COVENANT OF UNIFIED USEEXHIBIT "D"
COVENANT OF UNIFIED USE
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# 2025059872 02/28/2025 11:23 AM
OFF REC BK: 23077 PG: 1955_1958
DOCType:RST RECORDING: $35.50
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (this "Covenant") is executed this aS'fhday of
Febt-var y , 2025, by AP BEACH PROPERTIES, LLC (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 25th day of February, 2025
(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.
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(COVENANT—DEVELOPER SIGNATURE PAGE)
In the Pres • nce of:
Printme: CLAY A.r?-uj1A►.)
Address: 615-Covize STisL Zoo
CLEAkiNfER, FL 3370
rint Name: '-
Address: 14,5" cavt51) Surf ?b
aEARLATR, FL- 3373b
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing declaration was ac 9wledged b
or online notarization me this day
OSIAK, as Manager of AP BEACH PROPERTIES, LLC, a F
AP BEACH PROPERTIES, LLC,
a Florida limited liability company
By:
Wojciech Os , Manager
Date: / Z v 2�
re by means ofN physical presence
__K_h ' , 2025, by WOJCIECH
da limjted liability company,
on behalf of the entity. He is personally known to me or has produced
Jkr) L`CQ-+vSQ as identification.
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r .(&,fi
NOTARY PUB
Print Name:
My Commission Expires: Zl
Countersigned:
Bruce Rec
Mayor
Date: -Z/?fi /25
(COVENANT—CITY SIGNATURE PAGE)
Approved as to form:
Matthew J. Mytych, Esq.
Assistant City Attorney
Date: WI I 14), S
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Jdntfifer Perrier
City Manager
Date: ala s / ca -S
Attest:
Rosemarie Call
City Clerk/
Date: (/ACi.9) Ms
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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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