -IA' 3 © e -A- O EN R FTOP EVENT SPACE t — —d — I FITNESS (709 SF) B 1 I ATRIUM 1 1 1 6 1 B 1 B al 1 1 1 1 I I do d, I I I 1 1 CevERED e + ''I, TER ACE BFLOrs I I f LAUNO A 1— r I 1 1 I 1 I I I I I — 1-- _j__ 1f 4 1.. 4 1— .—i I 1 1 I I I >:, -109. i I I I r � ——J— 0 0 0 0 © 13 «-RC FOURTH FLOOR OS 221022 0 0 10 20 SCALE. 1" = 20'-0" ROOM SUMMARY FLOOR A B C E C H I J K TOTAL 4 4 10 2 1 4 2 1 1 0 25 5 7 13 2 1 4 2 1 1 0 31 6 7 13 2 1 4 2 1 1 0 31 7 7 13 2 1 4 2 1 1 0 31 B 7 13 2 1 4 2 1 1 0 31 9 7 13 2 1 4 2 1 0 1 31 TOTAL: 39 75 12 6 24 12 6 5 1 180 ROOM TYPE DISCRIPTION A — STANDARD ONE—ROOM KING SUITE B — STANDARD TWO—BED QUEEN SUITE C — STANDARD KING SUITE E — ACCESSIBLE TWO—BED SUITE G — SHOT—GUN SUITE H — SHOT—GUN TWO BED SUITE I — SHOT GUN ONE BED SUITE J — ACCESSIBLE SHOT—GUN KING SUITE K — ACCESSIBLE SHOT—GUN TWO QUEEN SUITE OWNER: BEAC HROCK LOGGING, LLLP c/o 3H GROUP HOTELS 6716 HERITAGE BUSINESS LOU, SURE 100 231404-11,11 114 ]4:1 (4 OWNER'S REPRES EN TAT IV E/ CONTRACTOR. GRACE CONSTRUCTION CONSULTANTS 5,20 MARIN RD WO CNA1,11000.,. N 37411 PROJECT EMBASSY SUITES BY HIL321 S gON,V1(111 BLVD oam. 3376/ EDITION 0211.22 09.27.22 Revised Design 06.03.22 FAA Set P14011C. ND.: 221022 DRftwm Br CHECKED Br APPROy. Br P.01 OK1E ®:PINg .3442 FOURTH FLOOR PLAN J 210-a I I II I I I I I I I I I Y! I TO I I I I I I I, I I I I I I 41- a— I, I A GUEST ICE YWA MAID O-- -r + r —1 I +ERRACE BFLONO I1 I o-- --t , T r j I I 4 I I I L __ _ a — T---- r t 1 I Rz-1114. 0 © 0 0 0 11 12 FIFTHE T H - EIGHTH FLOORS 170 221022 SCALE. 1 — 20'—O' OWNER: BEAC HROCK LODGING, LLLP c/o 3H GROUP HOTELS 6116 111(111ACE BUSINESS C01I111. SOIL 100 142 12-931No OOCA, IN lt:1 OWNER'S REPRESENTATIVE/ CONTRACTOR. GRACE CONSTRUCTION CONSULTANTS 512B MARLIN CHATTANOOGA. 1N 37411 PROJECT EMBASSY SUITES BY HILTON ClEAP101111, FORMA 13.16.1 EDITION 02.1122 00.27,21 Re9Ued Design 06.0322 Final Set PROJECT NC.: 221022 CNTC.0 Or APPROrEll Br FIFTH - EIGHTH FLOOR PLANS I 1 ! 1 ! ! 1 1 ! 1 t 1 1 ! ! ! ! ! 1 1 1 . i t 1 1 1111111 --Ir--- ! H L- -4 + i I i i▪ iI ! ! I lig; - ---ra i I 1 1 1 1 i 1 i • 1 L i 1 I ! ! 1 I ! IA ii ._,i. T i ._. ._ ! I 1 4! 1 _L , ._L_ 1 1 I. MI h 0-----▪ 4----T-- —:— — 4– — L: i 0— r --!-- r- r-- 1 [10.' i - fit' ! 1 ! ! i 0--- r + r ±-• ! --I II iLIIII 111i 1 ----j__- i 1 1 1 ! * i ifi 1 1 0 --r----- i-- 0 ! e -r e -1-, ! ® .A. 0 ti– I 4- 0 ® 4, I ! i ! CI 4. @ I 6 H---- 1 i NINTH F LOOR ERE, 221022 SCALE, 1" = 20.-0" OWNER: BEACHROCK LODGING, LLLP c/o 3H GROUP HOTELS 6/16 HERITAGE BUSINESS LOUP, SURE 100 LEIRITENDOCA. EX 37.71 (4431 834-03 OWNER'S REPRESENTATIVE/ CONTRACTOR, GRACE CONSTRUCTION CONSULTANTS 5736 MARLIN PO 11E10 CHAITANDOLA 11,1 3741'1 PROJECT EMBASSY SUITES BY HILTON CLEARRATER, ROC. 3376/ EDITION 0211.22 0421.22 Revised Design 06.03.22 Final Set PRIIIECIESO 221022 APPRORED RE PLOT DATE ©FM= '12r51, 4043 name NINTH FLOOR PLAN IrL iu111i1 uiuTiiunui I.IN■■I. 11. 111#11 III i •I X1111111 NII®III 11111111..n11un111111111 Milli •lel11nnl t•.tt...t1 ■ -■ II INK MI Ittt@t.. lieuI1111111111111 111111 11 11111111 IIIIIIln .,IATA onl.u...t._ UUUI1•II NI .n. i11n111t11ipnnn11111111 11111111. 1111111111111spl�.!t.t!u out ■I U ■ ton .Audi•. i 1/1u!111ri111 I Ii/11/ II1I■��� .lnrutln'N rr. E1F DDf1�rr.eeer. 111111111111V.11 ILII/LII1 uu1IU� illi/rlunnn 11111111 �ri1.�� r� ■nluuulmt r�.� I re. 11 �::�ulrfr*il IIIm/IiliII ulniiuurinnuillioru uinnl UNE EMI =III j 1111/ I7/unuun f111u.� .t. aa.■Jut 1111 ' I r-�t ! a tlt•ttI;I En as 4;a.__ iii6wiriui®Huai®liui® II 111 I.1 "•®� 111 61111 iluiiillr®1i11■1'II/%II 1 1111'li� ■I .uutuuimam intiMmei ■�in____ _■_____r.lII III„iltnml•i-__ 5.,,,. -I�� lIIIIIIIII��1111/I�tl11�t11III11111111.11tttt•••I11t•I�=� TOP OF MECH. TOP OF • TOP OF DECK 9T FL ST FLOOR 7TH 6TH FLOOR ---- ---- --ice irnii 1®®U®®i ii ■1111■ ■■■■ ■■■i■ !� Mir 4 niiIjiIIl�l,Iln1�1111e 1111111111 fl 11 IIIIIIIIIIIt,.11111111__ __ 1_tT_. ■�a■ ■��■ 1111■■_ ■__ ■■■��■■■■'■■■■i■■■■i_ 111 111131111111111111111111111111151riiiimeggiti�•111111111hIIIt [III IIIF1111111111111I1I111 H . . W E S T ELEVATION S C A L E: 1/16” a 1'-0" EXTERIOR MATERIAL FINISHES / COLOR 1. ARCHITECTURAL PANELS 2. ARCHITECTURAL PANELS 3. ARCHITECTURAL PANELS 4. EIFS 5. EIFS 6. METAL PANEL 7. PERFORATED METAL PANEL 8. WINDOWS, STOREFRONT 9. GLASS RAILING IC n 3/4" X 12" X 12" D.C. KERCKHOFF CO. 3/4" X 12" X 12" D.C. KERCKHOFF CO. 3/4" X 4" X 4" SW 7009 PEARLY WHITE - SAND SW 7009 - WAVE ARCHITECTURAL TEXTURE PAC CLAD - McNICKOLS 173401 1241 3/4" DIA. HOLES AT 1" STAGGERED CLEAR INSULATED GLASS, ODD PERCENT FENESTRATION / ARCHITECTURAL DETAIL: 62% 001 WHITE - REGULAR 010A CAPPACCINO DOUBLE - LIGHT 048 BROCKWAY GREEN - ACID WASH w -_ II■IIaiiIIN1UU1 111IIY=MI•I 1rU1 mi1111 I11 UU!I in•1•iil it■11®II•IIIskiiI11JII■I/1m1p1— 1111m_m_uket ■■II■'uumm o �11�11�11�111!!IIII�IIIIIII!IN'!111�1- -- IIII<»�11111!!11!/�!T II iil........ .9.11=1111.11.Tr _ lil1i11 !1i/_I = l !!- _ II■11�1�1�_I�I�III�I/IIII■Ig11111��1®IIi1�J��1111[1•■II�/IItt111 • -II■ 1®II�III 11 11 11 1 Ill aljllltl■11�111IL! -1U/1 1a! I_._ ■ww1. 111111w.I■ ■n.1.w �•-.11. ■ MOI 11111111111111I LI M■ �NN111iii1I1� 11111Ii• I_ 11111! 1111■ imi■ 1111■■ ■�■ ■®Ira ra : 11 lair O Tint .11:11:111, i1111:111i1 ■■1111 TATA■ . 111111 ■. UMW, OM ill 1111111 11111111111 111! H LJ EAST ELEVATION SCALE:1/16"e1'-0- LJ VEHICLE ARRIVAL [JI HOTEL ENTRY SERVICE AREA PERCENT FENESTRATION / ARCHITECTURAL DETAIL: 60% ST FLOOR NTH FLOOR n. DOR 1ST TOP OF O MECH. TOP OF PAROAPET P OF 0( 9TH FLOOR 6TH FLOOR 7TH ROOK 6TH FLOOR siR FLOOR ATH FLOOR 3Ro FLOOR N0 FLOOR l6T DES1GN FLOOD J. EL. 12'-0' MOOD .� D NANO FLOOR - EL. 6'-0' NAND INN OWNER: BE AC H R0CK LODGING, LLLP c/o 3H GROUP HOTELS CHATTANOOGA.VIA HERITAGE BUSINESS COURT. SUITE 100 604-utt 7+St f 10/ OWNER'S REPRESENTATIVE/ CONTRACTOR: GRACE CONSTRUCTION CONSULTANTS PRA MANUA 2 ' CHATTANOOGA, Si411 PROJECT. EMBASSY SUITES BY HILTON 321 S eMO 6 126 COR0NA00 DRIVEELIMINATE, I, ORM EDITION 02.11.22 04.27.22 Revlee4 Design 06.03.22 Flnel Set PROJECT NO. 221022 PARRA AT CPECIELD AP APPROVED 11, PLOT PAII. ®.;saG.tlF. N P4R6 EXTERIOR ELEVATIONS _!3I 111 11 11 11 11- NORTH ELEVATION SCALE 1/16""1'-0' EXTERIOR MATERIAL FINISHES / COLOR 1. ARCHITECTURAL PANELS 2. ARCHITECTURAL PANELS 3. ARCHITECTURAL PANELS 4. EIFS 5. EIFS 6. METAL PANEL 7. PERFORATED METAL PANEL 8. WINDOWS, STOREFRONT 9. GLASS RAILING 3/4" X 12" X 12" D.C. KERCKHOFF CO. 3/4" X 12" X 12" D.C. KERCKHOFF CO. 314"X4" X 4" SW 7009 PEARLY WHITE - SAND SW 7009 - WAVE ARCHITECTURAL TEXTURE PAC CLAD • McNICKOLS 173401 1241 3/4" DIA. HOLES AT 1" STAGGERED CLEAR INSULATED GLASS, 001 WHITE - REGULAR 010A CAPPACCINO DOUBLE - LIGHT 048 BROCKWAY GREEN - ACID WASH 1111 _1 1111111a man 111111 — 41111 _ 111111111 • smug palm Milli = 11111111 ■ mmg OIg011� 11111 II111III1 11 11 aim �O101..1 4ri11I1 111Ii II II • CM ■ _U 1111111111:311 4111111 1!f11h111IIiIi 111 ow.. ■7alunf ... ..®Isi.rl r.■ 11111 • 111 1111111IIUIIinli 1111h1111'III 1 Ilammudimm 1111111/ IIIIIIIIIIIIIIIIIIIIII III III _ EiiiiFii11 iiiiiiiiiii4inm_s1m1IMEL1n 1111/1111 TOP OFA b MECH. OP OF J PARAPET TOPP GE hYh o�AODF DECK Y 4 BTH FLOIXi Sib ttooR FLOOR PERCENT FENESTRATION / ARCHITECTURAL DETAIL: 60% 11111111 mill II/. 111111111. 1 n1u I III11 11 !111, SOUTH ELEVATION OP OF� 9 MECH. TOP OP ob P TOP .5„ ROOF DECK BTH FLOOR BLH FLOOR F=0 fiOH aoaa FIOIXV 5TH 0 3360 FLOOR 2ND FLOOR • DESIGN FLOOD EL 13,0" NA. o TSTA A7. FRWK4 EC761'127776'4 = H T fL00F* PERCENT FENESTRATION / ARCHITECTURAL DETAIL: 61% DESIGN ROOD EL 16'-0" NAVO 1S1 111039 EL. S1A"NAND OWNER: BEACHROCK LODGING, LLLP c/o 311 GROUP HOTELS 1.718 NERFIALI MINE. COOK SUITE 100 (9::19x1-9x104:9x1 OWNER'S REPRESENTATIVE/ CONTRACTOR: GRACE CONSTRUCTION CONSULTANTS o Iz00, PROJECT: EMBASSY SUITES BY HILTON 326 CORDR40014DNA BLVD It EDITION 02.11.22 04.27.22 ReNeed Design 06.03.22 Final Set PROJECT : 221022 Cx[esee Sy APPROVED BY: PLOT WE, EXTERIOR ELEVATIONS GULFVIEW VIEW PEDESTRIAN WALK VIEW CORONADO VIEW GULFVIEW VIEW PEDESTRIAN ENTRA CORONADO VIEW OWNER: BEAC H ROCK LODGING, LLLP c/o 3H GROUP HOTELS e. NTT Hss CHUTTA, CHATTANOOGA. R1HH ]µ anAm034-0 R 1m (TT]]) 1118-TT111x 1 OWNER'S REPRESENTATIVE/ CONTRACTOR: GRACE CONSTRUCTION CONSULTANTS 57,11 MAR. RO. poo. CHATTANOOGA. AN 171111 1.11.111111111111111111. PROJECT: EMBASSY SUITES BY HILTON D26 CORONADODRIVE CLRARNRRR, FLORIDA 33767 OIrION 02 14 22 DD 21.22 Revised 03 22 Heel Set vv..JDOT No. 221022 AYPROVCO 100 1,01 DAM PERSPECTIVES Al 0 SOUTHEAST MASSING MODEL NORTHWEST MASSING MODEL OWNER: BEAC H R DCK LODGING, LLLP c/a 3H GROUP HOTELS ( �N>he��-sni .n OWNER'S REPRESENTATIVE/ CONTRACTOR. GRACE CONSTRUCTION CONSULTANTS 572A MARL 1100. ODA. vu PROJECT EMBASSY SUITES BY HILTON ias c. LAMA BLVDIDITIADD DRIVE EDITION 02.11.22 01.27.21 Deign 08.03.22 Pini Set PNO<n No: 221022 CALLA. tv tv0A0vEll Dv: PLOT BAII! BUILDING DIMENSIONS GULF VIEW BOULEVARD CORONADO DRIVE SITE/ FIRST FLOOR PLAN - APPROVED 101.!9 31704'15 BEACH S GULFVIEW BLVD 91' 0t FL 8 CD CORONADO DRIVE SITE/ FIRST FLOOR PLAN - PROPOSED III MI FA. OWNER: BEACHR0CK LODGING, LLLP c/o 3H GROUP HOTELS 1214 HERITAGE eUSMESS COURT, SURE 10 ( 534w. T. 3/421 (43/)23) 534 -uv OWNER'S REPRESENTATIVE/ CONTRACTOR: GRACE CONSTRUCTION CONSULTANTS Sae Ile o. Exon PROJECT: EMBASSY SUITES BY HILTON 325 S. GULFVIEW 3)22.9 325 0 OHM A1CH. ELOROA 33T68i EDITION 0211.22 05.2] 22 Revised Design 08.03.22 Final Set v3O4L*11O 221022 ®:EHER.ER SITE/ FIRST FLOOR PLAN "7":11frf KAU • 0••00311•MitYk MAYO AWN. •IONK•11 •10. INMAN SECOND FLOOR PLAN - APPROVED SECOND FLOOR PLAN - PROPOSED 3',..1.11114:t OWNER: BEACHROCK LODGINC, LLLP c/o 3F1 GROUP HOTEL S 1.10.11/46I BUSINLS5 COUR, SLIFIL 100 CN41100100.. IN 31.41 ON) 534-1311 OWNER'S REPRESENTATIVE/ CONTRACTOR. GRACE CONSTRUCTION CONSULTANTS S72SS*RLINR� 000. PROJECT: EMBASSY SUITES BY HILTON 325 5 GUMMI, BLVD k :117(rj'1.011: 337.7 EDITION 02 1122 042722 Revised Design 00.0322 Pnie Set PROJECT NO 221022 ctac“D APPNOWtk D.M.: ©AiligtO = vovL SECOND FLOOR PLAN THIRD FLOOR PLAN - APPROVED THIRD FLOOR PLAN - PROPOSED OWNER: BEACHROCK LODGING, LLLP c/o 3H GROUP HOTELS 6716 NOR RAGE Ess m 4131 0TIAN34-1111 IF 37.1 OWNER'S REPRESENTATIVE/ CONTRACTOR: GRACE CONSTRUCTION CONSULTANTS 5746 liARUN RD 6240 CRATIA/1006A, t11 37411 PROJECT. EMBASSY SUITES BY HILTON FIORD e RR CORONADO DRIVE CLIARRIA7ER. FLORIDA 33 /67 EDITION 02.1122 042722 Rowed Design 060322 cmelSei 221022 CROCKED RV ARMOND RV P. DAM ®;= MOCLATIle RIO THIRD FLOOR PLAN FOURTH FLOOR PLAN - APPROVED FOURTH FLOOR PLAN - PROPOSED OWNER. BEACHROCK LODGING. LLLP c/o 3H GROUP HOTELS CHATTANOOGA.CAA HENTIEGf BUSINESS COM. SIMS 100 31 tA.i (A-a31I OWNER'S REPRESENTATIVE/ CONTRACTOR: GRACE CONSTRUCTION CONSULTANTS 5736 .ARur R0. /200. GRAne6006A, TN 37111 PROJECT: EMBASSY SUITES BY HILTON <IGRnF RRATER�0010B. EDITION 0211.12 0,1 2722 Rew.0 Doman 0R 03.22 Final Sat 1+10,1eGE a0: 221022 DUNNE EN. CHECKED V 41111101420 11111414 .. FOURTH FLOOR PLAN 0_COi COJJO' POOL ., II iIJ11�ilUll - i I i=lill(1, is il11 el'. 414,1,144444444141 FIFTH THRU EIGHTH FLOOR PLANS — APPROVED OWNER: BEAC HROCK LODGING. LLLP c/o 31.1 GROUP HOTELS 6716 HIM!. 909111123 COM 100 COM. SUM C11.114110046. IN 37421 (423)l3rt`9J11 OWNER'S REPRESENTATIVE/ CONTRACTOR: GRACE CONSTRUCTION CONSULTANTS o PROJECT. EMBASSY SUITES BY HILTON O <1417001,ILONN3A EDITION 02.1122 04.2722 Revised Deer 00.0323 Final 55 FIFTH THRU EIGHTH FLOOR PLANS —PROPOSED 6111.41/6 m.e:3 . No.L FIFTH THRU EIGHTH FLOOR PLANS rl 4 0 NINTH FLOOR PLAN - APPROVED NINTH FLOOR PLAN - PROPOSED en Weer. TO eni OWNER: BEACH ROCK LODGING, LLLP c/o 3H GROUP HOTELS 0710 CUOeT�f506E F100 suf33 CHATIAN0040. TN 14131 1130.0311 3111 OWNER'S REPRESENTATIVE/ CONTRACTOR: GRACE CONSTRUCTION CONSULTANTS 5 1.i1u0000.4TN 4441'1 PROJECT: EMBASSY SUITES BY HILTON iia coioxeoavonni 3 f,s.F3..190A J] e1 EDITION 02.11.22 04 2722 Revised Deakin 06.0322 F1ndiSN 44001011.0 221022 KW WE ©Ilahrotp 1.041. NINTH FLOOR EAST & WEST ELEVATIONS -APPROVED _r. III �l l l I I l CCD l l ,S1 _ L L �in�l�l��u�! u�uw III ■IIIA.___ IIII II SI ;; 1 •�_■ �•�� X11 1 I _ 111 !1;1 Il;;II■III 11!11111 H 1 3111 OI111PY i�7i�i'l�i4 iq li. 11611111:1.111111111 jli •!.4 Am 4f ice' IMI1111 IIIIII1II/l 11 '1i4 111.1111011/1 111111= Mt 1I 11111/III 111 IPI II!LI1161 �1111 I•IIIIIYr•1111Mal1111111 1 VI IIIIIIIINI:IIIIIISLM111111111111111111H.21 ,m{ w 11111111 JLIL1.01111(�1�h� 1111111111111,11111 1 1 SAI 111,11 5111 1.!!!i!! 1!1!W .1U1PU■ 1 #IIIIIII IT14I11 11 1 1l ii .1 1A 1711-111 11■ ■■ 1■ 7 M Till r UIil II 11 t t i 011 ( Bill HT I1 ICILI Irl -Kg+ —1114143-31.11911131111 W E S ` - L EV /1 T i G N S C A 3 EAST & WEST ELEVATIONS -PROPOSED OWNER: BEACH ROCK LODGING, LLLP c/o 311 GROUP HOTELS Sou1 100 /LAMM W 333 COURT. 00. iM 31.11 (433) 034-011 OWNER'S REPRESENTATIVE/ CONTRACTOR: GRACE CONSTRUCTION CONSULTANTS 5331:ARtW RO. J1401 PROJECT: EMBASSY SUITES BY HILTON 323 3. 000RR1 PIMA 331 C0110. 00 OWE CCEM•AT111. ttYRYA 33307 EDITION 03.1171 0127.22 nm11w ORtl1R 040322 FMN S. PROJECT 3o: 221033 DOOM O/c MAMA* ITT MAO OTTE EAST AND WEST ELEVATIONS A18 I ftfiI 1-01 ffrtr1Thl'f-1111111 LI rrrti- — trt-rr trtfirt-rr tri'rt-/-1 1t t -f'171' N. N. A T t ON NORTH & SOUTH ELEVATIONS - APPROVED if rn LI1' NOR TH E L E V A T 1 N sc*LE 1/11D nee§ 61762 WI. 111111 „,.H1211..1 mei 617215 wenn _ Hit "pa' wad 11111111G suumg 11111111 —• -”9!11 Ill! !II! win in •tti inus 111111111 111111111 — 11111111 0111 Ill I NI • • IN MI IS 1.) 11.111 JN 11.1t) 1 1 TITTTMI Fl vr& OOR SOUTH ELEVATION SCA L El 1/16. 1* -0* NORTH & SOUTH ELEVATIONS - PROPOSED * 11,MIXI. °X"' t2.1,,C,11,417. III III1 OWNER, BEAC H ROC IT LODGING, LLLP 6/0 .31.1 CROUP HOTELS 6716 66111461 BONUS COUNT 54165 100 ONOTA110006. 1N 17431 N23)134-1311 OWNER'S REPRESENTATIVE/ CONTRACTOR: GRACE CONSTRUCTION CONSULTANTS tairrOO:.% PROJECT: EMBASSY SUITES BY HILTON 315 5. 01.11.10101 MOE 301 CORONADO ORNE 11.511111511.1. 11.011164 33727 EDITION 02 11 22 002722 6041550 Osegn 0603 22 FINN SW 55006141 60 221022 MUNK OE: CHECKED 144. 40•10110 P1.01 DAIS, c1111.11 r NAVO. 4 NORTH AND SOUTH ELEVATIONS ISOMETRIC STUDY— APPROVED NW CORNER GULF VIEW ISOMETRIC STUDY— PROPOSED NW CORNER GULF VIEW OWNER: BEACHROCK LODGING, LLLP c/o 3H GROUP HOTELS IDE Boswn2 SUITE 100 1i)An000A. IN J7E21 2) 1244211 OWNER'S REPRESENTATIVE/ CONTRACTOR: GRACE CONSTRUCTION CONSULTANTS n«:n.xoa li PROJECT: EMBASSY SUITES BY HILTON 222 S. OULEVIEVI BLVD,. 2,211 CORONADO OBOE CLEM [1, FLORIDA 31787 EDITION 02.1122 042722 Revised Design 00 03 22 Finel Sel PROJECTW 221022 MARA 11, ®:res 1 B� ISOMETRIC STUDY NW CORNER ISOMETRIC STUDY- APPROVED NE CORNER GULF VIEW ISOMETRIC STUDY- PROPOSED NE CORNER GULF VIEW El OWNER. BEACHROCK LODGING, LLLP c/o 3H GROUP HOTELS 117‘11 OCRROOT 11115114.5 COURT. SURE 100 CH/.13/11000.4. Mil (423) 031-1311 OWNER'S REPRESENTATIVE/ CONTRACTOR: GRACE CONSTRUCTION CONSULTANTS 5744 MARIA 110. 1100. cotATTAMOOCA. IN 37111 oROJECT: EMBASSY SUITES 00 HILTON 1T5 s. ouovaw OLVORI . COR01.1400 ORM ClIARITATEP. TORR. 13107 EDITION 02 11 22 04 27 22 Relosed Design 06 03 22 0,0090% PROTECT.. 221222 ORA. V. CR000C0 —TiTTIT0vE0 Or MR DOR Clnintie ma, — nrctv.. ISOMETRIC STUDY NE CORNER ISOMETRIC STUDY- APPROVED SE CORNER GULF VIEW ISOMETRIC STUDY- PROPOSED SE CORNER GULF VIEW OWNER: BEACHROCK LODGING, LLLP c/o 3H GROUP HOTELS 13711 ORM. MMUS coast, sort[ Io0 fa1422) 130-Ral2, 1 nal OM ua-1 OWNER'S REPRESENTATIVE/ CONTRACTOR: GRACE CONSTRUCTION CONSULTANTS ARaa A ID 4200. CNKR PROJECT: EMBASSY SUITES BY HILTON 305 3. 440701(1 0040.• 3211 CORONAOO URN[ CIFARRAt[R, ROMs 33]0 EDITION 02 11 22 04.22 22 Revg04 Design 05.0322 Final Set PROJECT no. 221022 ORONN CRECRID ARPROVED 11, ISOMETRIC STUDY SE CORNER ISOMETRIC STUDY- APPROVED SW CORNER GULF VIEW ISOMETRIC STUDY- PROPOSED SW CORNER GULF VIEW OWNER: BEACHROCK LODGING, LLLP c /o 3H GROUP HOTELS CNETINIONA. TN 37121 (OS) 431-9311 OWNER'S REPRESENTATIVE/ CONTRACTOR: GRACE CONSTRUCTION CONSULTANTS 'L,Tru:OOVii; '31Th PROJECT: EMBASSY SUITES BY HILTON Llf:12rDllYr • ClEARVIATER, FLOR. 337117 EDITION 02 11 22 04 27 22 Named Deagn 01 0322 Ftnel Set PROJECT. 221022 MAKE R. MEP Fr: DATE ©Mt& Tgav r[rof ISOMETRIC STUDY SW CORNER