HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENTKEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2025059870 02/28/2025 11:23 AM
OFF REC BK: 23077 PG: 1900-1948
DocType:AGM RECORDING: 5418.00
HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT (this
"Agreement") is made and entered into this a Sfhday of Fe 6 r ueat j , 2025, by and
between AP BEACH PROPERTIES, LLC, a Florida limited liability company (the
"Developer"), its successors and assigns, and THE CITY OF CLEARWATER, FLORIDA, a
Florida municipal corporation (the "City" and together with the Developer the "Parties").
RECITALS:
WHEREAS, one of the major elements of the City's revitalization effort is a special area
plan for the revitalization of Clearwater Beach (the "Beach") adopted under the provisions of the
Florida Growth Management Act, Chapter 163, Part II, Florida Statutes, and titled Beach by
Design; and
WHEREAS, Sections 163.3220 — 163.3243, Florida Statutes, the Florida Local
Government Development Agreement Act (the "Act"), authorizes 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, pursuant to the Act the City has adopted Section 4-606 of the City of
Clearwater Community Development Code (the "CDC"), establishing procedures and
requirements for the City to consider when entering into development agreements; and
WHEREAS, Beach by Design proposed the development of hotel units to equalize
development opportunities on the Beach and to ensure the Beach remains a quality, family resort
community, and further provided for a limited pool of additional hotel density reserve units
("Reserve Units") to be made available for hotel projects with said pool being referred to as the
Hotel Density Reserve (the "Reserve"); and
WHEREAS, the Developer owns 1.759 acres of real property (the "Property") in the
corporate limits of the City, more particularly described in Exhibit "A" attached hereto and
incorporated herein; and
WHEREAS, the City and Mainstream Partners VIII, LLC previously entered into that
certain development agreement dated October 2, 2014, as amended by that certain First
Amendment to the Hotel Density Reserve Development Agreement between the Parties dated
February 9, 2022, for the development of a one hundred sixty-six (166) overnight accommodation
units hotel project on the Property which expired on October 8, 2024; and
WHEREAS, the Parties now wish to enter into this Agreement to develop a hotel project
on the Property consisting of 135 overnight accommodation units, approximately 20,000 square
feet of retail space, an approximately 6,825 square foot restaurant, meeting space for guest use, a
pool, a lobby, and an approximately 160,795 square foot parking garage containing a minimum of
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162 parking spaces or 1.2 spaces/unit for the overnight accommodations use, a minimum of 50
spaces available to the general public, and 186 spaces to be allocated to permitted uses at the
Developer's discretion, generally conforming to the conceptual site plan and architectural
elevations shown in Exhibit "B" (collectively the "Project"); and
WHEREAS, the Property has not previously acquired density from the Destination Resort
Density Pool; and
WHEREAS, upon completion the Project will contain 135 overnight accommodations
units, which includes 100 Reserve Units; and
WHEREAS, the City has conducted such public hearings as are required by and in
accordance with Section 163.3225, Florida Statutes, CDC 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 Project is
consistent with the City's Comprehensive Plan and the CDC; and
WHEREAS, at a duly noticed and convened public meeting on February 20, 2025, the City
Council approved this Agreement and authorized and directed its execution by the appropriate
officials of the City; and
WHEREAS, approval of this Agreement is in the best 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, the Developer has approved this Agreement and has duly authorized certain
individuals to execute this Agreement on the Developer's behalf.
WITNESSETH:
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 and CDC, 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 CDC 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.
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SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is
subject to this Agreement.
A. The Property currently has a land use designation of Resort Facilities High (RFH) and is
zoned Tourist (T). The permitted uses on the property shall include overnight
accommodations, retail sales and services, restaurants, and any accessory uses commonly
associated with a hotel as determined by the City's community development coordinator.
Such uses shall be developed in accordance with the Project's conceptual site plan and
architectural elevations attached hereto as Exhibit "B" (collectively the "Conceptual Site
Plan").
B. The Property is owned in fee simple or under contract to be owned in fee simple by the
Developer.
C. The Property is generally located at 405 Coronado Drive, Clearwater, Florida 33767, as
further described in Exhibit "A".
SECTION 4. Scope of Project.
A. The Project shall consist of one hundred thirty-five (135) overnight accommodation units
in total which includes one hundred (100) Reserve Units. Upon adoption of this
Agreement, the Project shall receive the 100 Reserve Units. All Reserve Units not
constructed in accordance with this Agreement shall be returned to the Reserve. The
Project shall include a minimum of one hundred sixty-two (162) parking spaces (1.2 spaces
per unit) dedicated to the overnight accommodation use, as defined in the Code. The Project
shall also include a minimum of fifty (50) parking spaces which shall be made available to
the general public for the life of the Project and an additional One Hundred Eighty -Six
(186) parking spaces which shall be allocable to the permitted uses on the site at the
Developer's discretion.
B. The City has determined that the Conceptual Site Plan is consistent with Beach by Design.
C. The Project shall not exceed one hundred (100) feet in height. The building intensity shall
include One Hundred Thirty -Five (135) overnight accommodation units, meeting space for
guest use, a pool, a lobby, approximately Twenty Thousand (20,000) square feet of retail
space, an approximately Six Thousand Eight Hundred Twenty -Five (6,825) square foot
restaurant, and an approximately a One Hundred Sixty Thousand Seven Hundred Ninety -
Five (160,795) square foot parking garage which shall contain the parking spaces
referenced in Subsection A. above.
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SECTION 5. Effective Date/Duration of this Agreement.
D. This Agreement shall not be effective until this Agreement is properly recorded in the
Public Records of Pinellas County, Florida, pursuant to Section 163.3239, Florida Statutes
and CDC Section 4-606 (the "Effective Date").
E. 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.
F. This Agreement shall continue in effect for ten (10) years commencing on the Effective
Date (the "Term") unless earlier terminated as set forth herein.
SECTION 6. Obligations of the Developer. 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. To comply with this Agreement, the Developer must comply with the
following:
A. 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 CDC provisions
applicable at the time of building permit review.
B. The Project shall be developed in substantial conformance with the Conceptual Site Plan
and the provisions of this Agreement. Any modifications determined by the Community
Development Coordinator as either inconsistent with the Conceptual Site Plan or
constituting a substantial deviation from said plan shall require an amendment to this
Agreement in accordance with the procedures of the Act and the CDC, as necessary and
applicable. Any and all such approved and adopted amendments shall be recorded in the
Public Records of Pinellas County, Florida.
C. 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 CDC, commence vertical construction
within four (4) years from the date of site plan approval, and obtain a certificate of
occupancy within six (6) years from the date of site plan approval. For sake of clarity,
"commence vertical construction" shall mean that the physical building encompassing the
Project has begun being erected on the Property.
D. Evacuation/Closure Covenant. Prior to the commencement of construction, the Developer
shall execute and record a mandatory evacuation/closure covenant, substantially in the
form of Exhibit "C", providing certain use restrictions and stating that the overnight
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accommodation component of the Project will close as soon as practicable after a hurricane
watch that includes Clearwater Beach is posted by the National Hurricane Center.
E. Covenant of Unified Use and Development. Prior to the issuance of the first building permit
for the Project, the Developer shall execute and record a mandatory covenant of unified
use and development, substantially in the form of Exhibit "D". Such covenant shall
provide that the Project shall be developed and used as a single project, provided, however,
that nothing shall preclude the Developer from selling all or a portion of the Developer's
Property in the event that the Developer decides not to construct the Project. It is
understood and agreed that, in the event that the Developer enters into the covenant of
unified use and development and 1.) elects not to construct the Project and notifies the City
of this election in writing, or 2.) as of the date of expiration, termination, or revocation of
this Agreement, no rights of the Developer remain or will be exercised to incorporate the
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.
F. Transient Use. A reservation system shall be required as an integral part of the overnight
accommodations use for the Project. 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. 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.
G. 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. Mini kitchens as defined in Beach by Design are
permitted.
H. Inspection of Records. The Developer shall make available for inspection to authorized
representatives of the City its books and records pertaining to each Reserve Unit upon
reasonable notice to confirm compliance with these regulations as allowed by general law.
I. Compliance with Design Guidelines. The Developer agrees to comply with the applicable
Design Guidelines as set forth in Beach by Design.
J. Limitation on Amplified Music. The Developer agrees that there shall be no outdoor
amplified music at the Project between the hours 11:00 p.m. to 7:00 a.m. on Sunday through
Thursday, or between the hours of 12:00 a.m. to 7:00 a.m. on Friday and Saturday.
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SECTION 7. Oblitations of the City.
A. The City shall promptly process site and construction plan applications for the Property
that are consistent with the Comprehensive Plan, the Conceptual Site Plan, and the Code.
B. The final effectiveness of the applications referenced in Section 7.(A.) are subject to:
i. The provisions of Chapters 163 and 166, Florida Statutes, as they may govern
such applications; and
ii. The expiration of any appeal periods or, if an appeal is filed, at the conclusion
of such appeal.
SECTION 8. Public Facilities to Service Development. Subject to the City's determination of
sufficient capacity, the following public facilities are presently available to service the Property
from the sources indicated below.
A. Potable water is available from the City. The Developer shall be responsible for all
necessary main extensions and applicable connection fees.
B. Sewer service is currently provided by the City. The Developer shall be responsible for all
necessary main extensions and applicable connection fees.
C. Fire protection is available from the City.
D. Drainage facilities for the Property will be provided by the Developer at the Developer's
sole expense.
E. The Project shall comply with the Metropolitan Planning Organization's (the "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:
i. Recognition of standard data sources as established by the MPO;
ii. Identification of level of service ("LOS") standards for state and county roads as
established by the MPO;
iii. Utilization of proportional fair -share requirements consistent with Florida Statutes
and the MPO model ordinance;
iv. Utilization of the MPO Traffic Impact Study Methodology; and
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v. Recognition of the MPO designation of "Constrained Facilities" as set forth in the
most current MPO Annual Level of Service Report.
Any and all improvements associated with the public facilities identified in this section shall be
completed prior to the issuance of any certificate of occupancy. Concurrency requirements that
were included in Article 4, Division 9 of the CDC have been repealed.
The Developer agrees to provide a cashier's check, a payment and performance bond, or letter of
credit in the amount of one hundred fifteen percent (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 9. Required Local Government Approvals. The required local government
development approvals for development of the Property include, without limitation, the following:
A. Site plan approval(s) and associated utility licenses, access, and right-of-way utilization
permits;
B. Building permit(s); and
C. Certificate(s) of occupancy.
SECTION 10. 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's Comprehensive Plan
and the CDC.
SECTION 11. Remedies Upon Default by Developer. If the Developer's obligations are not
fulfilled in accordance with Section 6 of this Agreement, as reasonably determined by the City
Manager, then after thirty (30) days written notice and opportunity to cure such a default, the City
of Clearwater City Council may, at a meeting noticed to Developer and provided in accordance
with the CDC, elect to take any or all of the following actions:
1. Administratively suspend any and all existing permits or development approvals and deny
issuance of any new permits or approvals until the Developer has fulfilled its obligations;
2. In the event of a failure to meet or fulfill the requirements of Section 6.(A.), (B.), (C.), or
(I), terminate this Agreement in part or its entirety and revoke the Reserve Units granted
hereunder. Reserve Units revoked hereunder shall be returned to the Reserve for use by
future development projects;
3. Terminate this Agreement in part or its entirety;
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4. Seek specific performance of the Developer's obligation in a court of competent
jurisdiction; or
5. Amend the Agreement to adjust the obligations of the Developer if such amendment does
not violate Florida law, the City's comprehensive plan, or the CDC.
SECTION 12. Other Terms and Conditions. During the Term 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 this Agreement and do not
prevent development of the land uses, intensities, or densities in this 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 13. Compliance with the 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.
SECTION 14. Notices. All 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 Developer:
With a copy to:
AP BEACH PROPERTIES LLC
648 Poinsettia Avenue
Clearwater, Florida 33767
MACFARLANE FERGUSON & MCMULLEN P.A.
Attn: Brian J. Aungst, Jr., Esq.
625 Court Street, Suite 200
Clearwater, Florida 33756
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If to City:
With a copy to:
CITY OF CLEARWATER
Attn: City Manager
P.O. Box 4748
Clearwater, Florida 33758
CITY OF CLEARWATER
Attn: City Attorney
P.O. Box 4748
Clearwater, Florida 33758
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 (3rd) day following deposit in the United States mail,
certified mail, return receipt requested. The Parties may change the addresses set forth above
(including the addition of a mortgagee to receive copies of all notices), by notice in accordance
with this Section.
SECTION 15. Assignment by Developer.
A. During the Term of this Agreement, the Developer may only 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, 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.
B. 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 be 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.
SECTION 16. Successors and Assigns. The terms herein contained shall bind and inure to the
benefit of the City, and its successors and assigns, and the Developer, their personal
representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically
provided herein.
SECTION 17. Minor Non -Compliance. 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 of Clearwater City Manager or their designee is of a minor or inconsequential nature.
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SECTION 18. Covenant of Cooperation. 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 19. Approvals. 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 20. 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 be signed by the Parties and recorded in the official records of the City.
SECTION 21. 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 22. Construction. 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 23. Partial Invalidity. If any term or provision of this Agreement or the application
thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this
Agreement, including any valid portion of the invalid term or 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 are frustrated, such party shall have the right to terminate this
Agreement upon fifteen (15) days written notice to the other party.
SECTION 24. Code Amendments. 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.
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SECTION 25. Governing Law and Venue. This Agreement shall be governed by, and construed
in accordance with the laws of the State of Florida. The exclusive venue for any proceeding or
suit in law or equity arising from or relating to this Agreement will be in Pinellas County, Florida.
SECTION 26. Counterparts. This Agreement may be executed in counterparts, all of which
together shall continue one and the same instrument.
SECTION 27. 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, the CDC, the
City's comprehensive plan, any other applicable City ordinances, and Florida law.
[ Signature Page(s) to Follow ]
[ Rest of Page Intentionally Left Blank]
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IN WITNESS WHEREOF, the Parties have hereto executed this Agreement the date and
year first above written.
(DEVELOPER SIGNATURE PAGE)
In the Pre;nce
Prin 07ame: C[ -Ay A. r;2lr►AN By:
AP BEACH PROPERTIES, LLC,
a Florida limited liability company.
Address: 67.Fceog?' ) sozef 2aa
Caoleaatai ft 337st
a
Print Name: 17a' v, c'_ -
Address: 62S -C Tst/SJ1rE sae
cant sA(R., F J39,Sb
"WITNESSSES AS TO THE DEVELOPER"
STATE OF FLORIDA )
COUNTY OF PINELLAS )
JCIECH SIAK
Title: Manager
/
Date: ,41 ZoZ_
This Agreement was ac wledged b fore by means of V physical presence or
online notarization me this day o �vC -if,-' , 2025, by WOJCIECH OSIAK, as
Manager ofP BEACH PROPERTIES, LLC, a Florida Kited liabilit cot any, on behalf of the
entity. He is \I personally known to me or has produced FL Ur, I/O rs LIC ce as
identification.
VALERIE A. SULECKI
MY COMMISSION # HH 119922
EXPIRES: April 21, 2025
Bonded Thru Notary Public Underwriters
12
NOTARY PUB
Print Name:
My Commission Expires:
t9- ( /4 Sac 04
Countersigned:
(CITY SIGNATURE PAGE)
Bruce Recto
Mayor
Date:
•V(1/4/1.
Approved as t s f
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Date:
Attest:
niter Poirrier
City Manager
a/ a5/ a5
Matthew J. Mytych, ` sq.
Assistant City Attorney
Date: •P I /� S
Rosemarie Call
City Clerkc
Date: I Xe' 2) OS
13
Ii►p NATO
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
LOTS 1, 2, 3, 4, 5, 6, 8, 9, 10, 11 AND 12, COLUMBIA SUBDIVISION NO. 4, ACCORDING
TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 27, PAGE 50 OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
AND
BEGINNING AT THE INTERSECTION OF THE HIGH WATER MARK OF THE GULF OF
MEXICO AND THE EAST AND WEST CENTER LINE OF SECTION 8, TOWNSHIP 29
SOUTH, RANGE 15 EAST; AND RUN THENCE EAST ALONG THE EAST AND WEST
CENTER LINE OF SAID SECTION 8, 164.38 FEET; THENCE SOUTH 1573.94 FEET;
THENCE SOUTH 77°25'30" EAST, 280 FEET FOR A POINT OF BEGINNING; THENCE
SOUTH 77°25'30" EAST, 10 FEET; THENCE SOUTH 12°34'30" WEST, 50.87 FEET; THENCE
NORTH 77°25'30" WEST, 10 FEET; THENCE NORTH 12°34'30" EAST, 50.87 FEET TO A
POINT OF BEGINNING, OTHERWISE DESCRIBED AS LOT 1-A OF COLUMBIA
SUBDIVISION NO. 5, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN
PLAT BOOK 31, PAGE 16, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
CONTAINING 1.759 ACRES, MORE OR LESS.
COLLECTIVELY TAX PARCEL IDENTIFICATION NO. 08-29-15-17622-000-0100
14
EXHIBIT "B"
Conceptual Site Plan
See attached.
70NING INFORMATION
1. ZONING:
FUTURE LAND -USE'.
PRESENT LAND -USE:
PROPOSED LAND -USE:
OVERLAY DISTRICT.
2 DENSITY:
EXISTING DENSITY:
TRANSFER DENSITY:
LAND TRANSFER:
ALLOWABLE DENSITY:
PROPOSED DENSITY:
(TI TOURIST
(RFH) RESORT FACILITIES HIGH
PARKING LOT
OVERNIGHT ACCOMMODATIONS
SMALL HOTEL DISTRICT (BEACH BY DESIGN)
0 D.U.
0 D.U.
0 AC.
166 OVERNIGHT ACCOMMODATION UNITS APPROVED.
135 OVERNIGHT ACCOMMODATION UNITS PROPOSED .
26,125 GSF COMMERCIAL PROPOSED
3. HEIGHT: (I00 IT)
EXISTING N/A
ALLOWABLE 100 FT.
PROPOSED 100 FT ABOVE DESIGN FLOOD ELEVATION (BEE 12.9 F 24• FREEBOARD • DEE-14.9
FEMA AE 9; Pinellas VulnerabAY, 12.9; Clearwater Freeboard 74"., DEE 14.9
4. PARKING CLACULATIONS
EXISTING STREET PARKING = 6 SPACES
EXISTING STREET PARKING TO BE REMOVED • 6SPACES
REQUIRED PARKING: HOTEL: 1.2 PER HOTEL UNIT • 1.2 X 135 • 162 HOTEL PARKING SPACES
REQUIRED PARKING RETAIL: 4-5/1000 SF RETAIL : 20.000 SF RETAIL • 100 SPACES IP 5/1000
REQUIRED PARKING RESTAURANT: 7.12/1000 5F RETAIL . 6.825 SF RESTAURANT = 82 SPACES L0 12/1000
PROPOSED ADA PARKING • 10 SPACES
TOTAL PARKING REQUIRED : HOTEL & COMMERCIAL 175E • 344 SPACES
TOTAL GARAGE PARKING PROPOSED • 400 SPACES
ADDITIONAL PARKING = UP TO 56 SPACES
5, SETBACKS: REQUIRED PROPOSED
(ET) IPT)
FRONT (WEST) 15 15
FRONT (EA5TI 15 15
SIDE (NORTH) 10 10
FRONT (SOUTH) 15 IS
6 SITE DATA TABLE:
POSTILF.1: =MI P100051013.3.1: p931105Ep131C.1; ALLOWAWLE (LF.E:
TOTAL LOT AREA: 76,635 1.76 76.622 1.76 (MIN.)
BUILDING AREA: 0 0.00 55,125 1.27
ASPHALT / CONCRETE: 36,264 0.83 14,620 0.34
TOTAL IMPERVIOUS AREA: 36,264 0.83 69.945 1.61 ISR (MAX.) 0.95
TOTAL PERVIOUS AREA: 40.371 0.93 6.677 0.15
ISR: 0.47 091
PERCENT IMPERVIOUS 47% 91% (95%PEIMITTEO)
PERCENT PERVIOUS 53% 9%
7. INTERIOR LANDSCAPE CALCULATION
THERE SHALL BE 10%VEHICVLAR USE AREA IVUAI DEVOTED 'TO INTERIOR LANDSCAPING.
TOTAL VUA. N/A PARKING GARAGE
REQUIRED )VUA)+ N/A PARKING GARAGE
PROVIDED (VUA)- N/A PARKING GARAGE
8. REQUIRED FAR =
TOTAL PROPOSED GFA IHOTELI= 119,115
PROPOSED ACCESSORY AREA = 10,805
ACCESSORY AREA PERMITTED . 11,912
Gross SF
Approx Gross SF
Gross SF
9.07%
10%
ACC PROPOSED
ACC PERMITTED
9 F.D.O.T, "0" CURB TO BE INSTALLED AROUND ALL LANDSCAPE ISLANDS UNLESS OTHERWISE NOTED ON THE PLANS.
405 CORONADO DR.
Clearwater, Florida 33767
AP Beach Properties LLC
648 Poincettia Avenue, Clearwater Florida 33767
LOCATION MAP
DRAWING INDEX
Ala COVER SHEET
2 LEVEL(
A14 LEVEL 2
A14 LEVEL
dLEVEL •
Ali LEVEL 6
AI -7 LEVEL (5
A. LEVEL t
• LEVEL
A1-10 LEVEL 9
kW 1 ELEVATIONS -NORTH 6 9101./TN
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40S Coronado Dr.
Clearwater, Florida
Behar
ARCHITECTURE I INTERIORS
1430 TERAMM<L DRIVE SOU 71.1 I ST PETERSBURG FLORIDA 33711
I FOR 90050001 ARCNDECTVREW.COY W GSBS I05450
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I SEPTEMBER 2024
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EXHIBIT "C"
MANDATORY EVACUATION/CLOSURE COVENANT
PLEASE RETURN RECORDED DOCUMENT TO:
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS (this "Declaration")
is made and entered into as of this day of , 202_, by AP BEACH
PROPERTIES, LLC, a Florida limited liability company (the "Developer").
WHEREAS, the Developer is the fee simple owner of certain real property located at 405
Coronado Drive, Clearwater, Florida 33767 more particularly described in Schedule "1" attached
hereto and made a part hereof (the "Property"); and
WHEREAS, 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; and
WHEREAS, the designation of Clearwater Beach as a community redevelopment district
(the "Designation") provides for the allocation of hotel density reserve units ("Reserve Units") as
an incentive for the development of quality hotels. Pursuant to the Designation, the allocation of
Reserve Units is subject to compliance with a series of performance standards, including a
requirement that hotels developed with 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; and
WHEREAS, the City has granted, by City Council Resolution , passed and
approved on , 2025, the Developer's hotel density reserve development agreement
(the "Development Agreement") providing for the allocation of Reserve Units for the development
of a hotel project as provided for in the Development Agreement (the "Project") and pursuant to
the Designation, subject to the 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 Property in
accordance with the terms and conditions of the allocation of the Reserve Units by the City, the
Development Agreement, and the Designation, which rights, duties, obligations and
15
responsibilities shall be binding on any and all successors and assigns and will run with the title to
the Property.
NOW 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 the Reserve Units
to the Developer, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of the
Developer, its successors and assigns, and the residents of the City and shall be enforceable
by Developer, its successors and assigns, and by the City for the benefit of its residents.
2. Definitions. As used herein, the terms "transient occupancy", "public lodging
establishment", "hotel", and "operator" shall have the meaning given to such terms in
Chapter 509, Part I, Florida Statutes.
3. Effective Date. This Declaration shall become effective upon issuance of all building
permits required to build the 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. Covenant of Development, Use, and Operation. The Developer hereby covenants and
agrees to the development, use and operation of the Property in accordance with the
provisions of this Declaration. The use of the Project on the Property is restricted as
follows:
A. 135 units, 100 of which are Reserve Units, shall be used solely for transient
occupancy of one (1) month or thirty-one (31) 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. No unit shall be used as a primary or
permanent residence. Access to the units must be provided through a lobby and
internal corridor. A reservation system shall be required as an integral part of
the hotel component of the Project and there shall be a lobby/front desk area
that must be operated as a standard lobby/front desk area for a hotel would be
operated. All 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 City of
Clearwater Community Development Code (the "CDC"). Mini kitchens as
defined in Beach by Design are permitted. 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
16
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.
B. Public Parking. The Project shall include and maintain fifty (50) public parking
spaces on site for the life of the Project.
C. Closure of Improvements and Evacuation. The hotel component of the Project
developed on the 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. All Hotel guests, visitors, and
employees other than emergency and security personnel required to protect the
hotel component of the Project, 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.
5. Governing Law and Venue. This Declaration shall be governed by and construed in
accordance with the laws of the State of Florida. The exclusive venue for any proceeding
or suit in law or equity arising from or relating to this Agreement will be in Pinellas County,
Florida.
6. Recording. This Declaration shall be recorded in Public Records of Pinellas County,
Florida.
7. Attorneys' Fees. The 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.
8. 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.
[Signature Page(s) to Follow ]
[Rest of Page Intentionally Left Blank]
17
IN WITNESS WHEREOF, the parties have hereto executed this Declaration on the date
and year first above written.
(DECLARATION—DEVELOPER SIGNATURE PAGE)
In the Presence of: AP BEACH PROPERTIES, LLC,
a Florida limited liability company
Print Name:
Address:
Print Name:
Address:
"AS TO DEVELOPER"
STATE OF FLORIDA )
COUNTY OF PINELLAS )
By:
Tomasz Ciesielski, Manager
Date:
The foregoing declaration was acknowledged before by means of physical presence
or online notarization me this day of , 2025, by TOMASZ
CIESIELSKI, as Manager ofAP BEACH PROPERTIES, LLC, a Florida limited liability company,
on behalf of the entity. He is personally known to me or has produced
as identification.
18
NOTARY PUBLIC
Print Name:
My Commission Expires:
(DECLARATION—CITY SIGNATURE PAGE)
Countersigned: CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Bruce Rector Jennifer Poirrier
Mayor City Manager
Date: Date:
Approved as to form: Attest:
Matthew J. Mytych, Esq. Rosemarie Call
Assistant City Attorney City Clerk
Date: Date:
SCHEDULE "1" TO DECLARATION
Legal Description
LOTS 1, 2, 3, 4, 5, 6, 8, 9, 10, 11 AND 12, COLUMBIA SUBDIVISION NO. 4, ACCORDING
TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 27, PAGE 50 OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
AND
BEGINNING AT THE INTERSECTION OF THE HIGH WATER MARK OF THE GULF OF
MEXICO AND THE EAST AND WEST CENTER LINE OF SECTION 8, TOWNSHIP 29
SOUTH, RANGE 15 EAST; AND RUN THENCE EAST ALONG THE EAST AND WEST
CENTER LINE OF SAID SECTION 8, 164.38 FEET; THENCE SOUTH 1573.94 FEET;
THENCE SOUTH 77°25'30" EAST, 280 FEET FOR A POINT OF BEGINNING; THENCE
SOUTH 77°25'30" EAST, 10 FEET; THENCE SOUTH 12°34'30" WEST, 50.87 FEET; THENCE
NORTH 77°25'30" WEST, 10 FEET; THENCE NORTH 12°34'30" EAST, 50.87 FEET TO A
POINT OF BEGINNING, OTHERWISE DESCRIBED AS LOT 1-A OF COLUMBIA
SUBDIVISION NO. 5, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN
PLAT BOOK 31, PAGE 16, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
CONTAINING 1.759 ACRES, MORE OR LESS.
COLLECTIVELY TAX PARCEL IDENTIFICATION NO. 08-29-15-17622-000-0100
20
EXHIBIT "D"
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED DOCUMENT TO:
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (this "Covenant") is executed this day of
, 20_, by (the "Developer").
WITNES SETH:
WHEREAS, the Developer is the owner of the real property located at 405 Coronado
Drive, Clearwater, Florida 33767 more particularly described on Schedule "1" attached hereto and
incorporated herein by reference (the "Property"); and
WHEREAS, the Developer and the City of Clearwater, Florida (the "City") are parties to
that certain Hotel Density Reserve Development Agreement dated the day of
20_ (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 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 hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence
shall expire automatically when and if the Developer's allocation of additional hotel density
reserve units (as defined in the Agreement) expires or is terminated. Nothing in this Covenant 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 Covenant.
IN WITNESS WHEREOF, the parties have hereto executed this Covenant the date and
year first above written.
21
(COVENANT—DEVELOPER SIGNATURE PAGE)
In the Presence of: AP BEACH PROPERTIES, LLC,
a Florida limited liability company
Print Name:
Address:
Print Name:
Address:
STATE OF FLORIDA )
COUNTY OF PINELLAS )
By:
Tomasz Ciesielski, Manager
Date:
The foregoing declaration was acknowledged before by means of physical presence
or online notarization me this day of , 2025, by TOMASZ
CIESIELSKI, as Manager of AP BEACH PROPERTIES, LLC, a Florida limited liability company,
on behalf of the entity. He is personally known to me or has produced
as identification.
22
NOTARY PUBLIC
Print Name:
My Commission Expires:
(COVENANT—CITY SIGNATURE PAGE)
Countersigned: CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Bruce Rector Jennifer Poirrier
Mayor City Manager
Date: Date:
Approved as to form: Attest:
Matthew J. Mytych, Esq. Rosemarie Call
Assistant City Attorney City Clerk
Date: Date:
SCHEDULE "1" TO COVENANT
Legal Description
LOTS 1, 2, 3, 4, 5, 6, 8, 9, 10, 11 AND 12, COLUMBIA SUBDIVISION NO. 4, ACCORDING
TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 27, PAGE 50 OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
AND
BEGINNING AT THE INTERSECTION OF THE HIGH WATER MARK OF THE GULF OF
MEXICO AND THE EAST AND WEST CENTER LINE OF SECTION 8, TOWNSHIP 29
SOUTH, RANGE 15 EAST; AND RUN THENCE EAST ALONG THE EAST AND WEST
CENTER LINE OF SAID SECTION 8, 164.38 FEET; THENCE SOUTH 1573.94 FEET;
THENCE SOUTH 77°25'30" EAST, 280 FEET FOR A POINT OF BEGINNING; THENCE
SOUTH 77°25'30" EAST, 10 FEET; THENCE SOUTH 12°34'30" WEST, 50.87 FEET; THENCE
NORTH 77°25'30" WEST, 10 FEET; THENCE NORTH 12°34'30" EAST, 50.87 FEET TO A
POINT OF BEGINNING, OTHERWISE DESCRIBED AS LOT 1-A OF COLUMBIA
SUBDIVISION NO. 5, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN
PLAT BOOK 31, PAGE 16, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
CONTAINING 1.759 ACRES, MORE OR LESS.
COLLECTIVELY TAX PARCEL IDENTIFICATION NO. 08-29-15-17622-000-0100
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