COVENANT REGARDING HURRICANE EVACUATION AND DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONSUpdated Exhibits C & D to HDA2014-06004, Resolution 14-29 as of January 17, 2023
(includes proposed Vacated Right of Way)
COVENANT REGARDING HURRICANE EVACUATION
And DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECL4RATION OF COVENANTS AND RESTRICTIONS ("Declaration") is
made as of the <23 day of 7 g( , 2023, by Triprop Clearwater, LLC, 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 14-29 passed and approved on September
24, 2014, Developer's application for Hotel Density Reserve Units pursuant to the Designation,
subject to Developer's compliance with the requirements of the Designation. Developer desires for
itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and
responsibilities with respect to the use and operation of the Real Property in accordance with the
terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the
Designation, which rights, duties, obligations and responsibilities shall be binding on any and all
successors and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to be
observed and performed, and in further consideration of the allocation of Hotel Density Reserve
Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, Developer hereby declares, covenants and agrees as follows:
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PI NELLAS COUNTY, FL
INST# 2023088107 04106/2023 09:40 AM
OFF REC BK: 22397 PG: 2042-2048
DocType:RST RECORDING: $61.00
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1. Benefit and Enforcement. These covenants and restrictions are made for the benefit
of Developer and its successors and assigns and shall be enforceable by them and also for the
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 One hundred (100) units, which is the number of hotel units allocated to
Developer from the Hotel Density Reserve, shall be used solely for transient
occupancy of one month or thirty (30) consecutive days or less, must be licensed
as a public lodging establishment and classified as a hotel, and must be operated by
a single licensed operator of the hotel. All other units shall be licensed as a public
lodging establishment. No unit shall be used as a primary or permanent residence.
Access to overnight accommodation units must be provided through a lobby and
internal corridor. A reservation system shall be required as an integral part of the
hotel use and there shall be a lobby/front desk area that must be operated as a typical
lobby/front desk area for a hotel would be operated. All hotel units shall be required
to be submitted to a rental program requiring all hotel units to be available for
members of the public as overnight hotel guests on a transient basis at all times.
No unit shall have a complete kitchen facility as that term is used in the definition
of "dwelling unit" in the Code. Developer shall make available for inspection to
authorized representatives of the City its books and records pertaining to each Hotel
Density Reserve unit upon reasonable notice to confirm compliance with these
regulations as allowed by general law. The Developer agrees to comply with the
Design Guidelines as set forth in Section VII. of Beach by Design.
2.1.2 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 be closed as soon as practicable upon the issuance of a hurricane watch by the
National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel
guests, visitors and employees other than emergency and security personnel required to protect the
hotel, shall be evacuated from the Hotel as soon as practicable following the issuance of said
hurricane watch. In the event that the National Hurricane Center shall modify the terminology
employed to warn of the approach of hurricane force winds, the closure and evacuation provisions
of this Declaration shall be governed by the level of warning employed by the National Hurricane
Center which precedes the issuance of a forecast of probable landfall in order to ensure that the
guests, visitors and employees will be evacuated in advance of the issuance of a forecast of
probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of all
building permits required to build the project ("Project") and Developer's commencement of
construction of the Project, as evidence by a Notice of Commencement for the Project. This
Declaration shall expire and terminate automatically if and when the allocation of Reserve Units
to the Developer expires or is terminated.
4 Governing Law. This Declaration shall be construed in accordance with and
governed by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the Real
Property with the Clerk of the Courts of Pinellas County, Florida.
6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including
reasonable attorneys' fees, which are incurred by the City in the event that the City determines that
it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains
relief, whether by agreement of the parties or through order of a court of competent jurisdiction.
7 Severability. If any provision, or part thereof, of this Declaration or the application
of this Declaration to any person or circumstance will be or is declared to any extent to be invalid
or unenforceable, the remainder of this Declaration, or the application of such provision or portion
thereof to any person or circumstance, shall not be affected thereby, and each and every other
provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law.
[Signatures begin on following page]
1(
_IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this
23`day of S1 nluary , 2023.
P esence
Print name: DR_loara \ t /C -» Q.rd
a/iu go
Print name: Da4leik. LSt..e
STATE OF FLORIDA
COUNTY OF PoL4k 6.e.ack
DEVELOPER:
TRIPROP CLEARWATER, LLC,
a Florida limited liability company.
By: Mark Walsh
Title: Manager
The foregoing instrumept was acknowledged before me by means of,.physical presence or 0 online
notarization the .3fdday of 1-ctacAj , 2022, by Mark Walsh, as manager of Triprop
Clearwater, LLC, a Florida limited liabilit/company, for the Company. He is personally known
to me or has [ ] produced as identification.
\N HOpy
Notary Public r �(
Print Name: 1i Drain {-10tAiarc(
My Commission Expires: 7_3 /, D1/45-
Signature Page to Third Amendment
To Development Agreement HDA 2014-06004A
Name: Frank V. Hibbard
Mayor
Reviewed and Approved:
Name: Matthew J. Mytych, E
Assistant City Attorney
CITY:
CITY OF CLEARWATER, FLORIDA,
a municipal corporation of the State of
Florida.
By:
Name: JeiYnifer Poirer
Interim City Manager
Attest:
Name: Rosemarie Call
City Clerk
(SEAL)
Schedule 1 — Legal Description
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.
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. -1���0)