COVENANT OF UNIFIED USECOVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this Jr1 day of
otAwzcy, 2023, by Triprop Clearwater, LLC, a Florida limited liability company
("Develop6r").
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 September 24, 2014, as amended
(collectively, with all amendments, 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 be operated by a single hotel operator.
IN WITNESS WHEREOF, Developer has caused this Covenant to be executed this 31r
day of 1-0.nvaac , 2023.
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2023088108 04/06/2023 09:40 AM
OFF REC BK: 22397 PG: 2049-2053
DocType:RST RECORDING: $44.00
4(f)
In the Presence of:
Print name: D-4OC&lik itAvad
&Pc(
Print name: � �4/.e, (,;&k
DEVELOPER:
TRIPROP CLEARWATER, LLC,
a Flori s a limited liability company.
By: Mark Walsh
Title: Manager
STATE OF FLORIDA
COUNTY OF PctAtvL 6.ea.ck
The foregoing instrumept was acknowledged before me by means of%physical presence or El online
notarization the (.73r �day of J(,taJt/ , 2023, by Mark Walsh, as manager of Triprop
Clearwater, LLC, a Florida limited liabilicompany, for the Company. He isfl personally known
to me or has [ ] produced as identification.
Notary Public/
Print Name: �(,��Ciu1G�d
My Commission Expires: /-3[_.2s
Signature Page to Third Amendment
To Development Agreement HDA 2014-06004A
CITY:
CITY OF CLEARWATER, FLORIDA,
a municipal corporation of the State of
Florida.
By: 1 r if By:
Name: Frank V. Hibbard Name: Jenniferlhoirer
Mayor Interim City Manager
Reviewed and Approved:
Attest:
t'afaiti2 tc.
Name: Matthew J. Myt ' , Esq. Name: Rosemarie Call
Assistant City Attorney
City Clerk
(SEAL)
Schedule A
LEGAL DESCRIPTION
PARCEL 1:
LOT 75 LESS THE NORTH 10 FEET THEREOF AND ALL OF LOTS 76 AND 77; THAT PART OF LOT 123 OF
LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 123 AND RUNNING THENCE ALONG ITS EASTERLY
BOUNDARY, 25 FEET; THENCE WESTELY IN A STRAIGHT LINE TO A POINT IN THE WESTERLY
BOINDARY OF SAID LOT, WHICH IS MIDWAY BETWEEN ITS NORTHWEST AND SOUTHWEST CORNERS:
THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT, 25 FEET, MORE OR LESS, TO
THE SOUTHWEST CORNER OF SAID LOT; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF
SAID LOT TO THE POINT OF BEGINNING.
AND
LOTS 124, 125, 126 AND 127, LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13. PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA, LESS THAT PART OF LOT 127 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT AND RUNNING EASTERLY 3 FEET ALONG THE
NORTH BOUNDARY; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE SOUTHWEST CORNER OF
SAID LOT; THENCE NORTH ALONG THE WESTERLY BOUNDARY TO THE POINT OF BEGINNING.
AND
LOTS 128 AND 129, LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO TH EPLAT THEREOF
RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
AND
LOTS 72. 73, 121, 122 AND THE NORTH ONE-HALF OF LOT 123, LLOYD- WHITE -SKINNER SUBDIVISION.
ACCORDNG TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
AND
LOT 74 AND THE NORTH 10 FEET OF LOT 75, LLOYD- WHITE -SKINNER SUBDIVISION, ACCORDNG TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 13. PAGES 12 AND 13, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
TOTAL COMBINED SITE AREA CONTAINS 86,880 SQUARE FEET OR 1.99 ACRES, MORE OR LESS.
PARCEL 2:
LOT 79 AND 80 OF LLOYD -WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY.
FLORIDA.
AND ALSO:
LOT 78, LLOYD -WHITE -SKINNER SUBDIVISION, AS AFORESAID TOGETHER WITH THE FOLLOWING
PARCEL OF LAND BEGINNING IN THE NW CORNER OF LOT 127, LLOYD -WHITE -SKINNER SUBDIVISION,
AS AFORESAID AS A P.O.B. RUN THENCE EASTERLY ALONG THE NORTHERLY PROPERTY LINE OF
SAID LOT A DISTANCE OF 3 FEET; THENCE SOUTHWESTERLY TO THE SW CORNER OF SAID LOT;
THENCE RUN NORTHERLY ALONG THE WESTERLY LOT LINE OF SAID LOT TO P.O.B.
THE SUBJECT PARCEL CONTAINS 0.426 ACRES. MORE OR LESS.
(4)
Parcel 3 DESCRIPTION:
A portion of the East 1/2 of the Gulf View Boulevard right-of-way (now known as South Gulfview
Boulevard), shown on THE LLOYD -WHITE -SKINNER SUBDIVISION plat, recorded in Plat Book 13,
Pages 12 and 13 of the Public Records of Pinellas County, Florida, being more particularly described as
follows:
BEGIN at the Northwest corner of Lot 72 of said THE LLOYD -WHITE -SKINNER SUBDIVISION;
thence along the Easterly right-of-way line of said South Gulfview Boulevard the following course and
curve; S.00°00'00"W, 85.15 feet to the beginning of a curve concave to the East, having a radius of
777.00 feet, thence Southeasterly, 160.28 feet along said curve through a central angle of 11°49'09"
(chord bears S.05°50' 10"E., 160.00 feet); thence non -tangent to said curve, N.55°08' 15"W., 49.74 feet to
the center line of said right-of-way and the beginning of a non -tangent curve concave to the East, having a
radius of 812.00 feet, thence Northwesterly, 131.30 feet along said curve and center line through a central
angle of 09°15'52" (chord bears N.04°34' 14"W., 131.15 feet); thence N.00°00'00"E., 80.83 feet along
said center line to the Westerly extension of the Northerly boundary line of said Lot 72; thence
N.82°58' 18"E., 35.26 feet along said extension to the POINT OF BEGINNING.
Containing 8,000.5653 Square Feet (0.1837 Acres), more or less.