MANDATORY EVACUATION / CLOSURE CONVENANTEXHIBIT "C"
MANDATORY EVACUATION/CLOSURE COVENANT
PLEASE RETURN RECORDED DOCUMENT TO:
Matthew J. Mytych, Esq.
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2025059871 02/28/2025 11:23 AM
OFF REC BK: 23077 PG: 1949-1954
DocType:RST RECORDING: $52.50
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS (this "Declaration")
is made and entered into as of this asf h day of F bry t y , 2025, 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 25-01, passed and approved
on February 20, 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
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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
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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]
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IN WITNESS WHEREOF, the parties have hereto executed this Declaration on the date
and year first above written.
(DECLARATION—DEVELOPER SIGNATURE PAGE)
In the Pre ce f:
Print 1` ame: CLAY 4, ClouwASJ
Address: 62S Cou2T s+, Surft 206
Catirwttai R . rs75
Print Name: , r 1 e
Address: 6 zs covizest, sopif ap,
CIfAR►JMEK, 3t1rb
"AS TO DEVELOPER"
STATE OF FLORIDA )
COUNTY OF PINELLAS )
AP BEACH PROPERTIES, LLC,
a Florida limited liability company
By:
W ciech Osiak, Manager
Date: / /9-/707 r
The foregoing declaration was acknow ged before_2311eans of
or online notarization me this day of jCz-itVOi
OSIAK, as Manager of AP BEACH PROPERTIES, LLC, a Florida
on behalf of the entity. He is personally known to me or has
LIOr v,1,1 -j ( 6711 as identification.
physical presence
, 2025, by WOJCIECH
liability company,
produced
tiYdi VALERIE A.SULECKI
Ar MY COMMISSION # KN 119922
April t'
EXPIRES: AP
PO. Bonded ThN Notary Public Unclemiterc
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NOTARYP B -IC
Print Name: (
My Commission Expires: 11
Countersigned:
Bruce R
Mayor
Date: 'Z- Z6 6
(DECLARATION—CITY SIGNATURE PAGE)
Approved as to form:
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
J- nifeoirrier
Date: City Manager
a as/as
Attest:
fi
Matthew J. Mytych, Esq. Rosemarie Call
Assistant City AttorneyCity C1ek
Date: a/c,; /as Date:
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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
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