FLD2004-09068
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CASE #
DATE RECEIVED
RECEIVED BY (staff inItials)
ATLAS PAGE #
ZONING DISTRICT
LAND USE CLASSIFICATION
SURROUNDING USES OF ADJACENT
PROPERTIES
NORTH
SOUTH
WEST
Q SUBMIT ORIGiNAl SIGNED AND NOTARIZED APPuCA TION
Q SUBMIT 14 COPIES OF THE ORIGiNAl APPUCATlON mdudlng
1) collated, 2) stapled and 3) folded sets of Site plans
Q SUBMIT APPliCATION FEE $ 1,205.00
* NOlE 15 TOTAL SETS OF rNFORMAl1QN REQUIRED (APPUCA TlONS PLUS SITE PlANS SETS)
FLEXIBLE DEVELOPMENT APPLICATION
Comprehensive Inftll Redevelopment Project (Revised 10-10-2003)
- PLEASE TYPE OR PRINT - use addJ.lIonal sheets as ne<<=uy
A APPLICANT, PROPERTY OWNER AND AGENT INFORMATION' (Section 4-202 A)
APPLICANT NAME CBR Deve Iopmen t I, LLC, a F lor ida Iltnl ted Ii abil i ty company
MAILING ADDRESS 2201 Fourth Street North, Suite 200, St. Petersburg, FL 33704
E-MAil ADDRESS
]hobach@)mcdev.com
PHONE NUMBER
727-823-0022
CEll NUMBER
FAX NUMBER
Hunter Hotel Company an Iowa corporatlon, p, O. Box 7230,
Des Moines, Iowa 50309, and
727-821-2007
PROPERTY OWNER(S~
(Musllncludll ALL owners as hsled On lhe deed - Provide OI1g,"31 slgnature(s) on page 5}
Mandala Investments, LLC, a Florlda Ilmlted llablllty company, 2201 Fourth Street
North, SUlte 200, St. Petersburg, FL 33704
AGENTNAME~) E. D. Armstron III Es Ulre of Johnson, Po e, Bokor, Ruppel &
Burns, LLP
MAlUNGADDRESS P. O. Box 1368, Clearwater, FL 33757-1368
&~lADDRESS ed@Jpflrm.com
PHONE NUMBER
727-461-1818
FAX NUMBER
727-462-036
CEll NUMBER
B PROPOSED DEVELOPMENT INFORMATION. (Code Section 4-202 A)
STREET ADDRESS of subject site
See Exh'blt "A" tt hed PLANN
.<< a ac . ING DEPARTMFNT
See Exhiblt "B" attached for overall legalC!1Xg~~~~~WATER
lEG4l DESCRlPl10N
PARCEl NUMBER
(If nolllsted here, please note the locabon of !hIS documenlln JIle submIttal)
See Exhlb:Lt "A" attached.
PAACH. SIZE.
9.77 acres m.o.l. (Hotel site 7.36 ac., Condo slte 2.41 ac.)
(acres sqllare feet)
PROPOSEDUSEANDSlZE Multl-use proJect, as descrlbed in Exhiblt "c" attached here-bo
(numb er. of dwelhng II nits holel rooms Or sq ua re Ioolage of nonm sf denlllll use)
p'nd lncorporated hereln.
-"----~ - ---".----....-......----.-5-._ ---.........-- ~~_~ ~~_~-
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Page 1 of 9 - Fle)(Jble Development ApplicatIon - ComprehenSive lnfill Redevelopment PrOJect- City of Clearwater
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DESCRlP11CJll OF REOUEST(S~
Request for fleX1ble development approval of a comprehens1ve
Altadl sheets and be spllClfie when IdentIfYing the request (.nclude aD requested code devlabons, e 9 reductJOn!n raqulred number
of pad"n 9 spa ees specIfic use, ele I
1nf1ll redevelopment proJect as descr1bed 1n Exhib1t "e" attached hereto and
1ncorporated herein.
Page 2 of 9 - FleXIble Development ApplicatIon - ComprehenSIVe lnfill Redevelopment PrOJect- City of Clearwater
DOES THIS PPAJCAllON INVOLVE THE l'RANSFER OF DEVELOPMENT RIGHTS (TDR~ A PREVlOOSL Y APPROVED PLANNED UNIT DEVELOPMENT,
OR A PREVIOUSlY APPROVED (CERTIFIED) SITE PLAN? YES ~ NO _ (If yes, attach a copy of the apphcable documents)
C PROOF OF OWNERSHIP (Section 4--202.A)
I:l SUBMIT A COPY Of THE TmE INSURANCE PQUCY, DEED TO THE PROPERTY OR SIGN IIFRDAV/T ATTESllNG OWNERSHIP (see
page 6)
0, WRITTEN SUBMITTAL REQUIREMENTS (Section 3-913 A)
I:l ProvIde wmplete responses to the SIX (6) GENERAL APPLICABILITY CRITERIA - Explain how each cntena IS achieved, In detal!
The proposed development of the land Will be In harmony WIth the scale, bulk, coverage, denSity and character of adjacent propertIes In
which Ills located
See ExhJlnt "C" attached hereto and J..ncorporated herein for responses to
General ApplJ..cabJ..lJ..ty CrJ..terJ..a 1 through 6.
2 The proposed development will not hinder or dIScourage the appropnate development and use of adjacent land and buildings or significantly
Impair the value thereof
3 The proposed development WIll not adversely affect the health or safety Of persons reSiding or working In the neighborhood of the proposed
use
4 The proposed development IS deSigned to minimize traffic coogesbon
5 The proposed development IS consIStent wIth the community character of the Immediate VICInity of the parcel proposed for development
6 The deSign of the proposed development minimizes adverse effects, Including Visual, acoustlc and olfactory and hours of operallon Impacts,
on adjacent properties
I:l PrOVide complete responses to the ten (10) COIVlPREHENSIVE INFIll REDEVELOPMENT PROJECT CRITERIA (as applicable) _ Explain
how each cnlena IS achieved In detail
The development or redevelopment of the parcet proposed for development IS othelWlse Impractical WIthout devlabons from the use,
intenSity and development standards
Page 3 of 9- FleXIble Development Application. ComprehenSIVe Jnfill Redevelopment ProJect- City of Clearwater
2 The development of the parcel proposed for development as a comprehenSive Infill redevelopment prOject or residential In fill project will not
reduce the fair market value of abutting properties (Include the eXIsting value of the Site and the proposed value of the site With the
Improvements )
See Exhlblt "e" attached hereto and lncarporated hereln for responses to
ComprehenSlve Inflll Redevelopment ProJect Crlterla 1 through 10.
3 The uses WIthin the comprehenSive Infil' redevelopment project are otherwIse perTmtted In the CIty of Clearwater
4 The uses or miX of use WIthin the comprehenSive InfilJ redevelopment project are compatible With adjacent land uses
5 SUitable SItes for development or redevelopment of the uses or mIX of uses WIthin the comprehensive Infil' redevelopment project are not
otherwtse avadable In the City of Clearwater
6 The development of the parcel proposed for development as a comprehenSive Infill redeveloplOOnt project Will upgrade the Immediate VICInity
of the parcel proposed for development
7 The deSign of the proposed comprehensive Infill redevelopment project creates a form and function that enhances the commumty character
of the Immediate VICinity of the parcel proposed for development and the City of Clearwater as a whole
8 FleXibility In regard to lot Width, reqUired setbacks, height and off-street parking are Justified by the benefits to community character and the
Immediate VICInity of the parcel proposed for development and the City of Clearwater as a whole
g Mequate off-streel parlong In the ImmedIate vlomty accordmg to the shared parking formula In DlVlSlon 14 of ArtIcle 3 WIll be available to
aVOId on-street parking In !he Immediate VICInity of parcel proposed for development
eel !VISI
Use separate sheets as necessary
Page 4 of 9 - FleXible Development ApplIcatIOn ComprehenSive Infill Redevelopment ProJect- City of Clearwater
E SUPPLEMENTAL SUBMITTAL REQUIREMENTS' (Code Section 4-202 A)
Q SIGNED AND SEAlED SURVEY (lndudlng legal descnptlon of property) - One orIginal and 14 caples,
Q TREE SURVEY (including eXisting trees on SIte and Wltllln 25' of the adjacent site, by specIes, sIze (OBH 4" or greater), and locatIOn,
Including dnp lines and indicating trees to be removed) - please rJeslgn around the eXlstmg frees,
Q LOCATION MPP OF lliE PROPERTY,
Q PARKING DEMAND STUDY In conjunction With a request to m<lk.e deViations to the park.lng standards (I e Reduce number of spaces)
Pnor to the submittal of thiS application, the methodology of such study shall be approved by the Community Development Coordmator
and Shall be In accordance With accepted traffic engmeenng pnnClples The findings of the study Will be used In determllllng whether
or not deViatIOns to the pali<.lng standards are approved
o GRADING PlAN, as applicable,
o PRELIMINARY PLAT, as reqUired (Note BUlldlllg permits wdl not be ISSUed until eVlden<;e of recordlllg a final plat IS provided),
o COPY OF RECORDED RAT, as apphcable,
F. SITE PLAN SUBMITTAL REQUIREMENTS' (Section 4-202 A)
Q SITE PlAN WIth the follOWIng mformatlon (not to exceed 24" x 36")
All dimenSions,
North arrow,
Engmeenng bar scale (minimum scale one lllch equals 50 feet), and date prepared,
localron map,
Index sheet referencmg IndIVidual sheets Included In package,
Footpnnt and sIZe of all EXISTING bulldmgs and structures,
Footpnnt and sIZe of all PROPOSED bulldmgs and structures,
Indude floor plates on multi-story buddmgs,
All re qUlred setba ck.s,
All eXlstmg and proposed pomls of access,
All reqUired Sight lnangles,
Identification of environmentally ulllque areas, such as watercourses, wetlands, tree masses, and speamen
trees, Including descnptlon and location of understory, ground cover vegetation and wlldhfe habitats, etc,
Location of all publiC and pnvate easements,
Location of all street nghts-of-way Within and adlacent to the Site,
Location of eXisting public and pnvate ullllbes, including lire hydrants, stonn and sallltary sewer hnes, manholes and 11ft stations, gas
and water lines, (" Nole Per SectJon 3-911, all u~lIt1es shall be located/relocated underground)
All parkmg spaces, dnveways, loading areas and vetllcular use areas, Indudlng handicapped spaces,
Deplcbon by shadlllg or crosshatching of all reqUIred pali<.lng 101 Intenor landscaped areas,
Location of all solid waste cootalllers, recycllllg or trash handling areas and outside mechanical equipment and all reqUIred sCfeenlllg {per
SectJon 3-201(0)(1) and Index #701),
Location of all landscape material,
location of all junsdlcbonal lines adjacent to wetlands,
location of all onslle and offsfte slormwaler management faCIlities,
Location of all outdoor lighting fixtures, and
location of all eXlsllng and proposed Sidewalks
a SITE DATA TABLE for eXisting, reqUIred, and proposed development, In wnttenltabular form
land area In square feet and acres,
Number of EXISTING dwelHng units,
Number of PROPOSED dwellmg units,
Gross f100f area devoted to each use,
Parklllg spaces total number, presented In tabular form WIth the number of reqUired spaces,
Total paved area, Indudlng all paved pali<.lllg spaces and dnveways, expressed In square feet and percentage of the paved vehIcular
area,
SIZe and speCIes of all landscape malenal,
OffiCIal records book and page numbers of all eXlsbng ullllty easemenl,
BUIlding and structure heights,
Impermeable surface ratio II S R ), and
Floor area ratio (F AR 1 for all nonreSidential uses
Q FOR DEVELOPMENTS OVER ONE />LRE, proVide the followlllg addltlenallnfonnatlon on site plan
One-foot contours or spot elevations on Site,
Offslte elevations If reqUired to evaluate the proposed stormwater management for !he parcel,
Page 5 of 9 - fleXible Development Application - ComprehenSive InfiU Redevelopment ProJect- City of Clearwater
All open space areas,
locabon of all earth or water retalnmg walls and earth berms,
lot lines and budding lines (dImensioned),
Streets and drIVes (dimenSiOned),
Bl.llldmg and Structural selbacks (dimensIoned),
Structural overhangs,
Tree Inventory, prepared by a "certified amorlst'", of all trees S" DBH or greater, refiectJng SIze, canopy (dnp hnes) and condition of such
trees
Page 6 of "9 - Flexible Development Application. Comprehensive Infill Redevelopment ProJect- City of Clearwater
G LANDSCAPING PLAN SUBMITTAL REQUIREMENTS. (Section 4-1102 A)
CJ LANDSCAPE PlAN
All eXisting and proposed structures,
Names of abutting streets.
Drainage and retention areas Including swales, side slopes and bottom elevations,
Delineation and dimensIOnS of all reqUired penmeter landscape buffers,
Sight VISibility 1Oangles,
Delineation and dimenSions of all parkmg areas including landscaping Islands and curbmg,
Proposed and required parkmg spaces.
Existing trees on-site and Immediately adjaoent to the Site, by speCies, size and locations, Including dnplme (as mdlcated on
reqUired tree survey),
Plant schedule With a key (symbol or label) 10dlcatlng the SIze, descnptlon, specifications and quanlitles of all eXisting and
proposed landscape materials, mcludlng botanical and common names,
location, SIze, and quantities of all eXlstJng and proposed landscape matenals mdlcated by a key relating to the plant schedule
TYPical planting details for trees. palms, shrubs and ground cover plants Includmg mstructlons, SOIl mixes, backfilling, mulctllng
and protective measures,
Intenor landscapmg areas hatched and/or shaded and labeled and mtenor landscape coverage, expressmg m both square feet
and percentage covered,
Corldrtlons of a prevIous development approval (e g conditions lITlposed by the Communrty Development Board),
Imgatron notes
CJ REDUCED LANDSCAPE PlAN to scale (8 Y, X 11 j, 10 color
o CCMPRB-lENS1VE LANDSCAPE PROGRAM appbcahon, as applicable
H. STORMWATER PLAN SUBMITTAL REQUIREMENTS (City of Clearwater DeSign CrIteria Manual and
4-202 A 21)
a STORMWATER PlAN mcludlng the follOWIng reqUirements
Existing topography extending 50 feet beyond all property lines,
Proposed grading including finished floor elevations of an structures,
All adjacent streets and mUniCipal storm systems.
Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control slructure,
Stormwaler calculations for attenuation and water quality,
Signature of Flooda registered ProfeSSIOnal Engineer on an plans and calculations
a ca:'Y OF PERMIT INQUIRY L..ETlER OR SOUTHVv'EST flORIDA WATER I'v\4NAGEl'vlENT DISTRICT (SWFVvMD) PERMIT SlBM1TTAl
(SWFWMD approval IS required pnor to Issuance of City Building Pennlt), if applicable
a CQP"r'OF STAlE AND COUNlY STORMWATER SYSTEM TIE-IN PERMIT APPlICATIONS, rfapphcabfe
BUilDING ELEVATION PLAN SUBMITTAL REQUIREMENTS. (Section 4-202 A.23)
ReqUired In the event the application Includes a development where desIgn standards are In Issue (e g lounst and Downtown Dlstncts) or as
part of a ComprehenSive Infill Redevelopment Project or a Resldentlallnfill Project
o BUILDING ElEVATION DRAWINGS - aU Sides of all buddmgs Includmg height dlmens!Ol1s, colors and matenals
Q REDUCED BUlLDING ElEVATIONS - four Sides of bUilding With colors and malenals 10 scale (8 Yo. X 11) (black and whlte and color rendenng, If
possible) as reqUired
J SIGNAGE (DIVision 19 SIGNS I Sectton 3-1806)o
o All EXISTING freestandmg and attached SIgns, ProVide pholographs and dimenSions (area, height, etc ). mdlcate whether they Will be removed
or to remain
Page Vof 9- FleXible Development Apphcatlon ComprehenSIVe InfiU Redevelopment PrOJPct- City of Clearwater
a All PROPOSED freestanding and attacJ1ed signs, ProVIde delaJls including location, size, height, colors, matenals and drawing, freestanding signs
shall Include the street address (numerals)
a ComprehenSIve Sign Program appllcabon, as applicable (separale application and fee reqUired)
a Reduced slgnage proposal (8 Yo X 11) '(color), If submitting ComprehenSive Sign Program application
Page 8 of 9~ FleXible Development Appllcatlon - ComprehenSive Infill Redevelopment ProJect- CIty of Clearwater
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K TRAFFIC IMPACT STUDY (SectIon 4-202 A.13 and 4-801.C)
o Indude as reqUired If proposed development WIll degrade the acceptable level of service for any roadway as adopted In the ComprehensIVe
Plan Tnp generabon shall be based on the most recent edlbon of the Insbtute of Transportabon Engmeers Tnp General Manual Refer to
Seebon 4-801 C of the Commun Develo ment Code for exce bons to thiS Ulrement
l SIGNATURE
I, the undersIgned. acknow1edge that all representabons made In this
appllcabon are true and accurate to the best of my knowledge and
authorize City representatives to VISIt and photograph the property
de;scnbed In tius appllcabon
STATE OF FLORIDA. COUNTY OF PINELLAS
Sworn to and subscnbed before 100 thiS 28 N-day of
September AD 2004 to mean-d/or by
E. D. Armst:rong III , who IS personally known }:J3e
~~ Tn mp.. K!K
m~~
~t.~
My commlSSIOIl expires
A?''''~ Jayne E Sears
:.:/'.. Ji.: :;. MY COMMISSION # DD041066 EXPIRES
~ ~ ~~f Septem ber 2, 2005
'~tflf.,\lff.l BONDED THRU nay fAlN INSURANC~ INC
Page 9 of9 - FleXIble Development ApplicatIOn - ComprehenSive Infill Redevelopment ProJect- City of Clearwater
09-2~~04 05:25pm
F rom-JOHNSON ,pr '~
T274419liIT
T-14a P 02/05 F-3&a
AFFIDAVIT TO AUTHORIZE AGENT:
HUNTER aDTEL COMPANY, an Iowa corporat ion,. formerly known as Florida Clea1:"Water Beach
p- .
Hotel Co.
(Names of all property OW'nfilffl on deed - please PRINT fun na! nos)
1. That (Illmtwe are) the owner{sJ and record We holder(s) o)(!.he follOwing deser~ld property (..d"dress or generallocatJon):
500 Manc1aloilY Avenue and adjoining Pa,r<lsls more parti cul.arly described. on Exhibit "A"
attachea hereto ana incozporated here~n.
2 Tha~ ltlls property constitutes the properly rur Yv'hrch a requesl ror a: (deSalbe req.;oest)
Flexible de~elopmen~ approvql for co~)rehensiVe infill redevelopment projec~l development
agreement application, co~rehensive 13~gn progr~ a!~lication, comprehensive landscape plan
applic~tion and requests for vacation of right-of-way
3 ThaHhe undersigned (hGs/haw) appointed and (does/do) appoint: E. D. A1:mstrong III. Esquire, of Johnson, Pope.
Bokor, Ruppel & Burns, LLP
8.5 (hlsMeir) agent(s} 10 uacute il,(!Y petitions or other documents ne<:essary tQ <lffec:t sUCh petItion.
4.
--'
5 . That site VIsits to the property are necessal)' by City representatives In order
(eprese'l{aliVes 10 v~ and photogrnph IIle property descnbed In 1111s &pplIClSbon;
6. That (It\ve), the undersIgned aUthority, hereby certify that the roregoing is
Property Owner
Property Owne(
STATE: OF IOWA
COmiTY OP POU:
~
Before me t~ underslgnoo. an Officer duty commlss10Md ~ the laws of the State of Florida, 0'1 thts e:l3 day w
September . ~~ personalty appeared J~unter, as VJ.-ce. Pr8s-l.dent II who having been first duly swam
Deposes and $ays !.hal he/she fUlly understands tile contents of the affidllVlt that tJ.els~ slgnecf. J ()
.of Hunte:- Hotel Company, an Iowa. ~~. 'I~~
co:tporCl.t1.on, on beha iJ 0 &.. N'~ 'P.b ~ -~ _ )
t.... . Lt: o...ry U 10
My CommiSSIon F.xpl(,.ls f f CommiSSion Number 225533
ow. _ _01 '5510n Expires
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C9-Z2-04 05 21pm
From-JOHNSON,PO'- ~A
727441 HlilT
T-147 P 02/04 F-aS7
AFFIDAVIT TO AUTHORIZE AGENT:
__MANDALAY INVEST~S. LLC, a Flo~irl~ l'~lrprl 11~hlLLty comp~ny
(Names of all property owners on deed - please PRINT full names)
That (1 amt....e are) the owner(s) and (ecoId IIUe holder(5) o( the followlI'\g descnb~d property (address or generallocalJon)
Parcel Ioea ted. at 470 MandaIay A\I'em...e, as more part1.cularly descr ibad on Exhl.bi t n A"
attached hereto and l.nCorporated heze1n.
2 That thIS property consllwtes lhe propel'll for whIch 8 request for a (desctlbe reQuest)
Flex~le development approval for cc,mprehensive l.nf111 redevelopment proJect: development
agreement appl1.cation, comprehensive sign program appl1.cat1.on, comprehens1ve landscape
plan appl1.Cabon and requests for v",cat.ion of rJ.ght..of.....way.
3 That lhe undersigned (h;'>ihave) appointed and (does/do I appomt E . D. Arms tronq I I I , ESQU1 re. 0 f Johnson,
Pope, Bokor, Ruppel & Burns, LLP
as (hlsJthelf) agent(s) to eJ<eeUte any pebbons or olh~r dueuments necessary to .affect such petitIOn.
<I That thiS affidaVit nas been executed to Induce the City 01 Clearwaler, Florida 10 ':onSlI.ler and ace on the abo....e descnbed property,
5 That Site VISits to the propdny are necessary by City rcprbsentatNes 1M order to p,-occss thIs appllcallon and ll'le owner author\te5 City
repreSel'lUllves to V'S!! and photograph the prop<:rty descnbed In this-;pplleauon.
6 That (l!we) the undersIgned au!honty, hereby certify that the foregOing Is true and C(lrmct
MANDALAY INVESTMENTS,
l~m~t ~ab1. 't
Prope
B'I:
Property
a Flor1da
P~perty Owner
STATE OF FLORIDA
COUNTY OF PINaLAS
Before me the undersigned an oflioor duly comrn,ssloned by the laws of the Slate of Flonda, on 1/'115 .:2 J.j 'f-h- day of
Se p'tembe r , 2004 personally appeared J. Ml. ehael Che e z.em, as Managing" who hevlng been first duly sworn
Oep05es and says that he/she fully understands the coments (,f lhe affidavl1 that !\eJshe s19ned
*Member of Mandalay Investments, LLC, a
Flor~da lLmJ.ted l~ab1l~ty company,
My CommiSSIOn El<pl(eS
~
~.~
Nolary PubliC
.' 'l>t~"~.. Jllynll [. S"tJl1
{.:.f< ~',~ MYCOMMI$SION# 00041066 miRES
r:;.~<>":~ September 2, 2005
"'1.p.J,j(.<t>'. BONDED THRU T~OY F.lJN INSURANClINC-
SEP-22-2004 17.20
7274418617
97%
P.02
AFFIDAVIT TO AUTHORIZE AGENT: (BY APPLICANT)
CBR DEVELOPMENT I, LLC, a FlorLda limLted liabLlLty company
1The-underSLgned is the applLcan t regar<l,1.n~e follOWIng desCflbed property (address or general location)
Parcels OB/2~/15/l6398/000/0530, 08/29/15/16398/000/0490, 08/29/15/16398/000/0090,
U~/~~/L~/LOj~~/UUU/UUbU, u~/~Y/~~/lbj~~/ooo/UU~o, U~/~~/L~/~bj~U/uuu/uu1u, ~___--L_~~_~_~)
OS/29/15/57924/000/0010 and 08/29/15/16398/000/0430
2 That this property constitutes the property for whIch a request for a (descnbe request)
Flexible development a proval for com rehensive ~nf~ll redevelopment proJect1 development
agreement applicatLon, comprehens~ve sign program applLcation, comprehensive landscape p an
applicatLon and requests for vacation of r1ght~of-way.
3 That the undersigned (haslhave) appoInted and (doesfdo) appoInt
pope, Bokor, Ruppel & Burns, LLP
E, D. Armstrong III, EsquLre, of Johnson,
as (hlslthelr) agent(s) to execute any petrtlons or other documents necessal)' to affect such petrtlon,
4 That ttus affidavit has been executed 10 mduce the CIty of ClealW3ter, Florida to consider and act on the above descnbed property,
applJ.cant
5 That site vISits to the property are necessal)' by Crty representatIVes In order to process thIs application and the / authorizes CIty
representattves to VISit and photograph the property desCllbed m thiS appllcallon,
6 That (ltwe), Ihe undersigned authorrty. hereby certify Ihat the foregomg Is true and correct.
CBR DEVELOPMENT I, LLC, a Flor~da lLmLted
liability company
ny: -CBR Communities I, Ltd., a,Florida lDnLted
partnership, Manaqinq_~er
By: JMC Co nlties of Clearwater V, Inc.,
a Flo l cor r tlon, General Partne
By;
eezem, CEO
STATE OF FLORIDA
COUNTY OF P1NalAS
Before me the Ilnderslclll~d, an officer dufy commISsioned bj' JhB laws.. of tbe Stale of Flonda, on Ihls d'6"--- day of
September , 2OD4 personally appeared J. MLchae~ Cheezem, as CEO of if who having been first dilly sworn
Deposes and says that he/she ful at hefShe~SI ad.. ~ _
/;li\"~ GAlL M COOPER (J Y'-
f'iJ Ji:*1 MY COMMISSION 'DO 107231 ~
~.;,. i EXPIRES May 14, 2006 ~Notal)' ~bllC -
My Comm Iss!on Expires '~'I1r., , . BondGd Thtu Nmary PuD/Ic UrOllWlllors
*JMC CommunltLes of Clearwater V, Inc., a Florida corporatlon, General Partner of CBR
CommunLties I, Ltd., a Florida limited partnership, Managing Member of CBR DEVELOPMENT I, LLC,
a Florida limited liability company
20'd
%86
1..19B1t>t>l..cl..
61 11 V00c-Bc-d3S
AFFIDAVIT TO AUTHO~IZl: AGENT: (BY A?PLlCANT)
caR DEVELOPMENT II, LLC, a P10nda b.mited liabHity company
1The unr3.ers.1gned J.S the.a.pplicant regardingthe follOWIng deS(ribedj properly {address 0( genllrallOClltionl
Parcels 08/29/15/16398/000/0530, 00/29/15/16398/000/0490, 08/29/15/16398/000/0090,
V~/t~/~~/!bj~~/UUU/UUbU, U~/L~/!~/Lb4~~/UUO/UU~u, u~/t~/~~/Lb~~U/UUV/UULVI ______~~_~~,
OS/29/15/57924/000/0010 and OB/29/lS/16398/000/0d30
2 ilIat this property constltute9 the proparty for wtuch II request ro~ j,' (describe 'llquest)
Flex1ble development approval for c'omprehensive ,E!fill redevelopment reject; development
agreement application; comprehens~vp S.1gn program a~pl.1cation, ~ornprehenS.1Ve'lan scape pan-
applicatl.on and requests for vacation of right-af-way.
3 Thellhe undersigned (hasJhllVe) appointed al'ld (dOe:l/dO) appoint
Pope, Bokor, R!.Wpe1 & Burns, LLP
E. D. ArtDstronq III, EsqUJ.re, of Johnson,
Iil.$ (hlsllkelrJ l1,9'em(s) to eJ:8CUtl! any peUllOns Of othI:r documents necessary ta arroct sucf1 pat.tron;
4. Th at Ihls afflcfavlt has been eXl!cuted to In(Il,lce Ih e CI';y of Clearwater, FIotlda to eons~er IInd II ct on !tUt & txlvo ,d escnbed property;
, app11cant
5 That Site vis-lis to the prop~ am nEl0QSS8ry by City ~prcsal'll9WeS In older to prate:>> this appllcabon and !he / authorizes CIty
repl'tlsentatlves 10 vi:!ut and photogrnph the property de$efllx:d In II1rs appOcatlon, ^
6.
That (lJwej, !he undersigned authorIty, hereby certify t~at the forego'rlG Is true al'\d c:o~
CBR DlmYJPMENT II, LLC. a :Flori'da" l1mi ted
~lity company
ay: 'CBR Commun.1ties II,. Ltd. i a .Flar1da hnute
__partnership, Manaq l.ng __Member
Ily: JMC Commuru. ties of Clearwater VI. Inc.,
a rlo 1. a co ation. General Partne
By:
STATE OF FLORIDA
COUNlV OF P1NB.LAS
GG~1!lr\l~ the Llnderslqnr.;:d 30 offic.er duly eommlsslooed by' !hE: laws oflbc State or F1ondl( ~1hls -02 B'Po-, day of
Sept=lla.,Ier , 20011i personally appeared J. liti.cnael Cheezem. as CEO of j ~ ~ wh_o having be811 first duly swam
Deposes and says thai he/she fully ufl(1en;tanc!s the eontenls of lhe affldllV1l that helsl\e~Slgn , ' ,_
,_J~'(~
Nota ry PutI/IcJ
My Comm~lon ExpIres
*JNC Co:mmwu.t1BS of Clea:rwater~ Inc. , a Florida. corporation, General Partner of CBR
Communities II, Ltd.. a Flor1da HInl.ted partnerslup, Manag1ug Met!lber of CBR D:e:VELOPMEN'I' n, LLC,
a ~lorida l~ted liability Cdmpany
~ ~ ~r I (:: ... \
) ~~~-t'l1 r <.. ~,...
'A
C)'" GAll'"
i ~ MY COMMISSION' 00 107231
. EXPIRES May 14,2006
'; &nded Thru Notal)' NIl:: lIrlcIeIwrt!Brs
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EXHIBIT uA"
Map
# Parcel No Address Legal Descnptlon
(Owner)
1 08/29/15/16398/000/0530 495 Beach Lots 53, 54, 55 and 56,
(Hunter Hotel Company) Dnve Clearwater Beach Park,
accordIng to the plat thereof
recorded In Plat Book 10, Page
42, Public Records of PmeUas
County, Florida.
2 08/29/15/16398/000/0490 Vacant Lots 49,50,51 and 52,
(Hunter Hotel Company) Clearwater Beach Park,
according to the plat thereof
recorded In Plat Book 10, Page
42, Public Records of Pinellas
County, Florida
3 08/29/1516398/000/0430 470 Mandalay Lots 43 through 48, Lots 65
(Mandalay Investments, Avenue through 71 and the South 14 75
LLC) feet of Lot 64, Clearwater
Beach Park, according to the
plat thereof recorded In Plat
Book 10, Page 42, Public
Records of PJnellas County,
Flonda.
4 08/29/1 5/16398/00010090 470 Beach Lots 9,10,11,12 and 13,
(Hunter Hotel Company) Dnve Clearwater Beach Park,
according to the plat thereof
recorded In Plat Book 10, Page
42, Public Records of Plnellas
County, Flonda
5 08/29/15/16398/000/0060 Vacant Lots 6,7 and 8, Clearwater
(Hunter Hotel Company) Beach Park Subdivision, as
recorded In Plat Book 10, Page
42, Public Records of Plnellas
County, Florida
6 08/29/15/16398/000/001 0 490 Beach Lots 1 through 5, inclusive,
(Hunter Hotel Company) Dnve Clearwater Beach Park
Subdivision, according to the
plat thereof recorded In Plat
Book 10, Page 42, Public
Records of Prnellas County,
Flonda
7 08/29/1 5/16380/000/001 0 500 Mandalay See Exhibit "A-1" attached
(Hunter Hotel Company) Avenue
8, OS/29/15/57924/000/0010 500 Mandalay See Exhibit "A-1" attached
(Hunter Hotel Company) Avenue
#328195 v3
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EXHIBIT "A-i"
PARCEL I
THAT P ART OF TRACT A OF A RE-SUB, OF BLOCK 10 AND 11 AND LOTS 2 TO IS, INCLUSIVE,
BLOCK 9, OF THE REVISED MAP OF CLEARWATER BEACH, AS RECORDED IN PLAT BOOK 19,
PAGE 96 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS BEGIN AT THE SOUTHEAST CORNER OF THE SAID TRACT A AS SHOWN AS 3 68
ACRES, THE P.O.S BEING A POINT AT THE INTERSECTION OF THE NORTH LINE OF
BA YMONT STREET, AS SAID BA YMONT STREET IS SHOWN ON SAID RE-SUB OF BLOCKS 10
AND II AND LOTS 2 TO IS, INCLUSIVE, BLOCK 9 OF THE REVISED MAP OF CLEARWATER
BEACH, WITH THE WESTERLY LINE OF MANDALA Y ROAD, AND RUN THENCE N 20" 45' 00" E,
182 23 FEET, THENCE N 0 I 044' 00" E, 110.51 FEET TO THE CENTERLINE OF AMBLER STREET,
AS SAID AMBLER STREET IS SHOWN AND DEDICATED AS A PUBLIC STREET IN THE
REVISED MAP OF CLEARWATER BEACH, AS RECORDED IN PLAT BOOK II, PAGE 5, OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE WEST ALONG THE
CENTERLINE OF SAID AMBLER STREET 420.00 FEET MOL TO THE WATER OF THE GULF OF
MEXICO, THENCE IN A SOUTHERLY DIRECTION ON A MEANDERING LINE ALONG THE
WATERS OF THE GULF OF MEXICO, 32100 FEET MOL TO THE CENTERLINE OF SAID
BA YMONT STREET, THENCE EAST 385 00 FEET MOL ALONG SAID CENTERLINE OF
BA YMONT STREET TO A POINT 40.00 FEET SOUTH OF THE P O.B THENCE NORTH 4000 FEET
TO THE P 0 B
PARCEL 2
THE NORTH 20.00 FEET OF AMBLER STREET LYING WEST OF THE EAST LINE OF LOT 9,
PROJECTED SOUTH AS SHOWN ON THE PLAT OF MILLER'S REPLA T, AS RECORDED IN PLAT
BOOK 26, PAGE 17 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
PARCEL 3.
LOT 1 AND 10 AND THE SOUTH 80 00 FEET OF LOT 9 OF MILLER'S REPLA T AS RECORDED IN
PLAT BOOK 26, PAGE 17, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
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EXHIBIT "B"
lEGAL DESCRIPTION
, >
8t.OCl< 1 LOT 1
lECAl OESoRI?t\OH;:
PNlaI. 1
PMT Of" fflAcr A OF ~ Rt~.sUBD.YISrOW (If" kOCl( 10 iIiC I. 1iN) 1..0r; t. 'to l$
lieU""''!!: Bl..OCIC. (If" 'HE: """"''''' ..... Of' CLEARW.m. ~ .s ~ '" ......,
S:OoM: 1'1 ,.~ K Of" 1l€ ~.c RE"CORC:$ Of' PlNEl.l..As COVNTY Fl.OR~tJ.j, OE.S(:It~BE;o
ASF<lU.Oo's
B(G:IH "1 THE: ~T COFI:f4ER OF TtE: SAIO l'R'ACr " AS ~ l$ ~ ... ~ TO 'fHE
""lIfT OF "".,...,"" eE'", . ""'1fT AT THE: INTEllSl';CTI"" Of' no;; ""'lTll ~''''' Of'
....l'M:II;T Ontttr AS 0."0 a.._ ITOEfl '" __ ... 0.'0 RE-'_'VIS''''' Of' 8U>aC
10 I.M) II AM) ,"on I "to . &- 1~.:ll:$CV'E: 8I...Oaf 't OF ~ UYfsm .JIWI OF"
Cl"-AT1<Il DuQj .,11< rue: ,,"TOlLY UI<E OF" --.., """" ....,..... noEs<
_45'00"[ lilt n far -- 10),.... <XI ( 110 S, I'm To TIle CEl<TDlL,,,,, OF
-.n OTREI;r ....'O.lMlt(R Sma:T .. _ ...., OEI>'CAmJ .. . P'UaL'c 'TREn 'N
TIE /€VIla) IMP OF ~ Tat!tE.Aat AS Rt:COFtOEO .,. Pt..A r Boot( .. 1',I.C(! OF tlt::
""",-, e ..."""". OF PI ""'-US COIMty fl."",,,.. THENC( ..,S, ....",.. "'" CEHlH".'IE OF
SA fa ~ 1i'ntttT 420 00 f'ttT t ~ 0fII lE":$s fO lH:: ... t'Eft OF" TN( cu.,- (IF"
M::rf'CO Tttt:NcE ,iN " lOIJl'loE:A1..y glflECtlON ~ A ~.NG LIfE AlOHti 1ltt rATEIlS OF
flE ....." Of' lEX,eo >le, "" fttT "'""'... LEU TO """ <:orrelL,,,,, ... ....'D S4n''''tr
.TllEFr nENa; Usr .... "" F"U -.: <Ill LEss "'-0N0....'. CD<tell."lE Of' .4..........
iIlllEn TlI 4 /'O"fT 40 <XI FEE' """"" (If" M """" Of' BEg If'N' "" I'ltiQ: _TN 40 00
FErr TO ~ PoiNt OF' BrnINNltfG
PA/la1. 2:
111': -... ... <XI fU;T Of' VACO,mI .IIoIlUJr Ul'lttT UII'" W(n Of' rue: EA>r LII'" 01' lIlT
' P/lO,IE<;tto soon.. · - OIl """ ......, Of' W'u.Ell . IlEPUT AS ""_ 1M ......,
"""" to PAgE" Of' """ PU9L.e RECllRll; Of' P'NEU..lS ~ Fl.0Il'00
PA/la1. l<o
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.. f'LAT 80Dk lG "A.&E.7 OF THE .P\8t.1~ RE:~ CIiF PltEl...l.A.s (OUffy f1.ORtcu.
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... ",.C411 .1 11iIIl!lotI h lilt.. '.I'U.. .., 'rut" iliA 1tE:--.!\8 OF' -....oac:s .0-' I Me LOTs
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r-..[!" "'-I tl.l:l
l.on 43 ~.. LOTs 15 ~ 71 N;;IO ttt:: sot.r'l'l1 14 1S FEO' OF' t..Or ""
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EXHIBIT "C"
TO FLEXIBLE DEVELOPMENT APPLICATION FOR
COMPREHENSIVE INFILL REDEVELOPMENT PROJECT
CBR DEVELOPMENT I, LLC
CBR DEVELOPMENT II, LLC
The applicant proposes to redevelop the eXisting Clearwater Beach Hotel and the
majority of the block located south of the hotel as a contemporary resort residential and
hotel development as IS contemplated for the "Destination Resort District" In the Beach
by DesIgn gUidelines The proposed development will Include (I) a 9-story qualIty resort
hotel With up to 260 rooms, beach club, meeting rooms and related faCilities, (II) 15-story
and 4-story condomIniums containing not more than 120 Units, and (III) up to 11,000
square feet of retail development Simultaneously WIth the filing of thiS application, the
applicant has submitted (I) an application for development agreement which proposes a
development agreement providing for the allocation of 141 resort hotel units from the
Beach by DesIgn density pool to the Site, (1I) a comprehensive sign program application
and (III) a comprehensive landscape program applIcation In addition, the applicant has
filed a petition for vacation of a portion of Beach Dnve (f/k1a North Gulf view) In order to
faCilitate the proposed development
The applicant seeks fleXible development approval of a Comprehensive Inflll
Redevelopment Project, In accordance With the plans submitted WIth thiS application,
Including rehef as follows
a Allocation of 141 resort hotel units from the Beach by DeSIgn denSity pool
to the project Site,
b Portions of 2 eXisting hotel bUildings to remain on the site which
encroach Into the Coastal Construction Control Line ("Coastal
Construction Control Line") setback by up to 61 68 feet,
c A front (east) bUilding setback along Mandalay Avenue of 8' for the
proposed hotel and 0' for the proposed retaIl/condomIniUm bUIlding
where 0-15' IS required by Code,
d A side (north) bUilding setback of l' for the proposed hotel and 4' for the
proposed retail/condominiUm bUilding, where 0-10' IS reqUired by Code,
e A side (south) bUilding setback of 2' (from "bUIlding frne") for the
proposed hotel and 0' (from San Marco) for the proposed condominium
where 0-10' IS reqUIred by Code,
f A rear (west) bUIlding setback from the CCCL of 0' for the proposed hotel
where 0-20' IS reqUIred by Code;
9 A rear (west) bUIlding setback from the CCCL of 0' for the proposed
condominium where 10-20' IS required by Code,
h A front (east) setback along Mandalay Avenue far structures other than
bUildings of 0', where 10-15' IS requIred by Code,
A side (north) setback for structures other than bUildings of l' for the
proposed hotel where 0-10' IS reqUired by Code,
J A side (south) setback for structures other than bUildings of 0' for the
proposed hotel where 0-10' IS required by Code,
k A rear (west) setback for structures other than bUildings from the CCCL
of 0' for the proposed hotel where 0-20' IS required by Code,
An Increase of the maximum bUilding heIght to allow proposed
condominium of 150' to flat roof deck,
m An mcrease of the maximum bUIlding heIght to allow proposed hotel with
height of 95' to flat roof deck,
n Decorative mansard architectural embellishment ranging In height from
12 0' to 18' to be attached to the flat roof deck of the proposed
condominium bUilding,
o Decorative mansard architectural embellIshment rangmg In height from
12' to 20' to be attached to the flat roof deck of the proposed hotel
bUilding,
p Flexibility to minimum standards for sight VISibility tnangles,
q Amenity Improvements, including pool deck and restrooms, located
seaward of the CCCL, as depicted on the site plan,
r A roof overhang on the proposed hotel located 40 feet seaward of the
CCCL, and
s Reduction of 25 off-street parking spaces, where 456 are requIred by
Cade and 431 are provided
Section D. Written Submittal Requirements
General Applicability Criteria:
1) The proposed development of the land will be in harmony with the scale,
bulk, coverage, density and character of adjacent properties in which it is
located.
2
The project IS consIstent wIth the City'S VISion for redevelopment of thiS locatlon
as descnbed In Beach by Design The scale, bulk, coverage and density are In
keeping with recent newer nearby developments which have Improved the quality
of the bUilt environment along Clearwater Beach. Th'e character of the proposed
development has deliberate overtures to an earlier era that welcomed families on
vacation to the best beach In Flonda It IS anticipated that the proposed
development will set a higher architectural standard with regard to the quality of
the adjacent properties
2) The proposed development will not hinder or discourage the appropriate
development and use of adjacent land and buildings or significantly impair
the value thereof.
The development of a resort, additional residential umts and retail uses on the site
are consistent wIth the eXisting retail use that will remain at the southwest corner
of Baymont and Mandalay (not Included In thIS request) The project can only be
seen as an Improvement and benefit to the surrounding area and Will In no
manner hinder or discourage the development and use of adjacent land or
bUildings
3) The proposed development will not adversely affect the health or safety of
persons residing or working in the neighborhood of the proposed use.
The project has been deSigned to ensure that the project Will not adversely affect
the health or safety of persons residing or working In the neIghborhood of the
proposed use
As to the applIcant's request for flexibility with regard to sight vlslbJlity triangles,
the applicant proposes safety measures (one-way dnves, mirrors and slgnage) to
Insure adequate VISibility for the safety of motonsts and pedestnans
4) The proposed development is designed to minimize traffic congestion.
TraffiC to and from the development utilizes the eXisting roadways surrounding
the site All off-street parking IS located Within the bUIldings and vehIcular
circulatIon Within and through the development affords ease of movement for
people and cars See the Parking Demand Study and TraffIC Study mcluded In
thIS submittal
5) The proposed development is consistent with the community character of
the immediate vicinity of the parcel proposed for development.
The property IS located In the "Destination Resort DlStnct" of Clearwater Beach
Beach by DeSign specifically calls for redevelopment of thiS area In a manner
3
encompassing one or more blocks as a contemporary resort residential and hotel
development
6) The design of the proposed development minimiZeS adverse effects,
including visual, acoustic and olfactory and hours of operation impacts on
adjacent properties.
The design of the proposed redevelopment project wllllrnprove the vIsual appeal
of this stretch of Mandalay Avenue The acoustic, olfactory and hours of
operation for the proposed hotel, residential and retail uses are consistent with (I)
the surrounding uses on the beach and (II) the eXIsting uses on this site which
Include hotel and retail The development will be desIgned to offer a casual and
elegant envIronment ThiS effort to create a "speCial place" and a "resort
envIronment" will benefit the adjacent properties
Through the proposed Development Agreement, the City WIll be assured that the
development Will maintain minImum quality standards as established by the City
Comprehensive Infill Redevelopment Project Criteria:
1. The development or redevelopment of the parcel proposed for
development IS othelWise impractical without deviations from the use,
intensity and development standards.
ThiS area IS desIgnated as appropriate location for a destination resort, as part of
the Destination Resort District set forth In the Beach by DesIgn gUIdelines
Designing the proposed project amid the eXisting phYSical parameters of the
beach on the west, Mandalay Avenue on the east and the eXisting streets,
Ambler, Baymont and San Marco, calls for creativity In desIgn and some
devIations from Code reqUirements, such as setbacks
The request for the addition of a decorative mansard architectural embellishment
to be attached to the flat roof decks Will allow the applicant to hide vanous
mechanical equipment which IS otherwise allowed to exceed the height
requirements
2. The development of the parcel proposed for development as a
comprehensive infill redevelopment project or residential intill project will
not reduce the fair market value of abutting properties. (Include the
existing value of the site and the proposed value of the site with the
improvements.)
The current assessed value of the property, per the Plnellas County tax rolls, IS
approximately $17,400,000 The applicant estrmates that the value of the
property after the construction of the proposed project Will be approximately $150
million
4
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in the City of Clearwater.
Multi-family reSidential, resort hotel and retaIl uses are all allowed uses In the
"Tourist" District In fact, the hotel and retail uses already eXist on these two
blocks
4 The uses or mix of use within the comprehensive infill redevelopment
project are compatible with adjacent land uses.
As previously stated, the proposed redevelopment project IS specifically
suggested for this location In Beach by DesIgn gUidelines
5. Suitable sites for development or redevelopment of the uses or mix of uses
within the comprehensive inflll redevelopment project are not otherwise
available in the City of Clearwater.
This IS the most appropriate location for a destination residential and resort hotel
as IS concluded In the Beach by DesIgn gUidelines
6. The development of the parcel proposed for development as a
comprehensive infill redevelopment project will upgrade the Immediate
vicinity of the parcel proposed for development
The redevelopment of these parcels as one resort and condominium project,
sharing parking and amenities and proViding pedestrian walkways, street
enhancements, parking and Infrastructure Improvements, as assured by the
proposed Development Agreement, will enhance thiS area of the Beach
7. The design of the proposed comprehensive mfill redevelopment project
creates a form and function that enhances the community character of the
parcel proposed for development and the City of Clearwater as a whole.
The proposed project IS a redevelopment of eXisting hotels and retail uses The
proposed development agreement will ensure the construction of certain public
Improvements which will enhance the quality of life, Increase employment and
Improve the aesthetiC and useful enjoyment of Clearwater Beach and the City
8. Flexibility in regard to lot width, reqUired setbacks, height and off-street
parking are justified by the benefits to community character and the
immediate vicinity of the parcel proposed for development and the City of
Clearwater as a whole.
Height
The request for additional height IS consistent With the gUidelines for the
DestinatIon Resort District and the DeSign GUidelines of Beach by DeSIgn
5
The request for the additIon ot a decorative mansard architectural embellishment
to be attached to the tlat roof decks will allow the applicant to hIde various
mechanical equipment which IS otherwIse allowed to exceed the height
reqUIrements )
Parklnq
The applicant IS seeking a reduction ot 25 off-street parking spaces trom what IS
required by Code As demonstrated In the revised Parking Demand Study, dated
November 18, 2004, the number ot proposed off-street parking spaces (431) IS
more than adequate to meet the parking demands of the project DUring periods
ot peak demand, the applicant proposes to SWitch hotel parking to 100 percent
valet parking which will provide space to park 74 additional vehIcles Please
reter to the Parking Demand Study tor a complete diSCUSSion and summary ot
the proposed uses and the parking serving each use
Setbacks
The flexIbility that IS sought with regard to setbacks IS necessary In order to
redevelop the site withIn the eXIsting parcels located between Mandalay and the
beach and bounded by Baymont and San Marco Streets. WIth the exception ot
the setbacks along the northerly boundary ot the hotel, which currently eXist, the
proposed setbacks are related to the beach (CCCL) or rights-at-way and do not
Impact adjOIning landowners WIth regard to the requests tor 0' setbacks tor
structures other than bUildings, these are due to the Improvements being made In
the rlghts-ot-way for which the applicant Will apply to the City tor a right-at-way
license The costs ot these Improvements IS estimated to be $861,000
Please note that the 2' Side (south) bUlldmg setback tor the proposed hotel IS
calculated from a "deSIgnated bUilding line", located 30' north of the northerly
rlght-ot-way at Baymont Street, rather than trom the property line
CCCL
The applicant has proposed certain amenity Improvements seaward ot the
Coastal Construction Control Line, Including the pool deck and restrooms, which
are shown In detail on the Site Plan The applicant acknowledges that the City's
approval of any such Improvements IS contingent upon the applicant obtaining
the appropriate permIts from FDEP
The most Significant request regarding the CCCL pertains to two hotel bUIldings
whIch encroach beyond the CCCL by up to 61 68 teet These are eXlstmq
bUildIngs which are bemg renovated The applicant IS not proposing any new
construction of bUIldIngs, other than the amenities deSCribed, that encroach
beyond the CCCL
6
Slqht VISIbility Tnanqles
As to the applicant's request for fleXibIlity with regard to sIght vIsibIlity tnangles,
the applicant proposes safety measures (one-way dnves, mirrors and slgnage) to
Insure adequate vIsIbility for the safety of motonsts and pedestnans
9. Adequate off-street parking in the immediate vicinity according to the
shared parkmg formula m Division 14 of Article 3 will be available to avoid
on-street parking in the immediate vicinity of parcel proposed for
development.
Please see the diSCUSSion of parking In the foregoing Comprehensive Inflll
Criteria Response No 8 and please refer to the Parking Demand Study, dated
November 18, 2004, Included In thiS submittal
10. The design of all buildings complies with the Tourist District or Downtown
District design guidelines in Division 5 of Article 3 (as applicable).
The proposed project has been deSigned In accordance with Beach by DeSign
deSign gUidelInes
11/19/2004 11 14 AM
40900101407
#328432 v1 - JMCfClwrResorVEx to Camp Infill
7
. .
Planning and Development SelVlces
100 South Myrtle Avenue
Clearwater, FlorIda 33756
Telephone 727.562.4567
Fax. 727.562-4576
CASE #:
DATE RECEIVED.
RECEIVED BY (staff Initials).
ATLAS PAGE#:
ZONING DISTRICT:
LAND USE CLASSIFICATION:
a SUBMIT ORIGINAL SIGNED ANn NOTARl7Fn APPLICATION
a SUBMIT 1 COpy OF THE ORIGINAL APPLICATION Including folded site plan
ZONING & LAND USE CLASSIFICATION OF
ADJACENT PROPERTIES:
NORTH: I
SOUTH ,
WEST I
EAST. I
COMPREHENSIVE LANDSCAPE PROGRAM REQUIREMENTS
(Revbed 9(1'12001)
D. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4--1001)
APPLICANT NAME CBR Development I, LLe, a Florida Imited l~abilJ..ty company
CBR Development .U, LLC, a ,t'ior1oa illnit:.ed liabIlity \';UlUf:'dUy
MMUNGADDRESS 2201 Fourth Street North, Suite 200, St. Petersburg, FL 33704
727-821-2007
727-823-0022
PHONE NUMBER
FAX NUMBER.
Hunter Hotel Company, an Iowa corporat1on,
PROPERTY OWNER(S). Des Moines, Iowa 50309, and
(Musllncluda ALL ownersl
Manda1ay Investments, LLC, a Flor1da
North, Suite 200, St. Petersburg, FL
AGENT NAME: (Contact Person) E. D. Armstronq
Burns, LLP
M~UNGAODRESS P. O. Box 1368, Clearwater, FL 33757-1368
P. O. Box l~jU,
limited 11ab1lity company, 2201 Fourth Street
33704
III, Esquire of Johnson, Pope, Bokor, Ruppel &
PHONE NUMBER.
727-461-1818
FAX NUMBER. 727-462-0365
The landscaping requirements of Article 3 Division 12 may be waived or modified as a part of a level One or
level Two Approval, as the case may be, if the application for development approval Includes a Comprehensive
Landscape Program, which satisfies the following criteria. The use of landscape plans; sections/elevations,
renderings and perspectives may be necessary as supplementary infonnation in addition to the infonnation
proVided on thIS worksheet:
1 Architectural Theme
a The landscapIng In a Comprehensive Landscape Program shall be desIgned as a part of the architectural
theme of the prrnclpal bUIldings proposed or developed on the parcel proposed for the development
See Exhib~t "An attached for legal descr~ption of property. See Exhib1t "B"
attached for reSponses to Criter~a 1 through 5.
RECEMD
Pdqe 1 of 3
NDV 1 9 2004
PLANNING DEPARTMENT
CITY OF CLEARWATER
OR
b The design, character, location and/or matenals of the landscape treatment proposed In the Comprehensive
Landscape Program shall be demonstrably more attractive than landscaptng otherwise perrmtted on the parcel
proposed for development under the mtnlmum landscape standards
2 Lighttng Any lighting proposed as a part of a Comprehensive Landscape Program IS automatically controlled so
that the IJghtmg Is tumed off when the business Is closed
3 CommuOlty Character The landscape treatment proposed In the ComprehenSIve Landscape Program will
enhance the community character of the City of Clearwater
P'l(j(' 2 or3
4 Property Values The landscape treatment proposed In the Comprehensive Landscape Program will have a
beneficial Impact on the value of the property In the ImmedIate VICInity of the parcel proposed for development
5 SpecIal Area or Scenic Corridor Plan The landscape treatment proposed in the Comprehensive Landscape
Program IS consistent with any special area or scentc comdor plan whIch the City of Clearwater has prepared and
adopted for the area in which the parcel proposed for development IS located.
Please return checklist for revIew and venficatJon
Date
tf! 7?-cJ'1
~~
(SIgnature of applicant)
E. D. Armstrong III, Esquire
5 application forms/development review/comprehensive landscape program appllcaUon doc
P.lge 3 of J
B9~ZZ-04 05:Z5pm From-JOHNSON,pnOC PA
7Z74418S17
T-148 P DZ/05 F-BSB
AFFIDAVIT TO AUTHORIZE AGENT:
HUN'I'SR :aOTEL COMPANY, an Iowa corporat.ionr formerly known as FloriQa Clearwater 2eaoh
Hotel Co.
(Names of aU propel'ly oWners on deed ~ please PR.INT fun names)
1. That (I amlwe are) the owner{s) ilnd ret;Ord UUe hOldfU(s) I)f\he following describ(Jd property (address or general location):
500 Mandalay Avenue and adjoining pa;rl,e!a: more particularly described on ExhibJ,t "An
att~ohed hereto and incoxporated here~.
2 Tha~ this property consUtutes \he property for whIch a reqnest for a: (descnbe request)
Flexible dEl'Valo.)?znent approval for comprehens.tVB intiII redevelopment projeat.J 4evelopment .
agreement applicat.ion, comprehensive ,oign proqra:Jtl application, comprehensive lanc1.9cape plan
application and requests for vacation of right-ot-w~~y
3. That thE) Imd8fS19ned (h.mave) appointed and (aoe5ldo) appoint Ii!. D. lu:mstrong t II, Esquire, of Johnson, Pope,
Bokor, Ruppel 05< Burns, LLP
as (hlsJUleir) agent(s) to ~ <1f1Y petitions or other documenb n~s<l:1Y tQ a
4. Thalthls affidavit has been execvted tp IMuce the City of CJearwate:r, F!Qr!diIlQ onsider and a~ (In
5, That site \4$1ts 10 the property are ne~ssalY by City representatives In order F~ lhfs application nd the ClIIoVnel' fluthori:es City
rBpreS~f1laliVe$IQ V;Sl\: and ptlototJmph the properrt deSct\bed In this appliqlitJon:
6_ That (1Iwe), the undelSlgned authority, hereby cerbfy thai the foregoing is lItI
-J
Property Owne(
Propelit)' Owner
STA'l'l!l OF :rOWA )
coUNTY' OF POLK ) ~
Befol'Q me tfle undersigned. an off!(:eI dUly commI:ssloned ~ Ihe 1a\"lS of the State 01 florida. 01] Ibis ::L. ,3 da)' of
September . 2004 pel'SQJla!ly appeared J'eff Hunter, as Vice Pres1.d$nt. who having been IIrst duly swam
Deposes and $Q)I$- that he/she fUlly undef'$tands ltle coriieriiSD'the affldlJ\Iit that tlefsM sl9n~.
~of Hunter Hotel COJ\'lpany, an
corporation, on behaIf of th
My CommissIon Expfr~s.
:?~~ \MANDA F. NOBLE
. l, z.:~ :' ~mmtsSiOri Number 225S33
<'J:,,,;.5; lv1y Commission expIres
- -0
Best Copy
Available
, ........
U~~"-U4 u~"lpm rrnm-JU"~~un,rUrt r^
I "'I'll;; II
1-1~1 r U~/~~ r-~Vl
AFFIDAVIT TO AUTHORIZE AGENT:
__MANDALAY INVESTMENTS. LtC. a ~10Tld~ l1m,tprl 11~hiLLtv ~omp~nv
(Names -;rarl property owners on deed - please PRINT filII names)
That (I am/....~ are) the oWl\er(S) and rfX:ordllUe holden:;;) of !he fOllowing descnc~d property (address or gener.l:IIOea~On).
Parcel located at 470 Mandalay Aven~, as more part:a.cularly described on Exh:a.b:a.t "A"
~~hed hereto and :a.ncorporated hezein.
2 That thiS property constitutes the propeny for which 8 reCllleS( (or a (descnbe re<juesf)
Flex~le development approval for c~mprehens~ve 1nfill redevelopment proJect: development
a9reement application, comprehensive si9n program appl:a.cation, comprehens:a.ve landscape
plan appl:a.eation and requests for vacation of r~ght~of~way.
3 That the undersIgned (ha~) appomted and (O'oesldOI appolnl E., D. ArmstronCf III , Esquire. of Johnson,
Pope, Bokor, RUppel & Burns, LLP
as (hisnhelr) agenfls) to eThClIte any pellbons Ol' other dueuments neee$$.3ry to affect sudl pebtlon;
4 Thallhrs affrdaVlt l'Ias been e)(eO\/ted 10 IndUce the City cr Clearwater, Florida to oonslder and act on the Ollxwe descnbed property.
5 That site VISItS 10 the propllnY;lre necessary by City rcpr'f,sentalNes III order 10 p..oeeS$ thIs applicatlOll and Itle owner authorizes City
representatives to VISIt and photograph the prop.::rty desaJbe<t In this apprf<:.allon.
G. That (I.we), !he ufldersi9ned authority, hereby certify that \he foregoing Is ltlJe and correct.
MANDA!AY INVESTMENTS,
limit iabi t co
Prope
By:
Property
a Florlda
Properly Oovner
STATE OP FLORIDA )
COUNTY OF PlNaLAS )
Before me the undersrgned an offioer duly commISSioned by me 'laws of !he State 01 F forida. on IhlS .:? J.j Y7v day of
September . 2004 personaJfy appeared J. Mi(:hael CheezeIn, as Managinq* who haVing been fitsl dul)' swom
Deposes and says lilat helshe NIl)' understandS the conten[S (,f the affidavit fIIat he/she signet!.
*Member of Mandalay Investments, LLC, a
Flor~da limited liabil~ty company,
My Commi$$rOn El<pires:
~
t!.,. ~
Notary PubliC
#'?~, :kIlne t. SI:l/j1t
f*,~~K~.~ MY COMMISSION , DDQ(1066 EXPIReS
~~~.; September 2. 2005
'J.?,;". 'fu~ 8OI/OfllltiiUlROY fAIN INSURAHCllNC.
'Ih"l~
; - SEP';';Z2-2BM
17:20 _-
727441861 ?r
, ~~ '97?-
P.02
~~n
-
^- ,
EXHIBIT "An
Map
# Parcel No. Address Legal Description
( Owner)
1 08/29/15/16398/000/0530 495 Beach Lots 53, 54, 55 and 56,
(Hunter Hotel Company) Drive Clearwater Beach Park,
according to the plat thereof
recorded in Plat Book 10, Page
42, Public Records of Pinellas
County, Flonda.
2 08/29/15/16398/000/0490 Vacant Lots 49,50,51 and 52.
(Hunter Hotel Company) Clearwater Beach Park,
according to the plat thereof
recorded in Plat Book 10, Page
42, Public Records of Pmellas
County, Florida
3 08/29/1516398/000/0430 470 Mandalay Lots 43 through 48, Lots 65
(Mandalay Investments, Avenue through 71 and the South 14.75
LlC) feet of Lot 64, Clearwater
Beach Park, according to the
plat thereof recorded in Plat
Book 10, Page 42, Public
Records of Pinellas County,
Florida.
4 08/29/15/16398/000/0090 470 Beach Lots 9, 10, 11, 12 and 13,
(Hunter Hotel Company) Drive Clearwater Beach Park,
according to the plat thereof
recorded in Plat Book 10, Page
42, Public Records of Pinellas
County, Florida.
5 08/29/15/16398/000/0060 Vacant Lots 6, 7 and 8, Clearwater
(Hunter Hotel Company) Beach Park Subdivision, as
recorded in Plat Book 10, Page
42, Public Records of PinelJas
County, Florida.
6 08/29/15/16398/000/0010 490 Beach Lots 1 through 5, inclusive,
(Hunter Hotel Comppny) Drive Clearwater Beach Park
Subdivision, according to the
plat thereof recorded in Plat
Book 10, Page 42, Public
Records of Pinellas County,
Florida.
7 08/29/15/16380/000/0010 500 Mandalay See Exhibit "A-1" attached
(Hunter Hotel Company) Avenue
8 OS/29/15/57924/000/0010 500 Mandalay See Exhibit "A-1" attached.
(Hunter Hotel Company) Avenue
#328195 v3
AFFIDAVIT TO AUTHORIZE AGENT: (BY APPLICANT)
CBR DEVELOPMENT I, LLC, a Flor1da limited 1iab1lity company
1The-unders1gned is tne.app-1icant regardin<jhe followmg described property (address or general location)
Parcels 08/29/15/16398/000/0530, 08/29/15/16398/000/0490, 08/29/15/16398/000/0090,
u~/~~/~~/~b~~~/UUU/UUbU, U~/~~/L~/lbj9B/OOO/OULU, u~/~~/L~/Lbj~U/UUU/UULU.
OS/29/15/57924/000/0010 and 08/29/15/16398/000/0430
~ _ --.....-';l
2 That thIs property consututes the property forwtuch a request for a (describe request)
Flexible development approval for comprehensive 1nfill redevelopment proJect; development
agreement application; comprehensive sign program application~ comprehensive landscape plan
application and requests for vacation of righ..t..of-way.
3 That the undersigned (ha:sJhave) appointed and (does/dol appolnl
Pope, Bokor, Ruppel & Burns, LLP
E. D. 1\rmstrong III, Esquire, of Johnson,
as (hlSl'lhelr) agent(s) to execute any petiUons or other documents neoess3l)' to affect such petition,
4 That ttus affidavit llas been executed to lI\duoe the City of Clearwater, Aoricla 10 consider and act on the above descnbed property.
applicant
5 That site visits to the property' are necessary by CIty representatives In Older to process this application and the / authorizes City
representabves to VISit and photograph the property desaibed mthls application,
6 That (Vwe), the undersigned aufuonty, hereby certIfy thaI the foregoing Is lrue and <:o<<ecl
CBR DEVELOPMENT I, LLC. a Flor1da IiIuted
liability company
ny: - CBR Communi ties I, Ltd.. a ..Florida 1 imi te
partnership, Managinq_..Member
By: JMC Co ities of Clearwater V, Inc.,
a FIo i co r tion, General partne
By:
STATE OF FLORIDA )
COUNTY OF P1NBlAS )
Before me lIIe unde~km~d. an Clffieer duly commissioned b.)' Ill€!; laws. of the Stale of Flonds,Jm this f _ d'O~ day of
september , <!OO4 persClnally appeared J. mcnael Cheezem, as ~O o. who havtng been first duly sworn
........~~
~
Deposes and says that he/she full Q) GAIL M. COOPER
. ;0-; MY COMMISSION I 00 107231
; exPIRES May 14, 200ti
My Commission E>:pires 4Ji: IlondodThl\l~P\tIIo~
*JMC Commurn.ties of Clearwater V, Inc.. a Florida corporat1on, General Partner of CBR
Communities I. Ltd., a Florida limited partnership, Managing Member of CBR DEVELOPMENT I, LLC,
a Florida limited liability cdmpany
~~ ~ -
~ ~l t. I ..... ....... r 1....... ;-
rj-
'(I"1f-~~"'.(; .. ::!'"' -. ~
_... i.J ~.... ~ Ii- ~.nr"\' ....-.. I 1
~,
1F,w .....r
'"1 ; _ I? :. l~f.J \ ~ ~ ~""'o"\,.\.___ .. I ... ~ I..../" ~
c0'd
%86
t.19S'tt1t1lZl.
6't:'t't \:100c-Bc-d35
AFFIOAVlT TO AUTHORIZE AGENT: (BY APPLICANT)
caR DEVELOPMENT II, LLC, a F10nda limit~d 1iab.f lity company
. .
1The .un4erGiifnesJ,.1s the .applicant .re-gartUni}he folJowiflg deS(f1bed properly (address or genorallocafion)'
Parcels 08/29/15/16398/000/0530, 011/29/15/16398/000/0490, 08/29/15/16398/000/0090,
u~/~~/lb/10~~~/UUU/UUbU, U~/1~/L~/Lb~~~/UUU/OULU, U~/t~/~~/Lbj~u/UUU/uu~u,
05/29/1;5/57924/000/0010 and OR/29/1S/16398/000/9~O' v _, ' ,!,.. ,
-~_-41
...- , ... '\...
2. That this proPGI'ty c:onstRute3 !he propeJ1y for wllich 8 request fo: i: (dIl&Clib6 '1lqued) ,
Flexible development approval for c'omprehensive infill- redevelopment ~~ject; development
agreement application; comprehensive sign .Progratn applJ.cation, I:'Otnprehe:nS:lve-'lan
application and requests for vacation of riqht-of-~<i\Y. .
3 TbeUhe undersigned (has/h4V&) llIppolnted Slid (cIoc:;/cfo) 8PPolnl:' ~. Amstrong III, ESquire, of Johnson,
Pope, Bokor, Ruppel 6i Bums, LLP
t ~ ... ~.....
, ,
, .
ll$ (It!stlhalrJ llgent(s) to execute 1lf1)' petitions or otMr documents r\eCeSSIlry 10 :afl'oct wch petitron;
4. That this affida~ has been executed 10 bldlJOl:: the CI'y of CfealWatef. Aolfda II? ~.1I.~ act onjtleJI!?ove"dascribed'f!l'1lpCtty;
'v - ~, applicant
5. That site vJ:;tts to the propeI1J ;'10 nacessary by city ~tlmlnlatlves III otdor 10 ~ this apJIlbbOll'and the I authbtku CIty
'aprese1llatfy~ 10 visit and photQgraph !he PI'1lpGIty desenl>EMt In this appik:;atfon; ; , '. " ' . ' "i :; ,
6. ThlJt (/Iwe), !he understgned authority. hereby C8 rtify (I]af the foregoing Is liue .fld correct. ,~ " . ,
, CBR DlNELO~kENTII, LLC; ~ Ffori1t~ 'l.un1.ted
liabLUty company _ " ~ -' <,
Sy: .OR Communities I)1. tl::d,,' a .Florida limite
__pa.rtnership, Mahaq incr ..Member
ny: JMC Cotmnun.l.t.ies ot' CleaxwaterVI., Inc.,
a 1'10 i co at:ion, General. Partn
-~
'"
- "
By:
STATE 01i' FLORIDA ) ~ _ ,j ,
COUNTY OF PfNBl.AS ) , , e; _ ,;;- ", {< , '_', ,. '. " ~
;~~ l jL .... ~ ..
BD~;~ the undCfSlroT' an officer dUly COIJI1nbsIoned b..r1h~ laws oflhe-Slate of ~a!1i!l!h1s .-;'.... ,,,~, ' .' v ; _:'. day 01
Sept r. 2 petsonally appeared J. ,1'U.cnael Chee.zem, ~ l;;ZO of , .}'dIp: having bMlI ~ swom
Deposes IIIrnl says that heI$lte fUlly UhO'erstands the contenls of Ute aflJclavillhat ttelSIUI~lilgn _ . _.'. .'<' ~',"
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Notary P
My Comrn~n Expires'
*JMC Communi1:.1sS of Clea.:rwater\\t, Inc. f a Florida corpora:t.i.on, General Partner of CBR
CoDlmunities H, .Ltd., a :Florida limited l?a.rtnershipl Managing Member of CBIt DEVELOPMENT D, .tr..c,
a Florida limited Uabl.lity edmpant
"
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CD GAILY.
i MY COMMIS$lON , DO 107231
EXPIRES- May 14,2006
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EXHIBIT "A-I"
PARCEL 1
THAT PART OF TRACT A OF A RE-SUB, OF BLOCK 10 AND 11 AND LOTS 2 TO 15, INCLUSNE,
BLOCK 9, OF THE REVISED MAP OF CLEARWATER BEACH, AS RECORDED IN PLAT BOOK 19,
PAGE 96 OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA, DESCRIBED AS
FOLLOWS. BEOIN AT THE SOUTHEAST CORNER OF THE SAID TRACT A AS SHOWN AS 3.68
ACRES, THE P 0.8 BEINO A POINT AT THE INTERSECTION OF THE NORTH LINE OF
BA YMONT STREET, AS SAID SA YMONT STREET IS SHOWN ON SAID RE-SUB OF BLOCKS 10
AND 11 AND LOTS 2 TO 15, INCLUSNE, BLOCK 9 OF THE REVISED MAP OF CLEARWATER
BEACH, WITH THE WESTERLY LINE OF MANDALA Y ROAD, AND RUN TIIENCE N 20" 45' 00" E,
182.23 FEET; THENCE N 01044' 00" E, 110.5 I FEET TO THE CENTERLINE OF AMBLER STREET,
AS SAID AMBLER STREET IS SHOWN AND DEDICATED AS A PUBLIC STREET IN THE
REVISED MAP OF CLEARWATER BEACH, AS RECORDED IN PLAT BOOK 11, PAGE 5. OF THE
PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA; THENCE WEST ALONG THE
CENTERLINE OF SAID AMBLER STREET 420.00 FEET MOL TO THE WATER OF THE GULF OF
MEXICO, TIIENCE IN A SOUTHERLY DIRECTION ON A MEANDERING LINE ALONG THE
WATERS OF THE GULF OF MEXICO, 321.00 FEET MOL TO THE CENTERLINE OF SAID
BAYMONT STREET, THENCE EAST 385.00 FEET MOL ALONG SAID CENTERLINE OF
BA YMONT STREET TO A POINT 40.00 FEET SOUTH OF THE P.O.B. THENCE NORTII 40.00 FEET
TO THE P.O B.
PARCEL 2:
THE NORTH 20.00 FEET OF AMBLER STREET LYING WEST OF THE EAST LINE OF LOT 9,
PROJECTED SOUTH AS SHOWN ON THE PLAT OF MILLER'S REPLAT, AS RECORDED IN PLAT
BOOK 26. PAGE 17 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
PARCEL 3:
LOT 1 AND 10 AND THE SOUTIl80.00 FEET OF LOT 9 OF MILLER'S REPLAT AS RECORDED IN
PLAT BOOK 26, PAGE 17, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
EXHIBIT "B".
TO COMPREHENSIVE LANDSCAPE PROGRAM APPLICATION
CBR DEVELOPMENT I, LLC
CBR DEVELOPMENT II, LLC
Simultaneously with the submittal of this request, the applicant has submitted an
application for flexIble development approval for a comprehensIve infill redevelopment
project in connection With ItS proposal to redevelop the eXisting Clearwater Beach Hotel
and the majority of the block located south of the hotel as a contemporary resort
residential and hotel development as is contemplated for the "DestinatIon Resort
Dlstricf in Beach By Design. The proposed development is descnbed In detail in the
applicant's flexible development application.
Written Submittal Requirements
1) Architectural Theme,
a. The landscaping in a Comprehensive Landscape Program shall be
designed as a part of the architectural theme of the principal
buildings proposed or developed on the parcel proposed for the
development.
OR
b. The design, character, location and/or materials of the landscape
treatment proposed in the Comprehensive Landscape Program shall
be demonstrably more attractive than landscaping otherwise
permitted on the parcel proposed for development under the
minimum landscape standards.
The landscape designed will exceed the mmimum landscaping standards
established by the City of Clearwater and more accurately reflect the design Intent
outlined in Beach by DeSign for the "Destination Resort District."
2) Lighting. Any lighting proposed as a part of a Comprehensive Landscape
Program is automatically controlled so that the lighting is turned off when
the business is closed.
All lighting IS antiCipated to have either an electro-mechanical shutoff device or
photocell Due to the nature of the project, many lights essential to health, safety
and welfare of the users will remain on during nighttime hours.
3) Community Character. The landscape treatment proposed in the
Comprehensive Landscape Program will enhance the community character
of the City of Clearwater.
The landscape design will be a major Improvement to what currently eXists on-
site, and will meet and/or exceed recent projects completed within two to three
blocks of the site, thereby creating a cohesive landscape treatment which IS
consistent for the resort area renovation and urban renewal movement.
4) Property Values. The landscape treatment proposed in the Comprehensive
Landscape Program will have a beneficial impact on the value of the
property in the immediate vicinity of the parcel proposed for development.
The level of landscape treatment proposed far exceeds the code minimum
standards and will create a beneficial Impact on surrounding property values.
7) Special Area or Scenic Corridor Plan. The landscape treatment proposed
in the Comprehensive Landscape Program is consistent with any special
area or scenic corridor plan which the City of Clearwater has prepared and
adopted for the area in which the parcel proposed for development is
located.
Landscape along North Mandalay Avenue shall be as coordinated in the
proposed development agreement between the applicant and the City of
Clearwater.
912812004 217 PM
40900101407
#328673 v1 . JMC/ClwrResorVEx to Comp Landscape App
CITY OF CLEARWATER
APPLICATION FOR PLAT APPROVAL
PLANNING & DEVELOPMENT SERVICES ADMINISTRATION
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE 2m! FLOOR
PHONE (721}-562-4567 FAX (721) 562-4576
PROPERTY OWNER S NAME
Hunter Hotel Company and *
P. O. Box 7230, Des MOlnes, Iowa 50309
ADDRESS
PHONE NUMBER
515-362-5240
FAX NUMBER
515-362-5235
APPLICANT S NAME
CBR Development I, LLC and **
ADDRESS
2201 Fourth Street North, SUlte 200, St. Petersburg
FL 3J,04
727-821-2007
72 7-82 3-002 2
FAX NUMBER
PHONE NUMBER
AGENT NAME
E. D. Armstrong III, EsqUlre
Jol.h5uu, Pop,=" Doko:r, Ruppel & Durn3, LLP
P. O. Box 1368, Clearwater, FL 33757-1368
ADDRESS
PHONE NUMBER
727-461-1818
FAX NUMBER
727-462-0365
I, the underSigned, acknowledge that all
representations made In thiS application
are true and accurate to the besl of my
knowledge
by E. D. Armstron9*~ls personally known to
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me thiS IS"'''day 01
October , A D /JJJ!l!:J.. to me and/or
U#~
v
I
my commiSSion ~~'J;U;~~ Jayne E Sears
~f' tb i'(;.:, MY COMMISSION fJ DDO~1066 EXPIRES
~ .g. d September 2, 2005
'--1.~p.' .,.,<f,""- BOND1:D IMRU TROY flJN INSURANCt f/le
'j'llt\l
The preliminary plat shall be prepared by a surveyor, architect, landscape architect or engineer drawn to a scale
not smaller than 1 100 and shall not exceed 24" X 36" and Include the follOWing information
E. D. Armstrong III
Ten (10) caples of the preliminary plat must be submitted
NORTH ARROW SCALE AND DATE
TITLE UNDER WHICH THE PROPOSED PLAT IS TO BE RECORDED
NAME ADDRESS AND TELEPHONE NUMBER OF THE PERSON PREPARING THE PLAr,
IDENTIFICATION CLEARLY STATING THAT THE DRAWING l$ A PRELIMINARY PLAT,
LEGAL DESCRIPrlON OF THE PROPERTY WITH U S SURVEY SECTION TOWNSH IP AND RANGE LINES
EXISTING AND PROPOSED RIGHTS OF WAY AND EASEMENTS
*Manda1ay Investments, LLC
2201 Fourth Street North,
St. Petersburg, FL 33704
Page I
Suite 200
D ~ ~ \'[6 f"~r~ '
m( ~~;8 20Q~ IDI
\U\] --- J
-(SERVICES OEP I
OEVELOPME-N" 8\NA1EF\
CIIYOf @~~
PROPOSED STREET NAMES,
NAMES APPROPRIATELY POSITIONED OF ADJOINING PLATS
**CBR Development II,
2201 Fourth Street
St. Petersburg, FL
LLC
North, SUlte 200
33704
~
""
Jayne E. Sears
From Wayne Wells@myClearwater com
Sent: Sunday, October 1 0, 2004 4 30 PM
To: Jayne E Sears
Cc Sherry Watkms@myClearwatercom
SubJect- RE FLQ2004-09068/500 Mandalay
Th e P rehml nary Plat wa s Sheets 7-8 of the cIvil site pIa n set, so, no we do not need addltlOna I COpl es of th e
P rellmm a ry PI at AliI do need IS the ongma I Plat a ppllcatlO nand 14 COpl es of the Plat a ppllcatl 0 n, plus th e
$60000 fee See Sherry Thanks
-----Onglnal Message---u
From: Jayne E Sears [mallto JayneS@JPfirm com]
Sent: Sunday, October 10, 20049'37 AM
To: Wells, Wayne
Subject: FLD2004-09068/S00 Mandalay
Thanks for the complete letter
I Just got a copy of the "Appllcatlon fa r Plat Approval" fro m yo u r webslte Do f need to s ubmrt 1 0 add It I 0 na I
caples of the prehmmary plat with thiS form?
Is the fee $600?
Jayne E Sears
Legal ASSistant
Johnson, Pope, Bokor,
Ruppel & Burns, LLP
911 Chestnut Street
Clearwater, FL 33756
Phone (727) 461-1818
Fax (727) 462-0365
f[D) fE & l?Jl. W i~ ~
UUJ OCT 1 82D04 l
DEVELO,:lMSNT jLJj
CITY OF c SEAVICiS OG~f
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Wells, Wayne
From
Sent.
To
Cc
Subject
Wells, Wayne
Wednesday, August 08, 2007 714 PM
'Johnh@Jmcdev com'
Vola, Bill
FW Sandpearl Hurricane Preparedness and EvacuatIon Plan
John -
Bill Vola, Emergency Manager for the City, has reviewed the Sandpearl HUrricane Preparedness and Evacuation Plan you
submitted and he offers the follOWing comments as revIsions to that Plan You may contact him to diScuss Ihese changes
If desired (see phone number below) When you make changes to the document, please forward a copy of the revised
Plan to me Thanks
Wayne
---~-On g Ina I M essage-----
From: Vola, Bill
Sent: Wednesday, August 08, 2007 4 04 PM
To' Wells, Wayne
Subject: Sandpearl Humcane Preparedness and Evacuabon Plan
HI Wayne
ThiS IS a very good basIc plan for the Sand Pearl
The document I received has no page numbers so I am Informally numbenng them With the title page as number 1 and
then sequentially
Stnkothroughe; are proposed to be deleted and underlined proposed changes
. Page 2 Emergency Phone Numbers
Add Clearwater Police 727-562-4242, Clearwater Emergency ManaQement 727~562-4045
. Page 3 Phase III - HUrricane Warning
"evacuatIon of the resort sRGWG must be completing completed
. Page 7/8 Englneenng
Add 17 shut off natural !:las supplv valve to each appliance In the kitchen
. Page 9 Tate Island Gnll
Add 5 Gas supply valves closed
. Page 9 Spa
Add 3 Gas supplv valves closed
. Page 1 0 Re-Entry
" the Plnoll::l& County Dopt of Emergency Clearwater Pollee Department Will allow "In order to facIlitate re-
~ each emolovee must have a valid Flonda Drivers License With an accompanVlnq Individual letter of
authonzatlon to enter the bUlldlnq beanna an orlqlnal sl!:lnature addressed to the Clearwater Police Department In
his/her possession
. Page 10 General Supplies That Should Be In Command Post
No location of nor communication plan for thiS Command Post IS provided
I am a bit concerned that there are no details as to how an evacuation of guest Will take place How Will they be notified?
What transportation arrangements Will be made for those Without vehicles?
Again, thiS 1$ a very good baSIC plan that only needs some minor adjustments
THANKS WAYNEl
Bill
1
Wells, Wayne
From
Sent
To
Subject
Vola, Bill
Wednesday, August 08, 2007 4 04 PM
Wells, Wayne
Sandpearl HUrricane Preparedness and Evacuation Plan
HI Wayne
This IS a very good basIc plan for the Sand Pearl
The document I received has no page numbers so I am Informally numbering them with the title page as number 1 and
then sequentially
Stnkothroughe: are proposed to be deleted and underlined proposed changes
. Page 2 Emergency Phone Numbers
Add Clearwater Police 727-562-4242. Clearwater Emerqencv ManaQement 727-562-4045
. Page 3 Phase [[I - HUrricane Warning
"evacuation of the resort 6RGuk=J must be completing completed
. Page 7/8 Engineering
Add 17 shut off natural Gas supply valye to each appliance In the kitchen
. Page 9 Tate Island Grill
Add 5 Gas supply valves closed
. Page 9 Spa
Add 3 Gas supply valves closed
. Page 1 0 Re-Entry
" the Plnoll;)!> County Dopt Qf Emorgency Clearwater Police Department Will allow "In order to faCIlitate re-
!W..!!Y,. each employee must have a valid FlOrida Drivers license With an accompanYInQ Indlvldualleller of
authOrization to enter the bUlldlnQ bearinG an orlQlnal sIGnature addressed to the Clearwa1er Police Department In
hlslher possession
. Page 10 General Supplies That Should Be In Command Post
No location of nor commUnication plan for thiS Command Post IS prOVided
I am a bit concerned that there are no details as to how an evacuation of guest Will take place How Will they be notified?
What transportation arrangements Will be made for those Without vehicles?
Again, thiS IS a very good basIc plan that only needs some minor adjustments
THANKS WAYNE!
Bill
William C Vola
Emergency Manager
City of Clearwater, FL
112 S Osceola Ave
Clearwater, FL 33756
727 562 4045
"Every time we make something foolproof, someone creates a better fool!"
1
FW Marquesas DeclaratIOn P::lge 35
Page 2 of 4
To: Wells, Wayne
Cc: Garnott, Kevin
Subject: RE' Marquesas Declaration Page 35
We will
Thank you very much,
Ken
From: Wayne Wells@myClearwater com [mallto Wayne,Wells@myClearwater com]
Sent: Thursday, April 26, 2007 1'02 PM
To: Ken Eckelkamp
Cc: Kevin Garnott@myClearwater com
Subject: RE' Marquesas Declaration Page 35
FYI
--...Onglnal Message-----
From: Garnott, Kevin
Sent: Thursday, Apnl 26, 2007 12'17 PM
To: Wells, Wayne
Subject: RE' Marquesas DeclaratIon Page 35
Should be ok as long as they monitor their residents
-----Ongmal Message-----
From: Wells, Wayne
Sent: Tuesday, Apnl 24, 2007 2 22 PM
To: 'Ken Eckelkamp'
Cc: Garnott, Kevin
Subject: Marquesas Declaration Page 35
Ken.
I am forwarding this response to Kevin Garriott for comment
Wayne
-----Onglnal Message--m
From: Ken Eckelkamp [mallto'ken@Jmcdev com]
Sent: Tuesday, Apnl24, 2007 2 18 PM
To: Wells, Wayne
Subject: RE Marquesas Declaration Page 35
Wayne,
That IS correct, the outlets and ceiling fans (If any) are located above the B F E
We have already filed these documents with the State and HUD They are
difficult to change at thiS pOint since they have been approved and we have,
been selling units We used the same wording that was approved dUring our
permit review at Mandalay Beach Club I hope It'S okl
Ken
c ,'\ "I ,'\ AI,"'
Fv,.T Marquesas Declaration Page 35
/
Page 3 of4
From: Wayne Wells@myClearwater com
[mallto'Wayne Wells@myClearwater com]
Sent: Tuesday, April 24, 2007 1 58 PM
To: Ken Eckelkamp
Cc: ]aynes@]pflrm com, Kevln.Garnott@myClearwater com
Subject: Marquesas Declaration Page 35
Ken -
I Jusl talked to KeVin Garriott KeVin IS presuming that any ceiling fan and
electrical oullets are above BFE He suggests the follOWing changes to Section
17 13 (new lang uage u nd erlln ed, except for title)
Storage Cabanas No exterior, Interior or slructural alterations to the
cabanas/beach storage shall be made without the approval of the Board of
Directors Maintenance, repair and replacement of storage cabanas shall be at
the sole expense of the Unil Owner(s) to which the storage cabana has been
assigned There Will be no exterior antennas, satellite dishes, cable or
telephone hook-ups 10 the storage cabanas No air-conditioning or heating
system may be Installed In storage cabanas Ceiling fans are permitted
Storage cabanas may not be used for overnight accommodations or for an}' use
other than storaqe No pet shall be permitted
Wayne
m--OnglOal Messagem--
From: Ken Eckelkamp [mallto ken@]mcdev com]
Sent: Thursday, Apnl19, 2007408 PM
To: Wells, Wayne
Subject: FW Marquesas Declaration Page 35
Wayne,
Re Your Comment on the Marquesas bUilding plan review
Here IS the Declaration page from the Marquesas Condominium
documents that talks about the Cabanas and their use
I gave a copy to KeVin G to give to you at our last meeting
Ken Eckelkamp
JMC Communities, lnc
Item 17 13 of the Declaration (Section 17 IS the "Use Restrictions")
<<Marquesas Dec Page 35 pdf>>
JMC COMMUNITIES
5/23/2007
17 13 ~F!hF!nF!s/BAF!ch Storage No extenor or structural alterations to the cabanas/beach storage
shall be made Without the approval of the Board of Directors MaIntenance, repair and
replacement of cabanas/beach storage shall be at the sole expense of the Unit Owner(s) to
whIch the cabana/beach storage has been assigned There will be no extenor antennas,
satellite dishes, cable or telephone hook.-ups to the cabanasfbeach storage No alr-
conditIoning or heatrng system may be Installed In cabanas/beach storage Ceiling fans are
permitted Cabanas/beach storage may not be used for overnight accommodatIons No pet
shall be permitted In any cabanaslbeach storage No cooking shall be permitted In
cabanas/beach storage or on Condominium Property adjOIning such cabanas/beach
storage At the election of the Board of Directors, electrical bills for cabanas/beach storage
shall be apportioned to cabanas/beach storage owners on a per-unit basIs
18 Selling! e8sIng 8nd Mortgaging of UnIts Units may be made subject to mortgages Without
restrictions, but sales and leases thereof shall be subject to the provISIons of thiS Section 18
18 1 !Ward Approval There shall be no sale, lease or transfer of Interest, legal or beneficial, nor
transfer of possessIon of a Unit Without the pnor wntten approval of the Board of Directors of the
Assoclatron In the event a corporation, partnership, trust or other legal entity owns a Unit, the
transfer of all or substantially all of the benefiCial ownership of such entity shall be conSidered a
transfer of Interest In the Unit In the event of leaSIng of Units, the Board shall have the nght to
require that a substantially uniform form of lease be used No portion of a Umt (other than an entire
Unit) may be rented. All leases shall prOVIde (or be automatically deemed to provide, absent an
express statement) that the AsSOCiation shall have the nght to terminate the lease upon default by
the tenant In observing any of the provISIons of thiS Declaration, the Articles of lncorporatlon, By-
Laws, and Rules and Regulations of the AsSOCiation No lease shall be valid or approved for a term
of less than one month Regardless of whether or not expressed In the applicable lease, the Unit
Owner shall be JOintly and severally liable to the AsSOCIation for the acts and omissions of hiS or her
tenant(s) whIch constitute a VIolation of, or non compliance With, the prOVISions of thiS Declaration,
the ArtIcles, By-Laws and of any and alf rules and regulahons of the Assoclatron The provIsions of
thiS Section 18 1 shall not apply to the sale of Units by the Developer The proVISions of thiS Section
18 1 shall not apply to a transfer or purchase by Institutional First Mortgagees wh Ich acquire title as a
result of their mortgage lien on the Unit, regardless of whether the title IS acqUired by deed from the
mortgagor or through foreclosure proceedings, nor shan thiS Section 18 1 require approval of a
purchaser who acquires title to a UOlt at a duly advertised publIC sale, With open bidding proVided by
law, Including but not limited to an execution sale, a foreclosure sale, a JudiCIal or a tax sale No fee
shall be charged by the AsSOCiation In connection WIth the transfer or approval which IS In excess of
the expenditures reasonably reqUired for such transfer, nor sha!! the expense exceed the fee
permitted under the Act, from tlme to time, which at the time of recordmg of thiS Declaration IS
$100 00 Any Unit Owner deslnng to sell, lease or deliver possession of a Unit shall submIt to the
Board an application for approval, which application shall be In writing and In a form approved by the
ASSOCiation, and shall prOVide the name, address, and telephone number of the deSired purchaser
or tenant, the names of all Intended occupants of the Unrt, together WIth such other Information as
the Board may reasonably reqUlre. The Board must either approve or dIsapprove the request Within
ten (10) days after Its receipt of the request or such supplementallnfonnatlon as It may reasonably
require If a sale Is approved, a recordable Certificate of Approval-shall be executed by the"
AsSOCiation to be recorded at the expense of the purchaser If a lease IS approved, a wntten notice
of approval Will be prOVided by the AsSOCiation The Board's failure to give the Umt Owner the
Certificate of Approval or written notice of approval, or wntten notice of dIsapproval Within the ten (10)
day period shall be deemed to be the Board's consent to the same
re1~
Declaration of CondominIum
Page 36
1'..
,
FAV Marquesas DeclaratIOn pn-", 35
Page 1 of3
Wells, Wayne
From Wells, Wayne
Sent Thursday, April 26, 2007 1 35 PM
To 'Ken Eckelkamp'
Subject. RE Marquesas Declaration Page 35
I have shown the Certificate of Occupancy condition for this comment as "met" for the hotel bUilding permit
n---Onglnal Messagem-p
From: Ken Eckelkamp [mallto.ken@Jmcdev com]
Sent: Thursday, Apnl 26,2007 1:21 PM
To: Wells, Wayne
Cc: Garnott, Kevin
Subject: RE Marquesas Declaration Page 35
We will
Thank you very much,
Ken
From: Wayne Wells@myClearwater.com [mallto'Wayne Wells@myClearwater,com]
Sent: Thursday, April 26, 2007 1 02 PM
To: Ken Eckelkamp
Cc: Kevln.Garnott@myClearwater com
Subject: RE: Marquesas Declaration Page 35
FYI
n---Onglnal Message-----
From: Garnott, Kevin
Sent: Thursday, April 26, 2007 12'17 PM
To: Wells, Wayne
Subject: RE. Marquesas Declaration Page 35
Should be ok as long as they monitor their residents
nn-Onglnal Message-----
From: Wells, Wayne
Sent: Tuesday, April 24,20072.22 PM
To: 'Ken Eckelkamp'
Cc: Garnott, Kevin
Subject: Marquesas Declaration Page 35
Ken ~
I am forwarding thiS response to Kevin Garriott for comment
Wayne
pnnOnglnal Messagen---
From: Ken Eckelkamp [mallto'ken@Jmcdev com]
Sent: Tuesday, Apnl 24, 2007 2.18 PM
4/26/2007
.
,.
FW Marquesas DeclaratIOn p... ... 35
Page 2 of3
To: Wells, Wayne
Subject: RE' Marquesas Declaration Page 35
Wayne,
That IS correct, the outlets and ceiling fans (If any) are located above the B F E
We have already filed these documents with the State and HUD They are difficult to
change at this pOint since they have been approved and we have been selling Units
We used the same wording that was approved dunng our permit review at Mandalay
Beach Club I hope It'S ok'
Ken
From: Wayne,Wells@myClearwater com [mallto.Wayne Wells@myClearwater com]
Sent: Tuesday, Apnl 24, 2007 1.58 PM
To: Ken Eckelkamp
Cc: Jaynes@Jpflrm com; Kevln.Garnott@myClearwater.com
Subject: Marquesas Declaration Page 35
Ken -
,
I Just talked to Kevin Garriott Kevin IS presuming that any ceiling fan and electncal
outlets are above BFE He suggests the follOWing changes to Section 17 13 (new
language underlined, except for title)
StoraQe Cabanas No exterior. Intenor or structural alterations to the cabanas/beach
storage shall be made without the approval of the Board of Directors Maintenance,
repair and replacement of storage cabanas shall be at the sole expense of the Unit
Owner(s) to which the storage cabana has been assigned There Will be no exterior
antennas, satellite dishes, cable or telephone hook-ups to the storage cabanas No
air-conditioning or heating system may be Installed In storage cabanas Ceiling fans
are permitted Storage cabanas may not be used for overnight accommodations or for
any' use other than stora@. No pet shall be permitted
Wayne
ud*Onglnal Messageum
From: Ken Eckelkamp [mallto ken@Jmcdev.com]
Sent: Thursday, Apn119, 2007408 PM
To: Wells, Wayne
Subject: FW Marquesas Declaration Page 35
Wayne,
Re Your Comment on the Marquesas bUilding plan review
Here IS the Declaration page from the Marquesas Condominium documents
that talks about the Cabanas and their use
I gave a copy to Kevin G to give to you at our last meeting
4/26/2007
!
FW Marquesas DeclaratIOn PI'-'" 35
Ken Eckelkamp
JMC Communities, lnc
Item 17 13 of the Declaration (Section 17 IS the "Use Restnctlons")
<<Marquesas Dec Page 35 pdf>>
JMC COMMUNITIES
Toge/her, bUilding endurmg lifestyles,
Ilch m Splrl/, on a foundatIOn of mtegnty
4/26/2007
Page 3 of3
,~
Wells, Wayne
From
Sent
To
Subject
Mike Petagna [mlkep@jmcdevcom]
Tuesday, March 13,2007 11 23 AM
Wells, Wayne
Sandpearl
~
s p-reso rt -slte- cu rre
nt_revl-RQ
Wayne,
Thls lS the plan that was approved for our ROW permlt It shows all of the equlpment
behlnd the Ilne and lS representative of what we wlll bUlld
Thanks, <<sp-resort-slte-current_revl-ROW_MlSC pdf>>
Mlchael petagna
JMC Deslgn & Development
727-443-6585
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CITY OF CLEARWATER
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLI:ARWATFR, FLORIDA 33758-4748
MUNICIPAl SERVICES BUILDING, 100 SOUTH MYRTLE AvrNUh, CLEARWATLR, FLORIDA 33756
TFI mIONE (727) 562-4567 FAX (727) 562-4865
loNG RANGE PlANNING
DEVEWPMEr..'T REvrFW
Mr Joseph N BlOrdl
Addche Group Architects, Inc
550 South Federal Highway
Ft Lauderdale, Floflda 33301
March 21, 2006
Re Development Order - Mmor RevIsIOn
FLD2004-09068/PL T2004-000 16/SGN2004-09020 - 470, 484 and 500 Mandalay A venue and
470,489,490 and 495 Beach Dnve
Dear Mr BlOrdI
On December 14, 2004, the CommuOlty Development Board (CDB) approved with 17 eondltlOns the
above referenced cases, whlCh were requests for (1) Flexible Development approval to permit a maximum
of 253 overnight accommodatIon umts, 119 attached dwelhngs and 11,000 square feet of retail sales and
selVlces as a mixed use (with mcrease m denSIty of 141 hotel rooms from the Beach by DeSIgn density
pool), With reductIOns to the front (east along MandaJay Avenue) setbdck (between Baymont and Ambler
S tl eets) from 15 feet to eight feet (to bUIldmg) and from 15 feet to zero feet (to pa vemen t and waterfall
feature), a reduction to the front (south along Baymont Street) from 15 feet to zero feet (to pavement), a
reduction to the front (north along Ambler Street) setback from 15 feet to five feet (to bUIldmg), a
rcductlOn to the front (east along Mandalay Avenue) setback (between San Marco and Baymont Streets)
from 15 feet to zero feet (to buildmg), a reduction to the front (south along San Marco Street) from 15
feet to zero feet (to buildmg), a reductlOn to the Side (west) setback (Coastal Construction Control Lme
[CCCL]) from 10 feet to zero feet (to buildmg and pool deck) and to allow eXlstmg and proposed
lmprovements to remam up to 62 feet west of the CCCL, a reductlOn to the Side (east and north between
S an Marco and Bayman t Streets) from 10 feet to four feet (to bUlldmg), reductIOns to the Side (east and
north, north of Ambler Street) from 10 feet to one.foot (to bUlldmg) and from 10 feet to one-foot (to
pavement), an mcrease to bUIldmg height from 35 feet to 95 feet (to roof deck) for the proposed ovemlght
accommodatIon usc (wlth an addltlOnal 12 - 20 feet for decoratIve mansard architectural embelhshments),
an mcrease to bUlldmg height from 35 feet to 150 feet (to roof deck) for the proposed reSidential bUIldmg
(WI th an additIOnal 12 - 18 feet for decoratlVe mansard architectural embelh shments), a reductIOn to
reqll1red parkmg from 456 spaces to 431 spaces and deViatIons to allow stacked parklOg and bUlldmgs
wlthm the VlSlbllity tnanglcs, as a Comprehenslvc Infill Redevelopment ProJect, under the provIsIOns of
SectIOn 2-803 C, and to ehmmate the reqUIred foundation landscaplOg along Mandalay Avenue and San
M31CO Street, as a Comprehensive Landscape Program, under the provlSlons of Section 3-1202 G, (2)
Prel1mmary Plat approval (PL T2004-000 16) for four lots, (3) Comprehensive Sign Program approval,
under the provlslOns of SectlOn 3-1807 (SGN2004-09020) ,and (4) the vacatIOn of Beach Dnve (North
Gulf view Boulevard) between San Marco and Baymont Streets
A proposal has been submitted to modify the resldenhal and commerCial portion of the project between
San Marco Street and Baymont Street With the follOWing
FRANK HIBBARD, MAYOR
Bill JO~SQJ\, Vlcr-MAYOR
HoYT HAMil TO,", COUNCII,\tLMBfR
@
)0111\ DORAN COUi\ULI1LMBI R
CARleN A PITF<<SII\ COLNC IDI~\l/lFR
"EQuAI fMPIO)Ml NI AND AJ rlRMATIVl AeIIO," E,\IPIO)I R"
/
,
March 21, 2006
BlOrdl - Page 2
J reVI~lOn of the outside dImensIOns and shape of the high flse bUlldmg (Tower I), mcludmg the
locatIOn of, and SIze of, wmdows clnd balcomes,
b elimmatlOn of the second floor tenant storage umts on the west sIde Instead, the first floor
stordge cabanas have been deSigned wIth a contmuous standmg seam metal rOOm of a color
matchmg the "weathered green" mam roof color ThIs also allowed for Itght and ventilation (WIth
flush mounted alummum shutters) of the second floor of the parkmg garage, and
c. revISion to the wutheast comer of the retail portIOn of the bUlldmg at the mtersectlon of
Mandalay A vtnue and San Marco Street by ehmmatmg the gazebo-like entry feature and rather
squanng off this comer of the buddmg It IS noted that the retaIl square footage was reduced
from 11,000 square feet to 8,306 square feet A central mam entry for the Tower II IS retamed
In accordance with SectlOn 4-406 A o[the Code, the reVISIOns proposed are deemed to be mmor reVISIOns
and are APPROVED These mmor reVlSlons are currently shown on plans submItted to the Development
ServIces Department for BUlldmg PermIt #BCP2005-08421
Should you have any questions, feel free to contact Wayne M WeBs, AlCP, Planner III, at 727-562-4504
Smcerely,
~-'?~/
Mlchael~
Planmng Director
S IPlannmg DeparlmellllC D Hlr LEX (FLD) IhwC11 ve or r In/shed ApplJCQlwnslMarufalay 0500 Sandpem I Resort (n - ApprovedlMandalllY 500
Mmor Re~JS/on:, Letter 3 21 06 doc
ADACHE GROUP ARCHITECTS, ENC
550 SOUTH FEDERAL HIGHWAY
FT LAUDERDALE, FL 33301 USA
TEL 954-525-8133
FAX 954-728-8159
www adaChe com
January 27, 2006
Wayne Wells
CIty of Clearwater, Planmng Department
MUOlclpal Services Bmldmg, 2nd Floor
100 S Myrtle Ave
Clearwater, FL 33756
RE:
Sandpearl Resort
Dear Planmng Department
The followmg IS a list of two changes to the bU11dmg deSign and elevatIOns of the development known as
Sandpearl Resort We request these changes be considered "Mmor RevIsions" to the approved site plan (Permit
# FLA2004-09068 dated 12/14/04) Please note that the final deSIgn and colors are, m our opmlOn, consistent
With the conceptual elevatIOns submitted to and approved by the CDB
ReVise the west elevatIOns of the "ReSidences" (condommJUm portIOn) at the first and second levels A
contmuous standmg seam metal roof has been added at the first level to cover the storage cabanas, along
With deletmg the second level storage rooms along the west edge m order to prOVide a contmuous
openmg (above 42") on the second level, which Will prOVide natural light and ventilatIon mto the second
level parkmg garage We believe tillS plan and elevatIOn change to be mmor, enhances the "Old
FlOrida" look With the standmg seam roof on the beach, and greatly Improves hghtmg and ventilation on
the second level The opemngs on the second level WIll be decorated With an open shutter alummum
gnll for secunty reasons as well as aesthetIcs These shutters will be consistent WIth all other shutter
detailmg the Sandpearl
2 ReVise the southeast comer of the "Retail" portIOn of Sandpearl along Mandalay Avenue The comer
gazebo-like entry feature that was mdICated on the approved site plan has been removed The mam
reason for thiS change was because multIple retail entnes are needed for flexIbIlity m future retail uses,
whICh the smgle comer entry plOt did not prOVide Addlltonally, It was felt thdt squanng of the comer
was more appropnate, as It better dIfferentIates the Tower n residence entry from the retail
Thank you for review of these changes If you have any questIOns, concerns, or need any additIOnal
mformatlon to aid 10 your evaluation please contact me at 954-525-8133
~~.
BlOrdl
Adm\55 0] A \Correspondence\Clearwalcr Plann 109 Dep<lrtment
o ~t~~\J~ 0 I
. I FEB-3m I
1 I
PLANNING & DEVELOPMENT
SERVICES
CITY OF CLEARWATER
JNB/tdk
JMG~
DESIGN AND
DEVELOPMENT, I NC
JMC Design & Development, Inc
516 Mandalay Avenue
Clearwater, FL 33767
Phone (727) 443-6585
Fax (727) 443.3885
TO City of Clearwater
LETTER OF TRANSMITTAL
Date 2/22/2006 JMC Job #
RE lSandoearl Letter of Mmor RevISions
BCP2005-08421
A TT Wayne Wells
o Shop Drwgs
o Copy of letter
o Samples
[KJAttached DUnder separate cover via
the following .tems
Dprmts DPlans
DChange order DSpecs
DOther' See Below
WE ARE SENDING YOU
Copies Date No. DescriptIon
1 Architectural Elevations and Floorplans
1 Letter of Minor RevIsions
1 Color Elevation
THESE ARE TRANSMITTED as checked below
D For Approval
o For your use
[KJAs requested
DApproved as submitted
DAPproved as noted
o Returned for corrections
DFor review & comment
OSlgn & Return
DResubmlt caples for approval
o Return _ corrected prints
o For b,ds due on or before
REMARKS
Wayne,
DSubmlt _ copies for dlstnbutlon (S&S)
Please let me know If you need any other information
Smcerely,
Mike Petagna
By
Michael petagna
CC
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CITY OF CLEARWATER
PlANNING DEPARTMENT
POST OI-FlC.F Box 4748, CI FARWAHR, FIORJDA 33758-4748
MUNICIPAl SrRvrccs BUilDING, 100 SOUTH MYRTl F AVFNUI-., Cr EARWAJ I-R, Fr ORIDA j3756
1 fl FPHON[ (727) 562-4567 FAX (727) 562-4865
loNG RANGF Pl.ANNING
DFYtIOPM[NT REYllcw
February 28,2006
Mr John Hobach
Sandpearl Resort LLClThe ResIdences at Sandpearl LLC
2201 41h Street North
SUite #200
St Petersburg, FL 33704
Re CondItIons of approval for the Environmental Resource PermIt from the
Department of Envlfonmental Protection
Dear Mr Hobach
Weare In receipt a copy of the Department of EnvIronmental ProtectIOn EnVIronmental
Resource Permit (FIle No 52-0249228-001), Issued January 24, 2006 SpeCific
Condition of approval #22 requIres the use of xenscape III areas that are slated for
plantmgs whlch are not collected by the storm water management system (WhICh are
those areas Immediately north and south of Baymont Street that bypass the on-site
treatment systems). By letter to you on January 27, 2006, Mr OctavlO Cabrera, P E ,
With Flonda DeSign Consultants advised you of the need to reVIse the landscape plans for
both the resort and the resIdences to mvolve use of xenscape to be m complIance WIth
thls speCIfic condItIon of approval The purpose of thiS letter IS to express our OppOSItIOn
to the suggested use of mert clean rocks or gravel, etc as an alternatIve In SpeCIfic
CondItIOn #22
Understandmg tnat reVised landscape plans addressmg these condItIons of approval are
probably "m the works," we would be more than happy to dISCUSS any such xenscapmg
changes to the landscape plans for thIS project
Should you have any questIons, feel free to contact me at (727) 562-4504
SIncerely,
6&~ ~:. l;f:f
Planner III
S IPlanmng Depor/men/\e D BlFLtX (FLD)\Jnacllve or FinIshed AppllcatlOlJf\Mandalay 0500 Sandpearl Resorl (1) -
ApprovedlLeller 10 J Hobach re EP A Perml/ ::'pecific CondItIOn of Approval #22 2 28 06 doc
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3030 ,)t lIkey Boulev ud · New POlt Rl(.hev, FI j4655
(727) 819-7508 · F I\. (727) 848-3648. (SOO) 5'32-1047
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Department of
Environmental Protection
Jeb Bush
Governor
Southwest Dlstnct
13051 North Telecom Parkway
Temple Terracel FL 33637-0926
Telephone: 813-632-7600
{( ~.:,
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Colleen M Castille
Secretary
Mr John Hobach
Sandpearl Resort LLC/The ResIdences at Sandpearl LLC
2201 41h Street North
SUIte 200 mN ~4 2006'
St Petersburg, FL 33704
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Re Issuance of Standard General Pemllt
Sandpearl Resort
FIle No 52-0249228-001
Pmellas County
Dear Mr Hobach
Enclosed IS EnvIronmental Resource Penmt, File No 52-0249228-001, Issued pursuant to Part IV of
Chapter 373, Flonda Statute and Chapter 4OD4, Ronda Admuustratlve Code
Appeal nghts for you as the penmttee, the agent authonzed to secure the perrrnt, and for any affected
thrrd party are descnbed m the text of the perrmt, along WIth conditiOns wruch must be met when
penmtted actIVities are undertaken You, as the applIcant, are responSl ble for all aspects of the pemut
comphance You should, therefore, reVIew thIS penUlt document carefully to ensure compliance WIth the
twenty-five (25) general conditions and twenty-seven (27) speCIfic condItions contamed therem
Thank you for your mterest m the penmt process and m managmg the natural resourc,es of the state of
Ronda If you hdve any questlOns, please contact me at (813) 632-7600, extenSIon 393 When refernng to
tJus project, please use the ftle number mdlcated
S~Y~-I~ ~~
R Douglas Hyman, P E
Stormwater Engmeer
Industnal Wastewater
enclosure
"tAore ProtcctlOn Less Process '
P nnted on recycled paper
Department of
Environmental Protection
Jeb Bush
Governor
Southwest Dlstnct
13051 North Telecom Parkway
Temple Terrace, Fl 33637-0926
Telephone . 813-632-7600
Colleen M Castille
Secretary
SUBMERGED LANDS AND ENVIRONMENTAL RESOURCES
ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT
PERMITTEE/AUTHORIZED ENTITY:
Sandpearl Resort LLC/The Residences at Sandpearl LLC
c/o John Hobach
2201 4th Street North
Smte 200
St Petersburg, FL 33704
Perllllt Number
52-0249228-001
Date of Issue J AN 2 4 2 0 0 6
ExpiratlOn Date of Constructlon Phase
JAN 24 2011
County Pmellas
PrOject Surface water management
for a new Resort and Condollllmum
Complex
ThIS penmt IS Issued under the authonty of Part IV of Chapter 373, F S , 40D-4, and TItle 62,
Flonda Adrmillstratlve Code (F A C) The aChvIty IS not exempt from the reqmrement to obtain an
envrronmental resource pernut Pursuant to Operatmg Agreements executed between the Department
and the water management dIstncts, as referenced III Chapter 62-113, FA C, the Department IS
responsIble for revIewmg and takmg final agency action on thiS actiVIty
Tlus pefffilt also conshtutes certification complIance With water qualIty standards under SectlOn
404 of the Clean Water Act, 33 U S C 1344
As staff to the Board of Trustees, the Department has reViewed the aCtiVIty descnbed below, and
has deterrruned the actIVIty IS not on state-owned submerged lands Therefore, your project IS exempt
from the further requrrements of Chapter 253, Flonda Statutes
A copy of tills authonzatlOll also has been sent to the U S Anny Corps of Engmeers (USACOE)
for review The USACOE may requrre a separate pefffilt Fatlure to obtaIn thIS authonzatlOn pnor to
constructIOn could subject you to enforcement actton by that agency You are hereby adVIsed that
authonzatlons also may be reqUired by other federal, state, and local entItles Tills authonzatlon does not
relteve you from the requrrements to obtam all other reqmred permIts and authonzahons
The above named pemuttee 1S hereby authonzed to construct the work shown on the apphcatlOn
and approved drawmg(s), plans, and other documents attached hereto or on file WIth the Department and
made a part hereof ThIS permit IS subject to the limits, conditions, and locations of work shown III
the attached drawings, and is also subject to the attached General Conditions and SpeCific
Conditions, which are a bmdmg part of thiS pernut. You are adVIsed to read and understand these
"1V1ore ProtectlOll Less Process'
Printed on recycled pap e r
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drawmgs and condItIons pnor to commencmg the authonzed aCtlVltIes, and to ensure the work IS
conducted m conformance wIth all the terms, condItlons, and drawlllgs If you are utlhzrng a contractor,
the contractor also should read and understand these drawlllgs and condItions pnor to commencmg the
authonzed actIvIties FaIlure to comply wIth all drawmgs and condItions shall constItute grounds for
revocatIon of the permIt and appropnate enforcement actIOn
OperatIon of the facIilty IS not authonzed except when detennmed to be In confonnance WIth all
apphcable rules and WIth the general and specIfic condltlOns of thiS permIt/certIfication/authorIzatIOn, as
specIfically descnbed below
ACTIVITY DESCRIPTION:
The project consIsts of a surface water management system (SWMS) for a resort and condormnmlli
complex located wIthtn the CIty of Clearwater on 977-acres of coastal uplands The location was
fonnerly the SIte of a hotel-condonnmum complex Although the project mcludes construction of access
road system utIhtles along Ambler St, San Marco St and Baymont St , as well as some modIfication of
these roads, water qualIty and pre-treatment will not be reqUIred for these roads by vtrtue of the fact that
the ImpervlOus area shall be reduced from 1 54 to 0 83 acres In addltlOn, more than one-half of the
Ambler St post-development area shall be accounted for In the Sandpearl resort stonnwater vault
Furthermore, although the total project area IS 977 acres, a 3 89-acre portion of the sIte shall remam In
Its natural state and runoff lssumg from thIS portIon wIn contmue to flow gulf ward away from the 5 88-
acre project dramage basm
The proposed system IS diVided mto three dramage basms totaImg 588 acres Hasill 1 IS the Sandpearl
resort's bmldmg and parkmg garage, and contaills a 2,800 square foot vault With sand filter deSIgned to
treat 7,140 cubIC feet of runoff m excess of the reqUlred 7,079 cubiC feet (3/4" over the 26 acre
contnbuttng dratnage area) Treatment volume IS recovered III approxunately 21 8 hours The resort
treatment vault shall discharge to the eXIsttng Mandalay Avenue system, willch shall be prOVIded WIth a
new outfall at Rockaway Street mto the Clearwater Harbor OFW The dIscharge pipe shall be outfitted
WIth a manatee-safe tJdeflex valve BaSIn 2 IS the Sandpearl resort's swrmmIng pool area, and contams a
1,763 square foot filter treatment bed deSigned to treat 2,384 CUbIC feet of runoff 10 excess of the
reqUITed 2,369 CUbIC feet (3/4" over the 0 87-acre contnbutIng draInage area) Treatment volume IS
recovered In approXImately 5 6 hours The resort poolslde treatment area shall discharge to the eXlstlllg
Baymont Street system that flows due east and dIscharges mto the Clearwater Harbor OFW at the end of
Haymont Street The dIscharge pipe shall be outfitted WIth a manatee-safe tldeflex valve BaSIn 3 IS the
Sandpearl condonumum bUIldIng located between Baymont Street and San Marco Street, and contaIns a
2,295 square foot vault With sand filter deSIgned to treat 6,611 cubIC feet of runoff In excess of the
reqUITed 6,561 cubiC feet (3/4" over the 241 acre contnbutIng dramage area) Treatment volume IS
recovered m approxImately 20 9 hours The condommlUm treatment vault shall dIscharge to the eXlstmg
San Marco Street storm water manhole
The City of Clearwater has approved the Sandpearl development's dramage utility connectIOns to the
City's storm water system
Attenuation for the 25 year, 24 hour deSIgn storm event IS not reqUIred due to stormwater dIsposal mto
the Clearwater Harbor OFW whIch IS tIdally mfluenced
Sandpearl Resort
FDEP Pemut #52-0249228-001
Page 2 of 14
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No Impacts to wetlands or other surface waters are proposed or autboIlzed
The actlVlty shall not take place m a nvenne system 100-year flood plam
The facility IS shown on drawmg set sheets 1-3 & 5-14 entItled "Sandpearl Resort" received at the
Department on December 5, 2005, and drawmg sheet 4 entItled "Sandpearl Resort" receIved at the
Department on December 21,2005 All drawmg sets were prepared by Flonda DeSIgn Consultants, Inc
The project IS located on the west SIde of Mandalay Avenue, between San Marco St and Ambler 5t,
SectIOns 5 & 8, TownshIp 295, Range I5E 10 the CIty of Clearwater, Pmellas Co , FIonda ThIS project IS
located adjacent to the Clearwater Harbor Outstandmg Flonda Water, and therefore the regulated actlVlty
must clearly be m the public mterest
GENERAL/LIMITING CONDITIONS:
1 All actIVItIeS shall be Implemented as set forth m the plans, specifications and performance
cntena as approved by thiS penrut Any deVIatIOn from the penmtted activIty and the conditIOns
for undertakmg that acttvlty shall constItute a VIolatIOn of tins permIt
2 Tills penrut or a copy thereof, complete With all condItions, attachments, exhibIts, and
modIficatIOns, shall be kept at the work SIte of the penmtted activity The complete penmt shall
be avaIlable for reVIew at the work SIte upon request by Department staff The penmttee shall
reqUire the contractor to reVIew the complete permIt pnor to conunencement of the activity
authonzed by tills penmt
3 ActiVIties approved by thIS permit shall be conducted m a manner, willch does not cause
VIOlatIOns of state water qualIty standards The penmttee shall Implement best management
practlces for eroSIOn and a pollutIOn control to prevent VIOlation of state water qualtty standards
Temporary eroSiOn control shall be Implemented pnor to and durmg constructIon and permanent
control measures shall be completed wltlun 7 days of any construction aCtIVIty TurbIdity
barners shaU be mstalled and mamtamed at all locatIons where the pOSSibility of transferrIng
suspended solIds mto the receIVIng waterbody eXists due to the permItted work TurbidIty
barners shall remam m place at all locatIOns untt! constructton IS completed and sarIs are
stablhzed and vegetation has been establIshed Thereafter the penmttee shall be responslble for
the removal of the barrIers The perrruttee shall correct any erostOn or shoalmg that causes
adverse Impacts to the water resources
4 Water quality data for the water discharged from the pefffilttee's property or mto the surface
waters of the state shall be subrrutted to the Department as reqUITed by the permIt Analyses shall
be performed accordmg to procedures outlmed 10 the current edItion of Standard Methods for the
ExammatIOn of Water and Wastewater by the Amencan Public Health ASSOCIatIOn or Methods
for Chermcal Analyses of Water and Wastes by the US Envlfonmental Protecl1on Agency If
water quality data are reqUITed, the permIttee shall proVIde data as reqUITed on volumes of water
discharged, mcludmg total volume dIscharged dunng the days of samplIng and total monthly
volume dIscharged from the property or mto surface waters of the state
5 Department staff must be notified m advance of any proposed construction dewatenng If the
dewatenng aCtIVIty IS hkely to result 10 offstte discharge or sediment transport mto wetlands or
Sandpearl Resort
FDEP PermIt #52-0249228-001
Page 3 of 14
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surface waters, a wntten dewatenng plan must either have been subrmtted and approved wIth the
pemt apphcatlOo or sub nutted to the Department as a pemt pnor to the dewatenng event as a
pemt modIflcatton The pemuttee IS advIsed that the rules of the Southwest Flonda Water
Management Dlstnct state that a water use, penmt may be requued pnor to any use exceedmg the
thresholds In Chapter 40D-2, FA C
6 StabIhzatIon measures shall be ImtIated for erosIOn and sedIment control on dIsturbed areas as
soon as practicable ill portIons of the SIte where constructIon actIvIties have temporanly or
permanently ceased, but In no case more than 7 days after the constructlOn aCtiVIty III that portIOn
of the sIte has temporanly or permanently ceased
7 Off site dIscharges dUrIng constructIon and development shall be made only through the faCIlitIes
authonzed by tills perrmt Water dIscharged from the project shall be through structures havmg a
mechamsm sUitable for regulatmg upstream stages. Stages may be subject to operation schedules
satisfactory to the Department
'\
8 The penruttee shall complete construction of all aspects of the surface water management
system, mcludmg wetland compensatIOn (gradIng mulchmg, pIantmg), water quality treatment
features, and dIscharge control faCilities pnor to benefiCial occupancy or use of the development
bemg served by tills system
9 The followmg shall be properly abandoned and/or removed III accordance WIth the apphcable
regulations
a Any eXIstmg wells III the path of constructIOn shall be properly plugged and abandoned
by a ltcensed well contractor
b Any eXistmg septic tanks on Site shall be abandoned at the begmnlllg of constructIOn
c Any eXIstmg fuel storage tanks and fuel pumps shall be removed at the begmrung of
constructIOn
10 All surface water management systems shall be operated to conserve water 10 order to mamtam
envuonmental quahty and resource protectIOn, to increase the effiCiency of transport, applicatIOn
and use, to decrease waste, to mmllIllze unnatural runoff from the property and to rmntITlue
dewatermg of off SIte property
11 At least 48 hours pnor to commencement of actiVlly authonzed by thts pernut, the penmttee
shall subnut to the Department a wntten notification of commencement usmg an "EnVironmental
Resource Pernut ConstructIOn Corrunencement" noilce (Form No 62-343 900(3), F A C )
mdlcatmg the actual start date and the expected completIOn date
12 Each phase or Independent portion of the pemutted system must be completed m accordance
With the penrutted plans and penrut conditIOns prior to the occupatIon of the Site or operatIOn of
site mfrastructure located wlthm the area served by that portion or phase of the system Each
phase or Independent portion of the system must be completed m accordance WIth the pernutted
plans and perrrut condItions pnor to transfer of responSIbIlity for operation and mamtenance of
that phase or portIOn of the system to a local government or other responSIble entIty
13 Wlthm 30 days after completIOn of constructlOn of the penrutted actIVIty, the perrruttee shall
subnut a wntten statement of complel1on and certificatlOn by a registered profeSSIonal engmeer
or other appropnate mdlVtdual as authonzed by law, utllizmg the requtred "EnYlronmental
Resource Perrmt As-Bmlt CertIfIcatIOn by a Registered ProfeSSIonal" (Form No 62-343900(5),
FA C), and "Request for Transfer of EnvlIonmental Resource Permtt ConstructIOn Phase to
Sandpearl Resort
FDEP Permit #52-0249228-001
Page 4 of 14
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OperatIOn Phase" (Form 62-343-900(7), FA C) AddItIOnally, If deviatIOn from the approved
drawmgs IS dIscovered dunng the certIficatIOn process a copy of the approved penrut drawmgs
must accompany the certlficatlOn wIth devIatlOns noted
14 Tills per1ll1t IS valId only for the specIfic processes, operatIOns and deSIgns mdIcated on the
approved drawmgs or exlubIts subII1ltted III support of the penrut applIcation Any substantIal
deVIatIOn from the approved drawmgs, exillbns, specIficatIons or perntlt conditIons, mcludmg
constructIon wIthm the tota1land area but outsIde the approved project area(s), may constItute
grounds for revocatIon or enforcement actIOn by the Department, unless a modIficatIOn has been
apphed for and approved Examples of substantIal deVIatIons mclude excavatIon of ponds,
ditches or sump areas deeper than shown on the approved plans
15 The operatIOn phase of thIs pernut shall not become effectIve untIl the pernuttee has complIed
With the requuements of the condItIOns herem, the Department determmes the system to be m
comphance With the perrmtted plans, and the entIty approved by the Department accepts
responsibility for operatIon and mamtenance of the system The perntlt may not be transferred to
the operatIOn and mamtenance entIty approved by the Department until the operation phase of
the pefilllt becomes effectiVe Followmg mspectlon and approval of the pefillltted system by the
Department, the perrruttee shall request transfer of the penrut to the responsIble operatIOn and
mamtenance entIty approved by the Department, If dIfferent from the permittee Unttt a transfer
IS approved by the Department pursuant to SectIOn 62-343 11O(1)(d), FA C , the pemnttee shall
be lIable for comphance With the tenus of the permit
16 Should any other regulatory agency requue changes to the permttted system, the Department
shall be notified of the changes pnor to ImplementatIOn so that a determmatIOn can be made
whether a permit modIficatIon IS requued
17 ThIS permit does not ellllunate the neceSSIty to obtam any reqUIred federal, state, local and
speCial dIstrICt authonzatlons mcludmg a determmatIon of the proposed actiVItIes' complIance
WIth the applicable comprehenSive plan pnor to the start of any actlVlty approved by thts permit
18 ThiS perrmt does not convey to the pefDllttee or create III the perrmttee any property nght, or any
mterest lU real property, nor does It authonze any entrance upon or activItIes on property WhIch
IS not owned or controlled by the penruttee, or convey any nghts or pnvdeges other than those
speCified 10 the penmt and Chapter 40D-4 or Chapter 40D-40, F A C
19 The perrmttee IS hereby adVised that Section 25377, F S , states that a person may not commence
any excavatIon, constructIOn, other aCtiVIty mvolvmg the use of sovereIgn or other lands of the
state, the title to which IS vested 10 the Board of Trustees of the futemal Improvement Trust Fund
wIthout obtammg the reqUired lease, lIcense, easement, or other form of consent authonzmg the
proposed use Therefore, the permIttee IS responSIble for obtammg any necessary authonzatIOns
from the Board of Trustees pnor to cornmencmg actIVIty on sovereIgnty lands or other state-
owned lands
20 The perilllttee shall hold and save the Department harmless from any and all damages, claims, or
lIabIlItIes willch roay anse by reason of the activities authOrIzed by the penmt or any use of the
pemutted system
21 Any dehneatlOn of the extent of a wetland or other surface water sublllltted as part of the penrut
apphcahon, mcludmg plans or other supportrog documentation, shall not be conSIdered bmdmg
Sand pearl Resort
FDEP Permrt #52-0249228-001
Page 5 of 14
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unless a speCific condItion of tills pernnt or a formal detenrunatlon under sectlOn 373421(2),
F S , provIdes otherWIse
22 The permittee shall notIfy the Department m wntmg wlthm 30 days of any sale, conveyance, or
other transfer of oWllersmp or control of the permitted system or the real property at whIch the
perillltted system IS located All transfers of ownersrup or transfers of a penrut are subJect to the
requIrements of section 62-343 130, FA C The perrruttee transfernng the pemut shall remam
lIable for any corrective actions that may be reqUIred as a result of any penntt VIOlatIons pnor to
such sale, conveyance or other transfer
23 Upon reasonable notice to the permittee, Department authonzed staff With proper IdentificatIOn
shall have permission to enter, inspect, sample and test the system to lllsure couforrmty WIth
Department rules, regulatlOns and condItIOns of the pernnts
24 If illstoncal or archaeologIcal artIfacts are discovered at any time on the project sIte, the
penntttee shaH mnnedlately notIfy the Department and the Flonda Department of State, DIVISIon
of HtstoncaI Resources
25 The penmttee shall nnmedIately notIfy the Department 10 wntmg of any prevIOusly subillltted
mformatlon that IS later dIscovered to be maccurate
SPECIFIC CONDITIONS:
1 All submIttals reqUIred herem shall be drrected to
Department of Environmental Protection
EnVIronmental AdmlOlstrator
Submerged Lands & Envuonmental Resources
Southwest DIStrict
13051 Telecom Parkway
Tampa, FL 33637-0926
hereafter referred to as "the Department" Such subI1llttals Include, but are not lmllted to, record
drawmgs, progress reports, IIl1t1gahon momtonng reports and water qualIty momtonng reports
All subnuttals shalllOcIude the perrmttee's name and permtt number
2 The perrruttee shall be aware of and operate under #1 through #25 of the attached
"GenerallLmutmg CondItIOns for Envuonmental Standard General and indIVIdual Penruts"
GeneraVLIII1ltmg Perrmt CondItIons are bmdmg upon the pemnttee and enforceable pursuant to
Chapter 403 of the FIonda Statutes
3 lithe approved penrut, drawmgs and the SpeCific ConditIOns contradtct each other, then the
Speclfic ConditIons shall prevaIl
4 In the event that the permtttee files for bankruptcy pnor to completion of all work permttted and
requued by tills penrut, the penmttee must notlfy the Department wltrun 30 days of filmg The
notIficatIon shall IdentIfy the bankruptcy court and case number and shall mclude a copy of the
bankruptcy petItIOn
Sand pearl Resort
FDEP Permit #52-0249228-001
Page 6 of 14
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)
5 The pefllllttee IS hereby adVIsed that Flonda law states "No person shall commence any
excavation, constructIOn, or other aCtiVIty mvolvmg the use of sovereIgn or other lands of the
state, title to willch IS vested In the Board of Trustees of the Internal Improvement Trust Fund or
the Department of Envlfonmental Protechon under Chapter 253, WltlI such person has received
from the Board of Trustees of the Internal Improvement Trust Fund the reqUlred lease, hcense,
easement, or other form of consent authonzmg the proposed use 11 Pursuant to Rule 18-
14002(1), Flonda AdrmtllstratIve Code, If such work IS done wIthout consent, or If a person
otherwIse damages state land or products of state land, the Board of Trustees may levy
admtllistratIve fmes of up to $10,000 per offense
6 The structure/work authonzed by thiS perrmt shall not be placed/conducted on any property, other
than that owned by the pefffi1ttee, WIthout the pnor wntten approval of that property owner
7 The permittee IS responsIble for retammg a profeSSIOnal engmeer registered m the State of
Flonda to certIfy that the constructIOn of the project IS III compltance WIth the approved permtt
plans
8 The permittee shall notify the Department III wntmg Wlthm 14 days of any change 10 agents
deSignated 10 the approved pemt applicatIOn
9 Subsequent to the selectIOn of the contractor to perform the authonzed actIvity and pnor to the
ImtiatIOn of work authonzed by thIs penrut, the penmttee, (or authonzed agent) and the
contractor, shall attend a pre-construction conference WIth a representative of the Department's
Submerged Lands and EnVironmental Resources staff The permittee shall notIfy the Department
m wntIng subsequent to contractor selectlOn to request schedulmg of the subJect conference
10 Progress reports for the proJect shall be submItted to the Department begmnlllg February 28,
2006 and shall contmue to be sublllltted every SIX (6) months untIl all pemtted constructIOn of
the proJect IS completed Progress reports must be subrmtted to the Department even If there IS
no ongomg constructlOn Reports shall mclude the current proJect status and the constructIOn
schedule for the followmg SIX (6) month peood
The report shall mclude the followmg mformahon
a Date pemntted actIVity was begun, If work has not begun on-SIte, please mdIcate
b Bnef descnptIOn and extent of the work (I e , dredge, fill, momtonng, lllltlgatlon,
management, mamtenance) completed smce the prevlOus report or smce the permIt
was Issued Show on caples of the pefilllt drawmgs those areas where work has been
completed
c Bnef descnptIOn and extent of the work (I e dredge, fill, momtonng, management,
maIntenance) antICIpated III the next SIX months IndIcate on copIes of the pefilllt
drawmgs those areas where It IS anticIpated that work will be done
d Tills report shallmclude on the fust page, Just below the title, the certification of the
followmg statement by the mdlvldual who supervIsed preparatIOn of the report
"Tills report represents a true and accurate descnptlOn of the actIVIties conducted
dunng the SIX months penod covered by thIs report "
11 All drawmgs, record drawmgs, land surveys and as-bUIlt surveys reqUIred herelU shall be
Sandpearl Resort
FDEP Perrrnt #52-0249228-001
Page 7 of 14
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Cerhfied by a ProfessIOnal Engmeer or RegIstered Land Surveyor, as appropnate, regIstered m
the State of Flonda.
12 The peflIllttee shall subIllit two copIes of sIgned, dated and sealed as-butlt drawmgs to the
Department for reVIew and approval wIthtn 30 days of completlOn of constructIon The as-bUIlt
drawmgs shall be based on the Department permItted constructIon drawmgs, willch should be
reVIsed to reflect changes made durmg constructIon Both the onglOal design and constructed
elevatIOn must be clearly shown The plans must be clearly labeled as "as~bUl1t" or "record"
drawmgs Surveyed dimenSIOns and elevatIOns reqUired shall be venfied and SIgned, dated and
sealed by a Plonda regIstered surveyor or engmeer Record drawmgs shall mc1ude the Invert
elevatIOns of all culverts, controllmg elevatIOns of all permItted structures as shown In the
peflIlltted drawmgs, and tIdeflex valve detaIl As-bullts shall be submItted to the Department
regardless of whether or not devlattons are present In addltton to the "As-bUilt Certificatton"
fonn, the penmttee shall submit the "Request for Transfer of Envlronmental Resource Pennlt
Constructton Phase to Ope ratIOn Phase" as requlred In General ConditIOn #13
The followmg lllforrnatlon shall be venfied on the as-bUilt drawmgs
From the engmeered, SIgned and sealed 8 5' x 11" drawmgs
OctavlO Cabrera, P E ,#14663
December 02,2005
Plan VIew/Cross-SectIOn
Sandpearl Resort Pavmg, Gradmg and Dramage Plan
South Parcel
Prom the engmeered, SIgned and sealed 8 5' x 11" dra wmgs
OctavlO Cabrera, P E ,#14663
December 02, 2005
Plan VIew/Cross-Section Sheet/Page Number
Sandpearl Resort Pavmg, Oradmg and Dramage North Parcel 8
Sandpearl Resort Pavmg, Oradmg and Dramage Details (All) 12
Sand pearl Resort Pavmg, Gradmg and DralUage Pool Resort DetaIl 13
Sheet/Page Number
9
13 Best management practIces for erOSIOn control shall be unplemented pnor to constructIOn and
mamtamed at all times durmg constructIon to prevent stltatlon and turbId discharges III excess of
State water qualIty standards pursuant to Rule 62-302, F A C Methods shall mclude, but are not
llII1lted to the use of staked hay bales, staked filter cloth, soddmg, seedmg, and mulchmg,
staged constructIOn, and the InstallatIOn of turbidIty screens around the nnmedmte project site
ErOSion control methods shall be Implemented prIor to constructIOn as depicted m Sheet 4,
"Sand Pearl Resort SIte Plan Honzontal Control & EroSIOn Control North Parcel" Flonda DeSign
Consultants, Inc , Job No 997~250 dated December 02, 2005, Sheets 5 & 6, "Sand Pearl Resort
Site Plan Honzontal Control & EroSIOn Control South Parcel", Flonda DeSIgn Consultants, Inc ,
Job No 997-250 dated December 02, 2005, and sheet 7 of 14, "SWPPP", Flonda DeSIgn
Consultants, Inc, Job No 997-250 dated December 20, 2005. 2005, of the attached perrmt
drawmgs, attached hereto and lllcorporated herem
14 Grass seed. mulch, or sod shall be lllstalled and mamtallled on exposed slopes and disturbed SOlI
areas WithIn 48 hours of completmg [mal grade, and at other hmes as necessary, to prevent
eroSIOn, sedimentatIon or turbid dIscharges mto waters of the state and/or adJacent wetlands A
vegetatIve cover that stabIlIzes and prevents erOSIon of the fill
Sandpearl Resort
FDEP Perrrut #52-0249228-001
Page 8 of 14
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/
'"
.
matenal shall be estabhshed w)thm 60 days of soddmg or seedlOg TurbIdIty bamers/erosIon
control devIces shall be removed upon estabhshment of a substantIal vegetative cover
15 The pemnttee shall notify the Department of any smkhole development 10 the surface water
management system wIthm 48 hours after dIscovery and must subrrut a detalled smkhole
evaluatIon and reparr plan for approval by the Department wItrun 30 days of dIscovery
16 Pnor to mstallatlon of all filter media, the pemnttee shall subrrut test results, from a certlfied
mdependent laboratory, of the medIa matenal that WIll be used m constructlOn of the stormwater
treatment system, to the Department The test shall address the followmg filter medIa
parameters umforrmty coeffiCIent, effecttve gram Size, SIeve analYSIS, percent SlIts, clays, and
orgamc matter, and permeabIhty test (constant head) If the test results mdIcate that the actual
permeabIhty rate IS less than the value used m the permItted deSign or If any of the parameters do
not meet the deSign standards lIsted m Section 52 b 3 of the Basts of ReView, then a permit
modIfication will be requued to bnng the treatment system mto comphance
The engmeer of record shan certIfy that the filter medIa used m constructIon of the treatment
system IS of same source as IDatenal used for the certIfied laboratory test
The permittee shall notify the Department at (813) 632-7600, at least 48 hours pnor to
commencement of constructIon of thIS system so that Department staff may observe the
constructIOn actiVIty
17 Turtle Lightmg. The followmg condItIOns shall be reqUIred for the protectIOn of manne turtles
a) All permanent extenor hghtmg shaH be mstalled and mamtamed as depicted on the approved
lIghtmg schematiC and cut sheets stamped and approved "FISH AND WJLDLIFE
CONSERVATION C011MISION APPROVED LIGHTING PLAN" SIgned and dated
October 4, 2005 No addIttonal exterIor lIghtmg IS authonzed (Plea<;e note Beachslde
balcony fixtures must be speCified WIth 40 Watt maxtmum yellow "bug" lIghts INe or 15
Watt maXImum yellow/amber filter fluorescent)
b) If any of the hghts become vlSlble from the beach or dIsonent nestmg or hatchlIng sea turtles
at any time, they must be modified such that they are no longer v1S1ble from the beach
c) Tmted glass or film WIth a VISIble hght transmittance value of forty-five (45) percent or less
shall be applIed to all wmdows and doors WIthIn hoe of SIght of the beach
d) SWllnmmg pool lIghts must be turned off from 10 OOPM to sunnse while the pool IS closed
durmg turtle nestmg season (May 1st - October 31 Sl) The use of an automatic tuner IS
acceptable
e) Tills recommendatIOn for approval apphes only to the extenor lights that appear on the above
referenced lightIng plan If any addItlonal lights are planned for thIs proJect, a perrmt
modIficatIon must be apphed for along With an addItIonal hghtmg reVIew by the FWCC,
Bureau of Impenled Species Management Please contact :Mr Dean Gallagher of the
lmpenled SpeCIes Management SectIOn of the FFWCC at (850) 922-4330 or bye-maIl
drrectly at dean Galla?her@fwc state f1 us, If additional mformatIOn or gUIdance IS reqUired
Sandpearl Resort
FDEP Perrrut #52-0249228-001
Page 9 of 14
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18 Maintenance of Storm Drainage System. Maintenance of the storm water system IS the
responslbJluy of the Residences at Sandpcarl Resort Owner's AssocIation, Inc., to ensure that It
operates as deSigned A mallltenance schedule lllcorporatlllg the elements of the Sandpearl Resort and
Condorrumums STORM\V ATER MANAGEMENT FACILITIES OPERATION AND MAlNTENANCE
CHECKLIST & the Department's Operation and Mamtenance InstructIOns, both attached hereto and
mcorporated herem shall be Implemented to ensure that the stann water management system IS
functIOnlllg as deSIgned The apphcant shall subrrut caples of the follOWing documents, III their final
form, eIther (1) wlthm 180 days after begmnmg construction or WIth the State of Completion and as-
bmlt constructIon plans If constructIOn IS completed pnor to 180 days, or (2) pnor to llmt sales,
whIChever comes ftrst
(I) ArtIcles of InCorporatIOn for the aSSOCIatIon and the declaratIOn of condommmm
(11) Copy of acceptance letter from the Department of BUSllless and ProfesslOnal RegulatlOn,
DIVISIOn of Ronda Land Sales, Condorrumums and Mobtle Homes, statIng that the
documents are proper for fillllg
19 Best management practices for eroSIOn control shaU be Implemented pnor to constructIon
commencement and shall mamtamed at all tImes dunng constructIOn to prevent SIltation and
turbId dIscharges m excess of State water quality standards pursuant to Rule 62~302, F.A.C.
Methods shall Include, but are not hII1lted to the use of staked hay bales, staked filter cloth,
soddmg, seedmg, staged construcUon and the mstallatlon of turbidity screens around the
llnmedlate proJect SIte
20 The penruttee shall be responslble for ensuflng erOSIOn control deVIces/procedures are Inspected
and mamtamed dally dUflng all phases of constructlOll authonzed by thiS perrrnt until areas
dlsturbed dUflng construction are suffiCiently stabrhzed to prevent eroSIon, siltatIOn, and turbId
discharges
The follOWing measures shall be taken nnmedlately by the perrmttee when turbIdity levels wIthm
OFW waters of the State surroundmg the project SIte, exceed cXlstmg ambient water quality,
and no mixing zone IS granted for thiS project
a Immediately cease work contnbutmg to the water quahty VIOlatIon
b Stabthze exposed SOlis contnbutmg to the VIOlatIon ModIfy the work procedures
responsible for the vlOlatlOn, mstall additIonal turbIdIty contamment deVIces and repair non-
functIonmg turbldlty contamment deVIces
c NotIfy the Department wlthm 24 hours of the tIme the VIOlatIOn IS first detected
21 Wetland areas or water bodies, WhICh are outSide the speCific hrmts of construction authonzed by
thIS perrrnt, must be protected from erOSion, SIltatIOn, scourmg andJor dewaterlllg There shall be
no discharge In VIOlatIon of the water quahty standards In Chapter 62-302, Ronda
Adnumstrattve Code TurbidIty/erosion controls shall be Installed pnor to cleanng, excavation
or placement of fin matenal, shall be mamtalOed unttl constructIOn IS completed, dtsturbed areas
are stabIhzed, and turbIdity levels have fallen to less than ambient levels. The turbIdIty and
erOSIOn control deVIces shall be removed wIthm 14 days once these condItIOns are met
Sand pearl Resort
FDEP Permit #52-0249228-001
Page 10 at 14
22 Xenscapes are requrred m areas WhICh are slated for plantmgs WhICh are not collected by the
storm water management system Xenscapes generally requue less or (preferably) no
fertI1Izerfherblcldes and fewer pest control or (preferably) no pest control measures than
tradItIOnal landscapes Because pestICides and fertIhzersfherbIcIdes can madvertently harm
beneficIal orgamsms, as well as Impact au and water quahty, elllmnatmg or reducmg theIr use IS
preferable As an alternatIve, the permIttee may forgo plantmgs, preserve the pervIOus surfaces
for runoff mfiltratIOn and polluhon abatement, elunmate any possibilIty of fertllizer-pestrclde-
herblClde apphcahon and stablhze by applymg mert clean rocks or gravel, etc
23 The Operation and Mallltenance EntIty shall subrmt inspectIon reports III the fonn reqUIred by the
Department, FDEP Form # 62-343 900(6), InspectLOn CertificatIOn
For effluent filtratIon or exfiltratIon (mc1udmg vaults and filter treatment bed) 18 months after
operatIOn IS authonzed and every 18 months thereafter
24 The access roadways and aSSOCiated easements shall be fitted With the reqUITed best management
eroSIOn and sedlmentatlOn control deVIces dunng utIhty construction and roadway modIficatIOns
as referenced and reqUIred by the NPDES Storm Water Pollution PreventIOn Plan The
department shall be notIfied m wntmg If the pollutant loadmg profile slgmficantly lUcreases over
tIme, on the fimshed roadway surfaces
25 If dunng the progress of thIS proJect prehIstOrIC or hlstonc artifacts, such as pottery or ceraffilCS,
stone tools or metal Implements, dugout canoes, or any other phYSIcal remalllS that could be
aSSOCiated WIth NatIve Amencan cultures are encountered at any time wIthm the proJect SIte
area, work should cease III the nnmedlate VICIUlty of such dlscovenes The penruttee, or other
deSignee, should contact the Flonda Department of State, DIVISion of Histoncal Resources,
ReVIew and Comphance SectIOn at 850/245-6333, or 800/847-7278, as well at the Department at
813/744-6100 ProJect actIVItIes should not resume wlChout verbal and/or WrItten authonzatlOn
from the DIVISion of HistOrIcal Resources
In the event that any unmarked human remams are encountered anywhere on the subJect property,
all work shall stop nnmedIately and the proper authontles notIfied m accordance WIth SectIOn
87205, Flonda Statutes The pemnttee, or other deSIgnee, should contact the authonty Cited III
thIS SectIOn Thereafter, proJect actlvltres should not resume WIthOut verbal andJor wntten
authonzatIOn from the deSIgnated offiCIal
26 The authonzed storm water management system shall be completed pnor to or SImultaneously
WIth aSSOCIated upland development Occupation of the SIte shall be III accordance WIth General
CondItIOn 13
27 The lssuance of thIS EnVironmental Resource Pemnt does not constItute the review or approval
of a NPDES Storm water penmt or Pollution PreventIOn Plan ConstructIOn actiVItIeS that
disturb more than one (1) acres of land are reqUIred to obtam a NPDES peDlllt Penruttee IS
adVised to contact the Department's NPDES storm water program at (850) 245-7522 pnor to the
commencement of any construction
Sandpearl Resort
FDEP Pernut #52-0249228-001
Page 11 of 14
RIGHTS OF AFFECTED PARTIES
Trus permIt IS hereby granted ThIs actIOn IS final and effective on the date filed WIth the Clerk of
the Department unless a suffiCIent petItIon for an admInistratIVe heanng IS timely filed under sectIOns
120569 and 12057 of the Flonda Statutes as proVIded below If a suffiCIent petition for an
adnllDlstratlve heanng IS trmely filed, thIs action automatically becomes only proposed agency actIon on
the appltcatIOn, subJect to the result of the adII1lUlstratIve reVIew process Therefore, on the filmg of a
timely and suffiCIent petItlOn, thiS actIOn Will not be final and effective untIl further order of the
Department Because an adnuDlstratlve heanng may result m the reversal or substantIal modification of
tills action, the apphcant IS adVised not to commence constructIon or other actIVItIes until the deadlmes
noted below for fihng a petItion for an adlllilllstratlve heanng or request for an extenSIOn of time have
expued
MedIation IS not avatlable
A person whose substantIal mterests are affected by the Department's actIon may petItlOll for an
adffillllstratlve proceedmg (hearmg) under sectIOns 120569 and 12057 of the Flonda Statutes The
petItIon must contam the lllfonnatIOll set forth below and must be filed (receIved by the clerk) III the
Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mall Statton 35,
Tallahassee, Flonda 32399-3000 Mediation may also be pursued as speCified below
Under rule 62-110 106(4) of the Flonda AdnnmstratIve Code, a person whose substantial
mterests are affected by the Department's actIon may also request an extenSIOn of tIme to file a petItIOn
for an adnumstratIve heanng The Department may, for good cause shown, grant the request for an
extenSIon of time Requests for extenSIOn of time must be filed WIth the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mall StatIOn 35, Tallahassee, Flonda 32399-3000,
before the applIcable deadlme A timely request for extenstOn of tune shall toll the runnmg of the tIme
penod for filmg a petItIon untIl the request IS acted upon If a request IS filed late, the Department may
stIll grant It upon a motion by the requestlllg party showmg that the failure to file a request for an
extenSIOn of time before the deadlme was the result of excusable neglect
If a tImely and suffiCIent petttIOn for an ad1ll1111stratlve heanng IS filed, other persons whose
substantIal mterests WIll be affected by the outcome of the admilllstratlve process have the nght to
petitIon to mtervene III the proceedmg InterventIOn wIll be penrutted only at the dIscretIOn of the
presldmg officer upon the filmg of a motIon III complIance WIth rule 28-106205 of the Flonda
AdilllDlstratIve Code
In accordance with rules 28 -106 111(2) and 62-11 0 106(3)( a)( 4), petltlons for an admlllIstrahve
heanng by the apphcant must be filed wIthm 21 days of receipt of thIS wntten notlce Petitions filed by
any persons other than the apphcant, and other than those entItled to wntten notice under sectIOn
12060(3) of the Flonda Statutes, must be filed Wlthm 21 days of pubhcatIon of the notice or WIthIn 21
days of receIpt of the wntten notice, whichever occurs fust Under sectIon 12060(3) of the Flonda
Statutes, however, any person who has asked the Department for notice of agency action may file a
petitIon Wlthm 21 days of receipt of s ach notIce, regardless of the date of publIcatIOn
The petItIoner shall mall a copy of the petitIOn to the appltcant at the address mdlcated above at
the time of filmg The fallure of any person to file a petItIon for an ad1ll1111stratIve heaTIng or pursue
medmtlon as proVIded below wlthm the appropnate tIme penod shall constItute a waIver of those nghts
A petItion that disputes the matenal facts on wruch the Department's actIOn IS based must
conta.J.n the followmg mfonnatIOn
(a) The name and address of each agency affected and each agency's file or Identlficatlon
number, If known,
Sandpear! Resort
FDEP PermIt #52-0249228-001
Page 12 of 14
(b) The name, address, and telephone number of the petItIOner, the name, address, and
telephone number of the petitIOner's representatIve, If any, whIch shall be the address for
service purposes dUflng the course of the proceedmg, and an explanatIon of how the
petltlOner's substantial mterests are or WIll be affected by the agency detenmnatIOn,
(c) A statement of when and how the petitioner receIved notIce of the agency declSlon,
(d) A statement of all dIsputed Issues of matenaI fact If there are none, the petitIOn must so
llldlcate,
(e) A concise statement of the ultimate facts alleged, mcludmg the speclfic facts that the
petI tloner contends warrant reversal or modification of the agency's proposed actIOn,
(f) A statement of the speClfic rules or statutes that the petItIOner contends requIre reversal
or modIficatIOn of the agency's proposed actlOn, and
(g) A statement of the rehef sought by the petitIoner, statmg preCisely the actIOn that the
petItIOner WIshes the agency to take With respect to the agency's proposed actIOn
A petltlon that does not dispute the matenal facts on wruch the Department's actIOn IS based
shall state that no such facts are m dIspute and otherWIse shall con tam the same mforrnauon as set forth
above, as reqUIred by rule 28-106 301
Under sectIons 120 569(2)( c) and (d) of the Flonda Statutes, a petltlon for admmistratl ve heaTIng
must be dismissed by the agency If the petitIOn does not substantIally comply WIth the above
requuements or IS untImely filed
In addItion to petttloTIlng for an ad1ll1ntstratlve heanng, any person who has preVIOusly filed a
petitIOn for an adnumstratlVe heanng may pursue medIatIon If a wntten medIation agreement WIth all
parties to the proceedmg (I e , the applIcant, the Department, and any person who has filed a tImely and
suffiCIent petitIOn for a heanng) IS filed WIth the Department wIthm 10 days after the deadIllle for filmg a
petitIOn for an admInIstrative heanng, the time hnutatlOlls Imposed by sections 120569 and 12057 shall
be tolled to allow medIatIOn to proceed The agreement must contalll aU the mformatlOn requued by rule
28-106 404 The agreement must be received by the clerk m the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mall StatIOn 35, Tallahassee, Flonda 32399-3000,
before the deadlme noted above Pursumg mediation Will not adversely affect the nght to a heanng If
medIatIon does not result m a settlement
Unless otherWIse agreed by the partIes, the medIatIOn must be concluded wItrun sixty days of the
executIOn of the agreement If mediatIOn results m settlement of the adrrumstratIve dispute. the
Department must enter a final order mcorporatlllg the agreement of the parties As noted above, persons
seekmg to protect theIr substantIal Interests that would be affected by such a [mal deciSIon modIfied
through medIatron must file theu petItIOns Wlthm 21 days of receIpt or pubhcation of thiS notice as
prOVIded above, or they shall be deemed to have waived theu nght to a proceedmg under sectIOns
120569 and 12057 If medlatlon termmates Without settlement of the dispute, the Department shall
notIfy all partles 10 wntlng that the adnumstrattve heanng processes under sectIons 120569 and 12057
remam available for dispOSItIon of the dIspute, and the notlce WIll speCIfy the deadlmes that then WIll
apply for challengmg the agency actIOn and electmg remedIes under those two statutes
Tills perilllt constItutes an order of the Department Subject to the provlSIons of paragraph
12068(7)(a) of the F10nda Statutes, wruch may requIre a remand for an admmIstrahve hearmg, the
apphcant has the nght to seek JudiCial reVIew of the order under section 12068 of the Flonda Statutes,
by the filmg of a notIce of appeal under rule 9 110 of the Flonda Rules of Appellate Procedure WIth the
Clerk of the Department m the Office of General Counsel, 3900 Commonwealth Boulevard, Mall StatIOn
35, Tallahassee, F1onda, 32399-3000, and by filIng a copy of the notIce of appeal accompamed by the
apphcable filmg fees WIth the appropnate dIStnct court of appeal The notlce of appeal must be filed
wIthtn 30 days from the date when the order IS filed WIth the Clerk of the Department The appltcant, or
any party wlthm the meanmg of sectlOn 373 114(1)(a) or 373 4275 of the Flonda Statutes, may also seek
Sandpearl Resort
FDEP PermIt #52-0249228-001
Page 13 of 14
appellate reVIew of the order before the Land and Water AdJ udlcatory ComrmssIon under sectIOn
373 114(1) or 3734275 of the Plonda Statutes Requests for reVIew before the Land and Water
AdJudicatory ComrmsslOn must be filed WIth the Secretary of the Comrrusslon and served on the
Department wIthm 20 days from the date when the order IS filed WIth the Clerk of the Department
Executed m Tampa, Flonda
STATE OF FLORIDA DEP ARTMENT
OF ENVIRONME AL PROTECTION
,
Deborah A Getzoff
DIstrIct DIrector
Southwest DIStrict
cc
:Mr OctavlO Cabrera P E ,Flonda DeSign Consultants, Inc 3030 Starkey Boulevard, New Port RIchey, FL 34655
Jessica Klemfelter, FDEP Tallahassee, NPDES Section
Ann Richards, Bureau of Impenled Species Management (Manatee ProlectlOn), FFWCC,
Tallahassee, FL
Dean Gallagher, Bureau of Impenled Species Management, FFWCC (Marme Turtle PrOleC110n), Tallahassee, R
Attachments
J omt ERP ApphcatlOn, 5 pages
ProJect LocatIOn Map, 1 page
ProJect Drawmgs, 8 pages
OperatIOn and Mamtenance InstructlOns
ConstructIOn commencement notIce/62-343 900(3)
As-bUIlt certlficatlOn/62-343 900(5)
InspectIon certlficatlOn/62-343 900(6)
Transfer constructIOn to operatIon phase/62-343 900(7)
CCCL final Order, 3 pages
CERTIFICATE OF SERVICE
The undefSlgned duly deSignated deputy clerk hereby certifies that thIS penrut, lUcludmg all
caples were malled before the close of busmess on \ I ~ L\. , 2006, to the above
hsted persons
Fll..ING AND ACKNOWLEDG1vIENT
FlLED, on thiS date, pursuant to 120 52(9), Flonda Statutes, With the deSignated Department Clerk,
receipt of wh>ch IS hereby acknowledged [Vl
LLr~ \!~'1JDb
Clerk Date
Sandpearl Resort
FDEP Penmt #52-0249228-001
Page 14 of 14
ENVIRONMENTAL RESOURCE
PERMIT ApPLICATION
SOUTHWEST FLORIDA WA TER
MANAGEMENT DISTRICT
2379 BROAD STREET. 8ROOKSVILLE, FL 34604 6899
{352} 796 7211 OR FLORIDA WATS 1 (800} 423-1476
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SECTION A
PART 1:
Are any of the actIVities deSCribed In thiS apphcatlOn proposed to occur In, on, or over wetlands or other surface waters? a
yes B no
Is thiS application bemg filed by or on behalf of an entity eligible for a fee reduction? Dyes Iil"'no
PART 2
A Type of Environmental Resource Permit Requested (check alleast one)
o Noticed General - Indude mformatlon requested m Section B
o Standard General (smgle family dwellmg)-mclude Informahon requested m Sectlons C and 0
~ Standard General (all other prOJects} - Include information requested In Sections C and E
o Standard Genera! (minor systems) - mclude Information requested In Sections C and H
o Standard General (borrow pits) - Include H1formahon requesled In Sectlolls C and I
o IndiVIdual (Single family dwelling) - Include Information requested In Sectlons C and 0
o IndiVidual (all other projects) - Include Informallon requested In Sections C and E
o IndiVidual (borrow pitS) -Include Information requested In Sections C and I
o Conceptual - Include informatIOn requested In Secllons C and E
o MItigation Bank (construcllon) - Include Infonnallon requested In Section C and F
(If the proposed mltlgahon bank Involves the construction of a surface water management system requiring another permit
listed above, check the appropnate box and submit the Informallon requested by the applicable secllon )
o Mitigation Bank (conceptual) - mclude ,nformallon requested In SectIOn C and F
IIPP:;'~' 'cD
ST;.-;-E Of FLOR'DiI.
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B Type of actiVity for whIch you are applYing (check at least one)
j;3 Construcilon or operahon of a new system, Including dredging or fillmg In, on or over wetlands and other surface waters (If
reapplYing for an expired, denied or Withdrawn permltJ applica~on, please prOVide prevIous permit
# )
o AJteratlOn or opera~on of an eXistIng system which was not preViously permitted by SWFWMD or DEP
o Modlficallon of a system preViously peffi1ltted by SWFWMD or DEP PrOVide prevIous permrt #
and chec!l applicable modification type
o Alteration of a system 0 ExtenSion of permit duration 0 Abandonment of a system
o Construction of addlilonal phases of a system 0 Removal of a system
C Are you requestmg authonzatron to use Stale Owned Submerged Lands CJ yes" no
II yes Include the Information requested In Section G
D For actiVities m, on or over wetlands or other surface waters Check type of federal dredge and fill permit requested
o IndiVidual 0 Programmahc General 0 General 0 NatJonwlde j;3 Not Applicable
E Are you clalmmg to qualify for an exemption? Dyes /;K no
If yes, proVide rule number If known
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FORM 547 27/ERP(S.94}APage 1 of 5
PART 3
A OWNER(S} OF LAND B APPLICANT (IF OTHER THAN OWNER)
NAME NMlE
See Next Page John Hobach
COMPANY AND TinE COMPANY AND TinE
r A~PRr l~r~J ( andpearl Resort, LLC
~.,. ,. ',t e, ' ~,n^ ., he ResIdences at Sandoearl, LLC
ADDRESS I ,- \ A[ pRESS
I
I L ?01 4th Street North
i , , , 4 2eOS I
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CITY, STATE, ZIP I I (I Y, STATE, ZIP
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['EPAr,Hi1_NI 'Jf E t Petersburg, Flonda 33704
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TELEPHONE ( ) TELEPHONE (727) 823-0022
FAX ( ) FAX (727) 821-2007
C AGENT AUTHORIZED TO SECURE PERMIT (IF AN AGENT 0 CONS UL T ANT (I F DIFFERENT FROM AGENT)
IS USED)
NAME NAME
Octavia Cabrera, P E,
COMPANY AND TITLE COMPANY AND TITLE
FlOrida DesIgn Consultants, Inc
Senior Prolect Manaaer
ADDRESS ADDRESS
3030 Starkey Boulevard
CITY, STATE, ZIP CITY, STATE, ZIP
New Port Richey, FlOrida 34655
TELEPHONE ( I TELEPHONE iJ27J 849-7588
FAX ( ) FAX 17271 848~3648
PART 4 PROJECT INFORMATION
A Name of project, mcludmg phase If apphcable Sand pearl Resort
8 Is th1s apphcatlon for part of a multI-phase proJect? Dyes (If no
C Total applicant owned area contIguous to the project 0 acres
D Total project area for whICh a permIt IS sought q 77 acres
E Totallmpemous area for whICh a permIt 1S sought 5.52 acres
F Total area (metnc equivalent for federally funded projects) of work m, on, or over wetlands or
other surface waters 0 acres or squa re feet ( hecta res or square meters)
G Total number of new boat slips proposed NIA
FORM 547 27/ERP{8-94)A
Page 2 of 5
C-lO
~ I I I
PART 5 PROJECT LOCATION (use addltlOnal sheets, If needed)
CountY(les) Ptnellas
Sectlon(s) 5 & 8 Township 29 South Range 15 East
Sectlon(s) Township Range
I Land Grant name, If applicable N/A
Tax Parcelldenttficatlon Number 08-29-15-16380-000-0010
Street address, road, or other location W side of Mandalay Ave, between San Marco 51 and Ambler 5t
City, Zip Code, If applicable CIMHw8ter, 33767
PART 6' DESCRIBE IN GENERAL TERMS THE PROPOSED PROJECT, SYSTEM, OR
ACTIVITY
The proposed project IS to bUild a new 120 Unit condominium and a 250 room resort
on Clearwater Beach The project IS located on the west side of Mandalay Avenue,
between Ambler Street and San Marco Street The bUlldmgs that currently occupy
the project Site don't have an onSlte treatment system The proposed project Will
have treatment systems deSigned to treat the first 3/4 of an mch of runoff (OFW
requirements) Also Included In the project are upgrades to the City of Clearwater's
Stormwater System along San Marco Street and Mandalay Avenue As well as, the
relocation of utilities that are In the Beach Drive right-of-way, which Will be vacated
by the City of Clearwater No stormwater attenuation IS requIred for thiS project
because the site discharges directly to tidal waters
Treatment system wrll be provided via two (2) dramage vaults and one (1) rock drain
field All systems Will utIlize filtration for water treatment Recovery time (using the
more stnngent cnterla of the City of Clearwater) Will be 24 hours
APP"JI'[D
STATE OF FLORIDA
l
I
FORM 547 27/ERP(8/94}A
Page 3 of 5
c- 11
PART 7
A. If there have been any pre-apphcabon meetmgs for the proposed project, With regulatory staff,
please Its! the date(s), locatlon(s), and names of key staff and project representatIves
Date(s) Locatlon~) Names
Oct ?6104 ouglass Hyman, P E (FOEP)
Octavia Cabrera, P E (FOG)
B Please Identify by number any MSSWflNRM (dredge & fill)/ERP/AGOE permits or
applications pendmg, Issued or dented and any related enforcement actions at the
proposed project sIte
,\qenCV Date Number I Tvee '\ction Taken
.
C. N/A Note The followlnq information IS required for protects proposed to occur In, on or over
wetlands that need a federal dredqe and fill permit and/or authonzatlon to use state owned
submerqed lands Please provide the names, addresses and Zip codes of property owners
whose property directly adJOinS the protect (excluding applicant) and/or IS located WIthin a 500
foot radiUS of the project boundary (for Rropnetary authonzatlons, If any) Please provIde a
drawln9 Idenhfylng each owner ~J\rng property lines (Use additional sheets, If
neede ) -
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FORM 547 27/ERP(8/94)A
Page 4 of 5
PART 8
A
By s\gmng thIs apphcat\on form, I am applymg, or I am applY1 ng on behalf of the owner or appllCant, for the permIt
and/or propnetary authom:atlOns 1dentlf\ed above, accordmg to the supportmg data and other mCldental
mformatlOn filed WIth this appl1catlon I am famll\ar WIth the mformatlOn contamed 1n thIs applicatIOn, and
represent that such mformatlOn IS true complete and accurate I understand that knowmgly makmg any false
statement or representa tlOn 11"1 the appbcat10n IS a VlolatlOn of Section 373 430, F 5 and 18 U 5 C Section 1001 I
understand thIS IS an appl1catlOn and not a permIt and work pnor to approval IS a Vlolat\on I understand that thIS
apphcatlOn and any permit or propnetary authonzat\on Issued pursuant thereto, does not relieve me of any
obl1gatlOn for obtammg any other reqUIred federal, state, water management dlstnct or local permIt pnor to
commencement of construct1on I agree, or I agree on behalf of the owner or apphcant, to operate and mamtam
the permItted system unless the permlttmg agency authonzes transfer of the permIt to a responsIble operatIon
ent1ty
John Hobach
PreSident
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I hereby deSIgnate and authonze the agent listed atiOVeto act on my behalf, or on behalf of m corporatlDn(,as the -
agent m the processmg of thIS appllCatlon for the penmt arid/or propnetary authonzatlon mdlC tild-ab1:lYe, and to
furmsh, on request, supplementalmformatlOn m support of the applICatIon In addlt1on, I authonze the above-hsted
agent to bmd me, or my corporatlOn, to perform any reqUIrement whlCh may be rlecessary to procure the permit or
authonzatlOn mdICated above
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/Pnnted Name of Owner or AppllCant
CoroorRtp. TJtlf'! It RoollCRhle
Signature of Owner or Applicant
Date
C PERSON AUTHORIZING ACCESS TO THE PROPERTY MUST COMPLETE THE
FOLLOWING'
I eIther own the property descnbed 11'1 thIS apphcatlOn or I have legal authonty to allow access to the property, and I
consent, after receIVIng pnor not\flCatlOn, to any site VISIt on the property by agents or personnel from the Department
of ErwHonmental Protection, the Southwest Flonda Water Management D\stnct and tl1e U S Army Corps of Engineers
necessary for the reVIew and lrIspect\on of the proposed proJect speCIfIed 1n thiS appl1catlOn I authonze these agents or
personnel to enter the property as many t1mes as may be necessary to make such reVlew and lrISpectlOn Further, I agree
to prOVide entry to the project sIte for slJch agents or personnel to mom tor authonzed work If a permIt 1S grante<!
John Hobach PreSIdent
~~
Slgna ure
Corporate TItle, If apphcable
S.q-b~
Date
D. I certIfy that the engmeenng features of thIS surface water management system have been deSIgned by me or
under my responSIble charge and m m profeSSIOnal oplrllOn conform WIth sound englneenng pnnclples arid all
appllcable rules and speclflcatlOns er agree that lor my engmeenng fIrm WIll furmsh the apphcantl
per . e a set of gUI ne edules for mamtenance and operatIOn of the surface water
m
By
OctavlO Cabrera, P E
14663
Name (please type) Fl p E No
FlOrida DeSign Consultants, lnc
Company Name
3030 Starkey Boulevard
Company Address
New Port Richey, FL 34655
CIty, State, ZIp
-AFFIX SEAL-
Date
Apn128,2005
Phone
(727) 849-7588
FORM 547 271ERP(8/94)A
Page 5 of 5
c- 13
ENVIRONMENTAL RESOURCE
PERMIT ApPLICATION
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1379 BROAD STREET. BROOKSVILLE, FL 34604 6899
(352) 7967211 OR FLORIDA WATS 1 (800) 423-1476
SOUTHWEST FLORIDA
WATER MANAGEMENT DISTRICT
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SECTION C
ENVIRONMENTAL RESOURCE PERMIT NOTICE OF RECEIPT OF APPLICATION
Th1s mformatlOn 1S required m addltlOn to that requIred m other sections of the apptJcatlOn Please submit
five caples of th,s notlCe of recelpt of appl1catlOn and all attachments PLEASE SUBMIT ALL INFORMATION
ON 8 112" BY 11" PAPER.
Project Name Sandpearl Resort
County' Plnellas
Owner Hunter Hotel Company and Mandalav Investments, LLC
Appl1cant Sand pearl Resort, LLC and The ResIdences at Sandpearl, LLC
Appl1cant Address _2201 Fourth Street North, St Petersbur~, FL 33704
1. Indicate the project boundanes on a USGS quadrangle map, reduced or enlarged as necessary to
legIbly show the entire project If not shown on the quadrangle map, provide a locatIOn map, that
shows a north arrow, a graphlC scale, SectlOn(s), Townshlp(s), and Range(s), and detail sufflClent to
allow a person unfaml!1ar wlth the site to fmd It, See attached USGS Quadrangle and Location Maps
2 ProVIde the names of all wetland or other surface waters that would be dredged, filled,
Impounded, dIverted, dramed or would recelYe discharge (eIther dlrectly or md1rectly), or would
otherwIse be Impacted by the proposed actIvity, and speClfy If they are In an Outstandmg Flonda
Water or AquatlC Preserve. Clearwater Harbor receIVes discharge from the City of Clearwater's Stormwater
Svstem
3. Attach a deplctlOn (plan and sectlOn vlews). whlCh clearly shows the works or other faCll1tles
proposed to be constructed The deplCtlOn must use a scate sufflClent to show the locatlOn and
type of works See attached plans
4 Bnefty descnbe the proposed project (such as "construct a deck wlth boat shelter'", "replace two
eXlstmg culverts", "construct surface water management system to serve 150 acre resldentml
development")' Construct a new condominium and resort
5 Speclfy the acreage of wetlands or other surface waters, If any, that are proposed to be dIsturbed,
fllled, excavated, or otherwIse Impacted by the proposed activity N/A
6 PrOVIde a bnef statement descnbmg any proposed mltlgatlOn for Impacts to wetlands and other
surface waters NfA
NOTE TO NOTICE RECIPIENT The mformatlOn In thlS notlee has been submItted by the afphc:ant and has not been venfled by the
Southwest Flonda Water management DIstrict It may be subject to change prior to fma agency actlOn
FORM 547 27/!':RP(8/94)C
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NOTE: THIS AUTHORIZA nON
IS DIFFERENT FROM THE
ORIGINAL REQUEST. SEE
S"PECIAL PERMIT CONDITIONS
~~\I. l\.OltWO
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if FLORrrlA~-
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5T ATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTEC
DIVISion of Water Resource Managernent
Bureau of Beaches and Wetland Resollrcel
3900 Commonwealth Slvd, ~ Mail statlon 31
T aUahassee, Florida 32399..3 0 0 0
(850) 488-770B
PERWT NIDdBER PI-596
PERMITTEE
----
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CBR DEVELOPMENT II, L LC
c/o Tom Gardner
Tom Gardner and Associates, Inc
Post Office Box 13 594
Tallahassee, Florida 32317
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A _ ~ ~:;--: \ r
PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES
PURSUANT TO SECTION 161 053. FLORTDA STATUTES
FE'\'AL ORDER
FINDINGS OF FACT. An application for authoJ'1zation to conduct the acttVltles seaward of the coastal
construction controllme which are inwcated m the plOject descnpnol1, was filed by the apphcantJpenmttee named
herem on August 3, 2005, and was det~rmlned to b~ ;omplete pursuant to ruJe on August 24, 2005
CONCLUSIONS OF LAW After cons1dermg the men!:, of the proposal and any wntten objections from affected
persons, the Department fin ds that upon comp liar: "e with the pel ml t COI1 d.i ti ons, th e actIvl tI es lllmcated m the
project descnptIot1. are of such a nature that they "'-'111 result In no sigmfkant adverse Impacts to the beach/dune
areas or to adjacent properties; that the mrk is 110t expected to adversely Impact nestmg sea turtles, their
hatchlmgs, or theh habitat, that the work IS expr.:ndable In nature and/or IS appropriately deslgl1ed ll1 accordance
With Rule 62B~33. 005, Florida Admmistratlve Code, and that It IS an actIVIty or type of construction which the
deSignee of the ChIef of the Bureau of Beaches and Coastal Systems has aufu01lty to appl Qve or deny pursuant to
DelegatJon of Authoflty, DEP Directive 137, effecuve May 14, 2001 Bpsed on the foregoJUg consideratIOns, the
deSignee approves the application, authOllzes construction and/or actJvlttes at the locatIon mdlcated below m stnct
accordance Wlth the project deScflptlon, the appl'oveg plans (If any) and the General Permit CondJtlOos which are
attached and are by tillS reference incorporated herem, and any addrtlOnaI condltlons shown below, pursuant to
Subsectlon 161 053(5), Florida Statutes
EXPIRATION DATE. November 18,2006
LOCATION Between approxImately 250 feet north <).nd 550 feet south of the Department of EnVironmental
ProtectlOnl:,> reference monument R-42, ui Pmel1as County PI oJect address 470 Mandalay Avenue, Clearwater
Beach. 'I
PROJECT DESCRIPTION
1, ConstructIon of a wood del;k/bo.u dwalk attached t\J the eXlstmg seawall for a total length of 7Ufeet and
varymg from 5 feet to 19 feet WIde, located approximately 62 feet seaward of the control lme
" ,
PERMITTEE eBR DEVELO)
PERMIT NUMBER: PI-596
PAGE 2
..NT II, !..LC
----....------------........-- ~
----.....------- -----.:. :
~
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2 Concrete pavers are to be located lallO \vard 0' the eXIsting s.eawall.
3 Ornamental fencing, gates and plante!'s as per approved plans.
4 One fire-plt
5 Dune enhancements consisting of the placemsnt of fill materIal and plantmg with sea oats as shown ill the
plans
FIll
1 Volume of fill to be placed ApprOJClma;.~ly 558 cubic yards,
2, LocatIOn of fill to be placed tn and around ,\; Ie newly constructed dune areas.
1
2
ConstructIOn actiVIty authollzed by thlS pef'"\lt shall not commence until after the tlme period provided in
the public notlce fOl the publIC to exercise", IY rights they !nay have under Chapter 120, Florida Statutes.
has expIred, or If a hearing IS requested "disposition of the heaung request has been made
3
Pnor to commencement of con~(1I-lctlon activity authonzed by this permit, a preconstruction conference
shal1 be held at the SIte among th'e contractor, the owner or authOrized agent, and a staff representative of
the Bureau of Bef\.che<.; and Coastal Systems to establish an understandrng among the parties as to the items
speCIfied 10 the specIal and general conditions of the perout The proposed locattons of the structures shall
be staked out for the conference
4
~ .
PrIor to commencemel1t of construction activity authorlZed by this permit, a temporary construction fence
shall be erected along the perimeter of the permitted actiVIty The fence shall renlaJn in place until the
construction authOrIzed by thIS perml. is. complete" The optlffillm sIting of the construction fence shall be
determined durmg the preconstructlon conference by the staff lepresentatlve so as to prOVide maxImum
protection to the existing vegetatlOo located 011 the site and adjacent property,
5
All fill matenal ~haJl be obtained from a sourc,e landward of the control lme and shall consist of sand
whIch IS SimIlar to that already on tn~ Site III both gram Size arld coloration This fill material shall be free
of construction debus, rocks, or otl1er foreign matter A sample of the sand shall be prOVided to the staff
representatlVe dut 109 the precol1structIon confel ence.
I'
Best Copy
~~vailable
"
.'.
,
PERMITTEE CBR DEVEL .v1ENT II, LLC
PERMIT NUMBER PI~596
PAGE 3
6 Pnor to completIon of construction actl" les authOllzed by this pennlt, the permittee shall plant a
mix of a mmimum of three native salt-toJerant specieS within any disturbed areas seaward of the
authorized structures. P!antin~s shall CO! .3ISt of salt-tolerant species indigenous to the native plant
commllrut~es eXIstmg on or near the site 0; with other native species approved by the Department Sod
composed of non~native grasses IS not authorited seaward of a major structule or decks. Plantmgs
in other areas of the project SIte shall notl:rtclude mvaslve nUisance plant species such as hsted in the
Florida Exotic Pest Plant Council's May 2003 List of Invasive Species Category I and n,
7 All permanent extenor hghtmg shall be ll11-c';lalled and maintained as depIcted on extelior lightmg plan
and cut sheets stamped FISH AND Wn;XlUFE CONSERVATION COMMISSION APPROVED
LIGHTING PLAN No additional extel1(N.lrght1Og is authonzed.
8 If any of the lights become viSIble from ~!:\'~ beach or disonent nestmg or hatchling sea turtles at any
tlme, they must be modified such that the_I; are 110 longer VIsible from the beach
9
_ -- ---------~-l
Tmted glass or film WIth a viSible ltght tr..ansmJ~ance value of forty-fjv~_(...45)-percent or Jess shall 8~
applied to all winClaws and dam s within lilie of sight of the beach ;-~ , ': ' _ '_ '- ----1 \
\ '
Approved plans are inco~d mto thIS penUlt'.' reference
Done and ordered thIS \ lJ \ day of ~..\._(... -}1J
2005, 10 Tallahassee, Flonda
Attachment. General Pel mit Conditions
FILING AND ACKNOWLEDGEMENT
FILED, on thiS dare, pursuant to 5120.52
Flonda Statutes, With the deSIgnated
Dep:ntment Clerk, receIpt of whIch
IS hereby acknowledged
State of F!')flda
Depdrtrnent of E
,(
~ Iliff/>>-
Date
TolCj .' ~ ai, P.E.. Program AdmmistralOr
Bu au olfeaChes and Coastal Systems
:'
, {
(
F{ 2-343 900(3) FAC
Fon... 'ltle ConstructlOll Commencement
NotJ.ce
Effec (lYe Date October 3 1 995
ENVIRONJv1ENTAL RESOURCE PERMIT
Construction Commencement NotIce
PrOject
Phase
I hereby notIfy the Department of Envlronmental ProtectlOn that the constructIon of the surface water
management system authonzed by Envlronmental Resource Pemut Number
has commenced / IS
expected to commence on
and will reqUIre a duration of approXImately
months
weeks
days to complete It IS understood that should the constructIOn term extend beyond one year, I am
obligated to subffilt the Annual Status Report for surface Water Management System ConstructlOn
PLEASE NOTE If the actual construction commencement date IS not known, Department staff should be
so notified III wntmg 10 order to satisfy pemut condItIOns
TItle and Company
Date
Penruttee or Authonzed Agent
Phone
Address
62-343,900(3)
On-Lme Document
Formatted 12/01197 kag
Form #62-343 900(5), F A C
Form TItle As-Built CertificatIOn by a
RegIstered ProfesslOoal
Effective Date October 3, 1995
ENVIRONMENTAL RESOURCE PERMIT
AS-BUILT CERTIFICATION BY A REGISTERED PROFESSIONAL
Permit Number
PrOject Name
I hereby certIfy that all components of this surface water management system have been bUilt substantially
m accordance With the approved plans and specifications and are ready for InspectIOn Any substantial
deVlatJons (noted below) from the approved plans and specIficatlOns WIll not prevent the system from
functlOnmg as deSigned when properly mamtamed and operated These determmatlOns are based upon
- ....
on-site observatIOn of the system conducted by me or by my deSignee under my direct supervlslon andlor
my review of as-built plans certIfied by a regtstered profeSSional or Land Surveyor hcensed in the State of
Flonda
Name (please pnnt)
Signature of ProfesslOnal
Company Name
Flonda Reglstral10n Number
Company Address
Date
CIty, State, ZIp Code
Telephone Number
(Affix Seal)
Substantial deViatIons from the approved plans and specifications
(Note attach two copies of as-bUllt plans when there are substantial deviations)
Wlthm 30 days of completIOn of the system, submit two copies of the form to
62-343 900(5)
On-Lme Document
Formatted 12/01197 kag
Form #62-343 900(6) FAC
Form T1lle Inspechon CertificatIOn
Effec!lve Date October 3,1995
ENVIRONMENTAL RESOURCE PERMIT
INSPECTION CERTIFICATION
Penmt Number
PrOject Number
Inspechon Date(s)
InspectIOn results (check one)
01 hereby certify that I or my deSignee under my direct superviSIOn have Inspected the system at the
above referenced project and that the system appears to be functlOnmg m accordance with the
reqUIrements oflhe permIt and Chapter 373 F S (as apphcable)
OThe followmg necessary mamtenance was conducted
Or hereby certify that I or my deSignee under my duecl supervlSlon has Inspected the system at the above
referenced project and that the system does not appear to be functlonmg In accordance With the
reqUirements of the permit and Chapter 373 F S (as appl1cable) I have mformed the operatIOn and
mamtenance entity of the followmg (a) that the system does not appear to be functlonmg properly, (b)
that maintenance IS reqUIred to bnng the system mto comphance, and (c) If mamtenance measures are not
adequate to bnng the system mto compliance, the system may have to be replaced or an alternative deSign
constructed subsequent to Department approval
Signature of ProfesslOnal Engmeer
Name
Company Name
Flonda RegistratIOn Number
Company Address
Date
Clty, State, Zip Code
Telephone Number
(affix seal)
Wllhm 30 days of completIOn of the 11'spectlOn, submit two caples of the form to the foIlowmg
Department Office
Department of En vlronrnental ProtectIOn
62- 34 3 900( 6)
On-Lme Document
Formatted 12/01/97 kag
,
. --
Form # 62-353 900(7)F A C
Form TItle Request for Transfer to
Opera tJ On Ph ose
Effecl1ve Date $e !ember 25, ] 995
Request for Transfer of Environmental Resource Permit
Construction Phase to Operation Phase
(To be completed and submItted by the operatmg entity)
Flonda Department of Environmental ProtectIOn
It IS requested that Department PenUlt Number _authonzlng the constructIon and operatIOn of a
surface water management system for the below mentIOn prOject be transferred from the constructIOn
phase permittee to the operatIOn phase operatmg entity
Project
From Name
Address
City State
To Name
Address
City State
Zip
Zip
The surface water management faClhtles are hereby accepted for operatIOn and mamtenance In accordance
With the engmeers certificatIOn and as outlined m the restnctlve covenants and articles of mcorporatlOn
for the operatmg entity Enclosed IS a copy of the document transferrmg title of the operatmg enh ty for
the common areas on which the surface water management system 1S located Note that If the operatmg
entIty has not been prevIOusly approved, the applicant should contact the Department staff pnor to fihng
for a permit lransfer
The undefSlgned hereby agrees that all tenns and condl11ons of the permIt and subsequent modificatIOns,
Ifany, have been reviewed, are understood and are hereby accepted Any proposed modificatIOns shall be
applied for and obtallled pnor to such modIficatIOn
Operatlllg Entity
TItle
Name
Telephone
Enclosure
D CO?l of recorded transfer of title surface water management system
OCr ofplat(s)
62-343 900(7)
On-Lm" Document
Formatted 12/01/2.7 k ag
~ ~
II
Form # 62-353 900(7)F A C
Form TIlle Request for Transfer to
Operallon Phase
Effectwe Date Seotembe, 25, 1995
o Copy of recorded restnct! ve covenants, artIcles of inCorporatIOn, and certificate of incorporatIOn
'-
-'
62-343900(7)
On-Lme Document
Formatted 111Q11~7 kag
, ,
\ .. ~r
Form 62-343 900 (8)
ApphcatlOn for Transfer ofERP PenUlt
EffectIVe Date 8-14-96
APPLICATION FOR TRANSFER OF ENVIRONMENTAL RESOURCE PERMIT AND NOTIFICATION
OF SALE OF A FACILITY OR SURFACE WATER MANAGEMENT SYSTEM
Pemn! No
Date Issued
Date Expires
FROM (Name of Current Permit Holder)
Malhng Address
City
State
Zip Code
Telephone (
IdentificatIon or Name of FacIlity/Surface Water Management System
Phase of FaCIlity/Surface Water Management System (If apphcable)
The underSigned hereby notifies the Departmenl of the sale or legal transfer of thiS faclhty, or surface-water management
syslem, and further agrees to asSign all nghts and obligatIOns as permIttee 10 the applicant In the event the Department agrees
to the transfer of perrrnl
Slgnature of the current permittee
Title (If any)
Date
TO (Name of Proposed Penmt Transferee)
MaIllllg Address
CIty
State
Zip Code
Telephone ~
The underSigned hereby notifies the Department of havmg acqUired the tItle to trus faCIlity, or surface-water management
system The underSigned also states he or she has exammed the apphcatlOn and documents submitted by the current permittee,
the baSIS of whICh the permIt was Issued by the Department, and states they accurately and completely descnbe the permItted
actiVIty or prOject The underSigned further attests to bemg famlhar With the permit, agrees to comply With Its terms and WIth
Its condItIOns, and agrees to assume the nghts and hablhlles contamed m the permit The underSigned also agrees 10 promptly
nOlIfy the Department of any future changes 10 ownership of, or responsibility for, the permItted actiVity or project
Signature of the apphcant (Transferee)
Tltle (If any)
Dale
PrOJeCI Engmeer Name (lfapphcable)
Mallmg Address
Telephone L-)
, -
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FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE.
CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
TO: ~~~t\.. \\-O\, ~~"
FAX: "CO 2-\ - 2-007
Phone: lb 2... ~. 0 0 z.. 2-
FROM: W~"('-...L WQ..\\.~
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DA TE:_ Jj Dj 0 III
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MESSAGE: ~
Phone: ~ \.tl""Z..... ~O~
RE: S~~pQ..o.r-l
Bel oS".. ()e4-z..1-
~~
UNo- ~ ~ ~ "'"' c..o. b ~ )
NUMBER OF PAGES(JNCLUDING THIS PAGE) 7
:=Hm I HG REPORT
Jan 23 2006 10.57RM
.'
YOUR LOGO
YOUR FAX NO.
7275624865
NO. OTHER FRCSIMILE
01 98212007
STRRT TIME USRGE TIME MODE PRGES RESULT
Jan.23 10:54RM 02'39 SND 07 OK
TO TURN CFF REPORT" PRESS "1"ENl.l' tt04.
TJ-EN SELECT CFF BY US I t-43 '+' OR · -' .
FIJI';! FRX ADl..JI=INTRGE RSSISTFH:E, Pl.EFl5E CALL 1--800-HEI_P-FRX (435-7329).
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Conditions Associated WI
BCP2005-08579
500 MANDALAY AVE
Hrkl
-
The followinQ conditions must be satisfied before the permit can be processed.
Status
C OF 0 CONDITION - ZONING Wayne Wells, AIC? 727~562-4504
10/24/2005 Comply with the condition of approval under FLD2004-09068 "That a condominium plat be
recorded pnor to the Issuance of the first Certificate of Occupancy,"
01/22/2006 Pnor to the Issuance of the Certificate of Occupancy, submIt a copy of the recorded Covenant
Regarding Tnp Generation Management Program, as provided for In Exhibit E of the
Developm en I Agreem ent DV A2004-00005
Not Met
Not Met
CaseCondltons
Print Date 01/22/2006
Page 1 of 1
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Conditions Associated WI
BCP2005~08421
470 MANDALAY AVE
The followlnQ condItions must be satisfied before the permit can be processed.
Status
BUilding Review Mark Matheny 562-3548
01/04/2006 1 Wall schedule sheet indicates only type "A" walls are rated Floor plans show wall types "A, B, Not Met
& C" used for both rated and non-rated walls Provide detailed Information on the wall types and
their location with reference to rated and non-rated partitions
01104/2006 2 I s the wall for p reposed retail 1 &2 to be constructed with th IS perm It? If 50 provide 2 hou r Not Met
separation
01/04/2006 3 2nd floor, provide 2 hour separation from garage to lobby area Not Mel
01/04/2006
01/04/2006
01/04/2006
01/04/2006
01/04/2006
01/04/2006
4 Is door W 17, and W 16 rated? It doesn't a ppear that any of the "storefront'" systems are rated
but some are located In an area that reqUire a fire rated separation
5 Level 2, The fire command room IS located wIthin the stair 7 enclosure This IS not permitted
per section 1006 1 34 of the 2001 Florida BUilding Code
6 Level 2, The door In stair 6 to sWing In the dlreclion of egress
7 Level 3, Community Room, there appears to be a fireplace located In thiS room If so provide
Information about the fireplace including fuel source, venting, and fresh air/make-up air
8 ProVide detailed Information on the aluminum trellises shown on the draWings Include deSign
loads and connection details
9 Level 3, provide an elevator lobby for the service elevator
10 Hand ra II at the bottom of each stair must meet section 1 007 5 5 of th e 2001 FlOrida BUild Ing
Code
01/04/2006 11 Locate all fire damper locations
C OF 0 CONDITION - ZONING ~ Wayne Wells, AICP 727-562-4504
10/18/2005 Comply With the condition of approval on FLD2004-09068 by the Community Development Board
"That, prior to the Issuance of the first Certificate of Occupancy, traffiC Impact fees be assessed
and paid,"
01/04/2006
10/18/2005
01/22/2006
Not Met
Not Met
Not Met
Not Met
Not Met
Not Met
Not Met
Not Met
Not Met
Comply With the condition of approval on FLD2004-09068 by the Commumty Development Board Not Met
"That a condominium plat be recorded prior to the Issuance of the first CertifIcate of Occupancy,"
The cabanas on the ground floor on the west Side must be used for storage only, In compliance Not Met
With all Federal Emergency Management Admlnlstrallon (FEMA) rules and gUidelines EVidence
of thiS restriction of use, embodied In condominium documents, homeowner's documents, deed
restrictions or like forms, shall be submitted to the BUilding OffiCial pnor to the Issuance of the first
Certificate of Occupancy
Electncal ReView Ralph Rowe 562-4565
10/17/2005 1 Page EO 03 shows 4,000 amp tenant Main With 500 mcm AL equipment ground In secondary Not Met
condUlts,500 mcm AL to small for 4,000 amp per art 250-122 NEC Please address
10/17/2005 2 Page EO 03 shows generator EM fed to ATS feedmg panel EDP, equipment ground shown 2/0 Not Met
AL 2/0 AL to small for 1,000 amp per art 250-122 NEC Please address
10/17/2005 3 Page EO 03 shows GEC and Bond Jumper as 2/0 copper to 4,000 amp tenant Main 2/0 Not Met
Print Date 01/22/2006
Page 1 of 5
CaseCondltofls
-
,
BCP2005-08421
470 MANDALAY AVE
Electrrcal RevIew Ralph Rowe 562-4565
copper to small per art 250-66 NEC Please address
10/17/2005 4 Page E5 04 shows electncal panel and media panel In what appears to be a rated seperatlon
wall, this IS no good per sec 705 FL Bid code Please address C units
10/17/2005 5 Door hardware In Main electncal room will need to comply with art 11 0-26-C-2 N EC
Not Met
Not Met
Engmeerrng ReView
Don Melone
562-4798
08/15/2005
See site permit BCP2005-05442 for all site conditions
Not Met
Fire ReView
Leonard Rickard
562-4327 x3062
08/28/2005 Show that NFPA 142003 editIon IS to be used for fire standpipe system as required by FI Fire Not Met
Prevention Code
08/28/2005 Show that NFPA 242002 edItion IS to be used for private fire mams as required by FI Fire Not Met
Preventlon Code
08/28/2005 Show on FP 1 01, 1 02 and 1 03 that FDC IS 15' from bUilding and IS wlthm 40' of a fire hydrant Not Met
dedicated to the fire systems thiS hydrant IS m addition any hydrants needed for flreflghtlng
purposes
08/28/2005 Provide Fire Flow Calculations by a FIRE PROTECTION ENGINEER to assure adequate water Not Met
supply for project
08/28/2005 Door for stair # 6 on 2nd floor must sWing m direction of egress and not Into garage Show Nol Met
changes on all pages affected
08/28/2005 NOTE - Please cloud any/all changes on the plans before returnmg them for re-revlew - Provide a Not Met
response letter listing the responses to comments, and giving the locatIon of the correction on the
plans
08/28/2005 Show that water flow detectIon deVIces are to be Installed as part of the FIre Alarm System on all Not Met
levels of bUilding
09/02/2005 The maximum travel distance to an eXit In parking garages IS 200' Not Met
09/02/2005 Slgnage In accordance with N FP A 101, 7 2 2 5 4 shall be Installed In stairways Show details of Not Met
slgnage In plans
09/02/2005 Stairs are required to discharge directly to the outSide Change staIr # 2 to show thiS NFPA Nol Met
101,7235
Mechamcal ReView Mark Matheny 562.3548
01/04/2006 1 There appears to be a transfer of air from the parking garage mto the trash room Clarify the
reason for thiS and protect the openings per section 705244 of the 2001 Flonda BUilding Code
01/04/2006 2 Ind Icate hi eght of garage venting/exhaust fans and m echamcal systems on 1 st Floor Fans
cannot be below BFE
Not Met
Not Met
01/04/2006
3 Provide symbol and abbreviation key
Not Met
01/04/2006
4 Locate all fire damper locations There are numerous locations (especially on level 3), were
the mechanical systems penetrate rated walls (see life safety plan) and are not fire dampered
5 Large shafts located In stair towers not permitted per section 1006 1 3 1, unless being used
specifically for stair pressurization Clarify use of shafts
Nol Met
01/04/2006
Not Met
CaseCondllons
Pnnt Date 01/22/2006
Page 2 of 5
1
BCP2005-08421
470 MANDALAY AVE
Mechamcal Review Mark Matheny 562-3548
01/04/2006 6 Clarify thru-wall Return Air Are these vents thru the wall or "'m-wall" shafts Many are a shown Not Met
located Within rated walls and no fire dampers and Indicated
Plumbing Review Mark Matheny 562-3548
01/04/2006 1 Provide product Information on the deaerator systems to be used
Not Mel
Zoning Review Wayne Wells, AICP 727-562-4504
10/18/2005 Unclear why an electnc outlet IS being proVIded In the storage cabanas on the west side of the Not Met
bUlldmg, since It to be used for storage only and IS located In a flood zone
10/18/2005 Unclear where the electnc meters are proposed for the condominium common areas and the Not Met
retail tenants If located on the ground floor, show the location on the plans and Indlcate1show the
location of any platforms required under the ElectriC Code and FEMA codes necessary to allow
Progress Energy personnel to read the meters
10118/2005 Sheet A 1 302 - Indicate the bUlldmg setback to the common property hne of the outparcel (west Not Met
side of outparcel, east side of subject parcel)
10/18/2005 Sheet A 1 403 - South side of the bUilding, the sidewalk does not appear to be shown 10 the Not Met
proper locallon, as It IS shown adjacent to the street parking curb rather than adjacent to the
property Ime The area next to the parkmg spaces In the nght-of-way IS supposed to be
landscaped
10/18/2005 Sheet A 2 1 01 - Provide a dimenSion from BFE to the top of the roof deck and provide Not Met
dimenSions to top of tiled parapet
10/18/2005 Sheet A 2 1 04 - North elevation - Provide the details of the north facade of the first two floors of Not Met
the relall/Tower II portion of the bUilding Hopefully, It IS not proposed to be a flat, blank wall
VISible to the the adjacent property and the travelling public along Mandalay Avenue
10/18/2005 Above the retail storefronts It appears to mdlcate a decorative feature It IS listed on vanous sheets Not Met
differently and It would be extremely helpful to have thiS feature Identified one way on all sheets
On Sheets A 2 1 02 and A 2 1 03 It IS listed as "alummum shutter" On SectIon 1 on Sheet
A 3002 It IS listed as "decoratJve aWning" Sheet A 1 302 Ilsts them as "louvers" Sections 1 & 2
on Sheet A 5 1 03 lists them as "flush mounted decorative awning"
Additionally, these decorallve features look more of an Industnal grating bemg flush mounted to
the bUilding, rather than somethmg "decorative" The louvers around the parkmg garage appear
to be "decorative," even though no details have been provIded These decorative features also
bear no relationship to the rest of the bUilding ReVise these decorative features to be consistent
With the parkmg garage louvers In character, so there IS some element of cohesiveness of deSign
10/18/2005
The angled decoratIVe awnings above the retail storefronts are indicated In section not to project Not Met
beyond the property line, yet they are shown to project over the property line Into the nght~of~way
at least on Sheet A 1 202 What IS the reality of what IS being proposed, as the draWings Indicate
two different things?
Sheet S 1 34 - Slab does not appear to provide for the spa west of the pool Not Met
10/18/2005
10/18/2005
Comply With the condition of approval on FLD2004-09068 by the Community Development Board Not Met
"That, prior to Issuance of any site development bUilding permits, the applicant compensate the
City for the five lost street parking spaces at $4550 00 per space,"
CaseCondltons
Print Dale 01/22/2006
Page 3 of 5
,
,
BCP2005.08421
470 MANDALAY AVE
Zonmg Review Wayne Wells, AICP 727-562-4504
10/18/2005 Comply with the condItion of approval on FLD2004-09068 by the Community Development Board Not Met
"That all Parks and Recreation fees be paid pnor to the Issuance of any permits, as provided by
the Development Agreement,"
1 0/18/2005 Comply with the condition of approval on FLD2004-09068 by the Community Development Board Not Met
"That all appllcable requirements of Chapter 39 of the BUilding Code be met related to seawall
setbacks,"
10/18/2005 Comply with the condltron of approval on FLD2004-09068 by the Community Development Board Not Met
"That pnor to Issuance of permits for any eXlsllng or proposed structures west of the Coastal
Construction Control Line (CCCL), the applicant submit a copy of the FlOrida Department of
EnVironmental Protecllon approval for that construction west of the CCCL,"
1 0/1 8/2005 There are many changes on these plans from the plans approved by the Community Not Met
Development Board (COB)
a OutSide dImenSions or shape of the bUilding has changed with many units, as to the location of,
or size of, balconies and windows,
b Tenant storage units on the second floor of the parking garage have been eliminated,
c With the elimlnatlon of the second floor tenant storage Units from the west side of the parking
garage, the ground floor storage cabanas have a shed-type roof structure topped wIth a standing
seam metal roof, which bears no relalionshlp to other roofing matenals and IS inconsIstent with
onglnal deSign,
d BUilding elevations for the residential tower (Sheets A 2 1 01 - 04) have completely changed
the character of the facade from that approved by the COB All facade elements of character,
Including arched elements, on the plans approved by the COB have been removed or modified
Significantly The roof structure has been completely modified inconsistent with the smaller
residential tower (Tower II) and the hotel tower Unclear what the "Circles" In the roof structure
relate to With the rest of the bUilding The bUilding appears as a "plain Jane" bUilding lacking
character, different than that approved by the COB,
e The Tower II has been modified to remove the third floor above the podium and has been
replaced With an open terrace faCing Mandalay Avenue (Sheet A 1 3 10) ThiS has changed the
front facade and the look and shape of the roof structure,
f The roof of Tower II has apparently changed on the west Side to Include a hipped-roofed
structure, not on the plans Originally approved by the COB (Sheets A 1 3 11, 1/A 3 0 02 and
A 2 1 02),
g The Retail 2 configuration of the bUilding has been Significantly modified at the corner of
Mandalay Avenue and San Marco Street, eliminating the entry portiCO and rather making the
bUilding come to a squared off corner (Sheet A 1 403),
h The facade of the retail portion of the bUilding has been significantly modified from that
approved by the COB All facade elements of character, Including arched elements, on the plans
approved by the COB have been removed or modified Significantly The bUilding appears as a
"plain Jane" bUlldmg lacking character, different than that approved by the COB,
Must
1 ReVise the bUilding to be substantially consistent With the building as approved by the COB, or
2 Must submit a Itst of all changes In the bUilding deSign and elevations to the Planning
Department to requesl these changes be conSidered "Minor RevISions" Refer to Section 4-406 of
the Community Development Code for those changes which may be conSidered "Minor
Revisions" PLEASE NOTE, all such reVISions must ALSO comply With the condition of approval
on FLD2004-09068 by the COB "That the fmal deSign and color of the bUilding be consistent With
the conceptual elevatIons submitted to, or as modified by, the COB" Changes not deemed to be
Minor ReVISions or those that do not comply With the above condition of approval Will require
approval of such changes by the COB, after publiC hearing and recommendation by the Planning
Department
CaseCondllons
Prmt Date 01/22/2006
Page 4 of 5
1
Zonmg Review
01/20/2006
01/;t~
-
~
i'
01/22/2006
-
*
BCP200S-08421
470 MANDALAY AVE
Wayne Wells, AICP 727-562-4504
Prior to the Issuance of the bUilding permit, provide a copy of the special warranty deed conveYing
to the City the Beach Property per the approved Development Agreement DVA2004-00005
(Exhibit B-2)
Prior to the Issuance of the bUilding permit, submit a copy of the recorded covenant and
restriction, substantially In accordance With ExhIbit F of the Development Agreement
DVA2004-00005, regarding the use and operation of the resort In the event of the Issuance of a
hUrricane watch (should have been submitted pnor to the Issuance of the bUilding permit for the
hotel)
Pnor to the Issuance of the bUlldmg permit, submit a copy of the recorded Covenant of Unified
Use, as provided for In the approved Development Agreement DVA2004-00005 (Exhibit M)
Print Date 01/22/2006
Page 5 of 5
Not Met
Not Met
Not Met
CaseCondltons
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CITY OF
CLEARWATER
PlANNING DEPARTMENT
POST OffICC Box 4748, CU:~RWAll R, FlOW1A 3375S-474B
MUMClPAI SrRVlCl s BUILDING, 100 SOUlH MYR1H. AVENlJE, (JEA.RWATI R, FLORIDA 3:5756
TEil.PHONE (727) 562-4567 [AX (727) 562-4865
LONC, R,\f\Gfc PlAJ'\JNING
DrvrlOPMfNT REVIE\l:1
July 25,2005
Mr John Hobach
CBR Development I, LLC
2201 Fourth Street North, SUIte 200
St Petersburg, FL 33704
Re Sandpearl ReSIdences and Resort
Dear Mr Hobach
On December 14, 2004, the Commumty Development Board (CDB) approved the above
referenced project, generally located at 470, 484 and 500 Mandalay Avenue and 470,
489, 490 and 495 Beach Dnve, under Case Nos FLD2004-09068/PLT2004-
00016/SGN2004-09020 (see attached Development Order) A portIOn of the FleXIble
Development request approved by the COB was "a reduction to the stde (west) setback
(Coastal ConstructIOn Control Lme [CCCL]) from 10 feet to zero feet (to bUIldmg and
pool deck) and to allow eXlstmg and proposed Improvements to remam up to 62 feet west
of the eeCL" for the hotel portIOn of the project The reSidentIal portIOn of the proJect
was approved With a boardwalk only west of the CCCL As part of the reView of the
submItted plans, the Staff and CDB found the setback reductIOn and allowances for
Improvements wtthm the CCCL to be appropnate The approval of the project by the
CDB mcluded a condItIOn, whIch states "That pnor to tssuance of permIts for any
eXIstmg or proposed structures west of the Coastal Construction Control Lme (eeCL),
the applicant submIt a copy of the Flonda Department of EnVIronmental Protection
approval for that constructIOn west of the eeCL" As such, the project IS m compltance
With the City's Commumty Development Code and Comprehensive Plan
Should you have any questIOns, feel free to contact Wayne M Wells, AICP, Planner lIT,
at (727) 562-4504 or at wayne wells@myc1carwater com
Smcerely,
___-', -1'"'lI~
/'t-/~~ ~
MIchael Delk, AICP-
PlaMmg DIrector
~ tPIWlfllllg D<,pur/nlenl\C D BlTLEX (FLD)lfnllcllve or FInished ApphcallonslMandalay 0500 Sandpearl Resort (T) -
AppruvedlLeuer /0 John! labacli re CCCL 7 25 05 doc
FR.\,~K HIllIlARD MAiOR
Ell I )ONSOI\, Vl\r.MA'rO~
H OYI HM11 lION, COUNCIl ,111 ~llJI n
~
10HN DOK \N C()lJhClL\t~'tbl R
C,IHI J N J\ PI II K"I h COUI\UL\tI ItllI R
"I~QJJAI FMPIOY1"llNI M'l) ArrrR"-\ \11V1 A( lIO ~ LMPI 0\1 p"
. l \
Wells, Wayne
From
Sent.
To
Cc
Subject
Dave Richards [daver@Jmcdev com]
Fnday, July 15, 20052 56 PM
Wells, Wayne
John Hobach
Sandperal Resort
Thank you for taklng the tlme to meet w1th me th1S week regard1ng our appl1cat1on to DEP
for the Sandpearl Resldences and Resort I've read the copy of the Development Order dated
December 16, 2004 you gave me Wh1Ch w1II "allow eXlstlng and proposed improvements to
remaln up to 62 feet west of the CCCL" As part of our appl1cat1on to the state, we need
the verbage to make a more speclflc reference to the plans that are belng subm1tted w1th
the package so as to m1nlmlze the potentlal lssues that could slow the approval process of
our permlt appl1cat1on
JMC 1S requestlng a letter from the Clty of Clearwater that should say, at a mlnlmun, the
followlng
" My off1ce has rev1ewed the attached plans for the Sandpearl proJect seaward of the
Coastal Construct1on control Llne and have found that they do not contravene local setback
requ1rements or zonlng codes, and are conslstant w1th the C1ty'S state approved Local
Comprehenslve Plan
If you have any questlons, I may be reached at
Wayne, we would appreclate lf you could wrlte thlS letter as soon as posslble so that we
may submlt thlS appl1catlon to the state I wlll be happy to come plck lt up as soon as lt
1S ready My offlce # is 443-6585 and my cell phone lS 580-4149
Thank you very much for you help ln mak1ng Sandpearl a reallty
Davld Rlchards
ProJect Manager
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CITY OF
CLEARWATER
loNG RANGE PlANNING
DEVFLOPMr.NT RCVIFW
PlANNING DEPARTMENT
Pasl OFFICE Box 4748, CLEARWATER, FlORIDA 33758-4748
MUNICIPAL SERVlCb BWLDING, 100 SOUl H MYR11.E AVENUE, CLEARWATER, F! ORlDA 33756
TCLLPt-IONE (727) 562-4567 FAX (727) 562-4576
E D Armstrong III, EsqUIre
Johnson, Pope, BokOl, Ruppel & Bums, LLP
POBox 1368
Clearwater, FL 33757-1368
5 Q.. Q... /1.; f\.Dr
4 r/ j.1 i f/'v\.'. L. 'Her-
~ 312AJo~
whi
December 16, 2004
RE Devel opmen t Order - Cases FLD2 004-0906 8/PL T20D4-000 16/SGN2004-0902D
470,484 and 500 Mandalay Avenue and 470,489,490 and 495 Beach Dnve
Dear Mr Armstrong
ThIS letter constitutes a Development Order pursuant to SectIon 4-206 D 6 of the Commumty
Development Code On December 14, 2004, the CommuUlty Development Board reviewed your requests
for (I) FleXible Development approval to pennlt a maXImum of253 overntght accormnodatlon umts, 119
attached dwellmgs and 11,000 square feet of retatl sales and servICes as a mixed use (With mcrease In
density of 141 hotel rooms [rom the Beach by DeSIgn denSity pool), WIth reductions to the front (east
along Mandalay Avenue) setback (between Baymont and Ambler Streets) from 15 feet to elght feet (to
bUlldmg) and from 15 feet to zero feet (to pavement and watcrfall feature), a reductIOn to the front (south
along Bayman! Street) from 15 feet to zero feet (to pavement), a reduction to the front (north along
Ambler Street) setback from 15 feet to five feet (to bUlldmg), a reductIOn to the front (east along
Manddlay Avenue) setback (between San Marco and Baymont Streets) from 15 feet to zero feet (to
bUlldmg), a reductIOn to the front (south along San Marco Street) from 15 feet to zero feet (to bUIldmg), a
reductIon to the Side (west) setback (Coastal ConstructIOn Control Lme [CCCLJ) from 10 feet to zero
feet (to bUlldlOg and pool deck) and to allow eXlstlOg and proposed tmprovements to remam up to 62 feet
west of the CCCL, a reduction to the SIde (east and north between San Marco and Baymont Streets) from
10 feet to four feet (to bUlldmg), reductIOns to the Side (east and north, north of Ambler Street) from 10
feet to one-foot (to bUlldmg) and from 10 feet to one-foot (to pavement), an mcrease to bUlldmg hetght
from 35 feet to 95 feet (to roof deck) for the proposed overnight accommodatIOn use (With an addIhonal
12 - 20 feet for decorative mansard architectural embel!Jshments), an lOcrease to bUlld1l1g hetgh! from 35
fcet to 150 feet (to roof deck) for the proposed resIdentlal bUlldmg (WIth an additional 12 - 18 feet for
decoratIve mansard architectural embell1shments), a reductIOn to reqUIred parkmg from 456 spaces to
431 spaces and deVIations to allow stacked parkll1g and bUIld1l1gs wlthm the vlSlbIhty tnangles, as a
Comprehenslvc lnfdl Redevelopment Project, under the provlSlons of Sechon 2-803 C, and to ehmmate
the reqUIred foundation landscapmg along Mandalay Avenue and San Marco Street, as a ComprehenSive
Landscape Program, under the prOVISIOns of Section 3-1202 G, (2) Prel1mmary Plat approval (PLT2004-
00016) for four lots, (3) ComprehenSive SIgn Program approval, under the provlsIOns of SectIOn 3-1807
(SGN2004-09020) ,and (4) the vacatIOn of Beach Dnve (North Gulf VIew Boulevard) between San Marco
and Baymont Streets The Commumty Development Board (CDB) APPROVED the apphcatlOns With
the followmg bases and conditions
BRIAN J AUNGST, MAYOR-COMMI~510N[R
Hoy] HAMilTON, VICF MAYOR: CaM~mSIONF~ WHITNFY GRAY, COM\I]~,]Or-.11\
FIW'lI\ IIIlJBARD, COMMIS'IONJ 1\ @ 13111 I ONSON, COMM 1~~IOi'.1 1\
"[QUAI FMPI OYMrNT AND Allll\MA IIVI AC1ION EMPI OYFR"
"I
c. .
, .
,
Decembcr 16,2004
Armstrong - Page Two
Bases for Approval
I The proposal comphes wlth the Flexlble Development crltena as a ComprehensIve Infill
Redevelopment Project per Section 2-803 C,
2 The proposal IS !D compllance with other standards !D the Code !Deludmg the General Appilcablhty
Cntena per Section 3-913,
3 The proposal complies with Beach by DesIgn, and
4 [he development IS compatible with the surroundmg area and wIll enhance other redevelopment
efforts
Conditions of Approval
I That approval !Deludes 253 hotel rooms/uOlts, a maximum of 119 attached dwelhng umts and a
maXImum of 11,000 square feet of retall Gross Floor Area,
2 That approval of thIS Flexible Development case IS subject to the approval of a Development
Agreement With the CIty (Case DV A2004-00005),
3 That approval of thiS FleXible Development case IS subJect to the vacatIOn of nght-of-way by the
City pnor to the Issuance of any permits,
4 That any unused denSIty rooms/uOlts for the hotel be returned to the City'S denSity pool as
descnbed In Beach by DeSIgn,
5 That no hotel rooms/umts be deemed attached dwellmgs WIth llldIvIdual dwelhng umts, nor shall
rooms/umts qualify for homestead exemptIOn or home or busmess occupational hcenses At the
request of the Clty Manager or deSignee, the records of the busmess shall be made available for
examlllatlOn to determme whether the length of stay compiles With these prOVISIOns Fallure to
provide such records upon request shall be grounds for ImposItion of appropnate fines,
revocation of the occupatIOnal license and/or any other enforcement afforded by law or by CIty
regu latlOns,
6 That the final deSign and color of the bmldmg be conslstent WIth the conceptual elevattons
submitted to, or as modified by, the CDB,
7 That, pnor to Issuance of any site development bmldmg permIts, a CIty Right-of-Way UtlhzatIon
Permit be obtamed for the proposed walls and fountalll,
8 That, pnor to Issuance of any site development bmldmg permits, the apphcant compensate the
City for the five lost street parkmg spaces at $4550 00 per space,
9 That, pnor to the lssuance of the first Certificate of Occupancy, traffic Impact fees be assessed
and paJd,
10 That all Parks and RecreatlOn fees be paId pnor to the Issuance of any permits, as proVided by
the Development Agreement,
11 That a FInal SubdIVISion Plat be recorded pnor to the lssuance of buIldmg permits for vertical
Improvements,
12 That a condommIUm plat be retarded pnor to the Issuance of the first CertIficate of Occupancy,
13 That the ComprehensIve Sign Program be approved III concept, where final deSign of all SignS
pnor to IssuanGe of Sign permits be m substantIal comphance With those approved herem and
where all freestandmg SignS be set back a mmlmum of five feet from the property lme,
14 That all applicable reqUIrements of Chapter 39 of the BUlldmg Code be met related to seawall
setbacks,
15 That pnor to Issuance of penUlt::. for any eXlstmg or proposed structures west of the Coastal
ConstructIon Control Line (CCCL), the apphcant submit a copy of the Flonda Department of
EnVironmental ProtectIOn approval for that constructIOn west of the CCCL,
16 That all Fire Depattment reqUIrements bc met pnor to the Issuance of any permits, dnd
""""1'~ , #;" .
December 16,2004
Am1strong - Page Three
17 That the constructIOn of the controls and electncal work for the hft statIOn be completed to the
satlsfactlOn of the Clty Engmeer pnor to lssuance of the first Certificate of Occupancy for the
hotel
Pursuant to SectIOn 4-407, an apphcatlOn for a bUlldmg permit shall be made wlthm the tJrnefrdmes set
forth m the Development Agreement, which still must be approved by the City Council (DV A2004-
00005) All reqUIred certIficates of occupancy shall be obtamed wlthm the time frames set out III the
Development Agreement Time frames do not ch,mge wlth successive owners The Commumty
Development Coordinator may grant an extension of time for a penod not to exceed one year and only
wlthm the ongmal penod of vahdlty The Commumty Development Board may approve one addltlonal
extensIOn of tIme after the commumty development coordinator's extenSIOn to mlttate a bUlldmg penmt
appllcahon
The Issuance of thiS Development Order does not reheve you of the necessity to obtam any bUlldmg
permits or pay any Impact fees that may be requued In order to faclhtate the Issuance of any permlt or
hcense affected by thiS approval, please bflng a copy of thiS letter With you when applymg for any
permits or hcenses that reqUIre thiS pnor development approval
AdditIOnally, an appeal of a Level Two approval (Flexlble Development) may be mltlated pursuant to
SectIon 4-502 B by the apphcant or by any person granted party status wlthm 14 days ofthe date of the
CDB meetmg The filmg of an apphcatlon/nottce of appeal shall stay the effect of the deCISIon pendmg
the final determmatIOn of the case The appeal penod for your case explres on December 28, 2004 (14
days from the date of the CDB meetmg)
If you have any questlons, please do not heSitate to call Wayne M Wells, Planner Ill, at 727-562-4504
You can access zonmg mformatIOn for parcels wlthm the City through our webslte
www mydearwater com/gov/depts/plannmg *Make Us Your Favonte!
Cynthia H Tarapam, AICP
Plannmg DIrector
~ \Plallillng Depallmen/1C D BIFLEX (FLD)lPendmg caseslUp for the next CDBlMandalay 500 Sandpearl Resort (T) - Appro~ed\Mandalay
500 De~elopmenl Order doc
Jayne E. Sears
From:
Sent'
To
Subject.
John Hobach ~ohnh@Jmcdev com]
Monday, January 17, 2005 11 16 AM
Jayne E Sears
RE Sandpear1-INFO NEEDED
Jayne,
The floorplate of the hotel typ~cal floor (wh~ch ~s above 45' ~n he~ght) ~s approx~mately
35,000 sf (greater than the 25,000 sf allowable as stated ~n Beach By Des~gn B.3 a).
The floorplate of the condom~n~um typ~cal floor (wh~ch occurs both above 45' and above
100') lS approx~mately 22,000 sf (also greater than the allowable 25,000 sf ~n BBD B 3 a
and the allowable 10,000 sf In BBD B 3.b) The floorplate of the condo~nlum penthouse
floor (wh~ch occurs above laD') lS approxlmately 20,000 sf (aga~n, greater than the
allowable 10,000 sf 1n BBD B 3 b).
Therefore, as stated on page 59 of Beach by Deslgn B 3,c, "dev~atlons to the above
floorplate requ~rements may be approved prov1oed the mass and scale of the des~gn creates
a tlered effect and compIles w~th the max~mum bu~ldlng envelope allowance above 45' as
descrlbed ~n sectlon C 1 4 below "
C.! 4 talks about "per~ tted volume", and states "no more than 60% of the theoret~cal
maxlmum bu~ld1ng envelope located above 45' w~ll be occup~ed by a bu~ld~ng"
If you refer to our response to staff comment #43 from the resubm1ttal package, the
"volume" was calculated to be approx~mately 40%, Wh1Ch lS well under the allowable 60%
I hope th~s prov~des the lnformatlon requested Let me know ~f you need anythlng else.
Thanks, John
-----orlg~nal Message-----
From Jayne E. Sears [ma1lto JayneS@Jpf~rm.com]
Sent Fr1day, January 14, 2005 9:49 AM
To John Hobach
Cc: Ed Armstrong
SubJect Sandpearl - INFO NEEDED
Wayne Wells ~nd~cated to me that he has not completed h~s rev~ew of your exh~b1t re
bUlldlngs over 100' ~n helght; however, that he noticed that you d~d not provlde
floorplate 1nformatlon
So, we need to glve someth1ng to Wayne to conflrm the Slze of the floorplates
See #3 on page 59 of the BBD Des~gn GUlde!lnes(attached) concern~ng the requ~rement.
Jayne E. Sears
Legal Ass1stant
Johnson, Pope, Bokor,
Ruppel & Burns, LLP
911 Chestnut Street
Clearwater, FL 33756
Phone' (727) 461-1818
Fax. (727) 462-0365
1
(
\'
Comment No. 43: Provide full justificatIon (narrative, drawings, etc.) of compliance with Beach
by Design, especially including compliance with the Design Guidelines. For
tbe residential tower that exceeds 100 feet in height, justification must
address the provisions for liB. Height" on Pages 57-59 (items 1, 2b and 3),
"C.Design, Scale and Mass of Buildings" and D.Setbacks." Provide
calculations, building envelope and percentages.
Response No 43 One of the major goals of Beach By Design IS to promote the development of a
destmatlon resort whIch Wlll serve to re-establIsh Clearwater Beach as a quality,
famIly resort commuruty As quoted from the DesIgn GUldelInes sectIon of
Beach By Design (page 56), "The design gUIdelines are mtended to address and
promote the followmg pnncIples and are mtended to be admtmstered m a flexIble
manner to achIeve the highest qualIty bUIlt enVIronment for Clearwater Beach
They are not Intended to serve as regulatIOns reqwnng specific relief except with
regard to buIldmg height and spacmg between bUIldmgs exceedmg 100 feet In
height II
It IS the developer's oplillon that the proposed resort meets all desIgn obJectIves
and cntena that Beach By DeSIgn has outlIned. It IS pedestnan friendly, WIth
pavers, SIdewalks, upgraded landscapmg, SIgns, fountams, and street lIghtIng all
wIthm the Clearwater Beach vernacular. AttentIon was paid to the scale and mass
of bUIldIngs, WIth only one tower over 100 feet m height, With a buIldmg
envelope well under the allowable 60% maxImum (calculated at approxnnately
40%), and WIth a bUlldmg separation from other buIldmgs over 100 feet 10 height
of 68 feet more than reqUIred (568 feet vs allowable 500 feet; see "Allowable
BuIlding HeIght" m Development Book, Redevelopment Parcels tab) The
building setbacks are conSIstent Wlth eXlstmg bUlldmgs, and meet the mtent of
proVldmg a pedestnan frIendly enVIronment
1f19f200511 30AM
40900 10 1407
113321 72 v 1 - 1M CJSand perarl Responses 2
35
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CITY OF CLEARWATER
PIANNING DEPARTMENT
POST OFFICE Box 4748, CrF.ARWHfR, FLORIDA 33758-4748
MUNICIPAL SrRVlcES BUIIJ)!NG, 100 SOUTH MYRTLE AVENUF, CLE.ARWATE.R, FLORIDA ~~756
TW.PHONe (727) 562-4567 FAX (727) 562-4576
LONG RANGF PL\NNING
DEVELOPM"t\'T REvIEW
December 6,2004
E D Annstrong III, EsqUire
Johnson, Pope, Bokor, Ruppel & Burns, LLP
POBox 1368
C1edrwater, FL 33757-1368
Rc Community Development Board Mectmg (Case Nos FLD2004-09068/PL T2004-
000 l6/SGN2 004-09 0201D V A2 004-00005)
Dear Mr Anllstrong
The Case Nos FLD2004-09068/PLT2004-00016/SGN2004-09020/DVA2004-00005 for (1)
FleXIble Development approval to permit a maximum of 260 ovemIght accommodatlOn umts,
120 attached dwellIngs and 11,000 squarc feet of retaIl sales and servIces as a mIxed use (wIth
mcrease m denSity of 141 hotel rooms from the Beach by DeSign denSity pool), With reductIOns
to the front (east dlong Mandalay Avenuc) setback (between Baymont and Ambler Streets) flOm
15 feet to eight feet (to bmldmg) and from 15 feet to zero feet (to pavement and waterfall
feature), a reductlOn to the front (south along Baymont Street) from 15 feet to zero feet (to
pavement), a leductlOn to the front (north along Ambler Street) setback from 15 feet to five feet
(to bUIldmg), a reductIOn to the front (east along Mandalay Avenue) setback (between San Marco
and Baymont Streets) from 15 feet to zero feet (to bUlldl11g), a reduction to the front (south along
San Marco Street) from 15 feet to zelO feet (to butldl11g), a reductlOn to the Side (west) setback
(Coastal ConstructlOn Control Lme [CCCL]) from 10 feet to zero feet (to bUlldl11g and pool
deck) and to aIlow cXlstmg and proposed Improvements to remam up to 62 feet west of the
CCCL, a reductlOn to the Side (east and north between San Marco and Baymont Streets) from 10
feet to four feet (to bUlldl11g), reductions to the Side (east and north, north of Ambler Street) from
10 feet to one feet (to bUlldmg) and from 10 feet to one-foot (to pavement), an mcrease to
bUlldl11g heIght from 35 feet to 95 feet (to roof deck) for the proposed overnight accommodatlOn
us e (WI th an add I tlOn al 12 - 20 feet for deco rah ve mans ard archl tec tural em b elllslunen ts), an
Increase to butldmg heIght from 35 feet to 150 feet (to roof deck) for the proposed reSidential
bUlldmg (With an addItional 12 - 18 feet for decorative mansard archItectural embellishments), a
rcductlOn to reqUlred parkl11g from 456 spaces to 431 spaces and deVlatlOns to allow stacked
parkmg and bUlldmgs wIthm the vlslbthty tnangles, as a ComprehenSive Tnfill Redevelopment
Project, under the prOVISIons of SectlOn 2-803 C, and to ehmmatc the reqUIred foundatIOn
landscapmg along Mandalay A venue and San Marco Street, as a Comprchenslve Landscape <
Program, under thc provlslOns of Sectlon 3-1202 G, (2) PrelImmary Plat approval (PL T2004-
BRIAN J AUNGST, M \ 'r OR C OMMj~SrONFR
Boyr H A.MI I TON, VIO MA, OR-COM.~II<;srONFR WI III NL Y G RAY, Call 111~,>r()NfR
FRANK HIBBARD, COMMISSfllNI R * 1311 I JOr-<WN, COlhllh,IOI\I Rd
"EQUAl EMf'rOYMINT \"IDAHIRM-\IIVI AC1IONblrlOYrR"
,
~ ) \..
December 6,2004
Am1strong - Page 2
00016) for three lots, (3) ComprehensIve Sign Program approval, under the provlslOns of Section
3-1807 (SGN2004-09020), (4) the vacation of Beach Dnve (North Gulf view Boulevard) between
San Marco and Baymont Streets, and (5) RevIew of, and recommendatIOn to the City Counctl, of
a Development Agreement between CBR Development r, LLC and eBR Development n, LLC
and the City of Clearwater (DY A2004-00005), for property located at 470 and 500 Mandalay
Avenue and 470, 489, 490 and 495 Beach Dnve, has been deemed sufficient and has been
scheduled to be reviewed by the Commumty Development Board on December 14, 2004
The meetmg WIll take place at 2 00 pm 10 the Clty Council Chambers, 3rd floor of City Hall at
112 S Osceola Avenue, Clearwater
I f you have any questions, please do not hesItate to call me at 727-562-4504
Smcerely,
t!::t~ !;s:}fc~
Planner lU
S IPlmlNlJlij DepnllmemlC D BIFLEX (FLD}IPendmg cnseslUpfOl Ihe /leXI CDB\Mandalay 500 Sandpearf Resort (T) 11 /4 04 CDB .
WW\MandllllJY 500 CDB Leller doc
ENGINEERING
Comment No.1:
Response No I
Comment No.2:
Response No 2
Comment No.3:
Response No 3
Comment No.4:
SANDPEARL SITE PLAN SUBMITTAL
REPSONSES TO STAFF COMMENTS
Need to identify and specify width of proposed publIe sidewalk along
Mandalay Avenue.
The proposed publIc sIdewalk along Mandalay will be 8 feet wide, except at
locatlons shown and labeled on the landscape archltect'~ plan At these locatIOns
the sIdewalk shall be no less than 5 feet fhe reason for the reduced WIdth IS to
not be m contact with the samtary hft statIOn eqUipment slabs
Need to show safe path within the existing pedestnan casement from Ambler
Street to the seawall.
Safe pedestnan path has been shown on Sheet 4 of 15 of the SIte Plan If
necessary, the eXlstlOg pedestrIan easement shall be amended to mclude the
proposed path
Need to provide a sidewalk along Ambler Street pcr Community
Development Code Section 3-1701.
A marked path shall be provIded m heu of a SIdewalk
Need to provide a 24-foot wide pavement for two-way traffic on Ambler
Street.
RECEIVED
NOV 1 9 2004
PlANNING DEPARTMENT
CITY OF CLEARWATER
Response No 4
Comment No.5:
Response No 5
Comment No.6:
Response No 6
Comment No.7:
Response No 7
Comment No.8:
Respon~e No 8
\ /
The eXlstmg nght-of-way for Ambler IS only 20 feet wide Please refer to the
\
detatl on Sheet 4 of 15, for the relatlOnsillp between servIce dnve, pedestnan path
and eXlstmg Improvements
The proposed waterfall cannot be constructed within the right-oC-way of
Mandalay Avenue (Community Development Code Section 3-1909.D.).
A portIOn of the proposed waterfall/entry fountalll and landscape walb are
planned to be wIthm the eXIstmg Mandalay nght-of-way The applIcant Will
apply for a nght-of-way utilizatIOn permIt through the CIty'S Public Works
Department and the applicant shall mamtam these structures
The proposed landscape walls cannot be constructed within the right-of-way
of Mandalay Avenue (Community Development Code section 3-t909.D.)
See Response No 5
The propo!.ed building shall not be constructed within the eXlstmg pedestrian
easement (Community Development Code section 3-t909.D.).
The existmg hotel bUlldmg was constructed over the pedestnan easement and
does not, III any way, prohibit pedestnan access to the beac.h The Sandpearl
Resort Will be constructed m a SImIlar manner and no part of the structure wtll be
wlthm the pedestrwn easement The vertIcal clearance over the pedestnan
easement will not be less than currently eXists (7'6") and, therefore, pedestrIan
access to the beach w1l1 not be affected by the new structure
Need to !.how vehIcle path for tractor trailers accessmg the loading dock.
The vehIcle path has been added to Sheet 4 of t 5 of the SIte Plan It IS desIgned
for an AASHTO smgle umt vehicle, whIch IS 3D' long
2
Comment No.9: Need to show how solid waste truck will be able to maneuver and service the
proposed compactor.
Response No 9 The traffic routes for the sohd waste truck wIll be the same as for other delivery
trucks The AASHTO smgle Ulllt desIgn vehicle IS larger than a solid waste
truck, thus a solId waste truck can be accommodated
Comment No. 10: The proposed terrace near the intersection of Mandalay Avenue and Ambler
Street IS within the Sight triangle.
Comment No 10 The terrace has been ehmmated from the structure See Sheet 4 of 15 of the SIte
Plan
Comment No. 11: With the hotel walls, a passenger vehicle eXIting the garage onto Ambler
Street will encroach into oncoming traffic.
Response No 11 Passenger vehIcles wIll not eXIt the hotel at Ambler Pa:;,senger vehicles eXIting
the garage wlll be re:;,tncted to a left turn (towards additional parkmg at the
northwest corner of the property)
Comment No. 12: The "EXisting Sign To Remain..." at Baymont Street and Mandalay Avenue
must be removed.
Response No 12 The note has been removed from Sheet 9 of 15 of the Site Plan
Comment No. 13: A Fire Department Connection cannot be constructed within a right-of-way
(Mandalay Avenue and Baymont Street).
Re:;,ponse No 13 All Fire Department ConnectIOns are now shown outside of any street nght-of-
way
3
Comment No. 14:
Response No 14
"
Comment No. 15:
Response No 15
Comment No. 16:
Response No ] 6
Comment No. 17:
.
Need to provide a water main loop for existing fire hydrant on Ambler
Street.
ThIS Issue has been revIewed by the Fire Marshal (Joel Gray) A flow test wIll be
conducted at thIS eXIstmg fire hydrant to venfy adequate supply In the event that
the flow does not meet fire department reqUIrements a new connection will be
made to the eXlstmg 12" water mam on the cast sIde of Mandalay that wIll
provIde the proper flow rate A looped system IS not needed If necessary, we
request that this Item be a condition of bUlldmg permIt m order to proVide
suffiCIent time to resolve
No new construction can be proposed seaward of the Coastal Construction
Control Line.
The only new constructIon seaward of the CCCL I') portions of the pool,
sIdewalk, landscapmg, etc , as shown on the plans It IS understood that an FDEP
permIt will be reqUIred before thIS constructIon can take place
Need to provide additional fire hydrant(s) to meet Fire Department
requirements (no fire protection for west side of proposed hotel or the
detached bmldmgs at the northwest corner of the site).
The FIre Marshal has reVIewed the proposed, modIfied fire hydrant and FIre
Department c...onnectIOn locatIOns and has found them to be adequate to meet the
needs of the FIre Department
A 4-inch domestic water meter is proposed to be installed within the travel
way of Ambler Street. The proposed meter shall be installed outside of any
improved surface.
4
.
Response No 17 The proposed meter location has been revIsed Please see Sheet 11 of 15 of the
SIte Plan
Comment No. 18: General Note: Need to show a 2-foot hOrIzontal clearance from any vertical
obstruction for all public sidewalks, existing or proposed.
Response No 18 In general the project wIll comply wIth this reqUIrement Exceptions, where they
occur, should be consIdered on a case by case basIs
Comment No. 19: On Sheet 12 of 15, need to remove western drive apron from San Marco
Street and restore right-of-way.
Response No 19- Done
Comment No. 20: Need to show the striping for all street parkmg spaces on San Marco and
Baymont Streets.
Response No 20 All stnpmg for eXlstmg parkmg spaces IS now shown on Sheets 2 of 15 and 3 of
15 of the SIte Plan Stnpmg for all new parkmg areas on Mandalay, San Marco
and Baymont IS now shown on Sheets 4 of 15 and 5 of 15 of the Site Plan
Comment No. 21: Need to accurately depict the relocated water main near the east property
hne of the Mandalay Beach Club.
Response No 2] Done See Sheet 12 of IS ofthe Site Plan
Comment No. 22: On Sheet 10 of 15, need to expand note on drive apron removal along
Mandalay Avenue to include coordination of the removal and curb
replacement with the installation of parking meters for public parking.
5
\ /
Response No 22 Done Please see Sheets 5 of 15 and 10 of 15 of the Site Plan and Sheet LA-02 of
the Landscape Plans
Comment No. 23: Need to show the right-of-way of Baymont Street as 65-feet not 40-feet.
Response No 23 Please see the boundary survey submitted with the Site Plan, whIch reflects an
eXlstmg nght-of-way of 40 feet, and a roadway easement of 25 feet m width
along the northerly fIght-of-way hne of Baymont
Comment No. 24: The city must be compensated for the approximately ten metered parking
space~ that wIll be lost ($4550 per space).
Response No 24 The total number of spaces lost IS 5 due to the followmg
San Marco =
Baymont
Mandalay
- 3 Spaces
- 5 Spaces
-I- 3 Spaces
Net Loss =
5 Spaces
Comment No. 25: Need to show and indicate what is planned for the eXlstmg gas main within
the right-of-way of the proposed vacated Gulfview Boulevard.
Response No 25 Gas mam to be removed Please see Sheet 10 of 15 ofthe Site Plan
Comment No. 26: Demonstrate access to the proposed storage unit on the west side of the
proposed condominiums. Also show doors, stoops, etc.
Response No 26 Access to the proposed storage umts wIll be from the boardwalk sIde of the
garage A pair of doors has been added to the Street Level plan Pleao;;e refer to
Sheet 8 of 19 of the ArchItectural Plam
6
Comment No. 27: Water main along San Marco Street needs to be looped.
Response No 27. The Fire Marshal has also revIewed thIS Issue A flow test will be conducted at
the eXIstmg fire hydrant m San Marco If necessary, we reque~t this Item to be
addressed/resolved prior to bUIldmg permit
Comment No. 28: The proposed shower at the west end of the Baymont cul-de-sac may not be a
safe location. Need to show pad, drainage and seating facilities. How will
this water be metered.
Response No 28 The shower has been relocated to the northwest The CIty needs to clanfy the
reqUIrements for seatmg The water meter, If one IS requued, wIll be 10 the name
of the City See Sheet 12 of 15 of the Site Plan
Comment No. 29: Where do vl.!.itors park? (Guests, service and delivery vehicles, etc.)
Response No 29 Guests of condomllllUm residents wtll be granted access to the condomimum
parkmg area ServIce and delIvery vehicles for the hotel Will access the hotel
loadmg dock area via Ambler Street AuthOrized servIce and dehvery vehicles
for the condommmm will park to any of the unassIgned condoilllmum parkmg
spaces
Comment No. 30: Include with the Site Plan sheets a drawing indicating where additional
parkmg space can be gained dUring peak periods when increased valet
parking is utilized.
Response No 30 Please refer to Sheet 3A of 15 on the revIsed Site Plan, whIch depicts any
addItIOnal 74 parklOg spaces when valet parkmg IS utIltzed
7
"-
Comment No. 31: Additional comments may result from revisions snbmitted addressing these
comments.
Response No 31 Understood
Comment No. 32: Page 4/15 indicates an outdoo,:, terrace at the southwest corner of the
intersection of Mandalay Avenue and Ambler Street. Sheet 11115 indicates a
backflow preventor and meter at the same location, which appears to be
under the outdoor terrace. Resolve conflict. (Comment added by W. Wells
per discussIOn with S. Rice).
Response No 32 The outdoor terrace has been deleted The water meter and backflow preventor
have been relocated as depicted on Sheet 11 of 15 of the Sltc Plan, and are
outside the SIght tnangle
Comment No. 33: All ofthe above to be addressed prior to CDB.
Response No 33 Understood
LANDSCAPE ARCHITECTURE COMMENTS
Comment No.1:
Roundabout for San Marco Street not shown.
Response No 1
The SIte Plan has been revIsed to show the "Roundabout" located within the
eXlstmg San Marco nght-of~way
Comment No.2:
Sidewalks on San Marco Street should remain as constructed by the CIty.
Response No 2
They Will remam as constructed by the CIty, except at the proposed dnveway
access, where the HIe ramps will be provided on both Sides of the dnveway
8
Comment No.3:
Response No 3
Comment No.4:
Response No 4
Comment No.5:
Response No 5
Comment No.6:
Comment No 6
Comment No.7:
Rcsponse No 7
Comment No.8:
Landscape and Civil plans conflict as the Landscape plans show plantings at
the proposed driveway off San Marco Street.
Shect LA-02 of the Landscape Plans has been revIsed to differentiate between
landscapmg on the ground level and landscapmg on Level 3 (pool deck area)
Plantings installed by City along San Marco Street should remain.
Understood See Sheet LA-06 of the Landscape Plans
Sidewalk along Mandalay Avenue should be 8-feet wide, minimum.
See response to Engmeenng Comment # 1
(Missmg)
N/A
Landscaping plan along Mandalay Avenue shows Washingtonian Palms,
while the City template for Mandalay Avenue utilized Cabbage Palms, need
to be consistent with adjacent, existing landscaping.
The Landscape Plans (Sheet LA-OS) have been revIsed to propose date palms,
which are acceptable SIdewalk landscaping III accordance With Section 4
(SIdewalks) of Beach by De<;lgn DeSIgn GUIdelmes
Accurately locate Progress Energy transformer along Mandalay Avenue and
provide for acces~ and maintenance requirements.
9
Response No 8 The eXlstmg electrIcal transformer (on Mandalay Avenue south of Baymont) has
been shown on Sheet 3 of 15 of the Site Plan The eXlstmg electrIcal transformer
(on Mandalay Avenue north of Baymont) IS adjacent to the lift station and WIll be
relocated as part of the relocation of the hft station
Comment No.9: Show proposed locations of existmg and proposed lighting and sidewalk
furniture along Mandalay Avenue.
Response No 9 The locatIOns of eXIstmg and proposed hghtmg and street furnIture are shown on
Sheets LA-OS and LA-06 of the Landscape Plans
Comment No. 10: Show continuous sidewalk along south side of Baymont Street (plantings
proposed at entrance to condominium driveway).
Response No 10 The contmuous sIdewalk IS now shown on Sheet LA-06 of the Landscape Plans
Comment No. 11: Show driveway and parking for property on the southwest corner of
Mandalay Avenue and Baymont Street.
Response No 11. Please see Sheet LA.06 of the Landscape Plans
Comment No. 12: Landscaping and streetscaping for Baymont Street should be consistent with
the City template for San Marco Street to provide consistency and mamtain
appearance of public access.
Prior to building permit, pro"Vided detailed construction drawings of the
proposed storm water line extenSIOns. (CIVIl Consultant will comply With thIS
Issue)
Response No 12
Landscapmg on Baymant has been reVIsed to be conSIstent WIth landscapmg for
adjacent streets as well as Mandalay Avenue
10
<
,
ENVIRONMENTAL CONDITIONS
Comment No.1:
Response No 1
Comment No.2:
Response No 2
FIRE CONDITION
Comment No.1:
Response No 1
CautIOn - Sea oats on the water side of the Coastal Construction Line may
not be disturbed.
It IS the mtent of the desIgn to make It clear to all pedestnans that Baymont
provIdes pedestfJan access to the beach. That fact IS not "ObVIOUS" at tillS time
due to the height and locatIOn of the eXlstmg sea oats at the western end of
Baymont The appltcant wIll prepare the appropnate permIt applIcations to FDEP
to allow for mItigatIOn of any Impact to eXIstIng sea oats seaward of the CCCL m
accordance with applIcable rules and regulations
Prior to building permit, provide sea turtle friendly lighting. (Ord. No. 6928-
02) Development code, Section 3-1302 subsectIOn D.
Understood
Provide a plan showing the proposed method of Fire Emergency vehicle
turn-around on both Baymont Street and San Marco Street. If the turn-
around involves the vehIcles havlOg to drive on any ramped area over a
voided or vaulted area, the ramps must be bUIlt to a HS-20 design. Should
the turn-around area necessitate the vehicles to pass under any part of the
bmldmg, the height from the road surface to the underside of the building
must be at least thirteen feet six inches (13' 6").
The Fire Marshal has revIewed thiS Issue and has determmed that the addItional
concrete dnveway WIdth on the east Side of the north entrance to the proposed
condommmm adequately addresses the Issue for Baymont, and that reVISIOns to
11
Comment No.2:
Response No 2
Comment No.3:
Response No 3
the south wall of the two story garage (north nght-of-way of San Marco), to be
made by the architect, ehmmates the need to provIde a Fire Emergency turn-
around wlthm the San Marco flght-of-way
High-rise structures require full fire protection systems including, but not
limited to, a fire pump and a generator if fire pump is electric, and be
designed to meet the minimum requirements for fire alarm equipped with
vOice evacuation and fire fighter two way commumcation, Central Control
Station, pressurIZed stairwells, stairwell marking as per the FlorIda Fire
Prevention Code-200! Edition and NFPA 101 Life Safety Code 2000 Edition.
Stairway IdentdicatlOn shall be designated by the side of the structure the
stairway IS located on by the words "ALPHA" for the address side of the
structure. The other sides identified clockwise as "BRAVO", DELTA" and
"CHARLIE". If located in the corner of a structure the stairway shall be
Identified by the two sides that mtersect i.e. "ALPHAfBRA VO".
For the Hotel Phase, the Fire Command Center IS located at the Porte Cochere
facmg Mandalay Avenue above the flood level We will work WIth the Fire
Department m labelmg ~tatrways The fire pump and the generator WIll be
desIgned accordmg to the appropnate code reqUirements and locatcd above the
flood level off Ambler Street
High nse condoillm1Uill buddmg Will comply With hIgh-rise reqUIrements as per
the FlOrIda FIre PreventIOn Code-200l EdItion and NFPA 101 LIfe Safety Code
2000 edItton mcludmg but not hmltcd to provldmg a fire pump and generator
Space for reqUIred fire eqUipment IS located on the Level 2 plan
This DRC Review by Fire is not an approval or review of any construction
plans or documents other than site work.
Understood
12
Comment No.4:
Response No 4
A Card Reader is shown in the middle of the agreed upon Fire Department
turn-around on the South side of Baymont Street. Please advise how this will
work.
The Fire Marshal has revIewed tlllS issue and has determmed that the location of
the proposed card reader IS acceptable
HARBOR MASTER CONDITION
Comment No.1:
Response No 1
LEGAL
Comment:
Response
No issues. I am working with legal on a dock agreement for a non-adJoming
site which mayor may not be separate to this document. Bill Morris.
Understood
No Issues.
N/A
LAND RESOURCE CONDITION
Comment No.1:
Response No 1
Revise "Tree Removal Schedule", accent trees should be limited to
Ligrustrum, Holly, Bottle Brush and Mimosa only. Evergreens and PIDes
should be limited to Pines, and Evergreens only. Review prior to building
permit.
Understood
13
LANDSCAPING
Comment:
Response
.!
\.
No issues.
N/A
PARKS AND RECS CONDITION
Comment No.1:
Response No 1
Open Space and RecreatIOn impact fees are due prior to building permit
issuance of final plat (if applicable) whichever occurs first. These fees could
be substantial and it is recommended that you contact Deb RIchter at 727-
562-4817 to calculate the assessment.
In accordance Wlth Section 5 03 8 of the proposed Development Agreement, the
Developer shall convey a parcel of land more particularly descrIbed therem
("Beach Property") to the CI!Y. The CIty agrees to accept the Beach Property III
full payment of the RecreatIOn FacIltty Land Fees and Opcn Space Fees for the
project The Developer shall pay the RecreatIon FacIhty Fees which are due and
payable m accordance WIth the City ordmance lmposmg such fees
STORM WATER CONDITION
Comment No.1:
Response No 1
Comment No.2:
Extend sUn'ey to north along Mandalay to point approxImately 50 feet
beyond proposed storm crossing.
Done Please see Sheets 2 of 15 and 9 of 15 of the SIte Plan
Add note on plans "All storm pipe to be construction to City of Cleanvater
Standards." Text regarding the wrapped joints may be removed as this is
included III the Standards.
14
Response No 2
Comment No.3:
Response No 3
Comment No.4:
Response No 4
Comment No.5:
Respon~e No 5
Comment No.6:
Response No 6
Comment No.7:
I.
Done Please see Sheet 9 of 15 of the Site Plan
All curb inlets to be FDOT Inlets, detail 210 with back constructed out of
brick per Ophon 4. Include curb flow line and throat elevatIOns for all
proposed inlets.
We beheve that detaIl 210 provides for a structure that IS larger than needed for
thIs SItuatIOn, and may necessItate the relocatIOn of other pubhc utlilhes that may
not need relocation If other solutions were used (FDe dId the construction plans
for the Mandalay Avenue alteratIOns which did not reqUIre the detaIl 210 option)
We request that thiS Issue be resolved pnor to bUlldmg permit m order to prOVIde
adequate tIme to find the best solution which may, m fact, be detaIl 210
Provide proposed elevations along all propo~ed curb.
Done Please see Sheets 9 of 15 and 10 of 15 ofthe SIte Plan
At seawall outfall, atlas shows a junction connection with a stub out and
grate inlet to the north that is not shown on plans. Verify by survey.
Replace grate inlet with curb inlet.
Done See Sheet 2 of 15 of the SIte Plan for eXlstmg condltlon~, and Sheet 9 of
15 of the Slte Plan for proposed deslgn
Ambler & Mandalay, locate and verify inlets located to the NW and SW of
Manhole D. RedeSIgn grate inlets for curb inlets.
Done Please see Sheet 9 of 15 of the Site Plan
Ambler & Mandalay, existing storm crossmg to be removed, not grout filled.
15
\.
Response No 7 Done Please see Sheet 9 of 15 of the Site Plan
Comment No.8: Specify and state size of pipe between structures 0 and F to be removed.
Response No 8 Done Please see Sheet 9 of 15 of the Site Plan
Comment No.9: Inverts for mlet F contains typographical error.
Response No 9 Done Please see Sheet 9 of 15 of the SIte Plan
Comment No. 10: Baymont Street, proposed structures 5 and 7 shall not be located within curb
return or radius.
Response No 10 ReVIsed Please see Sheet 10 of 15 of the Slte Plan
Comment No. 11: Baymont Street south driveway, what is the surface type on the eastern
portIOn of the driveway?
Response No 11 Pavers and concrete Please see Sheet 10 of 15 of the SIte Plan and Sheet LA-06
of the Landscape Plans
Comment No. 12: Baymont Street driveways, specify curb up to the ROW hnes.
Response No 12 Done Please see Sheet 10 of 15 of the SIte Plan
Comment No. 13: Baymont Street driveways, construct valley gutter curb across driveways.
Response No 13 Done Please see Sheet lOaf 15 of the Site Plan
Comment No. 14: EXisting Beach Street contains a force main outfall from the pump station.
IdentIfy on survey and specify to be removed.
16
~
Response No 14 The force mam IS now shown on "eXI.'itmg condltJons" Sheet 3 of 15 of the SIte
Plan
Comment No. IS: Stormwater Pump Station, specIfy existing pipes to be removed. Do not
grout fill pipes and abandon.
Response No 15 Done See Sheet 10 of 15 of the Site Plan
Comment No. 16: San Marco Street, new inverts are reqUIred on all structures on this storm
line. Existing flow is E-W, must reverse to W-E.
Response No 16 Done Please see Sheet 10 of 15 o[the Site Plan
Comment No. 17: San Marco Street, existing grate inlet shall be removed replaced with
manhole.
Response No 17 Done Please see Sheet 10 of 15 of the SIte Plan
Comment No. 18: San Marco Street, add a curb inlet at the east end of on-!>treet parking to
mtcrcept flows prior to Mandalay.
Response No 18 Done Please see Sheet 10 of 15 of the Sl te Plan
Comment No. 19: San Marco & Mandalay, verIfy that the size of existing manholes and
junction boxes are adequate for new pipe.
Response No 19 All eXIstmg structures (manholes and JunctIOn boxes) wIll be replaced with new
structures of adequate size.
Comment No. 20: Label filter area on each vault detail (plan view).
17
Response No 20
Comment No. 21:
Response No 21
Comment No. 22:
Response No 22
Done Please see Sheets 9 of 15 and lOaf 15 of the SIte Plan
Filter dram detail, why is the separation wall between the filter and storage
area about 3" - 6" below the DHW'? It would seem the excess flow over the
top would cause unnecessary turbulence and disturb the filter media.
The vault wall has been raIsed to the DHW elevation Please see Sheet 13 of 15
of the Site Plan
Filter drain detail, detail permanent connection of 30 mil linear to filter
fabric to create prevent water from bypassing the filter.
The 30 mIllmer has been lengthened Please see Sheet 13 of 15 of the SIte Plan
STORM WATER CONDITIONS
Ilrior to Building Permit - Understood
Comment No.1:
Response No 1
Comment No.2:
Response No 2
Comment No.3:
Respon~e No 3
Detail each utility crossing for possible conflict or profile proposed pipe
within ROW.
Understood
Filter drain detail, wrap 6" Perforated PVC in filter fabric or !lock to
prevent the discharge of fine sediment.
Understood
Filter dram detail, specify the #57 stone to be washed prior to installation.
Under~tood
18
Comment No. 4:
Response No 4
Comment No.5:
Response No 5
Filter dram detaIl, the 6" between invcrt to 6" pve and structure bottom
will provide a constant wet condItIon and w1l1 not contribute to filter
function. Is there a reason for this? If not, please revise bottom of structure.
Understood
Drainage Calculations, Area of Filter should be calculated by the distance
that IS perpendicular to the flow through the sand multiplied by the length of
the filter. Please verIfy calculatIOns.
Understood
SOLID WASTE SERVICE
Comment No.1:
Response No 1
All Solid Waste staging areas needed to be clearly marked. Where will
recycling bins be placed for condo UUltS. Plea~e work wIth the Solid Waste
Department for placement of compactor.
SolId waste stagmg has been shown on the street level plan. See Sheet 10 of 15
of the SIte Plan
TRAFFIC ENGINEERING CONDITION
Comment No. 1:
Response No I
Parking garage must have a vertical clearance of 8'2" per Chapter 11
Florida Building Accessibility Code, Section 11-4.6.5..
Mmlmum 8'2" clearance will be provided to each handIcap space per Chapter 11
FlorIda BUlldmg Acce5.slbIl1ty Code SectIOn 11 ~4 6 5
19
Comment No. 2:
Response No 2
Comment No. 3:
Response No 3
Comment No.4:
Response No 4
Comment No.5:
Response No 5
Comment No.6:
Stacked parking spaces under hotel (Valet parking spaces) must not be
included in the City's required parkmg calculations because they do not
comply with the City's Community Development Code (Section 3-1402).
11/1/04 - PER PLANNING - STACKED SPACES MAY BE COUNTED IN
V ALET PARKING AREAS.
The val~t parking area for the project has been further defined and IS now shown
on Sheet 3A of 15 of the Slte Plan This configuratIOn IS the same as the layout
shown m the Parkmg Demand Study for the Sandpearl Resort
General Note: Garage supports such as walls and columns must not intrude
within parking stall dimensions (Community Development Code SectIon 3-
1402).
The garage walls and columns do not mtrude mto the parkmg stall dImenSions
MInImum standard parkmg spaces are 9' x 19' elf With 17' x 19' elr for handIcap
spaces
General Note: Garage supports such as walls must not Impede driver's sight
visibihty when backing out of parking space (Community Development Code
Section 3-1402).
We wtll work With the CIty to agree on mIrrors to enhance VISlblhty 111 parkmg
stalls where the VIew may be lImited
General Note: Columns must not intrude in 5' x 19' disabled parking access
aisle. Chapter 1 t Florida Buildmg Accessibility Code, Section 11-4.6.3..
Understood
Doors must not swmg mto any accessible pathways.
20
Response No 6
Comment No.7:
Response No 7
Comment No.8:
Response No 8
Comment No.9:
Response No 9
Comment No. to:
\
Doors on the condominIUm have been revised to elImmate any intrusion mto the
reqUIred acceSSIble pathways See Sheet 8 of 19 of the ArchItectural Plans
Demonstrate that column locations provide adequate turning radius to
accommodate all vehicular mobility without encroaching into other traffic.
One-way dnve aIsles have been added as mdlcated on the street level and Level 2
drawmgs III order to mltJgate concerns Wlth possible automobile turnmg radIUs
conflIcts See Sheets 8 of 19 and 9 of 19 of the ArchItectural Plans for the
condommmm and see Sheet 4 of 15 of the SIte Plan for the hotel
Objects Within the sight distance triangles must not exceed 30" in height
from the pavement. Remove objects that are inside the Sight distance
triangle that do not meet this requirement or provide other measures to
provide for safe egress. This is of particular concern for the south driveway
from the condominiums and the north hotel drIveways.
Objects wlthm Sight tnangles have been mInImiZed On the south drIveway,
mirrors and gate are provided as safety measures as shown on Sheet 5 of 15 of the
SIte Plan
Mirrors to aid motorists in spottmg pedestrians must not be installed in the
middle ofthe driveway.
A more specIfic detail for the locatIOn of mIrrors, Slgns, etc , are now shown on
Sheet 5 of 15 of the SIte Plan
Provide a separate eastbound right turn lane for Baymont Street or a study
of the turning movements of this intersection (that accounts for pedestrian
traffic) that demonstrates a Level of Service D or better.
21
Response No 10 The need for an additional lane IS not supported by any traffic or pedestnan
demand A pedestnan traffic study has been Included In the Appendix for the
Traffic Report
Comment No. 11: Will there be any improvements to the signalized intersection of Baymont
Street and Mandalay Avenue?
Response No 11 No Improvements are planned or recommended
Comment No. 12: The western driveway to the proposed hotel conflicts with the City's
Community Development Code in three cases a) SectIOn 3-1402.B. prohibits
more than one entrance/exit per property unless necessary to alleviate
congestion and improve traffic flow, b) SectIon 3-102.D.l. requires a
mlDlrnum connection spacing of 12S-feet (the proposed driveway is approx.
40-feet from Mandalay and within approx. 60-feet of the driveway to the
hotel garage) and c) SectIon 3-102.D.3. prohibih new connections within the
functional area of an intersection unless no other reasonable access IS
available and a study prepared by a registered engineer demonstrates that
the connection does not create safety or operational problems.
Response No 12 These non-conformances are a duect result of our declslOn to relocate the mam
hotel entrance away from Mandalay A venue and onto a Side street (Baymont)
The result IS a safer operatIOn SlUce the conflIctmg movements have been
relocated to a street WIth SIgnIficantly less traffic
Comment No. 13: Circular driveway must be able to accommodate a tour bus. Show turning
radius on the Site Plan for such a vehicle.
Response No 13 Tour buses will be unloaded at bus stop pOInt on Mandalay Avenue The Porte
Cochere WIll not be used as a bus SlOP
22
Comment No. 14: Show limousine, taxi, bus, and/or shuttle van staging at the traffic circle.
Response No 14 Vehicular stagmg has been mdlcated on Sheet 4 of 15 of the Sltc Plan
Comment No. 15: Show on the Site Plan staging area for valet parking at the traffic circle.
Response No 15 See Response No 14
Comment No. 16: Demonstrate the accessIble paths from the public sidewalk along Mandalay
Avenue mto the hotel and condommlums.
Response No 16 Both handicap accessIble entrances to the hotel and condomInIUm are off of
Baymont Street A handicap acceSSible path IS provided from Baymont Street
directly to an elevator located at the parkmg level on the southern wmg of the
hotel as shown on Sheet 4 of 15 of the SIte Plan The handIcap acceSSible path
from Baymont Street to the condomInIUm IS shown on Sheet 5 of 15 of the Site
Plan
Comment No. 17: All the above to be addressed prior to CDB.
Response No 17 Understood
Traffic impact to be determined and paid prior to c.o. (Pinellas County
Ordinance)
llLANNING
Comment No.1:
Provide one, unbound copy of the reduced color building elevation
(Mandalay Avenue and beach sides - 8.5" x 11") for CDB presentation
purpo~es.
23
Response No 1
Comment No.2:
Response No 2
Comment No.3:
Response No 3
Comment No.4:
Provided with thiS submIttal
Provide as part of architectural plans a roof plan for hotel phase, similar to
that provided for residential/retail phase.
A schematIc roof plan for the hotel can be seen on Sheet 2 of 19 of the
ArchItectural Plans Addltional roof plans and roof detaIls wIll be provIded WIth
the constructIOn permIt set
Provide the material and color for all extenor building finishes on the
building elevatIon (wall, railing, faSCia, columns, balusters, window
moldings, architectural embellishments, etc.)
See Sheets 6, 16, 17, 18 and 19 of 19 of the ArchItectural Plans for extenor
bUIldmg fimshes
Unclear as to roof structures for entire project, whether the roofs are flat
roofs are flat roofs or pitched roofs. Ensure all plans are coordinated and
consistent (flat wIth parapets or pitched roofs). Code provisions for
"building height" state that for a pitched roof the building height is
measured to the mid-point of the pitched roof. Code provisions for
"building height" state, however, for a flat roof the building height is
measured to the highest finished floor roof surface. Architectural plans
indicate a "decorative mansard roof" for the hotel, residential tower and the
mixed use smaller structure (unclear for the ballroom portion of the hotel).
Sucb mansard is not a pitched roof nor a parapet, especially at a height of 33
feet from the roof deck for the hotel. Height will be measured to the highest
point of the roof for the decorative mansard roof. Important to differentIate
due to height restnetions under the Tourist District and Beach by Design.
Ensure plans are clear as to roof structure and proposed height IS
24
Response No 4-
Comment No.5:
Response No 5
Comment No.6:
Response No 6
Comment No.7:
Response No 7
dimensioned properly in relation to roof structure. AdditIOnally, parapets
by Code cannot exceed 30 inches above the roof dcck. Any proposed
parapets exceedmg 30 inches must be included in the request, with full
Justification for all increases. May need to redesign roof structures to meet
Code and/or Beach by Design provisions.
The apphcant has revised Its request for Flexible Development Approval for a
ComprehensIve Infill Redevelopment Project to clarify the additIOnal heIght
requested for the hotel and condommmm In addItIon, the apphcant requests
approval of (I) a decorative mansard archItectural embelltshment rangmg In
height from 12' to 18' to be attached to the flat roof deck of the proposed
condominIUm and (11) a decorative mansard archItectural embellIshment rangmg
III heIght from 12' to 20' to be attached to the flat roof deck of the proposed hotel
Need to show on Sheet 4/15 the visibility triangle at the intersection of
Mandalay Avenue and Baymont Street.
Done Please see Sheet 4 of 15 of the Site Plan
Dumpster staging area must be on-Site and not within the right-of-way of
San Marco Street where it deletes on-street parking.
Dumpster stagmg area has been relocated and IS no longer m the San Marco nght-
of-way See Sheet 5 of 15 of Site Plan
Sheet 9/15 - Remove sign and note from southeast corner of property that
"Exlstmg sign to remain with new project name."
Note has been removed from Sheet 9 of IS of SIte Plan
25
Comment No.8: On the reMdentiaUretail phase for both architectural and civil plans,
handicap parkmg and lobby do not match up for both Levels 1 and 2.
(Sheets 5/15 and 6/15).
Response No 8. Conflicts have been resolved Please refer to Sheets 5 of IS and 6 of 15 of Site
Plan and Sheets 8 of 19 and 9 of 19 of ArchItectural Plans
Comment No.9: There is vehicular use area not within the parking garage, at least on the
north parcel that IS the drop-offlpick-up area accessed off of Baymont Street
close to Mandalay Avenue. Need to show by shading or cross-hatchmg the
interior landscape areas provided. Need to calculate the vehicular use area
and mtenor landscape area and then include in the Land Use Data table on
Sheet 1/15.
Response No 9 The mteflor land':icape area has been shown on the Landscape Plans See Sheet
LA-OS The vehicular use area and mtenor landscape area numbers are shown on
the revIsed Land Use Data Table on Sheet I of 15 of the SIte Plan
Comment No. 10: Provide the square footage of eXIsting non residential floor area, the number
of existing dwelling UOlts (if any) and the number of eXisting overnight
accommodation units In the Land Use table.
Response No 10 Understood Please refer to revIsed Land Use Data Table on Sheet 1 of 15 of the
Site Plan
Comment No. 11: Need to coordinate the Development Agreement, which provides for 57 boat
slips (ExhIbit N), with the Parkmg Demand Study, which provides for 55
boat .!.lips. Must submit a future date for Flexible Development approval for
the development oftbe 57 boat slips on the City property, including all Code
submittal requirements.
26
Response No 11 The number of boat shps has been revised m the Parkmg Demand Study to be
consIstent WIth the Development Agreement It IS understood that addIttonal
approvals arc reqUIred for the boat slIps
Comment No. 12: Provide the required number of parking spaces (total and number per use)
and the basis for the parkmg calculations (ie: 1.5 spaces per dwelling unit,
one space per hotel unit, five spaces per 1000 sf for retail and the Beach
Club) in the Land Use Data table. Parkmg Demand Study provides the
justification for the provided number of spaces (numbers and ratios).
Response No 12 Please see the revIsed Parkmg Demand Study whIch provIde') the detailed parkmg
calculations
Comment No. 13: Number the sheets m the archItectural package.
Response No 13 Done The archItectural package consists of 19 sheets
Comment No. 14: Provide buIlding heights to various levelslbUlldings on all elevations to assist
in understanding portIons of the proposed site.
Respon~e No 14 Please refer to Sheets 6, 7, 16, 17, 18 and 19 of 19 of the Architectural Plans
which have been revIsed m respon~e to thIS comment
Comment No. 15: Freestanding signage in front of porte cochere of the hotel and at the
intersection of Mandalay Avenue and Baymont Street must be revised to
meet the required five-foot setback.
Response No 15
SIgns have been relocated to meet the setback reqUIrement See Sheets LA-02,
13 and 14 'of the Landscape Plans
27
Comment No. 16: Provide the number of on-street parkmg spaces proposed to be lost along
Baymont Street, San Marco Street and North Gulfview Boulevard due to this
development (that have been used in prior Parking Demand Studies to show
adequate parking is provided for the existing hotel as well as other
businesses), as well as the number of on-street spaces to be gained on
Mandalay Avenue due to closure of a driveway north of San Marco Street.
Response No 16 Please see the response to Engmeenng Comment #24
Comment No. 17: Show the sidewalk along the north side of San Marco Street on Sheet 5/15
(much like that shown on Sheet 10/15).
Response No 17 Sheet 5 of 15 of the Site Plan was revised to show the sIdewalk The sidewalk IS
also depIcted on Sheet LA-06 of the Landscape Plans
Comment No. 18: Remove the walls and waterfall from the City right-of-way of Mandalay
Avenue.
Response No IS- Please refer to response to Engmeermg Comment #5
Comment No. 19: It appears there is a raised loading dock being provided along the north
property line of the hotel parcel, With some type of building or ramp
extension along the east property line in this loading area. Label such
uses/structures. Provide greater detail as to this area and the relationship of
the raised loading dock and ramp to the property line (walls to screen the
loading area from adjacent propertIes?). Include the proposed setback (to
building, pavement or whatever).
Response No 19 Additional detaIl has been provided on Sheet 9 of 15 of the Site Plan The
setbacks are shown on Sheets 4 of 15 of the Site Pldn ComprehensIve detatls
WIll be shown on the contract documents to be submitted for BUlldmg PermIt
28
Comment No. 20: It appears there are some encroaching structures onto the hotel parcel along
the north property line (one-story wood structure at least). What is being
proposed to deal with this/these encroachment(s)? WIll there be any effect of
the BuildinglFire Codes on the proposed structure of the existmg, off-site
structure?
Response No 20 EXIstmg encroachments are mmor We do not Intend to remove these
encroachments We are not aware of any FJrelBUlldmg Code Issues related to the
eXlstmg off sIte structures
Comment No. 21: Provide the land area (square footage and acreage), densIty calculatIon and
ISR (includmg the square footage) for the hotel parcel east of the vacated
west right-of-way line of Gulfview Boulevard and the land area (square
footage and acreage), density calculation, ISR (includmg the square footage)
and FAR (for retail square footage) for the residential parcel east of the west
line of the platted lot for Lots 1-13 of the Cleanvater Beach Park
Subdivision. Provide in the Land Use table on Sheet 1/15. Land areas
should match the acreage amounts listed in thc bound booklet under
Redevelopment Parcels.
Response No 21 Please refer to the reVIsed Land Use Data Table and DenSity Table on Sheet J of
15 of the Site Plan
Comment No. 22: A complete vacation request for N. Gulfview Boulevard, with no objection
letters from all affected utility prOViders, must be submitted to Engineering
by the Development Review Committee (DRC) meeting.
Response No 22 A complete vacation request has becn submItted and Letters of No ObJectIon
have been prOVIded
29
Comment No. 23: Provide the proposed setback from all property lines to all points of all
structures (pavement, building, pool decks, etc.) for both the hotel parcel and
the reSidential parcel.
Response No 23 Please refer to Sheets 4 of 15 and 5 of 15 of the SIte Plan
Comment No. 24: Sheet 4/15 - SIdewalks north of the pool area and west of the hotcl building
seem to fade to nothing/go nowhere. Connect these sidewalks up with
something or show where they end.
Response No 24 Sheet 4 of 15 of the Site Plan has been reVIsed to depict sidewalks extended to
their tenmnus
Comment No. 25: Identify on the Site Plan (Sheet 4/15) the intendcd purpose of the portions of
buildings to remam m the northwest and southwest corners of the hotel
parcel.
Response No 25 The buddmg purposes have been noted, as requested on Sheet 4 of 15 of the Site
Plan Both bUIldmgs are portIOns of the eXIstmg hotel bUIldmg The bUIldmg m
the NW comer WIll mclude an event room and restrooms The bUIldmg m the
SW comer WIll mclude a pool gnU and restroorns
Comment No. 26: Sheet 5/15 - Show on thc Site Plan any proposed Sidewalk access to the
storage units on the west side of the parking garagc.
Response No 26 Doors were added to the storage umts and a proposed boardwalk which Will
prOVIde access to the storage UnIts IS shown on Sheet 8 of 19 of the ArchItectural
Plans and Sheet 5 of 15 of the SIte Plan
30
Comment No. 27: Landscape plan for the condominium parcel (Sheets LA-02 & LA-06) needs
to be separated out into a landscape plan for the (1) ground level and (2)
level 3 (above the two levels of parking & retail).
Response No 27 Notes have been provIded on Sheet LA-06 of the Landscape Plans to claIlfy
ground landscapmg versus Level 3 landscapmg
Comment No. 28: Provide all details of how the landscaping, especIally trees, will work on top
of the parking garage for the residential/condominium parcel. Include cross-
sections to indicate how this all works.
Response No 28 Alllandseapmg on thud floor to be located wlthm planters The depth of the soIl
m the planters wIll be proportIOnate to the tree reqUIrements
Comment No. 29: Under the Land Use Data table, provide the land area of the upland, as well
as the beach area, for both the hotel parcel and the residential parcel.
Response No 29 The data has been provIded on the Land Use Data Table on Sheet I of 15 of the
SIte Plan Please note that the condo parcel ownershIp does not extend to the
mean hIgh water Ime (please refer to the Boundary Surveys)
Comment No. 30: Provide responses to all Comprehensive Infill Redevelopment Project and
General Apphcability criteria for all requested reductions, increases or
deviations set out by staff in the request.
Response No 30 All JustIficatIOn IS contamed III the application package
Comment No. 31: Unclear why the building could not be designed with open grating or
wrought iron bars in the walls adjacent to the driveways on Ambler Street
and San Marco Street and at the intersection of Mandalay Avenue and
31
Ambler Street to provide visIbility to the motorists to aid m viewmg
pedestrians (i.e.: visibIlity tnangles).
Response No 31
Modifications have been made and safety measures (one~way dnves., mIrrors and
sIgnage) are proposed for those are_as to mmlillIze concerns with sIght VISibIlIty
tnangles AddIttonal modIficatIOns, such as open gratmg will be considered and
may be mcluded m the Contract Documents submitted for BUlldmg Penmt
review
Comment No. 32: Provide addItional studies of comparative beach clubs prior to DRC review.
Response No 32 ComparatIve studies of beach clubs have been provIded In the Parkmg Demand
Study
Comment No. 33: "Outside memberships" in the beach club needs to be defined in the
definition section of Development Agreement by a specific geographIc area in
close proximity to site.
Response No 33 The Development Agreement has been amended to contam a defimtJOn based on
geographIc area
Comment No. 34: Landscaping on Mandalay and Baymont - JMC to provIde cost estimate of
landscapmg at DRC meeting. This information to be checked by Public
Works and total costs to be included III staff report, quantifying the
developer's obligatIOn in exchange for density pool consideration.
Response No 34 Attached IS a Cos.t EstImate for all CIty RJght-of- Way Improvements which
reflects total Improvcments of $861,00000 We Will proVIde addltJOoal detail
upon request
32
Comment No. 35: Development Rights - JMC to prepare table more fully documenting the
existmg units, Gray settlement units, density pool units, JMC's hotel units
used to convert to commercial FAR, etc. ThiS table will be inserted mto the
project book under the Redevelopment Parcels tab AND on the Site Plan.
Can be part of DRC resubmittal- but would prefer to review prior to that to
make sure It is clear and CIty IS JD agreement.
Response No 35 Please refer to the DenSIty Table on Sheet ] of] 5 of the SIte Plan and m the
revised Project Book
Comment No. 36: JMC to revise Exhibit D of Development Agreement, Schedule to state that
project schedule is subject to schedule details in appropriate DA section, and
that those outside dates are the dates that the Development Order will use.
Can be part of DRC resubmlttal.
Response No 36 ExhIbIt "D" of the Development Agreement has been revised to mclude
additIonal schedule mformatlOn
Comment No. 37: JMC to show the required parking for each use in the project-this
information to be provided in Traffic Study in the project book AND on the
Site Plan. to be done by DRC meeting.
Response No 37 Please refer to the revIsed Parkmg Demand Study, dated November 18, 2004,
prepared by Flonda DeSIgn Consultants
Comment No. 38: ComprehensIve Sign Program - prOVIde dimensIOns for all proposed signage,
as well as square-footage. Provide signage and details for retaIl businesses as
part of package. Provide colors of all proposed slgnage.
33
Response No 38 Please see Sheet LA-13 of Landscape Plans for revised sIgnage wIth square
footages and the colors of the SIgnS WIll be compatible wIth the bUlldmg colors m
Beach by Design
Comment No. 39: Provide the square footage for hotel rooms.
Response No 39 A tYPical hotel room by mdustry standards IS 360 square feet A standard room
for the proposed hotel will be approxImately 450 square feet In addition, there
wIll be extended rooms and I and 2 bedroom sUItes rangmg from 550 square feet
to 1300 square feet.
Comment No. 40: Site Plan sheet 4/15 indicates a terrace east of the hotel ballroom. Other
sheets in the civil Site Plan set, the landscape plan set and the architectural
pial! set are not coordinated showing this terrace. Revise all appropriate
sheets to either provide for the terrace or to remove the terrace.
Response No 40. ThIs terrace has been deleted
Comment No. 41: Since stacked parking (not the additional valet parking indIcated in the
Parking Demand Study) is not allowed by Code. Request must include this
as part of the proposal, with full justificatIon.
Response No 41 The stacked parkmg spaces In the Hotel Phase wlll only be used as part of the
valet parkmg operatIOn Please see the reVised Parkmg Demand Study
Comment No. 42: Ensure that all floor area below BFE (due to FEMA VE zone) wIll be
permittable. May need to check with Buildmg Department and, as
necessary, revise plans prior to resubmission of plans to Planning.
Response No 42' Understood.
34
Comment No. 43:
Response No 43
IIII
:11
I
Provide full justificatIon (narrative, drawings, etc.) of compliance with ,I e I h
by Design, especially including compliance wIth the Design Guidelines. For
the residential tower that exceeds 100 feet in height, justification must
address the provIsIons for liB. Height" on Pages 57-59 (items 1, 2b and 3),
"C.Design, Scale and Mass of Buildings" and D.Setbacks." Provide
calculations, building envelope and percentages.
One of the major goals of Beach By Design IS to promote the development of a
destInatIOn resort whIch wIll serve to re-establIsh Clearwater Beach as a quahty,
frumly resort commumty As quoted from the DesIgn GUIdehnes sectIOn of
Beach By DesIgn (page 56), "The desIgn gUIdelInes are mtended to address and
promote the followmg pnnclples and are Intended to be admmIstered 10 a flexIble
manner to achIeve the highest quahty bUIlt enVIronment for Clearwater Beach
They are not Intended to serve as regulatIOns requmng specI~c rehef except wIth
regard to bUIldmg heIght and spacmg between bUlldmgs exccedmg 100 feet 10
heIght. "
It IS the developer's opmlon that the proposed resort meets all design obJecttves
and cntena that Beach By DesIgn has outlmed It IS pedestnan fnendly, WIth
pavers, sIdewalks, upgraded landscapIng, signs, fountams, and street IIghtmg all
wIthm the Clearwater, Beach vernacular Attentton was paId to the scale and mass
of bUIldmgs, WIth only one tower over 100 feet m height, wIth a bUlldmg
envelope well under the allowable 60% mdxlmum (calculated at approXImately
40%), and wIth a bUIldIng separatton from other bUIldmgs over 100 feet In height
of 68 feet more than reqUIred (568 feet vs allowable 500 feet, see "Allowable
BUIldIng HeIght" In Development Book, Redevelopment Parcels tab) The
bUIldIng setbacks are conSistent WIth eXIstmg bUIldIngs, and meet the Intent of
provldmg a pedestnan fnendly environment
IlI19n004 841 AM
40900 101407
#332172 v] . JMC/6andperarl Re~ponses 2
35
"
SAND PEARL RESORT
Cost Estimate for all
City Right-of Way Improvements
11-12-04
The followmg cost estimate mcludes the costs for design and constructlOn for all
Improvements made to the CIty nght-of-way areas assocmted With the <ievelopment of
the SandPearl Resort as per the Site Plan Submittal Package
San Marco St.
Uhhhes, Curbs, Road
Streets cape Improvements
$69,00000
$1 7 000 00
Total
$86,000.00
Bavrnont St.
Utlhttes, Curbs, Road
Streetscape Improvements
$125,00000
$125.00000
Total
$250,000.00
Mandalav Ave.
Utlhtles, Curbs, Roads
Streetscape Improvements
$173,00000
$117,00000
/
Total
$290,000.00
Power and Telephone Relocation
Power
Telephone
$100,00000
$40,000 00
Total
$140,000.00
Desil!n , General Condition Fees
DeSign
General Conditions
$20,00000
$75.000 00
Total
$95,000.00
GRAND TOTAL
$861,000.00
~.._-
JOHN~vN, POPE, BOKOR, RUPPEL & BURNS, LLP
Al IORNEvs AND COUNSl>LLORS AT LAW
E D ARMSTRONG 11l
BRUCE H BOKOR
JOHN R BONNI:R SR'
GUY M BURNS
JONATHAN SCaLEMAN
STACY COSTNER
MICHAIoL T CRONIN
rI IZABETH J DANIa~
BECKY FERRELL-ANTON
COLLEI:N M rI YNN
RINAr HADAS
MARION HALI:
SCOl T C ILGENFRITZ
FRANK R JAK"S
TIMOTHY A JOHNSON, Ill.
SHARON E KRICK
ROGER A LARSON
JOHN R LAWSON, JR'
LEANNl> LETIZE
MICIlAC! G LI rrLE
MICHAEL c.. MARKHAM
ZACHARY D MIoSSA
A R CIlARLIF" NEAL
TROY J PI::RDUE
F WALLACF POPE, JR
ROBERT V POTTI:R, JR
AUDREY B RAUCIIWA Y
DARRYL R RICHARDS
PETI:R A RIVELLlNI
DFNNISG RUPPI:L*
CHARLES A SAMARKOS
PHILIP M SHASTEEN
JOAN M VECCHIOLl
S I EveN H WE1NBERGIoR
JOSI::PH J WEISSMAN
STEV"N A WILLIAMSON
'Of COUNSEL
PLEASE REPL Y TO CLEAR WATER
FILE NO 101407
November 19, 2004
Via Hand Delivery
Wayne M Wells, AICP
Semor Planner
City of Clearwater Planning Department
100 South Myrtle Avenue, 2nd Floor
Clearwater, FL 33756
Re FLD2004-09068 - Sand pearl
Dear Wayne
Pursuant to your request, enclosed are the follOWIng for your revIew and use
1)
Paint sample of Sherwm Williams Shortbread (8135),
2}
Paint sample of Sherwm Williams Dover White (6385),
3)
Color Mandalay Avenue ElevatIon of Sandpearl (8-1/2" x 11 ", unbound),
4)
Color Beach Elevatton of Sandpearl (8-1/2" x 11", unbound),
5)
Color Landscape Site Plan (8-112" x 11", unbound),
6)
Area Location Map (aenal View, 8-1/2" x 11", unbound), and
7)
Site Locatton Map (aenal view, 8-1/2" x 11 ", unbound)
CLEARWATER OFFICE
911 CHEsTNUT 5T
f'O~T OHlcr BOX I J68
CLEARWATI:R, FLORIDA 33757~13611
TELEPHONE (727) 461 1818
TLLECOPIER (727) 4620365
TA\1PAOIHCE
100 N TAMPA ST
SUITE 1800
POST OFFICE BOX 1100
TM1PA, FLORIDA 336DI.llDD
TEL rPHONE (8 IJ) 225 2500
1 LI LCOPIFR (~Ill 22l-711 ~
JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP
ATTORNbYS AND COUNSELLDRS AT LAW
Wayne M Wells, AICP
November 19, 2004
Page 2
Please call me If you need any additional information or have any questions
Sincerely,
~
Jayne E Sears
Legal Assistant
JS
encls
cc Mr John Hobach
#332357 v1
~ .,
The applicant seeks flexible development approval of a ComprehensIve lnflll
Redevelopment Project, In accordance with the plans submitted with this
application, including relIef as follows
J a Allocation of 141 resort hotel units from the Beach by Design
density pool to the project site,
Jb
Portions of 2 eXisting hotel bUildings to remam on the site which
encroach Into the Coastal Construction Control Line ("Coastal
Construction Control Line") setback by up to 61 68 feet,
I c A front (east) budding setback along Mandalay Avenue of 8' for
the proposed hotel and 0' for the proposed retail/condominium
bUilding where 0-15' IS required by Code,
Jd
A side (north) bUilding setback of l' for the proposed hotel and 4'
for the proposed retail/condominium bUlldmg, where 0-10' IS
required by Code,
leA sid e (south) bwk:lll,y ::.elucH";R, uf 2' (fl VI II "uu lid IIlg line") for tRe
'-prQf3osed I1mel and 0' (from San Marco) for the proposed
condominium where 0-10' IS required by Code,
/ f A rear (west) bUilding setback from the CCCL of 0' for the
proposed hotel where 0-20' IS required by Code,
j g A rear (west) bUilding setback from the CCCL of 0' for the
proposed condominium where 10-20' IS required by Code,
Jh
A front (east) setback along Mandalay Avenue for structures other
than bu lid Ings of 0', where 10-15' IS requIred by Code,
il
A side (north) setback for structures other than bUildings of l' for
the proposed hotel where 0-10' IS required by Code,
IJ
A side (south) setback for structures other than bUildings of 0' for
the proposed hotel where 0-10' IS required by Code,
h A rear (west) setback for structures other than bUildings from the
CCCL of 0' for the proposed hotel where 0-20' IS requIred by
Code,
~ An Increase of the maximum bUilding height to allow proposed
condominium With height of 150' to flat roof deck,
('> ---?\
~\ 01
c....v \d.t. j ~
~ ~l
Jp
/q
Ir
Jm
!n
An mcrease of the maximum bUilding heIght to allow proposed
hotel wIth height of 95' to flat roof deck,
Decorative mansard architectural embellishment ranging In height
from 12' to 18' to be attached to the flat roof deck of the proposed
condom Inlum,
./0
Decorative mansard architectural embellishment ranging In height
from 12' to 20' to be attached to the flat roof deck of the proposed
hotel,
FleXibility to minimum standards for sight vIsibility tnangles,
Amenity Improvements, mcludlng pool deck and restrooms,
located seaward of the CCCL, as depicted on the site plan,
A roof overhang on the proposed hotel located 40 feet seaward of
the CCCL, and
Js Reduction of 25 off-street parking spaces, where 456 are required
by Code and 431 are provided
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NOU-16-2004 10:58
.ITMC COMMUNITIES
.
FAX TRANSMITTAL
To
MESSAGE'
JMC Communilics
Phone. 727-823-0022
Fll.1- 727-821-2007
E-mail:
8138212007 P.02/02
M{~
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COMMUNITIES
DATE:
II J{p If) i
Pages:
2201 Pourth Street North. Suite 200. St. Petersburg, FL 33704
TOTRL P 02
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11/09/2004 67.27
{.l/Gb':l~l:l':~
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COpy
November 5, 2004
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1280 Cleveland St,. fLCWS033
Cleaf'\:llater, FL 33755
727~562-1126
727-562-1193
Pax: 727 -S 62-1175
Network Ellginuring
A.nd Plan,ang
Octavio Cabrera, P E.
Florida De'sign CO[l~lta.nts> Inc.
3030 Starkey Blvd.
New Port Richey Fl 34655
1<0'1 1 2 /~~~
PLANfIllNt... i DEVELOPMENT SVCS
CITY OJ:' ClEAPWATEA
:RE: Petition [0 Vacate Right.Of4Wo.y ofBca.ch Dnvc
Verlzon Central Office 5211 8POOIFB
Dear Mr. Cabrera.
We are in receipt of your request for mformation, Verizon has no ObjectJ.OXlS to the vacation of the
subject nght.-of..,wIlY This is based on you letter committing to bear the apenses. for relocation of
Venzon facilities affected by the proposed vacatio.n.
Thank you for your cooperation witb this office Should you have any questions., please; e&ll Vickie
Smgleton at 727-562~1126 m the Clearwater asp Engmeenng Office.
Sincerely,
Juana M. Morales
Set:tion Manager - aSp Engineering
IMM/VS/d$)5
~V/
.....
;:!
DENSITY TABLE
ORIGINAL
Note Any unused density umts for the hotel and/or retail components ofthe proposed
development will be returned to the City's DensIty Pool as descnbed m Beach By
DesIgn
Requested Allowable Difference
ResIdential Dwellmg Umts 120 (max) 120 0
Hotel Umts 260 (max) 137 123
11,000 sf of Retail 0 11 0 11
(converted from FAR to
eqUIvalent hotel umts)
AddItIonal Hotel Umts 7 0 7
(contmgency)
Total Density Pool Hotel Units Requested = 123 + 11 + 7 = 141
Allowable Density
Hotel Parcel
13 7 hotel UnIts per termmatlon of
non conforrmng status as to densIty
ResIdential &
Retail Parcels
120 dwellmg umts allowed
24 acres x 30 dwelhng umts per acre
= 72 dwellmg umts + an additional 48
dwellmg umts per allocation of Gray
Settlement agreement@
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o FAR CommerCial ConversIon to Hotel Umts 11,000 sf of retail / 43,560 sf per acre x 40
hotel UOltS per acre = 10 I, use II hotel umts
6 The "Gray Settlement" allowed for a total of 232 hotel rooms to be proportIOnally allocated
to Lots 6 - 28 of the Clearwater Beach Park SubdiVISion Converted to reSIdential dwelling
Ulllts at the 3 4 ratio equates to 174 dwellmg umts Lots 14 - 28 (south of San Marco Street)
received 112 dwellmg Units for the "Mandalay Beach Club" development, leavmg 62
dwellmg Units for Lots 6 - 13 (north of San Marco Street) ThIS IS 48 more dwellmg UnIts
than current zonmg at 30 UOltS per acre would allow for Lots 6 - \3 Thus, the "Gray
Settlement" prOVided an additIonal 48 dwellmg umts for Lots 6 - 13
NOV f 2 l004
PLAi\ll\llNG i EVElOPMENl VCS
CITY OF ClEARWATER
;"
SANDPEARL RESORT
Cost Estimate for all
City Right-of Way Improvements
11-12-04
rnJ ~@[EOWfE n
UU NOV 1 2 -I()IJ\ ~
PLAI\ll\(ING ~ D[VE~QPMENT SVCS
on OF ClEARWATER
ORIGINAL
The followmg cost estimate mcludes the costs for design and constructIOn for all
Improvements made to the Clty nght-of-way areas assocIated wIth the c;ievelopment of
the SandPearl Resort as per the Site Plan SubmIttal Package
San Marco St.
Utilities, Curbs, Road
Streetscape Improvements
$69,00000
$17 000 00
Total
$86,000.00
Bavrnont St.
Utilities, Curbs, Road
Streetscape Improvements
$125,000 00
$125,00000
Total
$250,000.00
Mandalav Ave.
UtilItIes, Curbs, Roads
Streetscape Improvements
$173,000 00
$117.00000
Total
$290,000.00
Power and Telephone Relocation
Power
Telephone
$100,000 00
$40.00000
Total
$140,000.00
Desi1!n . General Condition Fees
Deslgn
General CondItIOns
$20,00000
$75.000 00
Total
$95,000.00
GRAND TOTAL
$861,000.00
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SAND PEARL RESORT
PARKING STUDY
Submitted to
City of Clearwater
Prepared for:
CBR Development I, LLC
2201 Fourth Street North, Suite 200
S1. Petersburg, FL 33704
Prepared by'
Florida Design Consultants, Inc.
3030 Starkey Boulevard
New Port RIchey, FL 34655
(727)849-7588
Date'
November 9, 2004
-"
ORIGINAL
, n F: l~ [E n
Uo 1;3'1 1 2 WlJIt U
PlAN"ltllG ~ EVElOPMENT SVCS
on OF ClEARINA 7ER
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1.0 INTRODUCTION
CBR Development I, LLC IS propOSIng the redevelopment of eXistIng property, located on the
Clearwater Beach section of the CIty of Clearwater, Into resort hotel, condomInIUms, and retall
land uses The property IS located south of Rockaway Street, west of Mandalay Avenue, north of
San Marco Street, and extends to the beach on the Gulf of MexIco, see Figure 1, Project Location
Map The SIte Includes the eXISting Clearwater Beach Hotel wluch has 157 rooms and a bUildIng
which prevIOusly housed a rughtclub The proposed land uses Include 120 condomInIUm
dwellIng uruts, a 260 room resort hotel with a "beach club", and 11,000 square feet of retail In
addItiOn, 57 boat slIps are proposed to be constructed on Mandalay Channel as part of the
project
Clearwater Beach IS a tounst recreation destInation The maIn attraction IS the beach Itself,
however, a number of tounst actiVities have been establIshed mcludIng Sailboat and powerboat
charters from the Clearwater Manna, Pier 60 restaurants and beach related retall stores along
Mandalay Avenue, etc Numerous hotels and condommIUm uruts have been establIshed on
Clearwater Beach for people to stay as long as deSired A trolley servIce, (the Jolley Trolley),
has been establIshed to shuttle people between vanous pOInts along Clearwater Beach In order to
nunnruze not only velucle traffic but also to help reduce parkIng demands Tlus study has been
prepared to Identify the expected parkIng demand for the SIte, and how the demand w1l1 be
handled, takmg mto account the eXistIng Infrastructure
2.0 PARKING DEMAND
Each of the land uses proposed on SIte Will generate ItS own demand for travel Modes of access
to the Sandpearl Resort mclude non-motonzed access (bIcycle and pedestnan) bus (publIc,
chartered pnvate buses, and the Jolley Trolley), taxiS, vans, lImOUSInes, and automobIles Some
of the modes of travel w1l1 reqUire on-site parkmg to hold vehicles whlle people use the
amerutIes to be proVided The follOWIng paragraphs IndIcate the expected access modes and
needed parkmg
Nav 1 2 ?OO\ ~ ~
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2.1
2.2
CONDOMINIUMS
A total of 120 condominium umts WIll be constructed with this project It is expected that many
of these umts will be sold to mdIVIduals who will use them as vacatIon homes. As such, the
expected average use of these condommlums Will be less than full time It would also be
expected that many of the owners would not be present in peak season events WhIle thiS would
result in lower utIltzation than prOVided by City Code, proVision Will be made to have 1.5
parkmg spaces for each dwe1hng umt, resulting m a need for 180 condommIum parking spaces.
RET AIL
An 11,000 square foot speCialty retaIl land use WIll be constructed on the SIte frontmg on
Mandalay Avenue Just north of San Marco Street. One of the pedestnan entrances to the
condommIums dIVIdes the retaIl space 1Oto two areas each contaming approximately 5500 square
feet In order to ensure the use by "specialty", "non-destmatlOn" beach related retail shops that
will draw their customers from pedestnans walkmg along Manda1ay Avenue and from the hotel
and condommlUms located nearby where parking has already been proVided Tins IS Similar to
the type of retaIl found not only on other areas of Clearwater Beach, but also m the Downtown
Dlstnct where the Land Development Code allows for a parkmg ratIo 2-4 spaces per 1,000 GFA
for SImilar RetaIl Sales and Service It should also be noted that Section 2-803 K5 allows for
flexlblltty regardmg off-street parking for Retail ServIces If the "adjacent land uses are of a
nature that there IS a high probabilIty that patrons wIll use modes of transportation other than the
automobIle to access the use". In addition, the shops and phYSlCa1 charactenstIcs of the southern
half of the retail area mdlcate that the hke1y use of the property will reqUire a lower parkmg
space ratIo. Therefore, a ratIO of 2. 7 spaces per 1000 GF A was used for the retaIl area
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NOV 1 2 ~nD4
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2.3
RESORT HOTEL
The am em ties to be provided 10 the 260 room resort 10clude meeting rooms, ball rooms,
restaurants and lounges, a spa, two sWImm10g pools, and a beach club along With the hotel
rooms The beach club IS considered an "Accessory Use" to the Resort and will proVide
members wIth locker facilities, access to a spa, fitness center, meetmg rooms, restaurants, pool
and the beach. This facilIty wIll have a maximum of 300 members. It IS expected that the
majority of the memberships will be taken by people 1ivmg in or close to the Sandpear1 Resort
because it wIll proVIde them full access to the restaurant In the resort as well as the beach club
faCIlIties.
People Will come to the hotel m a number of modes of travel A number of hotel guests,
mcludmg many commg from the Tampa InternatIOnal Auport, Will arrive In taXIS and
lImousines, reducmg the number of parkmg spaces needed For the automobiles amvmg to the
hotel, two optIOns for parking WIll be provided dunng normal operatmg penods, These mclude
valet sefV1ce and self park options. During heavy use penods such as hohdays, spnng break, and
projected hIgh attendance events the hotel will shift to 100% valet parkmg, which wtll be
available In the hotel 24 hours per day.
A parkmg analYSIS was completed and approved by the City of CleaIWater for the eXlstmg
Clearwater Beach Hotel located on the project SIte That study which was completed by Flonda
DeSign Consultants, Inc, dated June 2003 concluded that the maIn hotel bUlldmg, which also
mcludes meetmg and banquet faCIlIties, etc., (137 rooms north of Baymont) was adequately
served by 98 on-site parkmg spaces Tills is a ratio of 0.715 parkIng space per room. Therefore,
tillS ratio was used for the first 137 rooms of the new resort, and a ratio of 1 0 spaces per room
was used for the addItIona1123 rooms to be conta1Oed WIth in the Sandpear1 Resort.
PLANIIlINe" ~ or v lorMENT
CITY Of ClEARWATER
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2.4
2.5
3.0
BOAT SLIPS
As part of the project, 57 boat slips are proposed to be constructed on Mandalay Channel These
slIps will have access to the Intracoastal Waterway and the Gulf of Mexico. Eighteen of these
slIps wIll be reserved for City of Clearwater use. The remammg 37 wIll be used by Sandpearl
Resort Some of the slIps will be rented to the on-sIte condomInIum owners and the remaInder
Will be available for hotel guests. The hotel wIll proVIde shuttle servICe to the boat slIps as
needed The boat slIps will, therefore, not require any additional parkmg spaces.
SUMMARY
The number of parklllg spaces needed for normal operation at the Sandpear1 Resort are
summanzed In Table 1. As IS Indicated In thIS table, there is a need to provide 431 parkmg
spaces. A mInimum of 431 parkIng spaces WIll be proVided on site whIch should be adequate to
meet the aVCfage demand for the property
PEAK DEMAND PERIODS
Dunng penods of peak demand at the Sandpear1 Resort, such as hohdays and spong break the
normal parkmg arrangements may not satIsfy the parkmg demand Several measures Will be
employed to meet thiS Increased demand. An employee shuttle service WIll be InstItuted.
Employees WIll be dIrected to park at a prearranged loeatIon on the mamland east of the
Intracoastal Waterway and will be shuttled into the hotel. Parkmg for the hotel Will be sWitched
to 100% valet service. As mdlcated In Figure 2, 100% valet service Will proVIde space to park
74 additIonal vehicles In the hotel deSIgnated portIOns of the parkmg lot and first parkmg level of
the adjacent condomimum This would result m a total of over 500 parkmg spaces on site.
~:\ NOV 1 2 :>Oll~ ~
PLAN'~IN ~ orVElor'v1fNT aves
-______________ __e CIT'YO~ ClEAFlwATEA
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4.0 CONCLUSION
WIth the measures proposed, the Sandpear1 Resort wIll provIde adequate parkmg for normal
operation and for peak penods This can be accomplIshed Without requmng use of CIty of
Clearwater provided on street or lot parkmg
es
K \Sandpearl Resort\Reports\Sandpearl Resort ParkIng Study doc
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TABLE 1. PARKING SPACES FOR THE SANDPEARL RESORT
N umber of
Size Unit Rate/Spaces Per Unit Spaces
Needed
CondommIum 120 DU 1 5 DU{lj 180
Retail 11,000 S.F. 27 1,000 SF 30
Resort Hotel 260 Room (2) Room 221
Total Space ReqUired 431
Total Spaces ProvIded 431ljJ
Note. (I)Dwelhng Umt
(2)98 Spaces for the first 137 rooms and 123 spaces for the remaimng 123 rooms
(3)when 100% valet parkmg IS Instituted dunng peak demand penods thIS number
increases to 505 spaces
K \Sandpearl Resort\Reports\Sandpearl Resort ParkIng Study doc
NOV 1 2 2004
~
Wells, Wayne
From
Sent
To
Subject
Wells, Wayne
Wednesday, November 10, 2004 11 47 AM
Jayne Sears (E-mail)
Draft DRC comments for FLD2004-09068, 500 Mandalay Avenue
~'b,
I~
draft 11 12 04 drc
action agen
1
Message
Page 1 of 1
Wells, Wayne
From Wells, Wayne
Sent Wednesday, November 10, 20041 35 PM
To 'Jayne E Sears'
Subject RE 500 Mandalay
Jayne -
The 1 05 pm for the pial was a mIstake We will discuss all at 205 pm Thanks
Wayne
-----Onglnal Message---u
From: Jayne E Sears [mallto JayneS@JPflrm com]
Sent: Wednesday, November 10, 2004 1 15 PM
To: Wells, Wayne
Cc: Ed Armstrong
Subject: 500 Mandalay
I noticed on the overall ORC agenda on the webs lIe that the Clearwater Beach Hotel pial IS listed al1 05
pm We are Just planning to show up at 2 0510 discuss the FLD Okay?
Jayne E Sears
Legal Assistant
Johnson, Pope, Bokor,
Ruppel & Burns, LLP
911 Chestnul Street
Clearwater, FL 33756
Phone (727) 461-1818
Fax (727) 462-0365
11110/2004
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FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE.
CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
TO: ~ ~Nl ~~M
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FAX: - 4\'2-- O~\QS
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FROM: \-b. u y.....L W 12.\ \ ~ Phone:-2 \0 '2- - + r D +
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MESSAGE:~-t\- ~R.C- ~-.N-~ +.or ,t [J!jb4
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NUlVIBER OF PAGES(INCLUDING THIS PAGEL__i
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':.H.-\[I HIC, REPOF~T
Nov. 10 2004 12 57PM
YOUR LOGO
YOUR FAX NO.
Clt~OfClearwater-Plan Dept
727 562 4865
NO. OTHER FACSIMILE
01 94620365
START TIME USAGE TIME MODE PAGES RESULT
Nov. 10 12.52PM 04'10 SND 09 OK
TO TIJRN OFF REPORT, PRESS 'f1H.llJ' ~.
THEN SELECT CFF BY USING '+' OR '-'.
FOR FAX ADUANTAGE ASS I STANCE. PlEASE CALL 1-800-l-!ELP-TAX (435-7329).
_11-~.:.04... 05 07pm
From-JOHNSON,Popr
7274418617
T -017
P 01/02 F-397
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JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP
911 Chestnut Street, POBox 1368
Clearwater FL 33757-1368
Telephone' (727) 461-1818
Fax (727)441-8617
Facsimile Cover Sheet
To:
Company:
Phone:
Fax:
From:
Client Name:
ClientIMatter Number:
Cynthia H. Tarapani, AICP ~ nf,'D
Clearwater Planning Director ;(5)~CE~~
727-5f52-4547 \~~
727 h5G2-4865 ~1j'J ~ \l 1\j1)~
R1~E~1
~G OEP~ ~E.R
Legal Asst.J~~~Of Cl~R\N~
c\~ ~ 1
Jayne E. Sears,
JMC
101407
Date: November 9, 2004
Pages including this
cover page: 2
Tbe IIlform:ltlon conl1lllX'd In Ihld 1llII1Sl\1lSS.0.1 may Ix> ~1\Qm<:yJchcllt pnvlle!,cll .md therefoR confidellllaL nllll mfomUltlOIl IS mtcOOed only for the use of tlIe
Ulc1>Hc1Wll or cnnly MIlX'd above. ]fthc reader ofUII" me:.:.~Sc I/o nollolC Imendl!d rel:lplcnl, YOII ore hereby 1I011fied tlmt IIIlY (j,~semmJtlOn c1>stnllutlOn or copy oftbl3
CO'lRlllll11<utlon I/o smell} prolnbrtcd Ifya~ 1'eC/!IV~ lhllo lriIn~mlSSlon Jl error Or It you ore not the II\jlvld~l Or etll1ty named ~bove, the teC\.lpt of C111& lriIDlltIllSSIOll1S
1101 m~lIccllo ~nd docs nO! WBlve any pl'l"d~~e. ~llI>mcyll;hcnt or 0l11JWlSC If yOu hdve receIVed thl'! eOmrnUnlt:lltlon In Cl'l'Of, plCllsc nollfy uS by telephone eollccl.
~n4 I1:lIIm the ongmal me.!lSllllc 10 uS at tilt .Lbovc oiddn:". V\ll U S Postal Slrv"c You w.1l be re,nabur~ed fur any poslase or:my other C~peme lI&';OCllllCd WllIl U..
l'elllnl otlhl~ dOl;\lIMnt ThIUl!c you
Comments:
Re Clearwater Beach Resort - Request for Vacation of Beach Drive from Baymont
to San Marco
FYI, we now have the attached "letter of no obJectionh from Venzon, which I have
provided to Steve Doherty
AMOUNT $
11-09-04 05 08pm From-JOHNSON,Por~ ~~
...
T2T4418617
T-01T P 02/02 F-39T
COpy
November S, 2004
~
ve, ~J:;RI'I
12&0 Cleveland St.. ;FLCWS033
Clearwater. FL 33755
727-562-1126
727-562-1193
Pax: 727-S62-1175
Netw(J~ E1tt:i~eerinl
Ilnd PllVlldlfg
Octavio Cabrera, P .E.
Florida Design Consultants, Inc;.
3030 Starkey Blvd.
New Port Rlc;hey Fl. 3465S
RE: pdition to Vacate Right-oi-Way ofBaidl Dnvc
Venzoft Central Office 5211 8POOIFB
OeM" Me Cabrera
We are in rec:eipt otyour teC1uest for infonnatlolJ. V~zon has no objections to the v8(8.tion of the
5{.lbJt;Ct nght.-cf~wAY Ibis 1S baSed on you letter committing to bear the expenses for relocation of
Verizon f'acilitlCS aft'eacd by the proposed vacation
T~ you for YOU{ coapenuion witb tbis office, Should you have any questions. pl~ ~ Viokie
Singleton at '27~S62-1126 in the Cle~ter OSP Engmeenng Office.
SiaGere1y,
c
--:f
Juana M. Motales
s~o~ ~er - asp E.ngi"eeMg
IMM/VS/d&:>S
""vi
JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP
ATTORNPYS AND COUN~ELLORS AT LAW
E D ARMSTRONG III
BRUCE II BOKOR
JOHN R ElONNER, SR <
GUY M I'IURNS
JONATl-IAN S COLEMAN
STACY COSTNER
MICHAEL T CRONIN
ELIZABETH J DANIEl S
BECKY FERRELL-ANTON
COLLEENM FI YNN
RINAT HADA~
MARION HALIo.
SCOTI C II GFNFRITZ
FRANK R JAKE::'
TIMOTHY A JOHNSON JR
SHARON E KRICK
ROGER A LARSON
JOHN R LAWSON JR>
L[;ANNE LETlZE
MICHAELG LITILE
MICHAf! C MARKHAM
ZACHARY D MESSA
A R "CHARLIE" NEAL
TROY J PERDUE
F WALLACF POPE JR
ROBERT V POTIER JR
AUDREY B RAUCHW A Y
DARRYLR RICHARDS
PETI'R A RIVELLlNI
DENNIS G RUPPEL>
CHARLES A SAMARKOS
PHILIP M SHASTEEN
JOAN M VECCIllOLl
STEVEN 1I WEINBERG!>R
JO~EPH J WEISSMAN
STEVFN A WILLIAMSON
'or COUNSEL
PLEASE RrPLY rOCLEARWAITR
FILE NO 40900 101407
November 1, 2004
Re Vacation Request - Beach Dnve
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Via Hand Delivery
Mr Stephen L Doherty
City of Clearwater Public Works Adm
100 South Myrtle Avenue, #220
Clearwater, FL 33756-5520
Dear Steve
Enclosed IS an onglnal Vacation Request FIling Form requesting the vacation of
Beach Dnve, formerly known as Gulf view Drive, between Baymont Street and San
Marco Street, including letters from Progress Energy, Venzon, Knology and Bnght
House Also enclosed IS JMC's check In the amount of $500, payable to City of
Clearwater, for the filing fee
We are working With Venzon and Progress Energy concerning any necessary
relocation of faCIlities In the nght-of-way proposed to be vacated
Enclosed are copies of the surveys of the surrounding parcels and the proposed
site plan for the redevelopment project, for your information The applicant's flexible
development appllcatlOn (FLD2004-09068) IS to be reViewed by DRC on November 12
and heard by the Community Development Board on December 14
CLEARWAThR OFfIce
911 CHesTNUT ST
POST OFFICE BOX Il6B
CLEARWATER FLORIDA 33757.1368
TELE!' HONe (727) 461-1813
Tl I I COPICR (727) 462-0365
TAMPAOHI(.r
lOON TAMPAST
SUITE 1800
POST OFFICE BOX 1100
lAMPA FLORIDA 33601-1100
TLLrPIlONL (81 J) n5 2500
TELECOPIER (g 13)22l 7118
JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP
ATTORNEYS AND COUNSLLl ORS AT LAW
Mr Stephen L Doherty
November 1 , 2004
Page 2
Please call me If you need any additional informatIon In order to process the
vacation request
Sincerely,
~t,~
Jayne E. Sears
Legal ASSIstant
JS
ends
cc w/encls
Cynthia H Tarapam, AICP, Planning Director
Mr John Hobach
#330971 v1
~'/11IL~~q l~<ll
7275624-r",'5
ENG
, Il
CITY OF CLEARWATER - ENGINEERING SER"CElS
100 SOUTH MYRTLE A VENUE ~ ROOM nor; FORM NUMBER
, 131I.()104
POBOX 4748, CLEARWATER, FL J3758.4748 J
PH (727) 562-4750, PAX (727) 56z-'f755
f!-----.
l
VACATION REQU~:ST
FILING FOR M .1
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PAGE 82
II
. '
'I
I. NAME qF APPLICANT OR DESIGNATED REPRESE~'A1j'JVE<
N CBR Development II,
ame "
2201 Fourth Street
Addless. .
LLC
Pi) 727-821-2007
,pne.~
,
HEIUfBjr PETITIONS THE CITY COMMISSION OF:rie (;;ITY OF ~WATER FOR
THE VACA TION OF THE FOLLOW/NG. ~I
North, Su~te 200, St. peijersburg, FL
,1;
33704
o
EASEMENT TYPE.
o
o
2
,1
ST~EEIy RIGHT-OF-WAY
f
01'~IER _
,~
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LEGAL .qESCRIPTION OF PROPERTY TO BE VACAT]\~ (NOTE. lilt IS a pOrtIon of an
easement,ldescnbe which pOrtIon, IiI( 19 an alley, descnbe fJ~m where to where 01 what lot(s) It
abuts, Ifl~11S a Rtght-of.Way, descube how much IS pcopOSel~(O be vacated)<
Rlght-of-way of Beach Dr~ve, formerly known as Gulf~lew Drlve, from the southerly
rlght-of~way Ilne of Baymont Street, extended south~rly to the northerly rlght-of-way
l~ne of ~an Marco Street. ' ,
o ALtLEY
J
STREET tillDRESS OR SIMPLE LOCATION
See Exhl.blt "AU attached.
I
,
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4
PROPOSED USE OF VACATED PROPERTY'
,r
,
,
The proposed development wlll lnclude (l) a 9-storY,Quallty resort hotel with up
to 260 rooms, beach club, meetlng rooms and related lfacil~t~es, (1l) 15~story and
4-story Gondom~nlums contalnlng not more than 120 unlts, and (lll) up to 11,000
'!
square feet of retall development.
"
5
ZONING OF ADJOINING PROPERTY
The surrOundlng area ls all zoned "Tourlst"'wlth a .l..and use deslgnatlon
~
North South East West
/~
of RFH.
;) p~ ~n 1('"./ 1,.I/l '"cc III( IC'd I'h1 p~'
lLE VACATION REQ~ST FlUNG FORM ENG
Page 1
t
,
~
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it~vtg~d 9/17 /2004
"
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09/17/2004 10 11
727562,r -;
ENG
PAGE 03
J
6. REQUIRjEDATTACHMENTS:
i-
A.l Land Survey of Property
f
B I Plot Plan Showing Proposed Use of Vacated P.tol~rty
,
n....
c.' FJlmg Fee Per Ordinance No 5969-96- J
I'
;($500.00 for a Rtght-of-Way/aUey or $40000 for a~:Eas:ement)
<1
7.
,
THE FoLLOWING FIVE LETTERS OF NO OBJECTIO,r ARE REQUIRED:
, ~
.
A.' Progress Energy
"
B I Verizon Flonda, Inc.
,
"
~
c.,! Knology Broadband of Flouda. Inc
..
(
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D ~ Bnght House
,
"l
j
+
,
E : Clearwa.ter Planning and Development ServIces (.toNING)
;
"
8 NAME, AiDDRESS AND TELEPHONE NUMBER OF PI.IDPERTY OWNER (PLEASE
J
PRINT) I See Exh~b~t "Bn attached. :~
Name;
Phone'
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Addre.s , ~
OWNER~ SIGNATURE // 1
E. D. Armstrong III, Esqu~re, jRepresentatlve
~
NOTARY ACKNOWLEDGEMJ~NT
STATE DIP FLORIDA)
COUNT~ OF PINELLAS)
,\
;
"
Thf: foregomg Instrument was acknowledged before l.~,e thiS tJ ~ ~ '1, 2--001
bE. D. Armstrong III
y,
I
, who l~ pe.csonaUy known to m.e em
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;md~oc:dt:~b(xtx:<<~)tXk1f~~.
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PAJ~'''' c-
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.J ~ Notary Pubhc, cboollrll5slOn No.
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FILE "AC~TION" REQ~FST FlUNG FORM ENG
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(Name of Notarytryp!ed, pnnted or sumped)
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..p""" .....~ ;'Jayne E Sears
[. ' iA . .~ MYCOMMIS;$/ON#" DD04!f1M EXPIRES
~ ~ ~:f Septem ber 2, 2005
. tR~, ~:<<f" . BOMVEO IjJ i U TWY f AIM INSURANC[IN\.-
P.."e 2
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R<:v\,~d 9117 /200~
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AFFIDAVIT TO AUTHORIZE AGENT:
HUNTflR HOTEL COMPANY, an Iowa corporat.ion,- formerly known as Flarilia Clearwater Beach
Hotel Co.
(Names of all property OWi'lel'$ on deed ~ please PRINT full names)
1, That (I amlWe are) the owner{s) and re/;Qrd Jrtle holder(s) Llf the following descriixld property (address or generallocahon)
500 Mandalay Aven~li adjoinmg pq,rtlsls 'more particul.~ly descrl.bed on Exhibit hAh
attached hereto and incorporated he~e~.
z That WS property conslituteS the property for whIch a request for 3. (desatbe req<lestl
FlexJ.ble de'<l'elopme:nt approvi\l for oomprehensive ;a.nfl.ll redevelopmen,t project; developttlent
agreement applic a tion, ooroprehen.si ve "ign progra:m applioa tion, OOl'lIprehens i va lands cape plan
application and requests for vacation of right-of~~
3. That It\~ Im;;lefSi9ned (Mshlaw) appointed and (aoes/dQ) appoint: E. D. lu'lnstrong III. EsqU1.re, of Johnson, Pope.
Bokor, Ruppel & Burns, LLP
as (hlSl\heit) agent(sJ 10 ~ allY petitions or other documen~ ne<:essaf)" to affect $1.Idl petition:
() That (\lweI, lhe undersigned aUthQrtty, hereby c:etbfy lIlat the foregOIng 1$
-..J
Property Owne[
4 Tha( this affidavit has been ~ ~ h'l4uce the City of QfealWat.er, FklMa tq ~
ProPllIft)' Ownel'
STATE OF IOWA
comrrt OF POLK
)
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Before me die Ul'ldelSlgned, <In officet duly commlsskmed by Iha laws of the State of Florida, on Ihi$ .:z 3 day l;l/'
september ,~~ pel'$Qnahy Ilfpeared J~unter, as Vice P~es:i.de:nt.. who l\aving been fifstduly sworn
Deposes and $aY'$ that he/she Mly undorstands tI'le contents 01 the alfidalljt that helsM signee!, ~ 0
"of Hunte:: Hotel Col\lpany J an Iowa. ' I~~ ~ _ y ;tJ-V~
corporatJ-on, on beha ~ ... ~ N ,~- 'p b )
" .0 Lt: owry UIO
My Comm!sslon E;tplr03s f!- CommIssIOn Number 225533
""~ _ 1y' _ lssron expIres
I 1Il'..~
I AFfIDAVIT TO AUTHORIZE AGENT:
_ MANDALA Y INVESTMENTS.. LLC. a F" 1 or 1 nil 1 i lU 1 rf"d ] 1 ;l h1 l.1J"_v cornp<l ny
(Names "Of'iiil property owners on deeg - p!t:ase PRINT (ull names)
That (I aml"-e are)lhe OWl'Ier(s) and reeo/a tlUe holder(s) o( tile (Ollowlng dcscnb~r::l property (address tlr generollloc.3t1onJ
Parcel located at 470 Mandalay Avem..e, as more part1.cularly descrJ.ood on Exhl.b.1.t "Au
~~hed hereto and l.ncorporated hele1n.
2 That ttus property CCl'lSllwtes the prop9rty for which 8 request fOI' a (descilbe request)
Flexible development approval for c~mprehensJ.ve J.nfJ.Il redevelopment proJect: development
agreement appl.1.cation, comprehensiv~ sign program appl1.cat.1.on, comprehens1ve landscape
plan applicat1.on and requests for vacation of rJ.ght-of~way"
3 Th3t lhe undersIgned (ha.$lhave) apPointed and (doesfdo I appoint .E .. D .. Arms tronq I I I, Es qu lore. 0 f JaMS on ,
Pope, Bokor. Ruppel & Burns, LLP
as (hislthetr) 3gen(ts) to exoeute any petillons or other ducuments necessary to .affect such petlUon;
4 That thiS afflda",t nas been el(ecuted 10 Induce the CIty 01 Clearwater, Flonda 10 <:onsllJer and aC( on the above desc:nbed property;
5 That sr.e VISItS to the propdl'ly are nec:essary by City rcpre,sentatlVe$ In order to p..occss thIs applicallon and the owner authof'\l.es CIty
represenbhYeS 10 VISit and photograph the pro~rty deserib<!d In thi$ appllcatcon.
(j thai (llwe 1. the unde rs i 9' oed authority, he reby ce rtlfy that the foregOIng Is Irt!ei and c:a rrecl
MANDAU\Y INVESTMENTS.
l.unit .1.ab1 t
Prope r
BY:
Property
a Flor1da
Property Owner
STATE OF FLORIDA
COUNTY OF PIN&LAS
Before me the undersrgned an officer (fuly commISSIoned by Ule laws of the State 01 F londa. on lI'lls :2 J.j Nt.- day 01
Sepeember 2004 personally appeared J. Mi(:hael Cheezem, a.s Mana'J.1.nq* who h~VIIlg been first duly sworn
Deposes and says that he/she fully understands the contents (,f the affldaVTt lhat he/she signed
*M~er of Mandalay Investments, LLC, a
Flor1da l~~ted liability company,
My COMmiSSIOn E:w.plfes
~
~~~
No13ry PiJbllc
,A;~.'~"J", '. l:l'i n II [. Sa 1m
t:'t- A YfI:;~ MY COMMISSION , DOO~1066 EXI'lRES
~~";9~f September 2, 2005
"-?';?f"f,i't-.. eONDED lHRU TROY fAIN 1N5IJUJlCt INc.
SEP-22~200~ 17:20
7274~18617
97/'
P,,02
..."-' ...
AFFIDAVIT TO AUTHORIZE AGENT: (BY APPLJ:CAN'1')
CElR DEVELOPMENT II, Ltc, a Plorl.(la hmited liability company
. '
rrhe underc:a.gned loG the ,applicant regardincj11e ful!alMng de&<tibed proper1y (addrllss Of Ii/enerallccs;llonj
Parcels 08/29/15/16398/000/0530, OEl/29/1S/16398/000/0490, 08/29/15/16398/000/0090,
1J'tj/ t'.':J/ J.':)/ J.bJ~8/ UUIJ/UUblJ, Ul:l/ L.':J/ 1.';)/ J.bJ:lti/ouu/ooJ.u, utJ/I.':J/ J.~/ llJ.:HW/UUIJ/UIJ10 ,
OS/29/15/57924/000/0010 ~nd 08/29/15/t6398/00019~O '
_":::_...f..1
...... f ........
2 Th"t thIs property Gonsututes the property lOr wluch II request rOI I: (dGsaibe 'llqued)
Flexible development approval for c'otnprehensive infil1 redavelopment projoct; development
agreement application. eomprehensivp S1:J.gn program iI.9P1:J.caUon, comprehensive 'landscape plan .
applicataon and requests for vacation of right-of-way.
3 ThGI the tlndetlilgned (hasihave) appolntQd Gild Cdoe:;fdO) appoltlt
Pope, Bokor, Ruppel & Burns. LLP
E. D. Armstrong III. ESquire, of Johnson,
.
Il$ (h lsItheur) Ilgent{s) to CJl6 aile any peUbons or otho:r documents necessary 10 alfo<< such pabhon,
4, That thIs affidavtt has been ex:ecuted to Induce tile C/';y of Clearwater. Fbrld'a In con~ Ind Get on thG abow ~escn'bed property;
- app~icant
5 Th$t SIte visits to the property am M0QS$8.ry by City ~(CS(ln~1\I$ III 0Id0r to prooess this application antJ lho / authorlze$ City
fepresentallves to IW'isd: and photogr.lph the propo.rty desen'~ In thIS ~ - i ~
6. That (I/wel, !he undersigned alllhorfty, hereby artify tl1at tile foregoing Is troa alld oot!'eCt
CBR DINf;WPMENT II, LLC. a' :tlorida t limited
~\ity company
By: . CBR Commun1 ties II, Ltd..,. a ..Florida hm.:l. te
_--!,nlrtnership, .Ma.haqinQ'".J.!ember
By: JMC Colllm1ln:J.ties of ClearwaterVI. Inc.,
a Flo 1 a co ation, General Partne
By:
STATE OF FLORIDA
COUNTY OF PIN aLAS
~ ,
"
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S Boloto me tho tmcIe~~d an offiC8r duly lXIlIImhtlonect bj' Jhll.laws of !he State or FIonda '.!In this - ,< .;J B-t-, day of
eptember, 4 pGtlionaUy appeared J ~'il.cnael Cheezem. as Q;O of I "whO haVing boon fi!5l !,IIIJy sworn
Deposes .nd says thai hefshe fully Understands the amtents of Ule aCl1dllVil th~ helsl1~BS/gtl ,
~J~~( ""
Nota~
My Comm~lon &pires
ll'JMC C01ml:iWU.ties of Clea:rwaterw, Inc., a Florida corporation, General Partner of CBR
CommurU.ties II. Ltd., a Florida linu.te.d partne.rship, Ma.t'1ag'.:l.h9' MetllhQx;' of OR DEVELOPMENT D:, LLC,
a FlOrida lUlU. ted liab:J.l! ty c~pany
~~~, ~lt- ~) .....r"'j1t ~
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GAIL M.
MY COMMISSION' 00 107231
EXPIRES May 14, 2006
8ondedT\'nl Nolary Pubi;~
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EXHIBIT "A"
Map
# Parcel No Address Legal Description
(Owner)
1 08/29/15/16398/000/0530 495 Beach Lots 53, 54, 55 and 56,
(Hunter Hotel Company) Drrve Clearwater Beach Park,
accordrng to the plat thereof
recorded In Plat Book 10, Page
42, Public Records of Plnellas
County, Florida
2 08/29/15/16398/00010490 Vacant Lots 49,50,51 and 52,
(Hunter Hotel Company) Clearwater Beach Park,
according to the plat thereof
recorded In Plat Book 10, Page
42, Public Records of Prnellas
County, Florida
3 08/29/1516398/00010430 470 Mandalay Lots 43 through 48, Lots 65
(Mandalay Investments, Avenue through 71 and the South 14 75
LLC) feet of Lot 64, Clearwater
Beach Park, according to the
plat thereof recorded In Plat
Book 10, Page 42, PublIC
Records of Plnellas County,
Flonda
4 08/29/15/16398100010090 470 Beach Lots 9, 10, 11, 12 and 13,
(Hunter Hotel Company) Drive Clearwater Beach Park,
according to the plat thereof
recorded In Plat Book 10, Page
42, Public Records of Prnellas
County, Florida
5 08/29/15/16398/000/0060 Vacant Lots 6, 7 and 8, Clearwater
(Hunter Hotel Company) Beach Park SubdivIsion, as
recorded In Plat Book 10, Page
42, PublIC Records of Plnellas
County, Florida
6 08/29/15/16398/000/001 0 490 Beach Lots 1 through 5, Inclusive,
(Hunter Hotel Company) Drive Clearwater Beach Park
SubdivIsion, according to the
plat thereof recorded In Plat
Book 10, Page 42, Public
Records of PlneJlas County,
Flonda
#328195 v4
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Exhibit "B"
Owners
Hunter Hotel Company
Attn Jeffrey Hunter
POBox 7230
Des MOines, Iowa 50309
(515)362-5240
Mandalay Investments, LLC
Attn John Hobach
2201 Fourth Street North, SUite 200
St Petersburg, Flonda 33704
(727)823-0022
Representative of Owners and Applicant
E D Armstrong III, EsqUire
Johnson, Pope, Bokor, Ruppel & Burns, LLP
POBox 1368
Clearwater, Flonda 33757-1368
(727)461-1818
#330916 v1
4-
KNOLOGY@
Telephone Coble TV Internet
E D Armstrong III
Johnson, Pope, Bokor Ruppel & Bums, LLP
PO Box 1368
ClealWater, FL 33757-1368
Date September 29, 2004
Re' Petition to vacate Beach Dr. R.O.W. - San Marco St. to Baymont St.
Dear ED Armstrong III
Thank you for advIsing us of the subject proposed vacate of Right-of-Way,
_X_ Knology Broadband of Florida, Inc has no objection.
In order to proper1y evaluate this request, Knology Broadband of Flonda, lnc will need
detailed plans of facllltJes proposed for the subject area
Knology Broadband of flonda, Inc has faCIlities Wlthm this area which may conflict With the
subject project Knology Broadband of Flonda, lnc has no objectIOns provided easements
for our facilities are granted or retamed as shown on the attached drawmg or applicant bears
the expense for relocallon of any Knology Broadband of Flonda, Inc faCIlities to malntam
servIce to customers affected by the proposed vacatIOn
Please refer any further correspondence and pre-construction meetmg notices to
Knology Broadband of Florida, Inc.
Toby Carroll
Construction Manager
3001 Gandy Blvd. N
Pine lias Park, FL 33782
Notes:
Smcerely,
~.
Jay Young
Field Engmeer
Knology Broadband of Flonda, Inc
727 -217-2631 Office
727-217-2649 Fax
KllFFORM"13 J2/31103
3001 Gandy Boulevard North · PlRellas Park, Fl33782 . www.knology.com
2530 Drew Street
Clearwater, FL 33765
tel 727 797 1818
fax 727 431 8601
, j ( I
bright (7:.' -S<' '.'
hO~T~~ ~ ~.
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Date Sept 30,2004
Re: Beach Drive (Baymont St to San Marco St.)
Dear Mr Healey
Thank you for advlsmg us of subject proposed project/ vacatIOn! adjustment
_ Bnght House has no objection SEE NOTES.
_ Bnght House has no objections proVided easements for our faCilities are granted or
retamed as shown on the attached drawmg.
XX Bnght House has no objections proVided applIcant bears the expense for relocatIOn of
any Bnght House facIlIties to mamtam service to customers affected by the proposed
vacation
In order to properly evaluate thiS request, Bnght House Will need detaIled plans of
facilities proposed for subject areas
Bnght House has faclhtles wlthm thiS area, WhICh may confhct with subject project
please call one call1ocatmg SEE NOTES
Bnght House requlfes 30 days wntten notice pnor to constructIOn start date to relocate
their fdclhttes
Please refer any further correspondence and pre-constructlOn meetmg notices to'
W Scott Creasy at 803-5053
NOTES ThiS IS our area of Service We have faClhtles m the front Easement/ROW
Smcerely, ( ~
W Scott Creasy I~ (
FIeld Engmeer ill ~
Bnght house Networks
Network Engineering
And Planning
'~J^
verilOrf
September 24,2004
1280 Cleveland St, FLCW5033
Clearwater, FL 33755
727562 1126
727-562-1193
Fax 727 562 1175
Mr E D Armstrong III
Johnson, Pope, Bokor, Ruppel & Bums, LLP
Attorneys and Counselors at Law
911 Chestnut St
POBox 1368
Clearwater, FL 33757-1368
RE Vacation of Right-of Way of Beach Dr
Venzon Central Office 5211
Dear Mr Armstrong
Weare III receipt of your request for vacation of Right -of-Way of Beach Dr Venzon objects to the
proposed vacation due to conflict with company facihtles The applIcant must arrange through this
office for the relocation or removal of V enzon facilities and bear all costs assoCiated thereWith Upon
completion of this requIrement, Verizon will Issue a "Letter of No ObJectIOn" to the applicant
r
Thank you for your cooperauon With this office Should you have any questions, please call Vlckte
Smgleton at 727-562.1126 In the Clearwater asp EnglOeenng Office
Smcerely,
Juana M Morales
Section Manager -OSP Engineenng
JMMNS/ds tD
1/1
~ Progress Energy
October 18,2004
Mr E D Armstrong III
Johnson, Pope, Baker, Ruppel & Bums, LLP
911 Chestnut St
Clearwater, FL 33757-1368
VIA FAX 462-0365
Dear Mr Annstrong
Thank you for advismg us of subject project
Progress Energy has no obJections.
Progress Energy has no objection provided an easement for our facihtles are
granted or retained as shown on the attached drawmg
L
-
Progress Energy has no objections proVided applIcant bears the
expense for relocation of any Progress Energy facihtles to maintain sefVIce to
customers affected by the proposed vacation adjustment and the apphcant
provides easement as required for existIng or proposed faclhtles
In order to properly evaluate thiS request, Progress Energy wIll
need detaIled plans of facilitIes proposed for subject area
Progress Energy has facIlities wlthm tlus area which may
COnflict with subject project
Please refer any further correspondence and pre-construction meetmg notificatIOns to me at the
below address or you can contact me by phone at (727) 562-3903
Sincerely,
PROG~.S~_~NE~aJj ~
Jeanne~
Clearwater Engmeenng
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2166 F-dlnlettb Street CW-14 Bldg F -
Clearwater, Fl 33765
(727) 562.5658
. ,
JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP
ATTORNEYS AND COUNSELLOR~ AT LAW
h D ARMSTRONG III
BRUCE fl BOKOR
JOHN R BONNER SR ·
GUYM BURNS
JONA TIlAN S COLEMAN
STACY COSlNER
MICHAEL T CRONIN
ELIZABETH J DANIELS
BECKY FERRELL-ANTON
COLLEEN M FLYNN
RINAT HADAS
MARION HALE
SCOTT C ILGJ:NrRITZ
FRANK R JAKES
TIMOTHY A JOHNSON JR
SIIARON E KRICK
ROGJ:R A LARSON
JOHN R LAWSON, JR'
LEANNJ: LETlZE'
MICHAEL G LmLE
MICHAEL C MARKHAM
ZACHARYD MI:SSA
A R 'CHARLIE" NEAL
TROY J PERDUE
F WALl ACE POPE JR
ROBI:RT V POrrER, JR
AUDREYB RAUCHWAY
DARRYLR RICHARDS
PETER A RIVELLlN[
DeNNIS G RUPPEL'
CHARLES A SAMARKOS
PHILIP M SHASTEEN
JOAN M VECCHlOLl
STEVEN H WEINBERGER
JOSEPH J WEISSMAN
STEVEN A WILLIAMSON
'OF COUNSEL
PLEAS!; REPLY TO CLEAR WATER
FILE NO 40900101407
September 21,2004
Mr Gary Haire
Progress Energy
2166 Palmetto Street, Building "F"
ClealWater, FL 33765
Re Request for Vacation of RIght-at-Way at Beach Dnve
Dear Mr Haire
This firm represents JMC Communities ("JMC"), which has entered Into contracts
for the purchase of the Clearwater Beach Hotel, located at 500 Mandalay Avenue as
well as the parcels located along Beach Dnve from Baymont Street south to San Marco
Street JMC Will be making application to the City for various development approvals
for redevelopment ot the property as a resort hotel and condominium project In
connection WIth the redevelopment of the property, JMC, JOIned by the property owners,
Will apply to the City for a vacation of the rioht-of-way ot that portion of Beach Dnve
bounded by Baymont Street on the north and San Marco Street on the south, as
depicted on the enclosed map
ThIS IS a request for a letter ot no objection In connection With the proposed
vacation If you have utilities located m the area of Beach Dnve proposed to be
vacated, please respond as to your requirements for relocation of those utIlities
We would appreciate receiving your response in the enclosed stamped, selt-
addressed envelope as soon as possIble It you need any additional information In
connection With our request, please do not heSItate to contact my legal assistant, Jayne
Sears, or me
CLEARW AlER OFFICE
911 n-resTNUT ST
PO~T OH1CF BOX 1363
CLEARWATER. FLORIDA 337 S7-l368
T!:L.EPHONE (727) 461 J 813
lELOCOPIER (727) 462 GJ6S
TAMPA OffiCE
lOON TAMPA~T
SUITE 1800
POST OffiCE BOX 1100
TAMPA, FLORIDA 33601-1100
TELEPHONE (H ll)225-7500
,TELECOPIHl. (813) 213 7113
JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP
ATTORNEYS AND COUNSELLORS AT LAW
Mr Gary Haire
September 21,2004
Page 2
Please note the enclosed letter from Wilham B. Horne II, City Manager, sohcltlng
your prompt response to our request Thank you for your assistance.
ve~w
E 0 Armstrong III
EDAlJs
ends
cc w/encl
Mr. John Hobach
#328042 v3
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~portion of Beach Dr~ve requested
to be vacated
3 31.Aat.t1l
Best C(";py
Avairable
PHASE I
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PHA.SE 2'
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PineIlas County Property Appraiser
Parcel Information
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'''''iH'
CITY OF CLEARWATER
POSl OFFICE Box 4748, CJ EARWA TFR, F LORlDA 33758-4748
OTY liAll, 112 SOUTH OSCEOlA AVFNUE, CLEARWA11o.R, FLORIDA 3)756
TFI FPHONr ()27) 562-4040 FAX (727) 562~4052
CITY MANAGrR
September 17, 2004
Gary- Haire
Progress Energy
2166 Palmetto Street
Brulding "F"
dearwater, FL 33765
FAX: 727-562-5686
Dear Mr. Haire~
The City of dearwater requests your expeditious response to ]MC PropertIes as to
their ability to relocate your utility Too IS an extremely time sensitive project of great
importance to our citywide goals.
We recognize your challenges due to recent events but sincerely appreciate your
support of this request.
Please call ASSIstant City Manager Gany Brumback at (727) 562-4053 to answer any
questlons and concerns.
BRIAN J AUNCM, /l.1AVOR
r!W\K I-Imll,\ko, VIC! /I.-!AVOR
BI LL JON~ON, COUNCll!,tr"lnrR
*
HoY! 1-lA.Mll JON, COlINClL\I[\1Hrk
C-\RIIN A Pr I C""CN COl'N<..lI_\IC\IKrR
, "
"EQUAl EM!'! OY,~t[N 1 A."ID A1 fllUliA 11 VI Ac! JON EMI'LOVIIl"
Mcssdge
Page lofl
Wells, Wayne
From
Sent
To
Cc
Subject
,
Wells, Wayne
Sunday, October 10,2004430 PM
'Jayne E Sears'
Watkins, Sherry
RE FLD2004-09068/500 Mandalay
The Preliminary Plat was Sheets 7-8 of the cIvil site plan set, so, no we do not need additional copies of the
Preliminary Plat Alii do need IS the anginal Plat application and 14 caples of the Plat application, plus the
$600 00 fee See Sherry Thanks
-----Ong I na I M essage- ----
From: Jayne E Sears [mallto JayneS@Jpflrm,com]
Sent: Sunday, October 10, 20049'37 AM
To: Wells, Wayne
Subject: FLD2004-09068/S00 Mandalay
Thanks for the complete letter
I Just got a copy of the "Application for Plat Approval" from your webslte Do I need to submIt 10 addItIonal
copies of the prelIminary plat with this form?
Is the fee $600?
Jayne E Sears
Legal ASSistant
Johnson, Pope, Bokor,
Ruppel & Burns, LLP
911 Chestnut Street
Clearwater, FL 33756
Phone (727) 461-1818
Fax (727) 462-0365
10/10/2004
o
C I T Y 0 F CLL""'\ R W ATE R
PLANNING DEPARTMENT
MUNICIPAL SERVICES BUILDING
100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
WWW MYCLEAR WATER COM
~ Clearwater
October 08,2004
E D Annshong
Po Box 1368
Clearwater, FI 33757
RE FLD2004-09068 -- 500 MANDALA Y AVE -- Letter of Completeness
Dear E D Annstrong
The Planlllng Staff has entered your apphcatlOn lllto the Department's filmg system and assigned the
case number FLD2004-09068 After a prehmlllary reVIew of the submitted documents, staff has
detenmned that the apphcatlOn IS Complete
The Development Review Committee (DRC) will reVIew the apphcahon for suffiCiency on
November 12,2004, m the Planmng Department conference room - Room 216 - on the second floor
of the MUlllClpal SerVIces BUlldlllg The bUlldmg IS located at 100 South Myrtle Avenue m
downtown Clearwdter Please call Sherry Watkms, Admmlstratlve Analyst, at 727-562-4582 no
earher than one week pnor to the meetmg date for the approxImate time that your case WIll be
revIewed You or yourrepresentatIve (as apphcable) must be present to answer any questIOns that the
DRC may have regardmg your apphcatlon AdditIOnal comments may be generated by the DRC at the
tlme of the meetmg
If you have any questIons, please do not heSItate to contact me at 727-562-4504 or
Wayne Wells@myclearwater com
Smcerely yours,
~c:J:::s,~' W~
Planner III
Leller ofCompleteue5S - FLD2004-09068 - 500 MANDALA Y AVE
.,
,'".
Wells, Wayne
From
Sent
To
Subject
Wells, Wayne
Fnday, June DB, 2007 11 3B AM
Delk, Michael
RE Beach area behind the New Sand Pearl
Michael -
CleanIng out emalls
recorded deed
Wayne
Yes - I agree/concur They did convey to the City a portion of the beach ("Beach Property") by
-----Onglnal Message-----
From Delk, MIchael
Sent. Wednesday, May 3D, 20078 21 AM
To Wells, Wayne
Subject. FW Beach area behind the New Sand Pearl
Wayne - FYI Do you generally concur?
mlchael
p s What a bad game
-----Onglnal Message-----
From. QUillen, Michael
Sent Tuesday, May 29, 2007 4 08 PM
To Kronschnabl, Jeff, Delk, Michael
CC' Andrews, Wayne, Hall, Bob, Brown, Shelby, Moms, Wilham D
Subject. RE Beach area behind the New Sand Pearl
I think the answer lies In the Development Agreement There IS a 190' wide parcel Immediately west of their pool
area which they own ThiS IS called the "Upland Property" In the development agreement Section 503 (B) of the
agreement descrrbes what can be done on thiS upland property and reads as follows
8 Conveyance of Beach Property to City Developer agrees to convey to CIty by speCial warranty
deed, free and clear of hens and encumbrances, the real property described on the
attached Exhibit B-2 (the "Beach Property") City agrees to accept the conveyance of the
Beach Property as additional consIderation for the allocation of the additional hotel units
from the Hotel Unit Pool and, as approved by the City Manager, In satisfaction of the
Recreation FaCility Land Fees and Open Space Fees as to the Project Developer shall not
be excused from payment of the Recreation FaCility Fees which shall be due and payable In
accordance with the City ordinance Imposing such fees The property owned by Developer
between the Beach Property and the portions of the Project site to be Improved, as
described on the attached Exhibit B-3, IS hereafter referred to as the "Upland Property"
The general public shall be entitled to continue to use the Upland Property as the general
public IS currently uSing such property Future use of the Upland Property by the general
public shall not unreasonably Interfere with or disturb the use of such property by Developer
and ItS successors, assigns, tenants, Invltees and guests The Developer and Its
successors, assigns, tenants, Invltees and guests shall be entitled to use the Beach
Property In the future to the same extent and In the manner as the general public The City
shall have the excluSive right to grant concessIons as to the Beach Property Subject to
applicable City regulations and permitting requirements, the Developer may operate on the
Upland Property concessions related to the use of the beach and the adjacent waters by the
general public and tOUrists vIsiting the beach area, and by the Developer, ItS successors,
assigns, tenants, Invltees and guests Such concessions will be limited to the sale, rental or
use of equipment, products and services as IS then common to the recreational and other
use of the beach and the recreational uses on, In and under the adjacent waters of the Gulf
of MexIco City and Developer agree to Impose a land use restriction on the Beach Property
1
...""
and Upland Property that will prohibit use of such property for Jet-ski or para-sail operation
concessions
MIChael 0 QUillen, P E
DlrectOl of Engmeenng
City of Clearwater
ffiKhael qUlllen(c]myclearwdter com
7'27 -562 -4743
-----Ong Inal M essag e-----
From. Kronschnabl, Jeff
Sent. Tuesday, May 29, 2007808 AM
To Delk, Michael, QUillen, Michael
Cc' Andrews, Wayne, Hall, Bob, Brown, Shelby, Moms, Wilham D
Subject: FW Beach area behind the New Sand Pearl
Can you help out Lt Andrews with hiS question ~ who owns the beach area behind the Sand Pearl- how much
belongs 10 Hotel/Condo
-----Onglnal Messagem--
From' Andrews, Wayne
Sent: Sunday, May 27,20078 15 PM
To: Kronschnabl, Jeff
Subject: Beach area behInd the New Sand Pearl
Jeff, We are trying to figure out about the Beach Area behind the New Sand Pearl Private or
Public? Alcohol sales and possession? Can you tell me or send me to who can Thanks
Wayne
2
Wells, Wayne
From
Sent
To
Subject
Defk, MIchael
Monday, March 05, 2007 1 50 PM
Wells, Wayne
FW Sand Pearl Garage
FYI
mId
-----Orlglnal Message-____
From Horne, Wllllam
Sent Monday, March 05, 2007 12 31 PM
To Delk, Mlchael
Cc Brumback, Garry, Clty Councll, Akln, Pam
SubJect RE Sand Pearl Garage
Mlchael,
Thanks The Wlndow solutlon should Work
Council members Th,S is one of the 1SSues that Mr Bill Barrett has heartburn w1th
regard1ng the Sand Pearl garage across from h,s condo The w1ndow treatments should
e11m1nate 11ght Pollut10n or an any attempts to look 1nto the garage from the Mandalay
Beach Club Condos
Blll
ElII Horne, lCMA-CM
Clty Manager
Clearwater, FL
(727) 562-4046
-----Orlglnal Message_____
From Delk, Mlchael
Sent Monday, March 05, 2007 8 36 AM
To Horne, Wllllam
Cc Brumback, Garry
SubJect FW Sand Pearl Garage
BUl- FYI
mlchael
-Mlchael Delk, AICP
Plannlng Dlrector
Clty of Clearwater, FL
727-562-4561
myclearwater Com
-----Orlglnal Message-____
From John Hobach [mallto johnh@jmcdev com]
Sent Saturday, March 03, 2007 11 22 PM
To Delk, Mlchael, Johnh@Jmcdev com
:c Wells, Wayne, drlchards@Jmcdev com
~ub]ect RE Sand Pearl Garage
1
-
~
I
Mlke,
I thlnk once we complete Sandpearl and lnstall the perlmeter louvers (shutters, aka Tommy
Bahama), any concern regarding llghts and glare wlll no longer be an lssue
~----Orlglnal Message-----
From mlchael delk@MyClearwater com [mallto mlchael delk@MyClearwater com]
Sent Thu 3/1/2007 2 21 PM
To Johnh@Jmcdev com
Cc Wayne Wells@myClearwater com
SubJect Sand Pearl Garage
Mr Hobach ~ As you may be aware, a resldent of Mandalay Beach Club condomlnlum has
approached the Clty wlth regard to concerns about light glare emanatlng from the Sand
Pearl parklng garage presently under constructlon I wanted to touch base wlth you to let
you know that In the event you were to conslder light shleldlng coverlngs, I would asslst
you wlth regard to any staff approval, lf any, that mlght be needed to accommodate lt I
antlclpate no process or approval delay would need to occur Nor would there be a permlt
lssue
Feel free to contact me lf you have any questlons
Mlchael Delk, AICP
Plannlng Dlrector
Clty of Clearwater, FL
727-562-4561
myclearwater com
2
Wells, Wayne
From
Sent
To
Cc
Subject
John Hobach ~ohnh@jmcdev com]
Saturday, March 03, 2007 11 22 PM
Delk, Michael, Johnh@jmcdevcom
Wells, Wayne, dnchards@jmcdev com
RE Sand Pearl Garage
Mlke,
I thlnk once we complete Sandpearl and lnstall the perlmeter louvers (shutters, aka Tommy
Bahama), any concern regardlng llghts and glare wlll no longer be an lssue
-----Orlglnal Message-----
From mlchael delk@MyClearwater com [mallto mlchael delk@MyClearwater com]
Sent Thu 3/1/2007 2 21 PM
To Johnh@Jmcdev com
Cc Wayne wells@myClearwater com
SubJect Sand Pearl Garage
Mr Hobach - As you may be aware, a resldent of Mandalay Beach Club condomlnlum has
approached the Clty wlth regard to concerns about llght glare emanatlng from the Sand
Pearl parklng garage presently under constructlon I wanted to touch base wlth you to let
you know that ln the event you were to conslder llght shleldlng coverlngs, I would aSslst
you wlth regard to any staff approval, lf any, that might be needed to accommodate lt I
antlclpate no process or approval delay would need to occur Nor would there be a permlt
lssue
Feel free to contact me lf you have any questions
Mlchael Delk, AICP
Plannlng Dlrector
Clty of Clearwater, FL
727-562-4561
myclearwater com
1
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(i) I Jl~ 11:\NDI']' A.m, It ES OR f, LLC, ~ J ]omlll llllllled Ii ah I j II)' rom pan)', havlIIB an llddre~q at 2101 4~'
$lr\:I,(.N, 8ml.' 200, Sc. Peter:lhllrg, I ]onda 33:704 (Ih<; "(}rllPfor"), and (Ii) 1 BE Crry or
,r-CtTIAlnVA fER, h;tVll1n ;lll addfes~ of Post Offll'e'!jox 47l1R, CJemWl'ller, F1flnd~ 317511-4748 (lite
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C"oll,>rdenllJ(}n, the (oceJpr of which IS }]('reby ,lcknOWledged, Glllntor doeq hereby granl, hnrgHlll, sell,
UlllV()Y I'It1(1 il'j~lg'llllltn Grantee, il:> ,>m,cc~sors and a<;~lgn9, In fee slIlIpl", Ihnt certlllll pnna:l of )1\0(1 'iltlldle
Hmllu'lIIg III Pme-HuH COUIlIY, Flollnll; <ImllwHlg more PllltlClllnrly dl'Sr'1 ibed In E.;thlbit A nlt,JclLed ht'relo
and Illdd r~ <I jlOl1 I wu,of
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11'0i(j~j'.nFn 'WITH 1111 fight, {ltle hnd mlerest nf GmHlor III and to finy Ilght~, plleys,
'ilu:;L!s ,mil I'J.IY~, publK fllal private, Wlttels, npJ.rdm/1I ttoral nghts, lIel it!tlOilS, c,,:';Jements, j)flvlleges,
fllll....11H.llh, hCICdlltlrllChtS 11111] llppm1f"ll'1nCOC'5 ht:llollgm'g 01 ilf1p' ,hllIl1llg tIiO;:I~{o,
:~\ m,l~GC'T ~JI.'n. any and nil, ovell"rtl~, r::fl~t'Il1t:III', nnd h~stric{lOn" of record, and re(\J e'ltafe
t,'l.X('o, /lot vet 11 \Ie l!llll ]l11 yabl e,
~,h.1 H,~ r~Cf Al.fiO Tn lilt f 0 IlflWIII lil IdUd II ~e re~lnctjon wlm,1I IS II~reby J tnpo~ed on tht';
luna dj'SI~llbed m ~~!!!!L1LA and on the :Jil)nnllllg hmd:mt.\lfled IIY Grantor deswbed 1II ~x1dll!t!! filiI\( hell
IJClf'llJ "wi H1~lk a [1111'1 henlOt
nil; laud fle:~CJlbl.'d m !'.'..'fb.~lbLA_fllld E:xJI.ili!.!..1! Ghall [lot be used flll Jet-ski or
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. <I lid r nnve\' ~lud I:hld,' IltHlllerclJy W,lI] ;tnt~ 1/1(" lirJr;: 10 t.E1ld ldnd dud will defend lhe game dg,llll'it llle lawlul
dfllfllo; 0 f ,ill pC'f"lhlw' L!clll!lI11g hy, llllouglt or {Hldel tIle Gmn!or, but dWlITlst no others
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,) Florrd<l limited liability COlllpallY
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11,~ forbUflIrrLj 1I1::.lrumont was :itdmowledger! before mo lhl~ II day of .Jurm, 2005 by J
Mid lael C!leez!.!lIl. .:IL CEO uf JMC; COlllrnurllllp.s of Clearwater V, Joe, a Flomla corporalloll, ltw
(jpnAr-i'l1 Partne; (.f rnr~ Cmnll1lJnll1eS l. lid , a Florlrla ltlluted partnership, the Managlnl) Member
of The icidnclpem I ll.f't1ort, II C, (;1 Floll(!,a lImlteclli\3blllly cnmp,my. Who 15 irtPersonally known 10
me or Il ha~ prorJ\1Gecl ;"1 fkJtJrla (JrIVe('-':,...JfC'(I~::;edYlr ~1 _ ___________._ as
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l:;;.\ Ihl~,M' ,i':.[t..::: My C01l1ll1l'ibl0n expires ________
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A pm [,,,,lIlt Ii/nd 11(1IJl(] a p()rl!o~ of Set,tlorn [) flnd :0, I oWli',hl[1 29 South, Rangp 1 ~ East, Pinelf01s
C III lilly, F- lond,l, bl:Ji n~l 1119ra parllClll arty dl'!S Crlbet! CIS f( J Itnw!,
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COMJVH"::HCE. dt HliJ~ [.;dJllfleast r,omer of rract A, itA nF-SUB Ol~ BLOCKS 10.11 AND LOTS 2
J u I'~ lI'j! ~l Bl.ot!{'P-UFTf-lf~ R1?VISE.O MAP Of." CLEARWATER BEACH", ,If; recorded In PIal
[lonk 1 0, pd~le !l~l'Qf fllC: PI~hll(; RBeonJ~ of Plflell,m.i County, Florida; thence N21 "37'34"E, along
tho E~l';t Itn!v'9t SfJ.!d 118C't 1\ sam{' belr\[] the West Right-of-Way line Df Mand<iI>lY Avenue,
f)GCl1r(ill1n tolsatrJ ,fA HE-SUIJ OF r"lLOCKS HH 1 ANn lOTS 210 151NCL OLOCf< gal:" fHE
HI:VISFU I~~F! {;}f: (,LE^HWA TErt IlEACII", (t)eulrJ the hasls of beannQs for IIl1S description)
to r 1 t 12 ;if,Yl;\el, !hElnc~,,; cor Ihm Ie fJlong S <Jlrl liast 11l1e of 1 ract A, same hornrJ sfll(l We'; t
Right qf \NflY Jl) II' flf Manl1aJ:;lY ^ ven ue, NU 2"4 'I' 3 4"E:, for 110 60 feet tu the pOint of IntersectIOn
Wlttl !I\p~ 'SQL'lth night of Way Ilne of Ambler Street, accordmg to "MILLER'S REPLAr', as
recorrlerV lfl rl~t nook 2f1, pano '17 or tile Public F{ecords of pmeilas Coun1y, Flonda, thence
~m9'''J:JfJ;6~''W, 8110n9 ~,<lHl Soulll Rlgt~l.ot~Way line of Ambler Street, for 10000 feet to lIla pomt of
mffrs.~c)l(Jn WIUl the SUlltherJy extensIon of the lEast !lna of Lol 9, $,:Ild "MJLLER'S REPLAT",
Ih I::illee 'NOr 41' J 'j "E, i1lnng s,ue! 50[l1l1B rl Y extensto n of Itle East linB of Lot 9, and said East 1mB of
:"11Jt 0;' ra~;pedjv$ly, fl1r 100 05 rlaet to the pOInt or IntersectIon wllh the North line of the Soutll
('-, ~(j 00 h,'el or sard Lot 9, thence N09bO(j' 59'W, alo'nq ~;ald North !tne of the Soulh 80 00 fe!!ll of Lol
~ ,,9, for GO DO feet to tho rOlnl of 1l1ter<;ectlorl wlfh IIle We',! ltn~ of "aid Lot g, lilence N02641'34"E,
"--' )ijiollll M!d Wel,( IJrl8 of Lot 0, for 6 Of} feet to the t lorthwost corner of SOld Lot iJ, thonoe
'--- N8g"'mi'f)9"W, ,llong file North 1m!" of Lot 10, .t\aiCt 'IM1LLI:R'A REPLAT", the Nmth Ilfm of Lilt I,
g;:lld "M III r: R'G nEI)] A f", ~mr.:l fh,' We'; terly elltem!Jlon of s aId North line of Lot 1, respecltvaly, for
3BO 36 fl"e.t, -to TIIF POINT Or- BI::GINNING, thence continua along said Westerly extCI1-::ion of
snid NMll trFle of Ltll I, S130"06'5U"C, for 1 02 03 feat to !lIe poInt of intersec(lon WIth elev<1tlon
o fl2 f('r,1. Nortl, Ampn(;an VeIUc,~1 Datum of hr.lI3o (~J^VD 18513), same being the POint of
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III lBf1:lBl..lIon WI U I U Ie Merlll Hltlh Water Llfm 0 f thB GlIlf of MeXICO as recorded With the Department
01 En\llronl11ent~11 Profm::tum M~Jan f Jlq! I Wrltsr SLlrv~y file number 3429, thence the follow1rI9 nme
(0) (lQlIr:"I~$ .,h;mll bard eJlev~tlon 0 62. fel~l, Nori)l ~mertQfl!l VertIcal Datum of 1908 (f'.lAVD 1980),
:,1'lrr1(! !JPln.o !oFlld Mean llrqll Wafer lJne QfUle Gulf of MeXICO, (1) thence S04~5D'06"W, for 4089
feet' (~1) tllUllce ~1fJ!)6113'5n"W, for 51 5tI feet, (3) tllence t.O[)Ori2L49"W, for 61 04 feel, (4) thence
SOtj":.1V4 I"W, fi';r 4D 70 f€l81, (5) Itlen(;F,! SOrJ5':-j1'W, fnr 47 21l (<"el, (6) thence f)OB~11'3J'W,
for 4'J 90 feet, (I) il1"'11(,8 HOfJ"02'3F:lnW, for 51 !J4 fe-e!, (0) thl.!nce SOS"SJ'20'W, for 49 11 foat, (O)
Ihl;lnCi? ;:.(1) ~ .J:l"111'W, fDr 42 Of! fOFlI to t1"'lO pOlnl of intElrsecllon WIth the WeSlerly Qxtenslon of the
centcrllnl' of (Iayml)nt Slrsel, tlcoordmn to sOIlCj "4 RE.SLJD OF. OI.OCKS 10-11 AND LOTS 2 TO
1 b I NC'L OLO(:::!( (J fir 1 HE nevI m:o M^,:I1 OF ~L EARW A TEn Fl EACH", thence IOl;\ving
el/%~1Ion 062 rSl::Jt, Norlli )\mprkall Vorllr'ol DatlJrn of 1f)f.\B (NAVD 19813), SilSg26'04"E, l;llong
l>rild \N~n,tUlly fj;diin"lol1 of 1hl] Genl.'1 line of B~)'lJlont Street and .said centor1me of 8aymol1t
Stll;) Ijt, 11?:'31 leell,,/! ily, 10 r ?O"l 02 teel, thance N 03 ~ 4"2' 16 "E le:'l VIrlg sa Id Wp5ler Iy e)ctrm!ilon of the
U'lllprlllll (If 1l<lyn1Or1t Street ;'inn s.~I(1 can\fillllnA bt Ilaymnnl Slre,pl re!ipectlVely, fur 431 54 reet
to -, f n: P( )11\) T Of m:C,INNINLil
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Wells, Wayne
From
Sent
To.
Cc
Subject
Bruch, Tracey
Tuesday, August 28, 2007 11 48 AM
QUillen, Michael, Delk. Michael
Clayton, Gina, Wells, Wayne
Sand Pearl
FYI
One of their managers called last FrIday and was inqUIring about employee parking for the Sand Pearl Resort He
was looking for parking for 30 ~ 50 employees Told him that was not pOSSIble He saId they have parkrng on sIte
but since parking was "tight" he wanted to keep as much os pOSSible available for guests
Tracey
Tracey Bruch, CAPP
Parking Manager
(727) 562-4771
tracey bruch@mycfeolWoter com
1
.
Wells, Wayne
From
Sent
To
Cc
Subject
Patnl, Hlmanshu
Thursday, August 30, 2007 9 19 AM
'Johnh@Jmcdev com'
Clayton, Gina, Dougall-Sides, Leslie, Wells, Wayne, Bertels, Paul
RE Sandpearl Trip Generation Management Program
John,
Upon reviewing the Tnp Generation Management Program I have two questions
1) Do you have any more Information on the "AlternatIve work hours program"? I'm CUriOUS roughly how many workers wIll
be working what hours and what percentage of the resort's staff will be commuting In and out dUring the AM and PM peak
hours Will there be more workers commuting on an average weekend compared to a weekday?
2) Is there any more Information avaIlable on the airport shuttle and how many guests you expect will take the shuttle from
TPA rather than renting a car? Will thiS shuttle continuously run back and forth or will It only be avaIlable when someone
requests a nde?
Thanks,
Hlmanshu
-----Onglnal Message-----
From: Wells, Wayne
Sent: Wednesday, August 15, 2007 8 45 AM
To' Patnl, Hlmanshu
Subject FW Sandpearl Tnp Generabon Management Program
I have also sent to Paul the recorded Covenant for your records
-----Onglnal Message-----
From, Wells, Wayne
Sent, Fnday, August 03, 2007 8 24 AM
To Bertels, Paul
CC' Clayton, Gina, Dougall-SIdes, Leslie, 'Johnh@Jmcdev com'
Subject: Sandpearl Tnp Generabon Management Program
Paul-
I will drop off to you a Tnp Generation Management Program (Program) for the Sandpear\ Resort at 500 Mandalay
Avenue Sandpearlls reqUIred under Section 2 035 c of the Development Agreement (recorded In OR Book 14089,
Pages 314-451) to record a Covenant regarding a Trtp Generation Management Program substantially In accordance
With Exhibit E of the Development Agreement I am separately asking John Hobach With JMC Development to make
sure they have recorded the covenant (very last statement In the Program says where It was recorded and that It IS
attached, but none was attached) Please review and provide any comments to me via emall as soon as possible If
you have any questions, you may emall Mr Hobach (see Cc to thiS emall) Thanks
Wayne Wells
Cc ~ Emarl only (Program only being additionally sent to Leslle Dougall-SIdes)
1
Wells, Wayne
From
Sent
To
Subject
Wells, Wayne
Monday, August 13, 200711 47 AM
'Johnh@Jmcdev com'
Sandpearl Hotel - BCP2005-08579
John -
Trying to clean up stuff regarding Issuance of the CertIficate of Occupancy I got from Marlene Weber the recorded
covenants I have already cleared the conditions regarding the Covenants for hUrricane closure and tnp generatIon
management program The follOWing condition for the hotel IS stili In the system as "not met" Some of the rooms/units In
the hotel were gOing to be condo hotel Has the condo plat for those rooms/units on the top floors been recorded yet?
Comply with the condItion of approval under FLD2004-09068 "That a condomInIum plat be recorded pnor to the Issuance
of the fIrst Certificate of Occupancy,"
Wayne
1
Wells, Wayne
From
Sent
To
Cc
Subject
Wells, Wayne
Fnday, August 03, 2007 8 23 AM
'Johnh@Jmcdev com'
Clayton, Gina, Camara, Jahayra
Sand pearl Resort
Importance
High
John -
You dropped off the other day a HUrricane Preparedness & Evacuation Plan and a Tnp Generation Management Program
for the Sandpearl Resort I am askIng BIll Vola, City Emergency Management Coordinator, to revIew your HUrricane
Preparedness & Evacuation Plan I am also requesting Paul Bertels, Traffic Operations Manager, to review your Tnp
Generation Management Program
However, I know you are trying to obtain the CertifIcate of Occupancy for the Sandpearl Resort (BCP2005-08579) I want
to make sure you have compiled with the reqUirements of the Development Agreement Section 2 03 5 c requires the
recording of a covenant and restnctlon, substantially In accordance wIth ExhIbit E of the Development Agreement, for a
Tnp GeneratIon Management Program pnor to the Issuance of a Certificate of Occupancy for the resort hotel I do note
that at the very end of the Tnp Generation Management Program that It says the Covenant was recorded and IS attached,
but no document IS attached Section 2 04 5 d reqUires the recordIng of a covenant and restnctlon, substantIally In
accordance with Exhibit F of the Development Agreement, for the evacuatIon of the hotel In the event of a hUrricane The
documents you have submitted are great, but I don't think what you have submItted meets the Development Agreement
requirements
Could you check your records and see If you have the recorded Covenants? If so, please forward them to me Thanks
Wayne
1
,~
Wells, Wayne
From
Sent
To
Cc
Subject
Delk, Michael
Wednesday, January 31,2007302 PM
Manni, Diane
Wells, Wayne
RE Sand Pearl Development
D1ane - I offer the follow1ng for the Mayor's response
Dear Mr Barrett,
I have asked staff to reV1ew Sand Pearl development approval
On December 14, 2004, the Commun1ty Development Board (CDB) approved Case No FLD2004-
09068 for the Sandpearl proJect
Th1s port1on of the Sandpearl proJect between San Marco and Baymont Streets 1S currently
under construct1on under Perm1t No BCP2006-04244 The plans 1nclude louvers over the
open1ngs 1n the second floor of the park1ng garage Staff 1nd1cates the open1ngs are
requ1red by BU1ld1ng Code and negate the need for mechan1cal vent1lat1on systems I have
been 1nformed that the general des1gn 1S s1m1lar 1n nature to that of Mandalay Beach Club
As w1th both proJects, there are two levels of park1ng w1th res1dent1al floors above
Deta1led plans for th1s proJect may be found 1n the Plann1ng or BU1ld1ng Departments and
may be rev1ewed at anyt1me dur1ng normal work1ng hours You may feel free to contact the
Plann1ng Department d1rectly at 562-4561 1f you have further quest10ns or w1sh to schedule
an opportu8n1ty to reV1ew plan deta1ls
S1ncerely,
Mayor H1bbard
-----or1g1nal Message-----
From Mann1, D1ane
Sent Wednesday, January 24, 2007 2 30 PM
To Ak1n, Pam, Doran, John, Goudeau, Cynd1e, H1bbard, Frank, Jonson,
W1ll1am, Mann1, D1ane, Petersen, Carlen, Reporter, Wagenfohr, Carl,
W1lls, Anne
Cc Delk, M1chael
SubJect FW Sand Pearl Development
M1chael, would you please draft a response to th1s e-ma1l for the Mayor and return to me
by wednesday, January 31st? Thanks
-----Or1g1nal Message-----
From Mann1, D1ane
Sent Wednesday, January 24, 2007 2 27 PM
To 'wsbarrett@hotma1l com'
SubJect RE Sand Pearl Development
Dear Mr Barrett
Your e-ma1l has been rece1ved and d1str1buted to the Mayor, C1ty Counc1l and C1ty
Management Thank you
-----Or1g1nal Message-----
From Internet Comment Card [ma1lto Internet_Comment_CardJ
1
~
Sent Wednesday, January 24, JOO? 10 45 AM
To Mann~, D~ane
SubJect Sand Pearl Development
Sender's Name Wllllam Barrett
Date sent 1/24/2007 10 45 24 AM
Comments
JMC was allowed a zero sidel~ne varlance and hUllt the Sand Pearl bUl1dlng rlght to the
sldewalk on San Marco Street W~th that 1t lS apparent that the portlon of the bU1ldlng
bordering San Marco Street ~s a parklng garage That parking garage has a serles of
openlngs on the second floor that run the length of San Marco Street It appears that the
garage wlll be brlghtly lit 24-hours a day and the res~dents of the Mandalay Beach Cluh
w1Il be subJect to looklng dlrectly lnto that parklng garage as though lt were a store
fron wlndow Thls lS unacceptable and certa1nly should have been better consldered
espec~ally ln l~ght of the zero set back granted I request that the Clty of Clearwater
requlre that JMC 1nstall permanent coverlngs over these w~ndows so that the Mandalay Beach
Club resldents as well as others USlng the street wlll not be looklng dlrectly lnto a
brlghtly 11t parklng garage dlrectly on the street These covers should completely prevent
looklng lnto the garage and seelng the garage 11ghts please advlse what the resolutlon
will be Please call me 1f you have any questions Thank you for your attent10n to thlS
serlOUS and OhV10US om~SSlon As you can lmaglne there lS a great deal of concern
regardlng thlS matter
Bl11 Barrett, Member of the Mandalay Beach Club Board of Dlrectors
sender Ema1l
wsbarrett@hotmal1 com
Ma~llng Address
11 San Marco Street #306
Clearwater Beach
Florlda 33767
phone
7274433589
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Wells, Wayne
From
Sent'
To
Cc
Subject
Delk, Michael
Tuesday, November 28,2006528 PM
Horne, William, Akin, Pam
MOrris, WIlliam D , Irwin, Rod, Brumback, Garry, Wells, Wayne
Boat Slips
As a follow up to the earlier emall, the COB appears to be able to grant some vanatlon to the 25% Width to tie pole
encroachment However, there IS some IImltmg cnterla to any such discretion In discussing this Issue we also want to
check County rules to make sure there aren't some additional limiting factors We'll figure that out In the mornIng and
advise In any event, while we may be able to get beyond 25% there may be factors working against the extent of the
docks Into the waterway as suggested by the exhibit
Clearly, the lease document needs to reflect the caveat of review/approval after conSideration of Information which Will only
be know at such time as an application for development approval IS made
Michael Delk, AICP
Planning Director
City of Clearwater, FL
727 -562-4561
myclearwater com
1
Wells, Wayne
From
Sent:
To'
Cc
Subject
Delk, Michael
Tuesday, November 28,2006437 PM
Horne, William, Akin, Pam
Morns, Wilham 0, Irwin, Rod, Brumback, Garry, Wells, Wayne
Boat Slips
J talked to Wayne about this matter and he Indicated to me he has had no diSCUSSions on the Sand Pearl dock matter of
late HIs last Involvement on this Issue was at the bme of the development approval by City Council on January 20,2005
The matter came up this morning dunng a discussion of the downtown boat slips As I suggested this morning, he
beheves the matter must be a Level II (FLD) approval by the COB No application for deveJopment approval has been
made at this time
Regarding the downtown boat slips, he has Indicated FLD approval for variation In dock Width and setbacks may need to
be requested as part of the future appllcatlon We do not anticipate these being unsupportable Issues under flexible
Criteria We understand that the slips are proposed to extend out adjacent to the channel but were not aware of there
bemg an Issue with It comprising an excessive portion of the waterway Width Clearwater Harbor IS substantially greater
Width
Michael Delk, AICP
Planning Director
City of Clearwater, FL
727 -562-4561
myclearwater com
1
"
Page 1 of4
Wells, Wayne
From Wells, Wayne
Sent. Monday, October 16,2006 1039 AM
To 'Hernando Uribe'
Subject. RE Sandpearloutbulldlngs
r
Hernando -
The proposed revIsion to remove a triangular portion of the trex deck so that the deck does not encroach Into the
25-foot easement for street purposes IS acceptable I assume that a reVISion will be submItted for BCP2005-
04438A reflecting thiS change
Wayne
----~Orlgma I Message-----
From: Hernando Unbe [mallto'hunbe@adache com]
sent: Thursday, October 12, 2006 10.51 AM
To: Wells, Wayne
Subject: FW Sandpearloutbulldlngs
Hello Wayne,
Could you please review the changes we made to thiS ZOning comment
Hernando Uribe
adache group architects, inc.
550 South Federal HIghway
Fort Lauderdale, FL 33301 USA
T 954525 8133
F 9547288159
E-mail hunbe(6ladache com
www.adache com
The mformatlOn contamed in thlS emall transm1SSlOn lS
pnvlleged and confidentlal If you are not the tntended reclp1ent,
nor the employee or agent t esponslble for dehvenng it to the
mtended reClplent, you are herby notIfied that any dlssemmatlon
or copymg of thiS transmls Slon (mc1udmg any attachments) IS
st::nct1y prohibIted If you have receIved thIS E-mal1 m error,
please not1fy the sender by emal1 reply
From: Hernando Uribe
sent: Thursday, October 12, 2006 10.31 AM
To: 'wayne.wells@myc1earwater.com'; Corey Evrard
Subject: FW' Sandpearl outbUlldmgs
10/16/2006
Page 2 of 4
Hello Wayne,
Could you please revise the changes we made to this zOning comment
SOUTH BLDG PLAN REVIEW FOR BCP 2005-04438A
ZONING
. 10/05/06 - WW Comments IS stIll applIcable One of the f6110wmg needs to occur pnor to
Issuance ofthc permit, A) remove the trcx deck encrodchmg 111tO the 25-[00t easement for
street purposes, B) obtam a nght-of-way utilization permit fonn the Engmeenng
Department or a waIver of such fTom the Engmeenng Department, or cO vacate a portlOn
of the easement 09/12/06-WW sheet A-I 3 02 ~ New trex deck IS gomg mto the 25-foot
easement for street purposes, Revise to remove the encroachment, provide mformatlOn
from the CIty'S Engmeenng Department that the encroachment WIll be pemlltted or vacate
a portIon 0 [the easement
See attached PDF South Bldg shect 2A-I 3 02A and A-II 02 at Trcx deck
Thank you,
Hernando Uribe
adache group architects, inc.
550 South Federal HIghway
Fort Lauderdale, FL 33301 USA
T 954525 8133
F 9547288159
E-mail hunbe(6)adache com
www.adache.com
The mformatIon contamed m thIS ematl transmissIon IS
privIleged and confidenttal If you are not the mtended reCIpient,
nor the employee or agent responsible for dehvenng It to the
mtended reCIpient, you are herby notified that any dlssemmatIon
or copymg of thiS transmISSIon (mc1udmg any attachments) IS
stnctly prohibited If you have received thiS E-matl m error,
please notIfy the sender by emall reply
From: Hernando Uribe
sent: Wednesday, October 11, 20063'25 PM
To: 'Jeff,Walker@myClearwater,com'
Subject: Sandpearl outbUildings
Hello Jeff,
Before we resubmit the comments we didn't met, could you please revise the changes we made for these
10/1612006
Page 3 of4
comments, we don't want to get rejected agam
NORTH BLOG PLAN REVIEW FOR BCP 2005-044440A
1 Review constructIon type m regards to proximity of the bm1dmg to north property Ime and
east hotel bmldmg Show how extenor walls and openmgs (%) meet reqUirements of
T600 and wmdows 705 1 2 fir fire ratmg North and East wall fire separatIOn distance an
Issue 09/28/2006 T600 openmg limIts exceeded on north wall It appears bUlldmg's north
wall I s less that 3' from the property lme (as per reVIsed A-I 2 03) No opemngs are
allowed Roof crossmg over north property hne IS not allowed Type V Unprotected would
reqUIre 3hr north wall Please reVIse constructIOn type or north wall ratmg, accordmgly
See attached PDF North Bldg plan A-I 203 and sheet A-II 02 showmg property hne
2 Is there an ADA route to the bUIldmg from the hotel? 09/28/2006 Newly submItted sIte
plan IS not clear regardmg the ADA accesslb1e route reachmg around the west facmg
"balcony" to the west eXlt door's 1andmg? ThIS IS the door shown as the eXit on the hfe
safety dwg The route should be a mm 44"wlde
See attached PDF A-II 02 and Life safety plan A-I 202 showmg egress to the south We
move the door at west side to the south
3 New gang bathrooms are not Flonda ADA compliant Requue at least one FL ADA stall
09/28/2006 New bathrooms lIke those shown need to either be an F ADA t011et stall
See for new constructIOn 11.4 22 or for alterations 11-4 1 6 (2)
See attached PDF North B1dg plan A-I 203
SOUTH BLOG PLAN REVIEW FOR BCP 2005-04438A
ZONING
. 10105/06 - WW Comments IS sull apphcab1e One of the followmg needs to occur pnor to
Issuance ofthe penmt, A) remove the trex deck encroachmg mto the 25-foot easement for
street purposes, B) obtam a fIght-of-way utllIzatlOn penmt form the EngmeerIng
Department or a W31vcr of such from the Engmeermg DepaIiment or cO vacate a porl1on
of the easement 09/12/06- WW sheet A~ 1 3 02 - New tre}" deck IS g01l1g mto the 25-[00t
easement for street purposes ReVIse to remove the encroachment, provIde m[offilutlon
from the city's Engmeenng Department that the encroachment wIll be penmtted or vacate
a portton of the easement
See attached PDF South Bldg sheet 2A-l 3 02A and A-I 1 02 at Trex deck
Thank you,
Hernando Uribe
adache group architects! inc.
550 South Federal Highway
Fort Lauderdale, FL 33301 USA
10/16/2 006
.'
Page 4 of 4
T 954 525 8133
1 F 9547288159
E-mail: hunbe(iiladache com
INWW .adacf1e .com
The mformatton contamed m thIs emall transmisSIon IS
pnvlleged and confidentIal If you are not the mtended reclplent,
nor the employee or agent responsIble for dehvenng It to the
mtended recIpient, you are herby not1fied that any dlssemmatIon
or copymg of this trans ffil S Slon (mcludmg any attachments) lS
strICtly prohibited If you have received this E~mall in error,
please notIfy the sender by emall reply
10/16/2006
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Page 1 of3
Wells, Wayne
From.
Sent
To'
Subject
Hernando Uribe [hunbe@adache com}
Thursday, October 12, 20061031 AM
Wells, Wayne, Corey Evrard
FW Sandpearloutbulldlngs
Hello Wayne,
Could you please revise the changes we made to thIs zoning comment
SOUTH SLOG PLAN REVIEW FOR BCP 200S-04438A
ZONING
. 10105/06 - WW Comments IS stdl applicable One of the followmg needs to occur pnor to
Issuance of the permIt, A) rcmove the trex deck encroachmg mto the 25-[00t easement for street
purposes, B) obtam a nght-of'-way utilIzatIon permIt rOlm the Engmeenng Depaltment or a
waiver of such from the Engmeenng Department, or cO vacate a portIon of the easement
09/12/06-WW sheet A-I 302 - New trex deck 15 gomg mto the 25-root easement for street
purposes RevIse to rcmove the encroachment, provIde mrOffilatlOn from the CIty'S Engmeellng
Department that the encroachment wIll be pcnmttcd or vacate a portIOn ofthe casement
See attached PDF South Bldg sheet 2A-l 3 02A and A-I 1 02 at Trex deck
Thank you,
Hernando Uribe
adache group archItects, mc.
550 South Federal Highway
Fort Lauderdale, FL 33301 USA
T 954525 8133
F 9547288159
E-mall.hunbe(Q.Jadache.com
www.adache com
The mformation contamed in thiS emall transmISS10n IS
pnvlleged and confidenttal If you are not the tntended reCIpient,
nor the employee or agent respons1ble for delIvering 1t to the
mtended reC1p1ent, you are herby nottfied that any d1ssemmat1on
or copymg of thIS transm1S Slon (mc1udmg any attachments) is
str1ctly proh1b1ted If you have rece1ved thIS E-mal1m error,
please nottfy the sender by emall reply
From: Hernando Uribe
10/16/2006
Page 2 of3
sent: Wednesday, October 11,20063.25 PM
To: 'Jeff Walker@myClearwater com'
Subject: Sandpearl outbulldmgs
Hello Jeff,
Before we resubmit the comments we didn't met, could you please revise the changes we made for these
comments, we don't want to get rejected again
NORTH SLOG PLAN REVIEW FOR Bep 2005-044440A
1 RevIew constructIon type m regards to proxImIty of the bUlldmg to north property hne and east
hotel bUl1dmg Show how extenor walls and opemngs (%) meet reqUIrements ofT600 and
wmdows 705 I 2 fir fire ratmg North and East wall fire separatIon dIstance an Issue
09/28/2006 T600 opemng hmlts exceeded on north wall It appears bUlldmg's north wallIS less
that 3' from the property hne (as per revIsed A-I 2 03 ) No openmgs are allowed Roo f crossmg
over north property lme IS not allowed Type V Unprotected would reqUIre 3hr north wall
Please reVIse construction type Of north wall ratmg, accordmgly
See attached PDF North B1dg plan A-I 2 03 and sheet A-I I 02 showmg property hne
2 Is there an ADA route to the bUI1dmg from the hotel? 09/28/2006 Newly submitted site plan IS
not clear regardmg the ADA accessIble route reachmg around the west facmg "balcony" to the
west eXIt door's landmg? ThiS IS the door shown as the eXIt on the life safety dwg The route
should be a mill 44"wlde
See attached PDF A-II 02 and LIfe safety plan A-I 202 showmg egress to the south We move
the door at west SIde to the south
3 New gang bathrooms are not Flonda ADA compliant ReqUIre at least one FL ADA stall
09/28/2006 New bathrooms hke those shown need to eIther be an FADA tOIlet stall See for
new constructIon 11-4 22 or for alteratIons 11-4 I 6 (2)
See attached PDF North B1dg plan A-I 203
SOUTH SLOG PLAN REVIEW FOR Bep 2005-04438A
ZONING
. 10/05/06 - WW Comments IS still applicable One of the followmg needs to occur pnor to
Issuance o[the penmt, A) remove the trex deck encroachmg mto the 25-foot easement fm street
purposes, B) obtain a fIght-of-way utIlIzatIon penmt fOlID the Engmeenng Depmtment or a
\valver of such [rom the Engmeenng Department, or cO vacate a portIon of the easement
09/12/06- WW sheet A-I 3 02 - New trex dee k IS gOl ng I nto the 25 ~ foot easem ellt f'Or street
purposes ReVise to remove the encroachment, prOVide mformatlon from the CIty'S EngmcefIng
Department that the encroachmcnt Will bc pcnmttcd or vacate a portIon of the casement
See attached PDF South BIdg sheet 2A-I 3 02A and A-II 02 at Trex deck
Thank you,
10/16/2006
Page 3 of3
Hernando Unbe
adache group architects, inc.
550 South Federal HIghway
Fort Lauderdale, FL 33301 USA
T 954 525 8133
I F 9547288159
E-maIl hunbe@adache com
www.adache.com
The mformatton contatned 1n this emal] transm1SSIon IS
pnvtleged and confidential If you are not the mtended reCipIent,
nor the employee or agent responslble for dehvenng it to the
tntended reclp1ent, you are herby notified that any dlssemmation
or copymg ofth1s transmisSion (mc1udtng any attachments) 1S
stnctly prohibited If you have received th1s E-mail in error,
please notify the sender by emall reply
\
10/16/2006
,
{"
Mfi,ssage
Page 1 of2
Wells, Wayne
From
Sent
To
Cc
Guzman, Jimmy [Jimmy Guzman@pgnmall com]
Monday, August 21 ,2006 1050 AM
Kurtz, Timothy M
QUillen, Michael, RIce, Scott, Bahmck, Glen, Wells, Wayne, Melone, Donald,
rjordan@henselphelps com
RE 500 Mandalay condo project
Subject
Tim,
I will work with the Rick Jordan with Hensel Phelps to develop a plan
Thank you,
Jim Guzman
OH to UG Project Manager
DistributIon Asset Engineering
2166 Palmetto Street
BUildIng B, CW13
Clearwater, FL 33765
Cell 727-235-4401
-~~--Oflgl nal Message-----
From: Timothy Kurtz@myClearwater.com [mallto Timothy Kurtz@myClearwater.com]
Sent: Monday, August 21, 2006 10 25 AM
To: Guzman, Jimmy
Cc: Michael QUlllen@myClearwater com, Scott Rlce@myClearwater com,
Glen.BahnlCk@myClearwater com, Wayne Wells@myClearwater com, Donald Melone@myClearwater com,
l)orda n@henselphelps com
Subject: RE 500 Mandalay condo proJect
Good Morning Jim,
After dIscussing thIs with you this mornIng I spoke with both Engineering and Planning staff, who are
familiar with the Sand Pearl project The two reqUired sWltchgears need to be Installed adjacent to the
project In question We see no reason to shift these facIlitIes north to the Baymont Park location When
the City Implemented the Mandalay Street Streetscape, all of the OH was converted to UG All of the OH
transformers and sWltchgears were relocated wIthin the rtght-of-way In close proximIty to their former aertal
locations While this dId present a challenge to the design of the streetscape, It can be done Please let
me know If you have any additional questIons or need to discuss thIs further
Thanks,
rim Kurtz, ASLA
Semor Landscape ArchItect
City of Clearwater - Public Works AdminIstratIon
100 S Myrtle Ave, #220
Clearwater, FL 337566-5520
Phone (727)562-4737
Fax (727)562-4755
8/21/2006
l
M<;ssage
Page 2 of2
tImothy kurtz@myclearwater com
8/21/2006
-----On 9 I na I M essage-----
From. Guzman, Jimmy [mallto Jimmy Guzman@pgnmall com]
Sent. Fnday, August 18, 20062 42 PM
To: Kurtz, Timothy M
Cc: Rick Jordan
Subject: 500 Mandalay condo proJect
Tim,
I am the Project Manager for Major Oh to UG conversIOns The customer has requested to have our
OH facIlities replaced with UG facilities In front of their project The customer has requested that we
mstall 2 required sWItchgear on the north Side of Rockaway In the City'S park Before I begin
engineering this Job, I would like to make sure the City IS okay with thiS, and will provide the
necessary easements I Will need to have locations for the equipment assocIated with
undergroundlng our facIlities I would anticipate one on each Side of the eXisting bus stop structure
Please let me know your feelings
Please call me If you wish to diSCUSS I would be wlllmg to meet with you and the customer to
resolve
Thank you,
Jim Guzman
OH to UG Project Manager
DIstribution Asset Englneenng
2166 Pal metto Street
Building B, CW13
Clearwater, FL 33765
Cell 727-235-4401
"."
0=, 51)0 Mandalay condo proJect_
Page 1 of2
Wells, Wayne
From
Sent
To
Cc
Subject
Bahnlck, Glen
Friday, August 25,2006228 PM
Kurtz, Timothy M , 'Guzman, Jimmy'
QUillen, Michael, Rice, Scott, Wells, Wayne, Melone, Donald, 'Rick Jordan'
RE 500 Mandalay condo project
I concur Thanks Tim
-----Onglnal Message---n
From: Kurtz, TImothy M.
Sent: Monday, August 21, 2006 10 25 AM
To: 'Guzman, JImmy'
Cc: QUillen, MIchael, Rice, Scott, Bahnlck, Glen, Wells, Wayne; Melone, Donald, RIck Jordan
Subject: RE. 500 Mandalay condo proJect
Good Morning Jim,
After discussing this with you thIs morning I spoke wIth both Englneenng and Planning staff, who are
familiar with the Sand Pearl project The two required sWltchgears need to be Installed adjacent to the
project In question We see no reason to shift these facIlities north to the Baymont Park location When
the CIty Implemented the Mandalay Street Streetscape, all of the OH was converted to UG All of the OH
transformers and sWltchgears were relocated within the nght-of-way In close proxImIty to theIr former aenal
locations WhIle this did present a challenge to the deSign of the streetscape. It can be done Please let
me know If you have any addlttonal questions or need to diSCUSS this further
Thanks.
TIm Kurtz, ASLA
Semor Landscape Architect
CIty of Clearwater ~ PublIC Works Administration
100 S Myrtle Ave, #220
Clearwater, FL 337566-5520
Phone (727)562-4737
Fax (727)562-4755
timothy kurtz@myclearwater com
-----Onglnal Message-nn
From: Guzman, Jimmy [mallto Jimmy Guzman@pgnmall.com]
Sent: Fnday, August 18, 20062 42 PM
To: Kurtz, Timothy M
Cc: Rick Jordan
Subject: 500 Mandalay condo proJect
Tim,
I am the Project Manager for Major Oh to UG converSions The customer has requested to have our
OH facIlities replaced with UG facIlitIes In front of theIr project The customer has requested that we
Install 2 reqUired sWitchgear on the north side of Rockaway In the CIty's park Before I begin
englneenng this Job, I would like to make sure the City IS okay with this. and will provide the
necessary easements I will need to have locatIons for the equipment assoCiated with
undergroundlng our faCIlities I would anticipate one on each side of the eXisting bus stop structure
Please let me know your feelings
8/25/2006
...
stJO Mandalay condo project
Page 2 of2
Please call me If you wish to discuss I would be willing to meet With you and the customer to
resolve
Thank you,
Jim Guzman
OH to UG Project Manager
Dlstnbutlon Asset Englneenng
2166 Palmetto Street
BUilding B, CW13
Clearwater, FL 33765
Cell 727-235-4401
8/2512006
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J HI:J COV!: HM\jT r)F UNI!'=I ED USE (lht' "Aureement") I~i executed thIS 21 ~l day of .June,
20U'; (ille "L fr~~ct!ve D,ltu") lJY THr: S^NDPF AI1I I ~ESORT, LLC, cll=lorlda 1IIIllted liability company
ami THr:: Hr:Dlf1LNCE~) AT S^t-.IUPCARL m::~()R f, LLC, :<1 Flonda Ilnltterl lIahihty r;umpany
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WHEn E:.J\ ......, Owner IS 1 )18 owns! of the r,pal pI uperty legally descfI bed on Exhl bit A attael18d
hE;loln .<ltld in(~orprlrMterllle(('11l /)\, referf'lllce (the "Property"), and
WI-H:::FH::/\~::, Ownf'r and the city of ClearwdtElr (the "City") are pml1es to tl18t certain
DE'\lBlorl1 rlf^l1t Aqa'cltl ~nt dalr:::r! .10:11'11 J,~ ry 2rJ, 200[i, (the "n1weloprnent Agreement") pUJ surmt to
wlllch the (~Ity 11f1~J .1fjreetJ It mt Owner n1ny develop and construt.t upon 1lle Pr 0 pOlty <.1 multi-use
rrnlE~c;1 r:orml:::.tlnq of not luss tlmn 240 i1nd r!Of nlOID th,m 260 hotel unIts (InclurJm[J condomlflJwn
holellll His), Ill..! 1110m than 120 rS"lidentla! GOndUrnllllUlTluntts aml not more tharJ 11,000 square feet
u r rBldll SpEict" and a mOlll nurn of 4 J I p~H krno spares ;~ II as n lorC particularly uescnbpd In the
DC'vclnprll ~Jflt Agry:, NrH;' I 11 , nnd
\Nl-lEREAS, Ownl:!r ha::i ,Jgreed lhnt the Ploperty Sl1811 be developed and operated far a
unlfil'od II ".f', a:;~ n lOll-} pnJ f leI Jlnl!y descrlberJ hert>lnbelow
t,J(JVV fHE m-rnm:, III conslclerr>\lnn ofthp sum ofTen Dollars ($10 00) ~md other good ~mj
\mludLllp wl1slLleratlon, the IOLf-lpl nmJ suttlclency ofwlw:h <'tre hel eby ii:'lc.l\JlOwtedgecJ, Owner doE'S
) t{~njby (ll~r('p lh2l11l18 Properly nl1illl bl'; developE'c.1 fit Icl operatGd 3S a Uf IIflE'd n1lxeej-use pmJec;t SUc.ll
tl13t the C(ll11pllm!ll!L~ stlnlll18\!fl r.ertalll 5111-111;;11 pi:trklllfJ faCllltle[~ ('IS ~rlDwn on the approved bIte plrm
1 tll~ rostll c! lonf.l ~,f?t 11)1 III III the prer:etlln~l senler Ice 511all SUJ"'\IIVfl fOJ a period of twent y (20) years
1) on I tIlE:' E! r (~c1Ii1f~ ! Jt>!ht or t!m, AU! eemel It N 01<\ llT1g m U liD AfJre~ment strall Pl eclude tllO pLJI chase
,cmt! ~.f1!u 0 r 1I )(J r t,t':lcb 111;:IllInI1~ anf] cnnUDll 111lidr l\ 110((,)1 Wilts and ail ottler components of Ihe rTllxctJ
W,;(" pr( l)t;c\ (Of1!S II \ IGtCrl upon the I'ropel ty tG sepal ::lIe, unreliltRd Hili d~party owners, ')0 long as 811
con JfXlfjP-1 Jj~ of llll~ pr (lWei Al e opemled With fhi? sh:ared parl<tnu f JCllltles throuUhou[ thp.lerm of trw;
A[J reerncn1. OWl wr mp Pt"'1i th~t tIle City CJhBIl h';WE the nD jlt to 0nforce the terms 'tllld conrhtrons 0 F
tillS ^(jm{~J flerll
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effpclfvro I \w day ,1) Id ypt1r flist f1\)ove Written
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,~ Flondn: Ilfmleclllabllily company
Dy CBH Cornmunltles I, Ltd ,
a FlOrida limited partnersfllp,
lV10lnaqlng Member
Oy JMC COrnmUl1lt1es, ot Clearw.3ter V, Inc
:,Ro't ;o,:,,~, General Partne,
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Th E' rOH~ [Iojnq I riB trLJme 11 t \rV as G r:kn owl e cl g eel b efor erne t hi S 2. 1st (jay of J u n e, 2005 by J
Nhchfml CIW3eZ("'lrn, as CEO of .JMC Cornmunl\los ul Clearw~ter V r \ IlC , a F-IOllCla corporation, tile
C3 I;.me I 111 Partnel of r;Bf1 Commllflll\l)C, I, Ltd , .1 't-IDnda 111 nlted partnership, the Mo/IagJng Membf~ruf
THE BAN Df lEAf{L f~ESORT, LLC, r1 FIOl Ida IIrnlled lIC'lblllty ('Dm pany, wh [) IS r1l'~e'sonally known tu
Ii 1(' Of LI haG pi odllcetl d f- Janda dJlver's' Ilcem,(-' or 0 as
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COUNTY OF PINI:I U\~1
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THE: HESIO[NCES AT SANrJPEAr~L I~ES()HT,
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<'I Florld8 IUnlted partnership,
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By JMe Communi lies or Cle~IIW(]t8f VI, Inc
.1 Florl(a o~ro;a~1hr Gnncml IJartner
By _~ - J:fJfL~c~
Nome Icl18S1 Cheezem
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TIll' fm 0( )11lt11] Irtsl mment We)':; acl<nowledge( I bafon- me this 2 !!,il day at June, 2005, by J
Mlclle1el Cl1eE'/t~n1, as GEO I)f JMC (,urnrnumfles of ClearwooJter VI, 1m:: , a Flonda corpomtlon, fhe
(,enel ,:II PQI!I H~r of C A 1'\ COI nn lUnlllp.'3 II \ Ud , ,1 Florida IIrm\orl pm1nel ~hlp. tIle fv1arlaging Mornber of
fHE Rt:SjDENCI~S J\T SM'JDPEI\RL RI:::SOHT, LLC, d nonda !Jnllled lIability compclrlY, whQ IS ~
pUI &01 l<lllv kllfllNfl \(1 !liP llr 0 11 elS i produced a FIOl ido driver's license or 0
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j l~flll:::\'Jb mJ{.I 0',11 ~\ iHtlJ ftr n tlf Dj1.t~l1 Oo.'='tIIMIIU\U [" R f" 0 o'f" fI nm oj Ut\lfttltl LJlr~ 1J.;,l~
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SOU1II III ()CI(
Lot<, 1 ~ 1 d <lllfl .trJ 'lrl, I ~1l?IIVhllf'r ['lew t I Il;:lrl\, .18 POI pl<'l[ tllercoll E>cordr>d In Plclt Goof.. I 0, r-'~lqo 42, ot tIll'
hl!Jilc I1H;l)rfh; ot f Jli1eHas C UUllty. I-Iof]( Id
L01s 113 thrrmfll1 <In, I nl'. l1'i tlltouqh 71, ;-lIld thl~ South 1,1 1b fer>t of 1_01 04, CLEN {W^TI:R [J[/\CH PM-{K.
i"Jb rr..cnrrJerJ In f JLn no,dl 10 1';1[11::: 11 1, oj lh(' I'uhlw f ~f'('()! lis Df Plnellas CDunly, 1=lomla
tlOI~ III flU H;tC
IJN<U I "
THAT P fin 1 or ! HI\( ~ I J\ ()F ^ m::-SllDDIVI SI ON or- E3LOCf< 10 AND 1 I, AND LOTS 2 TO 115,
INe! W~lvr-, Lit nCI\ I), Clr: 1111;;: nt-VISl:D MAIJ or- CLEARWATI':::R [lEACH, AS m::'CORDE"D IN PLAT
/ I lOOK I fl, r1AGE 00, OF nil=- I'UlJUC nl:corms OF IJII\Jf::LLAi3 COUN ry, FLORILJA, Ul:::SCRIBF.:rJ AS
f Ol L(lV\lS
LIf::OIN AT 'l f II:: :)(i!1TIII~/\,t) T r;OHnER OF 'Illr:: SAI n TRACT )\ AS SH OWN AS 3 GO ACfI ES, 10 1J-IF
IJUINT OF \lH;!j\JtJlt~G, HI]f\J{J 1\ I"JOIN T A-I rHE INTF]\SECTIOI\) O~ -r fiE NOHTIIllNE OF I3AYMONT
STRi=r: 1./\:--; 5/\H) flAYMr)trr STnEl: r IS SHOWN ON SAID RE:MSUR[)IVJSIOhl OF BLOCI<S \0 AND 11
^t\lD LUT:, ;( TO 1'" INel USIVr:, 13LOGI< tJ or" lllE RL~VISEn Mfl.P OF CLr~RWAI FR BF^CH, WITH
THF VV[~:", f I";;['(L Y UI,]F OF lVlANUAI..J\ Y ROAD, AN[lI"\UN TIIESE N 20045'00" E, 182 2:~ FE::ET, THENCE N
() 10 '14'00" t:, i 10 !! I [- f ~ r TO THE (;E~n ERLI NIl:: OF AMFJ LEH Sl ru:ET, S^ID AMBLER STHEEl IS
SIIOWI'J AhlO on 111 'ATED A:; A PIIIlUC Sll\EET 1[\1 TIlE REVISED MAr OF CLEAnWA-r r:R BEACH, AS
!lbC'OlmEn J~j 111}\ r [1r)DK /1, PAnE b, OFTHE:PUl1LlC RECOHDS or- PINr:LLf\S rout-JTY, FLORIDA,
T Ill::'=NCF WI~[rr Al UN! J II-Il: CEI\nT HUI\IE OF 8/110 AMDl En. ::.;TREET 42000 FEET, MOllE OR LESS,
TO rHl: \I\I^TEH OF rHE ClIl F OF MF)(ICO, l~If:NCE If\! A SOIIlHf::RLY DIRECTION ON A
MEM>JIJr:RlhIG l H'~r AlONG THE W^ rER8 OF -j HI:: GULF OF IVIEXICO, 321 00 FEI':T, MOHE or{ LESS,
TO rl-j F~ C.~_N'r F: HI j NE: OF SAln OA iM ONl STREf.-J] 1 HE- NC E. EAS r 305 00 FEET, MORE OR LESS.
ALOI\Jn SJ\ln C E N rEH I INF or: f1^ YM!O NT ~n l\t:E r TO ^ 1'>01 NT 40 00 FEET SOUTH OF THE POINT OF
F1FC1NfoJINl" n IENCl~ I'lorn 114[1 nIT' FEET TO r1-IE rOIl'-lT or I)EGINNING
PN~CI:L 2
THE 1\1 DHTJ I 20 (1(1 j- F-r: r CJF V ACJ\TEO Nv1DLI::R S rREET L YIN G WEST OF TH E EAST UN E 0 F LOT D,
IlI~O')FCnJ) HOl! n lAG 81 j()WI\I ON 1 HE Pl AllOr: MILLEI~'S I {Ef-'L^T, AS ru:corwr-o IN PlAT BOOI(
2/), PAr W: It, 01- J !-I1C" r'lJRLlC I{[ corms OF PIlI.!EII.AS COUNTY, Fl onlDA
PN~rr"1 :1
l or 1 J\f'm 'I n I\N U 11 1I_ ~;Ol n lll.m au r~r:f:T OF un f) 0 F IVlIUJ.::.H'S f1EI'lA T, AS Rccor nr:D I hll~LJ\T
n DOl< :,JO, H\(;/,:: Ii, (JF 1 HE I 'lJr1 ur, n ECOf\DS or: PII\JELLAU cu I)t~TY, FI 0 r-<I ll^
IXt;S 1\/110 FXCJ-:Jl r HILI I r OF WN( ran DAYMONT GTREEl DEDICATl?D TO GITY OF:
C'LEM~WAI En. ON PlJi f OF- SN\JU(ll.j\r~L, ^ ,c)UBD'Vt~nON, Rr~COrW[n lI\l PLAT LJOUl<. 1?9, PaUE!
BD or Till" P Uf31IC~ pr-r:.Jn n.s (ll~ I 'IN Fl_I_AE, CO! IN fY, 1- L(JI~ltJl\
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F-1IF\\I~l1mlrm[U'1lr-Cfj']\t..al' rr/iC~IU~j {)UC~I"lI!'rllfil1f)f"F1l mmrrllll IJI UfU/'rd UI}IJ no..
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c; f(:'.'tmp fl., Sell el H It-;I
IJO I Sixth AVelllH~ W, ~3111te tJOD
Umd(mtnn r:londd a4~Ob
1([-(1 BlIB!(E, GU~HK OF COIJR r
PINEl LAr, L;OUN fV FLomDA
n~:,-r# 20!)52U5'iB OG/221Z(]05 [11 U4 112 .'M
on- FlEe El\(" 14100 PG' 17(;.179
pf>,rypl' WiT nEGor~DiNG ~4A. o{)
Cmmmmts ReUilIdinu lIurru~:mp'Wa.tcl1 Closure an(lUse ~es{lictio{J5
Di:CI i\fU\T10N or coVtl'JANTS AND m=S1 nICT]ON$
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TI-HS DECLAf~^TION 01- COVENANTS AND f{ESTRICTIONS I\, lnddc <:15 otthp 21~ldQY or
,J line, 20CJ5, by fHI:. GAN l1PEJ\RL RFSon r, L Le, a Flonda Ilrnltccl 118blhly comrany
C [)EVELOPFJ~" I
OEVELDPLR I~, thp ownel offp.8 SImple tlUe to a.1I ot the real proj:mrty d~scllhed In Exhibit "A"
flttacJlDd flerMo ami n lac1~ f1 part I Jereof (l'1CrelndHer HIE:' "Heal Property") The City of Clearwaler tl~-lS
alTlenderJ Its COlllprelll'lf1SIVe Plan to cJe8illnate ClealWater Deach riS a Community Redevelopnlent
Dlstl let r\ Ir511.:\I1t t(J tllt~ f)inellm, Calmty Plall n Itl [1 Cuuncll l1ules If \ orderto Irnplement the pI OVIS!Ons
of Beadl J)l' De <;If}rJ , d f1rellrnlfldry desltln for thE" revitalization of Clearwoter Beac!1
I he flt:'sl~lllE1lJnn uf Clealwtiler Beach m.:; rt Commulllty Redeveforment Di<:;tnr.t l;rovldc~5 lor
tl18 all\') G:)I)o n of hnr] Ut, 110 it! I utIlI s as 1:111 j rt r..,(3 ntlME for the deveJ 0 p me of of d pst Inatlon qu nllty res art s
wIth d tuB eomplumenl uf resort tlInenltles Puisuant [0 the cJe~lgnallon of Clearwaler Beach as u
Comfllulllty l~{'development l)lstnct, 1l1e allocation of bon llS hotel unlt~ I!S sUbJf:!ct to compliance wIth
a senes nF perfOlI1l8nl,A.:l ~t,,1nd mdr., mcludmg a requirement that resorts developed with bonus hntE'1
lHllts pun,uf'inl to 11'10 Comrnllmty I~edeveloprnent DIf>tnGt shall bp closed and all guests evacuated
fl om the rp'~D1l Wit t \In twelve (12) houm fl rter lhe Natlor 1131 HUI ncane Center posts a hurricane watch
thnt InC'ludl:;~, Cleurw;qter Beach Tile purpo~e of the evacuatIOn of the Real Property withIn twelve
( ! 2) I1lJUI S ot I he l[;'ill~irlC'f~ OUI hUll ic<:in8 waldl 1'0 to ensure tilat the Real Property is evar.uat...d In
ddvam:e (If tile pLHlod of tlllle WIIGIl a llulllcan'e evacuation would be expected III advance of the
nppronr;h l)f hUrl It aile> force WIJ1c1.s
fho Crty or Clodrwclh",r h;)~ ura11ted, by City COllncil Resolution D:i 04, passed and apnrovpc!
(In JarHJrJJ~/ :10, ~)!1rns) DEVEL()fY.R'G a.ppl(l~ali'orllor;:1n "illocafion of bon liS hC1lel Units pursuant to
tilE' prOWSlOIl':O 01 U Ie (]usilJnntloll of Clparwdter O[~ar;h as il!. Community Redevelopn lent District
sl!bJect to (,olllph<lIIGB Wlt/'l the lequlrernentb of the de:':lqnatlof] of CleaTW8.ter 13f!\'Ich 85 a
Cornn 1\ 11llty l~el Jev{-;]opm ant [llstlll~l DEVELU1~ER desires for Itself and Its successors and assl~jns,
<1~~ oWIlr:rs Iu C'bl.-,bIISll c8rtdln lights, duties, obllGstlons and responslblhtles With respeGtto thf> use
rind oper alion uf i he r; lo:al Property lrl Hccordance with the terms and condItions of the t3l1ocatlon of
[/oIlUS h01,;;"1 unl!:, tLl Cli;!8!wRter (Hl( I IIle de~igqatlon of Clearwater 8each ~s a Community
f {erJl='v(..,lur,rnent UI<,tncf. whir:1l r[l~Ir:'J 1 dlltlCS, obllrwllons anej responSlblhtles st lall tw blndrng on Flny
rlrld (111 tilJf C8srJDt c, Gt ld Ar5BI{~Il<:; Pinel \iviil nm WI111 !lIe llUe to t~le Real Property
-1-11rJ~Er ( )f {C, III cn! 1', I! ferallnll of tilE::: cnVE'IlRnt~, ;:J.nd rf'l<;;fnrtlon-s he1811l se1 forth onrllo Ill'
OIJSellff'(! ill!( j ped on M'd, :j["](j III fllllllpr c..onbldl'''mtion of the iJllocatlnn of bonu s resort llnlt s tn
llEVELOf"I::R, illKI (11I1el good tlnd Vi'lJurlb!e 1\'ollslderatlon, the sufficlf'ncy ot wl1lrh If; herehy
Fl(,kn(}w\elJrJ~( I, ur-VFL ore'Er': lier~~by declJr-es, cr)van,lIlts and dgm[>s as follows
r~ 'HJE' I
f jj1II,......;'1hIIH~}.J:IoiI.,ulLIU....~:r t~f1WlljfjL! [)Of:J.ltlll::;fll..VH"'n. t h.h'l'Umr: Will[ II Pt".lj 111~1JJn IJI.I1"
o ') / j ;\ / i n f) Li 11\ 1 fl {'\;i. I 'I 'I j J d <I r, '
j
fl;'l](1 ')
(d'0[~1l C' Il ',( ])('1'11101'
I7Jl 009
HI ~llEE.t!tXUJSt ~ nf~lr9r2lOJ?nl -) he;;c covrmants and re~trlct!On$ ure made to! tilt; benelll
ollJf:V[ LOI'En [mil Its 8lJCceS~\Oni and aflSI\Jn~T and shall be enforeeahle by It and
;'11 ~o tlll 1110 iJEIlf-':/ll of 11,(: rf~b!lJents of tile City ot CI0arwa t01, FloncJ~, and ~lh~1I be
f- r II rlrce:o:ihle on !)~;l \['J If of thf1 S~~lcJ Jc~ldent~ by the CIty Couner! of the CIty of
ell: mV\latr:r
:) ~:~lYS!! 1 ~ll t!" n I JjE;~'LlJ lQ1Hll S' uLJJE..~,-g net 0 pe !:t"l~Q1l 0 EVE LO P E I"Z t 18 r eby ['()v enl] nts
i:1W] .1IJ!!Jj)5 tn lile dCVl~lopment, \ IflC, ;) nd o pCl atlon of tile Real fJ ror~rty In
01 rnrdan(;l~ wIth the pmv/~~i{J' jS of thls ner;;larotJon
:I! lJJHL 1 f Ie IISE' of llle recort 011 the RE'allJlupefty t~ restncted at, follows
2 1 1 ^ minimum of lwo hundred (200) units stJall he rnmie HVdl18blp tn
trdrlS1Pnt ~Jl1ests 1tJI no fewer Ulan three tJLJndr('u U1II ty (:DO) days 111
n n y (,<II (>t)(.l a r ye.l r, IS 1I b J ~ct to forcE' 111 a ]6Ufe eve n I s rn a kl n g such
rOOIn Ilmlvallal1.do for uccLlpancy, must bp licensed as a publIc
Ind[_W1~J pstl'lbhshrnent and l!ds5lned as a hotel, Dnd ITIu::,t lJe
operated by [I smgll" Ircen'Ped operatol of tile hotel who shall meet
the rf.>CllJlremen~s as to operating standards 8S set forth III Exfllblt 8-1
to Development Agreement between the CIty of Clearwalsl and
Developel d8ted ,J21nlldry 26, 2005
2 1 iJ AU other 110tel l1f\lt5 shall be licensed as a public lodgmg
esll'lull&f1rnent, classIfied (:IS a hotpl 01 resort condollllnlurn with
oc:cllpancy I1rmted to stays of thirty (30) days 01 less
2 1:-'1 No hOlelunJt &tlall be used os a pnmary 01 nerm,'lnent leslc1ellce
2 I ,) 1\8 u~eu l1erelq, the i 81 rl1S "lranSIE'nt occupancy," "public lotiWfl[J
eBtoIJlIshment," "hotel," "resort r.ondomllllllnl," ~mcJ "oper",,)to( slmll
h,J\lf' the mearjlngs DIven lo 8urh terms In Charter 509, P<1rt I,
FI(jnd,~ 8t8 tJ lies (2004)
:? ~t C,kSJllre [)flmproY~[Ilents (lmLEvrlum.UQ[L The ImpfOVE.'ments dew}lopl:!(j on
11 If' H i?FJI rrnpOI ty <.>hall bu pI ornplly closed upon thi" I~S U;:lnce of .a hurricane
wt:ltr.h !!y the N allonal 'H urm.l.lnc Center wtllch hllrrlC8ne watcl1 Includes
CIr~aIV\;'1ter neoLll <.lnej 811 que~,t;;, wollars, 21ml emrloyees, other than
, '
eHJI;'rg~ncy and !J8Cllrf ty per;;olllll'l roqLllfed to protect ttle irnprovernent~,
',l)clfl be ("'vi"JcuatNJ from till) R081 Property wllhm twelve ( 12) j 10\ If": of the
If,SH.l1Ile of Sr1HJ hlJrrk:<'lne watch In the f.;lvent that tile Natlon;:]1 Hurricane
('elller ;,1)<111 modify the tl?rl11lnolo~N employed to warn of tht=> npPloach of
hun ican8 force wlml~, tile closure and evacuation pro VI ':>Ions of thIS
f),~~d;11 a110n sh<:11I be g(1v(;lrrled by th e Ipvel of wmnlng employeel by tile
r~l1tlon81 hI m refine Center Wlllch pI DcedE's the !5SLlRnce of 8 tOl ecast of
pi Ob,llile Inndf"llIm ordt?r tn cno:ul e thr.ot tile gU8Sts, VISltOIS, c-md Nnp!oyel:o'S
'Nllllie cVi'lcllalf'cJ Subbt::ll1tlally In mlvLlnGC of th8 Iso:;unl1Ce of ~) forecast 01
proh!..1b!~ lr:mtlf::111
r~mL '15 um:Sp111l11\:",tIJ1.\l ~v r~t1c::onl(\liJ D~'CIHntlIIL'Il)( n J-j.ml(lJjllt WA.~n D!~~JtJ~llnr ~Illl;:;
n :' / 1 1)/ ;' 0 () 6 I G j [I J' '\.x I n J j 'j 11 ! r
r:l'ePlJ0 P ',cll 81"11('t'
liIlO j 0
:1 Ul~k!!v.t,_ C2,11t.. 111 i..... ! lecla 18tll..111 shAll bC'CCH Ill! ef fectlve Immecliately upon Its
rw (lflllllf)
.~ _lIlIV['f llUHl ),0.\11- r his neda~8tlon shall hlJ rnnostnmd In accordance with und
gl lvr-nned by tile lolWS of I he Sl'r,tc:. Df f-IorldR.
h FIJ=-~Q.l[l![l!J. TIll', lJi.~claratl(lr1 's Ilall he recorrJpd III fhe chain of idle of thl': nf:al
PI fJperfy with Jlle r:li~rk nr lhp. CDllrts of Plm~II3.'" County, Flonda
h Nt01J1t:YqJ:~m~L DEVL:LOPEll. 511nll rf'lmburse the City of Clearwater tor any
e~ p811::.es, mr..l udlng ;;:Ittorneys fees, whlell ~I e Incurred by t~18 City of Clearwater Ifl
fll'-; t~Vt 'lIt II !lilt f 11U C tly (lute! rTlln'es tll<-It It IS necessary and appropnate to seekJudlcl@!
C[\i(Jf( nrnnnt of these Declarations and tIle Cjty obtains relief, wbettler by agreement
of !lIE! P.;ll!IPB (JI through or-der :oF the Coult
)
7
';;;t N~m!lll!JY_ jf any nrOV!810nS, 01 pm t thereof, of tillS Decl[lratJon or the Appllccllfon of
HUG Dedarotlol \ to 811Y persnn or (.!rcumb tance will be or I':' dCd,.u-etl to any extent 10
Uf' Iflv~)lld 01 unf"nfO! cf"al ))0, tile rern;:lInc!er of thiS Declamtmn, Dr lhe applIcation of
sur 11 pI OVI~,IDll [1/ (l01 tlon thereof to any pen,on or ell Gums lance, shall not be af((;>cled
tI h1n,'by, and edctl nnd every citller rrOVl51on of Ih15 Decl<'lratlon shall be valid nnd
ertfl1lC(~~lble to thD Fullest exlerit pemlitted by law
HAlANCf: OF PAGE IN:rENTIONALLY LEFT BlAW(
!jIG NATll REI PAG1:: FOLLOWS
rHejP 3
r lll..-_lS[jIlllptllrl\L..rln1,l Iff.At omr1cjj Il[Jj:~urMJlI lJ:1r fl Hurrlr::lfltl WlfW/1 Oluc..108'1~.;;I (It)
(12/1 ell /2 n Ill) II' I 1, I \ /. I \1,11 r Ij 'f['
C.l'eCMO I~ ',Ch('J'lllel
liZI (1 I I
11\1 \IV I I NI:,c,n Will:[ <EOFj Tl-Il- SANr)~IL:ArH n.1::::nOr~T. LLC, h<ls cau~Dd tlm. Daclar attur] 01
l ~ nVfmm \1 r~ ;lll rI 1Il'sl rId Inll~:: 11) b~l ().Y,HGI ltc.rJ tl'lle. 2 j ~\ day of J lJne, 200S
lllqm?d ,1f1\ I 'Sf": <l If d rluJI\/prf'( I
In thp plF ~,(!Il (,f' 01
~~J
( \ (Ty ~~, " - ~ - -- ,.__
--\)-- - -)"j(1') I'H11mrl1;-n (U11mlC- --- - -----
/;7 / / ,/~> ~ /$!t~fl
'" ..c .' , ,-::"f~ ~ ,..
.f'( ,r;'Ji-/?7."".,/' /)','(--r - - /
----~- - ~- '::1} ~__--.....- ~ r .- _ __~~~___ ~/_~~_~~_~__
)(;1<. f6 1"'1 t: ..>')f{,:..f J:;/v'
/
n r^ n:.:. (if- ~ LOHll)1\
C()1J1'J ry or- PlhlFI LN;
TilE SANDPF-Af1L nI:sorn, II C,
o nonc]8 limited 113blllty cornpGmy
Ily ('[In. Communities I, Ltd ,
tJ !:Iollcla Ilmlteu partnership,
Mana9lng Member
Oy ,JMC Commuf1llle~ of Clearwatel Vine
/i r
i1 Flopda orp~r ~on ~ (Jener;:J.l P 8.rtner
r1y \ 0J'~-
NClme ~ Mlch~el Cheezern
Tille 'EO
rho forP,(J()m~llnslrllrnent was t:1clmowledged barore me tills 21~' !Jay of June, 2005, by ,I
MIGhdl~1 CII(;Gzem, ElS CEO uf ,JMC Cormnunlllr~~.; of Clearwalt;r V, Inc , a FJolllla corporation, the
Geilel <-II P~I rlrl (")r ('if cun Corm 11 ur lItll~5 I r Ud , ai Flondri IlrnitflCl rmtnership, the Mi'!f.1aglnr~ MF.mber of
It 1[: SANDfJ[:^m HFSUI-{ I , LLr., el f-Iomla Irr1llterllJRbrllty company, who IS [~ersom1.!Iy known to
mo or IJ II:;]~:; IlrodllCetl .<1 r-tond<'1 drIver's llcen"lf" or 0 ________ as
1l1enllficdl Ion
\\\\ \ llllll! / /1/11
".\' 1\1 r Gp III
.':C; 0\ \ ) it;r 1,;.:
.:t.-o.. C::)'J r "t- .1-401110... ilk ;./
,~ 'I.~ ""]\I.\!o510N ~:.. (" 1>""
\~ /c.l1 ~,..~ (.(!.-"~ 1;
.::....... ~u...:..... J ......\.... j:,. i;.b, ...{t~"'i r;:..
~ : ~ ~ (}l ~ ::.
~*: J]l'-n__~ :-:1:?
:i' "".., ~ 11m) mw~ .: 2'i s;-
..-.;....r...,Iii. rj _,,:fJ 1l1~"""'~
': ~.;..>' '. '~'jy'~J"dB'I\\l'\","(~.. C\ i'
":' i~'...'iMolJL,"'...~<.:"',.;:.
,,~ 1'J,........Q( ,-,,-
I,~, ,I{ I( ,t I ~\r \.'>
1/llltlf~ :lfll'~\ L\'\'
P,"IJf! 4
~
NOTARY I.lUl'lLlC
Pnntecl Name-
Comrnls~lon No ___
My ClJrmnl:3SIOn expires
-----..........._-~--
r \lrlH"1~:Ji'lIJr elJtl'r)lt1'.CrLl'H!J( IllWllj O-tll.lwwuJ.,l(JOI J lImlr t'lttl Wnlrl1 m~:c:l~j Un.. Ilnrl
n ;> II ). /2 n (I h ll~ l,' J <L\ 1 \1 ,j ! { 17 (, '
GI"j8110 t, q.- IIG) 11101'
1~1 f) 12
r:xl lIE1) r ")\"
~iotrnl HI OCf(
I at', I 1:1 ,'lIld II 0 [)n, CleiJI w8ter [leach P~'\II\, as pr,r pi;:; 1 therNJf I eUHCled liT Plat Oooll' 10, [->tlljC' '12, {)f lh~
J1IJbk 1~~'I'{lfllb oj PmpIJ,)', l:punly, Hl1I\\h'1
l.ob 'l,~ till (IW111 4n, ! ols [i') ttlrol uJh 71, onrlllle SUlllh 14 7b teet of Lot 64, CLEAf{VVATEH Ot:/\CH PAHI<,
dS I PI 01 rlf'rlrrl 1 'Inl 11m ,L 1 fI, lli1gt> <1:), Df II Te PublTC r..{sc 01 d" of Pll1pllils County, FlomJ[l
Horo H BLOGi(
11N\'(,I::L I
111/\1 PAI{I or..: lHACl A DF ^ lIE-SUBDIVISION Of~ [1LOC\\ 10 AND 1'1, AND LOTG 21015,
INCI UGIVI I nLOCI< D, (IF TIIF:: nEV1~;ED Iv1AP 'Or: CU~AF=<W^TER REACll, AS H~CORDED IN ['LI\ 1
) [1001< P" 11N;,E !lh, ul- 'I flr: PW1UC RECOfms OF rlNELLAS COUf\IT'Y, I-UJF<IDA, DESCH][lED A1;
I-UUJ J\Ar>
nr:c;1 j\j A 1 11-1 F ,,::;uU III f~A;.J-1 ( OI'~~~E! ~ 01:: n I E Sf\1 D Tr-:ACT A. Af; SHOWN 1\3 3 58 Acru:s, TO TH I?
POIr~-1 rw nl~Glr\II'IIl\l(;, lJl..:II'JG /\ I JOltl!T AT [liE INTEr{SEClION OF THE NOHTH LINE OF f:lAYM01'n
bTR[F7:"r , l\~; SAil 1 OA YMO!\l r ~)l nr E r IB SllOWN () f'J SA1D Rr~-su nDJVIS IO~j 0 F ULOCKS 10 AND 11
J\ND L tj"! S:'; 1"0 I b, I Nt:ll J ~IIVE. ~lLOC I, cJ OF ll-lE HEVIS ED MAr OF CLEAHW A 1 ER BEACH, WITH
Tf ll: WFSTERLY llNI: or MAI\IDALAY fWAn, NJrJ nUN "I HESE 1\1 ZOn 45'UQ" E, 182. 23 FE:!:: I, l/IENCE N
[))" Ilil'On" l , 11061 FF1: r TO n-II': CE~lrEI{LiNE or Nv1l3LER STREEI, SAID AM8LER STI\EET IS
S\IOWN A~J I) n I::DI(-::^ I ED AS J\ PI mLlc ::ITr\ I:E r I N THE HEVISED MAP OF ClEAI\WATEF{ I3E1\CH, N~
r~n::-Ol WI:I] IN PU.. 1 nOOI\ 11, I)!\UI: :i, 01: ll-ll::' PUBUC F\:FcorW'] OF PlNl::LLAS COUN ry, FL01~IDA,
TIIEt\ICE VVI::ST jI,LONL; rr II- eE11J n.::nUN1:: 0[- SAID AMrjLER STHEET 42000 FEET, MOHE OJ? LESS,
TO n w W/\~l [Ii. (1[:: THE' OUl r OF Mf:.XICO, THENCE IN A SOU1HERLY DlHEC l!ON ON A
MEANDr:-r HW:; LI i'1!" AI_ONC; THE w/\ rF-HS OF l! 1l::: C:1 ULF U I- MEXICO, 321 00 FEET, MOR E OR LESS,
TO Till:. Cf III rell UN r.: or S^I fJ riA YM( JNT r-lTr<FET, n IEI\j cr: E'Ab T :J(J5 00 FEET, IVIORE OR LESS,
f\LONt-) SA~n C' [-I-! rr:n u 1~1:: OF rJA YM (J I~-I STRECT 1 0 ^ POI N r 40 00 FEET '';OUTH OF fl-IE POI N r OF
fl[:G1NNI~lO:, TJ 111~r,E f'JOITI) Ifln on n::ET TO "fI-lE PClIN-I" OF rlEGINNINC';
!'^F{CI::L?
TI If,: Nurn' I 2n (1(11 E[ 1 OF V N j\"f Ell ^MDL~H B rr, [ET L '1'1 N c; WEST OF TH E E^S T LI NI: OF LOT fJ,
IIf(O.H: CTF D 8U1 Jill Af,} SllOWhl n]\J TilE PU\T'OF MILLER'S nEf 'I AT, ^S r{~C()R!Jl::n IN PLAT 13001<
2(), FIAC';I~ 1" ell" "II W punuc HP('orms Ol~ Plr-IELLJ\') COUI\ITY, n ORIDA
flARCL:L J
LOT I J\t,JI) III /Ulll n 11:.- sou rll no 00 FEET OF I OT q Of: Mil Lr=R'C; nFPI AT, A!-~ ri.EC0110r=D IN
p[)1,-r [lL)O), ;)h, 1'/\(",\: I r, OF 11lf.: PIJfJLlC m:C;OI~DS Of F'INELLAS COUN IY, fLonlOA
LESS AND EXC l~lll ! ~ltJIIl or W^ Y F01-{ 8A YMONT ST I~EEl Or::1l1 c^-r ED TO CITY or:
CLE:AHW}\-r [I,> ON I iL.)\ 1 or ';~/\hll )]=11- AHI , A sU Bn IVISION, nl:r.OHDED IN P LA 1 noo 1<: 12D, rnge
f1~J, Of- rI!l:- [:>\)1111l; lIFCORDS OF F'1i'll]JJ\fl C'OUNTY, H ORIDA
!-,,111(: b
r \JII]~~t!.t1l1j..1~:rIIl.rlhl"~V flt.'l.Ufllmf DDl;jlnrllml.,L[)ni" J1m1nmr:l '!t'Ih.l1t tI m (II) L1u Ifu[
_ ___ _ ___ _ ~ J_ ___
, .n 21 Hr-; 2/}() b I Jl :I~) 1 i\ X I!I ,j 1 71 r[j f11
GI' cone r, SCI)('1'1l181'
fa] 002
('II!
~'Y
nlls Il/lmlWHJMI"NT pnEPAREn BY
AND WilEN HF:COnnED, RF.:1UHN: TO'
Hnbi"1 t r: _ UrPe!l!' I::Gqulfc
Greenu g :lchenllpr
1301 8nal1 Avp-n\Jf" W, SUlk 400
111 Z.lclentnll, F10l1( b "3'1205
KEN HLIl-mE, CU~llH or cOURT
I'INO LAS COUNTY r-lOHIDA
IN(,TtI 200';242&59 OflI2:U..!OO~ :<!It U4 01 PM
t,lFF REC fll{ 1440fl PG_ 11l0-11l4
Hm_1 Yflt' wa nEe ORDlNG_ H4 Oll
CDV13l1cmt HefJarcllllQ Trlp Gene>ratlon Management Pru!]ram
U[(..LAI1AlION Or- COV1~NANTS AND HESTRlCTlONS
"f! lIS DECLAHATION OF COVFNANTS AND I~ESTRICTIONS IS made as oftl1e 21~Ir1ay of
J .llme, ')005 by Tll r: SAI\lDPEARL nEe; OH r, LlLe ("DEVELOP EI=i;")
DLVEI OF-'FR Hi tile owner of fee sImple lltle to all ofU)G real property described In Exhlbltl
aH:'ldwd ht31etQ ,mrll1lade a pmt lleleof (herellJaner t~ll? "!\E'al Pror@rty") ThR CIty of ClearwHtl"f
has mnenrlocJ It-, CO!llpreh{~nS1Ve Plan to L1eslonnte Clearwater Reach as a Community
Hedevelorment District pursuanl to the PIn~lInS County 1)I~llnln(1 COLlnerl Rules In ord€'r to
lrn 1l1ement the pi Q\llsions of H(~fJcfl by lJeSfrln, a prelim Inary deslOn for the revltallzatton oj
Clf~aTWat€'r Hp-acll
111f" rleslOllaflon oj Clearwater Beach at'" a Community r~edevelopment OJstnct prOVIde for
the allocation of IJnllllS resorl umts as an incen!lve for the development of de'3tlnatlon quality resol1s
wllh a full comrlE'lllf'nt of resort amenllles PUfl~lJant to the del::.Jgnatlon of Clearwatel Beach as ()
ConlmIHllt\-' r-l!?Ll(."\I@lopmf'mt Dlstnct, 1he @!Iocatlbn of bonus resort umls IS subject to compliance with
i':I E.snes of perfor manGe s I andardr., Irlcludln[J rl ~equlrernent thaI till:' rosort hotel to be developer! on
IIle Real PJOperly Irnplr}rnenh, a Inp gener<.lllo'n management progrcHn to 'reduce the number of
vehlc1f" fJ1p~1 genl~mtpd lly the usao and operallCHl of 11le neal Prupefty
I h(> City of Clearwater hos gr..1f11ed, by City COUlICll Hcsolutlon U-04 passed and arpro\led
nr I . '''1Il1JdlY 20, 211( ~!:;, tJEVEI.oP~R 's dpphcatlon for an allocation of bonus resort Wilts PUI SURnt to
tile prOYISlnnS of the de-sll)natl! In of Clearwaier BRach as a C nlllmurllty Hedevcloprnent Distnr:t and
StlbJ0Gt to COmplk)nr-G with the rf'qulrsments of the deSignation of Clearwater Beach <'\8 a
Cornn HJlulV Hedl,vl?JUj'1111t"'-r It Dlstr Ir:t DEVELOPER c1e~i1 PS for itself and Its successors and
QSSI[Jns, t'l!:l ownel [, to '-"'slr:iblrsh certain nghts, duties, obligatIons ami re:.ponsJbllllles with respect to
the ue,f, 8nd OpF'ratlOI1 of the Real Properly Hl Rccordance WJth tile tel ms amI conditions of tile
allocation of !JOfllJ5 rp[~o) l umtl, 1 0 CI!;!o:lrwalL~r and the deSI~}n<:ltloll of CleallNoter Beacll as a
Cornmunlty HodnveJopll1ent DI';II let, which nu hls, dlJtJe~, obligations and responsibIlities shall be
blndHlO (In any al~(! ~.)Il f,UCCf'SSOIE ancJ asslqns! and will run with the title to the Reell Pmp(~rty
T H[J~EFORr::, III GOllslcJem{lon of tile CClVenants and restrictions herem set for lh and to be
OfJ5ervml ~Ind rmrlnrriIE'c1, Llnd in flII lher conslderallon of Il1e allocation of bonus resort units 10
DEVELOPP:] { Hnd oth!",r uood 2nd voluobJe c:onSj(Jel allon, the sufficIGncy of which IS hereby
acl<noW[fl(ll;IUd, UEVFLOI:JI:r::< herdlJY cleclares,' rovl?nallls, nne! agrB<,,:r~ as follows
flj~r!f~nL.Q!ldEn1prr.t!Il.e..nt" TI1G~e (o\lonants <1 nel I estnctlon!:1l':lre made for the IJenefit
01 fl[VELCHJEH ;;Iml its f,UcGcssors anll osslqns ann sl1ol1 be enforceable by l11prn
,Jlld i'lh,o fo! thi' benefit of tilE! re~ldel1b.. of Uw CIty of Clearwater, Florida, rmd sh8:1!
I'd(ll' 1
F.o,J'l"io;:t$"lldrJ!"l~lJ;.TJII'('d~ n ...", h. I r\n~1 ....'Ji"'i~l ''''~l I'" I r.... _
o " /1 (\/,2 fJ 0 Gill ;1'1 r AA I 1)111 "Ill '{ G '
(,I'oeYli~ K Sellr'l'!nC'1'
1(,'1 DO'}
b,"- onfli 1(;t>8111r. oflll!''>] hllf nf the ~mld rf'sldcll!:;' Gxcluslvr:ly by tile City eOl Ifl ell of the
(' II V (I r \ ~'r.,dr Wi'J If-f
~) l (!.\{~l(! oUrrJ 1 r f[)(dF;'_ .amULIlD1QIII e n.t iLllnL0 e n~[~J.LgIl.M a n.@_n~ m ent P romnJ:1L
[)f.Vl:-U )Pl- H Ilt'r(,by c(Jven.mt\; ~lnd "jUI eos to the develupment, Ube, and OrPratlon
of ! he I ~P81 Propel I Y In accorda'nl-e WIlt, Ul~ rrovlslonr:. of llns Declaration
2 I J fll1 G.gm~r.D.t)OIL!\fl.illJQgl2Jllel1t EfQfU.SiLIL lJEVE:LOPE:R shall pr epd rp. H Trip
(~t"'nl-'mtl{jll ManagBrllE-inl Progr~)m which Includes, at a 111 ItllInUll1 , the
flroqWl1l plnmenis which ale :let out In ExhlbltZ., wJIIGlllS attached hereto '
rind III r:orporal ell her (-JIll
2 ~)
!millQ!DfntlltIO!l_ tJEVEL(JP!:r~ sl1allldke all necessary and appropnato steps
tn Jrnplelllont the appmved TrJp c;el1f:r~tlon Manaqemen1 Progrmn wnd the
select!::H j t n;gnaqflmE>n t 61 r'!~It?gles
)
~1 Eff.r"tQ!l'tD Dal~L Till!:> tJei:!;Olrdllol1 I':hr::tll become errec.llve Immediately upon Its
n,'eoHllllll
4 ,(;iJ)_Y!,'nDlIUl LalN_ This Declaration shall be con~trlJorJ 111 accordance Wlttl ami
!)overned by the laws ot Hie State of r!ond;;J
ti BC.!lQEJJmJ This Decl~lratlun sllall be recorded in tl18 ctla\n of tl11e of the R~al
PIIJperty wllh Ihe (~Ierk of the GOllrt of fJlneJlas County, FJondn
{) 8t!.!1!l1~Y.~ FeeL Dr:VELOPEH 511011 reimlJursf' the City of CleafWater for any
0)lfJens8s, IIlf'JWJlllg nl!omeys' fees, which are Il1curred by fhe City of Clearw~l1el In
1111.' €'wnt 1h(1{ the City dE'lerrnlne:. tll ilt It i~ necessary and appropnate 10 seek JudicIal
i?llforG\~n lent of lhls [)odffrclllon Innd tlK: City obtains relIef, wllether I)y aoreement of
tlw rmTtle~ Dr Ulrougtl (Mler of tile CIJllJ1
7 ~~I!~LiI!J!!rtL I r f1ny rrnvrsl on, or par l h!?reof, of thiS Decl()r~tlor'l or thi? r3rr1lcation nt
lIlP~ l)(;!dfH8Hol1 to any flerson or clrclJm!)lance will be or I'; declared to any extent to
be InVdlid nr IlnenforcC>8hlE', Ihe I oll1all1der 01 Hns Dedar8tlon, or the 8flPliGi'3tfon of
81]('11 prnw~l(Jn or portion thereof tn ~lI1Y person or clrcurnsl~1 n(xO!, sllall not bo affecte(!
Ihf'1 eby, clnd e-adl anrj ev(::!r}' at/lor WnVISJOI1 of thiS Dccli-lra110!1 Stk-ll1 be valid Elncl
() n fnrn' ~J ble ! 0 filE' fI illl;!st ox Ie r It: pE' milt! eel hy I f:lW
1',lgl" ~J
.F" ~JIly\.~J;Jf'lflmmri1--l1fJ'{"llr nllli;lJltll';lCl {)~t'1.l(lllljll~UlCH 1 I~l O~JIJ.lmthlll ~'tml PH.lOftlffl.nru:
, 0 i' II G ;1'2 fJ (I (; I J :1 C 1'1\ ,\ 1 P /1 L '/ /17 (\ \
(,!'I]One g :,Cllf'I'Ill(l.]'
(if I 004
II J vvn Nl-~.D WI Wf U:;:OI-, TilE ~~!\N1Xll- !\J:L n,csorn, LtC tm~l cWJ<,i'.!cl thl"; Declaration of
CIJV011 ~III ts ;jl If! I :r,:~ I nr:lltJll~ to bt:> f:lxet;\ Itl';U till:, ? 1 ',I ddY of Ju ne, 200[J
o I fit led ::1/ ,ei ~)cn I 0 d rll ,llvew d
In tilt' pn':,r~rlce oi
TI-ir" SAf\JIJPcAf1L I\ESORT, LtC,
~1 FloridA limited lloblllty company
rill." foregr-lID!) Instn ltm~nt was ar:knowledned befOle me this 21 ~I clay of June, 2005, by J
Michael Cheezern, i'lS C.EO of ,JMr. COnltnUnltles of ClealW,lter V, lnc , a FlomJa corporation, the
General Pal tnN of CBn. Comrm Inltl€!S I, Ltd , a Flonda limited partnership)he Man.:lQlng Member at
TIle t3amJp~arl R~"lor!, t Le, ;] Flonda IlInltecl IIQblllty company, Who IS s1)ersonal1y known to me or
n t18<; pi OrJl jC(~[J ~1 1";10] j{jn C!flver's Ilrensf.! or 0 ' ;;JS IcJenllflcatron
~~
f~CrfAHY PlJrJUC -----
r'rlnted Name.
Cornn!ir.slon No
My Cornrnl~,slon expires
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1,_ _~_ ___"~-.-.:::._ ___ _ _____~. <______
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COUNTY Dr PINEl L~'IS
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CIlH CornmlHlltles I, Ltd.,
a r land<<\ lnTlIlecJ partnershIp,
l'v1~ln;i\Oln~l Member
lJy- .JMC Commllnltles of Clearwafef V, lnt..
~1 HOlldC~Cllf(J~ atlan, Genet al Par~ner
Oy 1iW~-
Name ,j )y,lich<;lel Ch(;H'.l2:0rn
TItlE' c'ib
F lJll.l.., \$rU'Ltr~ tru I'CJ:..UJ I,C' 1:1.( n....tJlll LJ I"d On-ell IfTlbt"lL'i){ t~ 1" rip U o/1C[1'lIrfJU !\I,lllll PI ~rumlTl do(.l
n ?II (1 /;," n fH) I '! 'J 6 F U [ 'J 111 '{I]'! II (l
~ ~ - - ~ -- ~~-- ~-- __ ___ - __1- _~___~ _~__ ~ _
r,l'C(\lle K ',r h01'11101'
fitl 0 0 5
I.:jUllDI1 1
[)JI He f~1 I
r f 1A r 1:1J\1~ I 01-': ) 11Al ~ T ,1\ OF /\ r\.L~S I JEl 0 IVI SION C-W GLUCK 10 AND 11, AND LOTS 2 TO 1 J5,
I NeLl 1;31\11 , flU It,)( 11, OF rHE j U:: VI S L:O MAP CW r; L~Anw ATEr~ n E^C H, AS REC OROED IN
PI A r FlOOK I tJ, PA( lr nfl, or "] f If: f'l JLlLlC'f;u::cor~D8 0[- PINELLAS COUNTY, r:LORfOA,
D r:f;r:n lE1 LJ) /\!:3 ~ ()Il ( )WU
j
UEGfN I\T I HE :jl)ll rHEA;3 r Gon~WF{ OF THE SAID TrU\CT A AS SHOWN AS 3 68 ACHES,
TO 1111: (If IIN-r (iF" ! II:=nINt..Jlt Jr.:1, HEING /J., POINT ^ r THI: IN TEnSEC~TION OF Tl-Ir: NORTH
LlNF OF rlAYMOJ\1T ~)-I J{EI-_-J, AS SAID IlA '(MON r STRFET If) SHOWN ON SAID RE-
bUODIVJSID~~ 01" HI ()C!(;j 10 AND 11 AND I OT~J 2 TO I[j, INCLUSIVE, BLOCK fJ OF ll-n:
r='::E"VJ ~";L:n J\r1Ai> elF CLl::AnVVATI~I{ BFACII, 'Wl1 r I "r HE VVEGTET~L Y LINE OF IVlANDAl1\ Y
HOAD, I\NI ) f<lIN rHl-E,[ f\l ~(Y' 4(1'00" E, 1 02 2:~ PF-EI, THENCE N 01044'00'1 E, 11051 FEET TO
THf:: CEN II-m If\!f OI-/\rvtIILER S fHEF.T, SAID AMDLE"H s-r n~ET IS SHOWN AND DED1CATFD
AS A pum I(~ rn I-{EI~ r 1f,1 THE m'~VISED MAP OF CLEARWATEH BEACH, AS RECORDED IN
PlAT nOO!{ J I, PAUL: 5, OF ~n IE punuc m:::cor~D~ OF PINELLAS COUNTY, r-LORIDA,
THENCE VJr=ST Al or-,JG THE CENTEnUtiJE Qt:" SAID AMnU.:H STREET 4~O 00 FEET, MORE
on LES~;, TO 1 He WATEr ~ OF THE GUU:- OF MEXICO, THEf\J(;E: IN A SOU THERL Y
DIR[C-rI0hl ON ,'\ Ml:;\!\J[)Enlt\j(~ UNE ALONCi THE W/\TERS OF THE GULF OF MEXICO,
321 00 n::Ff, Mom:: on LEt;S, rn TH[ CE:NTl-RLlNE OF SAID l3A YMONT STREET, THENCE
r .J\f,T JR6 (JO F!~E T, MonE CJr( LEGS, ALONG SAID CENTERUN E OF 8A YMONT STI1EE r TO A
POINT -10 (JO FeE r SI)\ r n I OF TIlE POINT Of [3[GINNING; fHENCE NORTI-j 40 00 FEET TO
TilE POINT OF HFGlNNING
PAr~crJ_ ;2
r 1-1l~ 1\)( 1f{ rH 20 (Jv FI I~ r OF \! A(;/\ Tr::[j ^MEl LEI-{ STJ11:::.El l YI NG WEST OF THE EAST l JrJE OF
LOT 9, PRU.JECl 1;:1) t-;(IU rH 1\13 SHOWN ON THE PLAT OF MILLEr,JS HEPI.A T, AS RECOF~DED
IN I Jl ^ f EWl()I< ;J! I, P/\("~E 17, ol::"n JE I JUBLlC r ~FCOn.llS OF PINEl. LAr..; COl IN ry, !-l ORIDA
pl\ncr L .3
LlrJ I /\f.JD 10 AND -rl H: ,':)Otrn 18000 FECT Dr LOT [) OF MILLER'S HEPLAT, AS
RL:COn.lJED JlJ PI Al BOO!( 20, PAGE. 17,01:: TJ IE PUGLlC I~ECOI\DS or- PIf\JELI.J\S
COUNTY, [-LCinlflA
Lr:~;~l /\l\lD l:-xcr_"eT PI1311T or V\/^Y FOR lJAYMONT STREET DEDICATED TO CITY or-
CLf:ARW/\TEf< on PlAT or [iAI'JDPFARL, A'SUBDIVISION, RECORDED IN PIATBOO!(
12~J, f.JaOI~ llO, OF -IHr- f'l JnLlf: HL:CO!~D[; OF PIf\JElIAS COUNTY, FLOHJDA
r~ WJl' '1
r ~'ll.c\~I1.\I1I)(ifrJ"l'cll';!\fIl, nbj'{:i/al'rj f'JCirlIIlH5m....lllI R Tllo G~'lt.nlIJWli ~oVJdll rin{lI.A.mjrO~
- - -- -- ~~-- -~~---~~-~--~~- ~~__~ ~___J~~_ ~__
(] ;' / J b / 'I I) n (j I 4 ~l (, I A I, I P j I I JI "( C j
(./'001)(; &. SrIl01'11ll'\1'
r!~ OO(i
L-){IJIl3n?
TfOfl CFhJE j?AIIClN ~MNGr:MI- NT Pf-\OC)~AM
PHIlI 1u 1~')IIalll r-; of 111P CI'>I tlfl(;,lte of Ocr.upaTlcy for tile PrOJ~ct, the DEVELOPER ':>110311
HnpIHrr10nl,1 rrl.lnCplJrlE\lll)ll ;)yslem ManarJerni?f1t Pl::lIl ThiS Plan shall cstclbllStl practices,
prucvdurcs, and r.osjs/fer~::' ror sNVlces 10 redllce thc' nurnbElr of tnps tn <'Ind from Iile site
r= xt.111lp10S nr rneH JOds. wIll( 11 In <tY /)p COil,,) Idf]1 prJ rlre
d
1J
(,
II
t3Uf'Bt 0:;111 IUle :;,elvlces/~Irpor~
(/W\Bt shuttle ~f'rVlcer,/~Ic..tIVllle'S
r:mpfny~e s IlulllE'
f\J on-mot0f17erJ 1l10de'3 for Qut'sts
Fn(i;'rl rnll!p trnmlt
-I 3J\'lt1klp.rmmd respUll;-"IVf' trrull~>lt
- hi on-lllO lnnzf,eJ l1lode~; for edl ployees
1":ltiOliJoel en WClI klfln hours
/
I;
I
q
!l
II Ie pl,-m will addl ass the l1IJ) ch"lraclcn~llc~ of resort ocC'up;;mcy, compals and contrast the
~JerH~1 alloll "no r erluctlOll meHl0d[, against nOli tranSient IJ nits ami (,18ate a suppal t!nO tnp
lltlll:i"ation 1'1 oJ6cl1011 for Hle [.2~.fbJ2Y Jd.PJ:illJD transl t pr oposal from both hotel vlzrtors ;:md
IJoU,,'IlJ8 patron"J The pl"m WIll upp)y a best methods approach City nnd County
II fm'~1 10rtal Inn pi oDrarns may iJ!SO generate additlonsl methods baser! on Gpf~Clal studies 01
inlfll (jovellllllent.J1 plOgram fundlnq (County-wide G ulfvlew Trolley SystPI11)
2 PI J 0 r to IS," I J a n r:e 0 faCe f II fl Ga tr-; of OtcLI po n cy for tile P rojn ct, the D E\lEL 0 P E:.R sllaJl S l Jbm I t
;:1 j II HrICi3118 EV.-1Guallorl Pli:Hl to thE' City rhls Plan shalf establish practices and procedures
to hu IInplf'tnenlEld Whpfl ,1 tlUI r leflne wale!' IS t'st8bllshed for Clealwater Thes~ JXllctIC€S
tlnd rroL~'dures wllIlemJ tn eV8ctmlll)1""\ 0 f the PI ClJF.!ct wile n a I1llrrlCan0 Vl/8tcll !S ISSLJ~d for
C r 13, 11WFl tf'1
r:'ciqe ,5
.F ~ml"\,~.D"lId'lfTrtlllc~a\('lIyn~C'lm"~a [JIJIil,rnll/I([I\DCH r,f~ Ct,II'H\ltll/.rIa ~,\jrlll Pm"lllffl dOll
tl'l'!"" ~ - ~.,
Wells, Wayne
From
Sent
To
Cc
Subject
Reid, Debbie
Monday, February 06, 2006 10 53 AM
Wells, Wayne, Garriott, Kevin
Walker, Jeff, Wagner, James
RE 500 Mandalay Avenue, Clearwater Beach Resort, FLD2004~09068
Wayne, thanks for the verIficatIOn
All P&R Impact fees have been paid and I have noted same under the conditIOn under BCP2005-08421
Debbie Cd
-----Onglnal Message---n
From Wells, Wayne
Sent Fnday, January 27, 2006 2 56 PM
To' Garnott, Kevin
CC' Walker, Jeff, Wagner, James, Reid, Debbie
Subject. RE 500 Mandalay Avenue, Clearwater Beach Resort, FLD2004-09068
Th e tota I n urn ber of attached dwellIngs IS 117 (1 03 In the First Pha se - 150-foot tall bUild I n g, 14 I n the Second Phase -
smaller bUilding at corner of Mandalay Avenue and San Remo Drive) and 252 hotel units There IS also 8,306 square feel
of retail floor area
-----Onglnal Message-----
From Garnott, Kevin
Sent: Fnday, January 27, 2006 11 19 AM
To Wells, Wayne
SubJect FW 500 Mandalay Avenue, Clearwater Beach Resort, FLD2004-09068
do you know the number bemg proposed for condo apartments and hotel units?
thanks
---. -On g In a I Messa g e- ----
From Walker, Jeff
Sent Thursday, January 26, 2006 12 33 PM
To Garnott, KeVin
Cc Wells, Wayne
Subject RE 500 Mandalay Avenue, Clearwater Beach Resort, FLD2004-09068
I'll have to pullout the dwgs to count as the code doesn't requIre us to tally them POSSibly Wayne Will know off the
top of hiS head?
-----Onglnal Message-----
From Garnott, KeVin
Sent: Thursday, January 26, 2006 12 00 PM
To Walker, Jeff
Subject FW 500 Mandalay Avenue, Clearwater Beach Resort, FLD20Q4-09068
I believe you reViewed, correct?
Do you know how many hotel and how many condo's are shown on draWings?
Thanks
---nOnglnal Message-----
From: Reid, Debbie
Sent. Thursday, January 26, 20069 47 AM
To Wagner, James, Garnott, KeVin
1
-J
Subject
500 Mandalay Avenue, Clearwater Beach Resort, FLD2004-090b~
Wasn't really sure whIch of you two I should send thIs to, so you are both gettmg It Hoping one of
you can help melll
Back In August, 2005, Florida DesIgn Consultants paId P&R Impact fees on the above referenced
project The only problem IS there IS a discrepancy In the number of condo units being budt The
plans we receIved shows 253 hotel Units and 119 condo units FDC paId for 253 hotel unIts and 117
condo Units I attempted to get verificatIon from FDC as to the condo unIts, but was not able to
obtain 0 correct site data table and/or anything elsel Art Instructed me to walt untd they pulled
thew budding permIt, which would show how many condo units are being built and from there we can
determine If they ore paId In full or If they owe on additional $400 to uS I think James may have
tried to help me verify thIS a few months ago, but can't remember for sure If It was him (sorrylll)
Anyway, I am stdl holding thIS hie and would love to be able to get It off of my deskll Do you happen
to have anything up thew yet that would confIrm the number of condo unlts?1
DebbIe Q
2
"
RE.:, Sandpearl bcp2005-08421
Pagelof3
.
,
Wells, Wayne
From Wells, Wayne
Sent Monday, November 21,2005 1 02 PM
To Garnott, Kevin
Cc Delk, MIchael, Thompson, Nell
Subject RE Sandpearl bcp2005-08421
Based on this new information, Planning would not have any problem with ISSUing the "foundation" permit pending
resolution of all other bUilding permit Issues
-----0 rig I na I Message-----
From: Garnott, Kevin
Sent: Monday, November 21, 2005 12 39 PM
To: Wells, Wayne
Subject: FW Sandpearl bcp2005-08421
fy I -------.. - >
-----Onginal Message---n
From: Dave Richards [mailto daver@Jmcdev com]
Sent: Monday, November 21, 2005 12 36 PM
To: Garnott, KeVin
Subject: RE Sandpearl bcp2005-08421
For c1artficatlon, this elevated slab Includes the area under the footprint of the tower portion of the
project only, which IS the area north of the east/west expanSion JOint and IS directly west of The
Waterfront Restaurant It would not Include any work on Mandalay Avenue
Thanks,
Dave Richards
Project Manager
443-6585
-----Ong I na I Message-----
From: KeVin Garnott@myClealWater com [mallto KeVin Garnott@myClearwater com]
Sent: Monday, November 21, 2005 12 04 PM
To. Dave Richards
Subject: FW Sandpearl bcp2005-08421
Dave -- note the comment from Planning/Zoning Please consider that at foundation time
request We will need thai answered
Thanks
KeVin Garnoll
CIty of Clearwater
Development and Neighborhood ServIces
727 -562-4567
11/21/2005
.'
RE" Sandpearl bep2005-08421 -
Page 2 of3
-----Onglnal Message-u--
From: Wells, Wayne
Sent: Monday, November 21, 2005 11 49 AM
To: Garnott, Kevin
Cc: Delk, Michael, Thompson, Nell
Subject: RE Sandpearl bcp2005-08421
Kevin -
Do you know how much thiS "first elevated slab for the garage" entails. as to location
on the site (would It extend over to Mandalay Avenue)? Planning/Zoning had a major
comment/condition on thiS project as to how the submitted plans were Inconsistent
with those approved by the Community Development Board
Wayne
~----Onglnal Message-----
From: O'Neil, Corey
Sent: Monday, November 21,2005837 AM
To: Albee, RiCk, Crellin, Mark, Maran, Robert (Bob), Melone, Donald, Rickard,
Leonard, Rowe, Ralph, Wells, Wayne
Cc: Garnott, KeVin
Subject: FW Sandpearl bcp200S-08421
Attn all reviewers listed,
Does thiS cause any concerns, for any of you, If so please contact KeVin
Garnott, so he can correspond with the contractor, as to what IS allowable. or
not
THANKS,
Corey
-----Onglnal Message-----
From: Garnott, Kevin
Sent: Fnday, November 18, 2005 1 20 PM
To: Dave Richards
Cc: O'Neil, Corey
Subject: RE Sandpearl bcp200S-08421
We could look at possibly foundation permit that would take you that far We
need to get all departments ok to do that
Corey - can you please clculate thai Idea among all plan reviewers to see what
cocnerns thay may have?
Thanks
From: Dave Richards [mallto daver@Jmcdev com]
Sent: Fn 11/18/2005 8 51 AM
To: Garnott, KeVin
Cc: Chapllnsky, Tom, Legters, Nell, Matheny, Mark; Wagner, James, Walker,
Jeff, Kronschnabl, Jeff
Subject: RE Sandpearl bcp2005-08421
11/21/2005
t
RE Sandpear! bcp2005-08421
11/21/2005
Page 3 of 3
We're wantmg to pour the fIrst elevated slab for the parkmg gmage alOund the filst of
the year WIth the hohday season m the ITIlddle of tIllS, that date may be optllTIlSIlC bul
that's what my schedule ~hows P2 I~ fOI tht most part a parkmg level I know that's
qUlte a stretch tor a foundatlOn permIt My schedule shows us pOUllllg the' nom of lhe
lowest living level (3) FcblUary 20, 2006
~----Onglllal Message--m
From Kevin Garnott@myClearwater com
[ma11to Kl vm Gafll01t@mvCka1watC! com]
Sent Tuesday, Novembel 15,2005 1029 AM
To Dave Rlchalds
Cc Tom Chaphnsky@rnyClearwater com, Nell Legtels@myClearwater com,
Mark Malheny@myClealwalel com, .lames wagntl@mydedlwale1 com
Jeff Walkel@myClcarwdter com, Jeff Kronschnabl@myClealwater lorn
Subject RE Sandpearl bcp2005-08421
The Hotel bUlldlllg was f1TI1shed last week It was moved ahead of the 1 eSldences at all
of your request Now that the hotel bUlldmg IS completed, the lesldences wdl be- looked
at The hotel bUlldmg look ove1 5 weeks to complete the bul1dmg trades lev 1ev,,!s
What are the deadlines you are facing WIth the reSIdences building We wIll wOlk w11h
you on whatevel we can to acconmlodate the constructIOn lime lines you have
Thanks
Kevin Gal I lOti
City of Clearwater
Development and Neighborhood ServIces
727-562-4567
m-~Onglnal Message--m
From Dave Richards [l11dtlto da\er@jl11cdev com]
Sent Monday, November 14,2005226 PM
To Garnotl, Kevm
Cc John Hobach
Subject Sandpearl bcp200S-08421
l-h Kevlll,
I Just wanted to make you aware that It'S been 3 month~ smce we submttted plans for
The ReSidences at Sandpcall and we stIll haven't had plallJe-v1ew comments flam
buddmg, plumbmg 01 mechall1cdl as of yet Of CaUl se If the 1 Cdson IS because they hah
all passed as subm1tled, please IgnOle thIS emall
We appreciate your help m keepmg tlus plOcess l1l0vlllg 101 wal d
Dave Richards
Project Manager
"
...
JM~~
~
DESIGN AND
OeVJ;LOPMENT, I NC
November 1,2005
Mr Kevin Garnott
BUlldmg Official
CIty of Clearwater
410 Myrtle AVE N
Clear\Vater, FL 33755
RE BCP2005-05442, Sandpearl Resort Sltework PermIt
I
Dear l\{r Garnott
This letter IS III drrect response to questIons resulting from the plan reV1ew of permit
BCP2005-05442 (Sandpearl SItework Pemut)
Regarding the mtended use of the bUlI'ding located in the southwest corner of the
Sandpearl Hotel property (currently being renovated under BCP20,DS-04438}. JMe
DesIgn & Development WIll hot under any c1Tcumstances use the 2nd floor of the buIlding
for hotel rooms We mtend to ultlmately use this 2ud floor space to accommodate the
proposed Beach Club and we Will apply for all necessary pertn1ts for this use at a future
da.te '
Also, we would hke to give notice of a mmor reviSIon that has occurred along the south
elevatIOn of the residentlal tower on IBaymont Street )MC Desig~ & Development has
reduced the bUlldmg setback from 18 feet to 15 feet in order to accommodate the
resldentml tower's footprint wlule k~eplllg With the overall arclutecturalmtegrity of the
project Please do not heSItate to call WIth any questIons or concerns
,
Smcerely,
z ~Jj?cU~
Mlchael Petagna
Assistant Project Manager'
JMe DeSign & Development
cc John Hob~ 1Me
Wayne Wells, CIty of Clean.valer
I
o C<ltp<)(9.te
2201 4th Street North, SuIte 200
St Petersburg, FL 33704
(727) 823-0022 ph
(727) 821-2007 fn
I
karwater Beach '
516 Mandalay Avenue
Ckacwatet, FL 33767
(717) 443-6585 ph :
(727) 443-3885 fax !
I
o Tampa
2907 W, B~ ro Bay Blvd., SI.u1t 101
I
Tampa, n 33629
(813) 835~oOO3 ph
(81S) 83$-5997 fa.x
a New Smyrna Beach :
2601 N Perunsula. Avetlue'
New SmYn"lA Beach, FL 32169
(386) 427-5204 ph :
(386) 427-7088 fax
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DESiGN AND
,)F.VcLOt"Mr_NT I"J"':
JMC Design & Development] Inc.
516 Mandalay Avenue
Clearwater, FL 33767
I
Phone' (727)-443-6585
Fax: (727)-443.3885
FAX TRANSMITTAL
Date 11/1/2005
To.
Wayne Wells
RE:
Sandpearl BCP2005-05442
Company-CIty of Clearwater
Fax #.
(7271 562-4855
ce.
Dave RIchards
From'
Michael petagna
Total pagas Including this cover'
/f"~
/
Remarks.
Wayne,
I,
This 15 a copy of the letter I sent to Kevin regardIng the 'responses to our Sandpearl Sitework permit BCP2005-05442 Please let
me know If you have any questIons or concerns regarding the content of the latter,
Smcerely,
Mike Petagna
rMC DesIgn & Development
Assistant PrOjeCt Manager
70 ~~~~~~W~
I. l; NOV - I 2DD5 :lQ)
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\ PLANNING & DEVELOPMENT
: SEA~CES
C17'{ 01'" CI Stl..AWATER
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Conditions Associated With
BCP2005-05442
470 MANOALAY AVE
C;~~)
The followinQ conditions must be satisfied before the permit can be processed. Status
C OF 0 CONDITION - ZONING Wayne Wells, AICP 727-562-4504
10/21/2005 Sheet 5/14 - Cabanas (storage Units) on the ground floor be used for storage only, In compliance Not Met
with all Federal Emergency Management Administration (FEMA) rules and gUidelines EVidence
of this restriction of use, embodied In condominium documents, homeowner's documents, deed
restrictions or like forms, shall be submitted to the BUilding Official prior to the Issuance of the first
Certificate of Occupancy,
10/2112005 All "valet parking" double stacked parking spaces must be Identified by signs painted on the Not Met
pavement and/or by vertical signs at the ends of each space/double space so that the public
knows to not park In these spaces
Engmeerlng Review
Don Melone
562-4798
07/01/2005 1) Cannot extend deck Into Beach Drive and Baymont Street right-of-way as shown Not Met
07/0112005 24) All Park and Recreation Fees to be paid prior to Issuance of bUilding permit AS OF THIS Not Met
DATE, 9/22/05, NO PARK AND RECREATION FEES HAVE BEEN PAID IN TIDEMARK PERMIT
PLAN PLEASE PROVIDE RECEIPT OF PAYMENT
07/01/2005 25) V eh Iele access IS encroach ing with I n th e 10ft pedestrian wal kway as described In 0 R 2228, Not Met
Page 719
07/01/2005 28) Need to provide a 4 ft striped Sidewalk pedestrian way not 3 ft as shown Not Met
07/01/2005 31) The proposed F 0 C 's cannot be placed wIthin any street right-of-way NOT ADDRESSED Not Met
AS OF 9/22/05
07/01/2005 33) The doghouse manhole needs to meet CIty Standards NOT MET AS OF 9/22/05 Not Met
07/01/2005 34) Need to provide D N R Permit to construct seaward of the C C C L Not Met
07/01/2005 43) Need a fire hydrant Installed to meet Fire Department requirements All applicable fees to be Not Met
paid for by the applIcant NOT MET AS OF 9/22/05
07/01/2005 45) Need a copy of an approved health permit for the InstallatIon of the domestIc water main prior Not Met
to Issuance of a bUildIng permll The health permIt application form(s) can be found at
\JI/ININ dep state fl us/water/dflnkingwater/forms htm NOT RECEIVED AS OF 9/22/05
07/01/2005 50) Need a copy of an approved 0 E P permit for the installation of the sanitary sewer extension Not Met
prior to Issuance of a bUilding permit NOT RECEIVED AS OF 9/22/05
07/01/2005 59) Note Ad d Itlonal com ments may be necessa ry based on the res pan ses to con d Illon s Not Met
MISC - General James Wagner
05/14/2005 NEED LICENSES FOR CONTRACTOR AND FAX NUMBER
562-4562
Not Met
Stormwater ReVIew
Jason Kinney
562-2604
09/22/2005
1 Do not use ERCP In a City ROW RedeSign to specify round RCP pipe only (9/22/05 Not
Not Met
CaseCondllons
Print Date 10/28/2005
Page 1 of 4
BCP2005~05442
470 MANDALAY AVE
Stormwater Review Jason KInney 562-2604
met) Please avoid the use of ERCP, the reasons for which are beyond the JOint fittings Please
resubmit uSIng round pipe alternatives The final 22 feet should be round DIP to allow for to allow
for barnacle removal TWin 30" pipes may be an alternative to the 34 x 53 ERCP or the 42" RCP
2 Show proposed Inlets as 10 be Installed on plan view In some places It IS proposed to replace
a grate Inlet (In street) with a curb Inlet, however no detail or view that geometncally this will be
possIble are depicted (9/22/05 MET)
3 Show a profile view of proposed pipe In ROW along with all utilities and possible conflicts
9122/05 Not met ThIs IS standard for work within ROWand will be required prior to permit
4 City of Clearwater requires a 10~year level of service on roadway and ROW drainage, please
re-anallze storm tabulatIons accordingly (9/22/05 MET by response)
5 Is the sump In vault necessary? Appears that grades are sufficient to draIn through filter bed
If possible, consider eliminating vault, thIs design IS acceptable but not preferred (9/22/05 MET
by response)
6 (9/22/05 New Comment) Please clanfy FOOT Type F Curb Inlet (Structure 59)?
Trafflc Review Bennett Elbo
05/19/2005 Gate console must spaced 30' from Ihe back edge of sidewalk
562-4775
05/19/2005
APPLICANT'S RESPONSE IS UNACCEPTABLE THE "GATE CONSOLE" NOT THE GATE
MUST BE SPACED 30' FROM THE BACK EDGE OF SIW B_E 8/26/2005
PrOVide an accessible path from a bUilding's accessIble entrance to a publiC
sIdewalk and to multiple bUildings on sIte compliant With Florida Accessibility Code for BUilding
Construction Chapter 11, Section 11-432
NOT MET, PLEASE HI-LITE THIS ACCESSIBLE PATH B_E 8/26/2005
Zonmg Review
06/10/2005
Wayne Wells, AIC?
727 -562-4504
06/10/2005
10/21/05 - WW
Site, hardscape and landscape plans must articulate where the Signs on the waterfall feature
(west of Mandalay Avenue) and at the entry drive (at west side of intersection of Mandalay
Avenue and Baymont Street) are located, and must show compliance With the flve~foot setback
requirement
6/10/05 - WW
Sign on waterfall feature must meet a five-foot setback from Mandalay Avenue right-of-way
10/21/05 - WW
SInce thiS portion of the property was remodeled under BCP2005-04438, and now the eastern
portion demolished, there was no remodeling of the two hotel rooms on the second floor to
change their use "As-yet-to-be-determlned" use IS unacceptable from the standpOint of
approvIng bUilding and site plans, Including the number of rooms Until the use IS offiCially
changed from hotel rooms, these will stili be counted as hotel rooms
ThiS presents an Issue, Since the new hotel has 252 rooms, the northern events bUilding has one
Unit and thiS pool gnll bUilding has two rooms, which totals 255 rooms A condition of approval
under FLD2004-09068 limited the number of rooms to 253 rooms ("That approval Includes 253
hotel rooms/units, a maximum of 119 attached dwelling Units and a maximum of 11,000 square
feet of retail Gross Floor Area,") ReVise new hotel to reduce by two rooms or submit bUilding
plans to change the use of the two second floor hotel rooms In the pool gnll bUilding
6/10/05 - WW
Per BCP2005-04438, there are two hotel unIts upstairs In thIS bUilding that must be counted In the
total room count ReVIse Sheet 4/14 to indicate there are two hotel units In thiS bUilding Also
revise the Land Use Data table on Sheet 1/14
Print Date 10/28/2005
Page 2 of 4
Not Met
Not Met
Not Met
Not Met
CaseCondllons
BCP2005-05442
470 MANDALAY AVE
Zonmg Review
Wayne Wells, AICP
727 -562-4504
07/05/2005 10/21/05 - WW Not Met
Comply with the condition of approval pnor to the Issuance of this site work permit, or remove the
encroaching structures from the sIte plan documents (may redltne) and permit them separately
once the City Right-of-Way Utilization Permit IS obtaIned
7/5/05 - WW
Comply with the condition of approval of FLD2004-09068
That, prior to Issuance of any site development bUilding permIts, a CIty RIght-of-Way Utilization
Permit be obtained for the proposed walls and fountain,
07/05/2005 10/21/05 - WW Not Met
Comply wIth the condition of approval prior to the Issuance of this site work permit, or remove the
encroaching structures from the Site plan documents (may redllne) and permit them separately
once the Florida Department of EnVIronmental Protection approval IS obtained
7/5/05 - WW
Comply With the condition of approval of FLD2004-09068
That prior to Issuance of permits for any eXisting or proposed structures west of the Coastal
Construction Control Line (CCCL), the applicant submit a copy of the Flonda Department of
EnVIronmental Proteclion approval for that construction west of the CCCL,
07/05/2005 10/21/05 - WW Not Met
Hotel - I now count 128 total parking spaces (there are only nine spaces [not 1 0] east of the
elevators) Residential - Based on construction plans submitted, there are 153 spaces proposed
on the first floor and 154 spaces on the second floor, for a total of 307 spaces Total overall IS
435 spaces Revise the nu mbers on Sheets 1/14 (Land Use Data table), 4/14 and 5/14
7/5/05 - WW
Sheet 4/14 - I count 132 total parking spaces Advise/revise If 132 spaces, also revise the Land
Use Data table on Sheet 1/14
07/05/2005 10/21/05 - WW Not Met
Need to submit a letter of request for Minor ReVISIons for this change, as well as all other "minor"
changes (Include the change to the residential bUilding location to a 15-foot setback to Baymont
Street) (Note There are additional changes to the bUilding elevations that may be "minor"
revIsIons Comments for these changes are under BCP2005-08421 ) Provide
reasons/Jusllflcatlon for each of the changes requested Provide one copy of all affected site plan
sheets and bUilding elevatIons, showing the proposed revIsions
7/5/05 - WW
Sheet 5/14 - Roofed entry feature to the southern retail unIt at the corner of Mandalay Avenue and
San Marco Street, shown on the CDS approved plans under FLD2004-09068, has been removed
No minor reViSion to the approved COB plans has been approved ReVIse
1 0/21/2005 Sheet 1/14 - ReVise the Lan d Use Data ta ble to Ind icate 117 condos proposed and 8,306 squ are Not Met
feet of retail space proposed
1 0/21/2005 Sheet 5/14 - ReVise the 15-foot front setback to Baym ant Street to the actual bu lid I ng Not Met
1 0/21/2005 Sheet 6/14 . Rem ove note on west Side of bu lid Ing "storage units (typ ) access to storage un ItS InN ot Met
front of parking" since the second floor storage Units have been deleted from the bUilding plans
10/21/2005 Sheets SP-01, HP-01, EX-O 1, TR-01 and SH-D 1 - Show the property lines on all sheets Not Met
10/21/2005 Sheets SP-01, HP-01, EX-O 1, TR-01 and SH-01 - Pool eqUipment area and additional pool gnll Not Met
deck are shown proposed within the 25' nght-of-way easement These structures should be
removed from the easement Based on Flonda DeSign Consultants earlier lelter of response
dated August 25, 2005, should the Englneelng Department allow a ROW Utilization Permit, It
should be only for the deck, which IS easily removed In the event the City so requests The pool
eqUipment are more permanent structures and not so easily removed at the request of the City,
CaseCondltons
Pnnt Date 10/28/2005
Page 3 of 4
Be P2005-05442
470 MANDALAY AVE
Zonmg Review Wayne Wells, AICP 727-562-4504
since such removal Impairs or renders useless the use of the pool and spas, and therefore should
not be allowed within this easement
10/21/2005
Actual slgnage will be permitted separately Not Met
1 0/21/2005
Sheet 2/14 - Show that portion of the eXisting second floor balcony/walkway to be removed for the Not Met
eXlslng buildIng In the southwest corner of the site (pool gnll bUilding), IncludIng the eXisting stairs
(as such appears 10 not eXist per the proposed site plan Sheet 4/14, where new stairs and an
elevator are being added to thiS bUilding) Note There are no bUilding plans nor permIt submittal
to remodel thiS bUilding as Indicated - second floor balcony/walkway removal, stair removal, new
stairs and new elevator)
Sheet 5/14 - Unclear why plans Indicate the storage cabanas on the west Side are to be accessed Not Met
from the proposed boardwalk, yet the boardwalk IS not shown to butt up to the storage cabanas
Revise
10/21/2005
CaseCondltons
Print Date 10/28/2005
Page 4 of 4
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Conditions Associated With
BCP2005.08579
500 MANDALAY AVE
The followmq reviews are still pendin~:
BUIlding Review
Mechanical Review
Plumbing Review
Name
Corey O'Neil
Corey O'Neil
Corey O'Neil
Phone
562-4567x2573
562-4567x2573
562-4567x2573
Dept
Development Services
Development Services
Development Services
The followmq conditions must be satisfied before the permit can be processed. Status
C OF 0 CONDITION - ZONING Wayne Wells, AICP 727 -562-4504
10/24/2005 Comply with the conditIon of approval under FLD2004-09068 "That a condominium plat be Not Met
recorded prior to the Issuance of the first CertifIcate of Occupancy:'
Electrical Review Ralph Rowe 562-4565
10/18/2005 1 Pages E-5 2 01 thru E-5 2 03 states these unIts are condo sUites Installation of smoke detectors Not Met
will need to comply with NFPA- 72 chap 11 No smoke detectors shown outside bedrooms
10/18/2005 2 PageE-5 2 02 SUite 2~B shows electrical panelm closet, this IS no good per art 240-24- D Not Met
NEC Please address
10/18/2005 3 Page E-5 2 03 SUite 2-E same situation as Item # 2 Please address
10/18/2005 4 Page E-6 0 01 shows service conductors 104.000 amp Main # 1 as 11 sets of 500 mcm
AL Amplclly of conductors must be equal to or greater than Main amplclty per art 240-4-8-3
NEC Please address
10/18/2005 5 Page E-6 0 022,000 amp Main # 2 has same condition as Item # 4 Please address
10/18/2005 6 Page E-6 0 01 GEC for X- formers must be Sized per art 250-66 NEC based on derived
phase conductor per art 250~30-A-2-a NEC Please address
10/18/2005 7 Page E-6 001 shows panel H7B as 225 amp panel Page E-10 0 07 shows panel H7B as 100
amp panel Please address
10/18/2005 8 Page E.6 0 01 shows panel H7B fed from 4,000 amp Main #1 Page E-10 007 shows panel
H7B fed from panel H3AD Please address
10/18/2005 9 Page E-6 0 01 shows panel H3NE fed from NEHDP 150 amp feeder and breaker Page
E-1 0 0 08 shows panel H3N E as 100 am p Please add ress
Engineering ReView
Don Melone
562-4798
08/19/2005
See site permit BCP2005-05442 for all sIte conditions
Fire ReView
562-4327
09/02/2005
Leonard Rickard
Codes listed are the wrong edition Show changes In Code schedule,
1 NFPA 132002 REQUIRED
2 NFPA 142003 REQUIRED
3 NFPA 72 2002 REQUIRED
4 NFPA 90A 2002 REQUIRED
5 NFPA 962001 REQUIRED
6 NFPA 102002 REQUIRED
Add to General Notes" FIre sprinkler & standpipe systems Will be Installed and operational as
bUilding rises Fire water supply must be available for construction to begin or continue"
09/02/2005
Print Date 1 0/28/2005
Page 1 of 4
Not Mel
Not Mel
Not Met
Not Met
Not Mel
Not Met
Not Met
Not Met
Not Met
Not Met
CaseCondltons
...
BCP2005-08579
500 MANDALAY AVE
The followmq reviews are still pendmq
,
BUilding RevIew
Mechanical Review
Plumbing Review
Dept
Development Services
Development Services
Development ServIces
Name
Corey O'Neil
Corey O'NeIl
Corey O'Neil
Phone
562-4567x2573
562-4567x2573
562-4567x2573
Fire Review
09/02/2005
09/02/2005
09/02/2005
09/02/2005
09/02/2005
09/02/2005
09/02/2005
09/02/2005
09/02/2005
09/02/2005
09/02/2005
09/02/2005
09/02/2005
09/02/2005
09/02/2005
Leonard Rickard
562-4327
Site plan shows an Island spliting Baymont Street ThiS Island must be removed to provide Fire Not Met
apparatus access A minimum width of 20' required
Page A 1 2 01 the maximum travel dIstance allowed In Parking Garages IS 200' (NFPA Not Met
101,42826) 350' IS listed
A1 202 Maximum travel dIstance allowed In assembly occupancys or areas IS 250' (NFPA Not Met
101,12 2 6)
A1 203, A1 204, A1 205, A1 206 Maximum travel distance allowed In hotel occupancy IS 200' Not Met
(NFPA 101,28 2 6 3 3 1 and 28 2 6 3 3 2)
All walls In Fire Command Room must be fire rated Not Met
Sta Ir slgnage In accordance with N F P A 1 01 ,7 2 2 5 4 requIred Show details N at Me t
StaIr #5 appears 10 be a sCissor stair By decree of the Fire Marshal, SCISSor stairs are not allowed Not Met
to be bUill Change design
A7 1 01 PIckets In stair guards and guardrails must be less than 4" apart so that a 4" sphere Not Met
cannot be passed through
Stair 7 Riser height to be a maxImum of 7" plan shows 705" Not Met
Stair #6 Tlser height to be a maximum of 7" Plan shows 7 1" Not Met
Change General Notes on page A6 1 01 to relect 2003 NFPA 101 Requirements for Interior wall Not Met
and ciellng finish as follows
1 Hotel EXits Class A or B
Lobbies and comdors Class A or B
Other spaces Class A,B or C
2 Assembly EXits Class A or B
COrridors Class A or B
Other spaces Class A or B
3 BUSiness EXits Class A or B
COrridors Class A or B
Other spaces Class A,B or C
4 Garage EXits Class A or B
Corridors Class A,B or C
Other spaces Class A,B or C
F Ire Com m and Room must be eq u iped I n accordance with 2003 N F P A 1 01 ,11 8 5, Show Not Met
EqUipment on plan pag~ E2 201
I
Add Illonal smoke detectors are req u I red In the su lies N F P A 1 01 requ I res detectors be I nstalled In Not Met
I
sleeping areas and In liVing areas
PrOVide fire flow calculations by a FIRE PROTECTION ENGINEER to assure proper water supply Not Met
for project
NOTE - Please cloud any/all changes on the plans before returning them for re-revlew - Provide a Nol Met
response letter listing the responses to comments, and giving the location of the correction on the
CaseCondllons
Print Date 10/28/2005
Page 2 of 4
j;;, 4
BCP2005-08579
500 MANDALAY AVE
Dept
Development Services
Development Services
Development Services
Phone
The following reviews are still pendinq:
BUilding Review
Mechanical Review
Plumbmg Review
FIre Review
Stormwater Review
Name
Corey O'Neil
Corey O'Neil
Corey O'Neil
562-4567x2573
562-4567x2573
562-4567x2573
plans
Jason Kinney
562-2604
09/04/2005 site permit bcp2005-05442
Not Met
562-4764
Traffic Review Mark Crellin
See site permit BCP2005-05442 for all site conditions
Not Met
Zoning Review Wayne Wells, AICP 727-562-4504
10/24/2005 Sheet A 0 0 02 - BUlldmg Design Data, BUilding Height is listed as 100'-11" Unclear the pOint of Not Met
reference for measurement of height Indicate height from BFE (COB approved a bUlldmg height
from BFE of 95 feet)
10/24/2005 Sheet A 0002 - Room Designation and Square Footage Chart states there are 244 rooms, Not Met
however, there are eight lockout rooms, which pushes the total to 252 rooms Need to Indicate
these lockout rooms on Floors 7 and 8 as rooms available to be rented and to indicate the total
number of rooms to be 252
10/24/2005 Approval of FLD2004-09068 Included a Beach Club Plans do not Indicate such Has the Beach Not Met
Club been eliminated?
10/24/2005 Sheets A-1 304, A-1 305, A-1 306 and A-1 307 - ReVise total room count for Floor 3 from 28 to Not Met
26 and for Floor 6 from 54 to 56
1 0/24/2005 Sheets A 2 1 01, A2 1 01 A. A 2 1 02 - PrOVide dimensions for bu lid I ng helg ht from B F E to roof Not Met
deck and height from roof deck to all parts of roof structures/parapets
10/24/2005 Explam the purpose for the garage door on the north side of the ballroom (on first floor) and how It Not Met
Will function with regard to Ambler Street (a public rlght-ot-way)
10/24/2005 Sheets A-1 415 and A-1 416 - Provide explanation as to why Floors 7 and 8 need to comply with Not Met
all Fair HOUSing Act requirements?
10/24/2005 PrOVide exterior colors of bUilding (paint samples/chips, including canvas roof matenal) Not Met
10/24/2005
10/24/2005
10/24/2005
10/24/2005
Sheets A 2 1 01, A 2 1 01A and A 2 1 02 - Unclear ot matenal for shaded areas on ground floor Not Met
(garage level) Indicate on plans
Sheet M-5 1 02 - What color Will the cooling tower be painted, since It IS partially above the Nol Met
pitched parapet roof structure?
Lockout rooms on Floors 7 and 8 - PrOVide an explanation as to how these Will function and the Not Met
locking mechanisms on the connecting doors
Comply with the condition of approval for FLD2004-09068 "That no hotel rooms/units be deemed Not Met
attached dwellings with mdlvldual dwelling units, nor shall rooms/units qualify for homestead
exemption or home or bUSiness occupational licenses At the request of the City Manager or
deSignee, the records of the bUSiness shall be made available for examination to determine
whether the length of stay complies With these provIsions Failure to provide such records upon
request shall be grounds for Imposition of appropriate fines, revocation of the occupallonalllcense
CaseCondltons
Pnnt Date 10/28/2005
Page 3 of 4
""
The followmq reviews are still pendinq:
Building Review
Mechanical Review
Plumbing Review
BCP2005.08579
500 MANDALAY AVE
Dept
Development Services
Development Services
Development Services
Name
Corey O'Neil
Corey O'Neil
Corey O'Neil
Zonmg Review Wayne Wells, AICP 727-562-4504
and/or any other enforcement afforded by law or by City regulations,"
Pnnt Date 10/28/2005
Page 4 of 4
Phone
562 -4567 x2573
562-4567x2573
562-4567x2573
CaseCondltons
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Conditions Associated With
BCP2005-08421
470 MANDALAY AVE
~io~
The following reviews are stili pending:
BUilding Review
Mechanical Review
Plumbing Review
Dept
Development Services
Development Services
Development Services
Name
Corey O'Neil
Corey O'Neil
Corey O'Neil
Phone
562-4567x2573
562-4567x2573
562-4567x2573
The following conditions must be satisfied before the permit can be processed Status
C OF 0 CONDITION - ZONING Wayne Wells, AICP 727-562-4504
10/18/2005 Com ply with the cond Itlon of ap proval on FLD2004-09068 by the Com m unity Develop ment Board Not Met
"That, prior to the Issuance of the first Certificate of Occupancy, traffic Impact fees be assessed
and paid,"
10/18/2005 Comply with the condition of approval on FLD2004-09068 by the Community Development Board Not Met
"That a condominium plat be recorded prior to the Issuance of the first Certificate of Occupancy,"
Electncal Review Ralph Rowe 562-4565
10/17/2005 1 Page EO 03 shows 4,000 amp tenant Mam with 500 mcm AL equipment ground In secondary Not Met
condUlts,500 mcm AL to small for 4,000 amp per art 250-122 NEC Please address
10/17/2005 2 Page EO 03 shows generator EM fed to ATS feeding panel EDP, eqUipment ground shown 2/0 Not Met
AL 2/0 AL to small for 1,000 amp per art 250-122 NEC Please address
10/17/2005 3 Page EO 03 shows GEC and Bond Jumper as 2/0 copper to 4,000 amp tenant Main 2/0 Not Met
copper to small per art 250-66 NEC Please address
10/17/2005 4 Page E5 04 shows electrical panel and media panel In what appears to be a rated seperatlon Not Met
wall, thiS IS no good per sec 705 FL Bid code Please address C units
10/17/2005 5 Door hardware In Mam electrical room will need to comply with art 11 0-26-C-2 NEC Not Met
562-4798
Englneenng RevIew Don Melone
08/15/2005 See site permit BCP2005-05442 for all site conditions
Fire Review
08/28/2005
08/28/2005
08/28/2005
08/28/2005
08/28/2005
08/28/2005
Not Met
Leonard Rickard
562-4327
Show that NFPA 142003 edition IS to be used for fire standpipe system as reqUired by FI Fire Not Met
Prevention Code
Show that NFPA 242002 edition IS to be used for private fire mains as reqUired by FI Fire Not Met
Prevention Code
Show on FP 1 01, 1 02 and 1 03 that FDC IS 15' from bUilding and IS within 40' of a fire hydrant Not Met
dedicated to the fire systems thiS hydrant IS m addition any hydrants needed for flreflghtlng
purposes
Provide Fire Flow Calculations by a FIRE PROTECTION ENGINEER to assure adequate water Not Met
supply for project
Door for stair # 6 on 2nd floor must SWing In direction of egress and not Into garage Show Not Met
changes on all pages affected
NOTE - Please cloud any/all changes on the plans before returning them for re-revlew - Provide a Not Met
response letter listing the responses to comments, and giving the location of the correclion on the
plans
CaseCondltons
Print Date 10/28/2005
Page 1 of 4
"
BCP2005-08421
470 MANDALAY AVE
Dept
Development Services
Development Services
Development Services
Phone
562-4567x2573
562-4567x2573
562-4567x2573
The following reviews are stili pending.
BUilding Review
Mechanical Review
Plumbing Review
Name
Corey O'Neil
Corey O'Neil
Corey O'Neil
FIre Review
08/28/2005
09/02/2005
09/02/2005
09/02/2005
Leonard Rickard
562-4327
Show that water flow detection devices are to be Installed as part of the Fire Alarm System on all
levels of bUilding
The maximum travel distance to an eXit In parking garages IS 200'
Not Met
Not Met
Sign age In accorda n ce with N FP A 1 01, 7 2 2 5 4 s h a II be In stall ed In stairways Show detail s of
slgnage In plans
Stairs are required to discharge directly to the outside Change stair # 2 to show this NFPA
101,7235
Not Met
Not Met
562-2604
Stormwater Review Jason Kinney
09/04/2005 must resolve conditions and receive approval for BCP2005-o5442
Not Met
562-4764
TraffiC Review Mark Crellin
08/26/2005 See site permit BCP2005-05442 for all site conditions
Not Met
10/18/2005
Zoning Review Wayne Wells, AICP
727 -562-4504
10/18/2005
10/18/2005
10/18/2005
10/18/2005
10/18/2005
10/18/2005
The cabanas on the ground floor on the west side must be used for storage only, In compliance Not Met
With all Federal Emergency Management Administration (FEMA) rules and gUidelines EVidence
of this restnctlon of use, embodied In condominium documents, homeowner's documents, deed
restnctlons or like forms, shall be submitted to the BUilding OffiCial prior to the Issuance of the first
Certificate of Occupancy
Unclear why an electric outlet IS being prOVided In the storage cabanas on the west Side of the Not Met
bUilding, Since It to be used for storage only and IS located In a flood zone
Unclear where the electric meters are proposed for the condominium common areas and the Not Met
retail tenants If located on the ground floor, show the location on the plans and Indicate/show the
location of any platforms required under the Electnc Code and FEMA codes necessary to allow
Progress Energy personnel to read the meters
Sheet A 1 3 02 - Indicate the bUilding setback to the common property line of the outparcel (west Not Met
side of outparcel, east side of subject parcel)
Sheet A 1 4 03 ~ South side of the bUilding, the sidewalk does not appear to be shown In the Not Met
proper location, as IllS shown adjacent to the street parking curb rather than adjacent to the
property line The area next to the parking spaces In the nght-of-way IS supposed to be
landscaped
Sheet A 2 1 01 - ProVide a dimenSion from BFE to the top of the roof deck and proVide Not Met
dimenSions to top of tiled parapet
Sheet A 2 1 04 - North elevation - PrOVide the details of the north facade of the first two floors of Not Met
the retail/Tower II portion of the bUilding Hopefully, It IS not proposed to be a flat, blank wall
VISible to the the adjacent property and the travelling publiC along Mandalay Avenue
CaseCondllons
Print Date 1 0/28/2005
Page 2 of 4
BCP2005-08421
470 MANDALAY AVE
The followlnq reviews are still pending:
Building Review
Mechanical Review
Plumbing Review
Dept
Development Services
Development Services
Development Services
Name
Corey O'Neil
Corey O'Neil
Corey O'Neil
Phone
562-4567x2573
562-4567x2573
562-4567x2573
Zomng Review
10/18/2005
10/18/2005
10/18/2005
10/18/2005
10/18/2005
10/18/2005
10/18/2005
10/18/2005
Wayne Wells, AICP
727-562 -4504
Above the retail storefronts It appears to Indicate a decorative feature It IS listed on vanous sheets Not Met
differently and It would be extremely helpful to have this feature Identified one way on all sheets
On Sheets A 2 1 02 and A 2 1 03 It IS listed as "aluminum shutter" On Section 1 on Sheet
A 3 0 02 It IS listed as "decorative awning" Sheet A 1 3 02 lists them as "louvers" Sedons 1 & 2
on Sheet A 51 03 lists them as "flush mounted decorative awning"
Additionally, these decorative features look more of an Industnal grating being flush mounted to
the bUilding, rather than something "decorative" The louvers around the parking garage appear
to be "decorative," even though no details have been provided These decorative features also
bear no relationship to the rest of the bUilding ReVise these decorative features to be consistent
With the parking garage louvers In character, so there IS some element of cohesiveness of deSign
The angled decorative awnings above the retail storefronts are indicated In section not to project Not Met
beyond the property line, yet they are shown to project over the property line Into the right-of-way
at least on Sheet A 1 2 02 W hat IS the reality of what IS be I ng proposed, as the drawl ngs I nd Icate
two different things?
Sheet S1 34 - Slab does not appear to provide for the spa west of the pool Not Met
Comply With the condition of approval on FLD2004-09068 by the Community Development Board Not Met
"That, prior to Issuance of any site development bUilding permits, the applicant compensate the
City for the five lost street parking spaces at $4550 00 per space,"
Comply With the condition of approval on FLD2004-09068 by the Community Development Board Not Met
"That all Parks and Recreation fees be paid pnor to the Issuance of any permits, as provided by
the Development Agreement,"
Comply With the condition of approval on FLD2004-09068 by the Community Development Board Not Met
"That all applicable requirements of Chapter 39 of the BUilding Code be met related to seawall
setbacks,"
Comply With the condition of approval on FLD2004-09068 by the Community Development Board Not Met
"That prior to Issuance of permits for any eXisting or proposed structures west of the Coastal
Construction Control Line (CCCL), the applicant submit a copy of the FlOrida Department of
EnVironmental Protection approval for that construction west of the CCCL,"
There are many changes on these plans from the plans approved by the Community Not Met
Development Board (COB)
a OutSide dimenSions or shape of the bUilding has changed With many units, as to the location of,
or Size of, balconies and Windows,
b Tenant storage units on the second floor of the parking garage have been eliminated,
c With the elimination of the second floor tenant storage Units from the west Side of the parking
garage, lhe ground floor storage cabanas have a shed-type roof structure topped With a standing
seam metal roof, which bears no relationship to other roofing matenals and IS inconsistent With
original deSign,
d BUilding elevations for the reSidential tower (Sheets A 2 1 01 - 04) have completely changed
the character of the facade from that approved by the COB All facade elements of character,
Including arched elements, on the plans approved by the COB have been removed or modified
CaseCondllons
Pnnt Dale 10/28/2005
Page 3 of 4
BC P2005-08421
470 MANDALAY AVE
The folloWlnq reviews are still pendinq:
BUilding Review
Mechanical Review
Plumbing Review
Dept
Development Services
Development Services
Development Services
Name
Corey O'Neil
Corey O'Neil
Corey O'Neil
Phone
562-4567x2573
562-4567x2573
562-4567x2573
Zomng Review Wayne Wells, AICP 727-562-4504
significantly The roof structure has been completely modified Inconsistent with the smaller
reSidential tower (Tower II) and the hotel tower Unclear what the "circles" In the roof structure
relate to with the rest of the bUilding The bUilding appears as a "plain Jane" bUilding lacking
character, different than that approved by the COB,
e The Tower H has been modified to remove the third floor above the podium and has been
replaced with an open terrace faCing Mandalay Avenue (Sheet A 1 3 10) This has changed the
front facade and the look and shape of the roof structure,
f The roof of Tower II has apparently changed on the west side to Include a hipped-roofed
structure, not on the pia ns originally approved by the CDB (Sheets A 1 3 11, 1/ A 3 0 02 and
A 2 1 02),
g The Retail 2 configuration of the bUilding has been Significantly modified at the corner of
Mandalay Avenue and San Marco Street, eliminating the entry pOrtiCO and rather making the
bUilding come to a squared off corner (Sheet A 1 403),
h The facade of the retail portion of the bUilding has been significantly modified from that
approved by the COB All facade elements of character, Including arched elements, on the plans
approved by the CDB have been removed or modified Significantly The blJlldlnQ appears as a
"plain Jane" bUilding lacking character, different than that approved by the COB,
Must
1 ReVise the bUilding to be substantially conSistent With the building as approved by the COB, or
2 Must submit a list of all changes In the bUilding deSign and elevations to the Planning
Department to request these changes be considered "Minor ReVISions" Refer to Secllon 4-406 ot
the Community Development Code for those changes which may be considered "Minor
RevIsions" PLEASE NOTE, all such revIsions must ALSO comply With the condition of approval
on FLD2004-09068 by the COB "That the final deSign and color of the bUilding be conSistent With
the conceptual elevations submitted to, or as modified by, the COB" Changes not deemed to be
Minor ReVISions or those that do not comply With the above condttlon of approval Will reqUIre
approval of such changes by the COB, after public hearing and recommendation by the Planning
Department
CaseCondltons
Pnnt Date 1 0/28/2005
Page 4 of 4
',,"
io
~ 4-401
COMMUNITY DEVELOPMENT CODE
'-,
\,
J
Section 4-401. Purpose and applicability.
ThIS dIVISIon estabhshes the approval requITed
to commence development of a use In a zonIng
dlstnct whtch tS tdentIfied In that dIstnct as
reqUInng a Level '!\vo approval A Level '!\vo
approval IS granted by the commumty develop-
ment board, based on a recommendatIOn, of the
commumty development coordInator As WIth Level
One approvals, dependmg on the nature and
character of the use, the apphcatIOn may reqUITe
a SIte plan, plat approval, a traffic Impact study,
and/or a certIficate of concurrency capaCIty, as
part of Its apphcatIon for approval After a Level
1\vo approval IS obtaIned, a bUIldIng and an
occupancy pernnt are reqUIred, as well as any
reqUIred hcenses
Section 4-402. Apphcation.
An applIcant for a Level Two approval shall
submIt an applIcation In accordance With the
reqUIrements of section 4-202 (A) and (E) to the
commumty development coordmator who shall
revIew the apphcatlOn m accordance With the
reqUIrements of sectlOn 4-202 (C) and (D)
Section 4-403. Staff review, report and rec-
ommendation.
After the commumty development coordInator
has reVIewed the apphcatlOn With the develop-
ment reVIew commIttee In accordance WIth the
prOVISIons of section 4-202 (C) and (D), the coor-
dInator shall transmIt a wntten recommendation
to the communIty development board, or the
heanng officer, If apphcable, With a copy to the
apphcant, settmg forth recommended findmgs of
fact regardmg whether the apphcatlOn conforms
to the fleXibIlIty cntena m the zomng dlstnct ill
whIch the property IS located, proposed conclu-
SlOns of fact and law and recommended condItions
concermng the apphcatIon
Section 4-404. Community development
board deCISIOn.
Upon receipt of the recommendatIOn of the
commumty development coordmator, the commu-
mty development board shall reVIew the applIca-
tIon, the recommendatIOn of the commumty de-
velopment coordmator, conduct a quasl-JudlC131
Supp No 11
publIc heanng on the apphcatlOn In accordance
With the reqmrements of sectIOn 4-206 and grant
the approval, grant the approval subject to spec-
Ified conditIons or deny the applIcatIon for devel-
opment approval The reVIew and pubhc heanng
shall be held WithIn 33 workmg days after deter-
mInatIon of suffiCiency, unless the time frame IS
extended by mutual consent of the applIcant and
the City The community development board shall
render a deCISIOn not later than 70 days after the
ImtIal heanng unless the tune frame IS extended
by mutual consent of the applIcant and the city
The communIty development board shall attach
such conditions to the approval whIch are neces-
sary to ensure complIance WIth the apphcable
general and speCIfic fleXIbility reqmrements set
out In ArtIcles 2 and 3 lllcludmg the prOVISIOns of
sectlOn 3-911 ill regard to general standards for
approval condItIons
(Ord No 6526-00, ~ 1,6-15-00, Ord No 6998-02,
~ 4, 7-18-02, Ord No 7106-03, ~ 20, 9-18-03)
Section 4-405. Effect of a Level Two deci-
\
Slon.
Approval of a level two approval shall be deemed
to authonze only the particular use for whIch It IS
Issued and shall entitle the reCIpient to apply for
a bUlldIrlg pernnt or any other approval that may
be reqUll'ed by thIS development code, the city or
regIOnal, state or federal agenCIes Such approval
shall be evIdenced by a wntten development
order Issued by the commurnty development coor-
dmator that confirms the commurnty develop-
ment board's deCISIOn and shall be effective upon
the date of the board meetIng when the deCISIOn
was rendered
(Ord No 7106-03, ~ 21, 9-18-03)
Section 4-406. Changes to Level Two devel.
opment approvals.
A Mmor revtswns The commumty develop-
ment coordmator IS authonzed to allow mmor
reVisIOns to an approved Level Two approved
after receipt of comments from the development
reVIew committee A mmor reVISIOn IS one whIch
1 Does not alter the locatIon of any pnvate
street and/or dnveway by more than 20
feet
CD4 20
-",
)
DEVELOPMENT REVIEW AND OTHER PROCEDURES
~ 4-501
)
"
2 Does not change the use unless such change
IS of a sImIlar or less mtenslty, as deter-
mmed by the commumty development
coordmator
3 Does not m~rease the,densIty or mtensIty
1
of tne development
4 Does not result 'm a reductIOn of setback
or previously reqUll'ed landscape area
5 Does not result m a substantIal change to
the locatIon of a stru~ture prevIOusly ap-
proved
6 Does not result m a substantial modIfica-
bon or the cancellatton of any condltton
placed upon the appltcatlon as ongmally
approved I ,
7 Does not add property to the parcel pro-
posed for development
8 Does not mcrease the heIght of the bmld-
mgs m a manner that WIll change the
overall heIght of the project, WIll not alter
the scale of the project, does not exceed
the maxunum heIght penmtted m by the
apphcable speCIal area plan and zonmg
dlst~ct ~ 1
9 Any other mmor reVISIOn that does not
substantIallYialter the character and de~
SIgn of the project
BOther remswns Any other adjustments or
changes not spectfied as "nnnor" shall be granted
only m accordance WIth the procedures for ongI-
nal approval
Wrd No 7106-03, 9 22, 9-18-03)
Section 4-407. Expiration of a Level Two ap-
proval.
Unless otherwIse spectfied m the approval, an
apphcatIon for a bmldIftg permIt shall be made
WIthm one year of the date of the Level Two
approval, and 'all reqmred certIficates of occu-
pancy shall be obtamed wItlnn two years of the
date of Issuance of the InItIal bUlldmg pernnt
PermItted trme frames do not change WIth succes-
SIve owners An extenslOn of tIme to Imtlate a
bmldmg pernnt may be granted by the commu.
ruty development coordmator prOVIded It IS for a
penod not to exceed one year, IS for the project
Supp No 11
ongInally approved and prOVIded good cause IS
shown and documented m wntmg wIthm the
ongmal penod of vahdIty The commurnty devel-
opment coo'rdmator may also comhder whether
slgrnficant progress on the project IS bemg made
and whether 1?r Ifot tqere are pend}p-g 9li ,approved
Code amendments whIch would sIgmficantly af-
fect the project :The commumty development board
may approve one addttIonal extenSIOn of tIme
after the commumty development coordmator's
extenSIOn to IllItl~te a bmldmk permIt apphca-
bon Sitch extenslOn shfill not exceed one year,
shall be for tlie project ongmally appro~ed and
t ~....r II
shall be for good cause shown 'and documented m
wntmg The commumty devef6pDieht board must
receIve the request for thIS extenslOn wIthm the
f \ of J ~f """"..II 1. ~) ~
one-year penod of valIdIty after the ongmal ex-
tenSIOn approved by the commumty development
coorq,mator Good ~auses may lllclude hut are not
lmnted tQ an unexpected nattonal cnSIS (acts of
war, Slgntficant downturn m the natIOnal econ-
omy, etc ), exceSSIve weather-related delays, and
the hke In the event a project IS governed by a
development agreement, the tImeframes estab-
~ '\ "'1 \ J'
hshed m the agreement shall supercede these
"'\ ~ ~ ~p .(
requIrements The commumty development board
.. I I P \ l
may also ~9l}stder whe~!'lr ~IgDJficant pr?gress on
the project IS bemg made and whether or not
ther~ are p'end~n~ 9r approved Cqde amendments
wluch would slgmficantly affect the project Amend-
ments wluch WIll reqUITe no or mIllor amend-
ments (a~ 'prOVIded by sectIon 4~406 A) may be
>:J - ,
approved Amendments whIch wIll reqrnre a ma-
Jor reVISIon to the stibJect' prOject shall be reqUired
, ~ ~ ( J
to b;e approved a~ part of a, new l-<evel '!\vo
apphcatlOn Transfer of development I1ghts are
exempt from thIs prOVISIOn
(Ord No 6526-00, 9 1,6-15-00, Ord No 7106-03,
~ 23, 9-18-03) ,
DMSION 5 APPEALS
Section 4-501. Authority and purpose.
A The commumty development board has the
authorIty to hear appeals from
1 AdmmlstratIve mterpretatlOns of tlns de-
velopment code
CD4 20 1
EXISTING ZONING/
LAND USE:
PROPERTY SIZE:
PROPERTY USE:
ADJACENT ZONING/
LAND USES:
embellIshments), a reductIOn to reqUired parkmg from 456 spaces to
431 spdces dlld devlahons to allow stacked parkmg and bUlldmgs
wIthm the vlslblhty tnangles, as a Comprehensive In fi 11
Redevelopment ProJect, under the provIsIOns of SectJon 2-803 C,
and to ehmmate the reqUIred foundation landscapmg along
Mandalay Avenue and San Marco Street, as a Comprehensive
Landscape Program, under the provIsions of SectIOn 3-1202 G, (2)
Prelumnary Plat approval (PL T2004-00016) for four lots, (3)
Comprehensive Sign Program approval, under the provIsIOns of
SectIon 3-1807 (SGN2004-09020) ,and (4) the vacatIOn of Beach
Dnve (North Gulf view Boulevard) between San Marco and
Baymont Streets
TOUrist (T) and Open SpacelRecreatlOn (OSR) Dlstncts, Resort
FacilItIes HIgh (RFH) and RecreatIOn/Open Space (RlOS)
Categones
9 77 total acres (hotel site 7 36 acres [3 69 acres zoned T Dlstnct,
367 acres zoned OS/R Dlstnct], residentIal/retail SIte 241 acres)
Current Use Clearwater Beach Hotel and retaIl sales
Proposed Use Mixed use (253 overrught accommodatlOn umts at
68 56 rooms/acre on hotel portIOn of site and a height of 100 feet,
119 attached dwellmgs at 49 37 umts/acre on resldentJallretaIl
portIOn of site and a heIght of 150 feet and 11,000 square feet of
retaIl sales and servIces at aFAR of 0 105 on resldentJallretall
portIOn of site)
North Touftst and Open SpacelRecreatlOn DIstncts, Re?taurant and
overnIght accommodatIOn uses
East High DenSity Residential and Tounst Dlstncts, Attached
dwellmgs and retml sales and serVIces
South Tounst Dlstnc1, Retail sales and servIces and attached
dwellIngs
West Open SpacelRecreatIon and PreservatJon DiStrIcts, Gulf of
MeXICO
CHARACTER OF THE
IMMEDIATE VICINITY: Attached dwellmgs, tounst-type retall sales and servIce uses,
restaurants and overnight accornrnodatJon uses dommate the
surroundmg area
Staff Report - Commumty Development Board - December 14,2004
Cases FLD2004-09068/P L T2004-000 16/SG N2004-09020
Page 2 of 14
ANAL YSlS:
Site Location and Existing Conditions: The 9 77 total acres (hotel sIte 7 36 acres [3 69 acres
zoned T Dlstnct, 3 67 acres zoned OSfR Dlstnct], resIdentIal sIte 2 41 acres) IS located on the west
side of Mandalay Avenue between San Marco and Ambler Streets It IS located along a hIghly
developed area wIthm Clearwater Beach and has frontage along the Gulf of MexIco The sIte IS
located wlthm the DestmatlOn Resort DIstnct of Beach By Design, which represents the pnmary
opportumty for near~tenn redevelopment on Clearwater Beach because of the relatIve strength of
the Hilton and the Clearwater Beach Hotel and the opportUnIty for beachfront resort development
WIth dIrect beach access The preferred fonn of rcdevelopment for this area IS mixed use With
resort residential and hospitality uses frontmg on the Beach and retail, restaurant and reSidentIal
uses frontmg on Mandalay A venue
The overall site IS currently developed With a total of 157 overnIght accommodatIOn rooms and
approxImately 16,390 square feet of commercIal space frontmg on Mandalay Avenue While there
are smaller two- to three-story overnight accommodatIon bUlldmgs along Beach Dnve, the bulk of
the overnIght accommodatIOn rooms are north of Baymont Street m the Clearwater Beach Hotel
Both surface parkmg and garage parkmg under bUlldmg are provided for the hotel All eXlstmg
Improvements (bUIldmgs, pavement, walkways and decks) Will be removed as part of the SIte's
redevelopment, With the exceptIOn of portIOns ofbUlldmgs north ofBaymont Street proposed to be
reused as part of the proposed hotel
In 2003, the Commumty Development Board (CDB) approved a TermmatlOn of Status of
NonconformIty With two conditIOns for the eXlstmg Clearwater Beach Hotel relatmg to denSity
(137 rooms, where only 131 IS allowed) and parkmg (98 eXlstmg spaces, where 137 spaces IS
reqUIred), for the purpose of releasmg a UnIty of Title to redevelop the property south of Baymont
Street (FLD2003-06026, approved August 19, 2003) Also III 2004, the CDB approved FleXible
Development and ComprehenSIve Sign Program apphcatIons WIth one condItIon for the
Clearwater Beach Hotel to be able to retdIn their eXlstmg sIgnage (FLD2003-12068/SGN2003-
10020, approved January 20, 2004) All eXlstmg slgnage wIll be removed as part of the site's
redevelopment
The property to the south hds been redeveloped mto two hlgh-nse attached dwellIngs (Mandalay
Beach Club) Property to the south along Mandalay A venue IS developed WIth tounst commercial
uses Property to the east, south of Baymont Street, IS also developed WIth tounst commercIal
uses North of Baymont Street, thc Belle Hdrbor attached dwellIngs development With two hlgh-
nse towers and townhomes IS still under consh uchon Property to the north IS developed WIth a
restaurant and overnight accommodatIOn uses, With commercIal uses along Mandalay Avenue
The beach and Gulf of MexIco IS to the west ofthc subject property
Proposal: The proposal mcludes a mixed use of a 2S3 overnIght accommodatIOn umts (at a
denSity of 68 S6 rooms/acre on the hotel portion of site and a height of 100 feet), 119 attached
dwellmgs {at a denslty of 4937 umts/acre on Icsldentlal/retml portIon ofslte and a heIght of 150
Sian Report - Community Development BOal d - December 14, 2004
Cases FLD2004-09068/PL T2004-000 16/SGN2004-09020
Page 3 of 14
feet) and 11,000 square feet of retail sales and services (at a FAR of 0 105 on the resIdentIaVretatl
portion of SIte) The northern portIOn of the Site IS proposed, to be redeveloped WIth a 253-room
hotel The southern portIOn of the SIte IS proposed to be redeveloped with 119 attached dwellmg
UnIts m two bmldmgs and 11,000 square feet ofretdll sales and servIces space located on the west
Side of Mandalay Avenue north of San Marco Street The overall project density and mtensIty IS
bemg derIved through the followmg
. 137 rooms for the hotel are a result of the TermmatIOn of Status of Nonconformity
approved In 2003 for the eXIstmg Cleal water Beach Hotel,
. 141 rooms for the hotel are being requested from the Beach bv DeSIgn density pool,
The above represents a maxImum potential of278 rooms/unIts, of which the project
proposes 253 rooms/u111ts Thc remainIng 25 rooms/u111ts are proposed to be
converted to 11,000 square feet of retaIl uses Any unused denSity pool rooms/umts
Will be returned to the CIty
. 72 dwellmg UnIts are penmtted based on the maXimum denSIty of 30 dwellIng umts per
acre on the southern 241 acres devoted to reSidential development,
. 48 dwellmg UnIts are per the allocatIOn ofthe Gray Settlement agreement (see Sheet 1 of
15 of the CIVil SIte Plan set for greater clan ficatIon as to denSIty calculatIOns). and
The above represents a maximum potential of 120 dwelhng umts, of whIch the
project proposes 119 dwelhng UnIts
. 11,000 square feet of commercial floor area, based on a converSIOn of eXIstmg hotel rooms
to floor area permitted
ThIS project IS bemg reVIewed as one overall SIte, even though Baymant Street separates it
DenSities for the hotel and reSIdential portions of thIS proposal exceed the maximums of 40
rooms/umts per acre for overnight accommodatIOn uses and 30 dwelll11g umts per acre respectIvely
due 10 the Gray Settlement and denSIty pool rooms DenSIty calculatIons for the hotel portIOn of
the SIte IS based on the 3 69-acre area zoned Tounst DIstnct (an addItional 3 67 acres IS zoned
Open SpacelRecreatIOn DIstnct) Any unuscd denSity rooms/umts for the hotel Will be returned to
the City's denSIty pool as descnbed 111 Beach by DeSign The proposal blends prOVided parkl11g
across the overall SIte
The hotel portlOn of the proposal will be located on the west Side of Mandalay Avenue between
Baymont and Ambler Streets Thc hotel Will be dccessed from Baymont Street by two dnveways
The eastern dnveway accesses the porte cochere, With Its valet and taXI stagl11g area The western
dnveway accessed the garage parkmg area under the bmldmg PrOVISIOn of these two dnveways
Will remove the eXlstmg five on sheet parkmg spaces from the north SIde of Baymont Street
Garage parkmg under the bUIlding IS also accessed from Ambler Street A truck loadmglunloadmg
and trash area IS also accessed from Amblcr Street An eXIstmg pedestnan easement prOVides
contmued publIc access to the beach through the garage parkmg area as an extenSIOn of Ambler
Street
The hotel IS proposed to be located elght feet from the Mandalay Avenue front property hne and
five feet from the Ambler Street front property lllle The hotel bUlldmg IS proposed to be located
33 feet from the Baymont Street front property lllle The drive to the porte cochere IS proposed 6 9
Sla ff Reporl - Commum ty Development Board - December 14, 2004
Cases FLD2004-09068!PL Tl004-000 16/SGN2004-09020
Page 4 of 14
feet from the Mandalay Avenue tlOl1t property Ime A waterfall feature will extend mto the
Mandalay Avenue nght-of-way, requlflng the developer to obtam a nght-of~way utIlIzatIOn permit
pnor to the Issuance of any permits The proposed hotel bUlldmg and parkmg IS proposed wlthm
one-foot of the sIde (north and east) property hnes north of Ambler Street The proposal also
mcludes a reductlOn, pursuant to Section 3-905, to the SIde,. (west) setback from the Coastal
ConstructIon Control Lme (CCCL) from 10 feet to zero feet, to allow constructlOn of the new
bUlldmg at the CCCL The proposal mcludes the constructlOn of a portIon of the pool and pool
deck west of the CCCL and the reuse and renovatlOn of portlOns of eXIstmg hotel bUIldmgs m the
northwest and southwest areas of the hotel Sltc that are west of the CCCL The northern bUlldmg
to be retamed WIll have event rooms and restrooms The southern bUIldmg WIll have a pool gnU
and restrooms The Flonda Department of EnVironmental ProtectlOn WIll be reqUIred to approve
of these structures (exIstmg or proposed) west of the CCCL, with eVidence of such approval bemg
submitted pnor to the Issuance of any pennlts All structures WIll be located wIthm the area zoned
Tounst Dlstnct
The resort hotel IS deSigned m a vernacular style of buIldmg wIth mne levels, at an overall heIght
of approximately 95 feet above BFE, With subnlllled plans showmg 253 rooms/umts The flat roof
IS deSigned wIth decoratIve mansard archItectural embellishments an additional 12 - 20 feet above
the roof deck to screen unSightly rooftop atr condltIomng UllItS and other mechamcal eqUIpment
The extenor of th~ bUlldmg Will be tan stucco, with off-white bandmg and accents, bronze ratls
and a patma green tile roof The lobby level (above the ground level parkmg garage) WIll proVIde
the hotel lobby, a spa/beach club/hcalth club, restaurant, lounge and ballroom Level 3 WIll
prOVide the upper level of the spa/beach club/health club and meetmg room space Level 4 WIll
prOVide 35 rooms, whlIe Levels 5, 6 and 7 will prOVide 56 rooms per floor Levels 8 and 9 wIll
proVide 25 rooms per floor, with the ability to sell the Ul1lts on these floors as condommmm hotel
UllIts Occupancy of any hotel umt by owners or guests WIll not exceed 30 days per stay A typical
hotel room by mdustry standards IS 360 square feet A standard room for the proposed hotel will
be approxllnately 450 square feet In addltlon, there wlil be extended rooms and one and two
bedroom SUites rangmg from 550 to 1,300 square feet
The resIdentIal/retml portion of the proposal will be located on the west Side of Mandalay Avenue
between Satl Marco and Baymont Streets The reSidentIal/retail garage parkmg WIll be accessed
from one dnveway on Baymont Street dnd one dnvcway on San Marco Street An eXIstlllg
dnveway on Mandalay Avenue will be elimmated, 1I1creaS1l1g the on street parkmg by three spaces
on Mandalay Avenue ProvIsIOn of the dnveway on San Marco Street will remove three on street
parkmg spaces ThiS portIOn of the site ll1cludes the proposed vacatlOn of Beach Dnve Pedestnan
access to the beach Will be mmntaIned through both San Marco and Baymont Streets
The reSidential/retail bUIldmg IS proposed to be located at the front property hne of Mandalay
Avenue and San Marco Street (zero-foot setback) The placement of these one-story retml uses
next to the SIdewalk WIll proVide a more VIbrant and pedestnan fnendly environment for shoppers
and vISitors The proposal mcludes three levels of attached dwellmgs (eondommmms) above the
retail uses m a smaller bUIldmg a total of 48 5 feet from BFE to the flat roof deck, With an
addltlOnal 8 - 12 feet for decorative mansard architectural embellishments to screen unsightly
rooftop air condlttonmg umts and other mechalllcal eqUIpment The resIdentlal/retml bmldmg IS
Staff Report - Community Development Board - December 14, 2004
Cases FLD2004-09068/PL T2004-000 16/SGN2004-09020
Page 5 of 14
proposed to be located 18 feet from the Baymont Street front property lme The proposal also
mc\udes a reduction, pursuant to SectIOn 3-905, to the sIde (west) setback from the Coastal
ConstructIOn Control Lme (CCCL) from 10 feet to zero feet, to allow constructIOn of the new
bUIldmg at the CCCL On the first floor of the parkmg garage 19 storage umts for the
condommIUm reSidents IS proVided accessible from and facmg the beach On the second floor of
the parkmg garage 100 tenant storage umts are proposed on the beach sIde of the bmldmg The
podIUm level (Level 3) wIll mclude a pool for the reSidential umts and will be landscaped wIth a
vanety of shrubbery, ground covers and trees lD planters A second resldenttal bUlldmg IS
proposed south of Baymont Street wIth 13 levels of attached dwellIngs (condommlUms) ThIS
reSidential tower IS proposed approximately 150 feet above BFE to the flat roof deck, WIth an
additIOnal 12 - 18 feet for decoratlve mansard archItectural embellIshments to screen unSightly
rooftop aIr conditIOnIng umts and other mechanIcal eqUIpment The Planmng Department
detenmned that, Since thIS IS bemg reVIewed as one umfied Site, the mcreased heIght above 100
feet could be applIed to the residenttal tower Residenttal umts will range from 1,600 to 4,200
square feet m size The extenor of these bmldmgs will be shortbread stucco, wIth Dover whIte
and camelback accents, lattIce and tnm, bronze raIls and a patma green tile roof
The proposal complIes with the mtent of the DestinatIon Resort Distnct of Beach by DeSign by
providmg a mixed-use prOject with resort reSidential and hotel uses frontmg on the beach and
retml and resldenttal uses frontmg on Mandalay Avenue The proposal also IS m comphance with
the deSign gUIdelines B 2 and B 3 of Beach by DeSign on pages 57 and 58 The Mandalay Beach
Club proVides two towers over 100 feet wlthm 500 lmear feet, whIch met Optton I on page 58
The residenttaI tower closest to Baymont Street IS the thud tower over 100 feet m height, WhICh
must meet Optton 2 on Page 58 The Imear dIstance from Papaya Street to Baymont Street IS less
than 800 feet ThIS now mtroduces a 40 percent sohd (60 percent open) bUlldmg envelop above
100 feet m B 3 The applicant has mdIcated that the project meets the maxImum 40 percent solId
envelop
In consideratIOn of the alloeatlOn of denSIty pool hotel rooms/umts, the developer is proposmg to
improve the City nghts-of-way fO! Mandalay Avenue, San Marco Street and Baymont Street
These Improvements mclude undergroundmg the utilIties on San Marco and Baymont Streets, new
curbs and sIdewalks, construction of Baymont Street and Mandalay Avenue to match other roads
Improved by the City and the mSldllatlOn of landscapmg and street furniture The developer has
estimated these Improvements to be $861,000 00
Parkmg for thiS proposal IS prOVided on an overall sIte baSiS There are 121 parkmg spaces
prOVided under the hotel bUIlding, which will mclude some stacked spaces for valet parkmg
There are two levels of parkmg on the reSidential/retail parcel The first level of parkmg will
prOVIde 160 spaces for the hotel, retal] and attached dwellmg (condommmm) use The second
level of parkmg will prOVide 159 spaces solely for attached dwelhng (condomlJ.11Um) use Parkmg
reqUIred for the overall SIte has been calculated as follows
. Resort hotel - Based on the parkmg demand study submItted and approved 1J.1 2003 as part
of the TenmnatIon of Status of NonconfoITmty for the eXlstmg Clearwater Beach Hotel, 98
parklJ.1g spaces are proVided for the first 137 rooms (ratio of 0 715 parkmg spaces per
SlaffReport - COnm1Ul1lty Development Soald - Oecember 14,2004
Cases FLD2004-09068/P LT2004-000 16/SGN2004-09020
Page 6 of 14
roomlumt) The remaining 123 rooms/umts are provIdmg the reqUIred one space per
room/umt
. Attached dwelhngs (condOmll11Ums) - ParkIng IS reqUired and provIded on the basIs of 1 5
spaces per dwelhng umt
. RetaIl Sales and Services - Code reqUIres five parkmg spaces per 1,000 square feet of
gross floor area Parkmg spaces for the retail area IS bemg proVIded at a ratIO of2 7 spaces
per 1,000 square feet based on the reasons stated below
The proposal Includes a reduction to the reqUired number of parkIng spaces from 456 to 431
spaces A Parking Demand Study has bcen submItted proVIding the Justlficatlon for the reductIOn
The proposed reductIon baSically centers on the retiul uses, where a ratlo of 2 7 spaces per 1,000
square feet of gross floor area IS proVided Retail uses are envIsIoned as specIalty, non-destmatlon
beach related retail shops that will draw their customcrs from pedestnans walkIng along Mandalay
A venue and from the hotel and attached dwellmgs proposed on-site and wIthm the area ThIS
reductlon IS conSIstent With other sImIlar uses along Mandalay Avenue and m the downtown area
of Clearwater At times when parkmg IS operatmg at peak levels, the developer will operate both
the hotel parcel and the first floor of the resldentlallretall parcel totally as valet parkIng, wIth the
abIlity to generate an additional 74 stacked parkmg spaces
A Traffic Impact Study was submItted with the proposal assessmg the Impacts of the proposed
development on the surroundmg roadway system The findmgs of the Study concludes that
acceptable levels of service will be mamtamed wIth development_ of the proposed hotel, attached
dwellmgs and retaIl sales uses However, the Traffic OperatIOns DIVIsIOn has determmed the need
for an exclusIve nght turn lane on Baymont Street The City wIll allow the project to proceed and
be constructed, WIth penodlc delay studIes every four months for one year after completlon of the
project to be conducted at the mtersectlOn of Baymont Street and Mandalay A venue If the studies
and the Traffic Operations DIVISIOn detennme that the nght turn lane IS needed, then the developer
WIll mstall the fight turn lane at theIr expense (see ExhIbit I of the Development Agreement)
A "beach club" IS mcluded as an accessory use wlthm the resort hotel, provldmg members wIth
locker facIhtIes, access to the spa, fitness center, meetmg rooms, restaurants, pool and the beach,
WIth a maximum of300 members ThIS proposal antIcipates as many as 140 of these memberships
to be taken by people hvmg m or close to the resort hotel The Parkmg Demand Study assigns no
addItIOnal parkmg spaces necessary for these 140 membersll1ps WhIle no parkmg IS reqUired for
thiS accessory use, the remammg 160 memberships from outside the area wIll produce a parkmg
demand Due to the proposed character of the beach club, It IS unhke1y that all of the 160 outsIde
members would access the faclhtles at the same time The Parkmg Demand Study proposes a rate
of 20 percent of the members usmg the facIlltles at anyone hme, WIth a rate of one space per five
membershlps used for parkmg demand, producmg a need of 32 parkmg spaces ThIS ratio IS
comparable to other clubs located m Flonda (mc1uded In the Parkmg Demand Study) While a
demand for parkmg spaces has been IdentIfied, the Parkmg Demand Study mdleates that time of
day usage charactenstIcs of thiS beach club, m concert With the hotel, cOndOmInIUm and retaIl
sales parkmg needs, will not slgmficantly Impact parkmg provIded on-site Agam, at times when
parkmg IS operatmg at peak levels, the developer wIll operate both the hotel parcel and the first
Staff Report - Commumty Developmenl Board - December 14,2004
Cases FLD2004-09068!PL T2004-000 16!SGN2004-09020
Page 7 of 14
floor of the residential/retaIl parcel totally as valet parkmg, with the ablhty to generate an
additional 74 stacked parkmg spaces
The proposal Includes the provIsIon of d. maximum of 57 boat slIps on the east sIde of Mandalay
Avenue on City owned property The City will control 19 slips, while the remammg 38 slips wIll
be rented to reSIdent condommlUm owners or be available to hotel guests These boat slips wIll be
reqUired to submIt for FleXIble Development approval by the Commumty Development Board,
with all reqUIred mformatIon The Parkmg Demand Study mdIcates that there will be no
additional parkmg reqUired for these boat slips, as shuttle service will be provIded by the hotel or
reSidents will be able to walk to their boats
ThiS proposal mcludes a Prelnmnary Plat that will replat the eXlstmg property mto a total of four
lots, three lots north of Baymont Street (hotel parcel) and one lot south of Baymont Street
(resldentIal/retml parcel) Two of the lots north of Baymont Street (hotel parcel) are zoned Open
Space/RecreatIon Dlstnct The proposal Includes conveymg to the CIty the westernmost lot (the
"beach property") as additIOnal consideration for the allocatlOn of the additIOnal hotel rooms/umts
from the hotel denSity pool ThiS "beach property" will satisfy the RecreatIon Faclhty Land Fees
and Open Space Fees aSSignable to the project, and Will pemllt the City to grant conceSSlOns on
thiS area of the beach The mIddle lot (the "upland property") will be owned by the developer, Will
permit the general publIc contmued use of thIS area and allow the developer to operate conceSSIOns
(sale, rental or use of eqUIpment, products and services common to beach use), but Will not penmt
Jet-ski or para-SaIl operations
The applIcant has submitted a ComprehensIve SIgn Program SGN2004-09020 for the project, but
only detailed two freestandmg SignS and one attached sign for the hotel parcel The concept of thIS
Comprehensive SIgn Program IS acceptable, but final deSign of all signs must be m substantial
compliance WIth those mcluded herem pnor to Issuance of Sign permits and all freestandmg SIgnS
must be set back a minImum of five feet from the property Ime No slgnage was submItted for the
resldentmllretall portion of the project and therefore slgnage for thiS portIOn ofthe SIte Will need to
meet mmlmum Code reqUIrements
Code Enforcement Analysis: There are no outstandmg enforcement Issues assocIated WIth thiS
SIte
Staff RepoJ t - CommunI ty Development Board - December 14, 2004
Cases FLD2004-09068/PL T2004-000] 6/SGN2004-09020
Page 8 of 14
COMPLIANCE WITH STANDARDS AND CRITERIA: (Sections 2-801.1 and 2-803):
STANDARD PROPOSED CONSISTENT INCONSISTENT
MAXIMUM Hotel portIOn 253 rooms (a) X*
DENSITY Resldentlal/RetaIl portIon 119
(40 rooms per acre; dwellIng umts (a)
147 rooms maximum);
(30 dwelling units per
acre; 72 dwelling nnits
maximum)
FLOOR AREA Retail sales and scrvlces 0 l05 (a) X
RATIO (FAR) (1.0
maximum)
IMPERVIOUS Hotel PortlOl1 0 79 X
SURFACE RATIO Resl den II all RetaIl portion 066
(ISR) (0.95 maximum)
LOT AREA (20,000 Hotel portIOn 369 acres zoned X
sq. feet minimum for Tounst Dlstnct, 160,736 square feet
overnight Resldenttal/RetaIl portlOn 241 acres,
accommodations; 104,980 square feet
1 0,000 sq. feet
minimum for attached
dwellines; )
LOT \VIDTH (150 Hotel portion 332 83 feet along X
feet . . for Mandalay A venue, 369 II feet along
mlDlmum
overnight Baymont Street zoned TOUflSt DIstnct,
accommodations; 100 160 feet along Ambler Street
feet minimum for ResldentIal/RetaIl portIOn 189 33 feet
attached dwellings) along Mandalay A venue, 251 63 feet
along Baymont Street, 350 feet along
San Marco Street
FRONT SETBACK Hotel portion X*
(0-15 feet) Mandalay Avenue eight feet (to
bUlldmg) and zero feet (to pavement
and waterfall feature)
Baymont Street zero feet (to
pavement)
Ambler Street five feet (to buIldmg)
Res I den tI a IIRetal1 portion
Mandalay A venue zero feet (to
bUlldmg)
Baymont Street 18 feet (to bUlldmg)
San Marco Street zero feet (to
bUIldmg)
Staff Report - Commumly Development Boald ~ December 14,2004
Cascs FLD2004-09068/P L T2004-000 16/SGN2004-09020
Page 9 of 14
REAR SETBACK N/A X
(10-20 feet)
SIDE SETBACK Hotel portIon X*
(0-10 feet) East one feet (to buildmg and
pavement)
West (Coastal ConstructIOn Control
Lme [CCCLJ) zero feet (to butldmg
and pool deck)
ResldenhallRetaII portlOn
East four feet (to buildmg)
West (Coastal Constructlon Control
Lme [CCCLJ) zero feet (to bUlldmg)
HEIGHT (35-]00 feet Hotel portIOn 95 feet (to roof deck) X*
maXlmu m for (wIth an additIOnal 12 - 20 feet for
attached dwellings) decoratIve mansard architectural
embelhshments)
ResldentIallRetaJ I portIOn 150 feet (to
roof deck for residentIal tower) (with
an addl tlOnal 12 - 18 feet for
decorative mansard architectural
embellishments), 485 feet (to roof
deck for mixed use bUlldmg) (wIth 12
feet for decorative mansard
arc1u tectural em bel hshments)
PARKING SPACES 431 spaces (b) X*
(].O spaces - overnight
accommodation use;
1.5 spaces - attached
dwellings; 5 spaces!
1,000 sf retail sales)
(456 spaces required)
(a) 137 rooms allowed per approved TenmnatlOn of Status of Nonconformity for overnIght
accommodatIon use plus a maximum of 141 rooms from Beach by Design density pool, 72
dwellmg umts allowed based on 30 dwellmg UOltS per acre plus an addItIonal 48 dwellmg umts per
allocatIon of Gray Settlement agreement (converted from overnIght accommodatIOn rooms), Retail
sales and servIces FAR converted from 11 overnIght accommodation rooms (see Sheet 1 of IS of
CIvIl Site Plan for calculahons)
(b) See Parkmg Demand Study for analysls
*See dIscusslOn under AnalYSIS
SlaffReport - CommullIty Deve]opment Board - December ]4,2004
Cases FLD2004-09068/PL T2004-000 16/SGN2004-09020
Page 10 of 14
COMPLIANCE WITH FLEXIBILITY CRITERIA (Section 2-S03.C):
Consistent Inconsistent
1 The development or redevelopment of the parcel proposed for X
development IS otherwise Impractical wIthout deviations from the use,
Intensity and development standards
2 The development of the parcel proposed for development as a X
ComprehensIve Infill Redevelopment Project will not reduce the faIr
market value of abuttmg propertIes
3 The uses wIthm the Comprehensive Infill Redevelopment Project are X
otherwise permitted m the City of Clearwater
4 The use or mIX of uses w1thm the Com prehensI ve In fi 11 X
Redevelopment ProJect IS compdtlble with adJacent land uses
5 SUItable sites for development or redevelopment of the uses of mix of X
uses wlthm the Comprehensive Intill Redevelopment Project are not
otherWIse available m the City of Clearwater
6 The development of the parcel proposed for development as a X
ComprehensI ve Infi 11 Redevelopment Project will upgrade the
Immediate VICInity of the parcel proposed for development
7 The deSign of the proposed Comprehensive Infill Redevelopment X
Project creates a form and functIOn that enhances the commumty
character of the nnmedlate VICIlllty of the parcel proposed for
development and the City of Cleaf\vater as a whole
8 flexIbility III regard to lot width, requIred setbacks, height and off- X
street parkmg are Justified by the benefits to commumty character and
the ImmedIate VICInity of the parcel proposed for development and the
City of Clearwater as a whole
9 Adequate off-street parkIng In the Immediate VICInIty accordmg to the X
shared parkmg formula In DIVISIOn 14 of ArtIcle 3 will be avaIlable to
aVOid on-street parkmg m the Immediate VICll11ty of the parcel
proposed for development
COMPLIANCE WITH GENERAL STANDARDS Section 3-913 :
Consistent
InconSistent
2
Development of the land will be m harmony WIth the scale, bulk,
covera e, denslt and character of ad acent ro ertles
Development Will not 11lnder or dIscourage development and use of
ad acent land and bUlldmgs or 51 mficantl !In aIr the value thereof
Development WIll not advcrsely affect the health or safety of persons
resldm or workm In the nel lhborhood
Develo ment IS deSigned to llllmmIZe traffic congestIOn
Development IS consIstent With the commumty character of the
ImmedIate VICllllt
DeSign of the proposed development mInimIZeS adverse effects,
mcludmg VIsual, acoustIc and olfactory and hours of operatIOn
1m acts on ad acent ro ertIes
X
x
3
x
4
5
x
X
6
x
Staff Report - Community Development Board - December 14,2004
Cases FLD2004-09068/PL T2004-000 16!SGN2004-09020
Page 11 of14
SUMMARY AND RECOMMENDATION:
The Development RevIew Committee revlcwed the application and supportmg matenals on
November 12, 2004 The Planmng Depal tment recommends APPROVAL of (1) Flexible
Development applicatIon to permIt a maximum of 253 overnIght accommodation umts, 119
attached dwelhngs and 11,000 square fcet ofretaIi sales and servIces as a mixed use (with mcrease
In densIty of 141 hotel rooms from the Beach by DesIgn denSity pool), with reductIOns to the front
(east along Mandalay Avenue) setback (between Baymont and Ambler Streets) from 15 feet to
eight feet (to bUlldmg) and from 15 feet to zero feet (to pavement and waterfall feature), a
reduction to the front (south along Baymont Street) from 15 feet to zero feet (to pavement), a
reductlOn to the front (north along Ambler Street) setback from 15 feet to five feet (to bUIldIng), a
reductlOn to the front (east along Mandalay Avenue) setback (between San Marco and Baymont
Streets) from 15 feet to zero feet (to bUlldmg), a reduction to the front (south along San Marco
Street) from 15 feet to zero feet (to buIldmg), a reductIon to the SIde (west) setback (Coastal
Constmctlon Control Lme [CCCL]) from 10 feet to zero feet (to bUildIng and pool deck) and to
allow eXlstmg and proposed Improvements to remam up to 62 feet west of the CCCL, a reductIOn
to the Side (east and north between San Marco and Baymont Streets) from 10 feet to four feet (to
bUlldmg), reductions to the Side (east and north, north of Ambler Street) from 10 feet to one-foot
(to bmldmg) and from 10 feet to one-foot (to pavement), an mcrease to bmldmg height from 35
feet to 95 feet (to roof deck) for the proposed overmght accommodation use (wIth an additional 12
~ 20 feet for decoratIve mansard archItectural embellishments), an mcrease to bUlldmg heIght from
35 feet to 150 feet (to roof deck) for the proposed resldentIal bmldmg (with an addItIOnal 12 - 18
feet for decorative mansard architectural embelilshments), a reduction to reqUIred parkmg from
456 spaces to 431 spaces and deViations to allow stacked parkmg and bUlldmgs withIn the
VISIbility tnangles, as a ComprehenSIve Infill Redevelopment Project, under the provIsions of
SectIOn 2-803 C, and to elImmate the reqUired foundatIOn landscapmg along Mandalay A venue
and San Marco Street, as a ComprehenSIve Landscape Program, under the prOVISIOns of SectIOn 3-
1202 G, (2) Prehmmary Plat approval (PLT2004-000l6) for four lots, (3) ComprehenSive SIgn
Program approval, under the proVISIOns of SectIOn 3-1807 (SGN2004-09020) ,and (4) the vacation
of Beach Dnve (North Gulf view Boulevard) between San Marco and Baymont Streets, for the site
at 470,484 and 500 Mandalay Avenue and 470, 489, 490 and 495 Beach Dnve, With the followmg
bases and conditIOns
Bases for Approval
1 The proposal complies With the FleXible Development cntena as a ComprehenSive Infill
Redevelopment Project per SectIOn 2-803 C,
2 The proposal IS m comphance With other standards 10 the Code mc1udmg the General
ApplIcablllty Cntena per Section 3-913,
3 The proposal complies With Beach by Deslgn, and
4 The development IS compatIble With the surroundmg area and Will enhance other
redevelopment efforts
ConditIons of Approval
I That approvalmc1udes 253 hotel rooms/umts, a maximum of 119 attached dwellmg umts
and a maXImum of 11,000 square feet of retml Gross Floor Area,
Staff Report - Commulllty Development Board - December 14, 2004
Cases FLD2004-09068/PL T2004-000 16/SGN2004-09020
Page 12 of 14
2 That approval of thIS Flexible Development case IS subject to the approval of a Develop-
ment Agreement with the City (Case DV A2004-00005),
3 That approval of this Flexible Development case IS subject to the vacatIOn of nght-of.way
by the City pnor to the Issuance or any permits,
4 That any unused denSity rooms/umts for the hotel be returned to the City's denSity pool as
descnbed In Beach by DeSign,
5 That no hotel rooms/umts be deemed attached dwellings With mdlvldual dwelling umts,
nor shall rooms/ul1lts qualify for homcstead exemption or home or bUSiness occupatIonal
lIcenses At the request of the CIty Manager or deSignee, the records of the busmess shall
be made available for examinatIOn to determme whether the length of stay complIes WIth
these prOVISIons Failure to proVide such records upon request shall be grounds for ImpOSI-
tIOn of appropnate fines, revocatIOn of the occupational license and/or any other enforce-
ment afforded by law or by City regulatIOns,
6 That the final deSign and color of the bUlldmg be consistent WIth the conceptual elevatIOns
submitted to, or as modIfied by, the CDB,
7 That, pnor to Issuance of any site development bUlldmg permits, a CIty RIght-of-Way
UtlhzatlOn PermIt be obtamed for the proposed walls and fountain,
8 That, pnor to Issuance of any site development bUlldmg permits, the applIcant compensate
the City for the five lost street PdIkmg spaces at $4550 00 per space,
9 That, pnor to the Issuance of the first CertIficate of Occupancy, traffic Impact fees be
assessed dnd paid,
10 That all Parks and RecreatIon fees be paid pnor to the Issuance of any permIts, as prOVided
by the Development Agreement,
11 That a Fmal SubdiVIsIon Plat be recorded pnor to the Issuance of bUIlding perrmts for
vertical Improvements,
12 That a condomInIUm plat be recorded pnor to the Issuance of the first Certificate of
Occupancy,
13 That the Comprehensive SIgn Program be approved In concept, where final deSIgn of all
SignS pnor to Issuance of sign pernl1ts be In substantIal complIance WIth those approved
herem and where all freestandmg SIgns be set back a mInimum of five feet from the prop-
erty hne,
14 That all applicable reqUIrements of Chapter 39 of the BUlldmg Code be met related to
seawall setbacks,
15 That pn or to ISS uance 0 f permIts for any ex I stmg or proposed structures west of the Coastal
ConstructIOn Control Lme (CCCL), the applIcant submIt a copy of the Flonda Department
of EnVIronmental ProtectIOn approval for that constructIon west of the eeCL,
16 That all FIre Department reqUirements be met pnor to the Issuance of any permIts, and
17 That the constructIOn 0 f the contro Is and electncal work for the hft station be completed to
the satIsfaction of the CIty Engmeer pnor to Issuance ofthe first CertIficate of Occupancy
for the hotel
Prepared by Plannmg Department Staff
Staff Report - Commumty Development BOdrd - December 14,2004
Cases FLD2004-09068/P L 1'2004-000 16/SGN2004-09020
Page 13 of 14
"'-
A TT ACHMENTS
Aenal Photograph of Site and VICInity
LocatIOn Map
Future Land Use Map
Zon mg Atlas Map
ApplicatIOn
S IPlannmg DeparlmenllC D B\FLEX (FLD)IPcndmg CIISe\I Up!Of the nexl CDBlMIliU/IIII1Y 500 Sam/pearl Resort (1) 121404 CDB-
W~YlMand{l{lIY 500 Slaff Report doc
SlaffReport - Commumty Devclopmenl Board - December 14,2004
Cases FLD2004-09068/PL T2004-000 16/SGN2004-09020
Page 14 of 14
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Conditions Associated With
F LD2004-09068
500 MANDALAY AVE
Harbor Master CondItion Wayne Wells 562-4504
10/26/2004 No Issues I am working with legal on a dock agreement for a non-adjoining site which mayor
may not be separate to this document Bill Morris
Landscape Arden Dittmer
11/03/2004 no Issues
562-4604
Legal Condition Wayne Wells
10/31/2004 No Issues
562-4504
Parks & Recs ConditIon
o pen Space and Recreation I m pact fees are due prior to bu II ding perm It Issuance of fl nal plat (If
applicable) whichever occurs first These fees could be substantial and IllS recommended that
you contact Deb Richter at 727-562-4817 to calculate the assessment
Solid Waste Service
1 0/25/2004
Inlllals MIssing
Initials MIssing
All Solid Waste staging areas need to be clearly marked
where will recycling bins be placed for condo units
Please work with the Solid Waste Department for placement of compactor
ZOning CondItio? Wayne Wells 562-4504
1 0/31/2004 J P rovld e one, u nbou nd copy of th e red uced color bu lid In g elevations (M adalay A ven ue and beach
Sides - 8 5"x11 ") for COB presentation purposes
10/31/2004 J Provide as part ot architectural plans a roof plan for hotel phase, Similar to that provided for
reSidential/retail phase
1 0/31/2004 J Provide th e m atena I an d color fa r all exterior bu lid Ing fl n Ishes on the bu lid I ng elevation s (wa II,
railing, faCia, columns, balusters, Window moldings, architectural embellishments, etc )
10/31/2004 J Unclear as to roof structures for entire proJect, whether the roofs are flat roofs or pitched roofs
Ensure all plans are coordinated and consistent (flat With parapets or pItched roofs) Code
provIsions for "bUilding height" state that for a pitched roof the bUilding height IS measured to the
mid-pOint of the pitched roof Code provIsions for "bUilding height" state, however, for a flat roof
the bUilding height IS measured to the highest finished roof surface Architectural plans Indicate a
"decorative mansard roof' for the hotel, residential tower and the mixed use smaller structure
(unclear for the ballroom portion of the hotel) Such mansard IS not a pitched roof nor a parapet,
especially at a height of 33 feet from the roof deck for the hotel Height Will be measured to the
highest pOint of the roof for the decorative mansard roof Important to differentIate due to height
restrictions under the TOUrist District and Beach by DeSign Ensure plans are clear as to roof
structure and proposed height IS dimensioned properly in relation to roof structure Additionally,
parapets by Code cannot exceed 30 inches above the roof deck Any proposed parapets
exceeding 30 Inches must be Included In the request, With full Justification for all Increases May
)need to redeSign roof structures to meet Code and/or Beach by DeSign prOVISions
10/31/2004 Need to show on Sheet 4/15 the VISibility triangle at the Intersection of Mandalay Avenue and
Baymont Street
Pnnt Date 12/05/2004
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CaseCondllons
"
FLD2004-09068
500 MANDALAY AVE
Zoning Condltlor Wayne Wells 562-4504
10/31/2004 J Dumpster staging area must be on-site and not within the nght-of-way of San Marco Street where
)t deletes on-street parking
10/31/2004 Sheet 9/15 - Remove sign and note from southeast corner of property that "Existing sign to
jremaln with new project name"
1 0/31/2004 On the resldentlal/retail phase for both architectural and cIvil plans, handicap parking and lobby do
rot match up for both Levels 1 & 2 (Sheets 5/15 and 6/15)
10/31/2004 V ~here IS vehicular use area not within the parking garage, at least on the north parcel that IS the
drop-off/plck-up area accessed off of Baymont Street close to Mandalay Avenue Need to show
by shading or cross-hatching the Intenor landscape areas prOVided Need to calculate the
vehicular use area and Intenor landscape area and then Include In the Land Use Data table on
Sheet 1/15
10/31/2004 PrOVide the square footage of eXisting nonresidential floor area, the number of eXisting dwelling
JUnlts (If any) and the number of eXisting overnight accommodation units In the Land Use table
10/31/2004 Need to coordinate the Development Agreement, which provides for 57 boat slips (Exhibit N), With
the Parking Demand Study, which prOVides for 55 boat slips Must submit at a future date for
FleXible Development approval for the development of the 57 boat slips on the City property,
Including all Code submittal requirements
10/31/2004 J PrOVide the required number of parking spaces (total and number per use) and the basIs for the
parking calculations (Ie 1 5 spaces per dwelling Unit, one space per hotel unit, five spaces per
1000 sf for retail and the Beach Club) In the Land Use Data table Parking Demand Study
JProvldes the Justification for the prOVided number of spaces (numbers and rallos)
10/31/2004 Number the sheets In the architectural package
10/31/2004 J ProVide bUilding heights to vanous levels/bUildings on all elevations to assist In understanding
jPortlons of the proposed site
10/31/2004 Freestanding slgnage In front of the porte cochere for the hotel and at the Intersection of
J Mandalay Avenue and Baymont Street must be revised to meet the required five-toot setback
10/31/2004 PrOVide the number of on-street parking spaces proposed to be lost along Baymont Street, San
Marco Street and North Gulf view Boulevard due to thiS development (that have been used In prior
Parking Demand Studies to show adequate parking IS prOVided for the eXisting hotel as well as
other businesses), as well as the number of on-street spaces to be gained on Mandalay Avenue
jdue to closure of a driveway north of San Marco Slreet
10/31/2004 Show the Sidewalk along the north Side of San Marco Street on Sheet 5/15 (much like that shown
j on Sheet 10/15)
10/31/2004 Remove the walls and waterfall from the City right-of-way of Mandalay Avenue
10/31/2004 j It appears there IS a raised loading dock being prOVided along the north property line of the hotel
parcel, With some type of bUilding or ramp extension along the east property line In thiS loading
area Label such uses/structures PrOVide greater detail as to thiS area and the relationship of the
raised loading dock and ramp to the property line (walls to screen the loading area from adjacent
J properties?) Include the proposed setback (to bUilding, pavement or whatever)
10/31/2004 It appears there are some encroaching structures onto the hotel parcel along the north property
line (one-story wood structure at least) What IS being proposed to deal With this/these
encroachment(s)? Will there be any effect of the BUilding/Fire Codes on the proposed structure
J or the eXisting, off-Site structure?
10/31/2004 ProVide the land area (square footage and acreage), denSity calculation and ISR (Including the
square footage) for the hotel parcel east of the vacated west right-of-way line of Gulf view Blvd and
the land area (square footage and acreage), denSity calculation, ISR (Including the square
footage) and FAR (for retail square footage) tor the reSidential parcel east of the west line of the
Pnnt Date 12/05/2004
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CaseCondltons
FLD2004-09068
500 MANDALAY AVE
Zomng CondItion Wayne Wells 562-4504
platted lot lines for Lots 1-13 of the Clearwater Beach Park SubdivIsion Provide In the Land Use
table on Sheet 1/15 Land areas should match the acreage amounts listed In the bound booklet
under Redevelopment Parcels
11/08/2004 J Provide the proposed setback from all property lines to all pOints of all structures (pavement,
)bulldmg, pool decks, etc ) for both the hotel parcel and the residential parcel
11/08/2004 Sheet 4/15 - S Idewal ks north of the pool area and west of the hotel bUild In g seem to fade to
JnothJn9/90 nowhere Connect these sidewalks up with something or show where they end
11/08/2004 Identify on the site plan (Sheet 4/15) the Intended purpose of the portions of bUIldings 10 remain In
j the northwest and southwest corners of the hotel parcel
11/08/2004 Sh eet 5/15 - S how on the Site plan any proposed s Idewal k access to the storag e units on the west
Side of the parking garage
Landscape plan for the condominium parcel (Sheets LA-02 & LA-06) needs to be separated out
Into a landscape plan for the (1) ground level and (2) level 3 (above the two levels of parking &
J retail)
11/08/2004 Provide all details of how the landscaping, especially trees, Will work on top of the parking garage
for the reSidential/condominium parcel Include cross-sections to Indicate how thiS all works
11/08/2004 J Under the Land Use Data table, provide the land area of the upland, as well as the beach area, for
.jboth the hotel parcel and the reSidential parcel
11/08/2004 J Provide responses to all ComprehenSive Inflll Redevelopment Project and General Applicability
Criteria for all requested reductions, Increases or deviations set out by staff In the request
Unclear why the bUllldlng could not be deSigned with open grating or wrought Iron bars In the walls
adjacent to the dnveways on Ambler Street and San Marco Street and at the Intersection of
Mandalay Avenue and Ambler Street to provide VISibility to the motonsts to aid In viewing
pedestnans (Ie VISibility tnangles)
11/16/2004 J 11/16/04. WW
Per diSCUSSion between 0 C Cabrera, Scott Rice and Wayne Wells the additional studies are
necessary to JUStify the parking demand for the beach club
11/12/04 - WW
At the DRC meeting It was stated that thiS was no longer needed (but see above comment)
11/8/04 - WW
J PrOVide ad d Itlonal stud les of com pa ratlve beach cI u bs prior to D RC review
11/08/2004 "OutSide memberships" In the beach club needs to be defined In the definition section of
j Development Agreement by a speCifiC geographic area In close proximity to site
11/08/2004 Landscaping on Mandalay and Baymont - JMC to prOVide cost estimate of landscaping at DRC
meeting ThiS information to be checked by Public Works and total costs to be Included In staff
j report, quantifYing the developer's obligation In exchange for denSity pool conSideration
11/08/2004 Development Rights - JMC to prepare table more fully documenting the eXlsllng Units, Gray
settlement Units, denSity pool units, JMC's hotel units used to convert to commercial FAR, etc
ThiS table Will be Inserted Into the project book under the Redevelopment Parcels tab AND on the
site plan Can be part of DRC resubmlttal - but would prefer to review pnor to that to make sure It
IS clear and City IS In agreement
11/08/2004 J JMC to revise ExhIbit 0 of Development Agreement, Schedule to state that project schedule IS
subject to speCifiC schedule details In appropnate DA section, and that those outSide dates are the
jdates that the Development Order Will use Can be part of DRC resubmlllal
11/08/2004 JMC to show the required parking for each use In the prOJect-this Information to be prOVided In
TraffiC Study In the project book AND on the site plan To be done by DRC meeting
ComprehenSive Sign Program - proVide dimenSions for all proposed slgnage, as well as
square-footage PrOVide slgnage and details for retail bUSinesses as part of package PrOVide
Print Dale 12/05/2004
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CaseCond Itons
..
F LD2004-09068
500 MANDALAY AVE
Zonmg CondItion Wayne Wells 562-4504
colors of all proposed Slgnage
11/08/2004 Provide the square footage for hotel rooms
11/08/2004 J Site plan sh eet 4/15 I nd Icates a terrace east of the hotel ball room Other s heels In th e cIvil site
plan set, the landscape plan set and the architectural plan set are not coordinated shOWing thiS
terrace ReVise all appropriate sheets to either provide for the terrace or to remove the terrace
11/08/2004 J Since stacked parking (not the additional valet stacked parking Indicated In the Parking Demand
Study) IS not allowed by Code Request must Include thiS as part of the proposal, with full
jU sllflcatlon
11/1 0/2004 J En su re th at a II floor area below B F E (d ue to F EMA VE zone) will be perm Ilia ble May need to
check with BUilding Department and, as necessary, revise plans prior to resubmlSSlon of plans to
Planning
Provide full Jusllflcatlon (narrative, draWings, etc ) of compliance with Beach by DeSign, espeCially
Including compliance with the DeSign GUidelines For the residential tower that exceeds 100 feet
In height, Justification must address the provISions for "B Height" on Pages 57-59 (Items 1, 2b and
3), "C DeSign, Scale and Mass of BUildings" and "0 Setbacks" Provide any cross secttons or
dimenSions on elevations to show compliance and all floor plate calculations, bUilding envelope
and percentages
Pnnt Date 12/05/2004
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CaseCond Itons
SELECTIVE PERMITTED BUILDING HEIGHTS
WITHIN I HE
CITY OF CLEAR'" A TER
IN THE VICINITY OF THE SANDPEARL RESORT
AdditIOnal Mech
Roof Screen Wall or Rooms/ AITh.
ElevatIOn to Parapet Embellishments
Year ProJect Flat Root (Ft.) (Ft. above Flat Root) (Ft. above Flat Root)
2001 Belle Harbour -8El l'l.{p 8* 20*
2001 Seashell (Marnott) 150 is S* 35*
2004 Seashell (Hyatt) ISO 9 27
2004 Markopolous ISO S' parapet 33
2004 Sdndpedrl
Condo Bldg 149'-4" 12'-8" 18'-4"
Hotel Blvd 94' -2" 12' 20'
* No mention of addItIonal height elements made m public advertisement (nor planmng reoorts) II1 2001
pUll
K \)andp~~lI RCSOll\M Isc\Sele~ll"e Ptmllll,d BUldmg Helghls 10. Clll' at Cle~I\"~llr doc
It.l,~f rJlJ2C- L~f&:W:
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~
~ani, Cyndi
From:
Sent:
To:
Subject:
Arasteh, Mahshld
Monday, November 22, 20044 35 PM
Tarapam, Cyndl, Wells, Wayne
FW Right Turn Lane AnalysIs and Recommendation at Baymont and Mandalay
Mahshld 0 Arasteh, P E
Publtc Works AdminIstrator
727-562-4757
-----Onglnal Message-----
From Alan, Pam
Sent: Monday, November 22,2004419 PM
To Brumback, Gany, Arasteh, Mahshld
Ce. Bertels, Paul, Rice, Scott, Elba, Bennett, QUillen, Michael
Subject: RE Right Turn Lane Analysis and Recommendation at Baymont and Mandalay
Ed tells me that they are fine With one full year after completion of the project (3 studies)
-----Onglnal Message--
From: Brumback, Gany
Sent. Monday, November 22, 2004 4 17 PM
To. Arasteh, Mahshld, Alan, Pam, 'Armstrong, Ed'
Ce. Bertels, Paul, Rice, Scott, Elba, Bennett, Quillen, Michael
Subject: RE Right Turn Lane AnalysiS and Recommendation at Baymont and Mandalay
Ok thanks all
Ed, let me knO\v the rcactlOn of your team Thank<;
Garry Brumback
ASSistant City Manager
C127) 562-4053
-----Onglnal Message-----
From Arasteh, Mahshld
Sent Monday, November 22, 2004 3 20 PM
To Alan, Pam, Brumback, Gany
Ce: Bertels, Paul, Rice, Scott, Elba, Bennett, QUillen, Michael
Subject: Right Turn Lane AnalysiS and RecommendatJon at Baymont and Mandalay
Importance: High
<<File baymontnghtturnlane doc >> The attached document contains traffiC operations'
analYSIS of the study completed by Flonda DeSign Consultants since traffiC oparatlons has
concluded that a nght turn lane IS reqUired, the follOWing IS a suggested language to be
Inserted Into the development agreement
"TraffiC Operations DIVISion has determined the need for an exclUSive nght turn lane The city
will allow the development to proceed per plan, however once the project IS completed the
owner shall conduct penodlc delay studies every four months at the Intersection of Baymont
Street and Mandalay Avenue The study shall analyze the delay for each eastbound
...." ~~
~pani. Cyndi
From
Sent:
To:
Cc:
Subject:
Akin, Pam
Monday, November 22,2004330 PM
Ed Armstrong (E-mail), Robert Greene (E~mall)
Tarapam, Cyndl
FW Right Turn Lane AnalysIs and RecommendatIon at Baymont and Mandalay
Importance
High
Bob, Englneenng has requested the language below
-ang!nal Message-----
From: Arasteh, Mahshld
Sent: Monday, November 22,2004320 PM
To. Alan, Pam, Brumback, Garry
Cc: Bertels, Paul, RIce, Scott, Elba, Bennett, Quillen, MIchael
Subject: RlghtTum lane AnalysiS and Recommendation at Baymont and Mandalay
Importance: HIgh
~
baymontnghttu r
nlane doc
The attached document contains traffiC operations' analYSIS of the study completed by
Flonda Design Consultants since traffiC oparatlons has concluded that a nght turn lane IS
reqUlred,the follOWing IS a suggested language to be Inserted Into the development agreement
"Traffic Operations DIvIsion has determined the need for an exclUSive nght turn lane The city Will
allow the development to proceed per plan, however once the project IS completed the owner shall
conduct periodic delay studies every four months at the intersection of Baymont Street and Mandalay
Avenue The study shall analyze the delay for each eastbound movement and the Impacts on the
intersectIon as well as count the pedestnan traffiC on all four approaches of the Intersection The
study shall be submitted to ''TraffIc Operations" for review If It IS determined by "Traffic Operations"
that the right turn lane IS needed then the developer shall Install the lane at their expense"
Mahshld 0 Arasteh, P E
Public Works Administrator
727-562-4757
1
--
- ..
Baymont Street and Mandalay Avenue Right Turn Lane Study
The conclusion of the report by Flonda Design Consultants IS that the intersection of
Baymont and Mandalay will handle the additional 120 eastbound nght turning
vehicles at a LOS C plus an additional 33 other vehicles eastbound This new traffic
IS generated by the hotel and condo development that IS proposed at this location
However, the report does not analyze how the 120 additional nght turning vehicles
will Interact with the eXisting 42 pedestnans In direct conflict with the nght turning
traffic or with the indirect Impact of the eXisting 110 pedestnans on the west
approach With the eXisting pedestnan traffic and the new volumes of vehicular
traffic there will be the potential of 2 5 pedestnans In conflict with 2 vehicles every
minute dunng the peak hour The breakdown IS 7 pedestnans on the south
approach and 1 8 pedestnans on the west approach of the Intersection
Under Ideal conditions when an eastbound vehicle IS stopped at the stop bar they
will have 1 8 pedestnans to walt for before a nght turn on red can be made The
crossing time IS 17 1 seconds (60 feet of dlstance/3 5 fps walking rate) per
pedestnan X 1 8 pedestnans per minute for a total of 30 78 seconds of delay before
a nght turn on red can be made This IS assuming the pedestnans are not crossing
exactly at the same time For safety reasons this analysIs cannot assume that both
pedestnans will cross the same time each minute Once the green signal comes on
there will be 7 pedestnans each minute crossing X a crossing time of 20 7 seconds
(13 7 seconds clearance + 7 seconds walk) for a total of 14 5 seconds of delay
before the vehicle can safely make the nght turn
To summanze, a vehicle making an eastbound nght turn on red will have a delay of
3078 seconds while a vehicle making a nght turn on green will have a delay of 145
seconds When the timing split for Baymont Street IS In a range of 20 to 40 seconds
then It becomes clear that a delay per vehicle of 145 seconds IS cntlcal This does
not Include any Increase In pedestrian traffic, as the consultant study does not
project those values However, It IS safe to assume there will be a significant
Increase In pedestnan traffic with the new condos and new hotel development
Many people will cross Mandalay to access the Outback Restaurant as well as other
venues on the east side of Mandalay Avenue In the near future with the Pelican
Walk parking garage there will be Increased pedestnan crossings of Mandalay
Avenue to access the shops at the new Hotel as well as the beach access To
accommodate the Increased pedestnan traffic an exclusive nght turn lane IS
absolutely cntlcal to maintain some capacity at the intersection for eastbound traffic
-
,r '"
Tarapani, Cyndi
From
Sent:
To:
Cc
Subject
Arasteh, Mahshld
Monday, November 22, 2004 3 40 PM
Akin, Pam, Brumback, Garry
Rice, Scott, Wells, Wayne, QUillen, Michael, Tarapam, Cyndl
Sandpear1
~I
Sa nd pea rlSectto
n2 03 l.doc
The last paragraph of Sectlon 2.03.1 of the Development Agreement should
read as attached so that It can match the parklng study dated 11/18/04 that
was revlsed generally In accordance wlth the conversatlon that Wayne Wells
and Scott had wlth FDC. The parklng study adequately addresses the parklng
needs for the proposed development and lS In accordance wlth Englneer~ng's
reVlew of the proJect.
The current language can cause a potentlal problem wlth the method of
calculatlng the number of allowable "outs~de beach club membershlps". The
14th draft of the DVA states that outslde beach club membershlps can be
lncreased If the number of parklng spaces exceeds the requ~red mlnlmUffi
amount as deflned by 428 spaces. The current deslgn lncludes 431 spaces,
therefore the beach club outslde membershlp could lmmedlately be lncreased
by 15 members. The DVA should reference the number of approved parklng
spaces (431) In the ratlo for determ~n~ng lncreased outslde beach club
mernbershlps.
Cyndl, Wayne pIs let us know If you dlsagree.
Thanks
Mahsh~d D. Arasteh, P.E.
Publlc Works Adm~nlstrator
727-562-4757
-----Orlglnal Message-----
From: Akln, Pam
Sent: Monday, November 22, 2004 8:29 AM
To: Tarapanl, Cyndl; Arasteh, Mahshld; Campos, Geraldlne; Brumback,
Garry; Rlce, Scott; Wells, Wayne
Cc: Dewltt, Glna; Goudeau, Cyndle
SubJect: FW: Sandpearl
I thlnk thls lS the Last draft' please look partlcularly at 52.03 on page
12 WhlCh addresses the park~ng requlrement. I want to make sure we are all
In al~gnment on how thlS lS addressed.
--~~-Orlg~nal Message-----
From: Robert Greene [mallto:RGreene@gdslegal.com]
Sent: Saturday, November 20, 2004 7:49 AM
To: Akln, Pam
1
...
Cc: Ed Armstrong (E-mall); John Hobach (E-mall); MiKe Cheezem (E-mall)
SubJect: Sandpearl
Pam, attached lS revlsed draft 14 wlth the revislon to Sectlon 2.03 we
dlscussed. Please call with If we need to d1SCUSS. Thanks
Robert F. Greene
Greene & Schermer
1301 Slxth Avenue West, Suite 400
Bradenton, Flor1da 34205
phone: (941) 747-3025
fax: (941) 747-6937
ema1l: rgreene@gdslegal.com
ThlS message 1S intended only for the addressee and may contaln lnformation
that 1S PRIVILEGED and CONFIDENTIAL, and/or may contain ATTORNEY WORK
PRODUCT. If you are not the lntended reC1plent, you are hereby notlf1ed
that any dissemlnat10n of thlS communlcation lS strlctly proh1blted. If
you have rece1ved thls communlcation 1n error, please erase all coples of
the message and ltS attachments and notlfy us lmmed1ately. Thank you.
<<City Development Agt.14-13.red.doc>>
2
In the event the number of condommmm or hotel umts or the
square footage of commercial use are reduced, the parkmg
reqUirements shall be reduced m accordance wIth the above
formula In the event total parkmg spaces proVided IS less than the
reqUIred lmmmum reduced amount approved by the COB (431
spaces), Developer shall reduce Beach Club Outside Memberships
by 5 members for each space not proVided and III the event total
parkmg spaces proVided are more than the required mmm1Urn
reduced amount approved by the COB (431 spaces), Developer
may Illcrease Beach Club OutsIde Memberships by 5 members for
each additiOnal space provided
Wells, Wayne
From
Sent
To
Subject
Tarapanl, Cyndl
Wednesday, November 10,20041213 PM
Wells, Wayne, Gerlock, Chip
FW JMC Hotel (Sandpearl Resort)1
For your reVlew and please add to flle
thanks
Cyndl Tarapanl
Plann1ng Dlrector
(727)562-4547
cyndl tarapanl@myclearwater com
-----Orlglnal Message-----
From John Hobach [ma~lto Johnh@Jmcdev com)
Sent Wednesday, November 10, 2004 9 41 AM
To Tarapanl, Cyndl
Cc Bob Greene (E-ma11), Ed Armstrong (E-mall), Ed Mazur (E-mall)
SubJect JMC Hotel {Sandpearl Resort)l
:> Cynd1,
:>
:> ThlS 1S an update to your Nov 5 ema1l
:>
:> 1 Parklng Study We have rewr~tten the park~ng study to be organ~zed and presented 10 a
format based upon recent d1rectlon from the Clty Based upon thlS new format, lt 18 my
understandlng that we wllJ no longer need addltlonal studles of comparable beach clubs
(although we now have two addltlonal studles lf needed)
:>
:> 2 Slgns We w1lI locate the hotel Slg0S at least 5' behlnd property Ilne Note that we
stll1 are plannlng on havlng a planter wall, and a portlon of our entry fouotalo 1n the
rlght-of-way
:>
:> 3 Laodscaplng We wlll provlde costs of all 1mprovements w1thln the rlght-of-way areas
at the ORe meet1ng
:>
:> 4 Vacat10n of Beach Or1ve We now have the letter of no Ob]ectlon from Verlzon, and
wlll brlng that to the ORe meet10g
:>
~ 5 Addltlonal Land We are not 901n9 to pursue that optlon at h1S pOlot ~n t~me, and
understand that 1f land 1S added 1n the future, It wlll requlre a Slrnllar approval
process
:>
:> 6 Development Rlghts We have prepared a Oen81ty Table that more clearly descr1bes the
dlfferent denslty 1ssues, and wlll brlng that to the DRC meet~n9
:>
:> 7 Exh1b1t 0 (Schedule) We wlll reVlse and clar1fy thlS schedule, Wh1Ch w1lI be a part
of the resubmlttal
:>
:> 8 Parklng Study We have rewrllteo the parklog study, whlch now locludes a summary
chart, WhlCh w1lI also be 1ncleded on the Slte plan as part of resubmlttal We wlll brlng
the rev1sed parklog study to the DRC meetlog
:>
::>
:> Thanks aga1n for your efforts 10 helplng us prepare our subrn1ttal packages
approprlately please let me know 1f you have any quest10ns regard1ng above
1
2:05 'pm
Case Number. FLD2004-09v >'-' -- 500 MANDALA Y AVE
Owner(s)' Hunler Hotel Company
Po Box 7230
Des Momes, [a 50309-7230
TELEPHONe No Phone, FAX No Fax, E-MAIL No Emml
Mandalay Inve~lments, Llc
2201 fourth Slrecl North
St Pelcrsburg, FI 33704-4300
TELEPHONE No Phone, FAX No Fax, E-MAIL No Emml
Cbr Developmenl r LIe
2201 Fourth Street North
St Petersburg, Fl 33704
TELEPHONE 727-823-0022, FAX No Fax, E-MAIL Jhobach@Jmcdev com
Representative. E 0 Annstrong
Po Box 1368
Clearwater, Fl 33757
TELEPHONE 727-461-1818, FAX 727-"441-8617, E-MAIL cd@Jpfirmcom
Location' 9 77 total acres (hotel site 7 36 acres, reSidential Slle 2 41 acrc",) located on the west Side of Mandalay A venue
between San Marco Slreet and Ambler Street
Atlas Page, 267 A
Zomng Dlstnet T, Tounsl
Request: (I) FleXible Development approval to pennl! 260 overnight accommodatIOn uruls, 120 attached dwellmgs
and 11,000 square feet of retail sales and ",ervlces as a nuxed use (With mcrease III denslty of 141 hole!
rooms from the Beach by Deslgn den",lty pool), With reducllOn~ to the front (east along Mandalay Avenue)
selback (between Baymont and Ambler Streets) from 15 feet to zcro feel (to bUlldmg) and from 15 feet 10
6 9 feet ( 10 pavement), a reducllOn to the front (north along Ambler Slreet) setback from 15 feet to five feet
(to bUilding), a reductIOn to the front (easl along Mandalay Avenue) ",etback (between San Marco and
Baymonl Streets) from 15 feet to zero feet (to bUilding), a reductIOn to the front (south along San Marco
Strcel) from 15 fcet to zero feet (10 bUIlding), a reductIOn to Ihe Side (west) setback (Coaslal ConstrucllOn
Control Line [CCCL]) from 10 feet to zero feet (to bUIlding and pool deck) and to allow Improvements we"t
of the CCCL, a reduction to the Side (east and north between San Marco and Baymont Streets) from 10 feet
to five feet (to bUlldmg), reductIOns 10 the Side (east and north, north of Ambler Street) from 10 feet to five
feet (to bUlldmg) and from 10 feel 10 onc-fool~IO avement), an Increase to bUIldmg helghl from 35 feet 10
94 17 feet (10 roof deck) for the proposed ove gt ccommodatlOn use (wlth an addl\ional 33 feet for
parapets), an Increase to bUlldmg height from 3 eel to 14933 feet (to roof deck) for the proposed
re",ldentlal bUlldmg (With an additIOnal 29 33 feet for parapcls), a reduclion to reqUired pdrkmg from x
spaces to y spaces and a dev13tlOn to allow stacked parking, as a ComprehenSive Infill Redevelopment
Project, under Ihe provl~lons of SectIOn 2-803 C, and 10 ehmlnate the reqUired foundatIOn landscapmg
along Mandalay Avenue and San Marco Street, as a ComprehenSive Lmdscapc Program, under the
proVISIOns of SectIOn 3-1202 G, and (2) the vacatIon of North Gu]fvlew Boulevard between San Marco and
Baymont Streels
Proposed Use Overmght aceommodatlOns
NeIghborhood Clcarwaler Bedch ASSOClatlOn
AssocJatlOn(s): Clearwater, Fl 33767
827 Mandalay Ave
TELEPHONE 727-446-5801, FAX No Fax, E-MAIL dmacnav@attnet
Neighborhood Clearwater Neighborhoods CoallllOn
ASsocJatlOn(s)' Cledrwaler, FI 33761
2544 Fnsco Dnve
TELEPHONE 727-725-3345, FAX No fax, E-MAIL DJw@gle nel
Presenter Wayne Wells, Planner m
Attendees Included. City Staff Wayne Wells, Chip Gerlock, Scott Rice, Joe Colbert, RIck Albee, Arden Dittmer,
Cyndl Tarapam '\'\
ApphcantlRep ED Armstrong, Cd M8.lIM1l, n~ t~t'-....- I d ~-'- c;~ ~ V...~..\ t'\A.c.\t.,
The DRe reviewed thiS apphcatlon With the followmg comments' I.. c.. lio.\\ o. t. C,..\ac-U"...
General Engmeermg \..00'1'- 'M'\ c.- I ,
o ~ ~ c:.""" \ \..J~...... k k,"
t'\~~ w (
i\.4 'L-vr
Owner(s).
Applicant
Dcvelopmenl ReView Agenda - Friday, November 12,2004 - Page 38
....'~. ~
~~
I) Need 10 IdentifY "",d specIfy wldlh of proposed publtc sidewalk" ~ Mandalay Avenue
2) Need 10 show safe pdlh within Ihe eXI~lmg pedestnan ea<;ement from Ambler Stleel to the
seJ.wdll
3) Need 10 provIde a :;'ldewdlk J.long Ambler Streel per Commumly DevclopmGnt Code Seclton
3-170 ]
4) Need to provIde a 24-fool wIde pavement for Iwo-way Iraffie on Ambler StrGel
-75) The propo,>ed waterfall cannot be eon,>trueled wllhm the nghl-of-way of Mandalay Avenue
(Commuruty Development Code secllOn 3-19090)
6) The proposed lJ.nd&cape walls cannot be conslrucled wllhm Ihe nght-of-way of Mandalay
A venue (Commumty Development Code sectIOn 3-1909 D )
7) The proposed bUlldmg shall not be conslrucled wllhm Ihe eXlstmg pedestram casement
(Commulllty Developmenl Code secllOn 3-1909 D )
8) Need to show vehicle path for traclor trailers accessmg the loadmg dock
9) Need 10 show how solid waste lruck will be able to maneuver and servlce Ihe proposed
c.ompaclor
10) The propo,>cd terrace near the mterseetlOn 01 MdnddldY Avenue and Ambler Street IS wlthm
the sight trangle
I\) Wllh Ihe hotel walls, a passenger vehIcle eXiling the garage onto Ambler Street wIll encroach
mto oncommg trdffic
12) fhe "ExI<;lmg SIgn 'I 0 Remam "dl Baymont Street and Mandalay Avenue musl be removed
13) A Fire Department ConnecllOn call1lOt be constructed Wlthm a nght-of-wdY (Mandaly Avenuc
and Baymonl Slreet)
14) Need 10 provIde d water mam loop for eXl:;.tmg fire hydmnt on Ambler Streel
-915) No new constructIOn can be proposed seaward of the Coaslal Com,truellOn Conlrol Lme
16) Need to provIde addltiolldl fire hydrant(,>) to meet Fire Department reqUlremenls (no fire
protecllOn for wesl Side of proposed holel or Ihe delached bUlldmgs at Ihe northwe,>t comer of Ihe
sIte)
17) A 4-mch domestIc water meter IS proposed to be mstalled wlthm the trdvel way of Ambler
Streel The proposed meter shall be Installed oul'>lde of any Improved surface
] 8) General Note Need to &how a 2-fool honzontal clearance from any vertical obstructIOn for all
public Sidewalks, eXlslmg or proposed
19) On Sheet 12 of 15, need to remove western dn ve dpron from San Marco Streel and restore
nght-of-way
20) Need to show Ihe stnppmg for all streel parkmg spaces on San Marco and Baymont Slreets
21) Need to accuratcly deplcl Ihe relocated water mam near the east property II ne of the
Mandalay Beach Club
22) On Sheet 10 of 15, need to expand nole on dnve apron removal along Mandale Avenue 10
mclude coordmalion oflhe removdl and curb replacemenl With the mstallatlOn ofparlang meters
for public parlang
23) Need to show the nght-of-wdY of Baymont Slreet as 65-feet not 40-feet
~ 24) The cIty musl be compensaled for Ihe approxlmatelylfeii>metered parlang spaces that wIll be
lost ($4550 per ,>pace) ~L
25) Nced to :;.how and mdlCate what I~ planned for the eXI~tmg gas mam wlthlll Ihe nght-ot-way
oflhe proposed vacated Gulf vIew Blvd
26) Demonstrale access to Ihe proposed storage U1t on the west SIde of the proposed
condommmms Also show doors, stoops, etc
27) Water maID along Sdn Marco Strcet nceds to be looped
...:1).28) The proposed ,>hower at the west end of the Baymont cul-de-&ac may not be a safe localion
Need to ,>how pad, dramage and seatmg facllItlcs How WIll thl'> wdter be melered
29) Where do VISitors park? (Guesls, service and delivery veh1cles, etc )
30) Include wllh Ihe SIte pLm <;heets a drdwmg mdlcalmg where addllional parkmg spaces can be
gamed dunng peak penods when lllcreased valel parlang IS ulllized
31) AdditIOnal commenl:;. may resu]1 from reVISIons subrrutted addressmg these connnents
32) Page 4/15 mdlcates an outdoor terrace al the southwest comer of the IlltersectlOn of ManddldY
Avenue and Ambler Street Sheet 11/15 Illdlcates a backflow prcvcntor and meter at the same
locatIOn, WhICh appears to be under Ihe ouldoor terrace Resolve conflict (Connnent added by
W Wells per diSCUSSIOn With S Rice)
33) All of the dhovc to bc. dddrc~sed pn or 10 CD 13
Landscape Arc.hlkcture Comment,>
Developmenl ReView Agendd - Fnday, November 12, 2004 - Pdge 39
I Roundabout for "",.1 Marco Street not shown
2 SHiewdlk!, on Sdn Marco Street should remam as conSlrucled by the City
3 Land&cape and CIvil plans conflict a,> the Landscdpc pldn& show plantmgs at the propo&ed
dnveway off San Marco Street
4 PlantlOgs Illstalled by CIty along San Marco Street should remam
5 SIdewalk along Mandalay Avenue ,>hould bc R-feet wide, ITI1mmum
7 Landscape plan along Mandalay Avenue show~ Wa&hmgloman Palms, while the Clly template
tor MJ.ndalay Avenue utilized Cabbage Palms need to be conSistent with adJdcenl, eXlstmg
landscapmg
8 Accurately locate Progress Energy transfonner dlong Mandalay Avenue and provide for access
and mamlenance reqUirements
9 Show proposed locatIOns of eXlstmg and propo,>cd IIghlmg and ~Idewalk furmture along
Mandalay A venue
10 Show conlmuous sIdewalk alng south side of Baymont Street (plantmgs proposed at entrance
to condommlUm dnveway)
11 Show dn veway and parkmg for property on Ihe southwest corner of Mandai ay Avenue and
Baymont Street
12 Landscapmg and streelscapmg for Baymont Street should be conSlsllent With Ihe City
templdle for San Marco Slreet 10 proVide conSlsltency and mamtam appcarance of public access
Pnor 10 buildmg pernut, provlde detailed con,>tructiOn drawmg of the proposed stonn watcr Ime
extensIOns
EnVironmental:
I CautIOn - Sea oats on thc water Side of the Coastdl ConstrucllOn Lme may nol be disturbed
Provide a plan showmg Ihe proposed method of Fire Emergency vehicle turn-dround on both
Baymont Street and San Marco Street If thc turn-around Involves the vehicles havmg to dnve
on any ramped dred over d VOided or vaulted area, the ramps must be bUilt 10 a HS-20 design
Should the turn-around area necessllate the velucles to pass under dny pdrt ofthe bUlldmg, the
height from the road <;urfaee to the underSide of Ihe bUlldmg must be at ]ca&t Ih]rteen feet SIX
mches (13' 6")
Hlgh-nse structures reqUire full fire protectIOn systems mcludlllg, but nol Inruted to, a fire pump
and a generator If tire pump IS electnc, and be deSigned 10 meet the minimum reqUIrements for
fire alann eqUipped with VOice eVdeUdl10n & fire fighter two-way commU111catlOn, Central
Control StatIOn, pre<;sunzed stanwells, ~tmrwell markmg as per the Flonda Fne PrevenllOn
Code-2001 Edlhon and NFPA 101 Life Safety Code 2000 EditIOn Std]rway Ident]ficatlOn shall
be deslgnated by Ihe <;Ide of the <;trueture Ihe slmrway IS localed on by the words "ALPHA" for
Ihe address Side of the slructure The other Sides Identified clockWise as "BRA YO", "DELTA"
and "CHARLIE" If located III the corner of a structure the stmrway shall be Idenllfied by the
two Sl def, that llltersecl ] e "A LP HA / BRA YO"
ThiS ORC ReView by Fne IS not an approval or review of any con<>tructlon plan& or documents
other than site work
A Card Reader IS "hown 10 thc nuddlc of the agreed upon FIre Department turn-around on Ihe
South Side of Baymont Streel Plea&e adVIse how Ihls Will work
Harbor Master:
I No I&'>UC'> 1 am workmg w]lh legdl on a dock agreement for a non-adJOlmng sHe which mayor
may not be separate to thiS document Bill Moms
FIre"
I
2 Pnor to bUilding pcnn]l, provide :;,ea turtle fnendly hghtlllg (Ord No 6928-02) Development
code, SectIOn 3-1302 subsecllOn D
2
3
4
Legal:
I No Issues
Land Resources
I ReVise "Tree Removal Schedule", accent tree<; should be hmlled to Llgrustrum, Holly, Bottle
Brush and Mimosa only Evergreens and Pllles should be hmlled to Pme,>, dnd Evergreens
only Revl<;e pnor Lo bUlldmg permit
La ndSCd pm g"
I no Issues
Parks and RecreatiOn"
Dev<..lopmcnt Revlcw Agenda - Fnday, November 12,2004 - Page 40
Open Space and l'w..reaIIon Impact fees are due pnor to bUl]dmg I ,It I~wance of final plat (If
appllcab]e) whlGhever occurs fir~1 The&e fees could be substantIa] and It 1<; recommended Ihat
you conlacl Dcb Rlchtcr at 727-562-481710 c,1lcul,1te the assessment
Stormwdter:
I Exlend ~urvey to north ,1long Mand,1]ay to pomt approxlmate]y 50 fcet beyond proposed
&tonn cro&~Ing
2 Add notc on plan" "All ~Ionn pIpe to be constructIOn to City ofClearwakr Stdnd,1rds" Text
regardmg Ihe wrapped Jomls may be removed a" Ihls IS mduded In the Slandards
3 All curb mlels to be FDOT In]ets, dela1l21O Wlth back conslructed out ofbnck per OptIOn
4 Include curb flow ]me and throal elcvatlon& for ,111 proposed mlets
4 ProvIde proposed elevatIOns along all proposed curb
5 At seawall outfall, atlas show<; a JunctIOn connecllOn wIth ,1 stub oul and grate m]et to Ihe
north Ihat IS nol shown on plans Yenfy by survey Rep]aee grate Inlet wllh curb mlet
6 Ambler & Manda]ay, locate and venfy mlets located to the NW and SW of Manhole D
RedesIgn grate mlets for curb mlets
7 Ambler & Mandalay, eXlshng storm crossmg to be removed, not grout fillcd
8 SpecIfy and &I,1le f:,lze of pIpe between structures D and F to be removcd
9 Inverts for mlct F cont,nn:;. typographIcal error
10 Baymont Street, proposed structures 5 and 7 ,>hall not be located wllhm curb return or
radIUS
11 Baymont Street soulh dnveway, what I'> the surfacc Iype on Ihe easlem portlOn of the
dnveway?
12 Baymont Street dnveways, specIfy curb up 10 the ROW hne:;.
13 Baymont Strecl dnveways, con\truct valley gutter curb across dnveways
14 EXlstmg Beach Slreet conlalns a force mam outfall from the pump statIOn Identify on
survey and speclfy to be removed
15 Stormwater Pump SlatlOn, specIfy eXlstmg pIpes to be removed Do not grout fill pipes and
abandon
16 San Marco Street, new mverts are reqUIred on all struelures on thIS storm hne EXlstmg
flow IS E-W, mu<;t rever'ie to W-E
17 San Marco Streel, eXlstmg grate mlet shall be removed replaced Wllh manhole
] 8 San Marco Street, add a curb mlet al the east end of on-street parlang to mtercept flows
pnor to Manda]ay
19 S,m Marco & Mandald y, venfy thdt the SIze of eXI slmg manholes and J unctlOn boxes are
adequate for new pipe
20 Label filter area on each vault det,1ll (plan vIew)
21 Filter dram detail, why IS the separatlOn wall between the filter and ~torage area about 3"-6"
below Ihe DHW? It would seem the excess flow over Ihe top would cause unnece<;Sdry
turbulence and disturb the filter medm
22 FIlter dram detad, detml permanent connectIOn of 30 nnllmer to filter fabne to creale
prevenl water from bypassmg the filler
Pnor to Bm]dmg Pcnnlt
I Detail each utJl1ty crossmg for possible conflict or profile proposed pIpe wllhm ROW
2 FIlter dram delall, wrap 6" Perforated pve 10 filtcr fabnc or \ock to prevent the dIscharge of
fine sediment
3 Filter dram detdll, ~peclty Ihe #57 Stone to be washed pnor 10 mslallatlOn
4 Filter dram detml, the 6" between Invert of 6" Pye and struclure bottom WIll provide a
consldnt wet condItIon dnd wlll nol contnbute to filler funchon Is there a reason for IhIs? If
not, please revIse bottom of structure
5 Dramage CalculatlOns, Area of FIlter should be calcu]ated by the dI"tan(,e Ihat 1&
perpendIcular to Ihe flow through the sand multlphed by the length oflhe filter Please venfy
calculatIons
Solid Waste
1
All Solid Waste slaglllg areas need 10 be clearly marked
where wlll recyclmg bms be placed for condo umts
Please work with the Sohd Waste Department for placement of compactor
Traffic Engmeerlng'
Deve]opmenl RevlCw Agenda - Fnday, November 12, 2004 - Page 41
PI.lOning'
I Parkmg gar<lsw must have a vertical clearance of 8'2" pcr Ch", II FlorIda BUlldmg
Accesslbllily Code, SecllOo 11-4 6 5
2 Slackcd parkmg ,>pacc,,; under hole! (Valet parkmg '>paGc,>) must not be, mcluded lD the
Clty'~ reqUIred parkmg calculatIOn,,; becau<;e they do not comply wIth Ihe C1tyt~ Commuruty
Development Code (SectIOn 3-1402) 11/1/04 - PER PLANNThlG - ST ACKED SPACES MAY
BE COUNTED IN VALET PARKING AREAS
3 General Nole Garage supports such as walls and columns mu~1 nol mtrude wllhm parkmg
stall dImenSIOns (Commuruty Development Code SectIOn 3-1402)
4 General Note Garage supports such as walls must not Impede dnver's SIght vlslblllly when
backmg oul ofparkmg ,,;pace (Community Development Code SecllOn 3-1402)
5 General Nole Columns must not mtrude m 5'xI9' dIsabled parkmg access aIsle Chapter
11 Flonda BUlldmg Accesslblhly Code, SectlOn 11-4 6 3
6 Doors musl not swmg mto dOY accessible pathways
7 Demonstrale that wlumn locatIOns provIde adequate turnmg radIus to aGwmmodate all
ve,hlcu]ar mobJilty WIthout encroachmg mlo other traffic
8 Objects wlthm the Sight distance Inangles must not exceed 30" m helghl from Ihe
pavement Remove obJecls Ihat are mSldc thc slghl dlslance Inangle Ihal do not meel tillS
reqUIrement or provIde other measures to provIde for safe egre,,;,,; ThIS I"; of partIcular concern
for the soulh driveway from the condonuruums and the north hotel dnveways
9 MIrrors to aId motonsls 10 spottmg pedeslnans must not be mslalled m the nuddle of a
dnveway
10 ProvIde a separate eastbound nght turn lane for Baymont Street or a study of the tummg
movements of thiS mteThectlOn (that accounts for pcdestrIan Iraffic) that demonstrate,> a Level of
ServICe D or better
I I Will Ihere be any Improvements to the slgnahzed mtersectJon of Baymont Streel and
Mandalay A venue'J
12 The western dnveway to the proposed hotel conflicts With the Clty'S Commuruty
Development Code m three cases a) Sechon 3-1402 B prohIbits more Ihan one entrance/exIt
per property unless necessary to alleViate congestlOn and Improve traffic flow, b) Secllon
3-102 D I reqmres a nurumum connectIon spaelllg of I 25-feet (the proposed dnveway IS
approx 40-feel from Mandalay and wllhm approx 60-feet of the dnveway 10 Ihe hole] garage)
and c) Seclion 3-102 D 3 prohIbllS new connectIOns wlthm thc functIOnal area of an
mter<;ectlOn unless no other reasonable access IS avaJiable and a study prepared by a regIstered
engmeer demonslrates that Ihc connectIon doe~ not create safety or operal1onal problems
13 CIrcular dn veway musl be able 10 accommodale a tour bus Show tummg radIUS on the site
plan for &uch a vehKle
14 Show hmousme, laxI, bus, and/or shuttle van slagmg al the Iraffic cude
15 Show on the SI Ie plan stagmg area for valet parkmg at the traffic Circle
16 Demonstrate Ihe acceSSIble palh,,; from Ihe pubhc SIdewalk along Mandalay Avenue 1010 the
holel and condolllllllums
17 All of the above 10 be addressed prior 10 CDB
Traffic Impact Fee to be delermmed and paid pnor 10 C 0 (Pmellas County Ordmance)
Development ReView Agenda - Fnday, November 12,2004 - Page 42
ProvIde onc, unbolt .... copy oflbe reduced color buddmg c\evatlOn~ J.dalay Avenue and beach
Sides - 8 5"xll ") for COB presentallon purpo,>e~
2 Provide as part of arc hi lectur a I pldns a roof plan for hotel phase, Similar 10 thai provIded for
resldenllal/relml pha~e
3 ProVIde the matenal and color for all extenor butldmg fimshes on Ihe bUlldmg elevatIOns (wall,
ralhng, facia, columns, balu,>ter,>, w1l1dow moldmgs, archlleGtural embelh"hments, etc)
4 Unclear as to roof structure,> for enhre proJecI, whether Ihc roofs arc fldl roofs or pitched roof,>
En&ure all plans are coordmaled and con'>lstent (flat With parapets or pitched roofs) Code
proVISIOns for "bmld1l1g height" state that for a pitched roof the bmld1l1g height IS mea&ured 10 the
rrud-poml of the pitched roof Code provISion,; for "bm]dmg height" state, however, for a flat
roof the bUlldmg heIght IS mea&ured to the highest fimshed roof surface Archllectura] plans
mdlcate a "decorallve man&ard roof" for the hotel, resldentIa] lower and the mixed u"e smaller
,>tructure (unclear for Ihe bal]room portIOn of the hole!) Such mansard IS not a Pllched roof nor a
parapet, espeCially at a heIght of33 feet from the roof de(,k for the hotcl Height wIil be
mea,>urcd to the hIghest pomt ofthe roof for the decorahve mansard roof Important 10
dIfferentIate due to height restnctlOns under the Tounsl Olslnet and Beach by Oe,>]gn Ensure
plans are clear a~ to roof structure and propo,>ed hClghl I" dlmenslOned properly m relallOn 10
roof slructure AdditIOnally, parapel'> by Code cannot exceed 30 mches above Ihe roof deck
Any proposed parapets exceedmg 30 Inches must be mc\uded m Ihe reque&l, wllh full
JuSl1ficatlOn for all mcred~es May need to redeSIgn roof &tructures 10 meet Code and/or Beach by
DeSign provl'>lons
5 Need to ~how on Sheet 4/15 Ihe VI SI blhly tnangle at the mtersectlOn of Manda]a y A venue and
Baymont Streel
6 Dumpster ,>tagmg area musl be on-:;'lle and not wlthm the nght-of-way of San Marco Street where
]t deletes on-street parkmg
7 Sheet 9/15 - Remove SIgn and note from southeast comer of property that "ExIslmg sign to
remam WIth new project name"
8 On Ihe resldentIa]/retall phase for bolh archltectura] and CIVIl plans, handicap parkmg and lobby
do not match up for bolh Levels 1 & 2 (Sheels 5/15 and 6/15)
9 There IS vehIcular use area not Wlthm the parkmg garage, at least on Ihe north parcel that IS Ihe
drop-offlplck-up area accessed off of Baymont Slreet close 10 Manda]ay A venue Need to show
by shadmg or cros<;-hatchmg the 1I11enor land&cape area<; proVided Need to calculale the
vehICu]ar use area and mtenor landscape area and then mc\ude m Ihe Land Use Dala table on
Sheet 1/15
10 PrOVide Ihe square footage of eXlshng nonreSIdential floor area, the number of eXIslmg dwelling
ul1ll~ (If any) and Ihe number ofexlstmg overnIght accommodatIon umts m the Land Use table
II Need 10 coordmate Ihe Developmenl Agreement, whKh proVIdes for 57 boat slIps (Exhibit N),
With the Parkll1g Demand Study, whIch proVides for 55 boat shps Mu~t subrrut at a future date
for fleXible Development approval for the development of the 57 boal shps on Ihe City property,
mcludmg all Code submittal reqUIrements
12 ProVide the req Ulred number of park! ng ,>paces (Iota] and number per use) and Ihe ba:;'IS for the
parlang calculatJom (IC 1 5 '>paces per dwellIng umt, one spdce per hotel umt, five spaces per
1000 &ffor retat! and the Beach Club) m the Land Use Data table Parkmg Demand Study
proVIdes Ihe Ju&ttficat!on for the prOVided number of spaces (numbers and ratIOs)
13 N umber the sheets In Ihe archllectural package
14 ProVide bUlldll1g heIghts 10 VdTlOUS levelslbUlldll1gs on all elevatlOn& 10 aS~lst m understandll1g
portIOns of the propo<;ed sIte
15 Freeslandmg slgnage m front of the porte cochere forthe hotel and at Ihe mterscellOn of
Manda]ay Avenue and Baymont Slreet mu&1 be reVised to meet the reqUired five-foot ~elbdck
16 PrOVIde the number of on-street park1l1g spaces proposed 10 be lost d]ong Baymont Street, San
Marco Streel and North Gulf view Boulevard due to Ihl& development (that have been used m
pnor Park1l1g Demand Studies to show adequale parkmg I'> proVided for the eXlstmg holel d& well
as other busmesses), a& well a<; the number of on-street ~paces 10 be gamed on Mandalay Avenue
due to closure of a dnveway north of San Marco Streel
17 Show the SIdewalk along the north SIde of San Marco Street on Sheet 5/15 (mu(,h hke Ihat shown
on Sheet lOllS)
18 Remove the walls and waterfall from the City nght-of-way of Manda lay Avcnue
Devclopmenl ReVIew Agenda - Fnday, November 12,2004 - Page 43
J22
~J32
33
19
It appear<> there IS u ,alscd loadmg dock b~lIlg provIded along the J. , property ]me of the hole]
parcel, wIth "omc type ofbUl]dmg or ramp extcn~lOn along Ihc east property !1l1e III thl<; loadlllg
area Label sllch uses/structures Provide greater detaIl a<; to Ihl <; area and Ihe relatlOnshlP of the
raIsed loadmg dock and ramp to the property hne (walls to <;creen the loadmg area from adjacent
propertlCs?) Include the proposed ~t.tback (10 bUlldlllg, pavemenl or whatever)
It appear& Ihere are some encroachmg slructures onto the hotel parcel along the north property
Illle (one-~tory wood <,tmclurC at ]ca<,t) Whal IS bemg proposed 10 deal wlth thls/tht.,>c
encroachmenl(s)" WllI there be any effect of the BUlldmg/Fue Codes on the proposed slrut.ture
or the eXI<;tJng, off-sIte structure?
ProvIde thc land area (squarc footage and acreage), den<y calculatlOn and ISR (mcludmg Ihe
<;quare footage) for the hotel parcel east oflhe vacated west flght-of-way lme of GulfvlCW Blvd
and Ihe land area (<;quare footage and acreage), dem,lty ca\cu]alJon, ISR (mc\udmg the square
footage) dnd FAR (for relal] square footage) for Ihe resldenhal parcel east of the west hne of the
platted ]01 11l1e~ for Lois 1-13 of the Clearwater Beach Park SubdlVlslOn ProvIde 10 Ihe Land Use
table on Sheet 1/15 Land areas should match the acreage amounts h<;\(,d m Ihe bound booklel
under Redevelopment Parcels
A comp]ele vacatIOn request for N Gu]fvlCw Blvd, WIth no objectIOn letters from all affecled
ulJ\lly proVIders, must be submItted to Eng10eenng by the Deve!opmenl ReVIew Comlnlttee
(ORe) meet1l1g
ProVIde the proposed setback from all property hnes to all pomt<; of all <;tructures (pavement,
bUlldlOg, pool deeb, cte ) for bolh the hotel parcel and the resldentlal parcel
Sheet 4/15 - SIdewalks north of the pool area and west of the hotel bUlldmg seem to fade 10
nolhlOg/go nowhere Connect Ihese SIdewalks up W1th somelhmg or ,>how where Ihey end
IdentIfy on the ~lle plan (Sheet 4/15) Ihe mlended purpose of the portIOns ofbm]dlOgs 10 remam
m Ihe northwest and southwest comers of the hotel parcel
Sheet 5/15 - Show on the '>Ite plan any proposed Sidewalk access to the storage umts on the west
SIde of the parklOg garage
Landscape plan for the condominIUm parcel (Sheets LA-02 & LA-06) needs to bc ~eparated out
mto a landscape plan for Ihe (1) ground level and (2) ]evel3 (above the two levels ofparkmg &
relaJ! )
ProVide all delmls of how the ]andscapmg, espeCially trees, wil] work on top ofthe parkmg
gdrage for the resldentlallcondom1OlUffi parcel Include cross-sections to 10dlcate how thIS all
works
Under Ihe Land Use Data lable, proVIde the land area of the upland, as we]] a~ Ihe beach area, for
bolh Ihe hole] parcel and the re<;ldentla] parcel
ProVIde responses to all ComprehenSIve Infill Redeve]opment Project and General Apphcablhly
cnlefla for all requested reduchons, mcreases or deViatIOns set out by ,;taff 10 the request
Unclear why the bun]dmg could nol bc deSIgned With open gralmg or wrought ]fon bar~ m the
wa]]<; adjdcent to the dnveways on Ambler Streel and San Marco Street and at the IOter<,ectlOn of
Manda]ay Avenue and Ambler Street to prOVIde VI'>lblhty 10 Ihe molonsts to md m viewing
pedeslnans (IC vlslblhly tnanglcs)
ProVide additional studle~ of comparative beach clubs pnor to DRC revIew
"Oulslde membershIps" m the beach club nccds to bc dcfined m the defimtlOn sectIOn of
Deve]opment Agreement by a speCIfic geograpluc area m close proxlnllly 10 <;Ite
Landscap10g on Mandalay and Baymont - JMC to prOVIde cost esllmate of lands cap 109 at DRC
meetrng ThIS rnformatlOn to be checked by Pubhc Works and lotal costs to bc mc\uded m staff
report, quantlfymg the developer's obhgatlon 10 exchangc for denSIty pool conslderatlOn
Developmenl RIghts - JMC to prepare table more fully document1Og the eXlstmg uml&, Gray
settlement um Is, denSIty pool umts, JMC's hate] umt& used to convert to commercial FAR, etc
ThiS table wlll be lOserted mto the project book under the Redevelopment Parcels lab AND on
the sIle plan Can be part of DRC resubnu tta] - but would prefer to revIew pn or 10 Ihat to make
sure II 1& clear dnd CIty I~ 111 agreemenl
jMC to revise Exlublt D of Developmenl Agreement, Schedule to state that project &chedule IS
subJecI 10 speCific schedule delmls m appropnate DA section, and that tho<;e oul&lde dates are the
dates Ihat Ihe Developmenl Order wlll use Can be part ofDRC resubmlttal
JMC to show the reqlllred parbng for each me III the proJect-thn. InfomldtlOn to be proVided In
Traffic Study III Ihe project book AND on thc &It(, plan To be done by DRC meetmg
Comprehemlve SIgn Progrdl1l - proVIde dllnenslOns for all proposed slgnage, a<; well a&
"quare-footage ProVIde slgnage and detall<; for relall bu<;me<;<;c<; <1<; part ofpdckage ProVide
color<; of aE propo<;eJ <;lgnage
ProVIde Ihc squaIC footage for hotel rooms
20
21
23
24
25
26
27
28
29
30
31
34
35
36
37
38
39
Development ReView Agenda - Fnday, November 12,2004 - Page 44
40 Site plan sheel 4/1.) Hldlcates a lerrdce ed~t oflhc hotcl bdllroom C ~hect~ In the clvll ~]Ie
plan set, the landscape plan sel and Ihe arch]tectural plan .;,el are nol coordmated <;howmg Ih]s
terrace Revl ~e all appropriate sheets 10 ellher provIde for Ihe lerr ace or 10 rL move Ihe terrace
41 SmLc ~tacked parkmg (not the additIOnal valel stacked parking mdlcaled In Ihe Parking Demand
Study) IS not allowed by Code Request mu.;,t mclude th]<; as part oflhe propo<;al, wIth full
J usl] ficatJ on
42 En<;ure thai all floor area below BFE (due to FEMA VE zone) Will be penmttable MdY need to
check wllh BUlldmg Department and, as necessary, revise plans poor to resubnusslOn ofplao<; to
Planmng
43 Provide full Ju~lIficallOn (narrative, drawmgs, elc) of compliance With Beach by DeSIgn,
c<;pccmlly mcludmg compliance wllh the DeSIgn GUldelme~ For the reSldent]dl tower thai
cxeeed" 1 00 feet m height, J ushficatlOn must dddress the prOVIsIOns for "B H mght" on Pages
57 - 59 (1 Icms I, 2b and 3), "C Deslgn, Scale and Mass of BUildings" and "0 Selbacks" Provide
any eros~ "cctlOO<; or dimenSIOns on elevallOns 10 show comphance and all floor plate
calculatIOns, butldmg envelope and percentages
Other'
No Comments
Notes:
~' -\<> C l;lt> . "L 1...'1. ....:" \, 1 I \ II tlJ e <I-
Development ReView Agenda - FnddY, November 12, 2004 - Page 45
2:05 pm
Ca...e Number PLT2004-00tr. v - 500 MANDALA Y AVE
Owner(s) Florida Clearwaler Beach Hotel
Po Box 7210
De& Momes, la 50309
TELEPHONE No Phone, FAX No Fax, E-MAfL No E01m]
Applicant Cbr Develop01enl I Llc
220\ Fourth Slreet North
SI Pelersburg, FI33704
TELEPHONE 727-823-0022, FAX No Fdx, E-MAIL jhobaeh@j01edev com
RepresentatIve E D Armstrong
Po Box 1368
Clearwater, F1 33757
TELEPHONE 727-461-1818, FAX 727-44]-8617, E-MAIL ed@Jpfinncom
Location: 9 77 ACRES (HOTEL SITE 7 36 ACRES, RESIDENTIAL SITE 2 41 ACRES) LOCATED ON THE WEST
SIDE OF MANDALA Y A VENUE BETWEEN SAN MARCO AND AMBLER STREETS
Atlas Page: 267A
Zomng Dlstnct. T, TourI&1
Request Prelimmary Plat
Proposed Use Overnight aecommodallOns
Neighborhood Clearwater Beach AssociatIOn
AssoclatIon(s)' Clearwater, FI 33767
827 Mandalay Ave
TELEPHONE 727-446-5801, FAX No Fax, E-MAIL dmacnav@att net
Neighborhood Clcarwater Neighborhoods Coa]ltlOn
Assoclahon(s). Clearwater, FI 33761
2544 Fnsco Drive
TELEPHONE 727-725-3345, FAX No Fax, E-MAIL Djw@gte net
Presenter. Wayne Wells, Planner III
Attendees Included CITY STAFF WAYNE WELLS, CHTP GERLOCK, SCOTT RICE, ANN
BLACKBURN-DOWNS, RICK ALBEE, ARDEN DITTMER, CYNDl T ARAP ANI
APPLICANT/REP E 0 ARMSTRONG, ED MAZUR
The DRC reviewed this applicatIOn With the folJowmg comments.
General Engmeermg:
No Comments
Environmental:
No Commenls
Fire'
No Comments
Harbor Master.
No Commenls
Legal.
No Comments
Land Resources.
No Commenls
Landscaping
I no Issues related to plat
Parks and Recreation.
Open Space and RecreatIOn Impact fees are due pnor to find I plat These fees could be
substantial and It IS recommended that you conldct Deb Richter al 727-562-4817 to calcu]dte
the assessment
Stormwater:
No Comment~
Solid Waste:
No Commenls
Traffic Engmeermg.
I No Issues for pial
Development ReView Agendd - FnddY, November 12,2004 - Page 46
2:05,pm
Case Number DV A2004-01.- _ ~J -- 500 MANDALA Y A VF
Applic.lOt
F]orlda Clearwater Beach Hote]
Po Box 7230
Des Momes, Ia 50309
TELEPHONE No Phone, FAX No FdX, E-MAIL No Emal]
Cbr Deve]opment I LIc
2201 Fourth Slreet North
5t PeteNburg, F] 33704
TELEPHONE 727-823-0022, FAX No Fax, E-MAIL jhobach@jmcdev com
Owner(s)'
location. 9 77 TOTAL ACRES (HOTEL SITE 7 36 ACRES, RESIDENTIAL SITE 241 ACRES) LOCATED ON THE
WEST SIDE OF MANDALA Y A VENUE BETWEEN SAN MARCO STREET AND AMBLER STREET
Atlas Page. 267A
Zomng District. T, Tounst
Request ReView of, and recommendahon to the Clty Councl], ofa Devclopmcnl Agreement between CBR
Development I, LLC dnd CBR Development II, LLC and the Cay ofClcarwater
Proposed Use' Oveffilght accommodallOns
Neighborhood Clearwater Beach A<;<;oclallOn
Assoclahon(s): Clearwdler, Fl33767
827 MandaJay Ave
TELEPHONE 727-446-580], FAX No Fax, E-MAIL dmacnav@att net
Neighborhood Clearwater Neighborhoods CoalitIOn
AssocJahon(s): Clearwater, F] 33761
2544 Fnsco Dnve
TELEPHONE 727-725-3345, FAX No Fax, E-MAIL Djw@gte net
Presenter Wayne Wells, Pldnner III
Attendees Included. CITY STAFF WAYNE WELLS, CHIP GERLOCK, SCOTT RICE, JOE COLBERT, CYNDI
TARAPANI
APPLICANT/REP ED ARMSTRONG
The DRC reviewed this apphcahon with the followmg comments'
General Engmeermg:
No Comments
En vlronment.tl'
No Commenl~
FIre.
No Comments
Harbor Master:
No Comments
Legal
No Comments
Land Resources:
No Comments
Landscapmg
No Comments
Parks and RecreatIOn:
No Commenls
Stormwater:
No Comments
Sohd Waste:
No Comments
Traffic Engmeermg
No Commelll~
Planning
No Conuncnts
Other
No Commenls
Notes
Deve]opment Revlew Agenda - Fnday, November 12,2004 - Page 48
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lOOl/El160 '6MP VSS2\selle P
6UDlP 'wv if. 20 60
Hunter Hotel Company
Po Box 7230
Des Momes, la 50309-7230
TELEPHONE No Phone, FAX No Fax, E-MAIL No Enlall
Mandalay Investments, Llc
2201 Fourth Slreet North
St PetersbUlg Fl 33704-4300
TELEPHONE No Phone, FAX No Fax, E-MAIL No Em3l1
Cbr Development I, LIe
2201 Fourlh Street NOllh
St Petersburg, Fl 33704
I ELEPHONE 727-823-0022, FAX No Fax, E-MAIL Jhobaeh@JlTIcdev com
E D Armstrong Ill, EsquIre
Po Box 1368
Clearwater, FI 33757
TELEPHONE 727-461-1818, l<AX 727-441-8617, E-MAIL ed@Jpfirm com
LocatIOn 9 77 total aCles (hotel Slle 7 36 aCles, resIdential site 2 4 I acres) located on the west side of Mandalay Avenue
between San Marco Slreet and Ambler Slreet
Atlas P<lgC 267 A
Zonlllg Dlstnct T, TOUllSt
Request (I) flexible Developmenl Jpploval to penmt 260 overnight accommodatlOn units 120 attached dwellmgs
and 11,000 square ket ot retaJI sales and serVIces as a mIxed use (with lIloease m density of 141 hotel
rooms from the Beach by Design density poo!), With reductJOns to Ihe front (east along Mandalay Avenue)
selback (between Baymont and Ambler Streels) trom 15 feet to zero feet (to bul1dlllg) and from 15 feet to
6 9 feet (to pavement), a reduction 10 the Iront (north along Ambler Street) setbaci-. from 15 feet to five feet
(to bUlldmg), a reductJOn 10 the front (east along Mandalay Avenue) setback (between San Marco and
Baymon! Streets) from IS feet to zero feel (10 bUlldmg), a I educt JOn to the flOnt (south along San Marco
Streel) from IS feet to Lero feet (to blllldmg), a reductIon to the side (west) selback (Coastal Construction
Control LlIle [CCCLl) from 10 feet to zero feet (to buddmg and pool deck) and 10 allow Improvements west
of Ihe CeCL, a leductlon to the sIde (east and north between San Marco and Baymont Streels) trom 10 feet
to five feet (to buddmg), reductions to the sJde (east and north, nOlth of Ambler Street) from ]0 feet 10 five
feel (to bLllldmg) and from 10 feet to one-foot (to pavement), an IIlcrease to bUlldmg heIght from 35 feet to
94 17 feet (to 100f deck) for the proposed overnight accommodation use (With an addltlOnal 33 feet for
parapets), an II1crease 10 bUlldmg height fi om 35 feet to 149 33 teet (to roof deck) tor the proposed
resldenml buildmg (With an addltJOnal 29 33 feet for parapels) a reductIon to reqlllred parklllg from x
spaces to y spaces and a deViatIOn to allow stacked pat kmg, as a ComprehensIve Infill Redevelopment
ProJect, under the provIsions of Section 2-803 C, and to el1mmate the requIred foundatIOn landscapmg
along Mandalay Avenue and San Marco Street, as a Comprehensive Landscape Program, under the
prOVIsions of Section 3-1202 G, (2) Prchmmary Plat approval (PL 12004-00016) for two tOls, (3)
Complehenslvc Sign Program approval under the proVISIons of Section 3-! 807 (SGN2004-09020) ,and (4)
the vacatIOn of Beach Drive (North Gulf view Boulevard) between San Marco and Baymont Streets
Proposed U~e O\ell1lghl accommodatIOns
Nelghburhood Clearwaler Beach AssocmllOn
ASSocldhon(s) Clearwater, Fl 33767
827 Mandalay Ave
TELEPHONE 727-446-5801, FAX No Fax, E-MAIL dmamav@att net
NClghborhood Clearwater NeIghborhoods CoalitIOn
ASSocldtlUn(s) Clearwater, FI 33761
2544 Fnsco OJ lve
I ELEPI-IONE 727-725-3345 FAX No Fax, E-MAIL DJw@gte net
Prcsenter Wayne Wells, Planner III
Attendees Included Clly Staff Wayne Wells, Cll1p Gerlock, Scotl Rice, Ann Downs Blackburn
ApphcantlRcp ED Armstlong,O C Cablcra, Michael Cheezum, Jayne Sears, DaVId MdCk, Lee Allen
Other Carl Wagenfohr
The DRC revlcwed thiS appllcatlOll With the follO\Hng comments.
Gcneral Engmeenng,
",
2'05 pm /
Cd~C Number FLD2004-09ub8 n 500 MANDALA. Y AVE
Owner(s)
Owncr(s)
Applicant
Represell ta tlve,
R~
" & \ ~ e 0+
Ot:~
C '" ~.~~
Development ReVIew Agenda - Fnday, November 12, 2004 - Page 41
I) Need to IdentIty Jnd specdy width of proposed pubhc sidewalk alUl1g Mandalay Avenue
2 ) Need to show sa te path with 111 the ex IS tmg pedestllan easement fI om Ambler S treel to the
~eawall
3) Need to plovlde a sidewalk along Ambler Stleet per Commul1lty Developmenl Code SecllOn
3-1701
4) Need to provide a 24-foot wide pavement for two-way traffic on Ambler Street
5) The proposed waterfall cannot be constructed wlllull the nght-of-way of Manda lay Avenue
( CommllllllY Development Code sectIOn 3-1909 0 )
6) The proposed landscape walls cannot be conSlrucled wlthmlhe nght-of-way of Mandalay
A venue (CommullJ ty Developmenl Code ~ec tlOn 3 -1909 D )
7) The proposed bUlldlllg shall not be constmcted wlthm the eXlsllllg pedcstr3m easement
( Co nmllll1lty Development Code section 3 -1909 0 )
8) Need to show vehicle path fot tractOl tla]!eIS acce~~mg Ihe loadmg dock
9) Need to show how sohd waste tlllck will be able to maneuver and service Ihe proposed
compaclor
10) The proposed terrace near the mtel sectIOn of Mandalay Avenue and Ambler Stl eetl~ w]thm
the sight trangle
11) W tth the hote I walls, a passenger vehicle n]1 mg the gat age onto Amb ler Street WIll encroach
11110 oncolllll1g tt a ffic
12) rhe "E:\ISllllg Sign To Remam "al Baymont Stt eet and MJndalay A venue must be t emoved
13) A Fue Department ConnecllOn cannot be construcled wlthlll a nght-of-way (Mandaly A venue
and Baymont Slreet)
14) Need to proVIde a walel mam loop for eXlstmg fire hydrant on Ambler Street
1 5) No new wnSlructlOn allowed sea wat d 0 f Ihe Coasla I Construc tlOn Control Lll1e unless the
plOper perml Is are obra ll1ed
16) Need to plOvlde addlliOnal fire hydrant(s) to meet Fire Department reqUirements (no fire
protectIon for west Side 0 f proposed hotel or the detached bUlldmgs at the northwest corner 0 f Ihe
sIte)
17) A 4-ll1ch domestIc water meter IS proposed to be Illstalled wlthm the travel way of Ambler
Street The proposed meter shall be lllstalled outSlde of any Improved surface
18) GenerJl Note Need to show a 2-foot hOllzontdl clem ance from any vert]cal obstructlOn for all
publK Sidewalks, eXlstmg or plOposed
19) On Sheet 12 of 15, need to remove wtstem dll ve apron from San M aI co Street and restore
nght-oi-way
20) Need to show the stnppmg for all SlIeet parkll1g spaces on San Marco and Baymont Streets
21) Need to accurately deplclthe relocated water mam near the east plOperty Ime of the
Mandalay Beach Club
22) On Sheet 10 of ] 5, need to expand note on dnve apron removal along Mandale A venue to
mclude coordmat]on of the removal and CUI b replacemenl with Ihe lI1stallatlOn of pmkmg melers
fOJ public parkmg
23) Need 10 show the nght-of-way of Baymont Street as 65-feet nol 40~feet
24) The City must be compensdted for the approximately ten metered parkmg spaces that will be
lost (54550 per space)
25) Need to show and mdlcate what lS planned for the e.\.lstmg gas mam wltlun Ihc nght-of-way
of the pJOposed vacated Gulfv]ew I3lvd
26) Demonstra Ie access to the pt oposed slol dge mt on the west Side of the proposed
condOll1mlUms Also show doors, stoops, etc
27) Water mam along San Marco Street needs to be looped
28) The pJOposed shower at the west end of the Baymonl cul~de-sac may not be a safe local1on
Need to show pad, dramage and seatlllg faclhhes How Will thiS water be melercd
29) Where do VISItors park? (Guests, service and delivery vehicles, elc )
30) lnclude WIth the slle plan sheets a drawlllg 1I1dlcatlllg where additIOnal park1l1g spaces can be
gamed dUllng peak penods when lllcreased valet parkmg ]S ul1hzed
31) AddillOna! comments may result from I eVlS10ns subl1lltted addresslllg these eommenls
32) Page 4/15 mdlcates an ouldoor ten ace al the southwest comer of the IlltersectlOn of Mandalay
A venue and Ambler Street Sheet 11/15 mdlcales a baekflow preventOJ and meter at the same
location, whlch appears 10 be under Ihe ouldoor terrace Resolve conflict (Conm1ent added by
W Wells per diSCUSSIOn wllh S Rlce)
33) All of the above to be addressed pnor to COB
Landscape ArGhItecture Conunents
Dcvelopmenl ReView Agenda - Fnday, November 12, 2004 - Page 42
I Roundabout for San Marco Street not shown
2 Sidewalks on San Marco Stleet should remam as constlUcted by the City
3 Landscape and CIVil plans confllcl as the Landscape plans show plantmgs at the proposed
dnvcway ofTSan Marco Street
4 Plantmgs Illsla11ed by Cay along San Marco Street should remam
5 SIdewalk along Mandalay Avenue should be 8-feet Wide, mllllmum
7 Landscape plan along Mandalay Avenue shows \Vaslungtoman Palms, while the C1ly lemplate
for Mandalay Avenue utlhzed Cabbage Palms need to be consistent With adJacenl, eXlstmg
landscapmg
8 Accuralely locate Progress Energy transformer along Mandalay Avenue and prOVIde for access
and mallltenance reqwrements
9 Show pi oposed ]ocaliOns of eXlstmg and proposed hghlll1g and SIdewalk furniture along
Mandalay A venue
10 Show conlllluous Sidewalk alng soulh SIde of Baymont Street (plantll1gs proposed at entrance
to condomllllUm dnveway)
II Show dnveway and parklllg for property on the soulhwesl comer of Mandalay A venue and
Baymont Stleet
12 Landscaplllg and streelscaplllg for Baymont Street should be conslSltent With the City
lemplate for San Marco Street to prOVide conslsltency and mamtall1 appeaJance of pubhc access
PnOl to bUlldll1g pell1ut, plovlde detailed constructJon drawmg of the proposed slorm water Illle
exlenSlOns
En v IfOnl11en tal
I CautIOn - Sea oats on the water Side of the Coastal ConstructlOn Lme may not be disturbed
unless the pI oper pelllllts are obla lI1ed from DE P
PrOVIde a plan showmg the proposed method of Fire Emergency vehicle turn-around on bolh
Baymont Street and San Mal co Street If the turn-around ll1volves the vehicles havmg to dnve
on any ramped area over a VOIded or vaulted area, the ramps must be bwll 10 a HS-20 deSign
Should Ihe turn-around arca necessitate the vehJCies 10 pass under any part of the bwldmg, Ihe
height from the road surface to the undersIde of the bmldmg must be at least thirteen feet SIX
mches (13' 6")
HIgh-rise stmctures leqmre full fire protectIOn systems mcludJJlg, bul not lmuted to, a fire pump
and a genelator If fil e pump IS e lectnc, and be deSigned to meel Ihe mmlmum I eqUlrements for
fire alarm equipped with vOice evacuatIon & fire fighter two-way commumcatlon, Central
Control StatIOn, pressunzed stairwells, stamvell markmg as per the FIOllda Flrc PreventIon
Codc-200l EdlllOn and NFP A JO I Lite Safety Code 2000 EdltlOll Stan way Identlficatloll shall
be deslgnaled by the SIde oflhe strucnne the staIrway IS located 011 by Ihe WOlds "ALPHA" for
the address Side of the structure 1 he olher SIC!eS Identified clockWIse as "BRA Va", "DELTA"
and "CHA RLI E" [f localed 111 the COl nel of a structure the stalnva y "ha 11 be Ide ntl fied by the
two Sides that 1I11ersect I e "ALPHA / BRAVO"
ThIS DRC ReVIew by FIre IS not an approval or leVlCW of any construclion plans or documents
other Ihan site work
A Cald Reader IS shown m the mIddle of Ihe agreed upon Fire Depaltmenl turn-around on the
South Side of Baymont Street Please adVIse how IhlS Will work
Harbor lVLlsler'
I No Issues I am workll1g wllh legal on a dock agreement for a non-adJommg sIte which mayor
may nOI be separale to thiS document BIll Morns
Fire
1
Legal
1
2 Pnor to bUlldmg pemlll, proVide sea turtle fnendly hghtmg (Ord No 6928-02) Development
code, SectIOn 3-1302 subsectlOll 0
2
3
4
No Issues
11ll1d Resources:
ReVise "'I ree Removal Schedule", accent liees should be hl11lled to Llgmstll.lm, Holly, Bottle
Brush and Mimosa only Evelgleens and Pmes should be lmuted to Pllles, and Evergreens
only ReVise prlOl to bUlldmg perrrut
Land sea plllg
I no I"sues
Developmenl ReView Agenda - Fnday, November 12,2004 - Page 43
Parks and RecreatIOn'
1 Open Space and RecreatIOn Impacl fees are due pI lOr to bmldmg perITllt Issuance of final plat (If
applicable) whIchever occurs first These fees could be substantial and It IS recommended that
you contact Deb Rlchler at 727-562-4817 10 calculate the assessment
Stormwater'
I Extend survey to north along Mandalay 10 pomt approxm13tely 50 feet beyond proposed
storm crossmg
2 Add nole on plans "All storm pipe to be construcllOn to City of Clearwater Standards" Text
regardmg the wrapped Jomls may be removed as thiS IS mcluded m the Slandards
3 All curb Inlets to be FOOT Inlets, detall 2] 0 \vlth back constlucted out of bnck per OptIon
4 Indude curb flow Ime and Ihroat elevatlOn~ for all proposed mlets
4 Plovlde proposed elevations along a \I proposed curb
5 AI seawall outfall, atlas shows a JunctIOn connectIOn with a stub out and gl ate mlet to the
nOl Ih that IS not shown on plans VeIl fy by SUI vey Replace gra Ie mlet wllh curb mlet
6 Ambler & Mandalay, locale and venfy mlets located to the NW and SW of Manhole 0
RedeSign grate mlets for curb llllets
7 Ambler & Mandalay, eXlstlllg storm CroSSlllg to be lemoved, not glOul filled
8 SpeCify and state size of pipe between structures 0 and F to be removed
9 Inverts for mlet f contams typographical error
10 Baymont Slreet, proposed structures 5 and 7 shall not be located wllhm CUI b return or
radIUS
11 Baymonl Street south dnveway, what IS the surface Iype on the easlem portIOn oflhe
dnveway?
12 Baymonl Streel dnveway~, speCIfy curb up to Ihe ROW Imes
13 Baymonl Street dnveways, construct valley gutter curb across dnveways
14 EXlstmg Beach Street contams a force mam outfall from the pump slatlOn Idenlifyon
survey and speCIfy 10 be removed
15 Stormwater Pump Station, speCify eXlslmg pipes to be removed Do not grout fill pipes and
abandon
16 San Marco Street, new mverls are reqUIred on all structures on thiS storm Ime EXlslmg
flow IS E-W, must reverse to W-E
17 San Marco Street, eXlstmg grate mlet shall be removed replaced With manhole
18 San Marco Street, add a curb mlel at the easl end 0 ton-street parkmg to m tercept flows
pnor to Mandalay
19 San Marco & Mandalay, venfy Ihal Ihe size of eXlstmg manholes and JuncllOn boxes are
adequate for new plpe
20 Label filter area on each vault delail (plan view)
21 Fllter dram detail, why IS the separatlOn wall between the filter and storage area about 3 "-6"
below Ihe DHW" It would seem the excess flow over the top would Gause unnecessary
turbulence and disturb the filter medm
22 F liter dram deta II, detall pemlanent connectIOn of 30 mll lmer to fi Iter fabnc to CI ea te
plt:vent wa ter fJ om bypassmg the fillet
PnOl to Bmldmg Permlt
I Detail each utllity crossmg for pOSSible confllll or profile proposed pipe wlthm ROW
2 Filter dram det3l1, wrap 6" Perforated PYC m filter fabnc or sock to prevent the discharge of
fine sedlmenl
3 Filter dram detat!, speCify the #57 Stone to be washed pnor 10 ll1stallatlon
4 Fl1tel dram detail, the 6" betv,reen ll1vert of 6" PVC and structure botlom Will plOvlde a
constant wet conditIOn and Will not contllbute to filter funcl10n Is there a reason for thiS') If
not, please revise bottom of structure
5 Dramage Calculations, Area of Fllter should be calculated by the distance that IS
perpendICular to the flow Ihrough Ihe sand multiplied by the lenglh of the filter Please venfy
calculallOns
Solid Waste
1
All Solid Waste stagmg areas need to be clearly marked
where Will recycling bms be placed for condo umts
Please wOlk wlth Ihe Solid Waste Department for placemenl of compactor
TI litlle EngIneering
Development ReView Agenda - Fllday, November 12,2004 - Page 44
PI all III IIg
] P a] klllg gal age must ha ve a vert]ca] c lea] alIcc 0 f 8'2" per Chap Ie r] ] F]Q11da B U1]dmg
AcCeSSlb]hty Code, SectIOn 11-465
2 Stacked parkmg spaces undel hotel (Valet parkmg spaces) must not be mcluded 111 the
C1ly's reqUIred parkmg calculatIOns because Ihey do not comply wllh the Clly's Commulllty
Development Code (SectIOn 3-1402) 11/1/04 - PER PLAN1\HNG - STACKED SPACES MAY
BE COUNTED TN VALET PARKING AREAS
3 General Nole Garage supports such dS walls and colunms mu.'.t not mtrude wnllln pa]kmg
stall dimenSIOns (Connnumty Development Code SectIOn 3-1402)
4 Genera] Nole Garage supports such as walls must not ]mpcde dnver's Sight vlSlbll]ty when
backmg out ofparkmg space (Commumty Development Code SectIOn 3-1402)
5 General Note Columns musl not Intrude 111 5'x 19' dIsabled parkll1g access aisle Chapter
11 FlOrida BUlldll1g Access]blllty Code, SecllOn 11-4 6 3
6 Doors must nOI swmg mlo any accessIble pathways
7 Oemonstrale that column ]ocallOns proVide adcquate tummg radIUS 10 acwnm10date all
vehicular mobility w]lhoul encroachmg mto other traffic
8 Objects wlthm Ihe sIght dlslance triangles must nol exceed 30" 1Il height from the
pavement Remove objects that are 1I1S1de the s]ghl dIstance tnang]e thai do not meet thIs
reqll1rement or provIde other measures 10 provIde for sa fe egress ThiS IS of pa]tlcular concern
for the south dnveway from the condomll1lUms and the norlh hotel driveways
9 Mm-ors to aid motonsts \11 spotlmg pedestnans must not be mstalled III Ihe mIddle of a
dnveway
]0 ProvIde a sepal ate eastbound right tull11ane for Baymont Streel or a study of the lummg
movemen ts 0 f tIllS lIltcrsectlOn (that accounls for pedestnan traffic) that demonslra tes a Level of
Service 0 or better
II W]II there be any Improvements to the slgnahzed mtersectlon of Baymont Stleel and
Mandalay Avenue?
12 The western dnveway to Ihe ploposed hotel conflicts w]lh the CIty's Commumty
Deve lopment Code 111 Ihree cases a) Secn on 3 -1402 B prolllbl ts more than one en trance/ex It
per property unless necessary to allevmle wngestlOn and Improve traffic flow, b) SectIOn
3-] 02 D 1 reqUIres a 11llnlmUm connecllOll spacmg of 125-feet (the proposed dnveway IS
approx 40-feet from Mandalay and wllhm approx 60-feet of the dnveway 10 the hotel garage)
and c) SectIon 3-10203 ploh]bl\.'. new COill1ectlOns w]thm the functlOna] area of an
mtelsectlon unless no other] easonable access IS aval]able and a study prepared by a registered
engmeer demonstrates thJ. t the COill1ectlOn does not create sa fety or ope] atlOna 1 prob ]ems
13 CIrcular dnveway must be able to accommodate a tour bus Show lummg radIus on the sHe
plan for such a vehicle
14 Show hmousllle, lax], bus, and/or shuttle van stagmg at the traffic Circle
15 Show on the SIte plan staglllg area for valet parklllg at the traffic CIrcle
16 Demonstrate the accessIble paths from the public Sidewalk along Mandalay A venue mto the
hotel and condomllllUms
17 All of the above to be addressed pnor to COB
TJaffic ]mpacI Fee to be detenruned and paId pllor 10 CO (Pmellas County Ordmance)
Development ReView Agenda - Fnday, November 12, 2004 - Page 45
Provide one, unbound copy of the reduccd color bUlldmg elevatIOns llvIadalay Avenue and beach
sIdes - 8 5"x 11 ") for COB presentatIOn purposes
2 Provide as pal t of arch]lectural plans a roof plan for hotel phase, Similar 10 Ihat proVIded tor
res]dentml/reta tl phase
3 ProVide the material and color fm all e:\tenOl bUlldmg finishes on the bUIldmg elevalIOns (wall,
IaIlmg, facIa, colunms, balustel s, wmdow moldmgs, architectural embelhshments, etc )
4 Unclear as to roof structules for entIre project, whether the roofs are flat roofs or pItched roofs
Ensure all plans arc coordmaled and consIstent (flat with parapets or pItched roofs) Code
proVIsions for "bUlldmg helghr" state that for a pitched roof the bUIldIng heIght IS measmed to Ihe
nud-polnt of Ihe p Itc hed roo f Code provIsIOns for t1 bUIldmg height" state, however, for a fla I
lOaf the bUildIng height IS measm ed to Ihe hIghest finished roof surface AlchItectural plans
mdlCate a "decO! atlve mansard roof' for the hotel, resldenhal lower and the nll:\ed use smaller
structure (unclear for the ballroom porhon 0 t the hote I) Such mansard IS not a plte hed 100f nor a
pal apel e.'>pellally al a height of 33 feet flOm the lOaf deck for the hotel HeIght WIll be
measUl ed to the lughest poml of the roof tor the decoratIve mansard roof Importanl to
d Iffel ent]ate due to he Ight restflctlons under the T OUIISt 0 IStllCI and Beach by Des Ign EnsUl e
plans are clear as to roof structme and proposed height ]S dllnensIOned propelIy m relatIOn to
roof structure AddItIonally, parapets by Code cannot exceed 30 Inches above thc roof deck
Any proposed parapets exceedmg 30 Inches must be mcluded 111 the request, WIth full
JustlficatlOl1 for allllKreases May need to redesign roof structures to meet Code and/or Beach by
DeSIgn proVISIons
5 Need to "how on Sheet 4115 the VISibIlity tnangle at the mtersectlOn of Manda lay Avenue and
Baymont Slreet
6 Dumpsler stagll1g area must be on-SIte and not wlthm the nghl-of-way of San Marco Street whel e
I t de letes on-street parkmg
7 Sheel 9/15 - Remove SIgn and nale from southeast cornel of property that "Exlstmg Sign to
lemam wIth new project name"
8 On the resldenlIal/retall phase for both archnectural and clVlI plans, handIcap parkmg and lobby
do not match up for both Levels 1 & 2 (Sheets 5115 and 6115)
9 There IS vehlcula] use area nol wlthm the parkmg garage, at least on the norlh parcel that ]S the
drop-off/plck-up area accessed off of Baymonl Street close to MandalllY A venue Need to show
by shadlllg or cross-hatchlllg the lIltenor landscape areas prOVIded Need to calculate the
vehlcu]ar use area and Illtellor landscape area and thenlllc\ude 111 the Land Use Data table on
Sheet 1/15
10 PrOVIde the square footage of eXlst1l1g nonreSidential floor mea, the numbel of ex]stll1g dwelling
Ul1llS (If any) and the number of eJ\lstll1g ovel11]ght accommodatIOn umts mlhe Land Use table
] ] Need to coordll1ate the Development Agreement, which provides for 57 boat slips (Exh]blt N),
WIth the Parkll1g Demand Study, whIch proVides for 55 boat slIps Must subnut al a future date
for FleXIble Development approval fO! the developmem of the 57 boal shps on the City property,
ll1cludlllg all Code subnllrtal reqUIrements
12 ProVIde the reqUired number ofparkll1g spaces (tota] and number per use) and the baSIS for the
pmklllg caku]atlOns (Ie 1 5 spaces per dwelhng Ul1lt, one- space per hotel ullII, five spaces per
1000 sf for retml and the Beach Club) 111 the Land Use Da ta table Parkmg Demand Study
proVides the JustIficatIOn lor the prOVIded number of spaces (number~ and ratios)
] 3 NumbeI the sheets mthe arcllltcLtura] package
14 ProVIde bulldmg heights to vanous levelslbUlldlllgs on all eleVaflOl1S 10 assisl 111 understandmg
portIOns of the proposed site
15 Freestandlllg SIgnage 111 front of the pO! te cochere for the hotel and at the ll1tersectlOn of
Manda]ay Avenue and Baymont Street must be reVIsed 10 meet the reqUired five-foot setback
16 PrOVIde the number of on-srreel parklllg spaces proposed to be lost along Baymont STreel, San
Marco Street and Norlh Gu]fv]ew Boulevard due to thiS development (that have bcen used In
pnor Parkmg Demand StudIes to show aclequale parking IS proVided for the eXlstlllg hotel as well
as other bus1l1esses), as well as the number of on-srreel spaces to be gamed on Mandalay A venue
due to closure of a dnveway north of San Marco Street
17 Sho\\l the Sidewalk along the nO!th Side of San Marco Street on Sheet 5/15 (much like that shown
on Sheet 101] 5)
18 Remove the walls and watel fall f1 om the CIty nght-of-way of Mandalay A venue
Development ReView Agenda - Fnday, November ]2,2004 - Page 46
19 [t appears Ihere IS a raised loadmg dock bemg provlded along the north property lllle of the holel
parcel, with some Type of bUlldlllg or ramp extensIOn along the east piOperly lme m this loadmg
area Label such uses/structures ProvIde greater detail as 10 this area and the relationship of the
raised loadlllg dock and ramp to the piOpeliy hne (walls to screen the loadlllg area from adjacent
propel ties ?) Include the proposed setback (to bUlldlllg, pa vemenl or whatever)
20 It appears there are some encroachmg structures onto Ihe hotel parcel along the north property
lme (one~slory wood structure at least) What IS bemg piOposed to deal with thIs/these
encroachment(sp WIll there be any effect of the BUlldmglFlre Codes on Ihe proposed structure
or Ihe eXlstll1g, 0 ff-slle structure')
21 ProvIde Ihe land area (square footage and aCleage), density calculatIOn and ISR (mcludlllg the
square footage) for the hotel parcel east of the vacated west llght-of-way Ime of Gulf view Blvd
and the land area (square footage and ac reage), density calcula tlOn, ISR (Illcludmg Ihe square
foolage) and FAR (for reta II square footage) for the resldentlJ.1 parcel east 0 f the west I me of the
platted 101 hnes for Lots 1-13 of the Clearwater Beach Park SubdlVlSlOll Provlde m the Land Usc
table on Sheet 1115 Land areas should match the acreage amounts listed m the bound booklel
under Redevelopmenl Parcels
22 ProvIde the proposed setback from all property hnes 10 J.ll p01l1ts of all structures (pavemenl,
bUlldmg, pool decks, etc ) for both the hotel parcel and the residentIal parcel
23 Sheel 4/15 - S Idewa lks Ilorth 0 f Ihe poo I area and wesl of the hotel bUlldmg seem to fade to
nothmg/go nowhere Connect these SIdewalks up with somelhlllg or show where they end
24 Jdenlify on the site plan (Sheet 4/15) the mtended purpose of Ihe portIOns ofbUlldmgs 10 remalll
III Ihe north west and south west COlllers 0 f Ihe hotel parcel
25 Sheet 5/15 - Show on Ihe site plan any proposed Sidewalk access to the storage Ul11t.', on the west
Side of the parkmg garage
26 Landscape plan for Ihe condommlUm parcel (Sheets LA-02 & LA-06) needs to be separated out
mto a landscape plan for the (I) ground level and (2) level 3 (above the two levels of parkmg &
I etal!)
27 Provide all details of how Ihe landscapmg, especmlly tTees, Will work on lOp of the parkmg
garage for the resldentJal/condoD1111lUm parcel Indude cross-sectIOns to mdlcate how thiS all
works
28 Under the Land Use Data lable, provide Ihe land area oflhe upland, as well as the beach area, for
both Ihe hotel pal ce I and Ihe res identla I parce 1
29 Provide responses to all ComprehensIve lnfill Redevelopment Project and General Apphcablhty
cntena for all I equested reductIOns, Il1creases or deViatIOns set out by staff Il1 the request
30 Unclear why the buuldll1g could nol be deSigned wllh open gJalll1g or wroughl Iron bars Il1 the
walls adjacent to Ihe dnveway" on Ambler Street and San Marco Street and at the IlltersecllOn of
Mandalay Avenue and Ambler Srreet to plovlde vlslblhty 10 the motonsls to aid III vICwmg
pedestnans (Ie vI.',lblhty tnangles)
31 11116/04 - WW
Per diSCUSSIOn between 0 C Cabrera, Scott RIce and Wayne Wells the addItional studies are
necessary to Justdy the parkll1g demand for Ihe beach club
11/12/04 - WW
AI Ihe DRC meetll1g It was stated that thiS was no longer needed (but see above comment)
11/8/04 - WW
Provide additional studies of comparative beach clubs pnor to ORe revIew
32 "Outside memberships" Il1 the beach club needs to be defined m the defimtlon section of
Development Agreement by a specific geographic area m close proXimIty to slle
33 Landscapmg on Manddlay and Baymonl - JMC to plOvlde cost estlmale of landscapmg at DRC
meetmg ThiS Il1fOnnatlOn to be checked by Pubhc Works and totdl costs to be mcluded Il1 staff
report, quantlfYll1g Ihe developer's obhgatlOl1 1Il exchange for denSity pool consideratIon
34 Development Rights - JMC to prepare table more fully documentlllg the eXlstmg umts, Gray
settlement ulllls, denSIty pool umls, JMC's hotel umts used to convert to commerCIal FAR, etc
ThIS table Will be lllserted IlltO the project book under the Redevelopment Parcels tab AND on
the site plan Can be part ofDRC resubnuttal- bUI would prefer to review pnor to that to make
sure It IS clear and City IS III agreement
35 JMC to revise E'"lublt 0 of Development Agreement, Schedule to slale that project schedule IS
subject 10 specIfic schedule details III appropnate DA sectIOn, and that those outsIde dales are the
dates Ihat the Development Order Will use em be palt ofDRC resubnuttal
36 J M C to sho w the requl1 ed parkmg for each use III the pro Jecl-thls Il1fomla non to be proVided Il1
rlUffic Study III the ploJecl book AND on the site plan To be done by DRC meellllg
Development ReView Agenda - Fnday, November 12,2004 - Page 47
37 Comprehensive Sign Program - provide dlmenslOns fOI all proposed slgnage, as well as
square-footage Provide slgnage and delalls for retail businesses as part of package Provide
colors of all proposed slgnage
38 Provide the square footage for hotel rooms
39 Sae plan shcel 4115 indicates a terrace ea~t of Ihe hotel ballroom Olher sheets In the clVll Site
plan sel, Ihe landscape plan set and the architectural plan set are not coordlllated showing this
terrace Revise all appropnale sheets 10 either pI OVlde for the terrace or to remove Ihe terrace
40 Slllce ~tacked parkmg (not Ihe additional valet slacked parkmg llldlcaled In the Parkmg Demand
Study) IS not allowed by Code Requesl musl mclude this as part of Ihe proposal, wllh full
J UStl fica tlOn
41 EnsUle Ihat all floor area below BFE (due to FEMA VE zone) w1l1 be pemuttable May need to
check Wllh Blllldmg Department and, as necessary, leVlse plans pnor to resubnusslOn of plans to
Planmng
42 Provide full JuslIficatlon (narrative, drawmgs, etc ) of comphance With Beach by Design,
espeClally mcludmg comphance wllh the Design GUIdelines For the residential tower Ihat
excteds 100 feet m helghl, JUStl fica lion musl address the prOVISIOns for" B Height" on Pages
5 7 - 59 (llems 1, 2b and 3), "C Design, Sca Ie and Mass of B Ulldmgs" and "D Setbacks" Provide
any cross sections or dlmenSlOns on elevatIOns to show comphance and all floor plate
calculatIOns, bUIlding envelope and percentages
Olher
No Conm1ents
Noles 1'0 be placed on the 12/14/04 COB agenda, sub nut 15 collalld copies of the reVised plans & application malcnal addresslllg all
above clep.!1 tmenls' comments by noon, 111] 8/04 Packets shall be co lIa ted, folded and stapled as appropnate
Development ReView Agenda - Fnday, November 12,2004 - Page 48
2:05 pm Case Number PLT2004-00u16 -- 500 MANDALAY AVE
Owner(s) Flonda Clearwater Beach Hotel
Po BOA 7230
Des Momes, la 50309
TELEPHONE No Phone, FAX No Fax, E-MAIL No Email
Applu..,lIlt Cbr Development I, Lie
2201 Fourth Street North
St Petersburg, FI33704
TELEPHONE 727-823-0022, FAX No Fax E-MAIL jhobach@jmcdevcom
Represenlalive' E D Annstrong Ill, Esquire
Po Box 1368
CleaIWdler, FI33757
TELEPHONE 727-461-1818, FAX 727-441-8617, E-MAIL ed@jpfirm com
LocatIon 9 77 ACRES (HOTEL SITE 7 36 ACRES, RESIDENTIAL SITE 2 41 ACRES) LOCATED ON THE WES'I
SIDE OF MANDALA Y A VENUE BETWEEN SAN MARCO AND AMBLER STREETS
AtI<l.!> Page 267A
Zonll1g DI.!>tnd. T, Tounst
Req uest Prelimmary Plat for two lots
Proposed Usc MIxed u~e
NClghborhood Clearwaler Beach ASSOClalIon
4SS0ClatlOn(s). Clearwatel, Fl 33767
827 Mandalay Ave
TELEPHONE 727-446-5801, FAX No Fax, E-MAIL drnilcnav@att net
NeIghborhood Clearwater NeIghborhoods CoahtlOn
ASSOClatlOn(s) Clearwaler, FI 33761
2544 Fll~CO Dnve
TELEPHONE 727-725-3345, fAX No Fax, E-MAIL Dj\v@gte net
P rc.!>e n tel" Wayne Wells, Planner II]
Atlendecs Included CITY STAFF WAYNE WELLS, CHIP GERLOCK, SCOTT RICE, ANN DOWNS
BLACKBURN
APPLlCANT/REP ED ARi\1STRONG, 0 C CABRERA, MICHAEL CHEEZUM, JAYNE SEARS, DAVID
MACK, LEE ALLEN, OTHER CARL WAGENfOHR
1 he DRC I eVlewct! !IllS application \'\'Ilh the tOIlOWlllg commellls
General Engmeerlllg.
No Commcnb
EnVironmental.
No Comments
Fire'
No Comments
HJrbor Muslcr
No Comments
Legal
No Comments
Land Resources
No Comments
Lllndscaplllg.
I no Issues lelated to plat
Parks and Recreation,
I Open Space and RecreatlO!1 Impacl fees are due pnor 10 final plat These fees could be
subslantlal and It IS recommended that you contacl Deb Richter al 727-562-4817 to calculate
the J""essment
SlOrmwater.
No Comments
Solid \Vaste.
No Comments
Tramc I<:ngllleenng
1 No Issues for pial
Development ReView Agenda - Fnday, November 12,2004 - Page 49
Planning
No Comments
Other.
No Comments
Notes. TO BE PLACED ON THE 12114/04 CDB AGENDA, SUBMlT ]5 COLLATED COPIES OF THE REVISED PLANS &
APPLlCA TION MA TERlAL ADDRESSING ALL ABOVE DEPARTMENTS' COMMEN rs BY NOON, 1 ]/] 8/04 PACKETS
SHALL BE COLLATED, FOLDED AND STAPLED AS APPROPRIATE
Development Review Agenda - Friday, November 12,2004 - Page 50
Owncr(s).
Case Numbcr DV A2004-0Uu05 -- 500 MANDALA Y AVE
2:05 pm
Owner(s)
ApplItanl
Applicant
Hunter Hole! Company
Po Box 7230
Des Momes, la 50309
TELEPHONE No Phone FAX No Fax, E-MAIL No Emml
Mandalay Investmenls, Llc
2201 Fourth Stlect N0I1h
St PeteJSburg, Fl 33704
TELEPHONE No Phone, FAX No Fax, E-MAIL No Emml
Cbr Development I, L1c
2201 rourth Street North
St Petersburg, FI 33704
TELEPHONE 727-823-0022, FAX No Fax, E-MAIL Jhobach@J1TIcdev com
Cbl Development iJ, Llc
2201 Fourth Street North
St Pelersburg, Fl 33704
-I ELEPI-IONE No Phone, FAX No Fax, E-MAIL No Emal!
Loc.ltlOn 9 77 1'01 AL ACRES (HOTEL SITE 7 36 ACRES, RESIDEN11AL SITE 2 41 ACRES) LOCATED ON THE
WES1 SIDE OF MANDALA Y A VENUE BETWEEN SAN MARCO STREET AND AMB LER STREET
Atlas Page 267 A
ZOlllllg District T, Toumt
Requcst Revlcwof and recommendation to the CIty CounClI, of a Development Agreement between CBR
Development I, LLC and C B R Deve]opment II, LLC and the CIty of Clearwater
Proposed Use. Ml'..ed use
N elg h bor hood Clearwater Beach Assoc Ja tlOn
A"~ou.lllOn(s) C]carwater F] 33767
827 Manda]ay Ave
rELEPHONE 727-446-5801, FAX No Fax, E-MAIL dmacnav@att net
Neighborhood Clearwater Neighborhoods Coa!ltlOn
Assouatwn(s)' Clcarwaler, F1 3376]
2544 Fnsco Dnve
TELEPHONE 727-725-3345, FAX No Fax, E-MAIL DJw@gte net
Pre~enter' Wayne Wells, Planner]1I
Attcndees Included CITY STAFF WAYNE WELLS, CHIP GERLOCK, SCOTT RICE, ANN DOWNS
BLACKBURN
APPLlCANT/REP E D ARMSTRONG, 0 C CABRERA, MICHAEL CHEEZUM, JA YNE SEARS, DAVID
MACK LEE ALLEN, OTHER CARL WAGENFOHR
The DRe rcvlc\\cd this applicatIOn with the lollowlIlg eommcnls
General Engmeerlng.
No Commenls
E II VI ron mcn I.d.
No Comments
Fire
No Comments
Harbor i\1.1slel'
No Comments
Legal
No Comments
Land Resources'
No Comments
La n dsc a ping,
No Comments
Parks .lnd RecreatIOn
No Comments
Slurmwater'
No Comments
Deve]opment ReVIew Agenda - Fllday, November 12, 2004 - Page 51
Sohd Waste
No Comments
('ratfle EngIneenng
No Conm1ents
PlannIng
No Comments
Olher
No Comments
Notes TO BE PLACED ON THE 12/14/04 CDB AGENDA, SUBMIT 15 COLLATED COPIES OF THE REVISED PLANS &
A.PPLICATION MATERIAL ADDRESSING ALL ABOVE DEPARTMENTS' COMMENTS BY NOON, 11/18/04 PACKETS
SHALL BE COLLATED, FOLDED AND STAPLED AS APPROPRIATE
Development RevIew Agenda - Fllday, November 12, 2004 - Page 52
.f1~ ~."
Wells, Wayne
From
Sent
To
Cc
Subject
Rice, Scott
Tuesday, November 09, 2004 11 19 AM
Bertels, Paul, Wells, Wayne
Arasteh, Mahshld, QUillen, Michael
Parking Demand Study - Clearwater Beach Resort - FLD2004-09068
Mahshld asked to arrange a meeting With you to discuss the Parking Demand Study for the Clearwater Beach Resort The
DRC Meeting IS Friday and Thursday IS a Holiday so we need to meet ASAP After listening to the diScussions over the
past few weeks my take on this situation IS as follows
. The two uses where there IS the most controversy are the retail and the beach club
. One space per 1000 sq ft ot retail could be troublesome If the retail conSists of small units (1000 sq ft) one space
may not be suffiCient If the retail IS two large units, the 11 spaces may be suffiCient After one of our meetings at City
Hall, John Hobach called me and stated that If retail parking IS an Issue, the number of "outside" beach club
memberships could be reduced
. I understand the developer IS dOing additional research to Justify the beach club parking
. The hotel parking al 0 8 spaces per unit has historiC Justification for the eXisting hotel where the current ratio IS 0715
spaces per unit
. The pOSSibility of 74 addlllonal valet spaces dunng peak periods could be a good argument for the parking reduction
With total valet parking, meeting code requirements on the condos and retail, uSing historical figures for the hotel and
uSing the developer's numbers for the beach club, I calculate the follOWing
Condos
Hotel
Retail
Beach Club
120 Units
260 units
11000 sq fl
160 outSide members
1 5/unlt
o 8/unlt
5/1000
o 2/member
180 spaces
208 spaces
55 spaces
32 spaces
Total
475 spaces
Available (w/valet)
505 spaces
I have to be out tomorrow, could we discuss thiS sometime thiS afternoon?
D. Scott Rice
Land Devel. Engr. Manager
727-562.4781
scott.r;ce@MyC/earwater.com
1
2:05 'pm I Case Number' FLD2004-09u68 -~ 500 MANDALA Y AVE
Owner(s), Hunter Holel Company
Po Box 7230
Des Momes, la 50309-7230
TELEPHONE No Phone, FAX No Fax, E-MAIL No Emall
Manda]ay Investments, Llc
2201 Fourth Sbed North
St Petersburg, F133704-4300
TELEPHONE No Phone, FAX No Fax, E-MAIL No Emal]
Cbr Deve]opment [ Lie
220 I Fourth Street North
SI Petersburg, F133704
TELEPHONE 727-823-0022, FAX No Fax, E-MAIL Jhobach@JmC"dev com
Representatne. E D Am1strong
Po Box ] 368
Clearwater, F133757
TELEPHONE 727-461-1818, FAX 727-441-8617, E-MAIL ed@Jpfirm com
LocatIOn 9 77 total aCI es (hotel sIte 7 36 acres, residential slle 2 41 aCles) ]ocaled on Ihc west sIde of Manda]ay A venue
beTWeen San Marco Street and Amb]er Street
Atlas Page 267A
Zomng District. T, Tounst
Request (I) FlexIble Development approval to pennlt 260 overnIght accommodatIOn unIts, ]20 attached dwellmgs
and 11,000 square feet ofrelal! sales and servIces as a mixed use (With mcrease m density of ] 41 holel
rooms from the Beach by Design density pool), with reductlOns to the front (east along Mandalay Avenue)
setback (between Baymont and Ambler Streets) from] 5 feet to zero feet (10 buildlllg) and from 15 feet to
6 9 feet (to pavement), a reductlOn to the front (north along Ambler Street) setback from 15 feet to five feet
(to bUl]d III g), a reducllOn to the front (east along Manda lay A venue) setback (between San Marco and
Baymont Streets) from 15 feet to zero feet (to buildmg), a reductlOn to the front (south along San Marco
Street) from 15 feet to zero feet (10 bUlldmg), a reductIOn to the side (wesl) setback (Coastal ConstructIOn
Control Lme [CCCL]) from 10 feet to zero feet (to bUlldmg and pool deck) and 10 allow Improvements west
of the CCCL, a reduction to the side (east and north between San Marco and Baymont Streets) from 10 feet
to five feet (to buildmg), reductIons to the sIde (east and north, north of Ambler Street) from 10 feet to five
feet (to bUlldlllg) and from] 0 feet to one-foot (to pavement), an Illcrease to bUl]dmg heIght from 35 feet 10
94 17 feel (to roof deck) for the proposed overnlgt accommodation use (With an addItlOnal 33 feet for
parapets), an Illcrease to bUlldmg height from 35 feet to ] 49 33 feel (to roof deck) for the proposed
resldentla] bUlldlllg (w1Ih an additIOnal 29 33 feet for parapets), a reductlOn to reqUlred parkll1g from x
spaces to y spaces and a deviation to allow stacked parkmg, as a Comprehensive ]nfill Redevelopment
ProJect, under Ihe prOVISIons of SectIon 2-803 C, and to ehmmate the requIred foundatIon ]andscapmg
along Mandalay Avenue and San Marco Street, as a Comprehensive Landscape Program, under the
proVISIOns of Section 3-1202 G, and (2) the vacatIOn of North Gulf view Boulevard between San Marco and
Baymonl Streets
Proposed Use OvernIght accommodatlOns
Neighborhood Clearwater Beach ASSOCiatIon
ASsoclUhon(s). Clearwater, F] 33767
827 Manda!ay Ave
TELEPHONE 727-446-5801, FAX No Fax, E-MAIL dmacnav@attnet
Neighborhood Clearwater Neighborhoods CoahllOn
AssoClatlOn( s) . Clearwater, FI 33761
2544 Fnsco Dnve
TELEPHONE 727-725-3345, FAX No Fax, E-MAIL DJw@gte net
Presenter Wayne Wells, Planner III
Attendees Included CIty Staff Wayne Wells, Chip Ger]ock, Scott Rice, Joe Colbelt, RIck A]bee, Arden Dlltmer,
Cyndl Tarapam
ApphcantlRep ED Al1TlStrong, Ed Mazur,
'I he ORe reviewed lhl~ dpphc.lhOn With the lolloWlllg comments
General Engineering,
O""ner(s)
l>r~
"6 11.- 04
,...~~
'#~ ~
C~~~
, .
It ,t!...t
Applicant
Development ReView Agenda - Fnday, November 12,2004 - Page 38
I 1 j 1
1) Need to Ident1fy and specify width of proposed public sidewalk alOng Mandalay Avenue
2) Need 10 show safe path wlthm the eXlstmg pedestrian easemenl from Ambler Street to Ihe
seawall
3) Need to provide a s1dewalk along Ambler Street per Commulllty Development Code SectIOn
3-1701
4) Need to provide a 24-foot wide pavement for two-way traffic on Ambler Street
5) The proposed waterfall cannot be conslructed wllhm the nght-of-way of Mandalay A venue
(Commumty Development Code sectIOn 3 -1909 D )
6) The proposed landscape walls Call1iOt be constructed wlthm the nghl-of-way of Mandalay
A venue (Commum ty Development Code sectIOn 3-1909 D )
7) The proposcd bUlld1l1g shall not be constructed wlthm the eXIstmg pedestram easement
(Commul11ty Development Code secl10n 3-1909 D)
8) Need to show vehicle palh for traclor trallels acceSS1l1g Ihe loadmg dock
9) Need to show how solId waste truck will be able to maneuver and service Ihe proposed
compaclor
10) -I he proposed terrace near the mtersectlOn of Mandalay Avenue and Ambler Street IS Wllhm
the slghl trangle
11) With the hotel walls, a passenger vehIcle exJt1l1g Ihe gmage onlo Ambler Streel will encroach
mto oncorrung traffic
12) The "Exlstmg Sign To Rema1l1 "at Baymonl Street and Mandalay Avenue must be removed
13) A Fire Departmenl ConnectlOn call1iot be constructed wlth1l1 a flght-of-way (Mandaly Avr:nue
and Baymont Street)
14) Need to prov1de a water main loop for eXisting fire hydrant on Ambler Street
15) No new constructlOn can be proposed seaward of the Coastal ConstructlOn Control Lme
16) Need to provide add1tlOnal fire hydranl(s) to meet Fire Departmenl requuements (no fire
protectIOn for west s ide of proposed hotel or the detached bUlldmgs at the northwest corner of the
site)
17) A 4-mch domestic water meter 1S proposed to be Installed wlthlll the travel way of Ambler
Street The proposed meter shall be lllstalled outSide of any Improved surface
18) General Note Need to show a 2-fool honzontal clearance from any vertical ObstructIOn for all
pubhc sidewalks, eXlslmg or proposed
19) On Sheet 12 of 15, need 10 remove western dnve apron from San Marco Street and restore
nghl-of-way
20) Need 10 show the stnpp1l1g for all streel park1l1g spaces on San Marco and Baymont Streets
21) Need 10 accurately deplcl the relocaled water mam near the easl property Illle of the
Mandalay Beach Club
22) On Sheet 10 of 15, need to expand note on dllve apron removal along Mandalc Avenue 10
lllclude coordmatlOn of the removal and curb replacemenl with the mstallatlOn ofpark111g meters
for public parkmg
23) Need to show the Ilght-of-way of Baymonl Street as 65~feet no!40-feet
24) The City must be compensated for the approxunately ten metered parkmg spaces that will be
lost ($4550 per space)
25) Need to show and 111dlcate what IS plarmed for the eXlstmg gas mam wlthm the nght-of-way
of the proposed vacated Gulf view Blvd
26) Demonstrale access to the proposed storage mt on the west Side of the proposed
condommmms Also show doors, stoops, etc
27) Water mam along San Marco Street needs to be looped
28) The proposed shower allhe wesl end of the Baymont cul-de-sac may nol be a safe 10catlOn
Need to show pad, dramage and seatmg facllltles How will thiS water be metered
29) Where do vISitors park? (Guests, service and dehvery vehicles, etc )
30) Include with the sHe plan sheets a drawmg mdlcatmg where additIOnal parkmg spaces can be
gamed dunng peak penods when mcreased valet parkmg IS utlhzed
31) AdditIOnal comments ma y result from reVISIOns subrru tted addressmg these comments
32) Page 4/15 mdlcales an outdoor lerrace at the southwest comer of Ihe mlersectlOn of Mandalay
A vcnuc and Ambler S trect Shect 11/15 111dlcates a backflow preventor and meter al the same
10catlOn, which appears to be under the outdoor terrace Resolve confhct (Comment added by
W Wells per diSCUSSIon With S Rice)
33) All of the above to be addressed pnor to COB
Landscape Archlteclure Conmlents
Development ReView Agenda - Fnday, November 12, 2004 - Page 39
I Roundabout for ~an Marco Street not shown
2 Sidewalks on San Marco Street should remam as construcled by the City
3 Landscape and CIvil plans conflict as the Landscape plans show plantmgs at the proposed
dnveway off San Marco Streel
4 Planlmgs mstalled by City along San Marco Street should remam
5 Sidewalk along Mandalay Avenue should be 8-feet wide, mllllmum
7 Landscape plan along Mandalay Avenue shows Washmgtolllan Palms, while the City template
for Mandalay Avenue utilized Cabbage Palms need to be conSlstenl wllh adjacent, eXlstmg
landscapmg
8 Accura tel y locate Progress Energy transformer along Mandala y A venue and provide for access
and mamtenance reqUirements
9 Show proposed 10caliOns of eXlstmg and proposed lightmg and sidewalk fumlture along
Mandalay A venue
10 Show (.Qntmuous Sidewalk alng sou th s Ide of Baymont S !reet (p lantmgs proposed at entrance
to condonunmm dnveway)
I 1 Show dnveway and parkmg for property on the southwest corner of Mandala y Avenue and
Baymont Street
12 Landscapmg and streetscapmg for Baymont SUeet should be conSlsltent with the City
template for San Marco Street to provide conslsltency and mamtam appearance ofpubhc access
Pnor to bUlldmg pefillt, provide detailed constructlOn drawIng of the proposed stoml waler Ime
extensiOns
En vlronmen tal
1 CautiOn - Sea oats on the water Slde of the Coastal ConstrucliOn Lme may not be disturbed
2 Pnor to bUildIng permIt, provide sea turtle fnendly lightIng (Ord No 6928-02) Development
code, SectiOn 3-1302 subsectiOn 0
Fire:
Provide a plan showll1g the proposed method of Fire Emergency vehicle turn-alOund on bolh
Baymont Slreet and San Marco Street If the turn-around Il1volves Ihe vehicles havll1g to dnve
on any ramped area over a vOided or vaulted area, the ramps musl be bUilt to a HS-20 deSign
Should Ihe turn-around area necessltale the vehicles to pass under any part of the bUlldmg, Ihe
height from the road surface to the underside of the butldmg must be at least thirteen feet SIX
mches (13' 6")
2 Hlgh-nse structures reqUire full fire protection syslems mcludmg, but not hnuted to, a fire pump
and a generator If fire pump IS electnc, and be deSigned to meet the minImum reqUirements for
fire alarm equipped wllh vOice evacuation & fire fighler two-way commUlllcatiOn, Central
Control StatiOn, pressunzed stairwells, stairwell markmg as per Ihe Flonda Fire PrevenliOn
Code-2001 Edman and NFPA 101 Life Safety Code 2000 Edition Stairway Identlficatlon shall
be deSignated by Ihe Side of the structure Ihe stairway IS located on by the words "ALPHA" for
the address Side of the structure The other Sides Identified clockWise as "BRAVO", "DELTA"
and "CHARLIE" If located m the comer of a structure the stairway shall be Identified by the
two Sides that mtersect I e "ALPHA / BRA VO"
3 ThiS ORC ReView by Fife IS not an approval or review of any constructiOn plans or documenls
other than slle work
4 A Card Reader IS shown III Ihe nuddle of the agreed upon Fire Department turn-around on Ihe
South SIde ofBaymont Street Please adVise how thiS Will work
Harbor Masler:
I No Issues I am workmg With legal on a dock agreement for a non-adJommg site which mayor
may not be separate to thiS document Bill Morns
LcgJI'
I No Issues
Land Resources.
ReVise "Tree Removal Schedule", accenl Irees should be limited to Llgrustrum, Holly, Bottle
Brush and Mimosa only Evergreens and Pllles should be hmJted 10 Pmes, and Evergreens
only ReVise pnor to butldmg pernut
Lalldscapmg,
1 no Issues
Parks and RecreatlOll
Development ReView Agenda - Fnday, November 12,2004 - Page 40
Open Space and KecreatlOn Impact fees are due pnor to bmldlOg permIt Issuance of final plat (If
apphcable) whlchever occurs first These fees could be substantial and It IS recommended thai
you contact Deb Rlchter at 727-562-4817 to calculate the assessment
Stormwater:
1 Extend survey to north along Mandalay to pomt approxlll1ately 50 feet beyond proposed
storm CroSSlOg
2 Add note on plans "All stoml pipe 10 be constructIOn to CIty of Clearwater Standards" Text
regardmg Ihe wrapped Jomts may be removed as thlS IS mcluded m the Standards
3 All curb mJels 10 be FDOT Inlets, detail 210 wllh back constructed out of bnck per Ophon
4 Include curb flow lme and throat elevatIOns for all proposed mlets
4 Provide proposed elevations along all proposed curb
5 At seawall outfall, atlas shows a JunctIOn connectIOn with a stub out and grate mlel 10 the
north Ihat IS not shown on plans Venfy by survey Replace grate mlet WIth curb mlet
6 Ambler & Mandalay, locate and venfy mlets located 10 Ihe NW and SW of Manhole D
Redesign grate mlets for curb IOlets
7 Ambler & Mandalay, eXlstmg stonn CroSSlllg to be removed, not grout filled
8 Specify and slate size of pipe between struclures D and F to be remO\.ed
9 Inverts for mlel F contains typographical error
10 Baymont Street, proposed structures 5 and 7 shall not be located wllhm curb return or
radius
II Baymont Sheet south dnveway, what IS the surface type on the eastern portIOn of the
dnvewayJ
12 Baymont Street dnveways, specify curb up to the ROW hnes
13 Ba)ffilont Street dnveways, construct valley gutter curb across dnveways
14 EXlstmg Beach Street contains a force mam outfall from the pump statIOn Idenl1fyon
survey and specify to be removed
IS Stonnwater Pump StatIOn, spenfy eXlstmg pipes to be removed Do not grout fiB plpes and
abandon
16 San Marco Street, new mverts are reqUired on all structures on tins storm Ime EXlstmg
flow IS E-W, must reverse 10 W-E
17 San Marco Street, eXlstlllg grate llllel shall be removed replaced With manhole
I 8 San Marco Street, add a CUI b llllet al Ihe east end of on-street parkmg to mtercept flows
pnor to Mandalay
19 San Marco & Malldalay, venfy that the size of eXlstmg manhole:. and JunctIOn boxes are
adequate for new pipe
20 Label filter area on each vault detail (plan view)
21 Filter dram detail, why IS the separation wall between the filter and storage area about 3"-6"
below the DHW? It would seem the excess flow over the lOp would cause unnecessary
turbulence and disturb the filter media
22 F II ter dram deta II, dela 11 pemlanenl COlmectlon of 30 rrullmer to fil rer fabnc to create
plevent water from bypassmg the filter
Pnor to BUlldmg Penmt
I DelaJ! each utility crossmg for possible conflict or profile proposed pipe wllhm ROW
2 Filter dram delaJ!, wrap 6" Perforated PVC m filter fabnc or sock to prevent the discharge of
fme sediment
3 Filter dram detail, speCify the #57 Slone 10 be washed pnor to mstaBatlOn
4 FJ!ter dram det31l, the 6" between mvert of6" PVC and struclure bottom w1l1 proVide a
constant wet condll1on and Will not contribute to filter functIOn Is there a reason for thiS'} If
not, please revise bottom of structure
5 Dramage CalculatIOns, Area of Filter should be calculaled by the distance that IS
perpendlcular to the flow through the sand multlPl1ed by Ihe length oflhe filter Please venfy
calculatlOns
Sohd Waste:
I
All Sohd Wasle stagmg aleas need to be clearly marked
where Will recychng b1l1s be placed for condo umts
Please work With the Solid Waste Department for placement of compactor
Traffic Engineering.
Development ReView Agenda - Fnday, Novembel 12,2004 - Page 41
, '
Planmng.
I Parkmg garage must have a vertical clearance of 8'2" per ChapIerll Flonda Bmldmg
Accesslblhly Code, SectIOn 11-465
2 Stacked parkmg spaces under hotel (Valet parkmg spaces) must not be mcluded m the
City'S reqUired parkmg calculatIOns because they do not compLy with the City'S Commumty
Development Code (Sechon 3-1402) 1111104 - PER PLANNING - STACKED SPACES MAY
BE COUNTED IN VALET PARKING AREAS
3 General Note Garage supports such as walls and columns must not mtrude wlthm parkmg
:,tall dimensIOns (Commuruty Development Code Section 3-1402)
4 General Note Garage supporls such as walls must not Impede dnver's sight vlSlblhty when
backmg out ofparkmg space (Commulllty Developmcnl Code SectIon 3-1402)
5 Geneldl Nole Columns must not mtrude m 5'x19' disabled parkmg access aisle Chapler
II FlOrida BUlldmg Accesslbl 11 I Y Code, SectIOn 11-4 6 3
6 Doors must not swmg mto any acceS:,lble pathways
7 Demonstrale that colunm locatIOns prOVide adequate turnmg radIUS to accommodate all
vehicular moblhty \VIthout encroachmg mto other traffic
8 Objects wlthm the Sight distance triangles must not exceed 30" m height from the
pavement Remove objects that are inSide the Sight dlslance tnangle that do not meet thiS
reqUirement or provide other measures to provide for safe egress ThiS IS of particular concern
for Ihe south dnveway from the condominIUms and Ihe north hotel dnveways
9 Mrrrors 10 aid motomts m spottmg pedestnans must not be mstalled In the nllddle of a
dnveway
10 Provide a separate eastbound nght turn lane for Baymont Streel or a study of the turlllng
movements of thiS mtersectlon (thai accOW1ts for pedestrian traffic) that demonstrates a Level of
Service D or better
II Will there be any Improvemellls to the Signalized mtersectlOn ofBaymont Street and
Mandalay Avenue')
12 The western dn veway to the proposed hole 1 conflicts wllh the City's CommuJUty
Development Code m three cases a) SectIOn 3-1402 B prohlblls more than one entrance/exit
per property unless necessary to alleViate congestlOn and Improve traffic flow, b) SectIOn
3-102 D 1 requIres a rmrumum connectlon spacmg of I 25-feet (the proposed driveway IS
approx 40-feet from Mandalay and wlthm approx 60-feet of the dnveway to the hotel galage)
and c) SectIOn 3 -102 0 3 prohibits new connectIOns wlthm the functIOnal area of an
mlersectlOll unless no olher reasonable access IS available and a study prepared by a registered
engmeer demonstrates Ihal the connectlOn does nol create safety or operalional problems
13 Circular dnvewa y must be able to accommodate a lour bus Show tummg radiUS on the Sl Ie
plan for such a vehicle
14 Show lImo us me, laxI, bus, andlor shuttle van stagmg at the traffic c\fele
15 Show on the site plan stagmg area for va let parkmg at the traffic Circle
16 Demonstrate the accessible paths from the pubhc Sidewalk along Mandalay A venue mto the
hotel and condormmums
17 All of the above to be addressed pnor to CDB
Traffic lmpacl Fee to be determined and paid pnor to C 0 (Pmellas County Ordinance)
Development ReView Agenda - Fnday, November 12.2004 - Page 42
ProvIde one, unbound copy of the reduced color bUlldmg elevatIOns tMadalay Avenue and beach
sides - 8 5"xl1 ") for CDB presentatlon purposes
2 ProvIde as part of architectural plans a roof plan for hate I phase, sllllllar to that provided for
residential/retail phase
3 ProvIde the matenal and color for all extenor bUlldmg fimshes on the bUlldmg elevatIOns (wall,
railing, faCia, columns, balusters, wmdow moldings, archltecrural embelhshments, etc )
4 Unclear as to roof structures for entIre project, whether the roofs are flat roofs or pitched roofs
Ensure all plans are coordinated and conslslent (flat wllh parapets or pltt-hed roofs) Code
provIsIOns for "bUlldmg height" state that for a pItched roof the bUIlding height IS measured to the
rrud-polnt of the pllched roof Code provlSlons for "bUlldmg height" state, however, for a flat
roof the bUlldmg height IS measured to the highest fimshed roof surface Architectural plans
mdlcate a "decorative mansard roof' for Ihe hotel, reSidential tower and Ihe rruxed use smaller
slruclure (unclear for Ihe ballroom portIOn of the hOle!) Such mansard IS not a Pllched roof nor a
parapet, espeCially at a height of 33 feet from the roof deck for the hotel HeIght Will be
measured to the hIghest pomt of the rooffO! the decoratIve mansard roof Important to
differentiate due to height restnctlOns under the Tounst Dlstnct and Beach by DeSign Ensure
plans are clear as to roof structure and proposed height IS dimensIOned properly III relation to
roof structure Addltlonally, parapets by Code cannot exceed 30 mches above the roof deck
Any proposed parapets exceeding 30 lllches must be mcluded III the requesl, with full
JustificatIOn for alllllcreases May nced to rede~lgn roof structures to meet Code and/or Beach by
DeSign prOVISIOns
5 Need to show on Sheel 41 IS the vIsibility tnangle at Ihe mtersectlOn of Mandalay A venue and
Baymonl Streel
6 Dumpster stagmg area must be on-site and not wlthm the nght-of-way of San Marco Street where
II deletes on-streel parkmg
7 Sheet 9/15 - Remove sign and note from southeast corner of property that "Exlstmg Sign to
remam Wllh new project name "
8 On Ihe resldentml/relall phase for both architectural and clVll plans, handicap parklllg and lobby
do not match up for both Levels 1 & 2 (Sheets 5/15 and 6/15)
9 There IS vehicular use area not wlthm the parkmg garage, at least on the north parcel thai IS Ihe
drop-offlplck-up area accessed on of Baymont Street close to Mandalay Avenue Need to show
by shading or cross-hatching the Intenor landscape areas prOVided Need to calculate Ihe
vehIcular use area and mtenor landscape area and Ihcn mclude m Ihe Land Use Data table on
Sheet 1115
10 Provide the square footage ofexlstmg nonreSidential floor area, the number ofexlstmg dwelling
um ts ( If any) and Ihe number of eXisting overmght accommoda tlOn umts m Ihc Land Use table
II Need to coordmale Ihe Development Agreement, which proVides for 57 boal "hps (Exhibit N),
with the Parking Demand Study, which provlde~ for 55 boal slips Must subrrut at a future date
for FleXible Developmenl approval for the development of the 57 boat slips on the CIty property,
1I1cludmg all Code submittal reqUlremenls
12 ProVide the requued number of parklllg spaces (total and number per use) and the baSIS for the
parklllg calculatIOns (Ie 1 5 spaces per dwell111g umt, onc space per hole! umt, five spaces per
1000 sffor relall and Ihe Beach Club) In the Land Use Data table Parkmg Dcmand Study
plOvldes the juslificat!On for the proVIded number of spaces (numbers and I atlas)
13 Number the sheets m the architectural package
14 ProVide bUilding heIghts to vanous levels/bUlldmgs on all elevations to assist III understandmg
portIOns of the proposed Slle
15 Freestanding slgnage m front of Ihe porte cochere for Ihe hotel and at the intersectIOn of
Mandalay Avenue and Baymont Street must be revised 10 meel the reqUired five-foot setback
16 ProVide the number of on-street parkmg spaces proposed 10 be losl along Baymont Street, San
Marco Street and North Gulf view Boulevard due to thiS development (that have been used m
pnor Parkmg Demand Studies to show adequate parking IS proVided for the eXlstmg hotel as weU
as other busmesses), as well as Ihe number of on-street spaces to be gamed on Mandalay Avcnue
due to closure ofa dnveway norlh of San Marco Street
17 Show the Sidewalk along the north side of San Marco Street on Sheet 51 15 (much like that shown
on SheetI0!15)
18 Remove the walls and waterfall from the City nght-of-way of Mandalay Avenue
Development ReView Agenda - Fnday, November 12, 2004 - Page 43
19 I t appears there IS a raised loadmg dock be 109 provided along the nonh property Ime of the hotel
parcel, with some type ofbUlldmg 01 ramp exlcnslOn along Ihe easl property Ime m thiS 10adlOg
area Label such uses/structures Provide greater delml as to thiS area and the relatIOnship of the
rmsed loadmg dock and ramp to the property lme (walls to screen the loadmg area from adjacent
properties?) Include the plOposed selback (to bUlldmg, pavement or whatever)
20 It appears there are some enaoachmg structures onto the hotel parcel along Ihe north property
Ime (one-story wood structure at least) What IS bemg proposed to deal with this/these
encroachmenl(s)'l Will there be any effect of the BUl1dmg!Fire Codes on the proposed structure
or the eXlstmg, off-site structule?
21 ProVide the land ared (square footage and aCI eage), densIty ca Icula tlOn and ISR (mc ludmg Ihc
square footage) for Ihc hotel parcel east of the vacated west nght-of-way Ime of Gulf view Blvd
and the land area (~quare footage and acreage), den~lty calculatIOn, ISR (mcludmg Ihe square
footage) and FAR (for retail square footage) for the resldenttal parcel east of the west Ime of the
platted lot lines for Lois 1-13 oflhe Clearwater Beach Park SubdiVISion PrOVide m the Land Use
table on Sheel 1/15 Land areas should malch the acreage amounts listed m the bound booklet
under Redevelopment Parcels
22 A complete vacatlOn request for N Gulf view Blvd, with no objection letters from all affected
utlhty prOViders, must be subrrutted to Engmeenng by the Developmenl ReView COffiffi1ttee
(DRC) meetmg
23 ProVide the proposed setback from all property hnes to all pomts of all structures (pavement,
bUlld1l1g, pool decks, etc ) for both the hotel parcel and the reSidential parcel
24 Sheet 4/15 - Sidewalks north orlhe pool area and west orthe hotel bUlldlllg seem 10 fade to
nOlhmg/go nowhere Connect these SIdewalks up With someth1l1g or show where they end
25 Identify on the sile plan (Sheet 4/15) the mtended purpose of the portlOns ofbUlldlllgs to rema1l1
m the northwest and southwesl comers of the hotel parcel
26 Sheet 5/15 - Show on the site plan any proposed Sidewalk access to the storage umts on the wesl
Side of the parkmg garage
27 Landscape plan for the condommlUm parcel (Sheets LA-02 & LA-06) needs to be separated out
mtD a landscape plan for Ihe (I) ground level and (2) level 3 (above the two levels ofpark1l1g &
rclml)
28 PlOvlde all detmls of how the landscap1l1g, espeCially trees, will work on lOp of the parklllg
garage for the re~ldentlaJJcondon1l11lum parcel Include cross-seCllons to mdlcale how thiS all
works
29 Under the Land Use Data table, proVide Ihe land area of the upland, as well as Ihe beach area, for
both the hotel parcel and the residenhal parcel
30 ProVide responses 10 all ComprehenslVe Infill Redevelopment Project and General Applicablhty
cntena for all requested reductIOns, mcreases or deViatIons set out by staff m the request
31 Unclear why the bunldmg could not be deSigned Wlth open gratmg or wrought Iron bar~ III the
walls adJ3cent to the dnveways on Ambler Slreel and San Marco Streel and at the intersectIon of
Mandalay Avenue and Ambler Street to proVIde VISibility to the motonsts to aid m vlewmg
pedestrians (Ie VISI blh ty tr13ngles)
32 ProVIde additIOnal studies of comparalIve beach clubs pnor 10 DRC review
33 "OutsIde memberships" m the beach club needs to be defined III the defillltlOn sectIon of
Development Agreement by a speCific geographIc area m close proxllluty to sIte
34 Landscapmg on Mandalay and Baymont - JMC to prOVIde cost estimate of landscapmg at DRC
meetmg Thls mformatlOn 10 be checked by Pubhc Works and lotal cosls to be mc\uded In staff
report, quanlIfymg the developer's obhgalIon m exchange for denSity pool consideratIOn
35 Developmenl Rights - JMC to prepare table more fully documentmg the eXlstmg ulllls, Gray
settlement Ulllts, denSIty pool nlllts, JMC's hotel ullll~ used to convert 10 commel c131 FAR, etc
ThiS lable will be mserted mto the ploject book under the Rcdevelopment Parcels tab AND on
the sIte plan Can be part of DRC resubnuttal - but would prefer to rev!Cw pnor to that 10 make
sure It IS clear and City IS m agreemenl
36 JMC to revIse Exhlblt D of Development Agreemenl, Schedule to slale that projecl schedule IS
subject to speCific schedule delmls m appropnale DA sectIOn, and that those oulslde dates are the
datcs that Ihe Development Order WIll use Can be part ofDRC resubnuttal
37 jMC to show the reqUired parkmg for each use m the project-thIS mformatlon to be proVided 1Il
Trafflc Study m the project book AND on the site plan To be done by DRC meetmg
38 ComprehenSive SIgn Program - proVIde dlmenslOllS for all proposed Slgnage, as well as
square- footage ProVIde Slgnage and detalls for retail bnsmesses as pmi of package ProVide
wlors of all proposed slgnage
39 ProVIde the ~quare footage for hOlel rooms
Development ReView Agenda - Fnday, November 12, 2004 - Page 44
40 Site plan sheet 4/1) indIcates a terrace east of the hotel ballroom viner sheets In the cIvIl sIte
plan sel, Ihe landscape plan set and the archItectural plan set are not coordinated showing thIs
lerrace RevIse all appropriate sheels to either provide for the terrace or to remove Ihe lerrace
41 SInce stacked parkmg (not Ihe additIOnal valet stacked parkmg Indicated m Ihe ParkIng Demand
Study) 1S nol allowed by Code Request must mclude this as part of the proposal, with full
Justlfica tIon
42 Ensure that all floor area below BFE (due to FFMA VE zone) Will be pemuttable May need 10
check wllh BUlldmg Department and, as necessary, revise plans pnor to resubnuSSlOn of plans to
PlannIng
43 ProvIde full JustIficallOn (narrative, drawlllgs, etc ) of complIance with Beach by Design,
especially IncludIng (,omphance with the DesIgn GUldehnes For the residential tower Ihal
exceeds 100 feet m height, JustificatIon must address Ihe proVIS lOns for" B Height" on Pages
57-59 (Items 1, 2b and 3), "C Design, S(,ale and Mass of BUlldmgs" and "D Setbacks" ProvIde
any cross sectIOns or dlmenSlOns on elevations to show eomphance and all floor plale
calculatIOns, bUlldmg envelope and percentages
Olher
No Comments
Notes,
Development Review Agenda - Friday, November 12, 2004 - Page 45
. ~.
Wells, Wayne
From
Sent
To
Cc
Subject
Tarapanl, Cyndl
Monday, November 08,2004 11 03 AM
'John Hobach'
Wells, Wayne, Gerlock, Chip, Akin, Pam
RE JMC Hotel
thanks for the feedback
I w~ll delete #5 from our l~st
-----Or~g~nal Message-----
From John Hobach [ma~lto Johnh@Jmcdev com]
Sent Monday, November 08, 2004 9 13 AM
To Tarapan~, cynd~
SubJect RE JMC Hotel
Thank you Cynd~ Your l~st looks very accurate and very clear I am go~ng to forward ~t to
our team One note regard~ng #5 below we dec~ded not to add any language about
"add~t~onal land" We understand that we w~ll have to go back through the process ~f we do
add land, but that currently ~s not l~kely
-----Or~g~nal Message-----
From Cynd~ Tarapan~@myClearwater com
[ma~lto Cynd~ Tarapan~@myClearwater com]
Sent Fr~day, November 05, 2004 4 26 PM
To Wayne wells@myClearwater com, Ch~p Gerlock@myClearwater com
Cc Scott R~ce@myClearwater com, Pam Ak~n@myClearwater com, John Hobach
SubJect JMC Hotel
I am wr~t~ng to conf~rm several ~tems that were d~scussed at our meet~ng th~s morn~ng w~th
JMC and the~r representat~ves Please ~nclude these ~n the staff comments from Plann~ng as
appropr~ate and be aware of them ~n general, tak~ng any act~ons needed to effect these I
am not ~nclud~ng ~n th~s l~st the ~tems that Eng~neer~ng des~res the developer to address
but there may be some overlap on th~s l~st of ~ssues of lnterest to both departments
1 Park~ng study-JMC wlll prov~de addltlonal studles of comparatlve beach clubs-to be
provlded prlor to DRC meetlng
"Outslde membersh~ps" In the beach club to be def~ned In defln~t~on sect10n of DA by
a speclf~c geograph1c area ~n close prox1mlty to slte
2 slgnS-JMC agrees that all Slgns w1II be out of r1ght-of-way and meet1ng 5' setback
To be part of DRC resubm1ttal
3 Landscap1ng on Mandalay and Baymont-JMC to prov1de cost est1mate of landscap1ng at
ORC meet1ng Th1S ~nformat1on to be checked by Publ~c Works and total costs to be
locluded 1n staff report, quant1fY1ng the developer's obl1gat1on 10 exchange for dens1ty
pool conS1derat1on
4 R1ght-of-way vacat~on-I prev10usly extended the deadl1ne for recelpt of letters of
no Ob]ect1on for the vacat10n appllcatlon to the ORC meet1ng or before Th1S rema1ns In
effect and 1f not met by the developer wlll be a suff1clency lssue-th1s has been told to
developer for qU1te some t1me and 1S not new ~nformat1on
5 New Slte plan cond1t1on and development agreement statement-JMC to wr1te language
for C~ty to reV1ew re the1r abll1ty to add land to the slte WITHOUT gOlng back to COB
The language must state that the add1t1onal land does not 1ncrease dens1ty or 1ntens1ty
and shall only be used for park1ng Can be part of DRC resubm1ttal
6 Development R1ghts-JMC to prepare table more fully document1ng the eX1st1ng unlts,
Gray settlement unlts, denslty pool unlts, JMC's hotel un1ts used to convert to commerc1al
1
FAR, etc Th1s table w111 b~ 1llserted 1nto the proJect book under the Redevelopment
Parcels tab AND on the s1te plan Can be part of DRC resubm1ttal-but would prefer to
reV1ew pr10r to that to make sure 1t 1S clear and C1ty 1S 1n agreement
7 JMC to reV1se Exh1b1t D of Development Agreement, Schedule to state that proJect
schedule 1S subJect to speclflc schedule detalls In approprlate DA sectlon, and that those
outslde dates are the dates that the Development order wlll use Can be part of DRe
resubmlttal
8 JMC to show the requlred parklng for each use 1n the pro]ect-th1s 1nformatlon to be
provlded In Trafflc Study In the proJect book AND on the s1te plan To be done by DRC
meet1ng
John-I th1nk th1S captures the lssues that Plannlng needs addressed from today's
Our full DRC comments on the slte plan wlII go out to you on Monday, November 8
cop1ed you for your 1nformatlon and If I have mlsstated anyth1ng, please call me
resolve Thanks so much for your t1me
meetlng
I have
so we can
Cyndl Tarapanl
Planlllllg D1rector
(727)562-4547
cyndl tarapanl@MyClearwater com
2
. ~,
"
.:l ~ '\lIs, Wayne
-'
From
Sent
To
Cc
Subject
Tarapanl, Cyndr
Fnday, November 05,2004426 PM
Wells, Wayne, Gerlock, Chip
Rice, Scott, Akin, Pam, 'Jhobach@Jmcdev com'
JMC Hotel
I am wnting to confum ~everal1tem~ that were dlscusscd at Out meet111g thl,) maUling with JMC and thur
lepre')cnratIve~ Plea~e 111c1ude the')e 111 the staff comment~ from Planrung as appLOpnate and be aware of them III
gcnelal, rakmg any actlom necdcd to effect these I am not ll1c1ud.1l1g III this l1~t the ltem~ that Engmeermg desIres
d1e de vdopel to addless but thele may be ~ome u':u lap on this list of I<;sues of ll1terest to both departmcnts
PUlkmg srudy-JMC w111 pLOv1de addJtJ.onal studIes of comparative beach clubs-to be provided pIlor to DRC
mcer.1l1g
"Out~lde memberships" 10 the beach club to be defined III defirutlon ~ectJ.on of DA by a specIfic geograpruc
alea In closc ptO,-lnuty to sHe
2 S1gm-JMC aglee~ that all ~lgm \Vlll bc out of nght-of-\vay and meeting 5' setback To be part of DRC
Le;,ubmlttal
3 ] ,\l1d"capmg on Ivlandalay and Baymont~JMC to provIde cost esnmare of landscap111g at DRC meeting
Tim mformatlon to be checked by Pubhc Works and total costs to be mcluded 10 :,taff repolt, quantlfymg the
developel'~ oblIgation 10 exchange fOl density pool consIderation
4 lught-of-\vay vacatlon-l prevIously extended the dead110c for receIpt ofletter~ of no objection for the
vacatJ.on applicatIon to the DRC meeting or before Thl~ lemalllS ill effect and If not met by the developer will be a
suffiCiency Is,>ue-tlu~ ha:, been told to developer for qUIre :,ome time and IS not new 1OformatJ.on
5 New :)ne plan condmon and deyelopment agreuTlent statement-JMC to wIlte language for Cn)' to review re
rhclt '1bmty to add land to the :'Irc WITHOUT g0ll1g back to COB The language must :,tate that the addltlonal
land Joc~ not 111C1ease denSity or 1l1tcmlly and shall only be used for parkmg Can be part of DRC resubnuttal
6 Development R1ghts-JMC to prepare table more fully documenting the CXIStlng uruts, Gray :,ettlement uruts,
dcn,)lty pool ul11tt.,JMC'" hotel umts u<;ed to convert to commcrClal FAR, etc Tlu:, table. will be Inserted Into the
pLoJect book undeL the Redevelopment Parcels tab AND on the site plan Can be part of DRC resubmtttal-but
would pLefeL to reVle,\v pUOt to that to make sure It I~ clcal and City IS U1 agleement
7 pvrc to revlt.c E xh1blt D of Development r\glC(.lTlU1t, Schedule to t.tate that project schedule IS subJect to
speClfie :,c.hc.uulc dc.raus U1 appropuate DA t.ectlon, and that thme outslde date<; are the datc:. that the Development
Ordcl will use Can be part of DRC resubmtttal
8 J MC to show the reqUIred parkmg for each use U1 the proJect-tlus IOfotmatJ.on to be proVIded 111 Traffic
Study In the project book AND on the slte plan To be done by DRC meeting
Johl1-1 th1l1k th1S captUles the I')sues that Planmng needs addres:,ed from taday's meeting Our full DRC comments
on the ~Ite plan will go out to vou on Monday, November 8 I have coped you for your mforrnatlon and If I have
misstated anythmg, plu;,e call me so we can le~olve Thank') so much for your tllne
CyodI TarapaOl
Plann111g Duector
(727)562-4547
1
)Is: Wayne
)
m
\
t
----""'_=_ L
To
Subject
Rice, Scott
Friday, October 29, 2004 4 08 PM
Wells, Wayne
FW Clearwater Beach Resort
FYI
D. Scott Rice
Land Devel. Engr. Manager
727-562-4781
scott.rice@MyC/earwater.com
---..Onglnal Message-----
From Bertels, Paul
Sent: Friday, October 29, 2004 10 02 AM
To, Rice, Scott
Cc Arasteh, Mahshld
SubJect, RE Clearwater Beach Resort
The Issue at Baymont and Mandalay IS that If there IS a heavy pedestnan crossing of Mandalay
avenue It could Increase the delay for the side street traffiC leaving the hotel and condos It will
pnmanly be their guests and reSidents inconvenIenced I would encourage the developer to make
some type of provIsions for the Waterside Cafe entrance so that the delay can be minimIzed
With regards to the reduction In parking for the Hotel It IS Important to understand that their traffIC
Impact analYSIS was presented to traffiC operations staff for revIew relating to the operation of the
sIte We do not look at the number of spaces required by code but at the number of spaces needed
to get the Job done In a real world environment Most of the retaIl customers will be neighborhood
pedestrians staYing at the vanous hotels and motels in the area With the emphaSIS on valet parking
they can Increase the effiCiency of the parking they do have Please adVIse If any more mformatlon IS
needed
Paul Bertels
Manager
Traffic OperatIons DIvision
727-562-4794
Paul.Bertels@MyClearwater.com
-----Onglnal Message-----
From Rice, Scott
Sent Tuesday, October 26, 2004 11 09 AM
To Bertels, Paul
Cc Arasteh, Mahshld
Subject Clearwater Beach Resort
Paul,
At a meeting With the developer last Friday, two traffiC Issues were discussed
Right Turn Lane for Baymont
The developer indicated that thiS could be a problem I spoke With Ben thiS morning and he IndICated that a study of
1
~..t
l the Intersection would be reqUired lO address this requlrement.and that the study must account for pedestrian traffic
I Ben stated that If the study showed a Level of Service F for the movements from Baymont, a turn lane would be
j necessary I also spoke with Ed Mazur He Indicated that "someone" from the City had told him to minimiZe Impact to
the entrance to the WaterSide Cafe at this Intersection He said he would have Paul Chapman call you to discuss this
Issue
Parking
At the COB meeting last week a 35 parking space reduction by the Hilton was denied This denial was partially based
upon the discrepancy betwee n req u Ired an d sup piled pa rklng (121 space difference) I n the case of th e Clea rwater
Beach Resort, their parking study IS based upon minimums for some categones - retail, beach club, hotel When the
staff report IS prepared for COB, It will Include the maximum reqUired parkmg per code and what IS being supplied
This could result In a parking reduction request of more than 100 spaces Wayne Wells Will need Justification for the
parking reduction for his report Mahshld asked me to alert you regarding the need to prOVide Wayne assistance on
this
Let me know If you have any questions
Thanks,
D. Scott Rice
Land Devel. Engr. Manager
727-562-4781
scott.rice@MyClearwater.com
2
Wells, Wayne
From
Sent
To
Subject
Wells, Wayne
Friday, October 15, 2004 7 49 AM
Yellin, Catherine
RE FLD2004-9068 Clearwater Beach ResorUHunter Hotel Company
Catherlne -
There are no drawlngs per se In the package regard1ng the docks at the Beach Recreatlon
Center However, the docks are dlscussed ln a sectlon of the Development Agreement (In
the bound book) and there lS a mentlon In the Parklng Demand Study also (number of SllpS
dlffer) Cyndl Tarapanl has told me they know they have to come back later for the docks
through the COB, but my cursory readlng of the Development Agreement language 1nd1cates lt
lS a done deal wlth the approval of the Development Agreement wlth no addltlonal
procedures to follow
Wayne
-----Orlglnal Message-----
From Yellln, Catherlne
Sent Thursday, October 14, 2004 3 24 PM
To Wells, Wayne
SubJect FLD2004-9068 Clearwater Beach Resort/Hunter Hotel Company
Am I correct 10 saY1ng th1S HUGH package I rece1ved today for the above referenced proJect
dld not conta1n the docks belng d1scussed at the Beach Recreatlon Center? I Just don't
want to overlook somethlng Mr Morr1S needs to comment on
Catherlne Yellln,
Sr Staff Ass't to
Wllllam Morrls,
Mar1ne & AVlatlon Dlrector
Clty of Clearwater
727 462-6954
1
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;.:...... 1<"'"
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oAr"
>-
>-
o
TO:
Ralph Stone, ASSistant CIty Manager _
"
1'1 ;
Laura Llpowskl, ASSIstant City Attor?ey ~y-:
L./1"
Clearwater Beach Hotel
City Attorney's Office
Memorandum
FROM:
RE:
DATE:
December 19,2003
As you indIcated In your ema,I, Jeff Hunter would like some questions answered
regarding the possIble expansion of the Clearwater Beach Hotel The subject property
Includes a pedestnan easement that hes within what was formerly Ambler Street, which
was vacated In 1965 Specifically, you have posed the following questions regarding the
easement and the potential development of the property
1 Can the easement be vacated for purposes of expanding the hotel?
2 Could a hotel expansion be constructed over the eXistIng easement? If so,
could the easement be climate controlled and have limited hours of access?
3 Could the easement be relocated to the northern edge of the property line so
that the easement would strll provIde access to the beach, but would not go
through or under the hotel?
SUMMARY
1 The easement cannot be vacated for purposes of expanding the hotel The
CIty'S Charter clearly prohIbIts vacatIon for pnvate benefit of any public
easement that proVides water access
\
2 ResolutIon No 65-77, whIch created the subject easement, only allows the
owner to "bndge" saId pedestnan easement As such, any hotel expanSIon
could not be bUilt over the easement (meaning at ground level) and whether
any constructed additIOn would be climate controlled or have lImited hours of
access IS a moot pornt
3 Since the CIty Charter does not allow for a vacation of the eXisting easement,
relocatron of the easement IS also a moot pOint
.'~
/.
, 1
DISCUSSION
Vacation of the easement
1 The City of ClealWater Charter, Article II, Section 2 01 (d)(5)(Vl) provIdes
Article II
LEGISLATIVE POWER
Section 2 01 Commission, composItIon, powers
(d) LImitatIOns The legislative power provided hereIn shall have the following
limitations
(5) Real property
(VI) No rrght-of-way or easement which terminates at, or provides access to,
the water's edge of a body of fresh or salt water may be vacated for pnvate
benefit Nothing contamed In this section shall prevent an easement for utIlity
purposes from being exchanged for a new easement for similar purposes or
from converting a fee mterest for utility purposes mto an easement for such
purposes
The Ambler Street pedestnan walkway provides access to the Gulf of MexIco,
therefore, Article II, Section 2 01 (d)(5)(vl) of the City'S Charter applies In thiS
case and prohIbits vacation of the walkway
Construction "on" the easement
2 The subject pedestrran easement resulted from Resolutron No 65-77 m 1965,
provIding for the vacation of Ambler Street and the express exception of a
pedestrian right-of-way as follows "It IS understood that the remammg 10 foot
portion of Ambler Street IS dedicated as a pedestrian walkway In perpetuity,
however, the saId property owner shall have the right to brrdge the said
pedestrian easement In accordance With plans and speclflcatrons submitted to
and approved by the BUlldmg Inspector of the City of ClealWater, and also the
right to pave saId pedestrian walkway, If deSired" The ResolutIon language
clearly allows for bridging over the easement, not for construction "on" the
easement The construction of an enclosed, climate-controlled structure would
therefore not be permitted, and In any event, a structure With limIted hours of
access would Impede publiC right of entry and be In ViolatIon of the easement
The current "bridge-type" structure IS the type of structure allowed for In the
easement
In addition, FlOrida courts have held In favor of the "dominant" party (the party
haVing the right of use) of an easement, particularly where the language of the
easement IS not ambIguous There are three 5th DCA cases that bear perusal
fI"'" J""'"
In Hoff v Scott, 453 So 2d 224 (Fla 5th DCA 1984), the court found that an
easement of a strrp of land 20 feet wide to be used for the rrght of Ingress and
egress was not ambiguous, and that Appellees had no rrght to place permanent
obstructions In any part of easement area The court found, In pertinent part
"In this case the easement granted was 'over, across, and upon a strrp of land 20
feet Wide such strrp of land to be used In common for the rrght of Ingress and
egress' The language of thiS deed IS not ambiguous, and we are unable to read
It as merely giving a rrght to travel somewhere over the twenty foot area It IS
clear from the wording of the deed that the whole stnp was set aSide for Ingress
and egress"
Similarly, In RIchardson v Jackson, 667 So 2d 928 (Fla 5th DCA 1996), tlie
court found that no Improvements could be made Within the boundarres of a 25
foot easement, even given the fact that only an eight-foot path WithIn the
easement was actually used tor vehicles
In LtmJted Partnershm Sand Lake Shoooes Famtly v Sand Lake Courtyards,
L C, at aI, 816 So 2d 143 (Fla 5th DCA 2002), the court found that the proper
question IS whether or not there has been any Interference of the Appellant's
rrght to free passage over the easement to the degree and amount orrglnally
contemplated by the parties The court found that Appellees' erection of a
billboard over the easement infringed upon the easement The pertment
language In the easement was
" an easement for the purpose of vehicular and pedestrran Ingress and egress
to and from Sand lake Road over, across and upon all of that certaIn parcel of
land"
The language In Resolution No 65-77 IS unambiguous as well, and does not
proVide for uses other than those specIfically, clearly delineated
Relocation of the easement
3 Relocation of the easement would necessitate the vacation of the eXisting
easement, WhiCh, as discussed above, IS prohibited by Article II, Section
2 0 1 (d) (5)( VI) of the City'S Charter Any strategy to relocate the easeme nt wou Id
be moot
cc Pam Akin, CIty Attorney
Page 10[5
Wells, Wayne
From Hames, Angel
Sent Wednesday, October 06,2004202 PM
To Clayton, Gma, Wells, Wayne
Subject FW City Development Agreement
Cyndl and Chip are not available to go to this meeting scheduled on 10/22 Cyndl IS asking
for you both to attend I will put thiS on your calendars It IS stili tentative but you
know how qUickly time goes by Thanks
Angel
-----Onglnal Message-----
From: Tarapanl, Cyndl
Sent: Wednesday, October 06, 2004 1 39 PM
To: Haines, Angel
Subject: RE City Development Agreement
I guct:.::. \Va) Ill.. l1(.uJ.., to bL the ,>ubJect mattel CApen and (~ma go a:;, managemcnt "1 hanks
Cynd! Tarapam
Planllll1g Duccror
(727)562-4547
cynm tara pa111@Ivl yClearwa ter com
-----Onglnal Message-----
From: Haines, Angel
Sent: Wednesday, October 06, 2004 1'19 PM
To: Tarapanl, Cyndl
Subject: RE City Development Agreement
I see that Chip will be on vacation on 10/21 & 22, so he will not be here Do
you want Gina to go Instead)
-----Onglnal Message-----
From: Tarapanl, CyndJ
Sent: Wednesday, October 06,200411'40 AM
To: Haines, Angel
Subject: RE City Development Agreement
plea"e a:;,k Clllp to put them on hI'> calendal and I will updatL hllll pllO! to the fu:;,t
mLctmg rhdnk<>
Cyndl Tarapanl
Plannmg Duector
(727)562-4547
10/6/2004
"
<,
10/6/2004
Page 2 of 5
cyndl tarapam@l\lf) C1earwatel com
-----anginal Message-----
From: Haines, Angel
Sent: Wednesday, October 06,200411 11 AM
To: Tarapanl, Cyndl
Subject: PN. City Development Agreement
HI Cyndl,
you are taking a vacation day on 10/22 and 11/5 you have a legal
semmar Do you want someone else to go m your stead or should I
let Sue know that these dates will not work? Thanks
Angel
-----anginal Message--m
From: Phillips, Sue
Sent: Wednesday, October 06, 2004 10 33 AM
To: Arasteh, Mahshld, Tarapanl, Cyndl, Rice, Scott; QUillen, Michael, Campos,
Geraldme, Dewitt, Gina
Cc: Wilson, Denise, DuPont, Kimberly, Haines, Angel, Manni, Diane,
Katsougrakls, Dlna
Subject: RE, City Development Agreement
I have talked to Cheezem's staff assIstant - there IS no meetmg on
Fuday, October 8th \Yle have tentauvcly scheduled the followmg
Jates all begtnnIng at 8 30 a m In the Imge confelcnce room at CIty
Hall
Fnday, October 22
Fuday, November 5
Fnday, November 19
Fnday, December 3
I WIll let you know as soon as these dare~ are confu111cd by
Cheezcm
-----anginal Message-----
From Arasteh, Mahshld
Scnt Wednesday, October 06,2004 8 18 AM
To PhIllips, Sue, Tarapam, Cyndl, RIce, Scott, QUlllen, Michael
Subject FW City Development Agleemenl
Thanks Cyndl Sue,l will not be here thiS Friday If there IS a meetmg pis let Scott
know
Thanks
~
Page 3 of5
Mahsllld D AI asteh, P E
Public Works Administrator
727 -562-4757
-----Ongmal Message-----
From Tarapam, Cyndl
Sent Tuesday, Oclober 05,20043 32 PM
To Arasleh, Mahshld
Subject RE City Development Agreement
I thlllk that Garry IS supposed to be settlllg up the meetlllg for next week Thanks
Cyndl Tarapam
Planmng Dlreclor
(727)562-4547
cyudl tarapal1l@MyClcarwaler com
-----Ongmal Message-----
From Arasteh, Mahshld
Senl Tuesday, October 05,20042 53 PM
To Rice, Scott, Tarapam, Cyndl
Subjett RE CIty Development Agreement
Thanks Is Ihe meelmg on for this Fnday Cyndl?
Mahshld D Arasteh, P E
Pu bhc Works AdmllllStratOl
727-562-4757
-----Ongma 1 Message-----
From Rice, Scott
Senl Tuesday, October 05, 2004 2 51 PM
To Arasteh, Mahshld
Subject RE City Development Agreement
I have not received the submIttal It has not been deemed complete by Plannmg
D Scott Rice
Land Devel Engr Manager
727-562-4781
scott nce@MyClearwaler com
-----Ongma I Message-----
From AraSleh, Mahshld
Sent Tuesday, October 05,20042 31 PM
To Akm, Pam
Cc Tarapal1l, Cyndl, Rice, Scott
Subject FW City Developmenl Agreement
Thanks Mike Stott, do you have the submntal now and does the submitted package
should have the Exlllblls
10/6/2004
Page 4 of 5
Mahshld 0 Arasteh, P E
Pubhc Warks A dIm mstra tor
727-562-4757
-----Ongmal Message-----
From QUIllen, MIchael
Sent Tuesday, October 05,2004 1045 AM
To Arasteh, Mahshld, Rice, Scott
Subject RE CIty Developmenl Agreement
They have accurately lI1corporated the stormwater responslbI1lt1es mto the agreement
and addressed all other comments but one Page 7, SectIon 3 03 (3) still refers 10 the
"Waler" UlIhtles Department mstead of"Pubhc" UlIhtles Department fhe Exlllblls
were not attached 11m lime, we wIll need to leVlew them when avallable
-----Ongmal Message-----
From Bertels, Paul
Sent Monday, October 04,2004650 PM
To Arasteh, Mahshld, QUillen, Michael, RICC, Scott
Cc Neff, Andrew, Petlle,Todd, Elbo, Bennett
Subject RE CIty Development Agreement
Imparlance HIgh
I have levlewed the agreemenl with regards to the traffic Improvements on all Ihe pubhc
nghts of way ahuttmg the subject property BaSically, the developer IS re~ponslble for
paymg for all those Improvements and I concur wllh Ihat poslllon All of these
Improve men ts are of course contmgent upon review of Ihc SI te plan and the agreement
mils currenl slale does not overnde the plOper review of said site plans
Paul Bellels
Manager
Traffic OperatIOns DIVISIOn
727-562-4794
Paul Berlels@MyClearwaler com
-----Ongmal M essage-----
From Arasteh, Mahshld
Sent Monday, Oclober 04,20044 28 PM
To QUIllen, MIChael, Rice, Scott
Cc Neff, Andrew, Petne,Todd, Bertels, Paul, Elbo, Bennett
Subject FW City Development Agleemcnt
Mikel Scotti Todd! Paul, The next meetlllg for thiS project mIght not be thiS Fnday
Instead, It could be every two weeks from last Fnday In any case, 1 will not be here thiS
Fllday Scott, please revIew "draft 7" of thl~ agreement or the one that IS part of Ihe
formal submIttal All,Please review for all our prevIOus commenls to be mcluded
EspecIally for dralllage Improvements, traffic Improvements and hft stalIon upgrade
Please send your commenls to me by Ihe end of day Wednesday
Thanks
Mahshld D Arasteh, P E
Pubhc Works Adm1I11strator
727-562-4757
-----Onglllal Message-----
10/6/2004
Page 5 of5
From Akm, Pam
Sent Wednesday, September 29, 2004 8 43 AM
To Tarapam, Cyndl, Arasleh, Mahshld
Subject FW Cay Development Agreement
-----Ollgma I M essage-----
From Robert Greene [malllo RGleLnc({/)gd~legalLOmJ
Sent Monday, Seplember 27,20043 36 PM
To Akm, Pam
Subject CIty Developmenl Agteement
Pam, attached IS the revised draft of the Development Agreement with the reVlSlOns
discussed last Fnday r am breakmg the document mto two parts, the agreement and the
exhIbits, and will e-mail separately I will check to see Iflhe documcnls gel IhiOugh 10
you I have sent the revised Agreement to JMC and Ed and w1l11et you know If they
have any comments John Hobach will provide the new Exhibits H-l and 1-1 In the next
day or so
Robert F Greene
Greene & Schermer
1301 Sixth Avenue Wesl, SUlle 400
Bradenton, Flonda 34205
phone (941) 747-3025
fax (941) 747-6937
ematl rgreene@gdslegal com
This message IS Il1tended only for the addressee and may contam mformatlOl1 Ihat ]S
PRIVILEGED and CONFIDENTIAL, and/or may (,Onlam A TIORNEY WORK
PRODUCT If you are 110t the llltended recipIent, you are helehy notified that any
dl ssemma tlOl1 of this commUl11ca tlOn IS s tnct! y prohibited If you have received this
commumcatlon III error, please erase all caples of the message and Its attachments and
notify us IInmedJalely Thank you
<<Cny Development Agt 7-6red wllhout exhlblls doc>>
10/6/2004
jtPVV- .
~
.~
<
~
City Attorney's Office
Memorandum
TO:
Ralph Stone, Assistant City Manager
/.- ~ -..
'\ '
/ II ..-:.---\
Laura Llpowskl, Assistant CIty Attor'1ey ~/ I
L/
ClealWater Beach Hotel
FROM:
RE:
DATE:
December 19, 2003
As you IndIcated In your emall, Jeff Hunter would like some questIons answered
regarding the possIble expansion of the Clearwater Beach Hotel The subject property
Includes a pedestrian easement that lIes wIthin what was formerly Ambler Street, whIch
was vacated In 1965 Specifically, you have posed the follOWIng questIons regardIng the
easement and the potential development of the property
1 Can the easement be vacated for purposes of expanding the hotel?
2 Could a hotel expansIon be constructed over the eXisting easement? If so,
could the easement be chmate controlled and have limited hours of access?
3 Could the easement be relocated to the northern edge of the property hne so
that the easement would stIli proVIde access to the beach, but would not go
through or under the hotel?
SUMMARY
1 The easement cannot be vacated for purposes of expanding the hotel The
City'S Charter clearly prohIbIts vacation for private benefit of any public
easement that proVides water access
2 Resolution No 65-77, which created the subject easement, only allows the
owner to "brrdge" said pedestnan easement. As such, any hotel expansion
could not be bUilt over the easement (meaning at ground level) and whether
any constructed addition would be clrmate controlled or have limIted hours of
access IS a moot pOint
3 Since the CIty Charter does not allow for a vacatIon of the eXisting easement,
relocation of the easement IS also a moot pOint
DISCUSSION
~
VacatIon of the easement
"
1 The CIty of ClealWater Charter, Article I I, Section 2 01 (d)(5)(vl) provides
ArtIcle II
LEGISLATIVE POWER
Sechon 201 CommissIon, composItIon, powers
(d) LimItations The legIslative power provIded herein shall have the followIng
limitations
(5) Real property
,
(VI) No right-of-way or easement whIch termInates at, or provides access to,
the water's edge of a body of fresh or salt water may be vacated for pnvate
benefIt NothIng contained In thIS sectIon shall prevent an easement for utIlIty
purposes from being exchanged for a new easement for SImilar purposes or
from converting a fee Interest for utilIty purposes Into an easement for such
purposes
The Ambler Street pedestrian walkway provIdes access to the Gulf of MeXICO,
therefore, Article II, Sechon 2 01 (d)(5)(vi) of the City's Charter applies in thIS
case and prohibits vacation of the walkway
Construction "on" the easement
2 The subject pedestrian easement resulted from Resolution No 65-77 In 1965,
provIding for the vacatIon of Ambler Street and the express exceptIon of a
pedestrian nght-of-way as follows "It IS understood that the remaining 10 foot
portion of Ambler Street IS dedicated as a pedestrian walkway In perpetUity,
however, the saId property owner shall have the right to bridge the saId
pedestrian easement In accordance With plans and specificatIons submItted to
and approved by the BUilding Inspector of the City of ClealWater, and also the
nght to pave saId pedestnan walkway, If desired" The Resolution language
clearly allows for bndglng over the easement, not for constructIon "on" the
easement The constructIon of an enclosed, climate-controlled structure would
therefore not be permItted, and In any event, a structure WIth limited hours of
access would Impede public nght of entry and be In Violation of the easement
The current "brrdge-type" structure IS the type of structure allowed for In the
easement
In addition, Flonda courts have held In favor of the "dominant" party (the party
haVIng the nght of use) of an easement, partIcularly where the language of the
easement IS not ambIguous There are three 5th DCA cases that bear perusal
;,
In Hoff v Scott, 453 So 2d 224 (I-Ia 5th DCA 1984), the court found that an
easement of a s' 'Jf land 20 feet wIde to be used fc - 'e right of Ingress and
egress was not arllolguous, and that Appellees had nl... ,lght to place permanent
obstructions In any part of easement area The court found, In pertinent part
"In thIs case the easement granted was 'over, across, and upon a strip of land 20
feet wIde such strip of land to be used In common for the nght of Ingress and
egress' The language of thIs deed IS not ambIguous, and we are unable to read
It as merely gIVing a nght to travel somewhere over the twenty foot area It IS
clear from the wording of the deed that the whole strip was set aSIde for Ingress
and egress"
Similarly, In RIchardson v Jackson, 667 So 2d 928 (Fla 5th DCA 1996), the
court found that no Improvements could be made wIthin the boundaries of a 25
foot easement, even gIven the fact that only an eight-foot path within the
easement was actually used for vehIcles
In LImIted PartnershIP Sand Lake Shoppes Familv v Sand Lake Courtyards,
L C. at ai, 816 SO.2d 143 (Fla 5th DCA 2002), the court found that the proper
questton IS whether or not there has been any Interference of the Appellant's
fight to free passage over the easement to the degree and amount Originally
contemplated by the partIes The court found that Appellees' erection of a
billboard over the easement Infringed upon the easement. The pertinent
language In the easement was
" an easement for the purpose of vehIcular and pedestrian Ingress and egress
to and from Sand Lake Road over, across and upon all of that certain parcel of
land "
The language In Resolution No 65-77 IS unambiguous as well, and does not
provide for uses other than those speCIfically, clearly delIneated
Relocation of the easement
3 Relocation of the easement would necessitate the vacation of the eXIsting
easement, which, as discussed above, IS prohIbIted by Article II, Section
2 01 (d)(5)(vl) of the City's Charter Any strategy to relocate the easement would
be moot
cc Pam Akin, City Attorney
Pmellas County Property Appf? ~r InfomlatJon 0829 15 1638000000111
Page 2 of6
08 / 29 /
15 / 16398 / 000 / 0530
-f;\J
06-0ct-2004 J~1'1 SI'1~th, CFA P~nella3 County Property Appralser 16 Z6 29
Ownershlp Inforf'latlon Non-Resident1al Property Address, Use, and Sales
HUt~TER HOTEL CO ; OBK, 10827 OPG, 09H
I
PO BOX H30
DES HOIt{ES IA 50309-H30
EVACUA TION ZON E A
COf'lparab Ie sales value as Prop Addr 495 BEACH DR
of Jan 1, 2003, based on Census Tract 260 02
sales frOM 2002 - 2003 '
0 Sale Date OR Book/Page Pr~ce (Qual/UnQ) Vac / If'lp
Plat Inforf'latlon 2 /2,000 10,627/ 97Z 2,125,200 ( H) I
1925 ' Book 010 Pgs 042- 0 /0 0/ 0 0 ( )
0000 Book Pgs - 0 /0 0/ 0 0 ( )
0000 Book Pgs - 0 /0 0/ 0 0 ( )
2004 Value EXEMP TI ONS
Just/iI'larket 950,000 HOMestead NO Ownershlp % 000
Govt E.<ef'l tlO Use % 000
Asse8sed/Cap' 950,000 Inst~tutlonal Ei<8M tlO T ai< Exef'lpt %, 000
Hlstoric Ei<eJYl 0
Taxable 950,000 Agrlcultural' 0
2003 Tax Inforl'1atlon
Distrlct CW Seawall' Frontage'
ClearW"ater Vlew,
03 Mlllage 23 0851 Land Slze Unlt Land Land Land
Front x Oepth Prlce Unlts Meth
03 Ta...es ZO,314 89
1) 100 x 100 48, 00 18,OZ7.08 S
Speclal Tax .00 2) o x 8 00 .08
3) 0 x 0 00 .00
Wlthout the Save-Our-HoM8s 4) 0 x 0 00 .00
cap, 2003 taxes wlll be 5) 0 x 0 .00 00
20,314.69 6) 0 x 0 .00 00
Wlthout any exeMptlons,
2003 taxes wlll be
ZO, 314.89
Short Legal CL EA RWATER BEACH PARK LOTS 5 3 T H RU 56 INCL
Descrlptlon
Building Information
http //pao co pmellas fl uslhtbm/cgl-chck?o=l &a=l &b=l &c=l &r= 16&s=4&t3= l&u=O&
10/6/2004
Pmcllas County Property Apprn ~c>r Information 08 29 15 16380 000 001 fl
. Buddmg I
. BUlldLng 2
Building #1
08 / 29 /
Page 3 of6
15 / 16398 / 000 / 0530
:01
06-0ct-Z004 Jl~ S~lth, CFA Plnellas County Property Appralser 18 Z8 Z8
Co~~erclal Card 01 of Z I~proveMent Type Hotel/Hotel < 4 St
Proper ty Add ress 495 B EACH DR Prop Use, 313 Land Use, 39
Structural Elements
Foundatlon
Floor SysteM
Exterlor Wall
Helght Factor
Party Wall
Structural Fra~e
Roof Fra~e
Roof Cover
Cablnet & Mill
Floor FJ..nJ..sh
Interlor Flnlsh
Total Unlts
Continuous Foot~ng
Slab on Grade
Conc Block/Stucco
o
I~one
Concrete Re~nforced
Reinforced Concrete
Bu~lt Up/Compos~t~on
Average
Carpet
Dr':Jwall
o
Heatlng & Alr Heating&Cooling Pckg
Fixtures 21
Bath hIe
Electrlc
Shape Factor
QualJ..ty
Year BUllt
Effectlve Age
Other Depreclatlon
Functlon Depreciatlon
EconoMlc Depreclatlon
None
Average
Rectangle
Ave rage
1.973
ZO
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Sub Areas
Oescrlptlon Factor Area Descriptlon Factor Area
1) Base Area 1 00 1.410 n 00 0
2) Open Porch ZO 470 8) .00 0
3) Upper Stry Base Area 90 Z.340 9) .00 0
4) 00 0 10) .00 0
5) .00 0 11) 00 0
6) 00 0 12) 00 0
Commercial Extra Features
Descrlptlon D U.,enSlons Prlce Unlts Value RCO Year
1) ASPHALT 2400 Sf 1. 50 2.600 0 3,900 999
2) FEliCE 160LF 11. 00 160 0 L ZOO 1.992
3) POOL 25,000,00 1 0 11,000 1.992
4) SHED 300 Sf 10 00 300 0 1.470 L 973
5) PATIO/DECK 8Z0SF 3 00 8Z0 0 1.670 L 99Z
6) 00 0 0 0 0
TOTAL RECORD VALUE Z5.Z40
Building #2
http //pao co Plllellas fl uslhtblll/cgl-chck?o=l&a=l&b=l&c=l&r= 16&s=4&t3=1&u=O&
10/6/2004
Pme II as Co un ty Property Appr' - ~ ~r Infom1atlOn 08 29 1 5 16380 000 001 fl
Page40f6
08 / 29 /
15 /
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:02
06-0ct-2004 Jl~ S~lth, CFA Plnellas County Property Appralser 18 28:30
Co~~erclal Card 02 of 2 I~prove~ent Type Hotel/Hotel < 4 St
Property Address. 495 BEACH OR Prop Use 313 Land Use 39
Structural Elements
Foundat~on
Floor Syste~
E-.;terlor Wall
Helght Factor
Party Wall
Structural Fra~e
Roo f Fra~e
Roof Cover
Cab~net & Mlll
Floor Flnlsh
Interlor Flnlsh
Total Unlts
Continuous foot~ng
Slab on Grade
Cone Block/Stucco
o
None
Concrete Re~nforced
Reinforced Concrete
Built Up/COMpos~t~on
Average
Carpet COMb~nat~on
D 1'!:Iwall
o
Heatlng & Air Heating&Cooling Pckg
Flxtures ZI
Bath hIe
Electrlc
Shape Factor
Quall ty
Year Built
Effectlve Age
Other Depreciatlon
Functlon Oepreclatlon
Econo~lc Oepreciatlon
II0ne
Average
Rectangle
Average
1. 913
20
o
o
o
Sub Areas
Oescrlptlon Factor Area Oescrlptlon Factor Area
1) Base Area 1. 00 1,890 7) 00 0
2) Ut111t!:l 35 450 8) 00 0
3) Open POI'ch ZO 180 9) 00 0
4) Upper Stry Base Area 90 Z,340 10) 00 0
5) .00 0 11) 00 0
6) 00 0 12) 00 0
Commercial Extra Features
Oescrlptlon Ol~enslons Prlce Unlts Value RCo Year
1) .00 0 0 0 0
2) 00 0 0 0 0
3) .00 0 0 0 0
4) 00 0 0 0 0
5) .00 0 0 0 0
6) 00 0 0 0 0
TOTAL RECORD VALUE 0
Map With Property Address (non-vacant)
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08 / 29 /
15 / 16398 / 000 / 0490
o 6-0c t- ZO 04 Jlrrl 5rrllth, CFA Plnellas County Property Appralser 18: 29 03
,
Ownershlp Inforrrlatlon Vacant P rope rt~ Use and SaJ.es
fL CLEARWATER BEACH HOTEL CO OBK, 05163 DPG, 1599
PO BOX H30
DES HOlliES IA 50309- H 3 0
[VACUA TI ON ZON [ , A
COMparable sales value as Prop Addr 0
of J an 1, 2003, based on Census Tract 260.02
sales froM 2002 - 2003
0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/ IMp
Plat InforMatl.On 2 /1,981 5,152/ 158 217,500 (U) U
1925 Book 010 Pgs 042- 3 /1,981 5,163/1,599 83,700 (u) u
0000 Book Pgs - 0 10 0/ 0 0 ( )
0000 Book Pgs - 0 10 0/ 0 0 ( )
2004 Value EXEMPTION5
Jus tJlvlarke t 262.200 HOMestead NO Dwnershlp % 000
Govt [xerrl NO Use % 000
Assessed/Cap 262.200 Instl.tutl.onal ExeM, NO Tax ExeMpt %, 000
Historl.c ExeM 0
Taxable' 262.200 Agrlcultural' 0
2003 Tax InforMation
Distrl.ct, CW 5eawall Frontage
CJ.earwat e r Vl.ew'
03 Mlllage' 23.0851 Land 51ze Unl.t Land Land Land
Front x Depth Prlce Unl.ts Meth
03 Taxes' 5.071 80
1) 100 x 100 30.00 10.000.00 5
5pecl.al Ta.< 00 2) 0 x 0 00 .00
3) 0 x 0 .00 .00
Wlthout the 5ave-Dur-HoMes 4) 0 x 0 .00 00
cap, 2003 taxes wi 11 be 5) 0 x 0 .00 00
5,071 80 6) 0 x 0 .00 00
Wl.thout any exeMptlons,
2003 taxes wlll be
5,071.60
5hort Legal CLEARWATER BEACH PARK LOTS 49,50.51 AND 52
Oescrlptlon
Building Information
http //pao co pmc]]as fl us/htbmJcgl-cltck?o=l &a=l &b=l &c=l &r= 16&s=4&t3=1&u=0&
10/6/2004
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08 / 29 / 15 / 16398 / 000 / 0490
06-0ct-2004 J~~ 5~lth, CFA Plnellas COunty Property Appralser
Vacant Parcel Property Use 290 Land Use 10
18 29 OJ
Vacant Extra Features
Descrlptlon o U'1ens ~ons Prlce Unlts Value ReO Year
1) CARPORT 1760 lZ.OO 1. 760 0 8,450 111
2) .00 0 0 0 0
3) .00 0 0 0 0
4 ) .00 0 0 0 0
5) , 00 0 0 0 0
6) , 00 0 0 0 0
TOTAL RECORD VA LU E 8,450
Map \Vith Property Address (non-vacant)
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Page 2 of6
08 / 29 /
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~3
06-0ct-Z004 JH'1 Sru th, CFA P~nellas County Property Appra~ser 16 Z9:35
Ownersh~p InforP"lat~on t~on-Res1d en tial P rope rty Add ress. Use. and Sales
MANDALA"" INUESIMENlS OSK 11361 OPG' 0301
ZZOl 4TH 51 N 5TE ZOO
5T PETERSBURG Fl 33704-4300
EVACUATION ZONE, A
COrrJparab Ie 8a18s value as Prop Addr' 470 MANDALA.... AUE
o f J an 1, 2003, based on Census Tract HO OZ
sales frorrJ 2002 - 2003' ,
0 Sale Date OR Book/Page Pr~ce (Qual/UnQ) Vac/lrrJp
Plat InforrrJatlon 5 IZ.OOl 11.361/ 301 1. 650, 000 (Q) I
19 Z5. Book 010 Pgs 04Z- Z 11.997 9.606/1. 339 650,000 (U) I
0000 Book Pgs - lZ/1.991 7.766/1.5Z5 8Z5,000 (U) I
0000 Book Pgs - 0 11.9n 3.653/ 594 50.000 (Q) I
2004 Value EXEMP T IONS
Jus t I ~larke t 1.511.000 HOrrJes te ad' NO Owner8hlp % 000
Govt ExerrJ 110 Use % 000
A8sessed/Cap, 1,511.000 In8tltutlonal ExerrJ, 110 Tax EX8rrJp t %. .000
H~storic EX8rrJ 0
Ta>.able. 1.511.000 Agr leul tural' 0
2003 Tax InforrrJatlon
D18trlct, CW Seawall. Frontage
Cl earwate r Ylew.
03 Mlllage, Z3 0851 Land Slze Unlt Land Land Land
Front x Depth Prlce Unlts Meth
03 la'es 30,906 33
1) 150 x 100 40.00 18,970 00 5
Speclal lax .00 2) 190 x 100 40.00 15,000 00 S
3) 0 x 0 .00 00
Wl thout the Save-Our-HorrJ8s 4) o x 0 00 00
cap, 2003 taxes wlll be 5) o x 0 00 00
30.906 33 6) o x 0 .00 .00
.
Wlthout any exerrJptlons,
2003 taxes wlll be
30.906 33
Short Legal CLEARWATER BEACH PARK LOTS 43 THRU 46 INCL. 5
Oescrlptlon 14.75 FT LOT 64 3: lOTS 65 THRU 71 INeL
Building Information
http //pao co pmellas flus/htbm/cgl-chck?o=l&a=l&b=l&c=l&r= 16&s=4&t3=1&u=0&
10/6/2004
Pmellas County Property Appp' ~~r InformatIon 08 29 15 16398000 040n
. &}1lIidl11g~
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Blllldlllg #1
08 / 29 /
15 /
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Page 3 of6
06-0ct-ZO~4 JlrrJ SMlth, CFA Plnella8 County Property Appralser 16 Z9.35
COrrJ~erclal Card 01 of Z IMproverrJent lype Rest/lounge/Orlve-in
Property Address 470 MANDALA"" AUE Prop Use, 3Z5 Land Use Zl
Structural Elements
Foundatlon
Floor SysteM
E .terlor Wall
Helght Factor
Party Wall
Structural FraMe
Roof FraMe
Roof Cover
Cablnet & Mlll
Floor Flnlsh
Interior Finish
Total Unlt8
Spread/Mono Foot1ng
Slab on Grade
Cone Block/Stucco
8
Ilone
Masonry Pillar3:Steel
Bar J01st/Rigid Fram
Built Up/Metal/Gyps
Average
Carpet Combination
Drywall
o
Heatlng & Alr Heating3:Cooling Pckg
Fixture8 23
Bath Tlle
Electrlc
Shape Factor
Quallty
Year Built
Effeetive Age
Other Depreeiation
Funetlon Depreclatlon
EconoM~c Depreclatlon
Floor and
Average
Rectangle
Average
Wall
1. 975
Z5
10
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8
Sub Areas
Deserlptlon Factor Area Descrlption Factor Area
1) Base Area I. 00 944 7) . 00 0
2) UtJ.IJ.t~ .40 1 1. 664 8) . 00 0
3) eanopy . Z5 3,064 9) . 00 0
4 ) Upper Stry Base Area .90 L 150 10) DO 0
5) .00 0 11) 00 0
6) .00 0 12) 00 0
Commercial Extra Features
Descrlptlon DlMenSlons Prlce Unlts Value ReD Year
1) ASPHALT 10000SF 1 50 10,000 0 15,000 999
2) CotlC PAVE 3 00 1.615 0 4,B50 999
3) .00 0 0 0 0
4) 00 0 0 0 0
5) 00 0 0 0 0
6) 00 0 0 0 0
TOTAL RECORD VALUE, 19.650
BUlldin2 #2
http //pao co pmcllas fl uslhtbm/cgl-cilck?o=l&a=l&b=l&c=l&r= 16&s=4&t3=1&u=0&
10/612004
Plllellas County Property Apprn ner InformatIon 0829 15 16398 000 040()
08 / 29 /
Page 4 of6
15 / 16398 / 000 I 0430
:02
06-0ct-Z004 J1M Srrllth, CFA Plnellas County Property Appralser 16.29 36
COrrlMerClal Card OZ of Z IMproveMent Type Reta1l Store
Property Address: 484 HANOAlAY AUE Prop Use 3Z5 Land Use 21
Structural Elements
FOLmdat~on
Floor Systerrl
Eyterlor Wall
Helght Factor
Party Wall
Structural FraMe
Roof FraMe
Roof Cover
Cablnet & Ml11
Floor Fln18h
Interlor Flnish
Total Unlts
Cont1nuous foot1ng
Slab on Grade
Cone Block/Stucco
o
t~one
t~one
Shed
Composition Sh1ngle
Average
Carpet Comb1nat10n
[J ry wall
o
Heat~ng & Air Heating3:Cooling Spit
Flxtures 10
Bath hIe
Electrlc
Shape Factor
Qual1 ty
Year Built
Effectlve Age
Other Depreciatlon
Functlon Depreclatlon
EconoMic DeprecIatlon
f.loor' Only
Average
Rectangle
Average
1. 950
ZO
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su.b Areas
De8crlptlon Factor Area Deserlptlon Factor Area
1) Base A ,'ea 1. 00 Z,05Z 7) . 00 0
2) Canopy ZS 534 8) .00 0
3) 00 0 9) .00 0
4) 00 0 10) .00 0
5) 00 0 11) .00 0
6) 00 0 12) 00 0
Commercial Extra Features
De8crIptIon D1MenSl0ns PrIce Unlts Value RCD Year
1) 00 0 0 0 0
2) 00 0 0 0 0
3} 00 0 0 0 0
4) . 00 0 0 0 0
5) .00 0 0 0 0
6) .00 0 0 0 0
10 lA L RECORD VALUE. 0
Map With Property Address (non-vacant)
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Parcel Information
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J?mellas County Property Appr~.~er Infom1atlon 0829 15 16398000 O,PI)
Page 2 of5
08 / 29 / 15 / 16398 / 000 / 0090
06-0ct-Z004 JlrrJ SMlth, CFA Plnellas County Property Appral8er 16.30 15
Ownershlp InforrrJatlon 110 n- Re S1 de nt ~al Propert'j Address, Use, and Sales
HUllTER HOTEl CO OBK 108Z7 OPG' 097Z
PO BOX 7Z30
DES HOINES IA 50309-7Z30
EYACUA TION ZON E A
COMparable sales value a8 Prop Addr: 470 BEACH DR
of Jan 1, 2003, based on Censu8 lrae t Z60.0Z
sales frorrJ 2002 - 2003 :
0 Sale Date OR Book/Page Prlce (Qual/UnQ) Vac/ IMp
Plat InforMatlon 2 /Z,080 10,827/ 97Z z, 1 Z5. ZOO (M) I
1925 Book 010 Pgs 04Z- 10/1.981 5,Z56/1.540 Z74,900 (U) I
0000 Book Pgs - 11/1.961 5,Z68/ 930 Z74,900 (U) I
0000 Book Pgs - 0 /1.975 4.364/1.536 Z20,OOO (U) I
2004 Value EXEMPTIONS
JU8t/Market 956,300 HOMestead: NO Ownershlp 1. .080
Govt ExerrJ fW U8e % 000
Assessed/Cap' 956.300 Instltutlonal ExeM, NO Tax ExeMpt 1.' .080
Hlstorlc EX8rrJ 0
T a~.ab Ie, 956.300 Agrlcultural' 8
2003 Tax InforrrJatlon
D~strlct CW Seawall Frontage' Gulf Of Hex1co
Clearwater V~ew'
03 Mlllage Z3.0651 Land Slze Unlt Land Land Land
~ront x Depth Price Unlts Meth
03 Taxes' 18,396.5Z
1) 125 x 100 90.00 lZ.500.08 5
Speelal lax .00 2) 0 x 0 .00 00
3) 0 x 0 .00 .00
Wl thout the Save-Our-HorrJes 4) o x 0 .00 00
cap, 2003 taxes will be 5) o x 0 , .00 00
18.396 5Z 6) o x 0 .00 00
Wlthout any exerrJptlons,
2003 ta..:es wlll be
16.396 5Z
Short Legal CLEARWATER BEACH PARK LOTS 9 THRU 13 I1lel
De8crlptlon
Building Information
http / /pao co pmellas flllslhtbm/cgl-chck?o= 1 &a= I &b= 1 &c= 1 &r= 16&s=4&t3= 1 &u=O&
10/6/2004
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Page 3 of5
08 / 29 /
15 /
16398 / 000 / 0090
:01
06-0ct-Z004 JlrrJ SMlth, CFA Plnella8 County Property Appralser 16'30,15
COMrrJercial Card 01 of 1 IMproveMent lype Hotel/Hote~ < 4 St
Proper ty Address, 470 BEACH DR Prop Use: 313 Land Use, 39
Structural Elements
Foundatlon
Floor SysteM
Exterlor Wall
Helght Factor
Party Wall
Struetural FraMe
Roof FraMe
Roof Cover
Cablnet & Mill
Floor Flnlsh
Interlor Finish
Total Un~t9
eontinuous Foot1ng
5 lab on Grade
Cone Block/Stucco
o
t~one
None
Reinforced Concrete
Built Up/CO~p05~t1on
Average
Carpet Co~b1nat10n
Plaster furred
o
Heatlng & Alr Heating&Coo~1ng Spit
Flxtures Z4
Bath Tlle
Eleetrle
Shape Factor
quallty
Year BUllt
Effectlll'e Age
Other Oepreclatlon
Funetlon Oepreclatlon
EconoMic Oepreclatlon
floor + Half
Average
Rectangle
Average
Wal~
L 950
30
o
o
o
su.b Areas
Oescrlptlon Factor Area Descrlption Factor Area
1) Base Area 1 00 1. 186 n .00 0
2) Open Porch ,30 Z,3Z0 8) 00 0
3) Utihty .40 l,61Z 9) ,DO 0
4) Upper Stry Base Area .90 Z.600 10) 00 0
5) .00 0 11 ) 00 0
6) 00 0 12) 00 0
Commercial Extra Features
Descrlptlon DlMensions Prlce Unlts Value RCo Year
1) PATIO/OECK ZH6Sf 3 00 Z,756 0 5.6Z0 1,99 Z
2) 00 0 0 0 0
3) 00 0 0 0 0
4) 00 0 0 0 0
5) , 00 0 0 0 0
6) 00 0 0 0 0
10 TA L RECORD VALUE 5.6Z0
Map \Vith Property Address (non-vacant)
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10/6/2004
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10/6/2004
Pmellas County Property Appn""er InformatIon 0829 15 16398000 ooon
Page 2 0[5
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08 / 29 /
15 /
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D6-0ct-Z004 J1M SrrJ1th, CFA P1nellas County Property Appra18er 18 30:55
Ownersh1p InforMat1on Vacant Property Use and Sales
HUIITER HOTEL CO aSK 06099 OPG: 1439
PO BOX 1230
DES HOlliES IA 5030 9- 12 3 0
EVACUATION ZON E A
COrrJparable 8ale8 value as Prop Addr' 0
of Jan L 2003, based on Cen8us Trac t 260.0Z
sale8 froP"l 2002 - 2003,
0 Sale Date OR BOOk/Page Pr1ce (Qual/UnQ) Vac/lrrJp
Plat InforrrJation 11/1,99Z 8,099/1.439 700,000 (U) u
19 Z 5 ' Book 010 Pgs 04Z- 11/1,990 7.4Z61 34 Z65.000 (Q) I
0000 Book Pgs - 0 10 01 0 0 ( )
0000 Book Pgs - 0 /0 0/ 0 0 ( )
2004 Value EXEMP TIONS
JU8t/Market 573,600 HOrrJestead' "0 Ownersh1p % 000
Govt ExeM' 110 Use % 000
Assessed/Cap, 573,800 In8titut1onal ExeM, "0 Tax ExeMpt 1" 000
Hi8tor1e ExerrJ 0
laxable 573,600 Agr icul tural' 0
2003 1 a..:: InforrrJatlon
Dlstrlct C.... Seawall Frontage
Clearwater V18W,
03 r\ll11age, Z3.0651 Land 51ze Un1t Land Land Land
~ron t x Depth Pr1ce Units Meth
03 Taxe8: 11.036 99
1) 75 x 100 90 00 7,500.00 S
Speclal Tax 00 2) 0 x 0 00 00
3) o x 0 .00 .00
Wl thout the Save-Our-HoMes 4) o x 0 .00 00
cap, 2003 ta:-.es wlll be 5) 0 x 0 .00 00
11.036 99 6) 0 x 0 .00 00
W1thout any exeMpt1on8,
2003 taxes w111 be
11. 036.99
Short Legal CLEAR....ATER BEACH PARK lOTS 6.7 & 6
Descr1ption
Building Information
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10/612004
Pmellas County Property Apprn'<<er InformatIOn 0829 15 16398000 00nf)
Page 3 of5
08 / 29 / 15 / 16398 / 000 / 0060
06-0ct-Z004 J1M SM1th, CFA Pinellas COunty Property Appra~ser
Vacant Parcel Property Use 000 Land Use 10
18'30'56
Vacant Extra Features
Descrlptlon 01Men81on8 Pr1ee Un1ts Value ReD Year
1) 00 0 0 0 0
2) 00 0 0 0 0
3) , 00 0 0 0 0
4) 00 0 0 0 0
5) 00 0 0 0 0
6) , 00 0 0 0 0
TOTAL RECORD VALUE 0
Map With Property Address (non-vacant)
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AV,liBable
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P,mellas County Property Appr"'-''''er InfomlatlOn 08 29 ] 5 16398 000 O(l(lf)
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Pinellas County Property Appraiser
Parcel Information
http //pao co pmellas n lls/htbmlcgl-chck?o=l&a=l&b=l&c=l&r= 16&s=4&t3=1&u=O&
10/612004
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Page 2 of5
08 / 29 / 15 / 16398 / 000 / 0010
06-0ct-Z004 J1M SM1th, CFA P1nellas County Property Rppra18er 18:53.04
Ownersh1p InforP"lation Non-Res1dent~al P rope rty Address. Use. a.nd Sales
Fl CLEARWATER aEAeH HOTEL CO OSK 05163 OPG lS99
PO BOX 7Z30
DES HOINES IA 50309-1230
EVACUATION ZONE A
COMparable sale8 value as Prop Addr 490 BEAe" OR
of Jan 1, 2003, based on Census Trac t ' Z60.0Z
sales frOM 2002 - 2003,
0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/lfYlp
Plat InforrrJatlon Z /1.961 5,15Z/ 156 Z17.500 (U) I
1925 Book 010 Pgs 04Z- 3 11,981 5,163/1. 599 63.700 (U) I
0000' Book Pgs - 0 /0 0/ 0 0 ( )
0000 Book Pgs - 0 /0 0/ 0 0 ( )
2004 Value EXEMP lIONS
Jus t Ir'>'1arke t, Z.100.000 HOMestead' NO Ownersh~p % 000
Govt ExerrJ IW Use % .000
Assessed/Cap 2.100.000 In8tltut1onal ExeM, 110 Tax ExeMpt %, .000
H18toric ExeM 0
Taxable Z,100.DOO Agr~eultural 0
2003 Tax InforMat1on
Dlstrlct, CIJ Seawall Frontage Gulf Of Hex1co
Clearwater V1ew
03 M1llage, Z3.0651 Land 51ze Un1t Land Land Land
Front x Depth Pr~ce Units Meth
03 Taxes' 37,397.66
1) 133 x 100 90 00 13,489 00 S
Spec1al lax 00 2) 0 x 0 00 00
3) 0 x 0 00 .00
Wlthout the 5ave-Our-HoMes 4) o x 0 00 .00
cap, 2003 taxe8 wlll be 5) 0 x 0 . 00 .00
37,397 66 6) 0 x 0 . 00 .00
W1thout any exerrJptions,
2003 taxes wlll be
37.397 86
Sliort Legal eLEARlr'ATER BEAeH PARK lOTS 1 THRU 5
Oescr1ption
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Building lnformation
http //pao co pmellas fl uslhtbm/cgl-chck?o=l&a=l&b=l&c=l&r= 16&s=4&t3=I&u=0&
10/6/2004
P~nellas County Property App:r~ ~er Information 08 29 15 16380000 0(l11j
Page 3 of 5
08 / 29 /
15 / 16398 / 000 / 0010
:01
06-0ct-Z004 J1rrl SM1th, CFA P1nella8 County Property AppraIser 18.53 05
CO~rrlerc1al Card 01 of 1 Irrlproverrlent Type Hotel/Hotel < 4 St
Property Address 490 BEACH DR Prop Use: 313 Land Use 39
Struct~ral Elements
Foundat1on
Floor SysteM
E,-:terIor Wall
He1ght Faetor
Party Wall
Structural Frarrle
Roo f FraMe
Roof Cover
Cab1net & 111111
Floor F1n18h
Interlor F~n1sh
Total UnIts
Speclal footlng
Structural Slab
Conc Block/Stucco
8
None
Concrete Re1nforced
Bar J01st/Rig1d fraM
BU1lt Up/Metal/Gyps
Average
Carpet COMbination
Drywall
o
Heat1ng & AIr Heating3:Coo11ng Pckg
F1xture8 60
Bath hIe
Electr1c
Shape Factor
QualIty
Year BUllt
Effect1ve Age
Other Depree1at1on
Funct10n Deprec1at1on
ECOnOrrl1C Deprec~at1on
floor + Half
Average
Rectangle
Average
Wall
1.986
15
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Sub Areas
De8cr1pt1on Factor Area Descr1ptIon Faetor Area
1) Base Area 1 08 3.696 7) 00 0
2) Upper Stry Base Area .90 3,696 8) 80 0
3) Upper Stry Base Area .90 3,696 9) 00 0
4) Uhl1 ty .55 640 10) 00 0
5) Open Porch .30 Z.190 11) 00 0
6) Car-port .30 4.236 12 ) 00 8
Commercial Extra Features
Descr1pt~on D1Men81on8 Pr1ce Un1t8 Value RCD Year
1) ELEU PASS 30,000.00 1 0 16.Z00 1.986
2) ELEU STOP 3,500 00 4 0 7.560 1,986
3) FEliCE l:60lf 11 00 260 0 Z.lZ0 1,994
4) .00 0 0 0 0
5) 00 0 0 0 0
6) 00 0 0 0 0
TOTAL RECORD VALUE 25,880
Map With Property Address (non-vacant)
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Parcel Information
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p"mellas County Property Appra''''''T InformatIOn 08 29 15 16380000001 ()
Page 2 of9
08 / 29 /
15 / 16380 / 000 / 0010
06-0ct-Z004 J1M Sruth, CFA Plnellas County Property Appra18er 16. Z5 16
Ownershlp InforrrJat1on t~on-Res~dent.l.a~ Property Address, Use. and Sales
FLORIDA CLEARWATER BEACH HOTEL CO OSK, 01550 OPG, 06Z9
PO BOX 7Z30
DES HOlliES IA S0309-7Z30
EVACUATION ZONE A
Co~parable sale8 value as Prop Addr, 500 HAtlDA LA"" AUE
of Jan 1, 2003, based on Census lrac t HO.OZ
8ales frOM 2002 - 2003,
0 Sale Date OR BOOk/Page Prlee (Qual/UnO) Vac/IMp
Plat InforMation 0 /0 0/ 0 0 ( )
1931 Book 019 Pgs 096- 0 /0 01 0 0 ( )
0000 Book Pgs - 0 10 01 0 0 ( )
0000 Book Pg8 - 0 /0 01 0 0 ( )
2004 Value EXEMP T IONS
Just/Market, 8.700.000 HOMestead, NO Owner8hlp % .000
Govt ExeM, 110 Use % .000
Assessed/Cap' 6.700,000 Inst1tut1onal ExerrJ, 110 Tax ExeMpt %, 000
Historlc EAeM' 0
Taxable: 8,700.000 Agr1eultural, 0
2003 lax InforrrJat1on
D18tr1ct, CW Seawall Frontage Gulf Of Mex1co
Clearwater V1ew'
03 Mlllage' Z3.0651 Land Slze Un1t Land Land Land
Front x Depth Price Un1ts Meth
03 Tax es 173.138.Z5
1) 0 x 0 60.00 108.536.0 S
Spec1al Tax 00 2) 0 x 0 45,000 00 43 A
3) 0 x 0 .00 .00
WIthout the Save-Our-HOMes 4) 0 x 0 00 .00
cap, 2003 taxes w1ll be 5) 0 x 0 00 .00
173,138 Z5 6) 0 x 0 00 .00
W1thout any exeMpt1ons,
2003 taxes w~ll be
173.138 Z5
Short Legal CLEARWATER BEAeH RESUB TRACT A 3: ADJ 15FT UAC
Descrlptlon ST 011 5 lESS N 154.49FT 8: PT UAC AHBLER ST
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Buildin2 Information
hitp I/pao co pmellas f1 us/htbm/cgl-scr3'Jo=l &a=l&b=l&c=l &r= 16&s=4&t3=1&u=0&p
1 0/6/2004
P'mellds County Property Appr?'~<>r InformatIOn 08 29 15 16380000 001 (\
Page 3 0[9
ProRerty dnd Land Use Code deSCriptIOns
. Buddmg 1
. B uddmg 2
. .B.l11ldmg 3
. Bulldmg 4
. Bul1dmg2
BUilding #1
08 / 29 /
15 /
16380 / 000 / 0010
:Ot
06-0ct-Z004 J1M Srr.lth, CFA P1nellas County Property Appra1ser 18,Z5:15
COMMercial Card 01 of 5 IMproveMent Type Hotel/Hotel > 3 St
Proper ty Addres8, 500 HAlmAlA.... AU E Prop Use' 31 Z Land Use' 39
Structural Elements
Foundation
Floor Systerr.
E}.ter1or Wall
He1ght Factor
Party Wall
Structural FraMe
Roof FraMe
Roof Cover
Cabinet &: Mill
Floor F1n1sh
Interlor F1nlsh
lotal Un1ts
Spec~al foot1ng
5t ructu ral Slab
Cone Block/Stucco
o
None
Concrete Re1nforced
Re1nforced Concrete
CustOrtl
Above Average
Carpet
Panel/Plastr/Drywall
o
Heating &: Alr
F1xture8
Bath Ii Ie
Electrlc
Shape Factor
Qual1ty
Ve ar B u i 1 t
Effect1ve Age
Other Deprec1atlon
Funetion Depree1at1on
EconoMie Depreeiation
Heating3:Cooling Pckg
197
Floor + Half Wall
Above Average
_1-" Des1gn
Above Average
1,968
1Z
o
o
o
Sub Areas
Descr1pt1on Factor Area Oescrlptlon Factor Area
1) Base Area 1 00 44.7Z3 7) .00 0
2) Open Porch 30 5.067 8) .00 0
3) Carpo rt 30 11.0ZZ 9) .00 0
4) Utihty 55 3.Z64 10) .00 0
5) 00 0 11) 00 0
6) 00 0 12) 00 0
Commercial Extra Features
Deser1pt1on D1rr.ensions Price Unlts Value RCD Year
1) EL EU PASS 30.000.00 Z 0 34,800 1.988
2) FI R E SP RIIIK I. 75 55,745 0 7Z,190 L 968
3) EL EU STOP 3.500.00 24 0 48,7Z0 L 968
4) .00 0 0 0 0
5) .00 0 0 0 0
6) .00 0 0 0 0
10 lA L RECORD VALUE 155.710
http //pao co pme/las fl us/htbm/cgi-scr3?o=1&a=1&b=l&c=I&r= 16&s=4&t3=1&u=O&p
10/6/2004
Pmellas County PlOperty Appf? -or Infom1atJon 08 29 15 16380 000 001 ^
Buildmg #2
08 / 29 /
Page 4 of9
15 /
16380 / 000 / 0010
:02
06-Oct-Z004 J1M SM1th, CFA P1nella8 County Property Appra1ser 18 Z5:17
COMrrJerc1al Card OZ of 5 IrrJproverrJent Type Hotel/Hotel < 4 St
Property Addres8' 500 HAIHlALA'r' AUE Prop Use, 31 Z Land U8e, 39
Structural Elements
Foundat1on
Floor SysteM
E,ter1or Wall
He1ght Factor
Party Wall
S t ruc tural Fr arqe
Roof FraMe
Roof Cover
Cab1net & M1ll
Floor F1n1sh
Interlor i=lnlsh
lotal Un1ts
Continuous footing
Slab on Grade
Cone Block/Stucco
o
t~one
t~one
Gable 3: Hip
COMposition Shingle
Ave rage
Carpet
Drywall
o
Heat1ng & Air Heat~ng&Cool~ng Pckg
F1xtures 60
Bath 11le
Electr1c
Shape F ae tor
QuaIl ty
Year Bu~lt
Effect1ve Age
Other Deprec1at1on
Funetion Depreciation
EconOM1C Depreclatlon
None
Average
Rectangle
Abo ve Ave "age
1,976
Z4
o
o
o
Sub Areas
Descrlpt10n Factor Area Descrlptlon Factor Area
1) Base A "ea 1 00 9.306 7) . 00 0
2) Util1ty 55 448 8) .00 0
3) Open Porch 30 6.OZO 9) . 00 0
4) 00 0 10) 00 0
5) .00 0 11) 00 0
6) .00 0 12) 00 0
Commercial Extra Features
Descrlpt10n D1Mens1ons Pr1ce Un1ts Value RCD Year
1) 00 0 0 0 0
2) 00 0 0 0 0
3) .00 0 0 0 0
4) .00 0 0 0 0
5) 00 0 0 0 0
6) 00 0 0 0 0
TOTAL RECORD VALUE 0
Building #3
http /Ipao co pmellas f1 us/htbm/cgI-scr3 ?o= 1 &a= I &b= 1 &c= I &r= 16&s=4&t3= 1 &u=O&p
1 0/6/2004
flmellas County Property ApprF~<>r Information 082915 16380000001"
08 / 29 /
Page 5 of9
15 / 16380 / 000 / 0010
:03
06-0ct-Z004 J1P"l 5M1th, CFA P1nellas County Property Appra1ser 18,Z5 17
COMrrJerclal Card 03 of 5 IrrJproverrJent Type Offices
Property Address 500 MANDALA.... AUE Prop Use 31Z Land Use 39
Structural Elements
Foundat1on
Floor 5Y8 terrJ
Ex tel' ior Wall
He1ght Factor
Party Wall
Structural FraMe
Roof FraMe
Roof Cover
Cab1net & Mlll
Floor F~n~8h
Interlor F1n1sh
Total Un1 ts
Continuous footing
Slab Above Grade
Cone Block/Stucco
o
tlone
None
Gable & H1p
Composition Sh1ngle
Average
Carpet Comb1nat1on
Drywall
o
Heat1ng & A1r Heating3:Cooling Pckg
Fixtures 6
Bath lile
Eleetr1e
Shape Factor
Qual1 ty
Year Built
Effect1ve Age
Other Oepreciat1on
Funct10n Deprec1at1on
EconOMic Depreciation
None
Average
Rectangle
Above Average
1.976
Z4
o
o
o
Sub Areas
Descrlpt10n Factor Area Descr1pt1on Factor Area
1) Base A t'ea 1 00 5.457 n 00 0
2) Open Porch 30 711 8) 00 0
3) Open POl'ch ,30 700 9) , 00 0
4) 00 0 10) 00 0
5) 00 0 11) 00 0
6) 00 0 12) 00 0
Commercial Extra Features
Descr1pt1on DH'1enS1Ons Pr1ce Un1ts Value RCD Year
1) ASPHALT 1 50 lZ,800 0 19, ZOO 999
2) 00 0 0 0 0
3) 00 0 0 0 0
4) 00 0 0 0 0
5) 00 0 0 0 0
6) ,00 0 0 0 0
TOIAL RECORD VALUE 19. ZOO
BUIlding #4
http Ilpao co pll1ellas 11 us/htbm/cgl-scr3 70= 1 &a= 1 &b= 1 &c= 1 &r= 16&s=4&t3= 1 &u=O&p
10/612004
P1I1ellas County Property Appr -"'r InformatIOn 0829 15 1638000000'"
Page 6 of9
08 / 29 / 15 / 16380 / 000 / 0010
:04
06-0ct-Z004 J1rrl SP"I1th, CFA P1nellas County Property Appralser 18'Z5 ZD
COMrrlercial Card 04 of 5 IMproveMent lype, Hote~/Hote~ ( 4 St
Property Address 500 HANOALAV AUE Prop Use 31Z Land Use 39
Structural Elements
Foundat1on
Floor SysteM
Exter10r Wall
He 19h t F ac tor
Party Wall
S t ruc tur al F rarrle
Roof Frarrle
Roof Cover
Cab1net & ~llll
Floor F1n1sh
Interior Flnish
Total Un1ts
Cont~nuous foot~ng
Slab on Grade
Cone Block/Stucco
o
tlone
None
Flat
BU1~t Up/eompos1tion
Average
earpet eombination
Panel/Plastr/Dr~wall
o
Heatlng & Alr Heating3:Cooling Pckg
F1xture8 66
Bath Tile
Electr1c
Shape Factor
Qual1ty
Year BU1lt
Effect1ve Age
Other Depreclatlon
Functlon Oepreclatlon
ECOnOrrl1C Oepreclatlon
Wall Onl~
Average
Rectangle
Above Average
1,954
Z6
o
o
o
Sub Areas
Descr1pt1on Factor Area Descr1pt1on Faetor Area
1) Base Area 1. 00 10,909 7) 00 0
2) Open Porch .30 1,181 8) 00 0
3) , 00 0 9) 00 0
4) 00 0 10) 00 0
5) DO 0 11) 00 0
6) DO 0 12) 00 0
Conm~ercial Extra Features
Descr1pt1on DlMenS10ns Pr1ee Un1ts Value RCD Year
1) El EU PASS Z-STOP 40,000 00 1 0 16.000 1.974
2) fIRESPRItlK 1 75 16.9Z5 0 14.610 1.974
3) ASPHA LT 5800 1 50 5.800 0 8.700 999
4) PATIO/DECK 1000 3.00 1.000 0 1. ZOO 1.974
5) POOL 60,000.00 1 0 Z4.000 1.974
6) SHUfBOCT 1.000.00 Z 0 Z,OOO 999
10 lA L RECORD VALUE 66.710
Building #5
http //pao co pmellas fl us/htbm/cgi-scr3?o=l&a=l&b=l&c=I&r= 16&s=4&t3=I&u=0&p
1 0/6/2004
Ptnellas County Property Apprn ~er InformatIon 0829 15 1638000000'"
08 / 29 /
15 /
16380 / 000 / 0010
:05
Page 7 of9
06-0ct-Z004 J1M SM1th, CFA P1nella8 County Property Appra1ser 16:Z5 ZO
COMMerc1al Card 05 of 5 IrrJproverrJent Type Hotel/Hotel < 4 St
Proper ty Address' 500 HAIHlA LAY AU E Prop U8e: 31 Z Land Use' 39
Structural Elements
Foundation
Floor 5ysterrJ
E--:terior Wall
He1ght Factor
Party Wall
Structural FraMe
Roof Fl"aMe
Roof Cover
Cab1net & 1'1111
Floor Flnlsh
Interlor F1n1sh
Total Un1ts
Spread/Hono foot1ng
Slab 0 n Grade
Cone Block/Stucco
o
Ilone
Hasonry P11lar3:Steel
Gable 3: HJ.p
COMpos1t1on Sh1ngle
Average
Carpet COMb1nat1on
Drywall
o
Heating & A1r HeatJ.ng3:Cooling Pckg
F1xtures 30
Bath Tile
Electr1c
Shape Faetor
Qual1ty
Year BUllt
Effect1ve Age
Other Deprec1ation
Funet10n Deprec1at1on
EconoM1e Deprec1at1on
floor + Half
Average
Rectangle
Above Average
Wall
1. 960
ZO
o
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Oeser1pt1on Factor Area De8cr1pt1on Faetor Area
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2) Open Porch 30 Z,05Z 8) .00 0
3) 00 0 9) .00 0
4) .00 0 10) .00 0
5) .00 0 11) .00 0
6) 00 0 12) 00 0
Commercial Extra Features
Descrlpt10n 01rrJenslon8 Pr1ce Un1ts Value ReD Year
1) PATIO/OEeK 45 OS f 3 00 450 0 570 1,980
2) 00 0 0 0 0
3) 00 0 0 0 0
4) . 00 0 0 0 0
5) . 00 0 0 0 0
6) 00 0 0 0 0
TOTAL RECORD VALUE 570
Map With Property Address (non-vacant)
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Ownershlp InforrrJatlon t~o n- ReS1d en ti al P rope rty Address. Use. and Sales
fL CLEARWATER B EACH HOT El OBK OZl76 OPG' 0577
PO BOX 7Z30
DES HOlliES IA 50309-1Z30
EVACUA TION ZON E A
COrrJparable sales value as Prop Addr 500 HA lID A lA.... AUE
of Jan 1, 2003, based on Cen8u8 T rac t ZGO.OZ
sales frOM 2002 - 2003'
0 Sale Date OR BoOk/Page Pr1ce (QuaI/UnQ) Vac/lrrJp
Plat InforMat1on 0 /0 0/ 0 0 ( )
1947 Book o Z6 Pgs 017- 0 /0 0/ 0 0 ( )
0000 Book Pgs - 0 /0 0/ 0 0 ( )
0000' Book Pg8 - 0 /0 0/ 0 0 ( )
2004 Value EXEMPTIONS
Just/Market, Z. 310.600 HOMestead, 110 Ownersh1p :i; 000
Govt ExeM 110 Use % 000
Asses8ed/Cap, Z. 310.600 Inst1tut1onal ExeM 110 Tax ExeMpt % 000
H~stor1c ExeM 0
Taxable Z. 310,600 Agr1cultural 0
2004 Tax InforMatlon
Oistr1ct CW Seawall Frontage Gulf Of Hexico
Clearwate r VH::W'
04 f\'llllage ZZ 9694 Land 51ze Un1t Land Land Land
Front x Oepth Pr1ce Un1ts Meth
04 Taxes 53,073 10
1) 100 v 130 110 00 13,000 00 S
Speclal Tax 00 2) 100 x III 110 00 11.1 ZO 00 S
3) 0 '( 0 45.000.00 06 A
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cap, 2004 taxes wlll be 5) 0 x 0 00 .00
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Short Legal HILLER' 5 REPLAT lOTS 1 All[) S 80FT Of lOT 9
De8Cl"lption A tl[) A II 0 f LOT 10 ANO PART Of UAC AHBlER ST Oil S ANO
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11/22/2004
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Progerty- and Land Use Code descflgtJons
05 / 29 / 15 / 57924 / 000 / 0010
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ZZ-Nov-Z004 J1M SM1th, CFA P1nellas County Property Appra1ser 09 Z3 05
COMMercial Card 01 of 1 IMproveMent Type, Hotel/Hotel < 4 St
Property Address 500 HANDALAY AUE Prop Use 313 Land Use' 39
Structural Elements
Foundat1on
Floor SysterrJ
E>terlor Wall
He1ght Factor
Party Wall
Structural FraMe
Roof FrarrJe
Roof Cover
Cablnet & 1'1111
Floor F1n1sh
Interlor Flnlsh
Total Unlts
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BU11t Up/COfflpos~t10n
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Heat1ng & Alr Heating3:Cooling Pckg
F1xture8 61
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Shape Factor
Quallty
Year BUllt
Effectlve Age
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EconOrrJic Oepreclat~on
floor + Half
Average
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Average
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2) Open POI'ch .30 Z.91Z 8) .00 0
3) 00 0 9) 00 0
4) 00 0 10) 00 0
5) 00 0 11) 00 0
6) 00 0 12) 00 0
Conunercial Extra Featu.res
Oeser1pt1on DlMenS10ns Pr1ce Unlts Value RCD Year
1) .00 0 0 0 0
2) 00 0 0 0 0
3) 00 0 0 0 0
4) 00 0 0 0 0
5) 00 0 0 0 0
6) 00 0 0 0 0
TOTAL RECORD VALUE 0
Map With Property Address (non-vacant)
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Pll)ellas County Property Appr- ~~r Information 05 29 15 57924000 O()1 f)
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CITY OF CLEARWATER
~J
NOTICE 'OF COMMUNITY DEVELOPMENT BOARD PUBLIC i1E","<ING~
The Commumty Development Board of the City of Clearwater, Flonda, wlil hold public heanngs on Tuesday, December
14, 2004, beglnnmg at 200 pill, III the City Council Chdmbers, In City Hall, 3rd floor, 112 South Osceola Avenue,
Clearwater, Flonda, to consider the followmg requests:
NOTE: All persons Wlshml! to address an item need to be present at the BEGINNING of the meetml!. Those caSes
that are not contested bv the applicant. staff, nel1!hbonnl! property owners. etc. will be placed on a consent al!enda
and auuroved bv a sml!le vote at the bel!inmnl! of the meetm!!
1 (cant from 11/16/04) 1504 Garden Inc. I'> requestmg a FleXible Development approval to pemut retail sales wlthm an
eXlstmg two-StOl)' commercial bUlldmg With a reductIOn to lot area from 10,000 sq ft to 7,720 sq ft, a reduction to lot Width
(west) from 100 ft to 5081 ft, reductIOns to the front (north) setback from 25 ft to 19 ft (to eXlstmg and proposed building)
and from 25 ft to 14 ft (to proposed pavement), a reductIOn to the front (west) setback from 25 ft to 15 ft (to proposed
pavement), reductIOns to the Side (south) setback from 10ft to I ft (to eXlstmg and proposed bUlldmg) dnd from lOft to
zero ft (to proposed pavement) and a reductIOn to reqUired parkmg from 5 to 45 spaces per 1,000 sq ft, as a Comprehensive
Jnfill Redevelopment ProJect, under the proVISIOns of Sec 2-704 C, and a reductIOn to the landscape buffer along the south
property lme from 5 ft to zero ft dnd a reduction m the Width of the reqUired foundation landscapmg adjacent to the bUlldmg
(west side) from 5 ft to 375 ft, as part of a Comprehensive Landscape Program. under the provlslons of Sec 3-1202 G
(Proposed Use. Retatl sales and servICes) at 503 Marshall St., E A Marshall's Sub, Lot 10 & W y, of vac alley on E
FLD2004-02010
2 Joseoh Carneo. Franco Iocolano. Anthonv Linares (J T F ASSOCIates) arc requestmg a FleXIble Development
approval to penmt a problematiC usc (tattoo and body ptecmg establishment) as a Comprehensive lnfill Redevelopment
Project, under the proVISions of Sec 2-803 C (Proposed Use: Tattoo and body pJercmg establishment) at 432 Poinsettia
Ave., Barbour-Morrow Sub, Blk A, Lot 41 FLD2004-09067
3 KB Investment Holdml!s. Ltd. are rcquestlng a FleXible Development approval to for reductIOn of the Side (east)
setback from 10 ft to 3 ft (to back of curb), d reduction of the west (side) setback from 10 ft to 3 54 ft (to back of curb), a
reductIOn of the rear setback from 20 ft to 3 ft (to dumpster), a reductIOn m the requued parkmg spaces from 77 spaces to
58 spaces under the proVISions of Sec 3-1404 E , and reductIOns to landscape buffers from the reqUired 5 ft to the above
stated sctback distances, as part of a ComprehenSive I nfill Redevelopment ProJ ect, under the provISIons of Sec 2-704 C and
as part of a ComprehenSive Landscape Program, under the prOVISIOn" of Sec 1202 G (Proposed Use. Retml sales and
services and restaurants) at 2660 Gulf to Bav Blvd. J J Muggs Sub, Blk I, Lot I FLD2004-09069
4 City of Clearwater (Clearwater Beach Seafood Co dba Crabby Blil 's) are requesting a FleXible Development approval
to construct an awrung over an eXisting Sidewalk cafe at an eXlstmg restaurant With a reductIOn to the front (north) setback
from 15 ft to zero ft and a reduction to the Side (west) setback from 10 ft to four ft, under the proVISIOns of Sec 2-803 J
(Proposed Use. Awnmg over an eXlstmg sldewaJk cafe at an eXlstmg restaurant) at 37 Causewav Blvd.. Clty Park Sub,
Part of Lots 12 & 13 FLD2004-05041
5 LaBella Vista of Clearwater. LLC IS requestmg (1) a fleXible Development approval to pemut attached dwellmgs With
reductIOns to the front (north) setback from 15 ft to 62ft (to butldmg) and from 15 ft to zero ft (to dumpster stagmg pad),
reductIOns to the ,>Ide (east) setback from 10 ft to 72ft (to bUlldmg) and from 10 ft to five ft (to pool deck), a rcductlon to
the Side (we,>t) setback from 10 ft to 57ft (to buddmg), reductIOns to the rear (south) setback from 20 ft to 115ft (to
bUlldmg) and from 20 ft to zero ft (to pool deck), mcreases to bUlldmg height from 35 ft to 45 75 (to roof deck) wlth an
additional 4 17 ft for parapets (from roof deck) and WIth an additional 1467 ft for a roof top pavilIOn (from roof deck) and
to perrmt parkmg that IS dC'itgned to back mto the public nght-of-way, as part of a ComprehenslVe Infill Redevelopment
Project, under the prOVISlons of Sec 2-803 C (retalmng three extstmg boat docks for sole use by the property owners), and
(2) the Transfer of Development Rights for three uruts from 200 Bnghtwatcr Dnve, under the proVISIOns of Sec 4-1403
(TDR2004-09013) (Proposed Use. EIghteen attached dwellmgs (condommlUm) at 199 - 201 Brll:!htwater Drive,
Bayslde Sub No 2, Lots 24,25, & 26 part of lot 23 & npanan nght~ FLD2004-09071)/TDR2004p09013
6 CRR Develooment n, LLC & FlOrida Clearwater Beach Hotel Co. (Hunter Hotel Company & Mandalay
Investments, LLC) IS rt.questmg (1) a Flexlble Development approval to penmt a maximum of 260 overnight
\'
accommodatIOn umts, 120 attached dwelhngs and 11,000 :'.q ft of retail sales and :'.ervlCe~ as a ffilxed use (wIth Increase In
s densIty of 141 hotel rooms from the Beach by DesIgn densIty pool), With reduetlOn<; to the front (ea:'.t along Mandalay
Avenue) setback (between Baymont and Ambler Street<;) from 15 ft to eIght ft (to bUIldIng) and from 15 ft to zero ft (to
pavement and waterfall feature), a reductIOn to the front (south along Baymont Street) from 15 ft to zero ft (to pavement), a
reduetlOn to the front (north along Amb]er Street) setback from 15 ft to five ft (to bUlldmg), a reduction to the front (east
along Mandalay Avenue) setback (between San Marco and Baymont Streets) from 15 ft to zero ft (to bUlldmg), a reductIOn
to the front (south along San Marco Street) from 15 ft to zero ft (to bUIldIng), a reduction to the SIde (west) setback (Coastal
ConstructIOn Control Lme [CCCL]) from 10ft to zero ft (to bUIldIng and pool deck) and to allow eXlstmg and proposed
Improvements to remam up to 62 ft west of the CCCL, a reduction to the SIde (east and north between San Marco and
Baymont Streets) from 10 ft to four ft (to buildmg), reduct:J.ons to the SIde (east and north, north of Ambler Street) from 10 ft
to one ft (to bmldmg) and from 10ft to one-ft (to pavement), an mcrease to buddmg heIght from 35 ft to 95 ft (to roof deck)
for the proposed ovenught accommodatIOn use (with all addItIOnal 12 - 20 ft for decorat:J.ve mansard architectural
embelhshments), an Increase to bUlldmg heIght from 35 ft to 150 ft (to roof deck) for the proposed resIdential bUlldmg (with
an additional 12 - 18 ft for decorative mansard archItectural embelhshment<;), a reductIon to reqUIred parkmg from 456
spaces to 43] spaces and deViatIOns to allow stacked parkmg and buddmgs WJthm the vIsIbIlIty tnangles, as a
ComprehensIve rntill Redevelopment Project, under the provIsIOns of Sec 2-803 C, and to elnrunate the reqUIred foundatIon
landscapmg along Mandalay Avenue and San Marco Street, as a ComprehensIve Landscape Program, under the proVIsIons
of Sec 3-1202 G, (2) Prelnrunary Plat approval (PLT2004-00016) for three lots, (3) ComprehensIve Sign Program approval,
under the prOVIsIons of Sec 3-1807 (SGN2004-09020) ,and (4) the vacatIOn of Beach Dnve (North Gulf VIew Boulevard)
between San Marco and Baymont Streets (Proposed Use: MIxed use (260 overnIght accommodatIOn umts, 120 attached
dwellmgs and 11,000 sq ft of retall sales and services) at 470 and 500 Mandalav Avenue and 470. 489. 490 and 495
Beach Drive. Clearwater Beach Park Sub, Lots 1-13, 43-56, 65-71, and part of Lot 64, the reVIsed map of Clearwater
Beach Ref>ub, Blk 10 & 11, and Lots 2-15, B]~ 9, and Miller's Replat Lots I & 10 and part of wt 9 FLD2004-
09068/PL T2004-00016/SGN2004-09020 \j\j \N
7 Clearwater Bav Marma. LLC. IS requestIng a FleXIble Development approval to penrut 133 attached dwellmg uruts
and an mcrease m the penmtted heIght from 30 ft to 100 ft (as measured from base flood e]evatlOn and the mean elevatIOn
of the sIte) under the proVISIOns of Sec 2-903 B (Proposed Use 133 attached dwelhng uruts) at 900 North Osceola
Avenue. J A Gorra's Sub, Blk 2, Lots 2&3, part of Lot 1 and VAC NIcholson St, Sue Barco Sub, Lots 13&14, Lot 23, part
of Lot 22, F T Bhsh's Sub, Lots 1-3, Lots 8-10 and tnnglland to West, Sec 09-29-15 & M&B 1401 FLD2004-07053
Interested parnes may appear and be heard at the heanngs or file wntten nonce of approval or objectIOn WIth the Planrung
Dlfector or CIty Clerk poor to the heanngs Any person who deCIdes to appeal any deCISIOn made by the Board, WIth
respect to any matter consIdered at such heanngs, WIll need to request and obtam party status by the Board dunng the case
diSCUSSIOn, a record of the proceedmgs and, for such purpose, may need to ensure that a verbatim record of the proceedIngs
IS made, which record mcludes the te!.tlmony and eVIdence upon which the appeal IS to be based per F]onda Statute
2860]05 Conunuruty Development Code Sec 4-206 states that party &tatus shall be granted by the Board If person requestmg
such demonstrates that slhe IS substantIally affected party status entltles parnes to pet'<;onally testifY, present eVIdence,
argument and WItnesses, cross-exarrnne WItnesses, appeal the declslOn and speak on reconSIderatIOn requests
An oath w1l1 be adrmm<;tered sweanng all partIcIpants m pubhc heanng cases If you WIsh to speak please walt to be
recogmzed, then state and spell your name and proVIde your addre~:'. Persons speakmg bcfore the COB shall be hrruted to
three rrunutes un]e<;s an mdlvJdua] IS representmg a group m which ca'ie the ChaIrperson may authorIze a reasonable amount
of time up to 10 mInutes
FIve days pnor to the meetmg, staff report!. and recommendatIOns on the above request.;; wIll be avaIlable for reVIew by
Interested partIes between the hours of 8 30 a m and 4 30 pm, weekdays, at the CIty of Clearwater, Planrung Department,
lOa S Myrtle Ave, Clearwater, FL 33756 Please contact Frank Gerlock, Development ReView Manager, at 562-4557 to
dISCUS:'. any questtons or concerns about the prOject and/or to better understand the proposal and revIew the sIte plan
Tms notice was sent by the OffiCIal Records and LegIslative ServICes Department, Cynthta E Goudeau, CMC, CIty Clerk
Cyndl Tarapam
Plannmg Department,
CynthIa E Goudeau, CMC
CIty Clerk
CIty ofC1carwater POBox 474R, Clearwater, FL 33758-4748
NOTE Apphcant or reprcsentatlve must bc pre<;ent at the heanng
"
"
I.,
YOU ARE BETNG SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 200 FT OF
THE SUBJECT PROPERTY
A COpy OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS AND LEGISLATIVE
SERVICES DEPT. ANY PIi:RSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN
ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS AND
LEGISLATIVE SERVICES DEPT WITH THEIR REQUEST AT (727) 562-4090.
Ad 11/28/04
P S B CREDIT SERV INC BARRETT, WILLIAM T SAID, NADER
p,O BOX 38 BARRETT, SHEILA M SAID, HALA
PRINSBURG MN 56281 - 0038 11 SAN MARCO ST # 306 11 SAN MARCO ST # 1007
CLEARWATER FL 33767 - 2060 CLEARWATER FL 33767-
STEPHANS, SUSAN PAULL, DENNIS M AJAY ENDEAVORS INC
STEPHANS, DORIS PAULL, DIANE P 12190 CONTEL BLVD
701 TAYLOR ST # 508 10104 RADCLIFFE DR BROOKVILLE FL 34613-
SAN FRANCISCO CA 94108- TAMPA FL 33626 - 2512
3825
CLEARWATER, CITY OF CHAMPAGNE, HELEN L TRE RODWELL, ERlC V
PO BOX 4748 GENDRON, CHARLES P TRE RODWELL, DONNA M
CLEARWATER FL 33758 - 4748 450 BAXTER BLVD 11 SAN MARCO ST # 408
PORTLAND ME 04103- CLEAR WATER FL 33767 - 2060
JANIS, JOHN PECORARO, ERNEST A WARD, MICHAEL S
10300 S LONG AVE PECORARO, NYDIA WARD, GISELLE V
OAK LA WN IL 60453 - 4643 1901 OCEAN AVE 407 S ROYAL PALM WAY
SPRING LAKE NJ 07762 - 1519 TAMPA FL 33609 - 3728
FL CLEARWATER BEACH FLORlDA CLEARWATER MC DERMOTT, JAMES T
HOTEL BEACH DRAPP, SHANNON M
PO BOX 7230 HOTEL CO 11 SAN MARCO ST # 608
DES MOINES IA 50309 -7230 PO BOX 7230 CLEAR WATER FL 33767 - 2061
DES MOINES IA 50309 - 7230
BAIR, TED J C M D HOLDINGS INC MARY G REALTY INC
BAlR, LINDA D PO BOX 25422 490 MANDALA Y AVE
10 PAPAYA ST # 805 S1 PAUL MN 55125 - 0422 CLEARWATER FL 33767 - 2007
CLEARW A TER FL 33767 - 2068
DIORIO, RONALD L CLEARWATER, CITY OF P S B CREDIT SERV INC
DIORIO, SANDRA R PO BOX 4748 PO BOX 38
10 PAPAYA ST #402 CLEARWATER FL 33758 - 4748 PRINSBURG MN 56281 - 0038
CLEAR WATER FL 33767 -
WEST FINANCIAL CORP ZILISCH, BARBARA L TRE GIANNAS, SPIRO P
C/O FORLINI, DOMENIC 11 SAN MARCO ST # 708 GIANNAS, ST A THIA P
808 MANDALA Y AVE CLEARWATER FL 33767 - 2061 25745 SANTOS WAY
CLEARWATER FL 33767 - 1324 WESLEY CHAPEL FL 33544 -
5513
P S B CREDIT SERV INC P S B CREDIT SERV INC HAYDON, CHARLES R
PO BOX 38 PO BOX 38 2417 MAYFAIR RD
PRINSBURG MN 56281 - 0038 PRINSBURG MN 56281 - 0038 TALLAHASSEE FL 32303-
PARADES, ANTONIO M
10 PAPAYA ST # 903
CLEARWATER FL 33767 - 2055
BEHESHTI, ALl
BEHESHTI, TARANEH
11 SAN MARCO S1 # 1402
CLEARWATER FL 33767 - 2075
DORSCH, DANIEL J
DORSCH, CYNTHIA P
6326 MACLAUREN DR
TAMPA FL 33647 -116~J
COX, THOMAS D
COX, SHARON K
848 POINT SEASIDE DR # 706
CLEARWATER FL 33767 -
PERTILE, RICHARD K
PERTILE, DEBORAH J
1137 MARINA DR
TARPON SPRINGS FL 34689 -
6713
MBC
324 MAIN ST # 505
DAVENPORT IA 52801 - 1418
CaSTAWAY
15 HEATHWAY
BARRINGTON lL 60010 - 9513
URINO, MARIE V TRE
466 EAST SHORE DR
CLEARWATER FL 33767 - 2031
KERN, DAVID J
1320 SUMMERLAND AVE
WINTERPARK FL 32789 - 1442
RE, C JOHN
PULLARA, JOSEPH A
427 LOCH DEVON DR
LUTZ FL 33548 - 4282
SOBOTKA, JOSEPH J
SOBOTKA, SYLVIA R
52 THOROUGHBRED DR
HOLLAND PA 18966 - 2570
HUNTER HOTEL CO
PO BOX 7230
DES MOINES IA 50309 - 7230
BELLE HARBOR
2201 4TH S1 N STE 200
ST PETERSBURG FL 33704 - 4300
MANDALAY BEACH CLUB CONDO
ASSN
cia MANDALA Y BEACH CLUB LTD
220] 4TH ST N # 200
ST PETERSBURG FL 33704 - 4300
TAYLOR, JOHN S III
CIO CLEARW A TER-SURFSIDE
TR
400 MANDALA Y AVE
CLEARWATER FL 33767 - 2011
KUIJTEN, JOHN P TRE
11 SAN MARCO ST # 1103
CLEARWATER FL 33767 - 2069
BONI, JOAN P
19 ROCKAWAY ST#4
CLEARWATER FL 33767 - 1739
MAROTTOLI, ANTHONY
10 PAPAYA ST # 306
CLEARWATER FL 33767 - 2040
BaRRECA, JOHN P
BORRECA, FRANCINE K
5405 SUNFLARE WAY
LUTZ FL 33558 - 9020
HEILMANS RESTAURANTS TNC
447 MANDALAY AVE
CLEARWATER FL 33767 - 2013
MANION, JOSEPH
MANION, JANINE M
11 SAN MARCO ST # 1108
CLEARWATERFL 33767 - 2069
GELEP, HELEN A EST
CIO GELEP, PAUL A PR
2020 BA YSHORE DR
BELLEAIR BEACH FL 33786-
3425
KIEFFER, ALAN L
KlEFFER, NELLI L
11 SAN MARCO ST # 307
CLEARWATER FL 33767 - 2060
ECKALL INV CO
8155 ELBOW LN N
ST PETERSBURG FL 33710 - 4325
KAIZER, JEFFREY R
KAlZER, LISA B
3303 LEGAL CREST DR
LONG WOOD FL 32779 -
KOTCHMAN, CASEY J TRE
II SAN MARCO ST # 1206
CLEARWATER FL 33767-
HUNTER HOTEL CO
PO BOX 7230
DES MOINES IA 50309 - 7230
FLORIDA CLEARWATER
BEACH
HOTEL CO
PO BOX 7230
DES MOINES IA 50309 - 7230
GREEN, RICHARD JR
GREEN, KAREN M
110 SAN MARCO 8T # 1101
CLEARWATER FL 33 767 ~,
CLEARWATER, CITY OF
PO BOX 4748
CLEARWATER FL 33758 - 4748
J E C FUNDING lNC
c/o JACK ECKERD CORP
TAX DEPT
PO BOX 4689
CLEARWATER FL 33758 - 4689
FISHER, PAMELA
FISHER, NELSON J
817 BUNKERVIEW DR
APOLLO BEACH FL 33572 - 2812
HOLIDAY, JAMES A SR
HOLIDAY, ELEANOR L
11 SAN MARCO 8T # 1204
CLEARWATER FL 33767 - 2075
JOHNSON, GEORGE A POWELL, BARBARA J TEMA INVESTMENTS
JOHNSON, AMPRO 5401 BA YSHORE BLVD # P 3135 SW 3RD AVE
10 PAPAYA ST # 401 TAMPA FL 33611 - 4137 MIAMI FL 33129 - 2711
CLEARWATER FL 33767 -
FORLINI, DOMENICO G DORNER, SEBASTIAN BOULTON, CARLOS A
FORLINI, FULVIA DORNER, ELIZABETH BOULTON, ANN-MARIE
808 MANDALAY AVE 7081 W TOUHY # 601 15 KELL YS TRL
CLEARWATER FL 33767 - 1324 NILES IL 60714 - 5311 OLDSMAR FL 34677 - 1919
AXEL, JONATHAN P TRE COLLETTE, JAMES A ROTH, ELIZABETH W
AXEL, CORAL S TRE DE PASQUALE, LINDA M 8826 NAUTILUS DR
5201 LAUREL POINT RD 10 PAPAYA ST # 806 T AMP A FL 33635 - 1339
V ALRICO FL 33594 - 8280 CLEARWATERFL 33767 - 2068
KOV ACS, VIOLET C HUNTER HOTEL CO MOUUS, JAMES M
23 ROCKAWAY S1 PO BOX 7230 MOUUS, SUSAN B
CLEAR WATER FL 33767 - 1739 DES MOINES IA 50309 ~ 7230 3302 ROCKY BEACH RD
MC HENRY IL 60051 - 9669
YOFAN, JACQUELINE D CARACO, JOSEPH POTTER, PASCHOALENA
YOFAN, A VI IOCOLANO, FRANCO 463 EAST SHORE DR
10 PAPAYA ST # 1202 800 S KEENE RD CLEARWATER FL 33767 - 2033
CLEARWATER FL 33767 - 2056 CLEARWATER FL 33756 - 4630
SCHAEFER, RANDY TRE BAUER, CHARLES L BRANDENBURGH, JOAN TRE
3225 S MACDILL AVE # 268 BAUER, JANET W 37 BAYMONT ST
TAMPA FL 33629 - 8171 11 SAN MARCO ST # 1005 CLEARWATERFL33767-1704
CLEAR WATER FL 33767 - 2062
GELEP, HELEN A EST KNOWLTON, JOHN P TRE JOHNSON, ROBERT
CIO GELEP, PAUL A PR KNOWLTON, CATHIE L TRE 10 PAPAYA ST # 603
2020 BA YSHORE DR W180N8217 DESTINY DR CLEARWATER FL 33767 - 2040
BELLEAIR BEACH FL 33786- MENOMONEE FALLS WI 53051 -
3425 3503
HYDUK, RANDY GRUBER, CRAIG M BROWN, SHERMAN D
HYDUK, APRIL 11 SAN MARCO ST # 602 BROWN, ANDREA D
20539 COUNTRYSIDE DR CLEARWATER FL 33767 - 2060 11 SAN MARCO ST # 705
MACOMB MI 48044 - 3589 CLEARW A TER FL 33767 - 2061
GRUBER, CRAIG M PIMENIDIS, JOHN H LA TCH, LLOYD E TRE
11 SAN MARCO ST # 602 PIMENIDIS, CHRISTINA LATCH, CONSTANCE A TRE
CLEARWATER FL 33767 - 2060 1651 SAND KEY ESTATES CT # 43 CLOUD VIEW RD
11 SAUSALITO CA 94965 -
CLEARWATER FL 33767 - 2933
LA SAL MOTEL CONDO ASSN MANDALA Y BEACH CLUB L TD WELLS, DARCY L
PO BOX 1054 2201 4TH ST N STE 200 NALEY, STEVE W
DUNEDIN FL 34697 - 1054 ST PETERSBURG FL 33704 - 4300 705 BAY ESPLANADE AVE
CLEARW ATER FL 33767 - 1409
CASO,RONALD VJTOLA, JOHN R W ANDACHOWICZ, BOGDAN
CASO, BERNADETTE VITOLA, GEORGINE A 10 PAPAYA ST # 1001
3 SUTPHIN AVE 218 S BROAD ST CLEARWATER FL 33767 - 2055
MATAWAN NJ 07747 - 3315 BROOKSVILLE FL 34601 - 2832
SIKA, STEPHEN MOMESSO, NORELLA N SMITH, PETER C
HALLERAN, EDWARD M 10 JONQUILLE SMITH, SABRINA S
1005 VICTORIA DR KIRKLAND QC H9H 5A3 00030- lO PAPAYA ST # 505
DUNEDIN FL 34698 - CANADA CLEARWATER FL 33767 - 2040
MOLLER, ANDREW K FORLINI, DOMENIC PERNICE, SALVATORE J
12175 OXBOW DR FORLINI, FULVIA PERNICE, BARBARA F
EDEN PRAIRIE MN 55347 - 4261 808 MANDALA Y AVE 3 N 614 CENTRAL CT
CLEARWATER FL 33767 - 1324 ADDISON IL 60101 - 3052
SMITH, DONALD F TRE LYLE, JOHN F HARVEY, JAMES C TRE
SMITH, MARY H TRE LYLE, NANCY S 1180 GULF BLVD # 2106
11 SAN MARCO ST # 1506 C/O MC MURRY & CO CLEARWATER FL 33767 - 2774
CLEARWATER FL 33767- 408 N SHORE DR
KNOXVILLE TN 37919-
GELEP, MARY H MORRIS, MARY J TOUCHTON, WALTER W TRE
GELEP, PAUL A 21 MCCALL RD TOUCHTON, JO ANN H TRE
2020 BA YSHORE DR WINCHESTER MA 01890 - 10 PAPAYA ST # 702
BELLEAlR BEACH FL 33786- CLEAR WATER FL 33767 - 2054
3425
P S B CREDIT SERV INC DER VECH, ALEXANDER TRE SMITH, MERLE W
PO BOX 38 MANDALA Y TRUST SMITH, DIANA T
PRINSBURG MN 56281 - 0038 1907 ORO CT 11 SAN MARCO ST # 1201
CLEARWATER FL 33764 - 6645 CLEARWATERFL 33767 - 2069
JOPPERT, MARCOS CRYSTAL CLEAR ENGEBRETSEN, ARDEN B
SNODGRASS, SUSAN M ENTERPRISES ENGEBRETSEN, ELEANORE A
10114 RADCLIFFE DR BOSQUE DE REFORMA # 831 1170 GULF BLVD # 2206
TAMPA FL 33626 - 2512 DOSQUES DE LAS LOMAS CLEARWATER FL 33767 - 2787
MEXICO CITY 00002-
- --- -- ~ -
CHRISTOLfNI, CHARLES JR GILBERT, DONNA J DA VIS, DEXTER C
CHRlSTOLINI, DARLENE E GILBERT, HAROLD E ALEXANDER-DAVIS, LISA
1759 MOREY RD lOP AP A Y A ST # 705 5806 GALLEON WAY
SHELDON VT 05483 - 8343 CLEAR WATER FL 33767 - 2068 TAMPA FL 33615 - 3634
BAUER,CHARLESLPROPLTD COLLINS, WALTER W GIBSON, PAUL F
6lO6 WADE ST 9813 COMPASS POINT WAY 11 SAN MARCO ST # 302
LEESBURG FL 34748 - 8099 TAMPAFL33615 -4218 CLEARWATER FL 33767 - 2060
PILATO, SAM A
PILA TO, T ALMA
3257 NICKS PL
CLEARWATER FL 33761 -
IYER, VENKlT S
IYER, LAKSHMI V
3469 SHORELINE eIR
PALM HARBOR FL 34684 - 1727
ROSCOE, GREGORY J
ROSCOE, LINDA L
871 BEAVER DR
DUBOIS PA 15801 - 2434
HANNA, ASHRAF F SMITH, MERLE W FERNANDEZ, ROBERT TRE
HANNA, MIRANDA Z SMITH, DIANA T FERNANDEZ, MARILYN TRE
3509 SHORELINE CIR 11 SAN MARCO ST # 1201 l605-B N MACDILL AVE
PALM HARBORFL 34684 - 1727 CLEARW ATER FL 33767 - 2069 TAMPA FL 33607 - 3219
CLEARW A TER, CITY OF KEIR, LEONARD V AN BERKEL, ANTONIUS P
PO BOX 4748 KErR, BERNTRUD TRE
CLEARWATER FL 33758 - 4748 II SAN MARCO ST # 1605 V AN BERKEL, MARlA H TRE
CLEARWATER FL 33767 - 2076 1560 GULF BLVD # 1504
CLEARWATER FL 33767 - 2984
LORDEN, HEIDI M TRE DENTICE, JOSEPH F TRE OLIVER, ROBERT
PO BOX 651 DENTICE, ELLEN L TRE OLIVER, CHARLOTTE B
TOWNSEND MA 01469 - 0651 30413 CRYSTAL SPRINGS DR 2982 CASTLE WOODS LN
PEWAUKEE WI 53072- CLEARWATER FL 33759 - 1810
NUCCI FAMILY LTD PTNSP CHRISTOPHER, TODD C F AGUE, SCOTT B
602 GUISANDO DE A VILA CHRISTOPHER, WANDA ROBERTS, GERALD D
TAMPA FL 33613 - 5201 11 SAN MARCO ST # 1505 100 I DEVELOPMENT DR
CLEARWATER FL 33767 - 2075 TIPTON IN 46072 -
LOCKETT, THERESA GRIECO, DANIEL J II CHALA VARY A, GOP AL
11 SAN MARCO ST # 1003 GRIECO, DIANE Y CHALAVARYA, SADHNA
CLEARW A TER FL 33767 - 2062 10 PAPAYA 8T # 404 1510 JASMINE AVE
CLEAR WATER FL 33767 - 2040 TARPON SPRINGS FL 34689-
5242
ANGELOCCI, RANDY PRESTON, MICHAEL G TRE KAESTNER, JOHN T
CROSSLAND, RICHARD 419 E SHORE DR KAESTNER, JOANN M
10 PAPAYA ST # 1106 CLEARWATER FL 33767 - 2028 777 CARMAN MEADOWS DR
CLEARWATER FL 33767- BALLWIN MO 63021 -7174
SAND KEY CONSULTING CO MC LAY, DAVID TRE PODGURSKI, MICHAEL A
180 DINAH RD PO BOX 7153 PODGURSKI, LINDA G
MEDTNAH IL 60157- CLEARWATERFL 33758 -7153 1125 W POWDERHORN RD
MACHANICSBURG PA 17050-
2007
KLEINBERG, MILTON M PAPPAS, PETER C SZAREK, LENARD
KLEINBERG, MARSHA A 225 ROBINSON ST # 540 SZAREK, CHRISTINE
6034 COUNTRY CLUB OAKS PL ORLANDO FL 32801 - 4321 907 ROLLING LN
OMAHA NE 68152 - 2009 JOHNSBURG IL 60050 - 9676
DAY, WILLIAM A TrRE RUKAVINA, JAMES AUGUSTINE, RICHARD J
1968 LAKEVIEW AVE RUKAVINA, DIANNE 999 PLAZA DR STE 111
DRACUT MA 01826 - 3210 BOX 6448 SCHAUMBERG IL 60173 - 5403
EDSON AB T7E 118 00030-
CANADA
MAJEWSKI, DENISE M TRE MARCO, SAN TRUST TURLEY, STEW ART
SCHNEIDER, CHRISTINE J 2028 PALMER DR TURLEY, LINDA A
43 LAKE ADAL YN DR S NAPERVILLE IL 60564 - 5664 10 PAPAYA 8T # \504
SOUTH BARRINGTON IL 60010- CLEARWATER FL 33767 - 2057
9542
EGAN, LYNNE A FERNANDEZ, ROBERT TRE YOFAN, AVI
10 PAPAYA 5T # 1604 FERNANDEZ, MARILYN IRE YOFAN, JACQUELINE D
CLEARWATER FL 33767 - 2057 1605-B N MACDILL AVE lOP AP A Y A 5T # 604
TAMPA FL 33607 - 3219 CLEARW A TER FL 33767 - 2040
MELILLO, RONALD M FOX, TRICIA MANOLAKIS, STEVE
MELILLO, IRIS 25 E SUPERIOR 8T #3802 MANOLAKlS, JOANNE
772 SAMANTHA DR CHICAGO IL 60611 - 2112 11 SAN MARCO ST # 1006
PALM HARBOR FL 34683 - 6200 CLEAR WATER FL 33767 - 2062
GAREL-JONES, PHILIP TRE YEAROUT, JANE COMPTON, HAROLD F SR
GAREL-JONES, BEATA TRE YEAROUT, JAMES COMPTON, VICKI L
I STEPHANIE AVE 806 NARCISSUS 5712 SANDALWOOD DR
OTTAWA ON K2E 7A8 00030- CLEARWATER BCH FL 33767- PLANO TX 75093 - 2912
CANADA 1334
PIMENIDlS, JOHN H MUSICK, GREGORY J HEILMAN FAMILY LTD
PIMENIDIS, CHRISTINA 400 BUTTONWOOD LN PTNSHP
C/O KOLl-BREE MOTEL LARGO FL 33770 - 4046 941 BAY ESPLANADE
440 EAST SHORE DR CLEARWATER FL 33767 - 1002
CLEARWATER FL 33767 - 2031
SILVESTER, MARK R D'AMORE, EUGENE R NOYOGRATZ, JOSEPH
SILVESTER, AMANDA A 11 SAN MARCO 8T # 607 7667 EQUITABLE DR
THE OAST STUNTS GREEN CLEARWATER FL 33767 - 2061 EDEN PRARIE MN 55344 - 3696
HERSTMONCEUX
EAST ESSEX BN274PN 00000-
GREAT BRlTAIN
CLEARWATER REAL ESTATE DERYECH,ALEXANDERTRE KOVACS, VIOLET K
HLDG8 MANDAL Y LAND TRUST 23 ROCKAWAY ST
PO BOX 14184 1907 ORO CT CLEARWATER FL 33767 - 1739
TAMPA FL 33690 - 4184 CLEARWATER FL 33764 - 6645
MURRAY, SUSAN L MANDALA Y 802 ANDERSEN, LARRY E
902 ANCHORAGE RD PO BOX 120 2156 BASSWOOD DR
TAMPA FL 33602 - 5754 BLOOMINGDALE IL 60108 - 0120 LAFAYETTE HILL P A 19444-
2328
HILL, ANNE M TRE BURGESS, PATRICIA M 222 E 13TH STREET CORP
2510 S DUNDEE ST GRIMM, THOMAS L 44 EILEEN AVE
TAMPA FL 33629 - 6411 10225 60TH A YB PLAINVIEW NY 11803 . 5203
MERRILL WI 54452 - 7745
PRESTON, MICHAEL G TRE MUDD, JAMES A B J E INC
419 E SHORE DR MUDD, CECELIA K 630 S GULFYlEW BLVD
CLEARWATER FL 33767 - 2028 c/o BURGER, TOM CLEAR WATER FL 33767 - 2642
6919 CHANCELLOR DR
CEDAR FALLS fA 50613 - 6956
HEILMANS RESTAURANTS INC HALL, DONALD R CRUDELE, MICHAEL J
447 MANDALAY AVE 1195 SKYE LN CRUDELE, SHIELA M
CLEARWATER FL 33767 - 2013 PALM HARBOR FL 34683 - 1460 1516 FOX HILL PL
V ALRlCO FL 33594 - 4021
NOVOGRA TZ, JOSEPH F MOHR, GREGORY A YOFAN, A VI
7667 EQUITABLE DR MOHR, KATHLEEN L YOF AN, JACQUELINE D
EDENPRAIRIE MN 55344 - 3696 3251 BIRCHWOOD CT 1520 GULF BLVD # 1801
PALM HARBOR FL 34683 - 2111 CLEARWATER FL 33767 - 2957
CLEARWATER, CITY OF PRESTON, MICHAEL G TRE NELSON, BARBARA A TRE
PO BOX 4748 419 E SHORE DR NELSON, GERALD R TRE
CLEARWATER FL 33758 - 4748 CLEARWATER FL 33767 - 2028 3705 OAKTON RIDGE
HOPKINS MN 55305 - 4442
REINHARDT, MARK ELSAKR, ASHRAF HARTMAN, DOLORES M TRE
REINHARDT, CONNIE K ELSAKR, MONA UTA 3-30-82
N3080 MEADE ST 808 SMOKERISE BLVD 1850 SAN MATEO DR
APPLETON WI 54913 - PORT ORANGE FL 32127 - 7783 DUNEDIN FL 34698 - 3719
MANDALA Y INVESTMENTS NELnNOLFPARTNERS GREENBERG, ROBYN B
2201 4TH ST N STE 200 C/O MASICK, KENNETH 1306 PRESER V A TION WAY
ST PETERSBURG FL 33704 - 4300 2100 CLEARWATER DR OLDSMAR FL 34677 - 4824
OAK BROOK IL 60523 - 1927
SAMPSON, THOMAS A STENBERG, ANDREW BIENSTOCK, JOSEPH S
SAMPSON, CAROLYN L 10 PAPAYA ST # 301 BIENSTOCK, PHYLLIS
16461 ROCKY POINT LN CLEARWATER FL 33767 - 2040 10 PAPAYA ST # 701
MORRISON CO 80465 - 2166 CLEARWATER FL 33767 - 2054
J & M PROP APOLLO BEACH MANDALA Y BEACH CLUB L TD KER, G CAMERON
907 BUNKER VIEW DR 2201 4TH ST N # 200 KER, LISA A
APOLLO BEACH FL 33572 - 2813 ST PETERSBURG FL 33704 - 4300 2426 BUTTERNUT CT
DUNEDIN FL 34698 - 2252
BARYLAK, EDWARD J PAPAYA TRUST ALIDINA, ARIF A
BARYLAK, CHRYSTINA 2028 PALMER DR ALIDINA, NOORA
3132 BRANCH RIVER RD NAPERVILLE IL 60564 - 5664 11 SAN MARCO ST # 807
MANITOWOC WI 54220 - 8717 CLEARWATER FL 33767 - 2062
SOTEREANOS,STELLA TSANGARIS, WILMA B J E C FUNDING INC
SOTEREANOS, STACEY TSANGARIS, NICHOLAS C/O JACK ECKERD CORP
307 S DITHRIDGE # 808 11 SAN MARCO ST # 1606 TAX DEPT
PITTSBURGH PA 15213 - 3519 CLEARWATER FL 33767 - 2076 PO BOX 4689
CLEARW A TER FL 33758 - 4689
LA BELLE ELECTRIC INC DOWNS, JANE CHRISTOPHER, WILLIAM M
24546 21 MILE RD 46 JONATHAN DR CHRISTOPHER, SHEILA M
MACOMB MI 48042 - 5111 NEW ULM MN 56073 - 3343 PO BOX 965
BURNSIDE KY 42519 - 0965
KELLY, THOMAS L TRE PITTMAN, C CHRISTOPHER SP ARKS, SUSAN M
KELLY, KATHLEEN F TRE PITTMAN, KAREN G 11 SANMARCO ST N # 1105
11 SAN MARCO ST # 401 1099 SHTPWATCH CIR CLEARWATER FL 33767 - 2069
CLEARWATER FL 33767 - 2060 TAMP A FL 33602 - 5736
'/
ZAMANI, SAM S PRESTON, MICHAEL G TRE SOBEL, KATHY
FEIZIPOUR, MAHVASH 419 E SHORE DR 2997 KENSINGTON TRCE
1957 LOGAN MANOR DR CLEARW A TER FL 33767 - 2028 TARPON SPRINGS FL 34688 -
RESTON V A 20190 - 3276 8457
NORUS, KEVIN EPSTEIN, JOEL OZYURT, GUNES E
11816 MARBLEHEAD DR FREEDMAN, GARRY N OZYURT, PATRICIA A
TAMPA FL 33626- 40 DEERP A TH CT 11 SAN MARCO ST # 905
OLDSMAR FL 34677 - 2054 CLEARWATER FL 33767-
MENKE DEV ROSSDALE MGMT INC FLORIN, WOLFGANG M
537 E PETE ROSE WAY STE 400 I STEPHANIE AVE ORA Y, CHRISTOPHER
CINCINNATI OH 45202- OTTAWA ON K2E 7A8 00030- 1883 LEXINGTON PL
CANADA TARPON SPRINGS FL 34688 -
4965
YEAROUT, JANE R KOENIG, NORBERT DELETIOGLU, ISMET
YEAROUT, JANET A KOENIG, BRUNHILDE 2581 1/2 N CLARK ST
806 NARCISSUS 44 EILEEN AVE CHICAGO lL 60614 - 1717
CLEARWATER BCH FL 33767- PLAINVIEW NY 11803 - 5203
1334
KARANA, ELLIOT S FLORIDA CLEARWATER MALACHOWSKI, JERRY
KAHANA, LOUISE BEACH MALACHOWSKI, DOROTHY
11 SAN MARCO ST # 603 HOTEL CO 1426 S EMAR CT
CLEAR WATER FL 33767 - 2060 PO BOX 7230 MOUNT PROSPECT IL 60056 -
DES MOINES IA 50309 - 7230 2984
E D Armstrong III, Esq Clearwater Beach ASSOCiation Clearwater NeIghborhoods CoahtlOn
Johnson, Pope, Bokor, Ruppel & Bums, DaVid MacNamee Doug Wllilams, PreSIdent
LLP 827 Mandalay Ave 2544 Fnsco Dnve
POBox 1368
Clearwater, FL 33757 Clearwater, FL 33767 Clearwater, FL 33761
500 Mandalay Ave
FLD2004-09068
~ t]l .,
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POSED
LOPMENT
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RECEIVED
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by
JMC Communities
Resubmitted
November 18,2004
NOV 1 9 200~
PLANNING DEPARTMENT
CITY Of- CLtAr<WATER
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Sand pearl
Resort, Residences, Spa & Beach Club
;" I' -
j.~'~~~
The name Sandpearl suggests white sands
and the experience of finding a treasure on
the beach. Sandpearl perfectly expresses
"casual elegance" and reflects luxury,
quality and the influence nature will have at
the resort.
"Welcome to the 5andpearl Resort on
Clearwater 5each..."
"The 5andpearl Residences on
Clearwater 5each offer all the
"Over the ages and throughout numerous
cultures, pearls have captured the imagination
of kings, poets, movie stars, scientists and all
admirers of the beauty and variety of the natural
world. "
Ellen V. Futter, President of the American Museum of Natural History
"Pearls tells a fascinating story ... Unlike other
gems, pearls are produced by living animals,
and they are fully fanned and complete when
found. "
Neil H. Landman, Curator, Division of Paleontology, American Museum
of Natural History
The pearl is loved and valued as a symbol of purity, happiness and luck the world
over. High quality pearls are becoming yet more rare and valuable, and the
demand for pearls of truly high quality is increasing.
.
,
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TABLE OF CONTENTS
PROPOSED REDEVELOPMENT
IN THE
CITY OF CLEARWATER
by
JMC Communities
Resubmitted
November 18, 2004
I. REDEVELOPMENT AREA
A. Area Location Map
B. Site Location Map
II. PROGRAM
A. Overview of Proposed Redevelopment
B. Landscape Site Plan
C. Mandalay A venue Elevation
D. Beachside Rendering
III. REDEVELOPMENT PARCELS
A. Phase Map
B. Controlled Acreage
C. Allowable Density
D. Density Table
E. Allowable Building Separation
IV. DEVELOPMENT AGREEMENT
V. PROOF OF OWNERSHIP
VI. TRAFFIC IMPACT STUDY
VII. PARKING DEMAND STUDY
VIII. DEVELOPER 's QUALIFICATIONS
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AREA LOCATION MAp
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SITE LOCATION MAP
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PROGRAM
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OVERVIEW OF PROPOSED REDEVELOPMENT
Developer proposes to redevelop the Project Site with a resort development to include related
amenities, pedestrian walkways, streets, parking and infrastructure improvements. The
Project shall include a nine-story resort hotel with not less than 240 rooms and not more than
260 rooms (the Hotel Phase): a fifteen-story condominium, and a four-story condominium
with a combined total of not more than 120 dwelling units: and not more than 11,000 square
feet of on-grade retail (the Residential Tower Phase and the Residential/ Retail Phase).
The Hotel Phase will include approximately 50 for sale condominium-hotel suites located on
the top two floors, which are included in the overall room count as described above. The
Hotel Phase will also include a minimum of 10,000 square feet of meeting space, as well as
over 11,000 square feet for Spa, Health Club, and Beach Club. In addition, the Hotel Phase
will include a full service restaurant, lounge, two swimming pools, pool grill, and other
amenities associated with a beachfront resort. The building height for the Hotel Phase will
not exceed 100 feet.
The Residential Tower and Residential/ Retail Phases include one fifteen-story building with
a height not to exceed 150 feet, and one four-story building with a height not to exceed 50
feet. The retail will be located on the ground level of the four-story building. These Phases
will not exceed 120 dwelling units and 11,000 square feet of retail space.
As provided for in this Agreement, Developer, and/or its affiliates, will carry out the
redevelopment of the Project Site by purchasing all of the land within the Project Site, pre-
paring project plans and specifications, obtaining approvals by governmental authorities
necessary for development of the Project, constructing various private improvements on the
Project Site, and developing the Project as a unified and integrated project.
09/29/04
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REDEVELOPMENT
PARCELS
Revised November i8, 2004
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PHASE MAP
ROCKAWAY 51
~ BEACH
0 j
(.)
B j
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* TO BE VACATED
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~ BEACH
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CONTROLLED ACREAGE
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ROCKAWAY Sf
~
~
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~
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*TO BE VACATED
DEVELOPER CONTROLLED PROPERlY:
HOTEL PARCEL 36 ACRES MOL
BEACH. 3 8 ACRES MOL
RESIDENTIAL & RETAIL PARCELS' 24 ACRES MOL
TOTAL: 9 B ACRES MOL
NOTE BEACH DRIVE VMTlON ACCOUNTS FOR 4 PER CENT
- ( 4 ACRES) OF CONTROLLED PROERlY
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ALLOWABLE DENSIlY
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LL
ROCKAWAY ST
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.-- - ------- -- ------ ----- ----- ----~-- ------ '~01if!:r
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ALLOWABLE DENSITY
HOTEL PARCEL
RESIDENTIAL & RETAIL PARCELS
137 HOTEL UNITS PER TERMINATION OF NON-CONFORMING STATUS AS TO DENSITY
120 DWEWNG UNITS ALLOWED
2.4 ACRES x 30 DWEWNG UNITS/ACRE ==
72 DWEWNG UNITS + AN ADDmONAL
48 DWElliNG UNITS PER ALLOCATION OF
GRAY SEITLEMENT AGREEMENT
.N.QIE. THE "GRAY SEITLEMENT" ALLOWED FOR A TOTAL OF 232 HOTEL ROOMS TO BE PROPORTIONALLY
ALLOCATED TO LOTS 6-28 OF THE CLEARWATER BEACH PARK SUBDMSION
CONVERTED TO RESIDENTIAL DWElliNG UNITS AT THE 3.4 RATIO EQUATES TO 174 DWEWNG UNITS
LOTS 14-26 (SOUTH OF SAN MARCO Sf) RECEIVED 112 DWEWNG UNITS FOR "THE MANDALAY
BEACH CLUB~ DEVELOPMENT, LEAVING 62 DWEWNG UNITS FOR LOTS 6-13 (NORTH OF SAN MARCO
Sf) THIS IS 4B MORE DWEWNG UNITS THAN CURRENT ZONING AT 30 UNITS PER ACRE WOULD ALLOW FOR LOTS
6-13 THUS, THE ~GRAY SETTLEMENT~ PROVIDED AN ADDmONAL 48 UNITS FOR LOTS 6-13
REV 11-18-04
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DENSITY TABLE
Note Any unused hotel densIty pool umts wIll be returned to the City'~ Dem~lty Pool as
descnbed III Beach By DesIgn
Requested Allowable Difference
ResIdential Dwellmg Umts 120 (max) 1200 0
Hotel Umts 260 (max) 126@ 134
(} 11 11 0
11,000 sf of RetaIl
(converted from FAR to
eqUIvalent hotel umts)
AddItIonal Hotel Umts 7 0 Z
(contmgency)
Total Density Pool Hotel Units Requested: ill
o 120 dwellmg uruts allowed
24 acres x 30 dwellmg umts per acre = 72 dwellmg umts + an addItIonal
48 dwellmg umts per allocatIOn of Gray Settlement agreement The "Gray
Settlement" allowed for a total of 232 hotel rooms to be proportionally allocated
to Lots 6028 of the Clearwater Beach Park SubdivIsion Converted to
resIdentml dwellmg umts at the 3 4 ratio equates to 174 dwelling umts Lot,; 14-
48 (south of San Marco Street) received 112 dwellmg umts for the "Mandalay
Beach Club" development, leavmg 62 dwelhng umts for Lots 6 - 13 (north of
San Marco Street) This IS 48 more dwellmg umts than current zomng at 30 umt~
per acre would allow for Lots 6 - 13 Thus, the "Gray Settlement" provided an
addltlOnal48 dwellIng umts for Lots 6 - 13
@ 126 hotel umts allowed
137 hotel umts per terrrnnatIon of non conformmg status as to densl ty less
11 umts converted to retaIl
e FAR Commercial ConversIOn to Hotel Dmts 11,000 sf of retail/ 43,560 sf per acre x 40
hotel umts per acre = 10 I, use 11 hotel umts
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I REV. 11-18-04
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DEVELOPMENT
AGREEMENT
Revised November 18,2004
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DEVELOPMENT AGREEMENT FOR
PROPERTY
IN THE
CITY OF CLEARWATER
between
THE CITY OF CLEARWATER, FLORIDA
and
CBR DEVELOPMENT I, LLC AND
CBR DEVELOPMENT II, LLC
Dated as of
,2004
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TABLE OF CONTENTS
ARTICLE 1. DEFINITIONS
2
Section 1 01 Definitions
Section 1 02 Use of Words and Phrases
Section 1 03 Flonda Statutes
2
4
4
ARTICLE 2 PURPOSEAND DESCRIPTION OF PROJECT
4
Section 2 01 Finding of Public Purpose and Benefit
Section 2 02 Purpose of Agreement
Section 2 03 Scope of the Project
Section 2 04 Cooperation of the Parties
4
4
4
6
ARTICLE 3. REGULATORY PROCESS
6
Section 301 Land Development Regulations
Section 3 02 Development Approvals and Permits
Section 3 03 Concurrency
6
7
8
ARTICLE 4. PLANS AND SPECIFICATIONS
8
Section 401 Plans and Specifications
8
ARTICLE 5. PROJECT DEVELOPMENT
9
Section 501 Ownership of Project Site
Section 5 02 Project Site
Section 5 03 Obligations of the City
Section 5 04 ObligatIons of the Developer
9
9
9
11
ARTICLE 6. PROJECT FINANCING
12
Section 6 01 Notice of Project Financing to City
Section 6 02 Copy of Default Notice to City
Section 6 03 Intentionally Omitted
Section 6 04 Assignment of Rights Under Agreement to Project Lender
Section 6 05 Notice to Project Lender
Section 6 06 Consent of Project Lender
Section 607 Estoppel Certificates
Section 6 08 Cooperation
Section 6 09 Reinstatement by Project Lender
Section 6 10 New Agreement
Section 6 11 Transfer of New Agreement
Section 6 12 SurvIval
12
12
12
13
13
13
13
13
13
13
14
14
Development Agreement
Page II
F 'jmo'IUJ",Of'Cly 00",10""'.", Agt 12 wlh .",. <Ioc
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ARTICLE 7. CONSTRUCTION OF PROJECT
14
Section 7 01 Project Site
Section 7 02 ConstructIon of the Project
Section 7 03 City not In PriVity
Section 7 04 Construction Sequencing and Staging Area
14
14
17
17
ARTICLE 8. INDEMNIFICATION
17
Section 801 Indemnification by the Developer
SectIon 8 02 Indemmficatlon by the City
Section 8 03 limitatIon of Indemmficatlon
17
18
18
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF
THE DEVELOPER
19
Section 9 01 Representations and Warranties
Section 9 02 Covenants
19
20
ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF
THE CITY
21
Section 10 01 Representations and Warranties
Section 10 02 Covenants
21
22
ARTICLE 11. CONDITIONS PRECEDENT
23
Section 11 01 The Developer AcqUiring Project SIte
Section 11 02 Construction of Project
Section 11 03 Responsibilities of the Parties for Conditions Precedent
23
23
23
ARTICLE 12 DEFAULT; TERMINATION
24
Section 1201 Project Default by the Developer
Section 12 02 Default by the City
Section 12 03 Obligations, Rights and Remedies Cumulative
Section 1204 Non-Action on Failure to Observe ProvISions of thiS
Agreement
Sectron 12 05 Termination Prior to Commencement of Project
Section 1206 Termination Certificate
24
25
26
26
27
28
ARTICLE 13. RIGHT TO CONTEST
28
Section 13 01 Right to Contest
Section 13 02 Conditions
..
28
28
Development Agreement
Page III
f ~mc.'II1iu(lllll.:liCly Oe'lleJopment ~ 1 Z with emS (!oc
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ARTICLE 14. ARBITRATION
29
Section 1401 Agreement to Arbitrate
Section 1402 Appointment of Arbitrators
Section 1403 General Procedures
Section 14 04 MaJonty Rule
Section 14 05 Replacement of Arbitrator
Section 14 06 DecIsion of Arbitrators
Sectron 14 07 Expense of Arbitration
Section 14 08 Accelerated Arbltratron
Section 1409 Applrcable Law
Sectro n 14 1 0 Arbitration Proceed Ings and Records
29
29
30
30
30
31
31
31
32
32
ARTICLE 15. UNAVOIDABLE DELAY
32
Section 15 01 UnavOIdable Delay
32
ARTICLE 16. RESTRICTIONS ON USE
33
Section 16 01 Project
33
ARTICLE 17. FIRE OR OTHER CASUALTY; CONDEMNATION
33
Section 17 01 Loss or Damage to Project
Sectron 17 02 Partial Loss or Damage to Project
Sectron 17 03 Project Insurance Proceeds
Section 17 04 Notice of Loss or Damage to Project
Section 17 05 CondemnatIon of Project or Project SIte, Apphcatlon
of Proceeds
33
33
34
34
34
ARTICLE 18. MISCELLANEOUS
34
Section 18 01 Assignments
Section 18 02 Successors and Assigns
Section 18 03 NotIces
Section 18 04 Applicable Law and Construction
Section 18 05 Venue, Submission to JUriSdictIon
Section 18 06 Estoppel Certificates
Sectron 18 07 Complete Agreement, Amendments
Section 18 08 Captions
Section 18 09 Holidays
Section 1810 Exhibits
Section 18 11 No Brokers
Section 18 12 Not an Agent of City
Section 18 13 Memo ra nd u m of Development Ag ree ment
Section 1814 Pubhc Purpose
Section 18 15 No General Obligation
Section 1816 Other Requirements of State Law
34
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38
Development Agreement
Page IV
F ~fTMMunler'Cty De~opm&nl AaL 12 WIth e::dl.s iI:Ioc.
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Section 18 17 Technical Amendments, Survey Corrections
Sectlo n 18 18 Term, Expl ratIon, Certlfi cate
Section 18 19 Approvals Not Unreasonably Withheld
Section 18 20 Effective Date
Development Agreement
Page v
38
38
39
39
F 'imc'tltJnUtrtCiilly ~ve-'Qpmlll"l1 AUt 12 wlh e-~!i {JOC
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EXHIBITS
Legal Description of Controlled Property
Project Description
Minimum Quality Standard
Beach Property Descnptlon
Upland Property DescriptIon
Project Site
Project Development Schedule
Covenant Regarding Tnp GeneratIon Management Program
Covenant Regarding Hurrrcane Watch Closure
LIst of ReqUIred Permits & Approvals
Mandalay Improvements
Streetscape/Landscape Improvements - Mandalay Right-of-Way
Lift Station Improvements
Lift StatIon Improvement ReqUIrements
Baymont Improvements
Streetscape/Landscape Improvements - Baymont Right-of-Way
Ambler Improvements
San Marco Improvements
AmenIty Improvements
Covenant of Umfied Use
Boat Slips
Agreement - Boat Slips
License Agreement
A
B
B-1
B-2
B-3
C
D
E
F
G
H
H~1
H-2
H~3
1-1
J
K
L
M
N
N-1
o
Development Agreement
Page VI
F ~mti~ll,lrrtflll"Cty OfIwlClptnent Agt 12 WIth iI!!IJd't!; aO<,':
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DEVELOPMENT AGREEMENT FOR
PROPERTY IN THE CITY OF CLEARWATER
This Development Agreement for Property In the City of Clearwater (the "Agreement") IS
made as of this _ day of , 2004, by and between THE CITY OF
CLEARWATER, FLORIDA, a Florida municipal corporation (the "City") and CBR Development I,
LLC, a Florida limited liability company and CBR Development II, LLC, a Florida limited liability
company (collectively, the "Developer") -
WITNESSETH
WHEREAS, the City of Clearwater has embarked on a community reVitalization effort for
Clearwater Beach,
WHEREAS, one of the major elements of the City's reVItalization effort IS a preliminary
design for the reVItalization of Clearwater Beach entitled Beach by Design,
WHEREAS, the City has adopted Beach by Design pursuant to the Pmellas Plannrng
CounCil's Rules In support of the CIty's ComprehenSIve Plan,
WHEREAS, Beach by Design proposed a limited number of catalytiC resort projects to
repOSition and re-establ1sh Clearwater Beach as a quality, family resort commumty and further
proVides for a limited pool of additional hotel units (Hotel Unit Pool) to be made available for such
projects,
WHEREAS, because Increased residential denSity on barrier Islands IS a Critical concern
under FlOrida law , Beach By DeSign limits the use of the Hotel Unrt Pool to overnight
accommodations and limits tenancies to 30 days or less,
WHEREAS, a key criteria for eligibility for the Hotel Unit Pool IS the maintenance and
operation of the project of as resort hotel operating under a national or International "flag" or other
comparable marketing affiliation or program,
WHEREAS, Developer has proposed to develop a mixed use project, Including a quahty
resort hotel, on certain property fronting on Mandalay Boulevard (the "Project Site"),
WHEREAS, It IS necessary that the City take certain actions In order to make It pOSSible for
Developer to develop the Project SIte In accordance With the goals and objectives of Beach by
DeSign,
WHEREAS, the CIty has conducted such heanngs as are requIred by and In accordance
With Chapter 163 3220 et ~ Fla Stat and applicable law,
WHEREAS, the City has determined that as of the Effective Date of thiS Agreement, the
proposed development IS consistent With the City's ComprehenSive Plan and Land Development
Reg u lations,
Development Agreement
Page 1
ADOPTED
F "'mc.~untel"Cry [)e1;elopment Ag11:2 wII'1 e.m:! {Joe
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WHEREAS, at a duly called public meeting on , 2004, the
City Council approved this Agreement, and authorized and directed Its execution by the appropnate
officials of the City, and
WHEREAS, the members of Developer have approved this Agreement and have authonzed
the undersigned Individual to execute this Agreement on ItS behalf
NOW, THEREFORE, In conSideration of the mutual promises and covenants contained
herein, the parties hereby agree as follows -
ARTICLE 1. DEFINITIONS.
1.01. Definitions. The terms defined In this Article 1 shall have the follOWing meamngs except
as herein otherwise expressly prOVided
1 "Agreement" mea ns this Ag reement fo r Development of Property I nclud Ing any Exhibits and
any amendments thereto
2 "Beach by Design" or "Plann means the strategic redevelopment plan for Clearwater Beach
dated 2001 which was adopted by the City Council pursuant to the provIsions of the Plnellas
County Planmng Council's Rules for the designation of a Commumty Redevelopment
Dlstnct, as amended by Ordinance 7294-04
3 "Beach Club 0 uts Ide Me mbers h[p" mea ns a Beach Club member that does not own or lease
a reSidence Within the geographiC area bounded on the west by the Gulf of MexIco, on the
east by Clearwater Bay, on the north by Rockaway Street and the south by Papaya Street
4 "City" means the City of ClealWater, Florida, a Flonda municIpal corporation
5 "City Council" means the governing body of the City
6 "Commencement Date" means the date on which Developer commences or causes a
Contractor to commence construction of a Phase of the Project (see Section 7 02 1 a)
7 "Completion Date" means the date on which the last certificate of occupancy reqUired forthe
Project IS Issued
8 "Construction Completion" means the date a Construction Completion Certificate [S Issued
for a Phase of the Project (see Section 7 04)
9 "Controlled Property" means those properties Within the Project Site which are owned by
Developer or subject to a purchase contract In favor of the Developer or an affiliate or
nominee on the Effective Date of thIs Agreement (see Section 5 01) which are more
particularly deSCribed In the legal descnptlon set out In Exhibit ~ to this Agreement
9 "Developer" means, for the purposes of thIs Agreement, CBR Development I, LLC, and ItS
successors and assigns as prOVided In Article 18
10 "Effective Date" means the date of approval and execution of this Agreement
Development Agreement
Page 2
ADOPTED
F ~f'I'1ClI1umil!!lJ'ICty l;)tI'Vt-IOpme:nl Agt , 2 wil'1 e:!1t1.5 (10(:
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11 "Exhibits" means those agreements, diagrams, drawings, specificatIons, Instruments, forms
of Instruments, and other documents attached hereto and designated as exhibIts to, and
Incorporated In and made a part of, this Agreement
12 "Hotel Phase" of development means the portion of the Project as depleted on Exhibit C
Including the quality resort hotel containing a minimum of two hundred forty (240) room~
which may be undertaken, but shall not be required to be completed before other portions of
the Project are commenced
13 "Hotel Umt Pool" means that hotel unity denSity pool created by the City pursuant to Beach
By DeSIgn
14 "MeetIng Space" means any bUilding floor area which can be used In conjunction With
conference or meeting activities
15 "Permits" means all land development approvals and consents requIred to be granted,
awarded, Issued, or given by any governmental authOrity In order for construction of the
ProJect, or any part thereof, to commence, continue or be completed
16 "Plans and Specifications" means, as to each part of the Project to be developed, the site
pia n for the Project to be deve loped, filed With the City as requ I red by the Land Development
Regulations for the purpose of review and approval
17 "Project" means, collectively, the development of a mixed use project including quality resort
hotel, beach club, residentIal condominium and commercial components (retail, restaurant,
office) proposed by the Developer as descn bed I n Section 2 03( 1 ) of th IS Ag reement and the
Project Descnptlon which IS attached hereto as Exhibit ~
18 "P roJect Site" mea n s th e land area g e n e ra Ily bo unded on the east by the western edge of the
nght-of-way of Mandalay Boulevard, on the north by the southern boundary of Lots 2-4 of
Millers Replat (PB 26, Pg 17) on the south by the northern nght-of-way of San Marco Street
and on the west by the Gulf of MeXICO, whIch IS more particularly descnbed and depicted on
Exhibit ~ (see Section 5 02)
19 "Residential/Retail Phase" of development means the portion of the Project as depicted on
Exhibit ~, including the four (4) story residentIal condominium bUilding WIth retaIl on the
ground floor
20 "Residential Tower Phase" of development means the portion of the Project as depIcted on
Exh I bit ~, Including the fifteen (15) story res Identlal co nd 0 mini u m bu II ding
21 "Termination Date" means the date a termination certificate IS Issued pursuant to Article 12
-,
22 "Termination for Cause" means a terminatIon which results from an uncured, matenal breach
of the Agreement
23 "Unavoidable Delay" means a delay as described In Article 15 hereof
24 "Vacation of Rights-of-Way" means the abandonment of the nght-of-way of Beach Dnve
(formerly N Gulf Boulevard) between the north flght-of-way of San Marco Street and the
Development Agreement
Page 3
ADOPTED
F ljmc~unten::l)f Del,eJOI'/'PIi!'n1. Agt 12 Wlh !!>hs doc
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south rig ht -of -way of Baymont Street by the City I n favor of Developer, I n order that the goals
and objectives of the Comprehensive Plan may be better accomplished
1 02 Use of Words and Phrases. Words of the masculine gender shall be deemed and
construed to Include correlative words of the feminine and neuter genders Unless the
context shall otherwise Indicate, the singular shall Include the plural as well as the singular
number, and the word "person" shall Include corporations and aSSociations, limited liabilIty
corporations and partnerships, Including public bodIes, as well as natural persons "HereIn,"
"hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words
refer to this Agreement and not solely to the particular portion thereof In whIch any such
word IS used
1.03. Flonda Statutes. All references herein to Flonda Statutes are to Flonda Statutes (2004), as
amended from time to tlme
ARTICLE 2. PURPOSE AND DESCRIPTION OF PROJECT.
2.01. Finding of Public Purpose and Benefit The proposed Project, Including the acquIsition
of the Controlled Property by the Developer and the design, construction, completion and
operation of the ProJect, and each part thereof, IS hereby found by the parties hereto (1) to
be conSistent with and In fu rthera nee of the 0 bJectlves of the Compre henSlve Plan of the City
of Clearwater, (2) to confo rm to the provIsions of Florida law, (3) to be In the best I nterests of
the citIzens of the City, (4) to further the purposes and objectives of the City, Including,
without limitatIon, the addition of resort hotel rooms adjacent to the beach providing for
transient occupancy pursuant to the standards established hereunder, (5) to further the
public Interest on Clearwater Beach, and (6) to Implement Beach by Design, Including the
creatlon of the new quahty hotel resort to be constructed as a part of the Project
2.02. Pu rpose of Ag reement The pu rpose of this Ag reement IS to fu rther the Implementation
of Beach by Design by providing for the development of the Project Site and the construction
of certain public Improvements, all to enhance the quality of life, Increase employment and
Improve the aesthetic and useful enjoyment of Clearwater Beach and the City, all In
accordance With and t n furthe ra nce of the Com prehenslve Plan of the City of Clearwater and
as authonzed by and In accordance With the proVISions of Flonda law
2.03. Scope of the Project
1 The Project shall only Include resort hotel, beach club, spa, fitness center, residential
and commerCial uses (retail, restaurant and office), pnvate parking and appropnate
accessory uses and shall be developed In substantial conformity WIth the Project
Description which IS attached as Exhibit I2. When all required approvals have been
granted by the appropriate authOrities pursuant to applicable law, the Intensity of
permitted use on the Project Site shall.be
Hotel- not less than 240 and not more than 260 units Including a mInimum
of 20,000 square feet of Meeting Space and other amenities as further
descnbed on Exhibit g,
Residential umts - not to exceed 120 units
Development Agreement
Page 4
ADOPTED
F1ni~Uflb!ll"'Cty OtI'1;6"lopml:nl Aal12 wktJlI!!:!I1:!li doc
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Beach Club - not to exceed 160 Beach Club Outside Memberships
subject to adjustment as provIded below
Commercial/Retail - not more than 11,000 square feet of floor area, not
more than 3,000 sq ft of which may be restaurant
Private parkmg - a minimum of 431 parking spaces are to be provided
based on the followIng formula
1 5 spaces for each condomInium unIt
715 spaces for each hotel unit
27 spaces for each 1,000 square feet of commerCIal use
1 0 spaces for each 5 Beach Club Outside Memberships
In the event the number of condominium or hotel units or the square
footage of commerCial use are reduced, the parking requirements shall be
reduced In accordance with the above formula In the event total parkIng
spaces prOVided IS less than the reduced amount approved by the COB
(431 spaces), Developer shall reduce Beach Club OutsIde Memberships
by 5 members for each space not provided and In the event total parkIng
spaces provIded are more than the reduced amount approved by the
CDB (431 spaces), Developer may Increase Beach Club OutsIde
MembershIps by 5 members for each additional space provided
2 Nothing shall preclude the Developer from developing or operating all or portions of
the Project elements usmg any ownershIp format permitted under Flonda Statutes
Includmg fee Simple, condominIum, timeshare or fractional ownership formats
3 Up to twenty-five percent (25%) of the hotel umts may be sUItes With kitchens,
Including all tYPical kitchen equIpment and amenitIes In addition, partial kitchens or
mini-kitchens may be allowed
4 The followmg covenants and restrictions shall be applIcable to all hotel units WIthin the
Project regardless of ownershIp formats utIlized Notwlthstandmg any other prOVISIon
of thIS Agreement, no occupancy In excess of thirty (30) days per stay shall be
, permitted In any hotel unit which IS developed as a part of the Project In additIon, no
hotel unIt shall be used as a primary or permanent reSidence and a minimum of 200
hotel units shall be reqUIred to be available to transient hotel guests for no fewer than
330 days In any calendar year, subject to'force majeure events makIng such rooms
unavailable for occupancy In order to assure the hIgh quality resort expenence called
for under thiS Agreement, a minImum of 200 hotel unIts shall be operated by a smgle
hotel operator who shall meet the requirements as to operatIng standards set forth In
ExhibIt B-1 of thiS Agreement Pnor to the Issuance of a certificate of occupancy for
the resort hotel, the Developer shall record a covenant and restnctlon which IS
enforceable by the City, substantially In accordance With Exhibit E, limiting the use
and operatIon of the hotel units, Implementing thiS paragraph
5 As a condition of the allocation of hotel Units from the Hotel Unit Pool pursuant to the
deSignation of ClealWater Beach as a CommunIty Redevelopment DIstrict pursuant
Development Agreement
Page 5
ADOPTED
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to the Plnellas County Planning Council's Rules, the Developer shall comply with
each of the standards established In Beach by Design, Including
a The resort hotel which IS a part of the Project shall provide a full range of
on and off site amenities for the guests of the resort, Including a full
service restaurant, room service, valet parking, exercise faCIlities, pool,
and meeting areas and access to boating, fishing and golf off-site Off
site amenities may be provided through a concierge service
b The resort hotel which IS a part of the Project shall be deSigned and
operated as a national or International "flag" or other comparable
marketing affihatlon or program which will faCIlitate the repositioning of
ClealWater Beach as a national and International resort destination
c Prior to the Issuance of a certificate of occupancy for the resort hotel
which IS a part of the ProJect, the Developer shall record a covenant and
restriction which IS enforceable by the City, substantially In accordance
with Exhibit ~, limiting the use and operation of the resort, obligating the
Developer to develop, Implement and operate at all times when the resort
hotel IS open, a Trip Generation Management Program which shall
Include the prOVIsion of non-private automobile access to and from the
resort which shall Include at least an airport shuttle and resort-provided
transportatIon to off-Site amemtles and attractions
d Prior to the Issuance of a building permIt authorizIng the construction of
the resort hotel units, the Developer shall record a covenant and
restriction which IS enforceable by the City, substantially In accordance
with Exhibit E, on the use and operation of the resort, that Imposes certain
use restrictions on the Hotel Phase and obligates the Developer to close
and vacate all persons (except for emergency personnel requIred to
secure and protect the faCIlities) from the resort hotel within twelve (12)
hours after the Issuance of a hUrricane watch which Includes Clearwater
Beach -by the National Hurncane Center
2.04 Cooperation of the Parties. The City and the Developer recogmze that the successful
development of the Project and each component thereof IS dependent upon the
continued cooperation of the City and the Developer, and each agrees that It shall act In
a reasonable manner hereunder, proVide the other party With complete and updated
information from time to tIme, With respect to the conditIons such party IS responsIble for
satisfying hereunder and make ItS good faith reasonable efforts to ensure that such
cooperation IS continuous, the purposes of thiS Agreement are carned out to the full
extent contemplated hereby and the Project IS deSigned, constructed, completed and
operated as proVided herein
ARTICLE 3. REGULATORY PROCESS.
3 01. Land Development Regulations
1 Land Use DeslQnatlon The Project SIte IS deSignated Resort FaCIlities High In
the Comprehensive Land Use Plan and zoned TOUrist District In the City's Land
Development Regulations
Development Agreement
Page 6
ADOPTED
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2 Amendments to Land Development ReQ'ulatrons The City covenants and agrees to
cooperate with Developer to the extent permitted by law In regard to any text or map
amendment to the City's land Development Regulations whIch may be necessary In
order for Developer to carry out the Project as descrrbed In Section 203
3 Allocation of Hotel Unit Pool Units Subject to the terms and conditions of thiS
Agreement, the City agrees to allocate and grant to Developer from the Hotel Unit
Pool an additional one hundred forty-one (141) hotel umts to the Project Site In
accordance with applicable law The allocation of addltlonafhotel umts from the
Hotel Unit Pool shall expire and be of no further force and effect unless the
Commencement Date occurs on or before the deadline hereafter set forth In Section
7 02 1 a
4 Special Settlement Strpulatlon RIQ'hts The City recognizes that portions of the
Project Site are subject to a Final Judgment By Consent entered by the Circuit Court
of Pmellas County In CIty of Clearwater v Gray, Case No 85-4145-15 and Thacker,
et al v CIty of Clearwater, Case No 86-17457-16 (as amended, the "Consent
Decree~) which Increases permitted density on a portion of the property
3.02 Development Approvals and Permits.
1 Applications for Development Approval The Developer shall prepare and submit to
the approprrate governmental authontres, Including the City, apphcatlons for approval
of all plans and specifications necessary for the ProJect, and shall bear all costs of
preparrng such apphcatlons, applYing for and obtalmng such permits, including
payment of any and all applicable application, Inspection, regulatory and Impact fees
or charges The City shall, to the extent possible, expedite review of all applications,
Including foundation permits A Irst of all permits and approvals required to
Implement the provISions of thiS Agreement IS attached as Exhibit G The failure of
thiS Agreement to address a particular permit, condition, or term of restriction shall
not relieve the Developer of the necessity of complYing With the law governing said
permitting requirements, conditions, terms or restrrctlons
2 Schedule A Project Development Schedule IS attached to thiS Agreement as ExhIbit
D that Identifies anticipated commencement and completion dates for each Phase
of the Project
3 City Cooperation and ASSistance The City shall cooperate With the Developer In
obtaining all necessary Permits required for the construction, completion and
o pen I ng for bus I ness of the Project If requested by the Developer a nd a utho rrzed by
law, the City will JOin In any application for any Permit, or, alternatively, recommend to
and urge any governmental authorrty that such Permit or Permits be Issued or
approved
4 Cltv Authorltv Preserved The City's duties, obligations, or responsibilitIes under any
section of th IS Ag reement, speclflca I Iy I ncludrng, but not limited to, th IS SectIon 3 02,
shall not affect the City's rrght, duty, obligation, authorrty and power to act In Its
governmental or regulatory capacity In accordance With applicable laws, ordinances,
codes or other bUilding regulations Notwithstanding any other prOVISion of thiS
Agreement, any required permItting, licenSing or other regulatory approvals by the
Development Agreement
Page 7
ADOPTED
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City shall be subject to the established procedures and substantive requirements of
the City with respect to review and permitting of a project of a similar or comparable
nature, Size and scope In no event shall the City, due to any provIsion of thiS
Agreement, be obl1gated to take any action concerning regulatory approvals except
through ItS established procedures and In accordance with applicable provIsions of
law
5 Impact Fees The City shall use ItS best efforts to secure or provide any lawfully
available credits against Impact fees applIcable to the Projectwhlch are authorized
under eXisting laws and regulations for public Improvements constructed and paid for
by the Developer In the event that the City IS unable to secure a credit against any
1m pact fees, the City s hall use ItS best efforts, with I n the II m ItS of the appllca ble law,
to allocate Impact fees collected from the Developer to the pUblic Improvements
which are desCribed In Exhibits tL L .J and .tS to thiS Agreement or other
Improvements In the Immediate vlclnrty of the Project Site
3.03. Concurrency.
1 Concurrency Reaulred The parties hereto recognize and acknowledge that FlOrida
[aw (specifically, Pa rt II, Ch a pter 163, FlOrida Statutes, and Ru Ie 9J-5, FlOrida
Ad m I n Istratlve Code, collectively the "Growth Management Act") Imposes restnctron s
on development If adequate public Improvements are not available concurrently with
that development to absorb and handle the demand on public services caused by
development The City has created and Implemented a system for monitoring the
effects of development on public services within the City The Developer recognizes
and acknowledges It must satisfy the concurrency reqUirements of FlOrida law and
the City's regulations as applied to thiS Project
2 Reservation of CapacIty The City hereby agrees and acknowledges that as of the
Effective Date of thl s Ag ree ment, the ProJect satIsfies the concurrency requ I rements
of Florida law The City agrees to reserve the requIred capacity to serve the Project
for the Developer and to maintain such capacity for a period of three (3) years from
the Effective Date of thiS Agreement and that such period shall be automatically
extended for an addItional three (3) years If the Developer commences construction
Within the InitIal three (3) year period The City recognizes and acknowledges that
the Developer Will rely upon such reservation In proceedIng WIth the Project
3 ReqUired PubliC Facilities In addition to the obligations of the City and the
Developer set out In Article 5 of thiS Agreement, the Publrc Utilities Department of
the City Will provide potable water service and sanitary sewer servIce to the Project
ARTICLE 4. PLANS AND SPECIFICATIONS.
401 Plans and Specifications
1 ResponsIbility for Preparation of Plans and SpeCifications The Developer shall be
solely responsible for and shall pay the cost of preparing, submitting and obtaining
approval of the Plans and SpeCifications for the Project
2 Use of Qualified ProfeSSionals The Developer shall retain quahfied profeSSionals to
Development Agreement
Page 8
ADOPTED
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prepare the Plans and SpecIfications and shall cause such professionals to prepare
the Plans and Specifications
ARTICLE 5. PROJECT DEVELOPMENT
5.01. Ownership of Project Site. The Developer IS the owner or contract purchaser of certaIn
parcels of land (each, a "Parcel" and collectively, the "Parcels") Within the Project Site whIch
are more partIcularly described In Exhibit 6. to this Agreement ("Controlled Property")
5.02. Project Site. The Project Site conSists of those properties located generally In an area
which IS bounded by the east by the western edge of the right-of-way of Mandalay
Boulevard, on the north by the southern boundary of Lots 2-4 of Millers Replat (PB 26, Pg
17) on the south by the northern right-of-way of San Marco Street and on the west by the
Gulf of MexIco, as more particularly descnbed In Exhibit C
503. Obligations of the City
1 Vacation of RIQhts-of-Way The Developer shall apply for and the City Council shall
conSider the adoption of an ordinance vacating the right-of-way of Beach Drive
(formerly North Gulfvlew Boulevard) between San Marco Street and Baymont Street
as depicted on Exhibit ~
2 Mandalay Improvements The Developer shall, at ItS expense, realign the curb on
Mandalay Avenue, construct a new sIdewalk, related streetscape Improvements and
landscape Improvements as further desCribed In Exhibit H (the "Manda lay
Improvements") The City shall grant to Developer, at Developer's expense, the nght
to relocate the electrical panels for the 11ft station at Mandalay and Baymont as
desCribed In ExhIbit H-1 (the "Lift StatIon Improvements")
3 Pe rm ItS Th e City will cooperate and coordln ate with the Deve loper with regard to all
permit applications, Including those to state agencies, and will faCIlitate or expedite,
to the greatest extent pOSSible, the permit approval process
4 Bavmont Improvements The Deve lope r, at ItS expen se, s hall construct streetscape
and landscape Improvements (the "Baymont Improvements"), as furtherdescnbed In
Exhibit 1, prOVided that such Improvements shall not Interfere with or obstruct the use
of Baymont Street for pedestrian and vehicular movement In accordance with the
proVISions of Beach by DeSign and such Improvements are consistent with the
provISIons of Beach by DeSign and the City Charter
5 Ambler Street Improvements The City shall grant the Developer the authonty to
construct, at the Developer's expense, landscape and streetscape Improvements
within the eXisting Ambler Street nght-of-way and building Improvements and
associated pedestnan facIlities within the pedestrian easement reserved to the CIty
In OffiCial Records Book 2228, Page 720 of the Public Records of Plnellas County,
FlOrida (the "Ambler Street Improvements"), as further descnbed on ExhIbIt 4-
ProVided however, that such Improvements shall not mterfere with or obstruct the
use of Ambler Street for pedestrian and vehicular movement or the use of the
pedestna n easement so a s to redu ce the wIdth or c1ea ra nce height of the pedestnan
underpass from the eXisting as-bu lit condition prior to com mencement of the ProJect,
Development Agreement
Page 9
ADOPTED
f ~mc"f'lunt-llr(::1Iy Dewlo'Plll",nt: ACt,2 Mh e-dl:!li.Q.Qc
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and provided that such Improvements are consistent With the provISions of Beach by
Design and the City Charter
6 San Marco Improvements The City shall grant the Developer the authOrity to
construct, at ItS expense, the sanitary sewer hne In the San Marco right-of-way ("San
Marco Improvements") as further described on the attached Exhibit is. Developer
shall be responsible for all costs of relocation, Including the cost of restoring San
Marco
7 Vacation of Plat The Developer shall prepare, at ItS expense and submit to an
a ppll cation fa r vacation and City sh a II co n Sider the va cation of th at part of the plat of
Clearwater Beach Park as recorded In Plat Book 10, Page 42 of the Public Records
of Plnellas County, FlOrida and other plats of record (the "EXisting Plats") which
Include the Project Site and replat said property as reasonably required for the
development of the Project
8 Conveyance of Beach Property to City Developer agrees to convey to City by
special warranty deed, free and clear of hens and encumbrances, the real property
described on the attached Exhibit B-2 (the "Beach Property") City agrees to accept
the conveyance of the Beach Property as additional consideration for the allocation
of the additional hotel units from the Hotel Unit Pool and, as approved by the City
Manager, In satisfaction of the Recreation FaCIlity Land Fees and Open Space Fees
as to the Project Developer shall not be excused from payment of the Recreation
FaCIlity Fees which shall be due and payable In accordance with the City ordinance
Imposing such fees The property owned by Developer between the Beach Property
and the portIons of the Project site to be Improved, as described on the attached
Exhibit B-3, IS hereafter referred to as the "Upland Property" The general public
shall be entitled to continue to use the Upland Property as the general publiC IS
currently uSing such property Future use of the Upland Property by the general
public shall not unreasonably mterfere With or disturb the use of such property by
Developer and Its successors, assigns, tenants, mVltees and guests The Developer
and ItS successors, assigns, tenants, Invltees and guests shall be entitled to use the
Beach Property In the future to the same extent and In the manner as the general
public The City shall have the exclUSive right to grant concessions as to the Beach
Property Subject to applIcable City regulations and permitting requirements, the
Developer may operate on the U pia nd Property concessIons related to the use of the
beach and the adjacent waters by the general public and tOUrists vIsiting the beach
area, and by the Developer, ItS successors, assigns, tenants, Invltees and guests
Such concessions WIll be limited to the sale, rental or use of equIpment, products
and services as IS then common to the recreational and other use of the beach and
the recreational uses on, m and under the adjacent waters of the Gulf of MeXICO City
and Developer agree to Impose a land use restriction on the Beach Property and
Upland Property that Will prohibit use of such property for Jet-ski or para-sail
operation concessions
9 Approval of ConstructIon Beyond CCCL and/or In V Zone The City acknowledges
that for Developer to provide a quality beach resort, It Will be necessary for
Developer to construct and operate certain Improvements below the base flood
elevation and/or seaward of the Coastal Construction Control Line, such
Improvements to Include pool(s), spa(s), decks, pool bathrooms, pool bar/grill,
Development Agreement
Page 10
ADOPTED
F ~rrn;lfluruercly OewLopm!l!"rU Aat '2 .... &~!li.nQC
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boardwalks, landscaping and associated Improvements and facIlities (the "Amemty
Improvements") as further described on the attached Exhibit h The CIty shall
cooperate With Developer In obtaining all necessary Permits for the Amemty
Improvements and agrees that such Amenity Improvements are necessary
requirements for a quality beach resort hotels
10 Boat Docklnq FacIlities The City owns certain real property adjoIning a boat baSin
Immediately to the North of the Belle Harbor Condominium project ("Boat BaSin")
The City agrees to JOintly pursue With Developer the acquisition of a sovereignty
submerged lands lease ("SSLL") from the State of Flonda that Will permit
construction of boat docking faCIlitIes ("Boat Docking Facilities") Developer agrees
to pursue, at Developer's expense, the SSLL, all reqUIred Permits for construction of
boat slips (the "Boat Slips") In the Boat BaSin as conceptually depicted on the
attached Exhibit ~ In the event Developer IS able to obtain the SSLL and Permits for
the Boat Slips, the CIty and Developer shall enter Into an agreement In the form
attached as Exhibit N-1 that Will authOrize the Developer to construct the new Boat
SlipS, at Developer's sole expense, and provide for the Developer and ItS deSignated
successors and assigns to have the right to utilize sixty-seven percent (67%) of such
Boat Slips so long as the Boat Docking FacIlities continues to eXist The agreement
Will proVide (I) for Developer to pay all maintenance and repair costs for the Boat
Slips, (II) for use of the Boat Slips to be limited to Project owners, tenants and
guests, (III) for Developer to proVIde a shuttle service to the Boat Slips from the
Project, and (IV) for the assignment of Boat Slips to be limIted to Project owners
11 Sales/Construction OffIces The City acknowledges Developer's plan to construct
sales/constructIon offices on a portion of the Project Site City agrees to expedite the
review of any permit application submitted by Developer as to the sales/construction
offices
12 Improvements Within Rlqht-of-Wav The City authonzes the Developer to make
certain Project Improvements WIthin the CIty nghts-of-way adjOining the Project Site
as depicted on the approved sIte plan ("Project Improvements") City grants to
Developer a license attached hereto as ExhIbit 0, to Install, maintain, repair and
replace all encroaching Project Improvements approved by the City, prOVided,
however, that Developer shall be solely responsible for all costs relating to the
Project Improvements and shall execute and deliver to City a mamtenance
agreement In form and content reasonably acceptable to City
13 Timely Completion The City recognizes the publiC Importance of the timely
completion of the proposed Project, and time IS deemed to be of the essence The
City conSiders thiS Agreement as overall authOrity for the Developer to proceed to
permit, and agrees to Implement a fast-track reView, permittIng, and Inspectton
program for thiS Project
5.04. Obligations of the Developer
1 Resort Hotel ProJect The Developer shall bulld and operate a no less than two
hundred forty (240) room resort hotel to be operated as a quality resort In
accordance With the Minimum Quality Standard as prOVided for In Exhibit B-1
Development Agreement
Page 11
ADOPTED
f ~rrw:~untl,IU'(::l) Oe\'eIOPfllll:lnt Agt 12 W!l:h ..,~ dGC
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2 Responslbllitv for On-Site Costs The Developer shall be responsIble for all on-Site
costs relative to the development of the ProJect, IncludIng the pnvate parking spaces
3 Mandalav, Bavmont. Ambler and San Marco Improvements The Developer shall be
responsIble for all design and construction costs for all Mandalay and Baymont
Improvements as provided on ExhibIts!::! and! and for all design and construction
costs for all Ambler and San Marco Improvements as provided on Exhlblts.4 and.tS.
4 Storm Dralnaae Improvement The Developer shall design -and construct storm
drainage Improvements for the City In the San Marco Street rrght-of-way In
accordance with the approved site plan ("San Marco Drainage Improvements") The
Developer further agrees to design and construct storm drainage Improvements
north of Baymont Street within the Mandalay Avenue nght-of-way and the connection
to Clearwater Bay as shown on the approved site plan CMandalay Drainage
Improvements") City shall reimburse Developer for all reasonable design and
construction costs for the San Marco Drainage Improvements Developer shall pay
all design and construction costs for the Mandalay Drainage Improvements
5 Covenant of Unified Use The Developer hereby agrees to execute the covenant of
unified use and deve lopment for the Controlled Property providIng that the Controlled
Property shall be developed as a single project and operated and used as a unified
mixed use project, which IS attached as Exhibit M, provided however, that nothing
shall preclude the Developer from sellmg all or a portIon of the Controlled Property In
a condominium form of ownership
6 Prolect Oblraatlons The Developer agrees to carry out the redevelopment of the
Project Site by completing the purchase of all of the Controlled Property, preparing
project plans and specifications, obtaining approvals by governmental authorities
necessary for development of the ProJect, demolishing eXisting Improvements,
constructing variOus prIVate Improvements on the Project Site and operating the
Project as a umfied and Integrated project The Developer shall take all actions
necessary to maintain control of the Project Site, until certlficate(s) of occupancy are
Issued by the City
ARTICLE 6. PROJECT FINANCING
6.01. Notice of Project Financing to City. As soon as the Developer shall have obtained any
financing for any portIon of the Project, the Developer shall provide the CIty With a sworn
statement Identifying the Project Lender(s) and documenting the type of financing that the
Project Lender(s) has Issued In favor of the Developer for the Project
6.02. Copy of Default Notice to City The Developer covenants and agrees that any Project
FinancIng documents shall mclude provISions which prOVide that m the event any Project
Fmanclng shall become due and payable by maturity or acceleratIon, the Project Lender-
shall give wrrtten notice thereof to the City by certified mall, return receipt requested Such
notice from the Project Lender to the City shall state the basIs of the default by the
Developer and shall Include copies of any pleadings In any proceeding Instituted by the
Project Lender(s) Incident thereto
6.03. Intentionally Omitted.
Development Agreement
Page 12
ADOPTED
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6 04. Assignment of Rights Under Agreement To Project Lender Developer may assign to the
Project Lender all ItS right, tItle and Interest under this Agreement as security for any
Indebtedness of Developer The execution of any assignment, security agreement, or other
Instrument, or the foreclosure of the Instrument or any sale under the Instrument, either by
JudicIal proceedings or by virtue of any power reserved In the mortgage or deed of trust, or
conveyance In lieu of foreclosure by Developer to the holder of such Indebtedness, or the
eXistence of any fight, power, or privilege reserved In any Instrument, shall not be held as a
violation of any of the terms or conditions of thiS Agreement, or as an assumption by the
holder of such Indebtedness personally of the obligations of thiS Agreement No such
assignment, foreclosure, conveyance or exercise of right shall relieve Developer from ItS
liability under thIS Agreement
6.05. Notice to Project lender If Developer shall encumber ItS Interests under this Agreement,
and If Developer or the holder of the Indebtedness secured by the assignment shall give
n ot[ce to City of the eXIstence of the assign ment a nd the ad dress of th e h 0 Ide r, then City will
ma[1 or dellverto the Project Lender, a duplicate copy of all notices In writing which CIty may,
from time to time, give to or serve on Developer under and pursuant to the terms and
provISions of thiS Agreement Caples shall be mailed or delivered to the holder at, or as near
as possible to, the same time the notices are given to or served on Developer The Project
Lender may, at Its option, at any tIme before the rights of Developer shall be terminated as
provided [n thiS Agreement, do any act or thmg that may be necessary and proper to be
do ne I n the observan ce of the cove nants a nd conditions of thiS Agreement or to preve nt the
terminatIon of this Agreement All payments so made and all things so done and performed
by the Project Lender shall be as effective to prevent a forfeiture of the fights of Developer
under thiS Agreement as they would have been If done and performed by Developer
6.06 Conse nt of ProJect lender Th IS Agreeme nt can not be amended, canceled, or su rrendered
by the Developer without the consent of the Project Lender
6.07. Es toppel Ce rtlflcates The City ag rees at an y tl me a nd from tl me to tl me u pan not less than
te n (1 0) days prl 0 r wntten req u est by the Developer to execute, ackn owled ge, and dellve r to
any Project Lender a statement In wntlng certifYing that thiS Agreement IS unmodified and In
full force and effect (or If there have been modifications), being Intended that any such
statement delivered pursuant to thiS Article 6 may be relied upon by the Project Lender
6.08. Cooperation The City and the Developer shall cooperate as to reasonable requests for
assurances any proposed Project Lender for the purpose of Implementing the mortgagee
protection provISions contained m thiS Agreement and allOWing the Project Lender
reasonable means to protect or preserve the liens of such Project Lender upon the
occurrence of a default under the terms of thIS Agreement
6.09. Reinstatement by Project Lender If thiS Agreement IS terminated by reason of the
happenmg of any event of default, and after any notice and cure penod provided, Glty shall
give prompt notice of thiS n g ht to rei nstate to the Project Lender, which nght to rei nstate shall
be for a period of ninety (90) days However, the Project Lender shall not have any personal
liability for performance of the Developer's obligations under thIs Agreement unless and until
the Project Lender acquires title to the Project Site and expressly assumes such liability
6.10. New Ag reement City shall, on wntten request of a P rOJ ect Lender wh Ich h as acqUired title
Development Agreement
Page 13
ADOPTED
po: ~m~until!lf'ICly ~'II!elOpmen.l .A4t 12 Wlh e~ doc
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to the Project Site by foreclosure or deed In lIeu of foreclosure, enter IOta a new Agreement
with such Project Lender, or Its deSignee, within twenty (20) days after receipt of such
request, whIch new agreement shall be effective as of the date of such termination of this
Agreement for the remainder of the term of thiS Agreement and upon the same terms,
covenants, condItions and agreements as are contained In thiS Agreement, provided that the
Project Lender or ItS deSIgnee shall
1 Pay to City at the time of the execution and delivery of said new ag reem ent any and all sums
which would have been due under thiS Agreement from the date of terminatIon of thiS
Agreement (had thiS Agreement not been terminated) to and Including the date of the
execution and delivery of said new agreement, together with all expenses, Including but not
limited to, attorneys' fees (for trials and appeals) In a reasonable amount Incurred by City In
con nectlon WIth the term I nation of th IS Ag ree ment and With the execution a nd delivery of the
new agreement, and
2 On or prior to the execution and delivery of said new agreement agree In wrltmg that
promptly followmg the delivery of such new agreement, such Project Lender or ItS deSignee
Will perform or cause to be performed all of the other covenants and agreements In thiS
Agreement on Developer's part to be performed to the extent that Developer shall have
failed to perform the same to the date of delivery of such new agreement
6.11. Transfer of New Agreement The Project Lender shall have the nght to assign or transfer
the new agreement to any person or entity Without the City's consent so long as the new
agreement IS In good standing and Project Lender IS current 10 obhgatlons owed to the City
Notwithstanding the foregOing, any Project Lender that IS asslgmng the new agreement and
the estate created thereby shall provide to the City notice of assIgnment and shall cause to
be executed and delivered In a form reasonably acceptable to the City an assumption
agreement from the assignee pursuant to which said assignee assumes the duties,
obligations, covenants, conditions and restrictions of the new agreement Upon such
assignment and assumption by the assignee, the assignor shall be released of all liability
under the new agreement and, upon request of the assignor, the City shall execute and
dehverto the assignor a release agreement In a form reasonably acceptable to the assignor
eVidenCIng such release of the assignor from any liability under the new agreement
6.12. Survival The proVIS Ion s of th I S Article 6 shall su rvlve the term I nation of th IS Ag reement and
shall continue In full force and effect thereafter to the same extent as If Article 6 were a
separate and Independent contract made by the City, the Developer and the Project Lender
ARTICLE 7. CONSTRUCTION OF PROJECT.
7 01. Project Site The Developer shall be responSible for all site Investigation, envIronmental
testing, demolition and site c1eanng
7.02. Construction ofthe Project.
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Commencement Developer shall construct the Project substantially In
accordance With the Plans and SpeCifications therefor Developer shall
commence construction of the Hotel Phase of the Project on or before the
earlier of (I) one (1) year after receIpt of all development approvals for the
Development Agreement
Page 14
ADOPTED
f ~mc'lllL.lnh!llncly Oewlcpment Agt 12 'W'II:h e~ dQC
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Project, other than bUilding permits, provided, however, that the running of
the one (1) year penod shall be tolled for the penod commencing on the date
of submittal by Developer for bUilding permits for Hotel Phase and ending on
the date of Issuance of the bUilding permits for Hotel Phase, or (11) two (2)
years after the EffectIve Date (such deadline being the "Hotel
Commencement Deadline"), and shall thereafter diligently pursue completion
of the Hotel Phase of the Project Deve lope r shall comme n ce constructIon of
the ResidentIal Tower Phase of the Project on or before the Hotel
Commencement Deadline and shall thereafter diligently pursue completion of
the ReSidential Tower Phase of the Project Developer shall commence
construction of the ReSidential/Retail Phase of the Project Within two (2)
years after the Hotel Commencement Deadlrne and shall thereafter diligently
pursue completion of the ReSidential/Retail Phase of the PrOject
b For purposes of this Section 702, "commence construction" means
commencement of meamngful physical development of that part of the
Project as authOrized by the BUlldrng Permit therefor which IS continued and
diligently prosecuted toward and WIth the active of completIon of that part of
the Project The date that Developer shall commence construction of each
Phase IS the "Commencement Date" of such Phase
c All obhgatlons of Developer (rncludrng deadlines In the Commencement
Date) WIth respect to co mme ncement a nd conti nu atl 0 n of constru ctlO n shall
be subject to delays and extenSIons from tIme to tIme for UnavoIdable Delay
(see Article 15) Developer shall not be deemed to be In default of thiS
Agreement to the extent construction of the Project, or a part thereof, IS not
complete by reason of UnavOIdable Delay
2 Pursuit of Construction After the Commencement Date of each Phase, Developer
shall contrnue, pursue and prosecute the construction of such Phase of the Project
With due diligence to completion, and shall not at any time actually or effectively have
abandoned (or ItS Contractor haVing actually or effectively abandoned) the Project
SIte For purposes of thiS subsection 7022, "abandoned" means to have ceased
any constructIon work whIch effectIvely advances the construction of the Project
toward completion, I ndud I ng removing all 0 r su bstantlally all of the construction work
force from the Project site for a penod of not less than sixty (60) days
3 Marntena nee of Construction SIte Du rrng the construction of the Project, Developer
sh a II, at ItS own expen se, keep the Project a nd a II lands own ed by Developer With I n
the Project Site In reasonably good order and condItion
4 Construction Completion Certificate
a
For purposes of thiS Section 702, "completion, "complete," "substantially
complete" or "substantial completion" means, With respect to construction of
a Phase of the ProJect, the later of a certIficate of occupancy for the shell of
any structures) (not Including any tenant Improvements) for that part of the
Project Issued by the City or other approprrate governmental authonty haVing
JUrisdIctIon over the Project SIte or that portIon of the Project has been
deemed substantially completed by the Project Lender under the
Development Agreement
Page 15
ADOPTED
F'lmc\'lunl.r"C1y 00,,",,10""'." AgIU _ .>11. ~oo
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Development Agreement
Page 16
ADOPTED
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Construction Financing therefor
Upon the substantial completion of the construction of any Phase of the
Project In accordance with the provIsions of the Plans and Specifications,
Developer shaJJ prepare a nd execute a Constru CtlO n Com pletlon Ce rtlfl cate,
which shall then be delivered to the City Upon receipt of the certificate, the
City shall promptly and diligently proceed to determine If construction of such
Phase of the Project has been completed substantially In accordance with the
Plans and Specifications and thiS Agreement Up-on making such a
determination, the City shall execute the certificate and return It to Developer
The date of the Construction Completion Certificate shall be the date when
all parties shall have executed said certificate
The Construction Completion Certificate shall constitute a conclUSive
determination by the parties hereto of the satisfaction and termination of the
obligations of Developer hereunder to construct such Phase of the Project
described In the certificate, provided, however, that nothing In thiS Section
shall be a warver of the rig hts, d utres, 0 bhg atro ns or responslbll rtres of the City
or any other governmental entity acting In ItS regulatory or governmental
capacity or an approval of said co n structlon for pu rposes of the rssuance of a
certificate of occupancy for that part of the Project
If the City shall refuse or fall to execute any Constructron Completion
Certificate after receipt of a request by Developer to do so, then the City
shaH, wrthln ten (10) days after ItS receipt of such request, provide
Developer with a wntten statement setting forth In reasonable detail the
reason(s) why the City has not executed the Construction Completion
Certificate a nd what must be done by Deve 10 per to satisfy such objections so
that the City would sign the certificate Upon Developer satisfYing the City's
objections, then Developer shall submit a new request to the City for
execution of the Construction Completion Certificate and that request shall
be considered and acted upon In accordance with the procedures In thiS
Section for the onglnal request
If the City refuses to execute the certificate and Developer does not agree
with the objections set forth In the Crty's statement, then Developer may
Invoke the arbitration procedu res set forth I n Article 14 hereof for the pu rpose
of determining If the prerequIsites for execution by all parties of the
Construction Completion Certificate have been met, and If not, what actions
must be taken to satisfy such prerequIsites
The Construction Completion Certificate shall be In a form sufficient to be
recorded In the public records of Pine lias County, FlOrida After execution by
the- CIty, It shall be promptly returned to Developer who s11all record the
certificate In the public records of Prnellas County, FlOrida, and pay the cost
of such recordIng
Developer agrees to complete the Hotel Phase of the Project on or before
two (2) years after the Commencement Date of the Hotel Phase Developer
agrees to complete the ReSidential Tower Phase of the Project on or before
F ~m.c""ut'rtel"Cly Ot:lveloprnern.Pig1 12 wIU'i e)tJs 110c
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two (2) years after the Commenceme nt Date of the Residential Tower Phase
Developer agrees to complete the Residential/Retail Phase within eighteen
(18) month s after the Comm e ncement Date of the ResIde ntlal/Reta II Phase
In the event Developer proceeds with construction of ItS ResidentIal Tower
Phase with a building height greater than 100 feet pnor to completion of the
Hotel Phase, Developer shall provide to the City of Clearwater a letter of
credit In the amount of One Million Dollars ($1,000,000) that shall secure
Developer's obligations under this Agreement as to completion of the Hotel
Phase and which letter of credit shall remain In full force and effect until the
Construction CompletIon Certificate for the Hotel Phase IS recorded as
provided above The letter of credit shall be In a form reasonably acceptable
to the City In the event Developer defaults as to ItS obligations to commence
and/or complete the Hotel Phase and such default IS not cured wIthin any
applicable grace or cure penod, the City shaH have the right to draw on the
letter of credit and retain the full proceeds as liqUidated damages for such
default In the event for any reason Developer does not proceed with a
bUild I ng In the ReSidential T owe r Phase th at exceeds 1 00 feet In helg ht, th IS
provIsion shall be null and vOid and If a letter of credit has previously been
delivered to the City, It shall be promptly returned to Developer
7.03. City Not In PriVity. The City shall not be deemed to be In priVity of contract With any
Contractor or proVider of services WIth respect to the construction of any part of the Project
not constituting all or any part of pubhc Improvements
7 04. Construction Sequencing and Staging Area The Developer shall construct the Baymont
and Ambler Improvements In a manner and fashion which Will minimize the Inconvenience of
the construction on the property owners of Clearwater Beach and the reSidents of the CIty
The CIty agrees to allow Developer to use portions of Baymont and Ambler Streets as
desl g nated by the City fo r construction stag I ng and Project office, dun ng construction of the
ProJect, Without charge to the Developer, prOVided that such staging area and Project office
does not unreasonably affect the maintenance of access prOVided for In thiS Paragraph
ARTICLE 8. INDEMNIFICATION.
8.01. IndemOlfication by the Developer.
1 The Developer agrees to Indemnify, defend and hold harmless, the City, ItS
respective agents, officers, or employees from any and all liabilities, damages,
penalties, Judgments, claims, demands, costs, losses, expenses or attorneys' fees
through appellate proceedings, for personal InJury, bodily InJUry, death or property
damage ariSing out of, or by reason of any act or omission of the Developer, ItS
agents, employees or contractors arising out of, In connection With or by reason of,
the performance of any and all services covered by thiS Agreement, or which are
alleged to have ansen out of, In connection With or by reason of, the performance of
any and all services covered by thiS Agreement
2 The Developer shall Indemnify, defend and hold harmless the City, Its officers and
employees from any and aU lIabilities, damages, costs, penalties, judgments, claims,
demands, losses, or expenses (Including, but not limited to, actual' attorneys' fees
and englneenng fees) anslng from or attnbutable to any breach by the Developer, as
Development Agreement
Page 17
ADOPTED
F ~Vlurrtef'C.l' DewlOprne-.n1 .AQ1.12 Wlh ~.m5 doc.
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the case may be, of any representations or warranties contained In Section 9 01, or
covenants contained In Section 902
3 The Developer's lndemn Ity obligatio ns u nd e r su bsectlons (1 ) and (2) of th IS Section
shall survIVe the earlier of the Termination Date or the EXpiration Date, but shall
apply on Iy to occurrences, acts, 0 r om Isslons that an se on or before the ea rller of the
Termination Date or the EXpIration Date
4 The Developer's Indemnity hereunder IS In addition to and not limIted by any
Insurance policy and IS not and shall not be Interpreted as an Insurrng agreement
between or among the parties to thiS Agreement, nor as a waiver of sovereign
Immunity for any party entitled to assert the defense of sovereign Immunrty
8.02. lndemnlficatlon by the City.
1 To the extent permitted by law, the City agrees to Indemnify, defend and hold
harmless, the Developer, ItS respective officers, and employees from any and all
liabilities, damages, penalties, Judgments, claims, demands, costs, losses, expenses
or attorneys' fees through appellate proceedings, for personal InJUry, bodily InJury,
death or property damage arrslng out of, or by reason of, any act or omiSSion of the
City, ItS respectIve agents or employees arrslng out of, In connection with or by
reason of, the performance of any and all services covered by thiS Agreement, or
which are alleged to have arrsen out of, In connection with or by reason of, the
performance of any and all services covered by thiS Agreement
2 The City shall Indemnify, defend and hold harmless the Developer, ItS officers and
employees from any and all liabilities, damages, costs, penalties, Judgments, claims,
demands, losses, or expenses (including, but not limIted to, actual attorneys' fees
and englneenng fees) arising from or attrrbutable to any breach by the City, as the
case may be, of any representations 0 r wa rrantles conta I ned In Section 1 0 01, or
covenants contained In Section 10 02
3 The City's Indemnity obligatIons under thiS Section 8 02 shall survive the earlier of
the Term In atlon Date or the Expl ration Date, but s hall only apply to occurrences, acts
or omiSSions that arise on or before the earlier of the Termination Date or the
ExpIration Date The City's Indemnity hereunder IS not and shall not be Interpreted
as an Insunng agreement between or among the parties to thIS Agreement, but IS In
addition to and not limited by any Insurance policy provided that said obligation shall
not be greater than that permitted and shalt be limited by the provIsions of Section
76828, Flonda Statutes, or any successor statute thereto
8.03. Urn Itatlo n of In dem n lfication. N otwlthstandln g anyth Ing to the contrary co nta I ned herein,
with respect to the indemnification obligations of the Developer (as set forth In Section 8 01)
and the City (as set forth In Section 802), the follOWing shall apply
1 The IndemnifYing party shall not be responsible for damages that could have been,
but were not, mitigated by the Indemnrfled party,
2 The IndemnrfYlng party shall not be responsible for that portion of any damages
caused by the negligent or Willful acts or omissions of the Indemnified party, and
Development Agreement
Page 18
ADOPTED
F ,m""""",t'Cly Dew"'"","", AO\ 12...... ."', _
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3 There shall be no oblrgatlon to Indemnify hereunder In the event that the Indemnified
party (1) shall have effected a settlement of any claim without the prior written
consent of the IndemnifYing party, or (2) shall not have subrogated the IndemmfYlng
party to the Indemnified party's rights against any third party by an assIgnment to the
IndemnifYing party of any cause or action against such third party
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER.
9.01. RepresentatIons and Warranties The Developer represents and warrants to the CIty that
each of the follOWing statements IS currently true and accurate and agrees the City may rely
upon each of the follOWing statements
1 The Developer IS a FlOrida Limited Liability Company duly organIzed and validly
eXisting under the laws of the State of FlOrida, has all requIsite power and authOrity
to carry on ItS bUSiness as now conducted, to own or hold ItS properties and to enter
Into and perform ItS obligations hereunder and under each document or Instrument
contemplated by thiS Agreement to which It IS or Will be a party, IS qualified to do
bUSiness In the State of FlOrida, and has consented to servIce of process upon a
deSignated agent for service of process In the State of FlOrida
2 ThiS Agreement and, to the extent such documents presently eXist In a form
accepted by the City a nd the Developer, each document contem plated or reqUired by
thiS Agreement to which the Developer IS or Will be a party have been duly
authonzed by all necessary action on the part of, and have been or Will be duly
executed and delivered by, the Developer, and neither the execution and delivery
thereof, nor compliance With the terms and provIsions thereof or hereof (I) requires
the approval and consent of any other party, except such as have been duly
obtamed or as are specifically noted herein, (II) contravenes any eXisting law,
Judgment, governmental rule, regulation or order applIcable to or binding on the
Developer, (III) contravenes or results In any breach of, default under or, other than
as contemplated by thiS Agreement, results In the creation of any lien or
e ncu m bra nce u pan any prope rty of the Developer under a ny I ndentu re, mortgage,
deed of trust, bank loan or credit agreement, the Developer's Articles of
Organization, or, any other agreement or Instrument to which the Developer IS a
party or by which the Developer may be bound
3
ThiS Agreement and, to the extent such documents presently eXist In a form
accepted by the City and the Developer, each document contemplated or required by
thiS Agreement to which the Developer IS or Will be a party constitutes, or when
entered Into Will constitute, a legal, valid and binding obligation of the Developer
enforceable against the Developer In accordance With the terms thereof, except as
such enforceability may be limited by applicable bankruptcy, Insolvency or Similar
laws from tllne to time rn effect which affect creditors' rights generally and subject to
usual equItable princIples In the event that equItable remedies are mvolved
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4 There are no pending or, to the knowledge of the Developer threatened actions or
proceedings before any court or admlnrstratlve agency against the Developer, or
against any controlling shareholder, officer, employee or agent of the Developer
whIch question the validity of thiS Agreement or any document contemplated
Development Agreement
Page 19
ADOPTED
f "'mc'ilURtM'(:lv ~velopment Ag11.2 wtl1 c:ad\$ doc
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hereunder, or which are hkely In any case, or In the aggregate, to materially
adversely affect the consummation of the transactions contemplated hereunder or
the finanCial condItion of the Developer
5 The Developer has filed or caused to be filed all federal, state, local and foreign tax
returns, If any, which were reqUired to be filed by the Developer and has paid, or
caused to be paid, all taxes shown to be due and payable on such returns or on any
assessments levied against the Developer
6 All finanCIal informatIon and other documentation, including that pertaining to the
Project or the Developer, delivered by the Developer to the City was, on the date of
deJ1very thereof, true and correct
7 The pnnclpal place of business and pnnclpal executIve offIces of the Developer IS In
St Petersburg, Flonda, and the Developer Will keep records concerning the Project
(such as constructIon contracts, finanCing documents and corporate documents) and
all contracts, licenses and similar nghts relating thereto at an office In Pmel1as
County
8 As of the Effective Date, the Developer Will have the financial capability to carry out
Its obligations and responsibilities In connectIon WIth the development ofthe Project
as contemplated by thiS Agreement
9 The Developer has the expenence, expertise, and capabIlIty to develop, cause the
construction, and complete the Project and, oversee and manage the deSIgn,
planning, construction, completion and opening for bUSiness of the Project
9.02. Covenants. The Developer covenants With the CIty that until the earlier of the T ermmatlon
Date or the Expiration Date
1 The Developer shall timely perform or cause to be performed all of the obligatIons
contained herein which are the responsibility of the Developer to perform
2 Dunng each year that thiS Agreement and the oblIgations of the Developer under
thiS Agreement shall be In effect, the Developer shall cause to be executed and to
continue to be In effect those Instruments, documents, certificates, permits, licenses
and approvals and shall cause to occur those events contemplated by thiS
Agreement that are applicable to, and that are the responsibility of, the Developer
3 The Developer shall assist and cooperate With the City to accomplish the
development of the Project by the Developer In accordance With the Plans and
SpeCIficatIons, and thiS Agreement, and Will not Violate any laws, ordinances, rules,
regulations, orders, contracts or agreements that are or wlll be apphcable thereto
4 S ubseq uent to the Effective Date, the Developer shall malntal n ItS finanCial capability
to develop, construct and complete the Project and shall promptly notify the City of
any event, condition, occurrence, or change In ItS finanCial condition which adversely
affects, or With the passage of time IS likely to adversely affect, the Developer's
finanCIal capability to successfully and completely develop, construct and complete
the Project as contemplated hereby
Development Agreemenl
Page 20
ADOPTED
F 'ltmr;\hU1ller'\Ct1 OfI'11'elopmelll ACt 12 Mh ",.III1S QOC
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ARTICLE
5
The Developer shall promptly cause to be filed when due all federal, state, local and
foreign tax returns required to be filed by It, and shall promptly pay when due any tax
required thereby
6
Subject to Section 18 01, the Developer shall mamtam Its eXIstence, will not dIssolve
or substantially dissolve all of Its assets and Will not eonsolidate With or merge Into
another corporation, lImited partnership, or other entity or permit one or more other
corporations or other entIty to consolIdate With or merge Into It Without the pnor
approval of the City unless the Developer or an entity under common control With
Developer, retains a controlling Interest In the consolidated or merged entity, and Will
promptly notIfy the Glty of any changes to the eXistence or form of the entity or any
change In the control of the Developer
7
Other than sales and assignments contemplated by thiS Agreement, the Developer
shall not sell, lease, transfer or otherwIse dispose of all or substantIally all Its assets
Without adequate conSideration and Will otherwise take no action which shall have
the effect, Singularly or In the aggregate, of rendenng the Developer unable to
continue to observe and perform the covenants, agreements, and condItIOns hereof
and the performance of all other obligations required by thiS Agreement
8
Except for the removal of any structures, plants, Items or other things from the
Project Site necessary for construction of the Project to commence and conti nue, the
Developer shall not permit, commit, or suffer any waste or Impairment of the Project
or the Project Site prror to the Completion Date
9
PrOVided all conditions precedent thereto have been satisfied orwalved as provided
herein, the Developer shall acquire the Controlled Property as proVided In Article 5
hereof and shall pay the Purchase Price, as the case may be, when due and payable
as prOVided therein
10
PrOVided all conditions precedent thereto have been satIsfied or waived as proVided
herein, the Developer s hall des Ign, constru ct a nd com plete the ProJect su ch that It IS
substantially complete as prOVided In thiS Agreement no later than the deadline for
such completion as prOVIded In thIS Agreement
10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY.
10.01. Representations and Warranties The CIty represents and warrants to the Developer that
each of the follOWing statements IS currently true and accurate and agrees that the
Developer may rely on each of the follOWing statements
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2
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The City IS a vahdly eXisting body corporate and politiC of the State of Florrda, has all
requIsite corporate power and authorrty to carrY on ItS bUSiness as now conducted ---
and to perform Its obligatIons hereunder and under each document or Instrument
contemplated by thiS Agreement to which It IS or Will be a party
ThIS Agreement and, to the extent such documents presently exist In a form
accepted by the City and the Developer, each document contemplated or required by
thiS Agreement to which the CIty IS or Will be a party have been duly authorrzed by all
Development Agreement
Page 21
ADOPTED
F 'fmr;\~umJ.er'lf;.ty DewIopmEln1 A01 , 2: 'W'th (l~ aoc
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necessary actIon on the part of, and have been or will be duly executed and
delivered by, the City, and neither the execution and delivery thereof, nor complIance
with the terms and provIsions thereof or hereof (I) requires the approval and consent
of any other party, except such as have been duly obtained or as are specifically
noted herein, (II) contravenes any eXisting law, Judgment. governmental rule,
regulation or order applicable to or bindIng on the City, (III) contravenes or results In
any breach of, or default under or, other than as contemplated by this Agreement,
results In the creation of any lien or encumbrance upon any property of the City
under any Indenture, mortgage, deed of trust, bank loan or credit agreement,
applicable ordinances, resolutions or, on the date of this Agreement, any other
agreement or mstrument to which the City IS a party, specifically Including any
covenants of any bonds, notes, or other forms of Indebtedness of the City
outstanding on the Effective Date
3 This Agreement and, to the extent such documents presently eXist m a form
accepted by the City and the Developer, each document contemplated or required by
this Agreement to which the CIty IS or will be a party constitute, or when entered mto
will con stltute, legal, va lid a nd bind I ng obligation s of the CIty enforcea ble agal nst the
City In accordance with the terms thereof, except as such enforceability may be
limited by pUblic policy or applicable bankruptcy, Insolvency or similar laws from time
to time In effect whIch affect creditors' rrghts generally and subject to usual equitable
prrnclples In the event that equitable remedies are Involved
10.02. Covenants. The City covenants with the Developer that until the earlier of the Termination
Date or the Expiration Date
1 The CIty shall timely perform, or cause to be performed, all of the obligations
contamed herein which are the responsibility of the City to perform
2 DUring each year that this Agreement and the obligations of the City under this
Agreement shall be In effect, the City shall cause to be executed and to continue to
be In effect those Instruments, documents, certificates, permits, licenses and
approvals, and shall cause to occur those events contemplated by thIs Agreement
that are applicable to and are the responsibility of the Glty
3 The City shall assist and cooperate With the Developer to accomplish the
development of the Project In accordance With this Agreement and the Plans and
Specifications, Will carry out Its duties and responslbllltres contemplated by this
Agreement, and Will not Violate any laws, ordinances, rules, regulations, orders,
contracts, or agreements that are or Will be applicable thereto, and, to the extent
permitted by law, the Glty Will not enact or adopt or urge or encourage the adoption
of any ordinances, resolutions, rules, regulations or orders or approve or enter rnto
any contracts or agreements, Includmg ISSUing any bonds, notes, or other forms of
--Indebtedness, that Will result In any provISion of thiS Agreement lO be In Violation
thereof
4 Except for the demolition of eXisting structures on the Project Site and the removal of
objects from the Project SIte as contemplated by thIS Agreement, the City shall not
permit, commit, or suffer any waste or Impairment to the Project Site, nor shall the
City request or recommend any rezoning of the Project Site, or any part thereof,
Development Agreement
Page 22
ADOPTED
F 1t/l'\C:\l\u",~r"IC.v OfI'11&lcpment Agt ,:2 r.Nttl1l!l;d'J:!. doc
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which will prevent or adversely affect the development of the Project
5 The City shall maintain Its financial capability to carry out Its responsibilities as
contemplated by this Agreement and shall notify the Developer of any event,
condition, occurrence, or change In ItS fmanclal condItIon which adversely affects, or
with the passage of time IS I1kely to adversely affect, the City's financial capabIlity to
carry out ItS responsibilities contemplated hereby
ARTICLE 11. CONDITIONS PRECEDENT.
11.01. The Developer Acquiring Project Site. Unless thiS Agreement has been terminated
pursuant to Article 12 hereof, the obligation of the Developer to acquire the Project Site IS
subject to the fulfillment to the satisfaction of, or waiver In wntlng by, the Developer of each
of the follOWing conditions precedent
1 The Developer shall have received eVidence satisfactory to the Developer that the
Project SIte permits the uses contemplated In thiS Agreement
2 The Plans and Specifications as are required for Issuance of the BUIlding PermIt
requIred to commence construction of the Project shall have been approved by the
City In accordance with applicable ordinances, land use regulations, bUilding codes
and other regulations at the City
3 The Developer shall have obtained commitments from the Project Construction
Lender as provIded In Article 6 hereof
4 The CIty shall have closed and vacated any streets, alleys or other public nghts-ot-
way as may be necessary for the construction and use of the Project Site according
to the Plan and SpecificatIons, thiS Agreement and approved by resolution the
abandonment of all such nghts-ot-way In favor of the Developer
5 All Permits necessary for construction of the Project to commence shall have been
Issued and have become final and non-appealable
11.02. Construction of Project. Subject to termination of thiS Agreement pursuant to Article 12,
the obligation of the Developer to commence construction ot the Project on the
Commencement Date IS subject to the fulfillment to the satisfaction of, or waIVer In writing
by, the Developer of the follOWing conditIons
1 The Plans and SpeCifications that are necessary to commence construction shall
have been approved by the City, and the InitIal BUIlding Permit tor the
commencement of constructIon of that part of the Project and all other Permits
necessary for construction to commence have been Issued
2 The vacation of nghts.of-way as prOVided In SectIon 503 1 hereof
11.03. Respo nsi b llities of the Pa rtles for Co nditions Precedent. The partIes hereto sh all not,
IndIVidually or collectively, knowingly, intentionally or neghgently prevent any condition
precedent from occurnng, prOVIded, however, nothing In thiS Section IS Intended or shall be
deemed to deny any party the right to reasonably exerCise ItS dIscretIon to the extent
Development Agreement
Page 23
ADOPTED
F 'tmc\l'1unt!t'\Cily ~...elopmerrt Agt 1:2 wlh ew (jot;
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permitted by law or this Agreement
ARTICLE 12 DEFAULT, TERMINATION.
12.01. Project Default by the Developer.
1 There shall be an "event of default" by the Developer pertaining to the entire Project
upon the occurrence of anyone or more of the following
2
Development Agreement
Page 24
ADOPTED
a The Developer shall fall to perform or comply with any material provIsion of
thIs Agreement applicable to It within the time prescnbed therefor, after
receipt of a notice from the City pursuant to Paragraph 12 01 2 a , or
b The Developer shall make a general assIgnment for the benefit of Its
creditors, or shall admit In wntlng ItS Inability to pay ItS debts as they become
due or shall file a petition In bankruptcy, or shall be adjudicated a bankrupt or
Insolvent, or shall file a petition seeking any reorganlzatlon, arrangement,
composItIOn, readjustment, liqUidation, dissolution or Similar rehef under any
present or future statute, law or regulation or shall file an answer admitting,
or shall fall reasonably to contest, the matenal allegations of a petition filed
agal nst It I n any su ch proceed I ng, 0 r shall seek 0 r consent to or acq u lesce In
the appol ntment of any trustee, rece Iver or IIq u Idator of the Developer 0 r any
matenal part of such entity's propertIes, or
c Within sixty (60) days after the commencement of any proceeding by or
against the Developer seeking any reorgamzatlon, arrangement,
compositIon, readjustment, liqUidatIon, diSSolution or Similar relief under any
present or future statute, law or regulation, such proceeding shalf not have
been dismissed or otherwise termmated, or If, Within sixty (60) days after the
appointment Without the consent or acquiescence of the Developer of any
tru stee, receive r or Ilq u Id ato r of any of such entities or of any maten a I part of
any of such entity's properties, such appointment shall not have been
vacated, or
a
If an event of default by the Developer described In subsection 1 above shall
occur, the CIty shall provIde written notice thereof to the Developer, and, If
such event of default shall not be cured by the Developer Within thIrty (30)
days after receipt of the written notice from the City specIfying In reasonable
detaIl the event of default by the Developer, or If such event of default IS of
such nature that It cannot be completely cured Within such time penod, then If
the Developer shall not have commenced to cure such default WIthin such
thirty (30) day penod and shall not diligently prosecute such cure to
completion Within such reasonable longer penod of time as may be
necessary (provided, however, If the Developer IS proceed I ng diligently and
In good faIth, the curatIve penod shall be extended for a penod of not
exceeding SIX (6) months Without any approval or consent of the City being
required, but such approval Will be required If the curative penod IS to be
extended beyond SIX (6) months then, In addition to any remedy avaIlable
under Section 12 05, the City may terminate thiS Agreement or pursue any
and all legal or eqUitable remedies to whIch the CIty IS entItled, provided,
~ ~mcltluntiB:I'\Cly De\eIOP/'DI!:m. AQt ';2 wftI ft~5 001::
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however, If the Developer shall fall to cure such event of default within said
thirty (30) day or longer penod or ceases to proceed diligently to timely cure
such event of default, then the City may proceed to enforce other available
remedies without providing any additional notice to the Developer
b Any attempt by the City to pursue any of the above referenced remedies will
not be deemed an excl USlve election of remedy or waIver of the CIty'S nght to
pursue any other remedy to which either may be entitled
c Any tIme penods or deadlines provided In this Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder If
such event affects the Developer's or City's ability to perform by such
deadline or the expiration of such penod
3 Subject to the nghts of the Project Lender, If the City elects to cure a default under
Subsection 12 01 1 by the Developer, construction contracts, contract documents,
bUilding permIts, development permits, management agreements, and financial
commitments (all only to the extent assignable) with respect to the Project shall, If
such default has not been previously cured, on the day follOWing receipt by the
Developer of notrce from the City of ItS electIon to cure, be deemed then assigned to
the City making said electron, without necessIty of any other action bemg taken or
not taken by any party hereto The Developer shall transfer and deliver to the City
upon making said electIon, all assignable Plans and Specifications, working
drawings, construction eontracts, contract documents, financial commitments,
management agreements, and all Permits, and, at the direction of the CIty, the
defaulting the Developer shall vacate the Parcel(s)
4 NotwJthstandlng any provIsIon of thIs SectIon, a default by the Developer shall not
affect the title of any condominium unit or common area conveyed by the Developer
to an unrelated third party or to a condominium association which IS not controlled by
the Developer
12.02 Default by the City.
1 Provided the Developer IS not then In default under Section 12 01, there shall be an
"event of default" by the City under this Agreement In the event the CIty shall fall to
perform or comply With any matenal prOVISion of this Agreement applicable to It,
provided, however, that suspension of or delay In performance by the City dunng any
penod In which the Developer IS In default of this Agreement as provIded In Section
12 01 hereof Will not constitute an event of default by the City under this Subsection
1202
2
If an event of defau It by the City descn bed InS ubsectlon 12 02 1 shall occu r,
the Deve loper s ha II provide wntten notice thereof to the City, and, ~ afte r
expiration of the curative penod descnbed In paragraph b below, may
terminate thIs Agreement, Institute an actIon to compel specific performance
of the terms hereof by the City or pursue any and all legal or equitable
remed les to which the Developer IS entltled, provided, however, If the event
of default by the City occurs, any monetary recovery by the Developer In any
such action shall be limited to bona fide third-party out of-pocket costs and
--"
a
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Development Agreement
Page 25
ADOPTED
F ~mc'l'lun1A!li"'C.ly 1JtJ~lopmerrt AQI12 wlI'l e;d'Js. tJlXl
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expenses, In clud Ing reasonable attorneys' fees, Incurred by the Developer In
connection with this Agreement and the transactions contemplated hereby,
unless any such default by the City was willful and committed In bad faith
with reckless disregard for the nghts of the Developer
b The Developer may not terminate this Agreement or Institute an action
descnbed In Subsection 2 a above If the City cures such event of default
within thIrty (30) days after receipt by the City of wntten notice from the
Developer specifYing In reasonable detail the event of aefault by the City, or If
any such event of default IS of such nature that It cannot be completely eured
wIthin such penod, then withIn such reasonably longer penod of time as may
be necessary to cure such default, proVided however, If the City IS
proceeding diligently and In good faith, the curatIVe penod shall be extended
for a penod of not exceeding SIX (6) months without any approval or consent
of the Developer being reqUIred, but such approval will be required If the
curative penod IS to be extended beyond SIX (6) months after the notice of
default has been given by the Developer to the City If the City has
commenced to cure such default Within such thirty (30) day penod and IS
diligently prosecuting such curative actIon to completIon The City shall
WIthin said thirty (30) day penod or such longer penod promptly, diligently and
In good faith proceed to cure such event of default after receipt of the notice
from the Developer and shall succeed In cunng such event of default Within
said penod of time, proVided, however, Ifthe CIty shall fall to cure such event
of default Within saId thirty (30) day or longer penod or ceases to proceed
diligently to timely cure such event of default, then the Developer may
proceed With ItS available remedIes Without proViding any additional notice to
the City
c Any attempt by the Developer to pursue any of the remedies referred to In
paragraphs a and b above will not be deemed an exclUSive election of
remedy or waiver of the Developer's nght to pursue any other remedy to
which It might be entitled
d Any time periods or deadlines proVIded In thiS Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder If
such event affects the Developer's or City's ability to perform by such
deadline or the expiration of such penod
12.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herem to the
contrary, the specified nghts and remedies to which either the City or the Developer are
entitled under thiS Agreement are not exclUSive and are Intended to be In addition to any
other remedies or means of redress to which the City or the Developer may lawfully be
entitled and are not specifically prohibited by thiS Agreement The suspension of, or delay
In, the performa nce of Its obhg atlons by the Deve loper while the City shall at such tl me be In
default of their obligations hereunder shall not be deemed to be an "event of default" The
suspension of, or delay In, the performance of the obligations by the CIty whIle the
Developer shall at such time be In default of ItS obligations hereunder shall not be deemed to
be an "event of default" by the City
12.04. Non-Action on Failure to Observe ProvIsions of this Agreement The failure of the City
Development Agreement
Page 26
ADOPTED
F ~me'il'll.mt",f"L:;ly DiIlI....e-lopm~nt ACt 12 wtl'l iI!Iid't:s c:loc
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or the Developer to promptly or contlnually Insist upon stnct performance of any term,
covenant, conditIon or proVISIon of this Agreement, or any Exhibit hereto, or any other
agreement, Instrument or document of whatever form or nature contemplated hereby shall
n at be dee med a waiver of a ny right 0 r remedy that the City 0 r the Developer may have, and
shall not be deemed a waiver of a subsequent default or nonperformance of such term,
covenant, condition or provIsion
12.05. Termination Prior to Commencement of Project
1 The Developer and the CIty acknowledge and agree that as of the Effective Date
certam matters mutually agreed by the parties hereto to be essential to the
successful development of the Project have not been satisfied or are subject to
certam conditions, legal requirements or approvals beyond the control of any of the
parties hereto or which cannot be definitely resolved under this Agreement,
including, but not limited to, failure of a governmental authOrity to grant an approval
reqUired for development of the Project or Insurable title to the Project Site has not
been obtained In recognition of these events or condItions, the parties hereto
mutually agree that, prOVided the appropriate or responsIble party therefor diligently
and In good faith seeks to the fullest extent of ItS capabilities to cause such event or
condition to occur or be satisfied, the failure of the events or conditions listed In
subsection 2 below to occur or be satisfied shall not constItute an event of default by
any party under this ArtIcle 12, but may, upon the electIon of any party hereto, be the
basIs for a termination of this Agreement In accordance With this Section
2 In addition to any other fights of termmatlon proVided elsewhere In this Agreement,
pnor to commencement of the Project, thiS Agreement may be terminated as
prOVided In Subsection 3 of thiS section by the City or the Developer after the
occurrence of any of the following events or conditions (except for Subsection b , In
which event only the Developer may terminate thiS Agreement pursuant to thiS
subsection 2 )
a The appropriate governmental authOrity (including the City In exerCise of ItS
governmental ~nd regulatory authOrity and responsibility), llpon petition by
the Developer denies or falls to Issue the necessary order or other action
necessary, vacate flght-of-way as descnbed In SectIon 5 03, Issue the
Permits, Issue the BUilding Permits, or approve any other land use necessary
to commence constructIon of the Project on the Project Site, proVided the
Developer has proceeded diligently, expeditIously and In good faith to obtain
such approval, permits or other necessary actions,
b A preViously unknown sIte condition IS subsequently discovered and that
condition prevents successful development of the Project, or part of the
Project on the Project Site, or part ofthe Project Site (In whIch case only the
- Developer at his option can terminate the Project as not feaslble)-
3 Upon the occurrence of an event descnbed 10 subsection 2 or In the event that the
Developer or the City, after diligently and In good faith to the fullest extent ItS
capabilities, IS unable to cause a condItIon precedent to ItS respectIVe obligations to
occur or be satisfied, then the Developer or the City may elect to termlOate thiS
Agreement by giving a notice to the other party hereto Within thIrty (30) days of the
Development Agreement
Page 27
ADOPTED
F lm~\hufll~ily De...eIGpmenl AQt 12 Mlll!i.:tlls aoc
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occurrence of such event or the determination of InabIlIty to cause a condition
precedent to occur or be satisfied, statIng Its election to terminate this Agreement as
a result thereof, In which case thIs Agreement shall then terminate
4 In the event of a termination pursuant to this Section 12 05, neither the Developer
nor the City shall be obligated or liable one to the other In any way, financially or
otherwise, for any claim or matter arising from or as a result of this Agreement or any
actions taken by the Developer and the City, or any of them, hereunder or
contemplated hereby, and each party shall be responsible for Its own costs,
however, the provIsions of SectIons 901 and 1001 shall apply and shall survive
termination of this Agreement, the provISions of thIs Subsection 12 054 to the
co ntrary n otwlthsta nd I n9
12.06. TerminatIon Certificate.
1 In the event of a termination of this Agreement for any reason prior to the EXpiratIon
Date, each of the parties hereto do covenant and agree With each other to promptly
execute a certificate prepared by the party electing to termInate this Agreement,
which certificate shall expressly state that this Agreement has been terminated In
accordance With Its terms, IS no longer of any force and effect except for those
proVIsions hereof which expressly survive termInation, that the nghts, duties and
obligations of the parties hereto have been terminated and released (subject to
those survIVing proVIsions hereof) and that the Project Site IS no longer subject to
any restrictions, limitations or encumbrances Imposed by thIs Agreement
2 The certificate described In Subsection 1 shall be prepared 10 a form sUitable for
record1Og and promptly after execution by all of the parties hereto shall be recorded
In the pub/lc records of Pmellas County, FlOrida
ARTICLE 13. RIGHT TO CONTEST
13 01. Rig ht to Co ntest. Su bject to the co n d Itlons set forth In Se ctlon 13 02 be low, the City or the
Developer each may, at Its sole discretion and expense, afterpnorwrltten notice to the other
parties hereto, contest by appropriate action or proceeding conducted In good faith and With
due dlhgence, the amount or validity or application, In whole or In part, of any lien, any
payment of any taxes, assessments, Impact fees or other publiC charges of a Similar nature
that may from tIme to tIme be leVIed upon or assessed by any appropriate govemmental
authOrity against the Developer, the Project (or any part thereof), the Project Site, furnIture,
fixtures, eq u I pment or othe r persona I property thereon, and the revenues gene rated from the
use or operation of any or all of the above, any other payment speCifically Identified In this
Agreement, or compliance With any law, rule, regulation, or other such legal requirement
13.02. Conditions. The nght to contest any charge, payment or requirement pursuant to Section
13 01 IS subject to the follOWing
1 Such proceeding shall suspend the execution or enforcement of such charge,
payment or requirement,
2 Such proceeding Will not create any risk of Impairment of the acquIsition or
pre paratlon of the ProJect Site, the co nstru ctlon, co m pletlon, operation or use of the
Development Agreement
Page 28
ADOPTED
F ~mc\hlJnlerV;.1y ~wlopmenl.AQ1. 12 ~h I!I.lIftS doc
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Project, the Project Site, or any part thereof, In any matenal respect, and neither the
Project or Project Site, nor any part of the Project or the Project Site, would be
subJect to any nsk of bel ng I nvolu ntanl y sold, forfeited or lost or the acqUls It I on of the
Project Site or the construction, equipping, or completion of the Project or any part
thereof be delayed or prohIbited,
3 Such proceeding will not subject any other party to cnmlnalliabllity or risk of matenal
CIvil liability for failure to comply therewith, or Involve nsk of any matenal claim
against such party, and -
4 The party seeking the benefit of this Article shall have furnished to the other parties
such security, If any, as may be requIred In such proceedmg or as may be
reasonably requested by the others, to protect the Project and the Project Site, and
any part thereof, and any Interest of such parties hereunder
ARTICLE 14. ARBITRATION
14.01. Agreement to Arbitrate. Only as specifically provided In thiS Agreement and only If any
Judicial or administrative action or proceeding has not been commenced with regard to the
same matter and, If so, the party hereto commencing such action has not dismissed It, any
disagreement or dl spute betwee n the parties may be arbitrated In the manner set forth In th IS
Article 14 All parties hereby agree such arbitration, once commenced, shall be the
exclusIve procedure for resolving such disagreement or dispute and agree to be bound by
the result of any such arbitratIon proceeding unless all parties mutually agree to termmate
such proceeding pnor to decISion If any arbitration proceeding under thiS part adversely
affects the performance of any party hereunder, then any time penods provided herein for
such performance by that party shall be tolled dunng the pendency of the arbitration
proceeding affecting such performance
14.02. Appointment of Arbitrators.
1
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Unless accelerated arbitration as provided In Section 1408 hereof IS
mvoked, any party Invokmg arbItration herewith shall, Within five (5) days after
giving notice of Impasse In the dIspute resolution process or following the
expiration of the time penod for such dispute resolution process or upon
occurrence of the event permitting arbitration to be Invoked, gIve wntten
notice to that effect to the other parties, and shall m such notice appoint a
dISinterested person who IS on the list of qualified arbitrators maintained by
the Amencan Arbitration ASSOCiatIon or a diSinterested person not on such
list to whom an objection IS not made by any other party hereto within five (5)
days of receipt of the notice of such appOIntment as the arbitrator or, If more
than one (1) arbitrator IS to be appomted, as one of the arbitrators
b Within ten (10) days after receipt of the notice descnbed In paragraph (1), the
other parties shall by wntten notice to the anginal party acknowledge that
a rbltratlon has been mvoked as pe rmltted by thiS Agreement, and sh all either
accept and approve the appointment of such IndiVidual set forth In the
onglnal notice as a sole arbitrator or shall appoint one (1) diSinterested
person per party of recognized competence In such field as an arbitrator
Development Agreement
Page 29
ADOPTED
F ~mclhl.J"'lt!'rcily 001,ill;!1!)pm8tl1 Agt '2 win e:d15 !jQ(;
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2
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If two (2) arbitrators are appointed pursuant to subsection a above, the
arbitrators thus appointed shall appoint a third disinterested person who [S on
the lIst of qualified arbltrators maintained by the Amencan Arbitration
Association, and such three (3) arbitrators shall as promptly as poss[ble
determine such matter
b If the second arbitrator shall not have been appointed as provided In
su bsectl 0 n a , the fi rst arbitrator sh all, afte r te n (1 0) days notl ce to the
parties, proceed to determIne such matter -
c If the two (2) arbitrators appOInted by the parties pursuant to subsection a
sha II be u nabl e to ag ree wlthl n fifteen (15) days after th e a ppOI ntme nt of the
second arbitrator upon the appointment of a third arbitrator, they shall give
written notice of such failure to agree to the parties, and, If the parties then
fall to agree upon the selection of such thIrd arbitrator within fifteen (15) days
thereafter, then within ten (10) days thereafter each of the partIes upon
written notice to the other parties hereto may request the appointment of a
third arbitrator by the office In or for the State of Flonda (or If more than one
office, the office located closest to the City) of the Amencan Arbitration
Association (or any successor organlzat[on thereto), or, In ItS absence,
refusal, failure or Inability to act, request such appointment of such arbitrator
by the Umted States Dlstnct Court for the Middle Dlstnct of Flonda (which
request shall be filed In the diVISion of that court responsible for the
geographic area Including the City), or as otherwise provided In Chapter682,
Flonda Statutes, known and referred to as the Florrda Arbitration Act, as
amended
14.03, General Procedures. In any arbItratIon proceeding under thiS part, those parties appointing
arbitrators shall each be fully entitled to present eVidence and argument to the sole arbItrator
or panel of arbitrators The arbitrator or panel of arbitrators shall only Interpret and apply the
terms of thiS Agreement and may not change any such terms, or depnve any party to thiS
Agreement of any right or remedy expressed or Implied In thiS Agreement, or award any
damages or other compensation to any party hereto The arbitration proceedings shall
follow the rules and procedures of the Amencan Arbitration ASSOCiation (or any successor
organization thereto) unless specIfically modified by thiS Agreement, or as then agreed to by
the parties hereto
14.04. Majority Rule. In any arbitration proceeding under thiS part, the determination of the
majority of the panel of arbitrators, or of the sole arbitrator If only one (1) arbItrator IS used,
shall be concluSive upon the parties and Judgment upon the same may be entered In any
court haVing JUrisdiction thereof The arbitrator or panel of arbitrators shall give written
notice to the parties statmg hiS or their determination Within thirty (30) days after the
conclUSion of the heanng or final submiSSIon of all eVidence or argument
14 05 Replacement of Arbitrato r. I n the eve nt of the fall ure, refusa I or 1 nablllty of any arbitrator to
serve as such, promptly upon such determinatIon being made by the affected arbItrator, the
affected arbItrator shall give notice to the other two (2) arbitrators (If applicable) and to the
parties hereto, and then a new arbitrator shall be promptly apPOInted as a replacement,
which apPointment shall be made by the party or the arbitrators who apPointed the affected
arbitrator In the same manner as provided for In the onglnal appointment of the affected
Development Agreement
Page 30
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F ~mC"'untfif'ICl~ Oe\eIDpmElnl AQ1. 12 Yilh ~~ ,aoe
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arbitrator In Section 1402 hereof
14.06. Decision of Arbitrators.
1 If any decIsion reached by arbitration as provided In this part requires performance
by the Developer, the Developer covenants and agrees to comply with any deCIsIon
of the arbltrator(s) promptly after the date of receipt by the Developer of such
decIsion, and to continue such performance to completion with due diligence and In
good faith -
2 If any su ch decISion req u Ires perio rmance by the City, the City covena nts and ag rees
to comply promptly wIth any deCISion reached by arbitrators) promptly after the date
of receipt by the City of such decIsion, and to continue such performance to
completion with due diligence and In good faith
3 Nothing In thiS part, nor In any arbitration decIsion rendered under thiS part, shall be
construed to require any payment by the City to the Developer not otherwIse
proVided for herem
14.07 Expense of Arbitration. The expenses of any arbitration proceeding pursuant to thIS part
shall be borne equally by the parties to such proceeding, provided, however, forthe purpose
of thiS Section 1407, "expenses" shall Include the fees and expenses of the arbitrators and
the Amencan Arbitration AssocIation with respect to such proceeding, but shall not Include
attorneys' fees or expert Witness fees, or any costs Incurred by attorneys or expert
Witnesses, unless (and to the extent) agreed to by the parties to such proceeding, which In
the a bsence of such Agreement shall be the res pan s I blllty of the party lncum ng such fees 0 r
costs
14.08 Accelerated Arbitration
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If any of the parties to any arbitration proceeding under thiS part determines
the matte r for arbitration s hou Id be deCided on an expedited basIs, then after
an Initial election to Invoke arbitration pursuant to Section 1402 hereof has
been made, eIther party to such proceeding may Invoke aecelerated
arbitration by giVing notice thereof to the other parties no later than three (3)
days after arbitration has been Initially Invoked and the other parties do not
object within three (3) days thereafter
b Accelerated arbitration, for purposes of thiS Section 1408, shall be
accomplished by either party notifying the American Arbitration AssociatIon
(or any successor organization thereto) that the parties have agreed to a
single arbitrator, qualified to deCide the matter for arbitration, to be appOinted
by the Amencan ArbItration AsSOCiation (or any successor orgamzatlon
there'lo) with the consent of the parties to such proceeding within three (3)
days after receipt of the request and to deCide such matter within five (5)
days after such apPOIntment
c If an arbitrator IS not so appointed with consent of the parties to the
proceeding within three (3) days after the notice referred to In paragraph (2)
IS received by the American ArbItration ASSOCiation, the accelerated
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proceeding under this Section 1408 shall terminate and the procedures
otherwise set forth In this Article 14 shall apply, unless the parties mutually
agree to an extension of such time penod
2 The Developer and the City hereby agree to use such accelerated procedure only
whe n reaso nably necessary, to not co ntest the a ppo I ntment of the arbitrator or his or
her decIsion except as may be permItted by law, and that all other provIsions of this
part, except as are In conflict with this Section 1408, remain In effect and applicable
to an accelerated arbitratIon proceeding -
14.09. Ap pi ica ble Law To the extent not Inca ns Iste nt With th IS article, a ny arbitration proceed] ng
under this article shall be governed by the provIsions of Chapter 682, Flonda Statutes, as
amended, known and referred to as the Florrda ArbitratIon Code
14.10. Arbitration Proceedings and Records. Any arbitration hearrng under this article shall be
considered a meeting subject to Section 286 011, Florrda Statutes, and shall be open to any
member of the public Unless otherwise rendered confidential pursuant to or by the
operatIon of any applicable law or order (other than an order by a sole arbitrator or panel of
arbitrators acting under thiS part), the record of such proceedings shall be a publiC record
under Chapter 119, Florrda Statutes
ARTICLE 15 UNAVOIDABLE DELAY.
15.01. Unavoidable Delay
1 Any delay In performance of or inability to perform any obligation under thiS
Agreement (other than an obligation to pay money) due to any event or condition
descnbed In paragraph (b) as an event of "Unavoidable Delay" shall be excused In
the manner prOVided In thiS Section 1501
2 "Unavoidable Delay" means any of the follOWing events or conditions or any
combination thereof acts of God, litigation whIch has the effect of precluding
reasonable satisfaction of the obligations of thiS Agreement, acts Qf the public
enemy, not, Insurrection, war, pestilence, archaeological excavations required by
law, unavaIlabilIty of matenals after timely ordenng of same, epidemiCS, quarantine
restrrctlons, freight embargoes, fire, lightning, hUrricanes, earthquakes, tornadoes,
floods, extremely abnormal and exceSSively Inclement weather (as Indicated by the
records of the local weather bureau for a five-year penod preceding the Effective
Date), stnkes or labor disturbances, delays due to proceedmgs under Chapters 73
and 74, Flonda Statutes, restoration In connection With any of the foregOing or any
other cause beyond the reasonable control of the party performing the obligation In
question, includIng, Without limitation, such causes as may an se from the act of th e
other party to thiS Agreement, or acts of any governmental authonty (except that acts
of the City shall not constItute an UnavoIdable Delay WIth respect to performance by
the City)
3 An applicatIon by any party hereto (referred to In thIS Subsection 3 and In
S ubsectl 0 n 4 as the "Appllca nt") for an extension of time pursua nt to th IS subsection
must be In wntlng, must set forth In detail the reasons and causes of delay, and
must be filed With the other party to thiS Agreement Within seven (7) days follOWing
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the occurrence of the event or condition causing the Unavoidable Delay or seven (7)
days following the Applicant becoming aware (or With the exercise of reasonable
diligence should have become aware) of such occurrence
4 The Applicant shall be entitled to an extension of time for an Unavoidable Delay only
for the number of days of delay due solely to the occurrence of the event or condition
causing such Unavoidable Delay and only to the extent that any such occurrence
actually delays that party from proceeding With ItS nghts, duties and obligations under
thiS Agreement affected by such occurrence -
ARTICLE 16 RESTRICTIONS ON USE
1601 ProJect. Pnor to the earlier of the Termination Date or the Expiration Date, no use of the
Project, other than as descnbed In Section 203, shall be permitted, other than the operation
of Improvements eXisting on the Effective Date until those Improvements are demolished,
unless and until the Developer or the person, If other than the Developer, intending to so use
the Project or Project Site, shall file With the City a request for a release from the restnctlOn
Imposed by thiS Section The Governing Body of the City shall promptly consider such
request and either deny the request, approve the request as filed, or approve the request
subject to such terms, conditions and limitations as the City may reasonably require Unless
specifically requested and approved, a release of the restnctlon Imposed by thiS Section
shall not release the Developer from any obligations or restnctlons Imposed by thiS
Agreement or any agreement, Instrument or document contemplated hereby
ARTICLE 17. FIRE OR OTHER CASUALTY, CONDEMNATION
17.01 Loss or Damage to Project
1 Until the Project Completion Date, and Without regard to the extent or availability of
any Insurance proceeds, the Developer covenants and agrees to diligently
commence and complete the reconstruction or repair of any loss or damage caused
by fire or other casualty or by eminent domain (prOVided the City IS not the
condemning authonty) to each and every part of the Project on a Parcel which It
owns to substantially the same Size, floor area, cubiC content and general
appearance as eXisted pnor to the occurrence of such loss or damage, promptly
after the City approves the Plans and Specifications for such reconstruction or
repaIrs
2 The City shall review the Plans and SpeCifications for such reconstruction or repairs
as soon as pOSSible after filing thereof by the Developer The City agrees to approve
the Plans and SpeCifications for such reconstruction or repairs If the reconstruction
or repairs contemplated by such Plans and SpeCifications Will restore the Project, or
the damaged portion thereof, to substantially the same condition as eXisted pnor to
the occurrence of such loss or damage and If such Plans and SpeCifications conform
to the applicable laws, ordinances, codes, and regulations In effect at the time of
filing With the City of the plans and speCifications for such reconstruction or repairs
17.02. Partial Loss or Damage to Project. Until the Project Completion Date, any loss or damage
by fire or other casualty or exercise of eminent domain to the Project or Project Site, or any
portion thereof, which does not render the Project or Project Site unusable for the use
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contemplated by Section 203 of this Agreement, shall not operate to terminate this
Agreement or to relieve or discharge the Developer from the timely performance and
fulfillment of the Developer's obligations pursuant to this Agreement, subject to an extension
of time for an Unavoidable Delay
17.03. Project Insurance Proceeds
1 Whenever the ProJect, or any part thereof, shall have been damaged or destroyed,
the Developer shall promptly make proof of loss and shall-proceed promptly to
collect, or cause to be collected, all valid claims which may have ansen against
Insurers or others based upon such damage or destructIon
2 Subject to the rrghts of a Project Lender, the Developer agrees that all proceeds of
property or casualty Insurance received by the Developer as a result of such loss or
damage shall be available and shall be used for payment of the costs of the
recon structlon or re pa I r of the Project to the exte nt necessa ry to repair or reconstruct
the Project
17.04. Notice of Loss or Damage to Project The Developer shall promptly give the City written
notice of any signIficant damage or destruction to the Project stating the date on which such
damage or destruction occurred, the expectations of the Developer as to the effect of such
damage or destruction on the use of the ProJect, and the proposed schedule, If any, for
repair or reconstruction of the Project
17.05 Condemnation of Project or Project SIte; Application of Proceeds. In the event that
part, but not all, of the Project or PrOject Site, or both, shall be taken by the exercise of the
power of eminent domain at any time before the Expiration Date, subject to the nghts of a
Project Lender, the compensatIon awarded to and received by the Developer shall be
applied first to the restoration of the Project, provIded the Project can be restored and be
commerCIally feaSible for Its Intend8d use as contemplated by Section 2 03 1 of thiS
Agreement after the taking, and, If not, can be retained by the Developer
ARTICLE 18. MISCELLANEOUS
18.01. Assignments.
1 By the Developer
a Prior to the Commencement Date, the Developer may sell, convey, assign or
otherwise dispose of any or all of ItS fight, title, Interest and obligations In and
to the Project, or any part thereof, only With the prior wfltten consent of 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
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b If the assignee of the Deve lope r' s fig ht, 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,
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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
c An assignment of the Project, or any part thereof, by the Developer to any
corporation, limited partnership, limited liabIlity company, general partnership,
or JOint venture, In which the Developer (or an entity under common control
with Developer) has either the controlling Interest or through a JOint venture
or other arrangement shares equal management rights and maintains such
controlling Interest or equal management rights shall not be deemed an
assIgnment or transfer subject to any restriction on or approvals of
assignments or transfers Imposed by this Section 18 01, provided, however,
th at notice of su ch asslg nment shall be given by the Developer to the City not
less than thIrty (30) days prior to such assignment being effective and the
assignee shall be bound by the terms of thiS Agreement to the same extent
as would the Developer In the absence of such assignment
d No assIgnee, purchaser, sublessee or acquire of all or any part of the
Developer'S rights and obligations with respect to anyone Parcel shall In any
way be obligated or responsIble for any of the Developer'S obligations with
respect to a ny other Parcel by virtue of th IS Ag reement un less and until su ch
assignee, purchaser, sublessee or acquire has expressly assumed the
Developer'S such other obligations
18.02. 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 and Its successors and assigns,
except as may otherwise be specifically proVided herein
18.03. Notices.
1 All notIces, demands, requests for approvals or other communications given by
eIther party to another shall be In writing, and shall be sent by registered or certified
mall, postage prepaid, return receipt requested or by courier service, or by hand
dellvery to the office for each party Indicated below and addressed as follows
To the Developer
To the City
CBR Development I, LLC and
CBR Development 11, LLC
2201 - 4th Street North, SUite 200
St Petersburg, FL 33704
Attn J Michael Cheezem
City of Clearwater
112 S Osceola Avenue
Clearwater, FL 33756
With copies to
With copies to
E 0 (Ed) Armstrong, III
POBox 1368
Clearwater, FL 33757
Pam Akm, EsqUire
Clearwater City Attorney
112 S Osceola Avenue
Clearwater, FL 33756
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and
Greene & Schermer
1301 - 6th Avenue West
SUite 400
Bradenton, FL 34205
Attn Robert F Greene, Esquire
2 Notices given by courier service or by hand delivery shall be elfectlve upon delivery
and notices given by mall shall be effective upon receipt Refusal by any person to
accept delivery of any notice delivered to the office at the address indicated above
(or as It may be changed) shall be deemed to have been an effective delivery as
provided In thiS Section 18 03 The addresses to which notices are to be sent may
be changed from time to time by written notice delivered to the other parties and
such notices shall be effective upon receipt Until notice of change of address IS
received as to any particular party hereto, all other parties may rely upon the last
address given
18.04 Applicable Law and Construction The laws of the State of FlOrida shall govern the
validity, performance and enforcement of thiS Agreement ThiS Agreement has been
negotiated by the City and the Developer and the Agreement, including, without limitation,
the ExhibitS, shall not be deemed to have been prepared by the City or the Developer, but by
all equally
1805 Venue; Submission to JUrisdiction
1 For purposes of any SUit action, or other proceeding arising out of or relating to thiS
Agreement, the parties hereto do acknowledge, consent, and agree that venue
thereof IS Plnellas County, FlOrida
2 Each party to thiS Agreement hereby submits to the JUriSdiction of the State of
FlOrida, Plnellas County and the courts thereof and to the JUriSdiction of the United
States District Court for the Middle District of FlOrida, for the purposes of any SUit,
action, or other proceeding arising out of or relating to thiS Agreement and hereby
agrees not to assert by way of a motion as a defense or otherwise that such action IS
brought In an inconvenient forum or that the venue of such action IS Improper or that
the subject matter thereof may not be enforced In or by such courts
3 If at any time dUring the term of thiS Agreement the Developer IS not a resident of the
State of FlOrida or has no officer, employee, agent or member thereof available for
service of process In the State of FlOrida, or If any permitted assignee thereof shall
be a foreign corporation, partnership or other entity or shall have no officer,
employee, agent, or member available for service of process In the State of FlOrida,
the Developer hereby designates the Secretary of State, State of FlOrida, ItS agent
for the service of process In any court action between It and the City, or both, arising
out of or relating to thiS Agreement and such service shall be made as prOVided by
the laws of the State of FlOrida for service upon a non-resident, provided, however,
that at the time of service on the FlOrida Secretary of State, a copy of such service
shall be delivered to the Developer at the address for notices as prOVided In 18 03
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18 06. Estoppel Certificates. The Developer and the City shall at any time and from time to time,
upon not less than ten (10) days prior notice by another party hereto, execute, acknowledge
and deliver to the other parties a statement In recordable form certifYing that this Agreement
has not been modified and IS In full force and effect (or If there have been modifications that
the said Agreement as modified IS In full force and effect and setting forth a notation of such
modifications), and that to the knowledge of such party, neither It nor any other party IS then
In default hereof (or If another party IS then In default hereof, stating the nature and details of
such default), It being Intended that any such statement delivered pLii'suant to this Section
18 06 may be relied upon by any prospective purchaser, mortgagee, successor, assignee of
any mortgage or assignee of the respective Interest In the Project, If any, of any party made
In accordance with the provIsions of thiS Agreement
18.07 Complete Agreement; Amendments.
1 ThiS Agreement, and all the terms and provIsions contained herein, Including without
limitation the Exhibits hereto, constitute the full and complete agreement between
the parties hereto to the date hereof, and supersedes and controls over any and all
pnor agreements, understandings, representations, correspondence and statements,
whether written or oral
2 Any provIsion of thiS Agreement shall be read and applied In para matena with all
other provIsions hereof
3 ThiS Agreement cannot be changed or revised except by written amendment signed
by all parties hereto
18.08 Captions. The article and section headings and captions of thiS Agreement and the table of
contents preceding thiS Agreement are for convenrence and reference only and In no way
define, limit, describe the scope or Intent of thiS Agreement or any part thereof, or In any way
affect thiS Agreement or construe any article, section, subsection, paragraph or provIsion
hereof
18 09 Holidays. It IS hereby agreed and declared that whenever a notice or performance under
the terms of thiS Agreement IS to be made or given on a Saturday or Sunday or on a legal
holiday observed In the City, It shall be postponed to the next follOWing business day
18.10. Exhibits. Each Exhibit referred to and attached to thiS Agreement IS an essential part of thiS
Agreement The Exhibits and any amendments or reVISions thereto, even If not phYSically
attached hereto shall be treated as If they are part of thiS Agreement
18 11 No Brokers. The City and the Developer hereby represent, agree and acknowledge that no
real estate broker or other person IS entitled to claim or to be paid a commiSSion as a result
of the execution and delivery of thiS Agreement, including any of the Exhibits
18 12 Not an Agent of City DUring the term of thiS Agreement, the Developer hereunder shall not
be an agent of the City with respect to any and all services to be performed by the Developer
(and any of ItS agents, assigns, or successors) with respect to the Project
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18.13. Recording of Development Agreement. Pursuant to 9163 3239, Florida Statutes (2004),
the City authorizes and hereby directs the City Clerk to record this Agreement In the public
records of Plnellas County, Florida, within fourteen (14) days after City CounCil approval of
thiS Agreement The Developer shall pay the cost of such recording A copy of the recorded
development agreement shall be submitted to the state land plannrng agency within fourteen
(14) days after the agreement IS recorded
18 14. Public Purpose The parties acknowledge and agree that thiS Agreement satisfies, fulfills
and IS pursuant to and for a public purpose and municipal purpose and IS In the public
Interest, and IS a proper exercise of the City's power and authority
18 15 No General Obligation. In no event shall any obligation of the City under thiS Agreement
be or constitute a general obligation or Indebtedness of the City or the City, a pledge of the
ad valorem taxing power of the City or the City or a general obligation or Indebtedness of the
City or the City within the meaning of the Constitution of the State of FlOrida or any other
applicable laws, but shall be payable solely from legally available revenues and funds
Neither the Developer nor any other party under or benefiCiary of thiS Agreement shall ever
have the right to compel the exercise of the ad valorem taxing power of the City, the City or
any other governmental entity or taxation In any form on any real or personal property to pay
the City's or the City's obligations or undertakings hereunder
1816. Other Requirements of State Law Nothing In thiS Agreement shall be deemed to relieve
either party from full compliance with any provISion of State law which IS applicable to any of
the obligations or undertakings prOVided for In thiS Agreement In the event that thiS
Agreement omits an obligation to comply with any provISion of State law In regard to any of
the obligations or undertakings provided for In thiS Agreement, It IS the Intention of the
parties that such applicable State law shall be deemed Incorporated Into thiS Agreement and
made a part thereof In the event that there IS any conflict between the provISions of thiS
Agreement and applicable State law, It IS the intention of the parties that the Agreement shall
be construed to Incorporate such provISions of State law and that such provISions shall
control
18.17. Techmcal Amendments, Survey Corrections In the event that due to minor InaccuraCies
contained herein or any Exhibit attached hereto or any other agreement contemplated
hereby, or due to changes resulting from technrcal matters arising dUring the term of thiS
Agreement, the parties agree that amendments to thiS Agreement required due to such
inaCCUraCies, unforeseen events or circumstances which do not change the substance of
thiS Agreement may be made and Incorporated herein The City Manager IS authorized to
approve such technrcal amendments on behalf of the City, respectively, and IS authorized to
execute any required Instruments, to make and Incorporate such amendment to thiS
Agreement or any Exhibit attached hereto or any other agreement contemplated hereby
18.18 Term, EXpiration; Certificate
1 If not earlier terminated as prOVided In Section 12 05, thiS Agreement shall expire
and no longer be of any force and effect on the tenth annrversary of the Effective
Date
2 Upon completion of the term of thiS Agreement, all parties hereto shall execute the
Agreement Expiration Certificate The Agreement Expiration Certificate shall
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constitute (and It shall be so provided In the certificate) a conclusive determination of
satisfactory completion of all obligations hereunder and the eXpiration of this
Agreement
3 In the event of any dispute as to whether any party IS required to execute the
Agreement EXpiration Certificate, the dispute shall be resolved by arbitration as
provided In Article 14
4 The Agreement EXpiration Certificate shall be In such form -as Will enable It to be
recorded In the public records of Pine lias County, FlOrida FollOWing execution by all
of the parties hereto, the Agreement EXpiration Certificate shall promptly be recorded
by the Developer In the public records of P,nellas County, FlOrida and the Developer
shall pay the cost of such recording
1819. Approvals Not Unreasonably Withheld The parties hereto represent that It IS their
respective Intent as of the Effective Date and do covenant and agree In the future that all
approvals, consents, and reviews Will be undertaken and completed as expeditiously as
possible, In good faith, and Will not be arbitrarily or unreasonably withheld, unless otherwise
expressly authorized by the terms of thiS Agreement
18.20. Effective Date. As provided by 91633239, FlOrida Statutes (2004), thiS agreement Will
become effective after being recorded In the public records In the county and 30 days after
having been received by the state land plannrng agency
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGES FOLLOW
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IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals
affixed as of this _ day of , 2004
THE CITY OF CLEARWATER, FLORIDA
Attest
By
By
City Clerk
Mayor
Approved as to form and correctness
I Esquire
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing Instrument was acknowledged before me thiS _ day of ,
2004 by and , Mayor and City Clerk,
respectively, for the City of Clearwater, Flonda, on behalf of the City, who IS 0 personally known to
me or 0 has produced a Flonda dnver's license or 0 as
Identification
NOTARY PUBLIC
Pnnted Name
Commission No
My Commission expires
Development Agreement
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CBR DEVELOPMENT I, LLC,
a Flonda limIted liability company
By CBR Communities I, Ltd ,
a Flonda limited partnership
Managing Member
By JMC CommunItIes of Clearwater V, Inc
a Flonda corporation, General Partner
By
Name J Michael Cheezem
Title CEO
./
STATE OF FLORIDA
COUNlY OF PINELLAS
The foregOing Instrument was acknowledged before me thIs _ day of ,
2004, J Michael Cheezem, as CEO of JMC Communities of Clearwater V, lnc, a Flonda
corporation, the General Partner of CBR Communities I, Ltd , a Florida limited partnership, the
Managing Member of CBR Development J, LLC, a Flonda limited liability company, who IS 0
personally known to me or 0 has produced a Flonda driver's license or 0
as Identification
NOTARY PUBLIC
Printed Name
CommIssion No
My Commission expires
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CBR DEVELOPMENT II, LLC,
a Florida limited liability company
By CBR Communities II, Ud ,
a Florida limited partnership
Managmg Member
By JMC Communities of ClearWater VI, Inc
a Florida corporatIon, General Partner
By
Name J Michael Cheezem
Title CEO
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregOing Instrument was acknowledged before me this _ day of ,
2004, J Michael Cheezem, as CEO of JMC Communities of Clearwater VI, Inc, a Florida
corporation, the General Partner of CBR Communities II, Ltd, a Florida limited partnership, the
Managing Member of CBR Development II, LLC, a Florida limited Ilablhty company, who IS 0
personally known to me or 0 has produced a Flonda dnver's hcense or 0
as Identification
NOTARY PUBLIC
Printed Name
CommISSion No
My CommiSSion expires
"
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EXHIBIT A
Legal Description of Controlled Property
SOUTH BLOCK
Lots 1 - 13 and 49 - 56, Clearwater Beach Park, as per plat thereof recorded In Plat Book 10, Page
42, of the Pubhc Records of Prnellas County, Florida
Lots 43 through 48, Lots 65 through 71, and the South 14 75 feet of Lot 64, CL~RWATER BEACH
PARK, as recorded In Plat Book 10, Page 42, of the PubliC Records of Prnellas County, Florida
NORTH BLOCK
PARCEL 1
THAT PART OF TRACT A OF A RE-SUBDIVISION OF BLOCK 10 AND 11, AN D LOTS 2 TO 15,
INCLUSIVE, BLOCK 9, OF THE REVISED MAP OF CLEARWATER BEACH, AS RECORDED IN
PLAT BOOK 19, PAGE 96, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS
BEGIN AT THE SOUTHEAST CORNER OF THE SAID TRACT A AS SHOWN AS 368 ACRES,
TO THE POINT OF BEGINNING, BEING A POINT AT THE INTERSECTION OF THE NORTH
LINE OF BAYMONT STREET, AS SAID BAYMONT STREET IS SHOWN ON SAID RE-
SUBDIVISION OF BLOCKS 10 AN D 11 AN D LOTS 2 TO 15, I NCLUSIVE, BLOCK 9 OF THE
REVISED MAP OF CLEARWATER BEACH, WITH THE WESTERLY LINE OF MANDALAY
ROAD, AND RUN THESE N 20045'00" E, 18223 FEET, THENCE N 01044'00" E, 110 51 FEETTO
THE CENTERLINE OF AMBLER STREET, SAID AMBLER STREET IS SHOWN AND DEDICATED
AS A PUBLIC STREET IN THE REVISED MAP OF CLEARWATER BEACH, AS RECORDED IN
PLAT BOOK 11, PAGE 5, OF THE PUBLIC RECORDS OF PINELLAS GOUNTY, FLORIDA,
THENCE WEST ALONG THE CENTERLINE OF SAID AMBLER STREET 42000 FEET, MORE
OR LESS, TO THE WATER OF THE GULF OF MEXICO, THENCE IN A SOUTHERLY
DIRECTION ON A MEANDERING LINE ALONG THE WATERS OF THE GULF OF MEXICO,
321 00 FEET, MORE OR LESS, TO THE CENTERLINE OF SAID SA YMONT STREET, THENCE
EAST 385 00 FEET, MORE OR LESS, ALONG SAID CENTERLINE OF BA YMONT STREET TO A
POINT 4000 FEET SOUTH OF THE POINT OF BEGINNING, THENCE NORTH 40 00 FEET TO
THE POINT OF BEGINNING
PARCEL 2
THE NORTH 20 00 FEET OF VACATED AMBLER STREET LYING WEST OF THE EAST LI NE OF
LOT 9, PROJECTED SOUTH AS SHOWN ON THE PLAT OF MI LLER'S REPLA T, AS RECORDED
IN PLAT BOOK 26, PAGE 17, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA
PARCEL 3
LOT 1 AND 10ANDTHE SOUTH 80 00 FEET OF LOT9 OF MILLER'S REPLAT, AS RECORDED
IN PLAT BOOK 26, PAGE 17, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA
Development Agreement
Page 44
ADOPTED
F ~mc't1unt~illy Dflwlopmerrt Ag112 wiI'1 e)tjs. c:loc
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EXHIBIT G
List of Required Permits
The following Permits/Approvals will be requIred and Issued for development
Permits
· City of Clearwater - BUlldmg Perrmt
· City of Clearwater - RIght of Way Use Perrmt
· FDEP - CCCL Permit
· FDEP - Sewer Permit
. FDEP - National Pollution Discharge Elimmatlon System Permit
· Plnellas County Health Department - Water
· SWFWMD - Environmental Resource PermIt
· SWFWMD, Army Corps, Fish & Wildlife - Boat Docks
Approvals
· Community Development Board - Site Plan
· Clearwater City Councll- Development Agreement
· City of Clearwater Board of Adjustments - Seawall Setback Variance
· City of Clearwater Board of Adjustments - Flood Zone Improvements
· City CounCil - VacatIon of Gulfvlew Boulevard
Development Agreement
Page 76
ADOPTED
F ~md1unmr'Lty OItW~ent ACt , :2 wIh &~!li doc
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GENERAl SUBMITTA' NOTES
t SEE M I~EE1l:5 P!.AM5 F~ Dl'AlNAGe.
RET~;IO>l, AND TRee D"..nCl.11 W PVl'l~
2' SEE AACHlTfCT5 Fi.A."6 FOR All. COf~E.~
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Development Agreement
Page 80
ADOPTED
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EXHIBIT H.2
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LIFT STATION IMPROVEMENTS
NORT1i
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Development Agreement
Page 82
ADOPTED
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F ~mc""un1.6rlCly DfJ~lopmenl AQ1. 12 WII:t1 e:ttJs !:IO(;
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EXHIBIT H-3
City Lift Station Requirements
1 New electrical equipment should be provided ThiS will allow continued operatIon of the
11ft station uninhibited until the new equipment IS ready to be placed In service
2 Spare condUits Will be Installed for use as needed by the City
3 Easements will be granted to the City over the building room and conduit corrrdor
4 All work Will be approved by the City before construction All permits must be paid for
and obtained by the Developer
5 The electncal control room must be of suffiCient Size to allow future equIpment
Improvements and accommodate at least two electnclans working In the area The room should
either have a window or the resort understands the door Will remain open when needed, so
maintenance staff has line of site vIew to the wet well The room must be climate controlled
6 Locks for the room Will be City standard The City cannot proVide City keys to pnvate
entities
7 An HOA (Hand, Off, Automatic) panel must be at the wet well area for control of the
station
8 The development Will provIde backup generator power on the line Side of the power feed
for the 11ft station
9 A generator receptacle must be provided at the 11ft station
10 There must be an area light to Illuminate the 11ft station area
11 There cannot be any overhead restnctlons In the lift station area
12 A second odor control umt IS suggested to help ensure that odors do not escape the 11ft
station area
13 Developer agrees that the 11ft station sIte IS a valuable City asset, and maintenance must
be performed, as the City deems necessary, to ensure the proper operation Maintenance may
mclude use of heavy equipment, such as a vacuum, crane, generator, etc Developer WIll not
Inhibit any activities the City deems necessary to ensure operation of the lift station
NOTE City Will grant Developer Impact fee credits for cost of replacement equipment provIded
to City
Development Agreement
Page 84
ADOPTED
F \jmo""ot8t'C;ty Oe\oololNMn' ~ 12 ""'" ._ doc
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EXHrBIT I
Baymont Improvements
The Baymont Improvements Include the following work to be done In the City right-of-way along
that portion of Baymont Street whIch IS located to the I.I'Irest of Mandalay Avenue
BY THE CITY OF CLEARWATER
· None
By THE DEVelOPER
· Landscaping, and other streetscape Improvements as depicted on site plan attached as
Exhibit 1-1
· New street curbs as depicted on approved site plan, IncludIng realignment of the curb on the
north side of the street
· Elimination of the five public parking spaces along the north side of the street In order to
accommodate the hotel vehicular entnes as depicted on attached site plan
· Creating a cul-de-sac at the western end of Baymont and repaving uSIng pavers the same
as or sImIlar to the pavers on Papaya Street and San Marco Street
· New City concrete Sidewalks as depicted on approved site plan, Including the Sidewalk from
the westerly end of the cul-de-sac heading west to the beach Sidewalk finIsh to have the
same "shell" finish as other recently Installed City Sidewalks In the area, or a mutually
approved paver alternate
· Adjustments to street lIghting and/or other utIlitIes deemed necessary as a result of the
above Improvements
· Relocation of overhead utilities to underground
· Trafflc Operations DIVISIon has determined the need for an exclUSive nght turn lane The City
Will allow the Project to proceed per plan, however once the Project IS completed the
Developer shall conduct penodlc delay studies every four months at the intersectIon of
Baymont Street and Mandalay Avenue for one year after the date of the ConstructIon
Completion CertIficate Issued by the City The study shall analyze the delay for each
eastbound movement and the Impacts on the Intersection as well as count the pedestnan
traffic on all four approaches of the intersection The study shall be submitted to "Traffic
Operations" for revIew If It IS determmed by "Traffic Operations" that the right turn lane IS
needed then the Developer shall Install the lane at ItS e;.q:>ense
Development Agreement
Page 86
ADOPTED
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Exhibit 1-1
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Agreement
Development
Page 88
ADOPTED
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EXHIBIT J
Ambler Improvements
The Ambler Improvements Include the following work to be done In the City right-of-way along
Ambler Street
BY THE CITY OF CLEARWATER
· None
By THE DEVELOPER
. Construct certain portions of hotel above Ambler pedestnan easement while stIli maintaIning
on-grade vehicular and pedestrian access consIstent with current as-built conditions
VertIcal clearance shall be a minimum of 7'6" consistent with current clearance
. Re-gradlng and repavmg portIons of Ambler Street as deemed necessary to function
effectively with the ground level hotel deSign
Development Agreement
Page 90
ADOPTED
F lmc\l't;UflUtr"\C;ly De'ill!lIDpment Ag11.2 wiIllbtIs dO(;
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EXHIBIT K
San Marco Improvements
The San Marco Improvements Include the followIng work to be done In the CIty nght-of-way along
San Marco Street west of Mandalay Avenue
By THE CnY OF CLEARWATER
· Reimburse Developer for the cost of design, permitting and storm sewer constructIon
BY THE DEVELOPER
. Install new sanitary sewer line from westernmost sanitary manhole In San Marco Street and
connect to manhole In Mandalay Avenue New sanitary sewer line Will require removal of
asphalt and pavers on the north half of San Marco
. Design, permIt and construct storm sewer outfall for ReSidential! Retail phase, Including
draInage from San Marco Outfall to connect to storm sewer on Mandalay Avenue
. San Marco access to adjacent non-developer controlled propertIes Will be malntamed
. ProVide dumpster collection area and relocate Sidewalk and landscaping In dumpster area
as per approved site plan
Development Agreement
Page 92
ADOPTED
f ~mil;'itluntef'ICl)I Dewlopmenl A.g1 1 2 wttl'l- e:wns doc.
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EXHIBIT L
Amenity Improvements
The amemty Improvements as listed below are generaUythose Improvements whIch WIll be located
seaward of the Coastal Construction Control Line (CCCL) and/or located at a lower elevation than
the V-zone Flood line Please note It IS the Developer's Intent to mlnlmJZe Improvements that could
be conSidered non-conformIng With FEMA GUidelines, and as a result of these Improvements, there
Will be a net reduction of approximately 30,000 square feet of habitable space currently below the V-
Zone elevation
.
Parking, storage and bUilding access pOints as depicted on approved site plan
.
Pools, pool decks, boardwalks, pool restrooms, and pool equIpment as depIcted on
approved site plan
.
Open-sided gazebo as depIcted on approved Site plan
.
Poolslde bar and gnll, With natural gas gnU, Sink and removable refngeratorhce machine as
depIcted on approved site plan
.
Portion of eXisting structures renovated Into a beach SOCial room, storage and baths as
depicted on approved site plan
.
Landscape as depIcted on approved site plan
Development Agreement
Page 94
ADOPTED
F ~m""'''nlo'',(''y o._pmeo' "'" \ 2 willi o>lls doc
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EXHIBIT M
Covenant of Unified Use
THIS INSTRUMENT PREPARED BY
AND WHEN RECORDED, RETURN TO:
Robert F Greene, Esquire
Greene & Schermer
1301 Sixth Avenue W, SUIte 400
Bradenton, Florida 34205
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Agreement") IS executed thIs day of
,200_ (the "Effective Date") by CBR DEVELOPMENT I, LLC, a Flonda
limited liability company and CBR DEVELOPMENT II, LLC, a Florida limited liability company
("collectIvely, Owner")
W II N E~~EI!:t
WH E REAS, Owne r IS th e owner of the rear pro pe rty lega Ily described on Exh I bit A attached
hereto and Incorporated herein by reference (the "Property"), and
WHEREAS, Owner and the City of Clearwater (the "City") are parties to that certaIn
Development Agreement dated ,200_, (the "Development
Agreement") pursuant to which the City has agreed that Owner may develop and construct upon the
Property a multi-use project consIsting of not less than 240 and not more than 260 hotel units
(I ncl udlng condom I nlu m hote I un ItS), not more tha n 120 resldentla I condoffil nl um un Its and not more
than 11,000 square feet of retail space and a minimum of 431 parking spaces all as more
particularly described In the Development Agreement, and
WHEREAS, Owner has agreed that the Property shall be developed and operated for a
unIfied use, as more particularly deSCrIbed hereinbelow
NOW THEREFORE, In consideration of the sum ofTen Dollars ($1000) and other good and
va I uable consideration, the recel pt and s ufficlen cy of which are hereby acknowledged, Owner does
hereby agree that the Property shall be developed and operated as a unified mixed-use project such
that the components shall have certaIn shared parking faCIlities as shown on the approved site plan
The restrictions set forth In the preceding sentence shall survive for a period of twenty (20) years
from the Effective Date of thiS Agreement Nothing In thiS Agreement shall preclude the purchase
a nd sale of the resldentlal un ItS and cond 0 mln IU m hotel un ItS and all other com ponents of the m Ixed-
use project constructed upon the Property to separate, unrelated third-party owners, so long as all
components of the project are operated With the shared parking faCilities throughout the term of thIs
Agreement Owner agrees that the City shall have the right to enforce the terms and conditions of
thIS Agreement
Development Agreement
Page 96
ADOPTED
F ~mC'lf'lUrMr'C1II:1 De'aitlIDpmenl AQt 12 wilh ~.:4l:5i doc
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IN WITNESS WHEREOF, the undersigned has executed this Covenant of Umfied Use
effective the day and year first above written
Witnesses
CBR DEVELOPMENT I, LLC,
a Florida hmlted liability company
By
CBR Communities I, Ltd ,
a Florida limited partnershIp
Managing Member
Pnnt Name
Print Name
By JMC Communities of Clearwater V, Inc
a FlOrida corporation, General Partner
By
Name J Michael Cheezem
Title CEO
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregOing Instrument was acknowledged before me thiS day of
, 200_, J Michael Cheezem, as CEO of JMC Communities of Clearwater
V, Inc, a Florrda corporatIon, the General Partner of CBR Commumtles I, Ltd , a FlOrida limited
partnership, the Managing Member of CBR Development I, LLC, a FlOrida limited liability company,
who IS 0 personally known to me or 0 has produced a FlOrida driver's license or 0
as Identification
NOTARY PUBLIC
Printed Name
Commission No
My Commission expires
Development Agreement
Page 97
ADOPTED
F ~mc;'tIuntfJrcity Dewllt)pl"Mnl Agt , Z win .e.ms..coc
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WItnesses
CBR DEVELOPMENT II, LLC,
a Florida limIted liabIlity company
By
CBR Communities II, Ltd ,
a Florida limIted partnership
Managing Member
Print Name
Print Name
By JMC Communities of Clearwater VI, Inc
a Florida corporation, General Partner
By
Name J Michael Cheezem
Title CEO
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing Instrument was acknowledged before me this day of
, 200_, J Michael Cheezem, as CEO of JMC Commumtles of Clearwater
VI, Inc , a Florida corporation, the General Partner of CBR Communities II, Ltd , a Flonda limited
partnership, the Managing MemberofCBR Development II, LLC, a Flonda limIted Irabllrtycompany,
who IS 0 personally known to me or 0 has produced a FlOrida drrver's license or 0
as IdentificatIon
NOTARY PUBLIC
Prrnted Name
CommisSion No
My Commission expires
Development Agreement
Page 98
ADOPTED
F '/m<'I1untol'Cry o.,,,,,wpmont ~ t 2 WIll> ..... do<
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EXHIBIT A
SOUTH BLOCK
Lots 1 - 13 and 49 - 56, Clearwater Beach Park, as per plat thereof recorded In Plat Book 10, Page
42, of the Public Records of Plnellas County, Florida
Lots 43 throug h 48, Lots 65th ro ug h 71 , a nd the South 14 75 feet of Lot 64, CLEARWATER BEACH
PARK, as recorded In Plat Book 10, Page 42, of the Public Records of Pln€1las County, Florida
NORTH BLOCK
PARCEL 1
THAT PART OF TRACT A OF A RE-SUBDIVISION OF BLOCK 10 AND 11, AN D LOTS 2 TO 15,
INCLUSIVE, BLOCK 9, OF THE REVISED MAP OF CLEARWATER BEACH, AS RECORDED IN
PLAT BOOK 19, PAGE 96, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS
BEGIN AT THE SOUTHEAST CORNER OF THE SAID TRACT A AS SHOWN AS 3 68 ACRES,
TO THE POINT OF BEGINNING, BEING A POINT AT THE INTERSECTION OF THE NORTH
LINE OF BAYMONT STREET, AS SAID BAYMONT STREET IS SHOWN ON SAID RE-
SUBDIVISION OF BLOCKS 10 AND 11 AND LOTS 2 TO 15, INCLUSIVE, BLOCK 9 OF THE
REVISED MAP OF CLEARWATER BEACH, WITH THE WESTERLY LINE OF MANDALAY
ROAD, AND RUN THESE N 20045'00" E, 18223 FEET, THENCE N 01044'00" E, 11051 FEETTO
THE CENTERLINE OF AMBLER STREET, SAID AMBLER STREET IS SHOWN AND DEDICATED
AS A PUBLIC STREET IN THE REVISED MAP OF CLEARWATER BEACH, AS RECORDED IN
PLAT BOOK 11, PAGE 5, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
THENCE WEST ALONG THE CENTERLINE OF SAID AMBLER STREET 42000 FEET, MORE
OR LESS, TO THE WATER OF THE GULF OF MEXICO, THENCE IN A SOUTHERLY
DIRECTION ON A MEANDERING LINE ALONG THE WATERS OF THE GULF OF MEXICO,
321 00 FEET, MORE OR LESS, TOTHE CENTERLINE OF SAID BAYMONTSTREET, THENCE
EAST 385 00 FEET, MORE OR LESS, ALONG SAID CENTERLINE OF BA YMONT STREET TO A
POINT 4000 FEET SOUTH OFTHE POINTOF BEGINNING, THENCE NORTH 40 00 FEET TO
THE POINT OF BEGINNING
PARCEL 2
THE NORTH 20 00 FEET OF VACATED AMBLER STREET LYING WEST OF THE EAST LINE OF
LOT 9, PROJECTED SOUTH AS SHOWN ON THE PLAT OF MILLER'S REPLAT, AS RECORDED
IN PLAT BOOK 26, PAGE 17, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA
PARCEL 3
LOT 1 AND 10 AND THE SOUTH 8000 FEET OF LOT 9 OF MILLER'S REPLAT, AS
RECORDED IN PLAT BOOK 26, PAGE 17, OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA
Development Agreement
Page 99
ADOPTED
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EXHIBIT N
Boot Dock Improvements
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CLEARWATER BEACH
FAMILY RECREATION CENTER
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Development Agreement
Page 101
ADOPTED
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EXHIBIT N-1
BOAT DOCK AGREEMENT
AGREEMENT
This Agreement (the "Agreement") IS made as of this _ day of ,200_,
by and between THE CITY OF CLEARWATER, FLORIDA, a Florida muniCipal corporation (the
"City") and CBR DEVELOPMENT I, LLC, a Florida lImited liability company (the "Developer")
WITNESSETH
WHEREAS, the City of Clearwater and Developer have entered Into a Development
Agreement for Property In the City of Clearwater of even effective date (the "Development
Agreement"),
WHEREAS, Section 50310 of the Development Agreement provides for the City and
Developer to enter Into an agreement providing for the construction of shared boat docking facilities
("Boat Dock FaCilities") within a boat basin ("Boat Basin') adjOining CIty owned real property ("City
Property"), which Boat Basin and Boat Docking FaCIlitIes are conceptually depicted on the attached
Exhibit "A",
WH E R EAS, the co nstructl 0 nand use of the Boat Dockl ng F aCI htles will further the objectives
of the City and facilitate the development by Developer of the mixed use resort Project, as provided
In the Development Agreement,
WHEREAS, at a duly called public meeting on ,200_, the City Council
approved thiS Agreement, and authorized and directed ItS execution by the appropriate offiCials of
the City, and
WHEREAS, the members of Developer have approved thiS Agreement and have authorized
the undersigned IndiVidual to execute thiS Agreement on ItS behalf
NOW, THEREFORE, In conSideration of the mutual promises and covenants contained
herein, the parties hereby agree as follows
ARTICLE 1. DEFINITIONS
1.01. Definitions The capitalized terms used In thIS Agreement that are not defined shall have
the meanings given to such terms In the Development Agreement
1 02 Use of Words and Phrases. Words of the masculine gender shall be deemed and
construed to Include correlative words of the feminine and neuter genders Unless the
context shall otherwise indicate, the Singular shall Include the plural as well as the Singular
number, and the word "person" shall Include corporations and aSSOCiations, limIted hablllty
corporations and partnerships, Including publiC bodies, as well as natural persons "Herein,"
"hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other eqUivalent words
refer to thIS Agreement and not solely to the particular portion thereof In which any such
word IS used
Development Agreement
Page 103
ADOPTED
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1 03. Florida Statutes. All references herein to FlOrida Statutes are to Flonda Statutes (2004), as
amended from time to tIme
ARTICLE 2. PURPOSE AND DESCRIPTION OF BOAT DOCKING FAICLlTlES.
2.01. Finding of Public Purpose and Benefit The proposed Boat Docking FaCilities, Including
the design, construction, completion and use of the Boat Docking FaCilities, IS hereby found
by the parties hereto (1) to be consistent with and In furtherance ofthe objectives of the
Comprehensive Plan of the City of Clearwater, (2) to conform to the provISions of FlOrida
law, (3) to be In the best Interests ofthe Citizens ofthe City, (4) to further the purposes and
objectives of the City, (5) to further the public Interest on Clearwater Beach, and (6) to
Implement Beach by DeSIgn, including the creation of the new quality hotel resort to be
constructed as a part of the Project
2.02 Purpose of Agreement The purpose of thIS Agreement IS to further the Implementation
of Beach by DeSign by proViding for the development of the Boat Docking FaCilities, all to
enhance the quality of hfe, Increase employment and Improve the aesthetiC and useful
~enjoyment of Clearwater Beach and the CIty, allm accordance WIth and In furtherance of the
Comprehe nSNe Pia n of the City of Clea rwater and as authOrized by and In accordan ce With
the prOVIsions of Flonda law
2.03. Scope of the Project
1 The Boat Docking Facllltles are contemplated to Include a central pIer, finger pIers
and associated pilings as conceptually depIcted on the attached Exhibit "A", which
Will accommodate a maximum of 57 boat slips ("Boat Slips") The Developer and Its
deSignated successors and assigns shall have the fight to utilize exclUSively slxty~
seven percent (67%) of the Boat Slips so long as the Boat Docking FaCilities
continue to eXist ("Developer Slips") The City shall have the right to control the use
of all remaining Boat Slips ("City SlIps") The City shall have the right to utilize the
City S II ps for day dockl ng or for any other pu rpose perm Itted by the S S LL (hereafter
defined)
2 The Developer shall have the right to Install a gate or other access/security
Improvements on the central pIer at the location on the pier that the Developer Slips
begin
3 The Developer shall have the nght, at Its expense, to Install water and electriC lines
serving the Developer Slips and the City shall cooperate as to extension and
connection of such utilItIes All utIlities prOVided to the Developer Boat Shps shall be
separately metered and Developer shall pay all utilIty connection and usage charges
Utilities shall not be proVided by Developer to the City Shps
4 Developer shall pay for all maintenance and repaIr costs for the Boat Slip FaCilities,
Including costs relating to the City Slips
5 Developer agrees that use of the Developer Boat SlIps shall be limited to owners,
tenants and guests of the Project and any sublease or assignment by Developer of
fights to utilize Developer Boat Slips shall be limited to Project owners
Development Agreement
Page 104
ADOPTED
F ~mc\hun'.r'Cly De""IOpmen\ "<I' 12 ..... ..... """
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6 DUring the term of this Agreement, Developer shall provide a shuttle service to the
Boat Docking FaCilities from the Project
2.04. Cooperation of the Parties. The City and the Developer recognize that the successful
development of the Boat Docking Facilities and each component thereof IS dependent upon
the continued cooperation of the City and the Developer, and each agrees that It shall act In a
reasonable manner hereunder, provide the other party With complete and updated Information
from time to time, With respect to the conditions such party IS responsible for satisfYing
hereunder and make ItS good faith reasonable efforts to ensure that such cooperatIon IS
continuous, the purposes of thiS Agreement are carned out to the full extent contemplated
hereby and the Boat Docking Facilities are designed, constructed, completed and used as
prOVided herem
ARTICLE 3. REGULATORY PROCESS,
3.01 Development Approvals and Permits.
1 ApplicatIons for Development Approval The Developer shall prepare and submit to
the appropriate governmental authOrities, including the City, applications for approval
of the State of FlOrida Sovereignty Submerged Lands Lease ("SSLL M), all required
permits ("Permits"), and all plans and speCIfications ("Plans and Speclficatlons")
necessary for the Boat Docking Facllttles, and shall bear all costs of preparing such
applicatIons, applYing for and obtaining such approvals and permIts, Including
payment of any and all applicable application, Inspection, and regulatory fees or
charges The City shall, to the extent pOSSible, expedIte review of all applications
The failure of thiS Agreement to address a particular permit, condition, or term of
restriction shall not relieve the Developer of the necessity of complYIng With the law
governing said permitting requirements, conditions, terms or restrictIons
2 Cltv Cooperation and Assistance The City shall cooperate With the Developer In
obtaining the SSLL and all necessary Permits required for the construction,
com pletlon and use of the Boat Dockl ng F aCI htles If requested by the Developer and
authonzed by law, the City Will jOin file or In the fllmg of any application for the SSLL
or any Permit, or, alternatively, recommend to and urge any governmental authOrity
that such SSLL or Permit be Issued or approved
3 Cltv AuthOrity Preserved The City's duties, obligations, or responsibilities under any
section of th IS Agreement, speclfi ca Ily Including, but not 11m Ited to, th I S Section 3 02,
shall not affect the City's right, duty, obligation, authOrity and power to act In ItS
governmental or regulatory capacIty In accordance With applicable laws, ordinances,
codes or other bUilding regulations Notwithstanding any other provIsion of thiS
Agreement, any required permitting, licensing or other regulatory approvals by the
City shall be subject to the established procedures and substantive requirements of
the City With respect to review and permItting of a project of a Similar or comparable
nature, SIze and scope In no event shall the City, due to any proVISion of thiS
Agreement, be obligated to take any action concerning regulatory approvals except
through ItS established procedures and In accordance With applicable proVISIons of
law
Development Agreement
Page 105
ADOPTED
F ~mc\humer<:;fy Oe;oelOpmen, Agt 12 wIIo .~, _
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3.02. Concurrency.
1 Concurrency Reaulred The parties hereto recognize and acknowledge that Florida
law (speclfl cally, Pa rt II, Chapte r 163, Florida Statutes, a nd Rule 9J-5, Flo rid a
Ad m I nrstratlve Code, collectively the "Growth Man agement Act") 1m poses restnctlons
on devel 0 pm ent If adeq uate pu bllc I m prove ments are not available concu rrently WIth
that development to absorb and handle the demand on publIC services caused by
development The City has created and Implemented a system for monitoring the
effects of deve lopme nt on publl c se rvlces With I n th e CIty The Developer recog nlzes
and acknowledges It must satisfy the concurrency requirements of FlOrida law and
the CIty's regulatIons as apphed to the Boat Docking FaCIlities
2 Reservation of CapacIty The City hereby agrees and acknowledges that as of the
Effective Date of thIS Ag reement, the Boat Dockl ng F aClhtles satisfy the concu rrency
requIrements of Flonda law The CIty agrees to reserve the required capacity to
serve the Boat Dockl ng F aCll1tles for the Deve lope rand to malntal n such capacity fo r
a period of three (3) years from the Effective Date of thiS Agreement and that such
penod shall be automatIcally extended for an additional three (3) years If the
Developer commences construction Within the Initial three (3) year penod The CIty
recognizes and acknowledges that the Developer Will rely upon such reservatIon In
proceeding With the Boat Docking Faclhtles
3 ReqUIred PubliC FaCilities In additIon to the obligations of the City and the
Developer set out In Article 5 of thiS Agreement, the Water UtilItIes Department of
the City will proVide potable water servIce to the Boat Docking Faclhtles
ARTICLE 4. PLANS AND SPECIFICATIONS.
4.01 Plans and Specifications
1 ResponsibIlity for PreparatIon of Plans and SpecIficatIons The Developer shall be
solely responsible for and shall pay the cost of preparing, submitting and obtaining
approval of the Plans and Specifications for the Boat Docking FaCIlitIes
2 Use of Qualified ProfeSSIonals The Developer shall retain quahfied profeSSionals to
prepare the Plans and Specifications and shall cause such profeSSIonals to prepare
the Plans and Specifications
ARTICLE 5 DEVELOPMENT OF BOAT DOCKING FACILITIES
5.01. Ownership of City Property. The City IS the owner the City Property which IS more
particularly descnbed In ExhibIt uB" to thiS Agreement and has the littoral (nparlan) rights
required to apply for the SSLL
5.02. Boat Basin. The Boat BaSin In which the Boat Docking FaCIlities are to be constructed
adjOins the City Property, IS located on State of FlOrida sovereignty submerged lands, and IS
depicted on the attached ExhibIt "B"
5.03. Obligations of the City.
Development Agreement
Page 1 06
ADOPTED
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1 SS LL Th e Developer s ha II, at Its expe n se, ca u se to be pre pa red the apphcatlon for
the SSLL The City shall execute and file With the State of Flonda such application
The City shaU cooperate With the Developer With required processmg of the
application for the SSLL and upon approval, shall execute and dehver the SSLL to
the State of Florida So long as this Agreement remains m effect, the City shall assist
Developer and timely apply for renewals of the SSLL Developer shall pay all lease
and other payments due the State of Floflda pursuant to the SSLL, Including all
payments due for renewal terms
2 Permits The CIty will cooperate and coord I nate With the Developer With rega rd to all
Permit applications, includIng those to state agencies, and will facIlItate or expedite,
to the greatest extent possIble, the permit approval process
3 Improvements The Developer, at ItS expense, shall construct all Improvements
constituting the Boat Docking Facllltles
4 Tlmelv Completion The City recognizes the public Importance of the timely
com pletlo n of the proposed Improve ments, and tl me IS deemed to be of the essence
The CIty consIders thIS Agreement as overall authonty for the Developer to proceed
to permit, and agrees to Implement a fast-track reView, permitting, and Inspection
program for the Boat Docking Facilities
ARTICLE 6. PROJECT FINANCING
6.01. Ass 19 nme n t of Rig hts Under Ag reement To Project Lender Developer may assign to the
Project Lender all ItS nght, title and Interest under thiS Agreement as security for any
Indebtedness of Developer The executIon of any assignment, secunty agreement, or other
Instrument, or the foreclosure of the Instruction or any sale under the Instrument, either by
Judicial proceedings or by virtue of any power reserved In the mortgage or deed of trust, or
conveyance In lieu of foreclosure by Developer to the holder of such Indebtedness, or the
eXistence of any nght, power, or pnvllege reserved In any Instrument, shall not be held as a
Violation of any of the terms or condItions of thiS Agreement, or as an assumption by the
holder of such Indebtedness personally of the obligations of thiS Agreement No such
assignment, foreclosure, conveyance or exercise of fight shall relieve Developer from ItS
lIability under thiS Agreement
6.02. Cooperation The City and the Developer shall cooperate as to reasonable requests for
assurances any proposed Project Lender for the purpose of Implementing the mortgagee
protection provISions contained In thiS Agreement and allOWing the Project Lender
reasonable means to protect or preserve the liens of such Project Lender upon the
occurrence of a default under the terms of thiS Agreement
ARTICLE 7 CONSTRUCTION OF PROJECT
7.01. Site The Developer shall be responsible for all site Investlgatlon and environmental testing
702 Construction of Boat Docking FaCilities.
Development Agreement
Page 107
ADOPTED
F "fmclhunl!f!:i'\C1y DfI'11'6"lopment NJt 12 WIh ~)ftS dot:
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Commencement Developer shall construct the Boat Docking FaCilities
substantially m accordance with the Plans and SpeCifications therefor
Developer shall commence construction of the Boat Docking Facilities
("Commencement Date") on or before one (1) year after receIpt of the SSLL
and all Permits, and eXpiration or resolution of all appeal/challenges thereto
("Approval Effective Date")
b For purposes of thiS SectIon 702, "commence construction" means
commencement of meaningful phYSical developmenfof the Boat Docking
FaCIlitIes as authOrized by the Permits therefor whIch IS continued and
diligently prosecuted toward completion of the Boat Docking FaCilities
c All obligations of Developer (Including deadlines In the Commencement
Date) With respect to commencement and continuation of construction shall
be subject to delays and extensions from time to time for UnaVOidable Delay
(see Article 15) Developer shall not be deemed to be In default of thIS
Agreement to the exte nt construction of the Boat Dockmg Facilities, or a part
thereof, IS not complete by reason of UnaVOidable Delay
2 Pursuit of Construction After the Commencement Date, Developer shall continue,
pursue and prosecute the construction of the Boat Docking FaCIlities With due
diligence to completion, and shall not at any time actually or effectively have
abandoned (or ItS Contractor having actually or effectively abandoned) the Boat
Docking FaCIlities For purposes of thiS subsectIon 7022, "abandoned" means to
have ceased any construction work which effectively advances the constructIon of
the Boat Docking FaCIlities toward completIon, Including removing all or substantially
all of the construction work force from the site of the Boat Docking FaCilities for a
penod of not less than sixty (60) days
3 Maintenance of Construction Site Dunng the construction of the Boat Docking
FaCIlities, Developer shall, at Its own expense, keep the Boat Dockmg FaCIlities and
all adjOining City Property In reasonably good order and condition
4 Construction Completion Developer agrees to complete the Boat Docking Facilities
on or before one (1) yea r after the Commenceme nt Date
7.03. City Not in Privity. The City shall not be deemed to be In pnvlty of contract With any
Contractor or proVIder of services WIth respect to the construction of any part of the Boat
Docking FaCIlities not constItuting all or any part of publiC Improvements
"""
Construction Sequencing and Staging Area The Developer shall construct the Boat
Docking FaCilities m a manner and fashion which will minimize the Inconvenience of the
construction on the property owners of Clearwater Beach and the reSidents of the City and
the use of the City Property The City agrees to allow Developer to use portions of the Cny
Property as designated by the City for construction staging dunng construction of the Boat
Docking FaCIlities, Without charge to the Developer, proVided that such staging area does
not unreasonably affect the continued use of the City Property as proVided for In thiS
Paragraph
7.04
ARTICLE 8. INDEMNIFICATION.
Development Agreement
Page 108
ADOPTED
F 'imcftluntM'Cly OfJ~lopmellt Ag1 12 wtn e..rn. QOC
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8.01. Indemnification by the Developer.
1 The Developer agrees to IndemnIfy, defend and hold harmless, the City, Its
respective agents, officers, or employees from any and all liabilities, damages,
penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees
through appellate proceedings, for personal InJury, bodily injury, death or property
damage arrslng out of, or by reason of any act or omiSSion of the Developer, ItS
agents, employees or contractors arrslng out of, In connectronwlth or by reason of,
the performance of any and all services covered by thiS Agreement, or which are
alleged to have arisen out of, In connection with or by reason of, the performance of
any and all services covered by thiS Agreement
2 The Developer shall Indemmfy, defend and hold harmless the City, Its officers and
employees from any and all liabilities, damages, costs, penalties, Judgments, claIms,
demands, losses, or expenses (Including, but not limited to, actual attorneys' fees
and englneenng fees) arrslng from or attnbutable to any breach by the Developer, as
the case may be, of any representations or warranties contained In Section 9 01, or
covenants contained In Section 9 02
3 The Developer's Indemmty obligations under subsections (1) and (2) of this Section
shall survive the earlier of the Termination Date or the Expiration Date, but shall
a pply only to occu rrences, acts, 0 r om ISS Ions th at arrse 0 nor before the earlier of the
TerminatIon Date or the Expiration Date
4 The Developer's Indemmty hereunder IS In addition to and not limited by any
Insurance policy and IS not and shall not be Interpreted as an Insuring agreement
between or among the parties to thiS Agreement, nor as a waiver of sovereign
Immunity for any party entitled to assert the defense of sovereign Immunity
8.02. Indemnification by the City
1 To the extent permitted by law, the City agrees to Indemmfy, defend and hold
harmless, the Developer, Its respective officers, and employees from any and all
Ilablhtles, damages, penalties, judgments, claims, demands, costs, losses, expenses
or attorneys' fees through appellate proceedIngs, for personal Injury, bodily Injury,
death or property damage arising out of, or by reason of, any act or omiSSion of the
City, ItS respective agents or employees arrslng out of, In connectlE:ln With or by
reason of, the performance of any and all services covered by thiS Agreement, or
which are alleged to have arrsen out of, In connection With or by reason of, the
performance of any and all servIces covered by thiS Agreement
2 The City shalllndemmfy, defend and hold harmless the Developer, Its officers and
employeeslrom any and all liabilities; damages~ costs, penalties, Judgments, claims,
demands, losses, or expenses (Including, but not limited to, actual attorneys' fees
and englneenng fees) arrslng from or attrrbutable to any breach by the City, as the
case may be, of any re presentations or wa rrantres conta I ned I n Section 1 0 01, or
covenants contained In Section 10 02
Development Agreement
Page 109
ADOPTED
F ~lT1e~Unlercly De...e:lo~f11 AQ1 ." 2 wth ew doc
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3 The City's Indemnity obligations under this Section 8 02 shall survive the earlier of
the Termination Date or the Expiration Date, but shall only apply to occurrences, acts
or omissions that arise on or before the earlier of the Termination Date or the
EXpiration Date The City's indemnity hereunder IS not and shall not be Interpreted
as an Insuring agreement between or among the parties to thiS Agreement, but IS In
addition to and not lrmlted by any Insurance policy provided that said obligation shall
not be greater than that permitted and shall be limited by the prOVIsions of Section
76828, Florida Statutes, or any successor statute thereto
8.03 limitatIOn of Indemnification. Notwithstanding anything to the contrary contained herein,
With respect to the mdemnlficatlon obligations of the Developer (as set forth In Section 8 01)
and the City (as set forth In Section 802), the follOWing shall apply
1 The IndemnIfying party shall not be responsible for damages that could have been,
but were not, mitigated by the Indemnified party,
2 The IndemmfYlng party shall not be responsible for that portion of any damages
caused by the negligent or Willful acts or omissions of the Indemnified party, and
3 There shall be no obligation to Indemmfy hereunder In the event that the Indemnified
party (1) shall have effected a settlement of any claim Without the prior written
consent of the IndemnifYing party, or (2) shall not have subrogated the mdemnlfYlng
party to the Indemnified party's rights against any third party by an assignment to the
Indemnifying party of any cause or action against such third party
ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER.
9.01 Representations and Warranties. The Developer represents and warrants to the City that
each of the follOWing statements IS currently true and accurate and agrees the City may rely
upon each of the follOWing statements
1
The Developer IS a FlOrida limIted liability Company duly organized and validly
eXisting under the laws of the State of FlOrida, has all requIsite power and authOrity
to carry on ItS bUSiness as now conducted, to own or hold ItS properties and to enter
Into and perform ItS obligations hereunder and under each document or Instrument
contemplated by thiS Agreement to which It IS or Will be a party, IS qualified to do
bUSiness In the State of FlOrida, and has consented to service of process upon a
deSIgnated agent for service of process In the State of FlOrida
2
ThiS Agreement and, to the extent such documents presently eXist In a form
accepted by the CIty and the Developer, each document contemplated or required by
thiS Agreement to which the Developer IS or Will be a party have been duly
authOrized by all necessary action on the part of, and have been or Will be duly
executed and dellllt!red by, the Developer, and n-elther the execution and delivery
thereof, nor compliance With the terms and prOVIsions thereof or hereof (I) requires
the approval and consent of any other party, except such as have been duly
obtained or as are speCIfically noted herein, (II) contravenes any eXisting law,
judgment, govemmental rule, regulatIon or order applicable to or binding on the
Developer, (III) contravenes or results In any breach of, default under or, other than
as contemplated by thiS Agreement, results In the creation of any lien or
v
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Development Agreement
Page 110
ADOPTED
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encumbrance upon any property of the Developer under any Indenture, mortgage,
deed of trust, bank loan or credit agreement, the Developer's Articles of
Organization, or, any other agreement or Instrument to which the Developer IS a
party or by which the Developer may be bound
3 ThiS Agreement and, to the extent such documents presently eXist In a form
accepted by the City and the Developer, each document contemplated or required by
thiS Agreement to which the Developer IS or Will be a party constitutes, or when
entered Into WIll constitute, a legal, valid and binding obligatron of the Developer
enforceable against the Developer In accordance with the terms thereof, except as
such enforceability may be limited by applicable bankruptcy, Insolvency or Similar
laws from time to tIme In effect which affect creditors' rights generally and subject to
usual equitable principles In the event that equitable remedies are Involved
4 There are no pendIng or, to the knowledge of the Developer threatened actions or
proceedings before any court or admInistrative agency against the Developer, or
against any controlling shareholder, officer, employee or agent of the Developer
which question the validity of thiS Agreement or any document contemplated
hereunder, or whIch are likely In any case, or In the aggregate, to materially
adversely affect the consummation of the transactions contemplated hereunder or
the financial condition of the Developer
5 The Developer has filed or caused to be filed all federal, state, local and foreign tax
returns, If any, which were required to be filed by the Developer and has paid, or
caused to be paid, all taxes shown to be due and payable on such returns or on any
assessments leVied against the Developer
,6 All documentation, Including that pertaining to the Boat Docking FaCilities or the
Developer, delivered by the Developer to the City was, on the date of delivery
thereof, true and correct
7 The principal place of bUSiness and principal executive offices of the Developer IS In
St Petersburg, FlOrida, and the Developer WIll keep records concerning the Boat
Docking FaCilities (such as construction contracts, finanCing documents and
corporate documents) and all contracts, licenses and SimIlar rights relating thereto at
an office In PIne lias County
8 As of the Effective Date, the Developer Will have the finanCial capability to carry out
ItS obligations and responsibilities In connection With the development of the Boat
Docking FaCilities as contemplated by thiS Agreement
9 The Developer has the experience, expertise, and capabIlity to develop, cause the
construction, and complete the Boat Docking FaCilities and, oversee and manage
the deSign,' plCinnlng, constructlon,- completion and use of the Boat Docking
FaCilities
9.02. Covenants The Developer covenants With the City that until the earlier of the Termmatlon
Date or the Expiration Date
Development Agreement
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1 The Developer shall tImely perform or cause to be performed aU of the obligations
contaIned herein whIch are the responsibility of the Developer to perform
2 DUring each year that this Agreement and the obligatIons of the Developer under
this Agreement shall be In effect, the Developer shall cause to be executed and to
continue to be In effect those Instruments, documents, certificates, permits, licenses
and approvals and shall cause to occur those events contemplated by thIs
Agreement that are applicable to, and that are the responsibility of, the Developer
3 The Developer shall assist and cooperate With the City to accomplish the
develo pment of the Boat Dockl ng Facilities by the Developer In accorda nce With the
Plans and Specifications, and this Agreement, and Will not Violate any laws,
ordinances, rules, regulations, orders, contracts or agreements that are or Will be
appllcable thereto
4 Subsequent to the Effective Date, the Developer shall maintain ItS financial capability
to develop, construct and complete the Boat Docking Facilities and shaU promptly
notify the City of any event, condition, occurrence, or change In ItS financial condition
which adversely affects, or With the passage of time IS likely to adversely affect, the
Developer's financial capability to successfully and completely develop, construct
and complete the Boat DockIng FaCilities as contemplated hereby
5 The Developer shall promptly cause to be filed when due all federal, state, local and
foreign tax returns required to be filed by It, and shall promptly pay when due any tax
required thereby
6 Su bJect to Section 18 01, the Developer shall malnta In ItS eXistence, Will not dissolve
or substantially dissolve all of ItS assets and Will not consolidate With or merge Into
another corporation, limited partnership, or other entity or permit one or more other
corporations or other entity to consolrdate With or merge Into It Without the prior
approval of the City unless the Developer or an entity under common control With
Developer, retains a controlling Interest In the consolidated or merged entity, and Will
promptly QOtlfy the City of any changes to the eXistence or form of the entity or any
change In the control of the Developer
7 Other than sales and assignments contemplated by thiS Agreement, the Developer
shall not sell, lease, transfer or otherwise dispose of all or substantially all ItS assets
Without adequate consideration and Will otherwise take no action which shall have
the effect, singularly or In the aggregate, of rendering the Developer unable to
contmue to observe and perform the covenants, agreements, and condItIons hereof
and the performance of all other obligations required by thIS Agreement
8 The Developer shall not permit, commit, or suffer any waste of the City Property or
(he Boat Docking FaCIlities
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9 PrOVided all conditions precedent thereto have been satisfied or waived as proVided
herein, the Developer shall deSign, construct and complete the Boat Dockmg
FaCIlities such that It IS substantIally complete as proVided In thiS Agreement no later
than the Completion Date
Development Agreement
Page 112
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ARTICLE 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE CITY.
10.01. Representations and Warranties The CIty represents and warrants to the Developer that
each of the follOWing statements IS currently true and accurate and agrees that the
Developer may rely on each of the follOWIng statements
1 The City IS a validly eXIsting body corporate and politiC of the State of FlOrida, has all
requIsite corporate power and authOrity to carry on ItS busmess as now conducted
and to perform ItS obligations hereunder and under each document or mstrument
contemplated by thIS Agreement to which It IS or Will be a party
2 ThiS Agreement and, to the extent such documents presently eXIst In a form
accepted by the City and the Developer, each document contemplated or required by
thiS Agreement to whIch the City IS orwllI be a party have been duly authOrized by all
necessary action on the part of, and have been or Will be duly executed and
delivered by, the City, and n e Ithe r the execution and delivery thereof, n or com plia nce
With the terms and provIsions thereof or hereof (I) reqUires the approval and consent
of any other party, except such as have been duly obtamed or as are speCifically
noted herein, (II) contravenes any eXisting law, judgment, governmental rule,
regulation or order applIcable to or binding on the City, (III) contravenes or results In
any breach of, or default under or, other than as contemplated by thiS Agreement,
results In the creation of any lien or encumbrance upon any property of the City
under any Indenture, mortgage, deed of trust, bank loan or credit agreement,
applicable ordinances, resolutions or, on the date of thiS Agreement, any other
agreement or Instrument to which the City IS a party, speCifically IncludIng any
covenants of any bonds, notes, or other forms of Indebtedness of the City
outstanding on the Effective Date
3 ThiS Agreement and, to the extent such documents presently eXist In a form
accepted by the City and the Developer, each document contemplated or requIred by
th IS Ag ree ment to wh Ich the City IS or Will be a party co nstltute, or when entered Into
Will constitute, legal, valid and binding obligations of the City enforceable against the
City In accordance With the terms thereof, except as such enforceability may be
limited by publiC policy or applicable bankruptcy, Insolvency or Similar laws from tIme
to time m effect whIch affect creditors' rights generally and subject to usual eqUitable
prinCiples In the event that eqUitable remedies are Involved
10.02. C ovena nts The City covenants WIth the Develope r that until the earlier of the Term I nation
Date or the Expiration Date
1 The City shall tImely perform, or cause to be performed, all of the oblrgatlons
contained herein which are the responSIbIlity of the City to perform
2 Dunng each year tIlat thiS Agreement and the obligations of the City under thiS
Agreement shall be In effect, the City shall cause to be executed and to continue to
be In effect those Instruments, documents, certificates, permits, licenses and
approvals, and shall cause to occur those events contemplated by thIS Agreement
that are applicable to and are the responSibility of the City
Development Agreement
Page 113
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3 The City shall assist and cooperate with the Developer to accomplish the
development of the Boat Docking FaCilities In accordance With this Agreement and
the Plans and Specifications, will carry out Its duties and responsibilities
contemplated by this Agreement, and will not Violate any laws, ordinances, rules,
regulations, orders, contracts, or agreements that are or Will be applicable thereto,
and, to the extent permitted by law, the City Will not enact or adopt or urge or
encourage the adoption of any ordinances, resolutions, rules regulations or orders or
approve or enter Into any contracts or agreements, Including Issuing any bonds,
notes, or other forms of Indebtedness, that Will result In any prOVIsion of thiS
Agreement to be In Violation thereof
4 The City shall not permit, commit, or suffer any waste or ImpaIrment to the Boat
Docking FaCilities, nor shall the City alter the City Property, or any part thereof, so as
to prevent or adversely affect the development and use of the Boat Docking
FaCilities
ARTICLE 11. CONDITIONS PRECEDENT.
11.01. Developer Obligations Unless thiS Agreement has been terminated pursuant to Article 12
hereof, the obligation of the Developer to construct the Boat Docking Facllltles IS subject to
the fulfillment to the satisfaction of, or waiver In writing by. the Developer of each of the
follOWing conditions precedent
1 All conditions precedent under Artl cl e 11 of the Deve 10 pm ent Ag reeme nt have been
satIsfied or waived by Developer
2 The Plans and SpecificatIons required to commence construction of the Boat
Docking FaCilities shall have been approved by the City In accordance With
applicable ordinances, land use regulations, bUilding codes and other regulations of
the City
3 The City shall have obtained the SSLL as provIded In Article 6 hereof
4 All Permits necessary for construction of the Boat Docking FaCilities to commence
shall have been Issued and have become final and non-appealable
11.02. Responsibilities of the Parties for Conditions Precedent. The parties hereto shall not,
Individually or collectively, knOWingly, Intentionally or negligently prevent any condition
precedent from occu m ng, provided, however, nothl ng In th IS Section IS Intended 0 r s hall be
deemed to deny any party the right to reasonably exerCise ItS discretion to the extent
permitted by law or thiS Agreement
ARTICLE 12. DEFA~ULT; TERMINATION
12.01. Project Default by the Developer
1 There shall be an "event of default" by the Developer under thiS Agreement upon the
occurrence of anyone or more of the follOWing
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2 a
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The Developer shall fall to perform or comply With any material provIsion of
this Agreement applicable to It Within the time prescribed therefor, after
receipt of a notice from the City pursuant to Subsection 12 01 2 a , or
The Developer shall make a general assignment for the benefit of ItS
creditors, or shall admIt In writing ItS inability to pay ItS debts as they become
due or shall file a petition In bankruptcy, or shall be adjudicated a bankrupt or
Insolvent, or shall file a petition seekIng any reorganization, arrangement,
composition, readjustment, liqUidation, diSSolution or STmllar relief under any
present or future statute, law or regulation or shall file an answer admitting,
or shall fall reasonably to contest, the material allegations of a petition filed
against It In any such proceeding, or shall seek or consent to or acquiesce In
the a p pOI ntment of any trustee, receiver or Ilqu Idator of the Developer 0 r any
material part of such entity's properties, or
Within sIxty (60) days after the commencement of any proceeding by or
against the Developer seeking any reorganization, arrangement,
compositIon, readjustment, liqUidation, dissolution or sJmllar relief under any
present or future statute, law or regulation, such proceeding shall not have
been dismissed or otherwise terminated, or If, WIthin sixty (60) days after the
apPointment WIthout the consent or acqUiescence of the Developer of any
trustee, receiver or liqUidator of any of such entIties or of any matenal part of
any of such entity's properties, such apPointment shall not have been
vacated, or
If an event of default by the Developer deSCribed In subsection 1 above shall
occur, the City shall proVide written notice thereof to the Developer, and, If
such event of default shall not be cured by the Developer WJthln thirty (30)
days after receipt of the written notIce from the City speCifYing In reasonable
detail the event of default by the Developer, or If such event of default IS of
such nature that It cannot be completely cured Within such time penod, then If
the Developer shall not have commenced to cure such default Within such
thirty (30) day period and shall not diligently prosecute such cure to
completion WIthin such reasonable longer period of time as may be
necessary (proVided, however, If the Developer IS proceeding diligently and
In good faith, the curative period shall be extended for a period of not
exceeding SIX (6) months Without any approval or consent of the City being
required, but such approval Will be required If the curative period IS to be
extended beyond SIX (6) months) then, In addition to any remedy available
under Section 12 05, the City may terminate thiS Agreement or pursue any
and all legal or equitable remedies to which the CIty IS entitled, prOVided,
however, If the Developer shall fall to cure such event of default Within saId
thIrty (30) day or longer period or ceases to proceed diligently to timely cure
such event of defaUlt, then the City may proceed to enforce other available
remedies WIthout prOViding any additional notIce to the Developer
Any attempt by the City to pursue any of the above referenced remedies Will
not be deemed a n exclUSive electIon of re medy 0 r wa Iver of the City'S right to
pursue any other remedy to which either may be entitled
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c Any time penods or deadlines provided In thiS Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder If
such event affects the Developer's or City's ablhty to perform by such
deadline or the expiration of such period
3 Subject to the rights of the Project lender, If the City elects to cure a default under
Subsection 12 01 1 by the Developer, construction contracts, contract documents,
bUilding permIts, development permits, management agreements, and financial
commitments (all only to the extent assignable) With respect To the Project shall, If
such default has not been previously cured, on the day follOWing receipt by the
Developer of notice from the CIty of Its electIon to cure, be deemed then assigned to
the City making said election, Without necessity of any other action being taken or
not taken by any party hereto The Developer shall transfer and deliver to the City
upon making said election, all assIgnable Plans and SpecIfications, working
drawings, constructIon contracts, contract documents and all Permits, and, at the
direction of the City, the defaulting the Developer shall vacate the Parcel(s)
12.02 Default by the City.
1 Provided the Developer IS not then In default under Section 12 01, there shall be an
"event of default" by the City under thIS Agreement In the event the City shall fall to
perform or comply With any matenal prOVIsion of thIS Agreement applicable to It,
proVided, however, that suspension of or delay In performance by the City dUring any
period In which the Developer IS In default of thiS Agreement as proVided In Section
12 01 hereof Will not con stltute an event of defa ult by the City under th IS Subsection
1202
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If an event of default by the City described In Subsection 1202 1 shall occur,
the Developer shall proVide written notice thereof to the City, and, after
expiratIon of the curative period descnbed In paragraph (b) below, may
terminate thiS Agreement, Institute an action to compel specific performance
of the terms hereof by the City or pursue any and all legal or equitable
remed les to which the Developer [S entItled, provided, h oweve r, If the event
of default by the CIty occurs, any monetary recovery by the Developer In any
such action shall be Irmlted to bona fide thIrd-party out of-pocket costs and
expenses, including reasonable attorneys' fees, Incurred by the Developer In
connection With thiS Agreement and the transactions contemplated hereby,
unless any such default by the CIty was Willful and committed In bad faith
With reckless disregard for the nghts of the Developer
b The Developer may not terminate thiS Agreement or Institute an action
deSCribed In paragraph (2a) above If the City cures such event of default
Within thirty (30) days after receipt by the City of written notice from the
Developer speclfyl ng I n reason able detail the event of defau It by the City, or If
any such event of default IS of such nature that It cannot be completely cured
Within such period, then Within such reasonably longer period of time as may
be necessary to cure such default, prOVided however, If the City IS
proceeding diligently and [n good faith, the curative penod shall be extended
for a perrod of not exceeding SIX (6) months Without any approval or consent
of the Developer being requIred, but such approval Will be required If the
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curatIve period IS to be extended beyond SIX (6) months after the notIce of
default has been given by the Developer to the City If the City has
commenced to cure such default within such thirty (30) day period and [S
dlhgently prosecuting such curative actIon to completion The City shall
within saId thIrty (30) day period or such longer penod promptly, diligently and
In good faith proceed to cure such event of default after receipt of the notIce
from the Developer and shall succeed In cUring such event of default Within
said period of time, provided, however, Ifthe City shall fall to cure such event
of default w[thln said thirty (30) day or longer period or ceases to proceed
diligently to timely cure such event of default, then the Developer may
proceed With ItS available remedies Without providing any add[tlonal notice to
the City
c Any attempt by the Developer to pursue any of the remedies referred to In
paragraphs a and b above Will not be deemed an exclus[ve election of
remedy or waiver of the Developer's right to pursue any other remedy to
which It might be entitled
d Any time perrods or deadlines proVided In thiS Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder If
such event affects the Developer's or City's ability to perform by such
deadline or the eXpIration of such period
12.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the
contrary, the specified rights and remedies to which either the City or the Developer are
entitled under thiS Agreement are not exclUSive and are Intended to be In addition to any
other remedies or means of redress to which the CIty or the Developer may lawfully be
entitled and are not specifically prohibited by thiS Agreement The suspension of, or delay
In, th e performance of ItS obligation s by the Developer wh lie the City s ha II at such tl m e be In
default of their obligations hereunder shall not be deemed to be an "event of default" The
suspension of, or delay In, the performance of the obligations by the City while the
Developer shall at such time be In default of ItS obligations hereunder shall not be deemed to
be an "event of default" by the City
12.04. Non-Action on Failure to Observe Provisions of this Agreement. The failure of the City
or the Developer to promptly or continually Insist upon strrct performance of any term,
covenant, cond[tlon or provIsion of thiS Agreement, or any Exhibit hereto, or any other
agreement, Instrument or document of whatever form or nature contemplated hereby shall
not be deemed a waiver of a ny rig ht or remedy th at the City or the Deve loper ma y have, and
shall not be deemed a waIver of a subsequent default or nonperformance of such term,
covenant, condition or provIsion
12.05. Termination Prior to Commencement o! Project.
1 The Developer and the City acknowledge and agree that as of the Effective Date
certain matters mutually agreed by the parties hereto to be essential to the
successfu I development of the Boat Dockl ng Facilities have not been satisfied or are
subject to certain conditions, legal requirements or approvals beyond the control of
any of the parties hereto or which cannot be definitely resolved under thiS
Agreement, Including, but not limited to, failure of a govemmental authOrity to grant
Development Agreement
Page 117
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a n approval requ I red for development of the Boat Dockl ng FacilitIes In recog mtlon
of these events or conditions, the partIes hereto mutually agree that, prov,lded the
appropriate or responsible party therefor diligently and In good faith seeks to the
fullest extent of Its capabIlities to cause such event or condition to occur or be
satl sfied, the fa II ure of th e eve nts or co nd Itlons listed In subsection 2 below to occur
or be satIsfied shall not constitute an event of default by any party under this Article
12, but may, upon the ejection of any party hereto, be the baSIS for a termination of
this Agreement In accordance WIth this Section
2 In addition to any other nghts of terminatIon provided elsewhere In thIS Agreement,
pnor to commencement of the Boat Docking Facilities, thiS Agreement may be
terminated as provided In subsection 3 of thiS section by the City or the Developer
after the occurrence of any of the follOWing events or conditIons (except for
subsection b ,In which event only the Developer may terminate thiS Agreement
pursuant to thIS subsection 2 )
a The appropnate governmental authonty (including the City In exercise of ItS
governmental and regulatory authOrity and responslblhty), upon petItion by
the Developer denies or falls to enter Into the SSlL, Issue the Permits, or
Issue any other approval necessary to commence construction of the Boat
Docking FaCilities, proVided the Developer has proceeded diligently,
expeditiously and In good faith to obtaIn such SSLl, Permits or other
necessary actions,
b A previously unknown site condition IS subsequently discovered and that
condition prevents successful development of the Boat Docking FaCIlities
3 Upon the occurrence of an event described In subsection 2 or In the event that the
Developer or the City, after diligently and In good faith to the fullest extent ItS
capabIlities, IS unable to cause a conditIon precedent to ItS respective obligations to
occur or be satisfied, then the Developer or the City may elect to terminate thiS
Agreement by giving a notice to the other party hereto Within thirty (30) days of the
occurrence of such event or the determination of Inability to cause a condltlon
precedent to occur or be satisfied, stating ItS election to terminate thIS Agreement as
a result thereof, In whIch case thiS Agreement shall then terminate
4 In the event of a termination pursuant to thIS Section 12 05, neither the Developer
nor the City shall be obligated or liable one to the other In any way, finanCIally or
otherwise, for any c1al m or matter a rI sing from or as a resu It of th IS Ag reement or any
actions taken by the Developer and the City, or any of them, hereunder or
contemplated hereby, and each party shall be responsible for ItS own costs,
however, the proVISions of Sections 9 01 and 1001 shall apply and shall survive
termInation of thiS Agreement, the prOVISions of thiS Subsection 1205 4 to the
contrary notwithstanding
12.06. Termination Certificate.
1 In the event of a termination of thiS Agreement for any reason prior to the Expiration
Date, each of the parties hereto do cove na nt and agree With each other to promptly
execute a certificate prepared by the party electing to terminate thiS Agreement,
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which certificate shall expressly state that this Agreement has been terminated In
accordance with Its terms, IS no longer of any force and effect except for those
provISions hereof whIch expressly survive termination, that the nghts, duties and
obligations of the parties hereto have been terminated and released (subject to
those surviVing provIsions hereof) and that the Boat Basin IS no longer subject to any
restnctlons, limitations or encumbrances Imposed by thiS Agreement
2 The certIficate desCribed In Subsection 1 shall be prepared In a form SUitable for
recording and promptly after execution by all of the parties hereto shall be recorded
In the publiC records of Plnellas County, FlOrida
ARTICLE 13. RIGHT TO CONTEST
13.01, Rig ht to C ontes t Subject to the conditions set forth I n Section 13 02 below, the City or th e
Developer each may, at ItS sole discretion and expense, after pnorwntten notice to the other
partIes hereto, contest by appropnate action or proceeding conducted In good faIth and WIth
due diligence, the amount or validity or applIcatIon, In whole or In part, of any lien, any
payment of any taxes, assessments, Impact fees or other public charges of a simIlar nature
that may from time to tIme be leVied upon or assessed by any appropnate governmental
authOrity against the CIty, the Developer, the Boat Docking FaCIlities (or any part thereof),
the Boat BaSIn or personal property thereon, and the revenues generated from the use or
operation of any or all of the above, any other payment speCifically Identified In thiS
Agreement, or compliance With any law, rule, regulation, or other such legal requirement
13.02, Conditions. The right to contest any charge, payment or requIrement pursuant to Section
13 01 IS subject to the following
1 Such proceeding shall suspend the execution or enforcement of such charge,
payment or requirement,
2 Such proceedIng Will not create any nsk of Impairment of the constructlon,
completion, operation or use of the Boat Docking FaCIlIties or any part thereof, In any
material respect, and no portion of the Boat DockIng FaCilities would be subject to
any risk of belOg Involuntarily sold, forfeited or lost or the constructIon, equipping, or
completion of the Boat Docking FaCIlities or any part thereof be delayed or
prohibited,
3 Such proceedIng Will not subject any other party to cnmlnal liability or risk of matenal
Civil Ilablhty for failure to comply thereWith, or Involve nsk of any material claim
against such party, and
4 The party seeking the benefit of thiS Article shall have furnished to the other parties
such secunty, If any, as may be required In such proceeding or as may be
reasonably requested by the others, to protect the Boat Doc~lng FaCilities and any
part thereof, and any Interest of such parties hereunder
ARTICLE 14. ARBITRATION
14.01. Agreement to Arbitrate, Only as speCifically prOVided In thiS Agreement and only If any
JudiCial or administratIve actron or proceeding has not been commenced With regard to the
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same matter and, If so, the party hereto commenCing such actIon has not dismissed It, any
disagreement or dIspute between the parties may be arbitrated In the manner set forth In this
Article 14 All partIes hereby agree such arbitration, once commenced, shall be the
exclusive procedure for resolving such disagreement or dispute and agree to be bound by
the result of any such arbitratIon proceedIng unless all parties mutually agree to terminate
such proceeding prior to decISIon If any arbitration proceeding under thIS part adversely
affects the performance of any party hereunder, then any time penods provided herein for
such performance by that party shall be tolled dunng the pendency of the arbitration
proceedmg affecting such performance -
1402 Appointment of Arbitrators.
1
2
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Unless accelerated arbitration as provided In Section 1408 hereof IS
Invoked, any party Invoking arbitration herewith shall, Within five (5) days after
giVing notice of Impasse m the dIspute resolution process or upon follOWing
the expl ration of the tl me penod for such dls pute resolution occurrence of the
event permitting arbitration to be Invoked, give written notice to that effect to
the other parties, and shall In such notice appoint a disinterested person who
IS on the list of qualified arbltrators maintaIned by the Amencan Arbitration
Association or a disinterested person not on such list to whom an objection IS
not made by any other party hereto wlthm five (5) days of receipt of the notice
of such appointment as the arbitrator or, If more than one (1) arbitrator IS to
be apPOinted, as one of the arbItrators
b Within ten (10) days after receipt of the notice descnbed In paragraph (1), the
other parties shall by written notice to the onglnal party acknowledge that
arbitration h as been Invoked as pe rm Itted by thIS Ag reement, and shall eIther
accept and approve the appomtment of such indIvidual set forth In the
orlgmal notIce as a sole arbitrator or shall appoint one (1) disinterested
person per party of recogmzed competence In such field as an arbitrator
a
If two (2) arbitrators are apPOinted pursuant to subsectIon a above, the
arbitrators thus apPOinted shall appoint a third disinterested person who IS on
the list of qualified arbitrators maintained by the American Arbitration
Association, and such three (3) arbitrators shall as promptly as possible
determine such matter
b If the second arbitrator shall not have been appOinted as provided In
subsection a , the first arbitrator shall, after ten (10) days notice to the
parties, proceed to determine such matter
c If the two (2) arbitrators appOinted by the parties pursuant to subsection a
shall be unable to agree Within fifteen (15) days after the apPointment of the
second arbItrator upon the appointment of a third arbitrator, they shall give
wntten notice of such failure to agree to the parties, and, If the parties then
fall to agree upon the selectIon of such third arbitrator Within fifteen (15) days
thereafter, then wlthm ten (10) days thereafter each of the parties upon
wntten notIce to the other parties hereto may request the appointment of a
third arbitrator by the office In or for the State of FlOrida (or If more than one
office, the office located closest to the City) of the Amencan Arbitration
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ASSociation (or any successor organization thereto), or, In Its absence,
refusal, failure or Inablhty to act, request such appomtment of such arbitrator
by the United States Dlstnct Court for the MIddle Dlstnct of Flonda (which
request shall be filed In the divIsion of that court responsible for the
geographic area Including the City), or as otherwise provided In Chapter682,
Flonda Statutes, known and referred to as the FlOrida ArbItration Act as
amended '
14.03. General Procedures. In any arbItration proceeding under this part, those parties appointing
arbitrators shall each be fully entItled to present eVidence and argument to the sole arbitrator
or panel of arbitrators The arbitrator or panel of arbItrators shall only Interpret and apply the
terms of thiS Agreement and may not change any such terms, or deprive any party to thIS
Agreement of any right or remedy expressed or ImplIed In thiS Agreement, or award any
damages or other compensatIon to any party hereto The arbitratIon proceedings shall
follow the rules and procedures of the Amencan Arbitration Association (or any successor
orga n Izatlon the reto) unless specifically mod lfied by th IS Agree ment, or as then agreed to by
the parties hereto
14.04. Majority Rule. In any arbitration proceedmg under thIS part, the determination of the
maJonty of the panel of arbitrators, or of the sole arbitrator If only one (1) arbitrator IS used,
shall be conclUSive upon the parties and judgment upon the same may be entered In any
court havmg junsdlctlon thereof The arbitrator or panel of arbitrators shall give wntten
notice to the parties stating hIs or their determmatlon Within thirty (30) days after the
conclUSIon of the hearing or final submiSSIon of all eVidence or argument
14.05. Rep lacem e nt of Arb Itrato r I n the event of the fallu re, refusal or I nablhty of a ny a rbltrator to
se rve as such, prom ptly upon such determ I nation be 109 made by th e affected arbltrato r, th e
affected arbitrator shall give notIce to the other two (2) arbitrators (If applicable) and to the
partIes hereto, and then a new arbitrator shall be promptly appointed as a replacement,
which appomtment shall be made by the party or the arbitrators who apPointed the affected
arbitrator In the same manner as proVided for In the Original appOIntment of the affected
arbitrator 10 Section 14 02 hereof
14.06. DeciSion of Arbitrators.
1 If any deCISion reached by arbItration as prOVided In thiS part requires performance
by the Developer, the Developer covenants and agrees to comply With any deCISion
of the arbltrator(s) promptly after the date of receipt by the Developer of such
decIsion, and to continue such performance to completion With due diligence and In
good faith
2 If any such decIsion req ulres performa nce by the City, the City covenants and ag rees
to comply promptly With any deCISion reached by arbitrators) promptly after the date
of receipt by the City of such deCISion, and to continue such performance to
completion With due diligence and In good faith
3 NothIng In thiS part, nor In any arbltratlon deCISion rendered under thiS part, shall be
construed to require any payment by the City to the Developer not otherwise
prOVided for herem
Development Agreement
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14.07. Expense of Arbitration. The expenses of any arbitration proceeding pursuant to this part
shall be borne equally by the parties to such proceeding, provided, however, for the purpose
of thiS Section 14 07, "expenses" shallmclude the fees and expenses of the arbitrators and
the American ArbItratIon AssociatIon With respect to such proceeding, but shall not mclude
attorneys' fees or expert witness fees, or any costs Incurred by attorneys or expert
WItnesses, unless (and to the extent) agreed to by the partIes to such proceedIng, which In
the absence of such Agreement shall be the responsibility of the party Incurrrng such fees or
costs
14.08. Accelerated Arbitration
1
a
If any of the parties to any arbitration proceeding under thiS part determines
the matter for arbitration should be decided on an expedited basIs, then after
an Initial election to Invoke arbitration pursuant to Section 1402 hereof has
been made, either party to such proceeding may Invoke accelerated
arbitration by giVing notice thereof to the other parties no later than three (3)
days after arbitration has been initially Invoked and the other parties do not
object Within three (3) days thereafter
b Accelerated arbitration, for purposes of thiS SectIon 1408, shall be
accomplished by either party notifYing the American Arbitration ASSOCiation
(or any successor organization thereto) that the partIes have agreed to a
single arbitrator, qualified to decide the matter for arbitration, to be apPOinted
by the Amencan Arbitration ASSOCiation (or any successor orgamzatlon
thereto) With the consent of the parties to such proceeding within three (3)
days after receipt of the request and to deCide such matter Within five (5)
days after such appoIntment
c If an arbitrator IS not so appOInted With consent of the parties to the
proceeding Within three (3) days after the notIce referred to In paragraph (2)
IS received by the Amencan Arbitration Association, the accelerated
proceeding under thIS Section 1408 shall terminate and the procedures
otherwise set forth In thiS Article 14 shall apply, unless the parties mutually
agree to an extension of such time penod
2 The Developer and the City hereby agree to use such accelerated procedure only
when reason a bly necessary, to not contest the a ppOI ntment of the arbitrator or hiS or
her deCISIon except as may be permitted by law, and that all other proVISions of thIS
part, except as are In conflict With thiS Section 14 08, remain In effect and applicable
to an accelerated arbitration proceeding
14.09. Applicable Law. To the extent not Inconsistent WIth thiS artIcle, any arbitration proceeding
under thiS article shall be governed by the prOVISIons of Chapter 682, FlOrida Statutes, as
amended, known and referred to as the Flonda Arbitration Code
14.10. Arbitration Proceedings and Records Any arbItration hearing under thiS article shall be
conSidered a meeting su bJect to Section 286 011 , FlOrida Statutes, and shall be open to any
member of the public Unless otherwise rendered confidential pursuant to or by the
operation of any applicable law or order (other than an order by a sole arbitrator or panel of
Development Agreement
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arbitrators acting under this part), the record of such proceedings shall be a public record
under Chapter 119, Flonda Statutes
ARTICLE 15. UNAVOIDABLE DELAY
15.01 Unavoidable Delay.
1 Any delay In performance of or Inability to peliorm any obligation under thiS
Agreement (other than an obligation to pay money) due to any event or condition
desCribed In paragraph (b) as an event of "Unavoidable Delay" shall be excused In
the manner prOVided In thiS Section 15 01
2 "UnavoIdable Delay" means any of the follOWing events or conditions or any
combinatIon thereof acts of God, lItigation which has the effect of precluding
reasonable satisfaction of the obligations of thIS Agreement, acts of the public
enemy, riot, Insurrection, war, pestilence, archaeological excavations required by
law, unavailability of materials after timely ordenng of same, epidemIcs, quarantine
restrictions, freIght embargoes, fire, llghtmng, humcanes, earthquakes, tornadoes,
floods, extremely abnormal and excessively Inclement weather (as indicated by the
records of the local weather bureau for a five-year period precedIng the Effective
Date), strikes or labor disturbances, delays due to proceedings under Chapters 73
and 74, Flonda Statutes, restoration In connection with any of the foregoing or any
other cause beyond the reasonable control of the party performing the obligation In
question, Including, without limitation, such causes as may arise from the act of the
other pa rty to th IS Ag reement, 0 r acts of any g ove rn mental authonty (except th at acts
of the City shall not constitute an Unavoidable Delay with respect to performance by
the City)
3 An applicatIon by any party hereto (referred to In thiS paragraph (c) and In paragraph
(d) as the "Applicant") for an extension of time pursuant to thiS subsection must be
In wntlng, must set forth In detail the reasons and causes of delay, and must be filed
with the other party to thiS Agreement wlthm seven (7) days follOWing the occurrence
of the event or condition causing the Unavoidable Delay or seven (7) days follOWing
the Applicant becommg aware (or with the exercise of reasonable diligence should
have become aware) of such occurrence
4 The Applicant sh all be entitled to a n extension of time for an UnavOIdable Delay only
for the nu m be r of days of delay due solely to the occu rrence of the event or cond Itlon
causing such Unavoidable Delay and only to the extent that any such occurrence
actually delays that party from proceeding With ItS rights, duties and obligations under
thiS Agreement affected by such occurrence
ARTICLE 16. RESTRICTIONS ON USE.
16.01. Project Pnor to the earlier of the TermInation Date or the Expiration Date, no use of the
Boat Docking FaCilities, other than as descnbed In Section 2 03, shall be permitted, unless
and until the Developer or the person, If other than the Developer, Intending to so use the
Boat Docking FaCIlities, shall file With the City a request for a release from the restnctlon
Imposed by thiS Section The Governing Body of the City shall promptly conSider such
request and either deny the request, approve the request as filed, or approve the request
Development Agreement
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F 'jm<V1tJnIot'(:l\' Oo>elopmefil "'" '2 - ."" """
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subject to such terms, conditions and limitations as the City may reasonably require Unless
specifically requested and approved, a release of the restriction Imposed by this Section
shall not release the Developer from any obligatIons or restrictions Imposed by this
Agreement or any agreement, Instrument or document contemplated hereby
ARTICLE 17 FIRE OR OTHER CASUALTY, CONDEMNATION
17 01. Loss or Damage to Project
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1 Until the Termination Date or the EXpiration Date, and Without regard to the extent or
availability of any Insurance proceeds, however, subject to any condition or
limitations as set forth In the SSLL or Permits, the Developer shall have the right to
commence and complete the reconstruction or repair of any loss or damage caused
by fire or other casualty or by eminent domain (provided the City IS not the
condemnrng authOrity) to each and every part of the Boat Docking FaCIlities
substantially the same condition as eXisted pnor to the occurrence of such loss or
damage, promptly after the City approves the Plans and Specifications for such
reconstruction or repairs
2 The City shall review the Plans and Specifications for such reconstruction or repairs
as soon as possible after filing thereof by the Developer The City agrees to approve
the Plans and Specifications for such reconstruction or repairs If the reconstruction
or repairs contemplated by such Plans and SpecIfications Will restore the Boat
Docking FaCIlities, or the damaged portion thereof, to substantially the same
condition as eXisted prior to the occurrence of such loss or damage and If such
Plans and Specifications conform to the applicable laws, ordinances, codes, and
regulations In effect at the time of filing With the City of the plans and specifications
for such reconstruction or repairs
3 If Developer elects not to reconstruct or repair the Boat Docking FaCIlities as
proVided herein, Developer shall promptly remove all Improvements constituting the
Boat Docking FaCIlities In compliance With the requirements of the City, SSLL and
the Permits
17.02. Partial Loss or Damage to ProJect. Until the Terminate Date or the Expiration Date, any
loss or damage by fire or other casualty or exercise of eminent domain to the Boat Docking
FaCIlities, or any portion thereof, which does not render the Boat Docking FaCIlities unusable
for the use contemplated by Section 2 03 of thiS Agreement, shall not operate to terminate
thiS Agreement or to relieve or discharge the Developer from the timely performance and
fulfillment of the Developer's obligations pursuant to thiS Agreement, subject to an extension
of time for an UnaVOidable Delay
17 03. Insurance Proceeds.
1 Whenever the Boat Docking FaCIlities, or any part thereof, shall have been damaged
or destroyed, the Developer shall promptly make proof of loss and shall proceed
promptly to collect, or cause to be collected, all valid claims which may have ansen
against Insurers or others based upon such damage or destruction
Development Agreement
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2 Subject to the rights of a Project Lender, the Developer agrees that all proceeds of
property or casualty Insurance received by the Developer as a result of such loss or
damage shall be available and shall be used for payment of the costs of the
reconstruction or repair of the Boat Docking FacIlitIes to the extent necessary to
repair or reconstruct the Boat Docking Facilities
17.04. N otl ce of Loss 0 r Damage to Boat D ockl ng Facilities. The Developer shall promptly give
the City written notice of any Significant damage or destruction to the Boat Docking FacIlities
statmg the date on whIch such damage or destruction occurred, the expectations of the
Developer as to the effect of such damage or destructIon on the use of the Boat Docking
Facilities, and the proposed schedule, If any, for repair or reconstruction of the Boat Docking
Facilities
17.05. Condemnation of Boat Docking Facilities; Application of Proceeds. In the event that
part, but not all, of the Boat Docking FaCilities shall be taken by the exerCIse of the power of
eminent domain at any time before the EXpIration Date, subject to the rights of a Project
Lender, the compensatIon awarded to and received by the Developer shall be applied first to
the restoratIon of the Boat Docking FaCilities, proVided the Boat Docking Facilities can be
restored and be commerCially feaSible for Its Intended use as contemplated by Section
2 03 1 of thIS Agreement after the taking, and, If not, can be reta10ed by the Developer
ARTICLE 18. MISCELLANEOUS
18.01. Assignments
1 By the Developer
a The Developer may sell, convey, assign or otherwise dispose of any or all of
ItS right, title, Interest and obligations In and to the Boat Docking FaCIlities, or
any part thereof, only with the pnorwrltten consent of the City, which consent
IS hereby granted for assignment to a party to which Developer's rights are
aSSigned pursuant to the Development Agreement, 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 Boat Docking FaCilities 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 Boat Docking FaCilities, or any part thereof assumes all of the
Developer's obligations hereunder, then the Developer shall be released
from all such obllgatlons hereunder which have been so assumed by the
assignee, and the City agrees to execute an Instrument eVidenCing such
release, which shall be 10 recordable form
c An assignment of the Boat Docking FaCilitIes, any part thereof, by the
Developer to any corporation, limited partnership, hmlted liability company,
general partnership, or JOint venture, 10 which the Developer (or an entIty
under common control With Developer) has either the controlling Interest or
through a JOint venture or other arrangement shares equal management
Development Agreement
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nghts and maintains such controlhng Interest or equal management nghts
shall not be deemed an assignment or transfer subject to any restriction on
or approvals of assignments or transfers Imposed by this SectIon 18 01,
provided, however, that notice of such assignment shall be given by the
Developer to the City not less than thirty (30) days pnor to such assignment
being effective and the assignee shall be bound by the terms of this
Agreement to the same extent as would the Developer In the absence of
such assignment
d No assignee, purchaser, sublessee or acqulrer of all or any part of the
Developer's rights and oblrgatlons With respect to any portion of the Boat
Docking FaCilities shall In any way be Obligated or responsIble for any of the
Developer's oblIgations by virtue of thiS Agreement unless and until such
assignee, purchaser, sublessee or acqUlrer has expressly assumed the
Developer's obligatIons
e Notwithstanding the foregOIng, so long as thiS Agreement IS In effect,
Developer shall have the nght to sublease or license the use of indiVIdual
Developer Boat Slips to Owners Within the Project Without City's consent
18.02. Successors a nd Ass Ig ns. The terms herel n contaIned s hall bind and I nure to the benefit of
the CIty, and ItS successors and assigns, and the Developer and ItS successors and assigns,
except as may otherwise be speCifically prOVIded herein
18.03. Notices.
1 All notices, demands, requests for approvals or other communications given by
either party to another shall be In Writing, and shall be sent by registered or certified
mall, postage prepaid, return receipt requested or by COUrier service, or by hand
delivery to the office for each party indIcated below and addressed as follows
To the Developer
To the City
CBR Development I, LLC
2201 - 4th Street North
SUite 200
St Petersburg, FL 33704
Attn J Michael Cheezem
City of Clearwater
112 S Osceola Avenue
Clearwater, FL 33756
With copies to
With copies to
E D (Ed) Armstrong, III
POBox 1368
Clearwater, FL 33757
Pam Akin, EsqUire
Clearwater City Attorney
112 S Osceola Avenue
Clearwater, FL 33756
and
Development Agreement
Page 126
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F ~"""""""",,,.,.l>o_pmo"' "'" .2 _ .""'_
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Greene & Schermer
1301 - 6th Avenue West
SUite 400
Bradenton, FL 34205
Attn Robert F Greene, Esquire
2 Notices given by couner service or by hand delivery shall be effective upon delIVery
and notices given by mall shall be effective upon receipt Refusal by any person to
accept delivery of any notice delivered to the office at the adaress mdlcated above
(or as It may be changed) shall be deemed to have been an effective delivery as
provided In thiS SectIon 18 03 The addresses to which notices are to be sent may
be changed from time to time by written notice delivered to the other parties and
such notices shall be effective upon receipt Until notice of change of address IS
received as to any particular party hereto, all other parties may rely upon the last
address given
18.04. Applicable Law and Construction. The laws of the State of FlOrida shall govern the
validity, performance and enforcement of thIS Agreement ThiS Agreement has been
negotIated by the City and the Developer and the Agreement, including, Without limitation,
the ExhibItS, shall not be deemed to have been prepared by the City orthe Developer, but by
all equally
18.05. Venue; Submission to Jurisdiction
1 For purposes of any SUIt actIon, or other proceeding anslng out of or relating to thiS
Agreement, the parties hereto do acknowledge, consent, and agree that venue
thereof IS Pmel1as County, FlOrida
2 Each party to thiS Agreement hereby submits to the JUrisdIctIon of the State of
FlOrida, Plnellas County and the courts thereof and to the jUrisdiction of the Umted
States District Court for the Middle District of FlOrida, for the purposes of any SUit,
action, or other proceeding anslng out of or relating to thiS Agreement and hereby
agrees not to assert by way of a motion as a defense or otherwise that such action IS
brought In an Inconvenient forum or that the venue of such action IS Improper or that
the subject matter thereof may not be enforced In or by such courts
3 If at any tl me du ring the te rm of th IS Agreement the Developer IS not a reSident of the
State of FlOrida or has no office, employee, City or general partner thereof available
for servIce of process as a reSident of the State of FlOrida, or If any permitted
assignee thereof shall be a foreign corporation, partnershIp or other entity or shall
have no officer, employee, agent, or general partner avaIlable for service of process
In the State of Flonda, the Develo per hereby deslg nates the Secretary of State, State
of FlOrida, ItS agent for the servIce of process In any court action between It and the
City, or both, arising out of or relating to thiS Agreement and such servIce shall be
made as prOVided by the laws of the State of FlOrida for service upon a non-resident,
prOVIded, however, that at the time of service on the Flonda Secretary of State, a
copy of such servIce shall be delivered to the Developer at the address for notIces as
prOVided In 18 03
Development Agreement
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ADOPTED
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18.06. Estoppe I Certificates The Develope r and the City shall at any tlme and from tl me to tl me,
upon not less than ten (10) days prior notice by another party hereto, execute, acknowledge
a nd deliver to the other partIes a statement In recordable form certlfYI ng that thiS Agreement
has not bee n modified and IS In fu II force and effect (or If there have been modification s that
the said Agreement as modified IS In full force and effect and setting forth a notatIon of such
modifications), and that to the knowledge of such party, neither It nor any other party IS then
In default hereof (or If another party IS then In default hereof, statmg the nature and detaIls of
such default), It being Intended that any such statement delivered pursuant to thiS Section
18 06 may be relied upon by any prospective purchaser, mortgagee, successor, aSSignee of
any mortgage or assignee of the respective Interest In the Boat Docking FaCilities, If any, of
any party made In accordance with the prOVISions of thiS Agreement
18.07. Complete Agreement; Amendments
1 ThIS Agreement, and all the terms and provIsions contained hereIn, Including without
limitation the Exhibits hereto, constitute the full and complete agreement between
the parties hereto to the date hereof, and supersedes and controls over any and all
pnor agreements, understandings, representatIons, correspondence and statements,
whether written or oral
2 Any provIsion of thiS Agreement shall be read and applied In para matena WIth all
other proVIsions hereof
3 ThiS Agreement cannot be changed or revised except by written amendment signed
by all parties hereto
18 08. Ca ptio ns. The artl c1e a nd section head I ngs and captlons of th IS Agreement and the table of
contents preceding thiS Agreement are for convenience and reference only and In no way
define, limit, descnbe the scope or Intent of thiS Agreement or any part thereof, or 10 any way
affect thIS Agreement or construe any article, section, subsection, paragraph or prOVIsion
hereof
18.09. Holidays. It IS hereby agreed and declared that whenever a notice or performance under
the terms of thiS Agreement IS to be made or given on a Saturday or Sunday or on a legal
holiday observed In the City, It shall be postponed to the next follOWing business day
18.10. Exh I bits. Each ExhIbIt referred to a nd attached to th IS Ag reement IS a n essential pa rt of th IS
Agreement The Exhibits and any amendments or reVISions thereto, even If not phYSically
attached hereto shall be treated as If they are part of thiS Agreement
18.11. No Broke rs The City a nd the Developer hereby represent, agree and acknowledge that no
real estate broker or other person IS entitled to claim or to be paid a commiSSion as a result
of the execution and delivery of thiS Agreement, Includmg any of the Exhibits
18.12. Not a n Agent of City. Du rI ng the term of th IS Ag reement, the Developer hereu nder shall not
be an agent of the City With respect to an y and all servIces to be performed by the Developer
(and any of ItS agents, assigns, or successors) With respect to the Boat Docking FaCIlities
18.13 Memoran d um of Ag reement. The City a nd the Developer ag ree to execute, In reco rdable
form, at the request of either party, a short form "Memorandum of Agreemenf and agree,
Development Agreement
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authorize and hereby direct such Memorandum to be recorded In the publIc records of
Plnellas County, Flonda, as soon as possible after execution thereof The Developer shall
pay the cost of such recording
18 14 Pub I ic Purpose The pa rtles a ckn owled ge and ag ree that thiS Ag reem ent satisfies, fu lfi II s
and IS pursuant to and for a public purpose and municipal purpose and IS In the public
Interest, and IS a proper exercise of the City's power and authority
18.15. No Ge nera I 0 bllgation I n no event sha II any 0 bllgatl on of the C Ity under th IS Ag ree me nt
be or constitute a g en e ra I obi I g atlon or I ndebtedness of the City, a pledge of the ad v alore m
taxing power of the City or a general obligation or Indebtedness of the City within the
meaning of the Constitution of the State of Flonda or any other applicable laws, but shall be
payable solely from legally avaIlable revenues and funds NeIther the Developer nor any
other party under or beneficiary of thiS Agreement shall ever have the right to compel the
exercIse of the ad valorem taxing power of the City or any other governmental entIty or
taxation In any form on any real or personal property to pay the City'S obligations or
undertakings hereunder
18.16. Oth er Req uirerne nts of State Law. Nothing In thiS Ag reement sha II be deemed to relieve
either pa rty from full com pllance With any proVISIon of State law which IS applicable to a ny of
the obligations or undertakings provIded for In thiS Agreement In the event that thIS
Agreement omits an obligation to comply With any provIsion of State law In regard to any of
the obligations or undertakIngs provIded for In thiS Agreement, It IS the intention of the
parties that such applicable State law shall be deemed Incorporated Into thiS Agreement and
made a part thereof In the event that there IS any conflict between the prOVISions of thIS
Agreement and applicable State law, It IS the intention of the parties that the Agreement shall
be construed to Incorporate such proVISions of State law and that such prOVISIons shall
control
18.17. T ec h n Ical Amend me nts; Survey Co rrections. I n the event that due to ml nor In accuracies
contained herein or any Exhibit attached hereto or any other agreement contemplated
hereby, or due to changes resulting from technical matters ariSing dUring the term of thiS
Agreement, the partIes agree that amendments to thiS Agreement required due to such
InaccuraCies, unforeseen events or circumstances which do not change the substance of
thiS Agreement may be made and Incorporated herein The City Manager IS authOrized to
a pprove such tech nlcal amend ments on behalf of the City, respectively, and IS authonzed to
execute any reqUired Instruments, to make and Incorporate such amendment to thiS
Agreement or any Exhibit attached hereto or any other agreement contemplated hereby
18.18. Term, Expiration, Certificate.
1 If not earlier terminated as prOVided In Section 12 05, thIS Agreement shall expire
a nd no longe r be of any force and effect on the thirteenth anniversary of the Effective
Date Notwlthstandmg the foregOIng, prOVided the SSLL remains In effect and no
default by Develo per under th IS Agreement then eXists, the Developer shall have the
option to renew thiS Agreement for five (5) successive renewal terms of ten (10)
years each, and such renewal options shall be deemed automatIcally exerCised
unless written notIce from Developer of Intent to not renew IS received by the City
pnor to the expiration of the then current term
Development Agreement
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ADOPTED
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2 Upon completion of the term of this Agreement, all parties hereto shall execute the
Agreement Expiration Certificate The Agreement Expiration Certificate shall
constitute (and It shall be so provIded In the certificate) a conclusive determination of
satisfactory completIon of all obligations hereunder and the expiration of this
Agreement
3 In the event of any dispute as to whether any party IS required to execute the
Agreement ExpiratIon Certificate, the dispute shall be resolved by arbitration as
provided In Article 14 -
4 The Agreement Expiration Certificate shall be In such form as Will enable It to be
recorded In the pUblic records of Pmellas County, Florrda FollOWing execution by all
of the parties hereto, the Agreement ExpiratIon Certificate shall promptly be recorded
by the Developer In the publiC records of Prnellas County, FlOrida and the Developer
shall pay the cost of such recording
18.19. Approvals Not Unreasonably Withheld The parties hereto represent that It IS their
respective Intent as of the EffectIVe Date and do covenant and agree In the future that all
approvals, consents, and reviews Will be undertaken and completed as expeditiously as
pOSSible, In good faith, and Will not be arbitrarily or unreasonably Withheld, unless otherwise
expressly authOrized by the terms of thiS Agreement
18.20. Effective Date The Effective Date shall be the d ate of the last slg n atu re to thiS Agreement
Development Agreement
Page 130
ADOPTED
F 'jmc....O<,c.. 0.-._'" AgO 12 .... ...m ~o<
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IN WITN ESS WHEREOF, the parties hereto have set theIr hands and their respective seals
affixed as of this _ day of ,200_
THE CITY OF CLEARWATER, FLORIDA
Attest
By
By
City Clerk
Mayor
Approved as to form and correctness
, EsquIre
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing Instrument was acknowledged before me thiS _ day of ,
200_, by and , Mayor and CIty Clerk,
respectively, for the City of Clearwater, FlOrida, on behalf of the CIty, who IS 0 personally known to
me or 0 has produced a FlOrida driver's license or 0 - as
IdentIfication
NOTARY PUBLIC
Prrnted Name
CommisSion No
My CommisSion expires
Development Agreement
Page 131
ADOPTED
f ,.mc\h.tJ,..ulf"Ccr Ot!IWlopl'M'nI ~ 1:2: win ee rjQ(:;
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CBR DEVELOPMENT I, LLC,
a FlOrida limited lIability company
By CBR Commumtles I, Ltd ,
a Florida limited partnership
Managing Member
By JMC Communities of Clearwater V, Inc
a Florida corporation, General Partner
By
Name J Michael Cheezem
Title CEO
STATE OF FLORIDA
COUNlY OF PINELLAS
The foregOing Instrument was acknowledged before me thIs _ day of ,
200_, J Michael Cheezem, as CEO of JMC Commumtles of Clearwater V, Inc, a Florida
corporation, the General Partner of CBR CommunitIes I, Ltd, a Florida limited partnership, the
Managing Member of CBR Development I, LLC, a Florida limited liability company, who IS 0
personally known to me or 0 has produced a Florrda driver's license or 0
as IdentificatIon
NOTARY PUBLIC
Printed Name
Commission No
My CommiSSion expires
Development Agreement
Page 132
ADOPTED
F 'lm<iIMlnlet'Cty Dowlopmen. AGt '2 ..... ...... -
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EXHIBIT "A"
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Boat Dock Improvementt
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CLEARWATER BEACH
FAMilY RECREATION CENTER
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Dellelopment Agreement
Page 133
ADOPTED
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n .... em camra.J..lD
BELLE HARBOR
"
F j""""....l'Cly o..""".",,.,,>t AQI12 will .",. """
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Development Agreement
Page 134
ADOPTED
EXHIBIT "B"
CITY PROPERTY
LEGAL DESCRIPTION
Parcel No OS/29/15/00000/330/01 00
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Development Agreement
Page 136
ADOPTED
EXHIBIT 0
LICENSE AGREEMENT
TO BE PROVIDED BY THE CITY ATTORNEY
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PROOF OF
OWNERSHIP
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TblllndantaR, loW: lido 11.1:#<. "'1'1' M;zy . 2001 .w. f1tlwecu
LQIlU An"etalOpOuloo at-a 2Jill. ~p~.l.o". B111 .tlJ.aut~1I and
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of lit CIoooII' or Plhc.lla.e . _ or l'lCl:dda . JfI.lIUln. ...
Mandal.ay IhVBlltlMnta, LLC, lit floJ'''~ litll1tJ:d lNibHity l;lORIplln'l
__II; 220:1. 4th Stroot llQIrI:h, 8u1ce 200. lit. Polotelr~. i"L 33704
IC"" ~ l'f 1'11\011&.. _ Of J'lodda. . cnutlle.
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Lot:- '3 Ulrou'Jh 49. kob 6$ t:h&'O\lOb 71, lUld thB Routh U.75 Ceot of
J.Ot. 64. cu:ARlfA'nm: SEl'ICR PARK. "'II nao>;dBd :La Plat Soot. 10. ~"" 411,
of the l'\IbUCl Rouotdl Of l'LnlallB" OaIXl\:Yr Plod-cb.
lIab)oot to I"Qltl:'.l.OtJllflll. nlGn'at1oll'il' ~ tltul/lll'&ClD.CJ1 Clf OClOI:'4, 4f
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PROOF OF OWNERSHIP
HUNTER HOTEL COMPANY, FORMERLY KNOWN AS FLORIDA
CLEARWATER BEACH HOTEL CO.
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3065328
i!l~i~ Jlnbtntu,t:76 ~577
Ma4a th.t.t /s,. r:l"1l rJ/ ~ .4, n. 19 6s
Between
DAVlD M. SCHWARTZ, jOined by LILLIAN G. SCHWARtz. his wtfe
7-
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TtIT1It.AN3C _"'Ii*"IPII,. IIf .. ....... ...11I1 'II
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at t}l.6 Ooun,tII 01 HillsDOro\.l&h
parties 01 tAil ftrlt part, and
01 I!DrpDrot~!;gR~At.t.~~~liLBltu9,Ho~~LfJla of Florida ,
h.(I.vln.t iU pri~lplU plee, 01 ~1I.u'",,., In th" aoknty of Finellai' 4nd
awts 01 'Flqrida part'll 01 ehe lecond part, whose mailing
ad~~tv; cfElClearwater aeach Hotel, Clearwater, Florida
W ItrieeeeLO., t~t th, ,oUl pa,t 1e.s of th.(J f1"t TXJ,t, for aM tn. con.ti44lYl~JI.
of the '"'n ofTen Dollare and other good and valuable con&ide.):'..~,
to them In harv.J paul, th" '8lJMpt wh8nol iI h8r8b1l aoImowkdtfJd, have.
trant8d, bo'taln8d, fold, aluIII,t.d, r8mwsd, '81IJlU-.f, 81\.f~fffJd. tJ07WtSJIeG and dOOn.-
ft/'111,8d and 5y thua pr818M, 40 trant, bartam, ,oa, olifm, 71m1H6, r~e.
InItio!!, 1J0n.vtly aM conftnn unto tht fald pa,ty of tM Ill00M port 4IId itl _0""-
.o~. and (U,ftn.t for~ve~, aU ~1L(Je Cllrt.(1'n pCJro~ or l4nd lJlf.Jt.t 11114 b8!n.t ~n the
COUBty 01 Pine 1111 S and 8t4to 01 Florida, mor~ parUclUo~fy
ducnoed C~ fo:low~.
and Stotl!! of
Florida
Loes 1 sna 10 of MILLER'S REPLAT, as recorded
1n Plat Book 24. pag~ l7 of the Public Records
of Pinellas County, Florida
Subject to restrict10ns and easements of record.
Subject to .ea1 property taxes for 1965.
TOGETHER w~th all buildings and stru~tures sieuated thereon
and Any snd all interest the Grantors here1n have in all
furniture, fixture~, equipment, utilities, 11nen~ or other
thing$ of value presently situated on the pr~1ses and used
in connection with the operation of the ~p~rtment house
situated tnereon.
Subject to tang~ble pe.rs~nal property taxes for 1965.
Together wl.th. .:IIlI th.e tl51Lemll-ntl, h~T~'t<&7MnU cmd appUl'~_Il('U. Ulttn.
SlJsry pnvi/!2t1, "'the, ""6, mt&1s.t 11M <utate, aOWll-T and ntM of dower, 7WClr,non.
rsma.l.ndsr and t;1Jsml7l.t thsreto b8lontmt ()~ In rJ1)lfWWS appert4(r&tnt-
To Have and to Hold th8 ..ams J.Jlo filII ,~m,1'18 forAsr
An.d the latd pa,t ies 01 the ftrrt pOl't d4 aOV/l1l4nt wetlr. tlwl ,aul parlll 01
the I6COM plJ.~t that they are 14wfully "lAzed 01 tM .atd P78mWN, tMf. tMII ar8
fru f'Jr .sll 'ncum-oranoe, tmrt that they have 100d ritht 4b4 kJwfUJ au.thol'UII
to ~8U th, 'IJ.,",', aM tMt .atd part ies 01 tn.. ftrlt pan doth. 1t.IJrebll fUlly lDG1'1'Qnt
the Utl8 to .tJtd land, OM wUl d4800 Me .amll attJmlt the lawfUl cI.a+rrw 01 all
pel'o"" WhomlO6V'~.
In Witnese Whereof, ,,,-s lakt pa,t ies Df th, t."t polt Mve '\"'rillJ+nco
flit the 1r 1umll' cmd ,oaJ.!l th.iII rlall aM yaar abovtl wnU\l7lo.
Sfpl!ld, Sealed Uld D.,UflIftld in Oa:r Pre.euce I
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A. D 1965. lJ61or6 1M p8T80Mllll appeared
DAVID M. SCHWARTZ, joined by LILLIAN G. SCHWARTZ, bis wife
to me kJwum. to btl t:M ptlr,otlS duonbsd ~)J and 7JJM eucut6d t/wJ lontot"'l
~eto
FLORIDA CLEARWATER BEACH HOTEL CO" a Flor~da corporation
<m4 severally ackri.o7JJZ~t6d
tM crtOudon. th6riMJl to bij their Iree Got cmd 46~ for tM "'U oM purpa,,,,
t1w-&n. mmtionlld.
Wll'NK8S my rip.tJtur6 <md otp,cf.dl '<<U at Tampa
in tM County of Hillsborough and Bi4t6 01 Mondo, the d{l1l an.d
1IlJ/JT l4Bt G/orual4.
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OR 2176 p~&t 578
S!4te f?I Flori~
Cowdy of HILLSBOROUGH
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ANt t.M I<Wt TJUf.Y DI tNJ /trte .lloSrl d.DII fur/Jby fUUg wa.rttU&& eM Ut~ CD ,aw.lla1J~,
~ tMU dd'Md. tM ltlme a.#CUn.d /.M 14wful ~ Df cdt pdNOlU w'.cm~otJu~",
.h ~ .~, tM 6ai4 .lla.rlft ofllt.. ftrd pa.rl Nu ,wN'~lJto nt In,"
MAtt ~ IMl 1M d.a.g tmd..lIlt1.r'ftrd ~ W'lttm..
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~e '... DOCUM11I'lTW -"'~!OlIV"P1AX 1
- ~.~ Clf;lI~ e'Il~VFr IlrM ... ~~klmu.wli!2l\' I ~ 'Ill.
ti~ " IOWA NAt C_;:o:r: .. :: ..;:lIl.1UIL ~'5:'~3 3 4. B 01 JI
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. . t!lulIIlPUhori:Hli eo adll'tf1J.lder O>lJth- ,utd' M" flclMOll lwtment#,
~~J; :~,:, . EDWIN~. lroWTER, U ~t." ..."
-'. - . - A:n.mm and ~ to me to b. th.ln4hMZUJl lI.ucrilJ/Jd ria- Dlid w.w
, for/Jto~n( aud; QJtfl he, ~ tlfknowltidt8d ""(1" mr ,Ion'
t"'o:.cim..y!J'Cl~ IIAG' wfltlitsrllJl for thll ,.ltrpOdl 'h.I'V1I. upnlt.fJtf,
-~ ~ ~,AGM and of1l.d4J. ..lUll At rk. Moln...
-;' 1'~~0lk.""'~ '.. . cm4 Swe. tJ!'-', HilI l.,.rt
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~<l Jafluat')' 3. J,SS.
~ fll(l Co""'y fJ/ Pll'~ r~ tAr .stat' "I
~ tJf 1M pd pan, a.nd.
YLOawA CLE:AKYoATER 'BEACH HOTEL CO.
SOD Manda.1a.y Ayerwe. CJunvatllr, Ii lorlda ]35 l5
ora.. rAuntgof PI.D"llall "Ff (h~ Srfff, of F1orld&
~ of IAe Uf:t11Id~,
.~ Uta~ /JwI lAid part/! 01 LoU JI"" perl.. for 4lm Wl c.:>llJutsl"I~,lion af
th4 ,Wft. tJf Ten Dollars (UO.OO) 11811 0 ~hl r &oDd and vlliuab la ;;:ans 1dullt t~
k1 Mna. fa ~J>CWt bfI UUI ,lR(t party of Uu f/roOM. ptlrl, Uu: ret:elpt wlwlrelJf i4 A4,wJl
~d.tMl, 1uu jrant<<l., ba~a.utt:d and lold eo tM l/lld lK1.-h, (}{ U>tl.Jt't'Dna pa.rl
hi.I ~ ct>Ut MAP' f-uu, tlU' fallQ'f'l1!:I ck,crUxrt land.l.trur.l1: lylllg tl/ld t.clb! ...
tJu CII/Ul.tg 01 ?ille 1 h.ll 8kt.te 01
FlDI'lttts, ttJ wi',
Lotll 1. Z, 3, 4. 5, 49. $0, 51 aad 52 of CLEARWATER BEACH PARK
SUBDMStON aeeordl.ng to tbe map or pb.t Ut.ereo! as recorded la Plat Book
I O. :Pa.g e 42 of the Pubb <: R ec 0 I'd, of Piae lias Cou.al)', Flo ride..
Tas:ether with and !.ndumns:. but wi. thout w~ rranty of btle. :ill la.ndu lrillS:
....".nctly r>[ th.. .........t hn.. of said lot. I. Z, 3, "" a.nd 5 to d.... m"aa WSh ....t..r
.,..tk; <>f the Gulf of Mexico _d lylnS north of. wutetly pt"O]ICCb.01l of the
south ltne of n.ld lot 5, Ltld lying toulh at" hI>e projected weuer])' from the
1lI0rt.bwen eOGl..r af lAId lot I and parallel to the "outh bn.. of "aid lot 1 ..,,<I
II U :1'\ pa rt.... right" . ppur te Me t th I!l:r e to,
SubJed to rutrle!:ioI1D and OllSCl"l'lcats of .-"eord and 1::iI.X1!1I for 1978 and
tll.lbll equeot 'run, "nil lIen. .nd IIneumb1'aneet of ,<"OleO rd
I"') nDt lncllvl.dIlaUy anel Without penolllllli-a.bllity, but II' tl"'.latllll, ""tn rull power
ar..::1 authority ..Ither tD prDt..ct. con.cry.. and In DeU, t"a.~e. encumbe r, 0 r
otbel'whc di~pon DC th.. rDal propl!lrt)' dClcdb..d he :rCIn
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d1..- ot: t.bc red Il~Y dci~ he1'l:lin or U1e Clwntr or
m1.l1n, 11&. aw Slb.t. of 1eM., flll'ty of the 1l':I:r.t ....:rt, vho.l:-
......iUftI a44Na. s.: 'l'Ult .Judl 8I:rI!I..t., 11II11.&., TJl: 'l's.:tU. and amrra
mra. ClCilICNMI'. _ z-<< 1MIIIOno"...... Pany o! eM IRQIId Put. .bolI1
11III111119 *<idrua 1.1 " 'ort. go JlbUslII, PoIt ot:f~ BCIX '1'230. ilia
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'rb6t tM ..:Ld P.rty of the 'il'at hrt, feN:' ~ in ClOUfdlr-
.t1oa of t1w ...... of 'l'e 1'Ja11ulII fnO.OOl to 11; 1D 1lI.n4 paI4 by tJw
..tel ~t.y or ",.. ..CI:IIIlt Ilu1'., uw. t\IIl!11p. lI'Mnof 1. hlI"1w
.c:tno.l~, hl.1 gantecl. bugd_d 1M IOld to l:.h~ ..J.d hrty or
elaa hCCInII Part. :It. ~fOI" azu! ..ri'Jlll fonrYU'. ch. toll.o.i "II
Hac:rtb04 land, .1tUfltl! lylDQ" _ blltli 1:1 tM o:ru.ty oC! Pb..llu,
lUte at Plcrid:l. to.Wlt.
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LClC. 5). S4, &6. IlnIl n, ~'I'D UlaI PAIIX. .cc=di~ to
tll'lI1.t t.M",",f. ... ~ in rut; _k 10. ~ .;, pobUc:
-n:. or PUlI1la1 C_ty, tlo:r1.l!tI,
"~I !~l
Loki ., 10. 11, 12 ancl ~3. .~ .u o[ tllA lud 1yinll __t and
blt_ tM platted lot. aM tla _an bi!Jb _tIlI:.- 11M of U.
Gull Qf Nadco, a.IlAI..... IllUl.Cll PAU;, ",u:llmll11!il1 co tbt pUt
tMno[' .. l'Mol"lHd .b. 'l.t 8Qrok 10, PlS"" n. put.lh: ~,
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8uI:IJec:t to :l000 hll ..U,tlll t_I, t:alt'l'J.C:I:WaI. ttlMrv..
Uona, U_. III IilIII , ..._el of ~ ad
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7/1/12.
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"he t.itle. to lUll: 1_, .ncI II1U ddlDd the _ I9-.l.Mt ta lIwfll1
~b1.. of .U paraoz.. WCIaIt_1"
tIC -I!Il1r88 IIKaIOr, u.. ..ul! llUt.y CJ! tM ':ll'It PAn. hq
13Inunto Mt btr bIIId u4 MIl tbl ky ..net YMI:" fhn alxne "I'1t.
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... an otnoar duly -~bonllll4 1'0 iJdII1Dl.I~lr o.thI W tab
.~lldpn.U1, ~y P. .LlIY. II ~t.. 01 ttJo 1I'11ld_ ~
~It "Idlt 1/:J III , to III ....~llt ~ or wilD hal 1lI'~
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_th. and to ... to ~ tt.. tnoliv1dlla1 ....e:d.bM ill IrId wbc.
_tlldl till I:VI'I\IOlllQ' imI1:ruMllt 1"14 1M ~ICIIW~ blll_ at
thlot PI _CW;tId tbl AM fol' tho ~1l1 tblniD upqUIlI
tntnJll ""I Mno1 and. .fUOi11 ...1 It i:....(...... ..,C'"" , "14
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Dee~J:pUQJU .Pue.u..,.Ft. DoCUlllut-Doo.t.JIage 101121.,07. PAg.llI :iI a~ .
Order~ 1 ~ODtl
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INST . 92-341321
ROY 24, 1992 10.15AM
~rWetttur.e,
doy fI(
. A.D. 19 ':il,
.--
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I,:; '"
MIIdc t.ru.
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"idfmmL. ~fCAN. TllU~Il~" II Floz:oi4iil 30rporatioD.....lfhI;& ~iling
addfiiii-f.:~s. 9 P ,;tq,j::"" Go QUgl!. Ayenue, i ampa. ,1.. "..till f_w
1\11 ~I'!I""" uoa -""'" w.- .:mJK Q :rIal' il _~ t/u,. IU
pHlWplll pl4n of buUda III W c.x..uy 01 lU.llsborough ond SUJle U/ Floriaa,
~ 0/ the Jil'lt ptuf I!IM
HUN'I'ER HO'l'EL COMPANY. an Xowa
l:uq>c;lxatlDn, whose m.allinq adClre:il::ii 11:1 500 K3nClalay Avenue. Clearwater
Beach, FL 34630,
tJ( W (bwrfY..~L. Pbelb.s
of lie/! ............ ".re,
.iwItNtlt. 7'Mt ,~ IIlld tmf.:r QIIM fin! part. (Of Q.II(I,II ~II of chc,IUII Df
---....-------- Tan 1$10. OOl ------------ DDUon. 10 II in hIuwl.
piJ.fd. rhf ~! IIIIwn:9( g hnTbr ""'nowlfdar<l. h4I f1G"ffd. ba.rltmnM, ~, .Ilentd. renuICd'.
mca.m. eoJII...,'IIIf 1M ~rm.td, .1Id ~y tlcl!lIe pl'tltll II d4lJI ".II.!, llr:!;,8f1l. Hit cUlfIJ, 1'f1lliH.
,.,Z-. culI~ond <<JlSflnll ",,1<0 fAr laid PlIny of 1M ttroIW part. dill! its
II-Ir, aNt ~ (orcucr !In Wd Cl'1"loiil ~rrel fll hind l}'1111J IIIt4 IIdnl1l11 ,II. Co~ Q(
p1-ro.ellas 11M SIGH of FtoridtJ; fIII)~ ~curu111ftm1Hd oa ft>llc"'..
I
rlIM StAI. of
Florida.
ptlrty
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See Exhibit. -A" at.t..achod hereto.
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m nFiio- FFl T\'M T~~T
ir-:(Q~~ f!-"; t tto;,OO
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KARLSEN F. DEBLjU(Il.R. CLEJU(
RECORD VEillfIitl BY f:
'Gtaptlpr IIXth call tM ~""' i1cmiftllmentl aM lII'~, ~lh II..,. p"",IcaIe'.
,.,hI. d4r, ~ w ..toll, raouMlDll, I'mUIIIIdcr .... .-nmI ~m '-1o~PIII or m GIllY-
- ~1ILn,r
au, ~e:, aIIh Wi ;l(J:aUl l1K ~ III IN ... ItHtw.r
~T~ <{1M IU.......... ~....... p~ K::......6"'.J..r.:............
/ It - ,.~.:r~~~~,~iMlIIa~~~ tM~porty 0{ J:'fi:;;::,M::
'. or . ftiIw IOP~C .a:"JIk to raid lClIIlf, dnct WIll fKfW toW _ ..--c UN fav1I'ul dalmr
S. " c ;,..,W_ ,~r. ...
~ i f (j [~ ' I 6 ~, .. 'J'n 'm'u.._~ 'St.1D1I'f fAI! IGU -- JIM"'.... - r.o. "..--. ,
~. It=' '.. ~ ~ ......... ~ ,..~""'14'" <fIU1t f ~v ~ ,..,.-.""....... ....~..........
-...),~ ~ .~. t~;" i f/ . . ..... pI'IlMlIU ZIt be .W/Iftf b..t.ul!lU '" Iw ~ d Ia-~' ..
g :;; '. ..~. r.; ClllJ'Ul!AllD be "'hml, lItrmeI by III ~". ~...._ '
..."...... ~ ...~ 1M.,Md~~'lQ"lMII'IttM"
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;-c;;<.:o Au;;fe::' nor!" ~n1:.o:l.Oll .
Vi'::::; J1Jo~ . . . ../' -:r ~
$2 ii1Jo' ~' '... ,.,~"~""'. r. aM JlrHIbttr. B1 -)~u,/~ 4",.,.
~ ~ .~~ !.i.el!llIr G. 'r1.t~)t... ~
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" 92. ~ IMllU'OIltd,ly ~ "IBFER G. '1'UCJ{P, .1tl., ..
~ 01 PiLICAN ~lWS'r, 'INC. Pmwtmt - . III OJ~
~ W ~ tJf I~ ~ uf rloJ'ida. , to 1M .MDln ill lie tM pml1M
thM:1Ib.tcl ... Gnd wllo ~W LV I~ w,nl')'G1IC't to
HuNTEk ROTEL OOMPAWV. an Iowa corporation,
CJ..IM -'I" ~ 11M ~It llu!rraf to r. tlIfl, ~ Aet lI>IIf <4:d ell nelll ~~
(9r Uw _ 1111II JWI~ ~ ~ <lIki Ulaj IMy GIIIud fMmo fM of/Idt., .'1/1-
fill (4 ~ ""Ill"""- ~ ~ fIPd in.fl_t " rlt. lId aM lftd 0( IGid CllIl'plII'IIIion.
;8tmn. lIlY .I,pIMUN aItII ~ -' 01 C!lIlUWll~. IA IN
COM&)' flf P1nellas llIlI4 StlrfIo of ~ ~ ." GIld )'nIP 1m
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Jf)' ColMN_ Eulre.
'Ihia ~ ~..d 8y1
HARm' S. a.Dll?:, E:S(Xrt1lE
400 CleYeln stwet
Cleazwtltr. FL 34615
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110 E. HillBb:lzwgb AWl
~, It. ]3604
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OFF.REC.JK 8",
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OFF.REC BK 8099 PG 1441
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EXHIIUT -Jl,-
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I.or3 6, 7 ald 8, ~ R1.oI p~ SlJIlDMSIC1i1. Illi .t."eQl;Imed ~n Plat
H:Iok 10, hge 42, of the 1i'ubl1c:: ~ of PinBllu O;lunty, tlDdda,
~ 1rI1t:h t:le land adjaclant: tb!irfltl:lr <In t:M ~l;el'ly 10100 of tQlS 6.
7 Ond 8, ...t\1ctI 1ft is I:IOI.Ind an tI:e w:n by th8 nlItI h19h -ur muk&
",f tb6 Q11f of l&IMio;l, ri en tha 8:lrth an:l lieU tit b1 an snens1C1l.
NellteZ'lyof thII !tlrthern bo<<duy line of saio WI 6 ~ !In ~1Q1
westerly of the fbrth ~ line of WI: B tI:l tbI Dll&I\ high wabllr
IIilrics of the Ql1f (If M!X1co am en the E!l&t by t:h8 NelitEl'ft ~-
of ton) 6. 7 lllld B, togethllZ'mtb Im';f m3 aU l1tton.l n;)\ts aHUI't.erant
theretD.
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Da.QrJpt1o~, ,jDeJl.D.~ ~~~t-BoQk.P.ge 'O".14JJ Rage: 3 of 3
Order, 1 CtnImI&1tl
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OCT-17-2e83 12:24
MacFarlane Fer9uson Clw
~~d ,.~""'" ~~'h- r ..rJ At~._--_.,. ....
EXHIB IT A j
COMMITMENT
Attorneys' Title Insurance Fwu.1, Inc.
ORLANDO, FLORIDA
Commitment To Insure Title
ATIORNEYS'lTl'LEINSURANCBFUND, lNC.,a Florida corporatioI\hetein called nm FUND,
for a valuable consideration, hereby mmmits to issue im policy or policies of title insurance, as
identified in Schedule A, in favor of the p~ Insured named in Schedule A, as owner or
mortgagee of the estate or interest covered hereby in the land described or referred to in Sdt.edule
A; subject to the provi<dons of Schedules A and B and to the Conditions and Stipulations hereof.
Thi$ Commitment shall be effective only when the identity of the proposed Insured and the
amount of the polley or policies committed lor have been 1nserted in Schedule A hereof by nIB
FUND, eithet at the time of the issuance of this Commitment at' by subsequent endorsemenl
This Conunibnentis prel!minary to the issuance of such policy or policies of title insurance and all
liability and obligatiOns hereurider &hall cease and terminate six months after the effective chtte
hereof or when the policy Ol' polides mmmitted for shall issue, whichever fitst OCCUIS, provided
that the failure to issue such policy or pohces is not the fault of nm FUND.
In Wifness Wheft:Of, ATIORNHYS' TITLElNSURANCE FUND, INChas caused this Commitment
to be signed and sealed as of the effective date of Comnutment shown in Schedule A, the
Commibnent to become valid when coW\tersigned by an authorized signatory.
~
~~
ll( SEAL ~,
~'\ .I I)
~orot:
.-
Attorneys' ntle Insurance Fund, me.
BY~~
Charles J. Kovaleski
President
SERIAL
c'" 2353300
/
RJND FOAM 0 (l'I'V, 1~)
P.02
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OCT-17-2003 12:25
MacFarlane Ferguson Clw
P.El3
FUND COMMlTMENT FORM
SCHEDULE A
Commitment No.: 2353300
Effective Date: September 2, 1996
Agent I B File Reterence: RSC - 'l'HR POLleY '1'0 BE Z.sStJED HE:1tETJ'NDER
WILL SUPERSEDE ALL COVERAGE ONDER MP 1035904
1.
Policy or Policies to be issuedl
Proposed Amount of
Insurance
OWNER'S:
$
Proposed Insured]
MORTGAGEE: $9,500.000.00
Proposed Insured: REPUBt,IC BANX
2. The estate or interest in the land described or referred to in this
commitment is a fee simple {if other, speoify same} and title
thereto is at the effeotive date hereof veated in:
HUNTER HOTEL COMPANY, an Iowa e01:pora.t.ion, f/k{a CLEAltWATER :BEACH
HOTEL CO.
3. The land referred to in this commitment is described as follows:
SEE InlUBIT "A- A'l'TACHED HERETO AND MADE A PUT ImlUlOP' BY
REnRENCE .
ISStrED BY
MACFARI..Am3 FERGUSON
&. McMULLEN
Po~t Office Box 1669
Clearwater, FL 34617
#18~22
Eranch #3
AGENT NO.
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OCT-1?-2003 12.25
MacFarlane Ferguson Clw
.
P.04
l!:XH:I>>X~ "AM
LEGAL CRSCR~P~%ON
Parcell:
Th.~ pa~ of ~RAC~ A o~ . ae-Sub. o~ Bloek 10 and 11 and
Lot. 2 ~o 15, ~ne~uBi~o, S10ck " o~ the REVXSED ~ OF
CLEARWATER BEACH, a8 recorded in Plat Boek 19, paq. 'S,
o~ the public roco~d8 o~ PinellA. County, r~orida, desc-
ribed .a ~o11ow.1 n.q~ a~ tho .o~~eaat cornB~ of tho
Raid ~ract A a. .hown au 3.68 ac~o., ~e P.O.B. being a
po~nt At tho ~ntar.ection o~ tho no~th 1ino of ~aymont
St~eet, as .a~d 8&ymont B~..t i. .hown en .aid aa-Sub.
o~ ~10cks 10 And 11 and Lot. 2 to IS, 1DC~U8Lvo, Block
9 ot tho R4vised Hap o~ C1earwate.r lSeach, w1.t:.h the woa\:-
~rly line of Kandalay Road, ~d ~n ~N~ W 20.45'00.
E.,_ 182.23 ~eotl TH~C2 H 01- ~4' 00. a.,
110.51 feet to the centorl~ne o~ ~ler S~e.t. aa said
~ler Stroet ~a ahown and da4iOate4 a8 A p~liQ .treet
~n tho RavLaa~ Hap o~ C1Darwat~ ~oach, as ~cco~e& ~
Plat Book 11. page 5, o~ the p~b11c r.co~da O~ Pinallaa
Count)', Flo2:i4a, ~BENC:S: w..t a.1.ong 'tho aentclI:'J.1.no ot
said Amb~e~ Str.et, 420.00 ~.et MOL to th. vater ot the
Gu1~ o~ Hoxic:oJ '1'm::NCE in a 8ou't.bc2:1y d1.2:Qct1.ou on a
me~n4ering 11.ne &1ong tho WAters c~ tho Gu1~ o~ Kcx~~o,
3~1.00 ~eet HOL to tho cen~.r1inc o~ 8a~d Daymont 8t2:0Dt,
THENCE .ast 305.00 ~oo~ HO~ a1o~g s&id o~tcr11.n. o~
Baymont Street to a point .0.00 ~.et $outh o~ tho P.O.B.,
THSNCE north ~O.OO feet to ~he P.O.B.
~a:t:'ee1. 2.
The Nor~h 20.00 fe.t o~ Amb~er S~eet 1y~g v..t o~ tho
east ~~De o~ LOt 9, p~o~ectOd .outh, aa ~ho~n on the p1at
o~ H~'a ~LA~, aa ~ocorded ~n P1A~ Dook 26, ~Ag. 17,
of the pub11.C rGcc~dB o~ >>Lnollac COunty, r1ar1.da.
. .
Parcel 3 r
La~ 1 -.n4 10 QM the South 80.. 00 1:..t: c~ Lot 9 01: NXLLZat s
REPLA~, AS ~ooorde4 Ln Plat Dock 26, pa~e 17, o~ tho pub1ic,
~ecord. o~ P~nell&B County, ~1or~da.
ParcDI 4r
Lc)t* 1 to 5 o~ Ct.EAlUiA!rER aEACH PARX, as reoorded s.n PlAt:
Soo~ ~O,'pAge 4Z! 01: the publio ~acord. 01: p1.no11a8 COUAty,
P~Dr.ida.
..
1'1lrce1. !ir
. .
Lo~:lI 49 to 52 01: CL~A'rJm. BEACH PARK, aa r.corded J.n P11l~
Book 10, page 42, o~ tho pUhli~ racords o~ ~J.n.11A. County,
~lod.d"..
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OCT-l?-2003 12:25
MacFarlane Ferguson Clw
P.8S
FUND COMMITMEN'l' FoRM
SCHEDULE B
Conutlitment NO,t
2353300
I.
The following are the requirements to be compl1ed with:
111/
yment of the full consideration to, or for the account of,
the grantors or mortgagors.
Instruments creating the estate or interest to be insured which
must be executed. delivered and filed for record:
(a) Assignment of Mortgage and related documents, properly
executed and recorded from NationsBank of Florida, F .A.,
f!k/a NCN:9 National Bank of Florida to Republic :Bank of
tbose certain documents recorded in O.R. Book 6531, page
1414, O.R. Book 6531, page 1341. O.R. Book 7737. page 2126,
public records of Pinellae County, Florida.
(b) Assignment of Mortgage and related documenta properly
executed and recorded from NationsBank of Florida, F.A. to
Republic Bank of that certain Mortgage :recorded in O.R. Book
O.R. Book 9092, page 2326 and O.R. Book 9092, page 2360,
public :recorda of pinellas County, Florida.
(c) Partial release of mortgage from Republic Bank.
properly executed by and recorded fo:r those parcels
described as Lots 6, 1 and 8, Clearwater Beach Park, Plat
Book 1.0, page 42 I publiC recorda of pinellas County,
Florida.
(d) consolidation and Modif:J,cation of Mortgage properly
executed and recot'ded by and between Republic Bank and
Hunter Hotel Company of that certain mortgage recorded in
O.R. Book 6531, page 1414, public records of Pinellas
County, Flor1da.
No :; A judgment search has been made in the name of the
proposed mortgagor ana the results were negative.
schedule 'B of the policy or polioies 1;:0 be issued will contain
exceptionu to the fallowing matters unless the same are disposed of
to the satisfaction of The Fund:
1.
II.
matters.
Any owner pOlicy issued pursuant hereto will contain under
Schedule B the standard exceptions set forth at the inside
cover hereof. Any mortgagee policy will contain under Schedule
'B the standard exceptions unless an affidavit af possession and
a satisfactory current survey are submitted, an inspection of
the premises 19 made, it is determined the current year's taxeS
or spec1al assessments have been paid, and it 1S determined
there is nothing of record which would give rise to mechanics'
liens which could take priority over the mortgage (where the
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OCT-17-2003 12:26
MacFarlane Ferguson Clw
P.B6
liens would otherwise take priority, submission of waivers is
necessary) .
SEE CONTINUATION SHEET ATTACIlED FOR ADDITIONAL EXCEPTIONS.
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OCT-1?-2003 12:26
MacFarlane FerSuson Clw
P.07
3.
CONTlNUhTION OF EXCEPTIONS - COMMITMENT NO. 2353300
4.
5.
6 ~"" _
7.
8.
9.
10.
11.
12.
Restrictions - The plat of this subdiv1sion reflects a 20 foot
building line aetback on each aide of Gulf Boulevard (now Gulfview
Boulevard). The fOllowing restrictions appear in Warranty Deed
dated 7/14/25 as recorded in Deed Record 307" page 106 and in
Warranty Deed dated 10/14/26 and recorded in Deed Record 464, page
351, as to said Lots 1 through 5, inclusive: ". . . any building
erected on any fifty (50) feet of the above described property
other than a garage for private use shall cost not less then Five
Thousand and NO/100 ($5,000.00)." The same restrictions appear ~n
wan-anty Deed dated 6/3/25 and recorded in Oeed Book 553, page 449,
as to said Lota 49 and 50.
Easement between glorida Clearwater Beach Botel co., a Florida
corporation and Florida Power Corporation dated 6/6/68, recorded
6/26/68 in O.R. Book 2859, page 76, public recorda of Pinellas
County, Florida.
Subject to easement over the South 25 feet: t.hereof for street
purposes as shown in that certain instrument recorded in Deed Book
1550, page 629, public records of pinellaa County. Florida.
_s.W::rteJ;:t_ - t,-o _an~_r.eserving - therefrom-."a - pedestr-1 an easement- - and--- - --- -
walkway for the general public in perpetuity as described and
recorded in O.R. Book 2228, page 720, public records of P~nellas
County, Florida.
SubJect to distribution easement in favor of Florida Power
Corporation dated 9/8/86, recorded 10/24/86 in O.R. Book 6345, page
1137, public records of Pinellas County, Florida.
Subject to permit and guaranty contraot dated 3/10/50, recorded
3/11/50 in Deed Book 1258, page 479, as to said LotB 1 through 5,
inclusive. public records of Pinellas County, Florida.
The rights, if any, of the public to use as a public beach or
recreation area any part of the land lying or formerly lying
between the body of water abutting the subject property and the
natural line of vegetation, bluff, extreme high water line or other
apparent boundary line separating the publicly used area from the
upland private area aa it may have existed prior to the
construction, if any, of seawall or bulkhead thereon.
Title to tidelands or lands comprising the shores or bottoms of
navigable waters or lands beyond the harbor or bulkhead lines as
established by government authority.
The prop~rty described herein being artifi~ially filled land in
what waa f02;1Uerly navigable waters is subject to any and all rights
of the United States government arising by reason of the United
Statea government control over navigable waters in the interest of
navigation and commerce.
Riparian rights and rights of accretion and reliction are neither
guaranteed nor insured hereunder.
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OCT-17-2003 12.26
MacFarlane Ferguson Clw
POO
Subject to easement in favor of Florlda ~ower Corporation, dated
11/8/76, recorded 2/28/77 in O.R. Book 4515, page 605, public
records of P1nellas County, Florida.
Declaration of Tranafer of Density dated 4/8/87, recorded 4/16/87
in O.R. Book 6472, page 1147, public recorda of pinellas County,
Florida.
Subject to Distribution Easement in favor of Florida Power
Corporation recorded 12/10/87 in O.R. Book 6640, page 451, public
records of Pinellas County, Florida.
OCC-l Financ1ng Statement recorded 8/30/95 1n a.R. Book 9092, page
2360. public records of Pinellas County, Florida.
Subject to those matters as reflected on those certain surveys and
prepared by C.A. Peterson, Inc., identified as Clearwater Beach
Hotel, under work order 1457-S, dated 6/20/88, updated 6/8/95,
corrected 6/23/95 and last work revised 9/17/96, the following are
noted exceptionSI
a. Encroachment of 5' high brick wall on North property hne
(Sheet 1).
_____ _~..!.__ J?ri,.'ye _J1a.Y _ ;:'~lL2!1__ Bas t :Q.;:.<?~~~y_1ine (She~t. _~ to! _
13.
14.
15.
16.
17.
c. BUilding encroache6 set back line per Plat as to Lots 1 - 5,
shown as Parcel 6 (Sheet 2) .
d. Encroachment of concrete wall, North property line of Parcel 5
(Sheet 2).
e. (Sheet 1) BU1.ldinga, decks, shuffleboard and concrete wall
beyond CCCL.
f. (Sheet 1) Parking, sidewalk to include Baymont Street.
g. (Sheet 1) Retaining wall, curbing and sidewalk encroachment on
Mandalay Avenue.
h. (Sheet 1) CUrbing encroachment on Amber Street.
NOTE: The following Florida approved Endorsements will be 1ncorporated
into the final Mortgagee Pol1.cy: Alta form(s) 9.
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TRAFFIC IMPACT
STUDY
Revised November 18,2004
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.
CLEARWATER BEACH RESORT
TRAFFIC STUDY
Submitted to:
City of Clearwater
Prepared For:
JMC Communities
Belle Harbor Sales Office
501 Mandalay Avenue
CI~ater Beach, FL 33767
Prepared By:
Florida Design Consultants, Inc.
3030 Starkey Boulevard
New Port Richey, Florida 34655
(727) 849-7588
Date:
August 31, 2004
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1.0 INTRODUCTION
Clearwater Beach Resort IS a proposed mixed-use development that will Include a
267-room hotel, 120 dwelhng umts of condomInIUm use, and a 12,000 square foot
(s f.) specialty retaIl center The project site IS located south of Rockaway Street,
west of Mandalay Avenue, east of the Gulf of MeXICO, and north of San Marco
Street m the CleaJWater Beach area of the City of Clearwater, Flonda, see Figure
1. The eXIstmg Clearwater Beach Hotel (157 room) and a bmldmg formerly
operated as a mght club WIll be removed to allow the project to proceed. This
study has been prepared followmg the methodology agreed upon WIth City of
Clearwater staff at a meetIng held on July 1, 2004; see copy of the methodology
letter contamed In the AppendiX.
2.0 EXISTING TRAmC CONDITIONS
Existing traffic counts were collected on Tuesday, August 10, 2004 by Adams
Traffic, Inc. for the Clearwater Beach Resort project. Traffic counts were taken
from 4:00 to 6'00 p.m. with subtotals taken every 15 minutes The highest four
consecutive IS-minute mcrements that were taken are the PM Peak Hour The
eXIstmg PM Peak Hour traffic counts were taken at the following intersections.
1. Mandalay Avenue at Papaya Street
2 Mandalay Avenue at San Marco Street
3. Mandalay Avenue at Baymont Street
4 Baymont Street at POlllsettia A venue
The eXlstmg counts were adjusted uSlllg mformation from the Flonda Department
of Transportation's 2003 Peak Season Factor Category Report (PSFCR). A factor
of I 07 was appl1ed to all counts to reach peak season volumes. A Total Traffic
Determmatlon Sheet IS proVided In the AppendiX to document these calculations.
The volumes were than analyzed using the Highway CapaCIty Software (HCS),
release 4.1.d The Mandalay Avenue at Baymont Street mtersection IS slgnal1zed
All other mtersections reViewed are unslgnahzcd. The result of this analYSIS are
that Baymont Street at Poinsettia Avenue currently operates at Level of Semce
(LOS) A, Mandalay Avenue at San Marco Street and Mandalay Avenue at
Baymont Street operate at LOS B, and Mandalay Avenue at Papaya Street
operates at LOS C. Smce the acceptable operatmg condltlon for these roads IS
LOS I) the mtersectto!1S currently operate at acCeptable levels of service COpies
of the HCS computer runs are proVIded III the AppendiX and on a CD.
-
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3.0 FUTURE BACKGROUND TRAFFIC
Traffic on the roadways that will be sIgruficantly Impacted by travel from the
Clearwater Beach Resort was Increased to the year 2007, the projected year that
the project Will be completed The background traffic was projected to Increase
by 2 percent per year to the expected bmldout m 2007.
4.0 PROJECT TRAFFIC
Project traffic has been estimated usmg InfOrmatIOn from the Institute of
Transportation Engmeers (ITE's) Tnp Generation Report, 7th Edition, 2003
Table 1 proVIdes the tnp generation estimate for the existIng and proposed
development on the Clearwater Beach Resort site. The eXistIng development
consists of 157 occupied hotel rooms and the proposed development includes 120
condomInmmsltownhomes, 267 OCCUpIed hotel rooms, and a 12,000 square foot
speCialty retail center.
Access to the Clearwater Beach Resort will come from a dnveway to San Marco
Street, a main access through the Baymont Street at Mandalay Avenue, and a
drive between Baymont Street and Roackaway Street that connects to Mandalay
Avenue, called Drive I for this analysis The current access to the site Includes
these locations and an addItional dnveway to Mandalay A venue north of San
Marco Street. Project traffic was added to future background traffic to deternllne
the future total volumes As preVIously mdlcated, Table I identifies traffic
generated by the existing hotel on the SIte, as well as the proposed development.
At the project entrance dnves, the total PM peak hour traffic from the proposed
development (154 mbound and 140 outbound trIps) have been aSSIgned to the
highway network
The dlstnbution of project trips to the lughway network was based on the eXistIng
traffic volumes tunung at the Mandalay Avenue mtersectlons With San Marco
Street and Baymont Street The eXIstmg traffic volumes have 70% of the tnps
travelmg to and from the south, 25% to the north and 5% to the east along
Baymont Street. Wtth the increased volumes that will result from the proposed
development, the trip dIstribution IS expected to sluft slightly to the south,
resultIng m 75% travelIng to the south, 20% to the north, and 5% to the east
11u.s distrIbution was used to asSign projected tnps to the highway network.
Beyond the project entrance dnves, only the new traffic beIng added to the road
network has been identified. This IS due to the fact that traffic from the existing
hotel was counted m the existIng conditions analYSIS. The net new trips beyond
the project entrances IS 109 mbound and 93 outbound velucles m the P.M. peak
hour. Figure 2 identifies the background traffic, eXIstmg project traffic plus the
reassignment of project tnps from the dnve to be eltmmated, and net new tnps
project traffic at the intersections analyzed.
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5.0 FUTURE YEAR TRAFFIC ANALYSIS
The IntersectIOn and highway Imks In the study area were analyzed to determIne
future year operatIOn condItions Fust the Intersections were analyzed USIng the
RCS software. The results of thiS analysiS are mdIcated III Table 2 As IS
indIcated, all mtersections will operate at acceptable levels of servIce without
Improvement. CopIes of the HCS computer runs are proVIded m the AppendiX
and an electronIc version IS provIded on CD.
HIghway link operation has been established usmg generalized peak hour
volwnes from the FDOT 2002 QualityfLevel of SefVlce Handbook Table 4-7
from that docwnent, see AppendiX for a copy. Identifies dIrectional peak hour
maxImum volwnes for vanous types of roadways Mandalay Avenue, Baymont
Street, and Pomsettia Avenue are all Non-State Roadways WIth one travel lane III
each drrectlon Table 3 summarizes the link operating conditions. Listed In this
table are the roadway segments reViewed, the acceptable level of sefYlce, and
maximum service volume (SV) for the acceptable level of service IndIcated III the
FDOT Table 4-7. Also mdIcated are the 2007 background, project, and total
traffic on the link by direction and the projected level of service in the buildout
year of the facility. As IS mdIcated, all road segments are projected to operate at
acceptable levels of seI'VIce
6.0 CONCLUSION
Based on the above review It IS concluded that the proposed development of the
Clearwater Beach Resort can occur and allow the roadway network to operate at
acceptable levels of servIce.
T \S3\Traffie \clearwater Beach Resort Traffie Study doc
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ROCKAWAY STREET
SAN MAR
CO STREET
PAPAYA STREET
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SA YMONT STREET
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:ri DESCRIPTION,
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~ FLORIDA DESIGN CONSUL T ANTS, INC.
1;::- 11 ENGINEERS. ENVIRONMENTALISTS. SURVEYORS 8 PLANNERS
3030 Sterk e y Blvd, Now Porl RIC~e y fL 346 SS
Tel. (727) 649-7S811 - Fe.. (727} 848-3646
PROJECT LOCATION MAP
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PROJECT No EPN,
997-250 53
DATE. FIGURE,
8/31/04
DRAWN BY. 1
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~ FLORIDA DESIGN CONSULTANTS, INC.
1-; fJ ENGINEERS, ENVIRONMENTALISTS, SURVEYORS a PLANNERS
3030 S I ark. y Blvd New P art RIche 1 fL 3"1655
Tel, (727) B"I9-7566 - fa.. (727) 646-36'\6
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LEGEND
X - BACKGROUND TRAFFIC
(X+O) - EXISTING PROJECT TRAFFIC + REDISTRIBUTED PROJECT TRIPS
[X] - FUTURE PROJECT TRIPS
2007 TRAFFIC ASSIGNMENT
PR OJE C T No EPN.
997-250 53
DATE. fiGURE,
8/31/04
ORAWN BY. 2
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Table 1. Trip Generation
A. Existing Development
PM Peak Hour
Land Use ITE LUC Size Units Dally Inbound Outbound Total
Hotel (Occupied Rooms) 310 157 Room 1 ,400 45 47 92
B. Proposed Development
PM Peak Hour
Land Use ITE LUC Size Units Dally Inbound Outbound Total
Condominium I Townhome 230 120 DU 749 47 23 70
Hotel (Occupied Rooms) 310 267 Room 2,382 85 88 173
SpecIalty Retail Center 814 12,000 Sq Ft 551 22 28 50
Total 3,682 154 140 293
Less Exlstmg Development 1,400 45 47 92
Net New Trips 2,282 109 93 202
Source ITE Trip Generatron, Seventh Edition, 2003
Date August 24, 2004
T \53\Traffic\[Tables xls]lntersectlon Anal
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Table 2. Intersection Analysis
2007
EXisting Total Traffic
I nte rsectlon LOS LOS
Mandalayat Papaya C C
Mandalay at San Marco B B
Mandalay at Baymont B B
Mandalay at Dnve 1 NA B
Baymont at POinsettia A A
Date' August 30,2004
T.\53\Traffic\[Tables xls]lntersectlon Anal
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Table 3. Link Analysis 2007 Total Traffic
Acceptable
Road Limits Direction LOS Max SV Background Project Total LOS
Mandalav S of Papaya NB 0 760 415 82 497 0
to N of Baymont 58 D 760 493 70 563 0
Baymont Mandalay to EB 0 760 52 8 60 C
POlnsettla WB 0 760 148 5 153 C
POinsettia 5 of Baymont NB 0 760 67 4 71 C
58 0 760 29 4 33 C
Date August 30,2004
T \53\Traffic\[Tables xls]Llnk Anal
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. - . .' ,..{tlt:t;{f:~i~:iJ'8[~fl~l'
FLORIDA DESIGN CONSULTANTS, INC.
CIVIl Engtneenng . SU1Ve}'1ll8 · Tnl1Sp0rt2tlOlI Planrung & Engmeenng . wd Plannmg . Envuonmental . Lmdscl.pe Ardutecture LC-26000206
July 8, 2004
Mr. Bennett Elba
Traffic Operations Engmeer
100 South Myrtle Avenue
SUite 220
Post Office Box 4748
Cleanvater, Florida 33758-4748
Re: Cleanvater Beach Hotel Resort
Transportation Methodology
Dear Mr. ElOO.
Thanks for meeting with Mr. John Hobach, of JMC Conunumtles, and me on July 1, 2004 to discuss the
methodology for a traffic study to be prepared for this project. This letter is being written to confinn the
discussions of our meetmg.
A traffic study will be undertaken to assess the impact of the proposed development on the surrounding
roads. As discussed in our meeting, the land uses proposed for the proj ect mclude a 260 room hotel, 120
dwelling units of condonunium use, and a 10,000 s.f. specialty retail center. The project site is located
on the south Side of Rockaway Street, west of Mandalay Avenue, and north of San Marco Street The
eXisting 157 room Cleanvater Beach Hotel Will be removed to allow the project to proceed. As also
indicated In our meetmg, another buildmg on the property, which fonnerlyoperated as a night club, wIll
also be removed as part of this renovation.
The traffic study will look at the trips to be generated by the proposed development using appropriate
Land Use Codes from the Institute of Transportation Engmeers mformational report Tnp GeneratIOn, 7tli
EdItion. 2003. Internal capture between the proposed land uses will be estimated to detennine the total
"number of external trips Trips generated by the eXisting hotel will be Identified and subtracted from the
external trips resultmg from the proposed land uses to detennme the number of new tnps added to the
highway network.
The project study area will include Mandalay Avenue from just north of the Roundabout to Baymont
Street, Poinsetta Avenue from Just north of the Roundabout to Baymont Street, and Baymont Street from
Mandalay Avenue to Poinsetta Avenue. Existing PM Peak Hour traffic counts will be obtamed at the
following locations: Mandalay Avenue at Papaya Street, Mandalay Avenue at San Marco Street,
Mandalay Avenue at Baymont Street and Baymont Street at Poinsetta Avenue. The counts will be taken
from 4;00 to 6:00 p.m. With subtotals taken every 15 minutes on a Tuesday, Wednesday or Thursday.
The highest four consecutIve 15 mmute increments will be the PM Peak Hour.
'>()'\O St2rkl"V Roul""v:ud . N~ Port R1chev FL 34655
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Mr. Bennett Elbo
July 8, 2004
Page 2
The Peak Hour trips wIll be adjusted to annual average based on the Florida Department of
Transportation's Peak Season Factor Category Report 2003 for Pmellas County.
Project tnp distribution to the highway network wIll be based on the observed turnmg movements
dunng the traffic count. A figure will be prepared to identify project trip dlstnbution to the surroundmg
roads. The traffic study will review the projected level of service at the intersections counted
Operation of the highway lInks on Mandalay Avenue, Baymont Street, and Poinsettia Avenue WIll also
be reviewed.
Any improvements needed will be identified in the traffic report. Two copies of the report along with a
CD contammg the computer analysis of intersections and links will be provided to the City of
Clearwater.
If you have any questions or suggested revisions concerning this methodology statement, please contact
me.
c:
Paul B urtels, CIty of Cleanvater
Ryan Bnnson, City of Clearwater
John Hobach, JMC COnununltles
Ed Mazur, Florida DesIgn Consultants, Ine
FDC Flle No: 997-250-4006
/bit
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. P.O Box 997
Plant City, Fl33564
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PAGE 82
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Turning Movement Count
Field Data Sheet
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Speed Limit: Z. S mph
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3 Cycles Measured'
Date.
Count Times.
Direction:
Weather:
Phasing.
Intersection Sketch
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Turning Movement Count
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PAGE 10
P\-l'i
~ ... -~ - - --
II Print Date: Aud2612004 Florida Oepartm en.t,of Transportation
I Trans portat.ion Sta ustics Office
I PINEL LAS COUNTYWIDE 2003 Peak Seas on Factor Category Report
MOCF c 0.94
Cdegory: 1500 ~ Dates SF ~
I I 0110112003 ~ 0110412003 1.05 I 12
2 0110512003 - 0111112003 105 1 12
3 0111212003 - 0111812003 1.05 112
I 4 01/1912003 - 0112512003 1.03 1.10
5 0112612003 - 0210112003 1.00 1.06
6 02102/2003 - 02lO8f2003 098 1.04
I It 7 02/09/2003 - 02/15f2003 096 1.02
It 8 0211612003 - 0212212003 095 1.01
It 9 02123/2003 - 03/0112003 0.94 1.00
It 10 03/0212003 - 03/0812003 0.93 0.99
I It 11 03/0912003 - 03/15/2003 0.93 0.99
It 12 03/16/2003 ~ 03/2212003 0.93 0.99
It 13 03/2312003 - 03/29/2003 0.93 0.99
I It 14 03130/2003 - 0410512003 0.93 0.99
It 15 04/06/2003 - 04/1212003 0.93 0.99
It 16 04/13/2003 - 04/1912003 0.94 1.00
I .. 17 04/20/2003 - 0412612003 095 1.01
.. 18 04/2712003 - 0510312003 096 1.02
.. 19 0510412003 - 05/1012003 097 1.03
I 20 05/1112003 - 05/1712003 0.98 1.04
21 05/18/2003 - OSfl4/2oo3 0.99 1.05
22 OS/2512003 - 0513112003 099 105
23 06/01/2003 - 06/07/2003 100 1.06
I 24 06/0812003 - 06114/2003 100 1.06
25 06115/2003 - 06/21/2003 1.01 107
26 06/22/2003 - 06/28/2003 1.00 1.06
I 27 06129/2003 - 07/05/2003 100 1.06
28 07/0612003 - 07/1212003 1.00 1.06
29 07/13/2003 - 07/19/2003 100 1.06
30 0712012003 - 07/2612003 100 106
I 31 07/2712003 - 0810212003 100 106
32 08/03/2003 - 0810912003 101 107
33 08/1012003 - 08116/2003 1 01 107
I 34 08/1712003 - 08/23/2003 102 109
35 0812412003 - 08130/2003 1.03 110
36 0813112003 - 09106/2003 104 III
I 37 09/07/2003 - 09/1312003 104 III
38 09/1412003 - 09/2012003 105 112
39 09/2I!lOO3 - 09/2712003 104 1.11
40 09/2812003 - 10104/2003 104 III
I 41 10/0512003 -10/11/2003 103 110
42 10/12/2003 - 10/18/2003 102 1.09
43 10/1912003 - 10/2512003 1.03 I 10
I 44 10126:'2003 -11/0112003 1.03 110
45 1110212003 -1110812003 1.04 1.11
46 1110912003 -1111512003 104 III
I 47 11116/2003 - 11/22/2003 1.04 1.11
48 11/2312003 - 11/2912003 105 112
49 1113012003 - 1210612003 105 112
50 1210712003 - 1211312003 1.05 112
I 51 12114/2003 - 12/2012003 1.05 1.12
52 1212112003 -12/2712003 1.05 1.12
53 12/2812003 - 12/3112003 1.05 112
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1
I
HCS2000: Uns~gnal~zed Intersect~ons Release 4.1d
TWO-WAY STOP CONTROL SUMMARY
I Analyst: SMV
Agency/Co.: FDC
Date Performed: 8/17/2004
Analys~s T~me Per~od: PM Peak Hour
I Intersect~on: Mandalay at Papaya
Jur~sd~ction: County
Un~ts: U. S. Customary
I Analys~s Year: 2004
ProJect 1D: Clearwater Beach Hotel Resort
East/West Street: Papaya Street
I North/South Street: Mandalay Avenue
Intersect~on Or~entat~on: NS
- 997-250
Study per~od (hrs):
0.25
I MaJor Street:
VehJ.cle
Approach
Movement 1
L
Volumes and AdJustments
Northbound
2 3
T R
I Volume
Peak-Hour Factor, PHF
Hourly Flow Rate, HFR
I Percent Heavy Veh~cles
Med~an Type/Storage
RT Channel~zed?
I Lanes
Conf1.guratl.on
Upstream Signal?
I M1.nor Street: Approach
Movement
I
I
I
I
I
I
I
I
19 365 7
0.95 0.95 0.95
20 384 7
4
Und~vJ.ded
0 1 0
LTR
No
Westbound
7 8 9
L T R
13 2 9
0.95- 0.95 0.95
13 2 9
4 4 4
0
Volume
Peak Hour Factor, PHF
Hourly Flow Rate, HFR
Percent Heavy Veh~eles
Percent Grade (%)
Flared Approach: Ex~sts?/Storage
Lanes 0
ConfiguratJ.on
No
1
LTR
o
Southbound
4 5 6
L T R
12 452 2
0.95 0.95 0.95
12 475 2
4
/
0 1 0
LTR
No
Eastbound
10 11 12
L T R
1 1 16
0.95 0.95 0.95
1 1 16
4 4 4
0
/ No /
0 1 0
LTR
Queue
SB
4
LTR
Length, and Level of
Westbound
8
LTR
9
ServJ.ce
Eastbound
10 11
LTR
12
Delay,
NB
c 1
LTR
7
Approach
Hovement
Lane Confl.g
12
1157
0.01
0.03
8.1
A
24
307
0.08
0.25
17.7
C
17.7
C
v (vph)
C(m) (vph)
vie
95% queue length
Control Delay
LOS
Approach Delay
Approach LOS
20
1075
0.02
0.06
8.4
A
18
506
0.04
0.11
12.4
B
12.4
B
A--11
~
I
I Analyst: SMV
Agency/Co.: FDC
Date Performed: 8/17/2004
Analys1s T~me Per1od: PM Peak Hour
I Intersect~on: Mandalay at San Marco
Jurisd~ction: County
Units: U. S. Customary
I Analys1s Year: 2004
ProJect 10: Clearwater Beach Hotel Resort
East/West Street: San Marco Street
I North/South Street: Mandalay Avenue
Intersect10n Or1entat1on: NS
I
I
I
I
I
I
I
I
I
I
I
I
I
HCS2000: Unsignal~zed Intersect~ons Release 4.1d
MaJor Street:
TWO-WAY STOP CONTROL SUMMARY
- 997-250
Study per10d (hrs):
0.25
1
L
Volumes and
Northbound
2
T
3
R
Southbound
4 5 6
L T R
0 455 1
0.95 0.95 0.95
0 478 1
5
/
0 1 0
LTR
No
Eastbound
10 11 12
L T R
3 0 15
0.95 0.95 0.95
3 0 15
5 5 5
0
/ No /
0 1 0
LTR
AdJustments
Volume
Peak-Hour Factor, PHF
Hourly Flow Rate, HFR
Percent Heavy Vehicles
Med~an Type/Storage
RT Channelized?
Lanes
Conf~gurat1on
Upstream S1gnal?
12
0.95
12
5
Undivided
o
0.95
o
348
0.95
366
o 1
LTR
No
o
Minor Street:
Approach
Movement
7
L
Westbound
8
T
9
R
Volume
Peak Hour Factor, PHF
Hourly Flow Rate, HFR
Percent Heavy Veh1c1es
Percent Grade (%)
Flared Approach: EX1sts?/Storage
Lanes
Conf~gurat~on
o
Approach
Movement
Lane Config
Delay,
NB
1
LTR
Queue
SB
4
LTR
Length, and Level of
Westbound
8
10
Serv1ce
Eastbound
11
LTR
12
7
9
v (vph)
C (m) (vph)
v/e
95% queue length
Control Delay
LOS
Approach Delay
Approach LOS
12
1068
0.01
0.03
8.4
A
o
1176
0.00
0.00
8.1
A
18
509
0.04
0.11
12.3
B
12.3
B
A-l~
~
j
I Analyst: SMV
Agency: FDC
I Date: 8/17/2004
Per~od: PM Peak Hour
ProJect 10: Clearwater
E/W St: Baymont Street
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
HCS2000: Siqnal~zed Intersections Release 4.ld
Beach Hotel
Inter.: Mandalay at Baymont
Area Type: All other areas
Jur~sd: County
Year : 2004
Resort - 997-250
N/S St: Mandalay Avenue
SIGNALIZED INTERSECTION SUMMARY
I Eastbound I Westbound 1 Northbound I Southbound
I L T R I L T R I L T R I L T R
I 1 I 1
No. Lanes I 0 1 0 I 0 1 0 I 0 1 0 1 0 1 0
LGConfig 1 LTR 1 LTR I LTR I LTR
Volume 17 2 12 124 2 113 113 328 15 134 416 6
Lane W~dth 1 12.0 1 12.0 1 12.0 I 12.0
RTOR Vol 1 0 I 0 1 0 I 0
Duration 0.25 Area Type: All other areas
S~gnal Operations
Phase Combinat~on 1 2 3 4 I 5 6 7 8
EB Left A I NB Left A
Thru A I Thru A
R~ght A I R~ght A
Peds 1 Peds
WB Left A 1 SB Left A
Thru A 1 Thru A
R~ght A I R~ght A
Peds I Peds
NB R~ght 1 EB R1ght
SB Right 1 WB R~ght
Green 30.0 45.0
Yellow 4.0 4.0
All Red 2.0 2.0
Cycle Length: 87.0 sees
Intersect10n Performance Summary
Appr/ Lane AdJ- Sat Rat10s Lane Group Approach
Lane Group Flow Rate
Grp Capac1ty (s) vie g/C Delay LOS Delay LOS
Eastbound
LTR 538 1560 0.04 0.34 19.0 B 19.0 B
Westbound
LTR 536 1555 0.27 0.34 20.9 C 20.9 C
Northbound
LTR 919 1777 0.41 0.52 13.1 B 13.1 B
southbound
LTR 897 1735 0.54 0.52 14.7 B 14.7 B
Intersection Delay = 15.1
(sec/veh)
Intersect~on LOS
B
b.,-1<')
I
J
I
I Analyst: SMV
Agency/Co.: FOC
Date Performed: 8/17/2004
Analys~s T2me Per~od: PM Peak Hour
I Intersect2on: Baymont at P02nsett~a
Jur2sd2ct2on: County
Units: U. S. Customary
I Analys2s Year: 2004
Project ID: Clearwater Beach Hotel Resort - 997-250
East/West Street: Baymont Street
I North/South Street: Po~nsettia Avenue
Intersect20n Or2entat1on: EW
I
I
I
I
I
I
I
I
I
I
I
I
I
. ,
HCS2000: Unsignalized Intersections Release 4.1d
TWO-WAY STOP CONTROL SUMMARY
MaJor Street:
1
L
Volumes and
Eastbound
2
T
Study per~od (hrs):
0.25
AdJustments
3
R
Westbound
4 5 6
L T R
12 92 0
0.95 0.95 0.95
12 96 0
3
/
0 1 0
LTR
No
Southbound
10 11 12
L T R
Volume
Peak-Hour Factor, PHF
Hourly Flow Rate, HFR
Percent Heavy Veh2cles
Med~an Type/Storage
RT Channel1zed?
Lanes
Configuration
Upstream S1gnal?
o
0.95
o
3
Und~v~ded
16
0.95
16
o 1
LTR
No
35
0.95
36
o
Minor Street:
Approach
Movement
7
L
Northbound
8
T
9
R
Volume
Peak Hour Factor, PHF
Hourly Flow Rate, HFR
Percent Heavy Veh1c1es
Percent Grade (%)
Flared Approach: Ex~sts?/Storage
Lanes 0
Conf1gurat1on
54
---0.95
56
3
o
-- 0..95
o
3
o
10
0.95
10
3
o
No
I
/
1
LTR
o
Approach
Hovement
Lane Conf~g
Delay f
EB
1
LTR
Queue Length, and Level of SerV1ce
WB Northbound Southbound
4 ---I" 7 8 9 10 11
LTR 1 LTR
12
...,
v (vph)
C (m) (vph)
vie
95% queue length
Control Delay
LOS
Approach Delay
Approach LOS
o
1491
0.00
0.00
7.4
A
12
1548
0.01
0.02
7.3
A
66
855
0.08
0.25
9.6
A
9.6
A
^-.,~
I
I HCS2000: Unsignalized Intersect~ons Release 4.1d
I TWO-WAY STOP CONTROL SUMMARY
O Analyst: SMV
Agency/Co.: FDC
Date Performed: 8/17/2004
Analys~s T~me Perlod: PM Peak Hour w/Pro)ect Trafflc
O Intersect~on: Mandalay at Papaya
Jurlsdlct~on: County
Dnlts: U. S. Customary
I Analysls Year: 2007
ProJect ID: Clearwater Beach Hotel Resort - 997-250
East/West Street. Papaya Street
I North/South Street: Mandalay Avenue
Intersect~on Orientat~on: NS Study perlod (hrs): 0.25
Vehlcle Volumes and Ad)ustments
I MaJor Street: Approach Northbound
Movement 1 2 3
L T R
_ Volume
Peak-Hour Factor, PHF
Hourly Flow Rate, HFR
I Percent Heavy Veh~cles
Median Type/Storage
RT Channelized?
II Lanes
II Conf~gurat~on
Upstream S~gnal?
I
I
I
I
I
I
I
M~nor Street:
Approach
Movement
Volume
Peak Hour Far-tor, PHF-
Hourly Flow Rate, HFR
Percent Heavy Vehicles
Percent Grade (%)
Flared Approach: Exists?/Storage
Lanes 0
Conflguratl..on
20
0.95
21
4
Undlvlded
469
0.95
493
8
0.95
8
Southbound
4 5 6
L T R
12 549 2
0.95 0.95 0.95
12 577 2
4
I
0 1 0
LTR
No
Eastbound
10 11 12
L T R
1 1 17
0.95 0.95 0.95
1 1 17
4 4 4
0
/ No /
0 1 0
LTR
Delay, Queue
NB SB
1 - <1
LTR LTR
21 12
985 l053
0.02 0.01
0.07 0.03
8.7 8.5
A A
Approach
;:~ovement
Lane Conf~g
v (vph)
C (m) (vph)
v/c
95% queue length
I Control Delay
LOS
Approach Delay
Approach LOS
I
o 1
LTR
No
o
9
Serv~ce
Eastbound
10 11
LTR
12
Westbound
7 8 9
L T R
14 2 9
0.95 0.95 0.95
14 2 9
4 4 4
0
No
1
LTR
o
19
426
0.04
0.14
13.8
B
13.8
B
Length, and Level of
Westbound
8
LTR
7
25
222
0.11
0.38
23.3
C
23.3
C
6..-?1
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HCS2000: Uns~gnalized rntersect~ons Release 4.1d
Analyst: SMV
Agency/Co.: FDC
Date Performed: 8/17/2004
Analys~s Time Perlod: PM Peak Hour w/ProJect Traff~c
D Intersectlon: Mandalay at San Marco
Jur~sdictlon: County
Un~ts: U. S. Customary
I AnalYS1S Year: 2007
Project rD: Clearwater Beach Hotel Resort - 997-250
East/West Street. San Marco Street
I North/South Street: Mandalay Avenue
Intersect~on Or~entat~on. NS
TWO-WAY STOP CONTROL SUMMARY
Study perlod (hrs):
0.25
I Major Street:
Veh~cle
Approach
Movement 1
L
Volumes and AdJustments
Northbound
2 3
T R
Volume
Peak Hour Factor, PHF
Hourly Flow Rate, HFR
Percent Heavy Vehlcles
Percent Grade (%)
Flared Approach: EX1sts?/Storage
Lanes
Conflguratlon
I Volume
Peak-Hour Factor, PHF
Hourly Flow Rate, HFR
I Percent Heavy Vehlcles
Median Type/Storage
RT Channel~zed?
II Lanes
II Configurat~on
Upstream Slgnal?
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M~nor Street:
Approach
Movement
18
0.95
18
5
Undivlded
Southbound
4 5 6
L T R
0 542 1
0.95 0.95 0.95
0 570 1
5
/
0 1 0
LTR
No
Eastbound
10 11 12
L T R
4 0 26
0.95 0.95 0.95
4 0 27
5 5 5
0
/ No /
0 1 0
LTR
445
0.95
468
o
0.95
o
o 1
LTR
No
o
7
L
Westbound
8
T
9
R
o
Delay,
NB
1
Approach
M..;.-,rement
Lane Config
L'i'R
v (vph )
C(m) (vph)
v/c
95% queue length
Control Delay
LOS
Approach Delay
Approach LOS
18
987
0.02
0.06
8.7
A
Queue
SB
-4 <
LTR
Length, and Level of
Westbound
8
Servlce
Eastbound
10 11
LTR
12
I 7
r"
9
o
1078
0.00
0.00
8.3
A
31
447
0.07
0.22
13.7
B
13.7
B
A-J2
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I Analyst: SMV Inter.: Mandalay at Baymont
Agency: FDe Area Type: All other areas
Date: 8/17/2004 Jurlsd: County
I Per~od: PM Peak Hour w/Pro)ect Traff~c Year . 2007
Project 10: Clearwater Beach Hotel Resort - 997-250
E/W St: Baymont Street N/S St: Manda1ay Avenue
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HCS2000: Signalized Intersections Release 4.1d
SIGNALIZED INTERSECTION SUMMARY
I Eastbound I Westbound I Northbound I Southbound
I L T R I L T R 1 L T R I L T R
I 1 I I
I 0 1 0 I 0 1 0 I 0 1 0 I 0 1 0
I LTR I LTR I LTR I LTR
125 8 71 125 8 120 181 369 16 136 453 29
I 12.0 I 12.0 I 12.0 I 12.0
I 0 I 0 I 0 I 0
No. Lanes
LGConf~g
Volume
Lane Wldth
RTOR Vol
Duration
0.25
Area Type: All other areas
Signal Operatlons
3 4
45.0
4.0
2.0
Cycle
Intersect~on Performance Summary
Ad) Sat Rat~os Lane Group
Flow Rate
(s)
Phase Comblnatlon 1
EB Left A
Thru A
Rlght A
Peds
WB Left
Thru
R~ght
Peds
NB Right
SB Right
Green
Yellow
All Red
2
A
A
A
30.0
4.0
2.0
Appr/
Lane
Grp
Lane
Group
Capaclty
v/C
g/C
Eastbound
LTR
521
0.34
1512
0.21
Westbound
LTR
532
0.34
1543
0.30
Northbc...:nd
LTR
781
1510
0.63
0.52
southbound
LTR
B85
0.62
0.52
171l
Intersectlon Delay ~ 17.3
(sec/veh)
NB
Left
Thru
Right
Peds
Left
Thru
R~ght
Peds
Rlght
Rlght
5
A
A
A
6
7
8
SB
EB
WB
A
A
A
Length: 87.0
sees
Approach
Delay LOS
Delay LOS
C
20.3
C
20.3
21.2
16.6
16 2
C
21.2
C
B
16.6
B
B
16.2
B
Intersectlon LOS ~ B
t\ -L ~
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I Analyst: SMV
Agency/Co.: FDC
Date Performed. 8/17/2004
Analys~s T1me Per~od. PM Peak Hour w/ProJectTraff1c
I Intersect1on. Baymont at P01nsett1a
Jur1sd1ct~on: County
Un~ts: U. S. Customary
I Analys1s Year: 2007
ProJect 10. Clearwater Beach Hotel Resort - 997-250
East/West Street: Baymont Street
I North/South Street. P01nsett1a Avenue
Intersect~on Or1entat1on. EW
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HCS2000: Uns~gnal~zed Intersect~ons Release 4.1d
TWO-WAY STOP CONTROL SUMMARY
MaJor Street:
Study per10d (hrs).
0.25
1
L
Volumes and
Eastbound
2
T
3
R
Westbound
4 5 6
L T R
12 99 0
0.95 0.95 0.95
12 104 0
3
/
0 1 0
LTR
No
Southbound
10 11 12
L T R
o
0.95
o
3
Und~v1ded
7
L
Volume
Peak Hour Factor, PHF
Hourly Flow Rate, HFR
Percent Heavy Veh~cles
Percent Grade (%)
Flared Approach: EX1sts?/Storage
Lanes 0
Conf~gurat1on
61
0.95
64
3
18
0.95
18
o 1
LTR
No
Northbound
8
T
o
0.95
o
3
o
1
LTR
AdJustments
Volume
Peak-Hour Factor, PHF
Hourly Flow Rate, HFR
Percent Heavy Veh1cles
Med~an Type/Storage
RT Channel1zed?
Lanes
Conf~gurat~on
Upstream S~gnal?
41
0.95
43
o
M1nor Street:
Approach
Movement
9
R
10
o 95
10
3
o
No
/
/
o
Delay,
EB
1
LTR
Approach
Movement
Lane Conf1g
Queue
WB
4 .
LTR
Length, and Level of
Northbound
8
LTR
-10
7
9
Serv~ce
Southbound
11
12
v (vph)
C (m) (vph)
vlc
95% queue length
Control Delay
LOS
Approach Delay
Approach LOS
o
1481
0.00
0.00
7.4
A
12
1536
0.01
0.02
7.4
A
74
838
0.09
0.29
9 7
A
9.7
A
~-?4
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Analyst: SMV
I Agency/Co FOC
Date Performed. 8/17/2004
Analys1s T~me Per1od. PM Peak Hour
I Intersect1on. Mandalay at Dr1ve 1
Jur1sd1ct1on: County
Un~ts: U. S. Customary
Analys1s Year. 2007
I ProJect rD: Clearwater Beach Hotel Resort - 997-250
East/West Street. Or1ve 1
North/South Street: Mandalay Avenue
I Intersect~on Or1entat1on: NS
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HCS2000: Uns1gnal~zed Intersect~ons Release 4 1d
TWO-WAY STOP CONTROL SUMMARY
Study per10d (hrs).
o 25
MaJor Street:
Veh1cle
Approach
Movement
1
L
Volumes and
Northbound
2
T
AdJustments
3
R
Southbound
4 5 6
L T R
506 2
0.95 0.95
532 2
/
1 0
TR
No
Eastbound
10 11 12
L T R
5 12
0.95 0.95
5 12
4 4
0
/ /
1 1
L R
Volume
Peak-Hour Factor, PHF
Hourly Flow Rate, HFR
Percent Heavy Veh~cles
Med~an Type/Storage
RT Channel~zed?
Lanes
Conf~gurat~on
Upstream S1gnal?
21
0.95
22
4
Und~v~ded
493
0.95
518
o
LT
1
No
M~nor Street:
Approach
Movement
7
L
Westbound
8
T
9
R
Volume
Peak Hour Factor, PHF
Hourly Flow Rate, HFR
Percent Heavy Veh~cles
Percent Grade (%)
Flared Approach: EX1sts?/Storage
Lanes
Conf1gurat1on
o
Delay,
NB
1
L'!'
Queue Length, and Level of Serv~ce
SB Westbound Eastbound
4 7 8 9 10 11
L
12
R
v (vph)
C (m) (vph)
vlc
95% queue length
Control Delay
LOS
Approach Delay
Approach LOS
22
1024
0.02
0.07
8.6
A
5
229
0.02
0.07
21.1
C
12
543
0.02
0.07
11.8
B
14.5
B
f\ _fJ~
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TABLE 4 - 7
GENERALIZED PEAK HOUR DIRECTIONAL VOLUMES FOR FlORIDA'S
URBANIZED AREAS*
UNINTERRUPTED FLOW JUGIIW A YS FREEWAYS
Levd ofSemce Inlerchange lipaemg ::: 2 ml apart
Lanes DIVIded ^ B C D E Level of Semee
I UndlYlded 100 340 610 9SO 1,300 Lanes A B C D E
2 DIVIded 1,060 1.120 2.500 3,230 3,610 2 1,210 2,110 2,940 3,580 3,980
3 DIVIded. 1,600 2,590 3,140 4,840 5,500 3 1,970 3,260 4.550 5,530 6,ISO
STATE TWO-WAY ARTERIALS 4 2,660 4,410 6,150 1,48(1 8.320
Class I (>0 00 to I 99 .I1gnahzed Ull=edloos pel" mile) 5 3.360 5,S60 1,760 9,440 10,480
Level of SerVIce 6 4,OSO 6,110 9,360 11,390 12,650
Lanes [h Vlded. A B C D E
I UndIVided .. 220 720 860 890 loten:hange SPICIng < 2 I1ll apart
2 Dlvtded 250 1,530 1,81(1 1.860 .oo Level 0 r ServICe
3 DIVlded 380 2,330 2,1211 2,790 ... Lanes A B C D E
4 DIVIded 490 3,030 3,460 3.540 .oo 2 1,130 1.840 2,660 3,440 3.910
3 1,180 2.,890 4,180 5,410 6,150
Oass II (2 00 to 4.so .Ilgnal=d mt=edloos per nule) 4 2,340 3.940 5,700 7,380 8,3 80
Level of Sern.ce 5 3,080 4,990 1,220 9,340 10,620
Lanes Osvtded A B C D E 6 3,130 6.040 8,140 11 ,310 12,850
I UndIVided oo 100 590 810 850
2 Osvtded .. 220 1.360 1,710 I ,goo BICYCLE MODE
3 [hvtded .. 340 2,110 2,510 2,110
4 D1vtded .. 440 2.790 3,3 30 3,soo (Note Level of servtOe for !he ble)'ele mode 1I1 thIS table IS ba.sed OCI roadway
geometnes at 4(l mpb posted speed and traffic rondetlollS, !lOt number of
C\a$s IU (1llO<< than 4.s agnaIa.ed mterliec:bons pet" nule and not btcycUsts IlSU1g the &c1hly ) (Mulllply motorized veh1cle volwnes iibown below
WltIun pnlDlU)' city cmtraI busmeiis dtstnet of an by Dumbel: of cIlrWiotial roadWllY lanes toO determme IIWWllUtII ~ vol.UIlle&..)
Ilfban=d &rea o'oU 150.000)
Paved Shoulderl Level ofSern.ce
Level ofSetvtce BIcycle Lane
Lanes DlVlded A B C D E Coverage A B C D E
I Undevtded .. .. 280 660 810 0-49% .. .. 170 720 >720
2 DlVlded .. .. 650 1,510 1,720 50-84% .. 130 210 >210 ...
3 Dlvtded .. .. 1.020 2,330 2,580 85-100% 160 380 >380 ... ...
4 DIVlded .. .. 1,350 3,010 3,330
C\a$s IV (more than 4 5 .IlgnallZed mt=ectlons pel" lnlle and Wlthm
prunary City central ~ dlStnct of an IKbantzed area
over 750,000)
PEDESTRIAN MODE
(Note Level of 5CrVlCC for the: pedestnan mode In thIS table IS ba.sed on roadW1ly
geomelnc:li at 40 mph posted speed and barf 1<: CQn<llOoos. !lOt !he number of
pedestrl.aM usmg !he facl lIly ) (M ulOply motonzed veheele vol wnes iihowu below
by numbel: of d~onal roadway lanes 10 detemune maJUmum 5CMce volumes)
Level ofSern.Ot
~ DIVIded A B C
I UndiVided .. .. 270
2 Dlvtdod .. .. 650
3 Dmded .. .. 1.000
4 DIVIded .. .. 1.350
D E
120 180 Level of &mOt
1,580 1,660 SIdewalk Coverage A B C D E
2.390 2,490 0-49% .. ... - .. 330 810
3,130 3,2.50 50-84% .. .. .. 520 990
85-1OO"A. .. 120 .590 >590 ...
NON-STATE ROADWAYS
M~Jor Clty/County Roadways BUS MODE (Sdteduled FIXed RO\lle)
Level. of Sern.cc (Buses per hour)
Lanes [h Vlded. ^ B C D E Level of Savroe
1 UndIVided .. .. 480 160 810 S,dewalk Coverage A B C D E
2 DIVIded .. .. 1.120 1,620 1,720 0-84% .. >5 ~ 2:3 2:2
3 Dmded .. .. 1,140 2,450 2,580 85-100"A. >(; >4 2:3 2:2 2:1
Other" ScgnallZed Roadwa)'li
(.IlgMi=d lnter1ieettoo. attal yslS)
Level of ServICe
Lanes DIVIded A B C D E
I Undt VIdOO. .. .. 250 530 660
2 DIVIded .. .. 580 1.140 1.320
ARTERIAllNON-ST A TE ROADWAY ADJUSTMENTS
DMDED/UNDIVIDED
(alter IXlfIespondmg volumes by the Indeea~ percent)
Lanes Medl3.D Left Tum:; Lanes - AdJu.mnent Factors
I Os VIded Yes +5%
I UndIVIded No .20%
Multt UndIVIded Yes -5%
Mulo UndIVIded No -25%
~
t10nda Department OfTransportatlOD
S yslelll.l Pbnrllog OfflCC
605 Suwannee Sum. MS 19
Tallahassee, FL 323994lS0
httpJ Iwww II.rnyflonda.~mlplanrtlllg!systemslsmflosIdefautlhtm
02fl2lO2
ONE WAY FACILITIES
IllCrCISC correspondlllg volume 20"A.
o1luo"'" '- "'" _. _ """ -....w.. _"'y for......... pLoowaa....~ The _.....xis hm _Ibu lobIo Is "".... -..: be _ for _ 0Ip<><>f'" plawq
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97
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PEDESTRIAN AND BICYCLE CROSSINGS
AT MANDALA Y AVENUE AND BA YMONT STREET
A reVIew of pedestnan and bicycle crOSSIngs at the Mandalay Avenue and Baymant Street IntersectiOn has
been completed to deterrnme what Impact thiS activIty may have on the desirability of Installing a
westbound nght turn lane at the IntersectIOn In order to determIne the amount of pcdestnan and bicycle
actlvIty at the mtersectlOn counts were taken dunng peak beach acttvIty tIme runnmg from 10 45 a m to
3 00 p m on Saturday, November 13, 2004 The study was conducted by countIng pedestnan and blcycle
crossmgs of each leg of the Mandalay Avenue and Baymont Street mtersectlOll with sub-totals taken every
15 mmutes EXlstmg vehicle actlvlty on the west leg of Baymant Street at the mtersectlOn was also counted
The results of these counts are summanzed m Table 1 and the actual count forms are attached In AppendIx
A
The pedestnan and bIcycle movements that may conflIct wIth the eastbound nght turn movement on
Baymont Street at Mandalay Dnve have been revIewed This would mclude pedestnan and bicyclists
crossmg the west and south legs of the Intersection The peak one (1) hour penod of the counts taken on
November 13, 2004 for the west leg of the mtersectiOn occurred between 11 45 a m and 1245 pm, wIth
104 pedestnans and 6 bIcyclists crossIng For the south leg of the mtersectIon, the 11 45 a m to 1245 pm
hour expenenced 41 pedestrIans and 1 bicyclist crossmg thIS leg of the IntersectiOn The potential conflIcts
with motor vehIcle traffic trYIng to make a nght turn on Baymant Stree~ to Mandalay A venue therefore are
110 pedestrIans and bIcyclists on the west leg of the mtersectlon and 42 pedestnan and bicyclists on the
south leg of Mandalay A venue
The number ofvehIc1es entenng the mtersectlOn from the west dUrIng the 11 45 to 1245 P m hour mc1uded
6 rIght turnmg vehlcles and 8 other vehicles approachmg the mtersectlOn, for a total of 14 vehIcles
approachmg the mtersectlon The projected traffic volumes wIth the constructIon of the proposed project
mcludes 120 nght turns and -33 other vehIcles, for a total of 153 vehIcles The-prsJected traffic volumes
were analyzed usmg the HIghway Capacity Software assummg a smgle approach lane for eastbound traffic
The results of thiS analYSIS were that the overallllltersectIon would operate at Level of ServIce (LOS) B, wIth the eastbound traffic operatmg at LOS C
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The need to provide a separate rIght turn lane for eastbound traffic has not been demonstrated based on the
analysIs of this mtersectlon with the projected future traffic volumes If a separate rIght turn lane would be
added on this approach It would create a longer roadway that would need to be crossed by pedestrIan,:> and
bIcyclists crossmg the west leg of the mtersechon AdditIonally, a rIght turn lane would better facIlitate
nght turns on red, which would have a potentIal confhct wIth pedestrIans and bicyclists crossmg the south
leg of the mtersectlOn The confhcts between the motor vehIcles and pede'3trmn bicyclists would Increase
the chance for accidents
Based on the fact that the mtersectlOn has been shown to work acceptably without the addition of a rIght
turn lane on Baymont Street west of Mandalay Avenue (wIth the future traffic volumes) and the potentIal
reductIOn In pedestrIan and bIcyclist safety, It IS recommended that the rIght turn lane not be Installed
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ENGINEERS, ENVIRONMENTALISTS, SURVEYORS a. PLANNERS
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FLORIDA DESIGN, GC.tvSUL T ANTS, INC.
ENGINEERS, ENVIRONMENT AL.~ TS. SvR\oL. YORS 6 PLANNERS
303(\ S\arkey BOlJle\''.lrd. ','l1l f'Qt 1 P'chey FL 34655 a Ql f"JSD
ror. (72-n 649-1566 - ~.Il. ,,:'7) 848.3648 l \ ,.. (...'J
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JI? ARKING DEMAND
STUDY
RevIsed November 18,2004
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SAND PEARL RESORT
PARKING STUDY
Submltted to
CIty of Clearwater
Prepared for
eBR Development II LLC
2201 Fourth Street North, SUIte 200
St. Petersburg, FL 33704
Prepared by
Flonda Design Consultants, Inc.
3030 Starkey Boulevard
New Port Richey, FL 34655
(727)849-7588
Date
November 18,2004
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1.0 INTRODUCTION
CBR Development t, LLC IS proposmg the redevelopment of eXlstmg property, located on the
Clearwater Beach sectlOn of the City of Clearwater, mto resort hotel, condommIUms, and retaJ!
land uses The property IS located south of Rockaway Street, west of Mdndalay A venue, north of
San Marco Street. and extends to the beach on the Gulf of MexIco, see Figure I, Project LocatIOn
Map The Site mcludes the eXlstmg Clearwater Beach Hotel whIch has 157 rooms and a bUlldmg
which preVIOusly housed a mghtclub The proposed land uses mclude 120 condommlUm
dwellmg umts, a 260 room resort hotel with a "beach club", and 11,000 square feet of retaIl In
additIOn, 57 boat slIps are proposed to be constructed on Mandalay Channel as part of the
project
Clearwater Beach IS a tounst recreatIon destmatIOn The mam attractIOn IS the beach Itself,
however, a number of tounst actIVIties have been establtshed mcludmg SaIlboat and powerboat
charters from the Clearwater Manna, Pier 60 restaurants and beach related retail stores along
Mandalay A venue, etc Numerous hotels and condommlUm umts have been established on
Clearwater Beach for people to stay as long as deSIred A trolley serVice, (the Jolley Trolley),
has been establIshed to shuttle people between vanous pomts along Clearwater Beach m order to
mlmmlze not only vehicle traffic but also to help reduce parkmg demands ThiS study has been
prepared to Identify the expected parkmg demand for the Site, and how the demand will be
handled, takmg mto account the eXlstmg mfrastructure
2.0 PARKING STUDY METHODOLOGY
ThiS parkmg study conSiders two alternate methodologies One analysIs IS based on a stnct
mterpretatIOn of the City of Clearwater Code reqUirements The results of that analYSIS are lIsted
III Table I - Parkmg Spaces for the Sandpearl Resort, based on Code ReqUirements
The second analYSIS IS based on the observed operatIOn of the eXIstmg Clearwater Beach Hotel
and a number of other resorts With Similar amemtles packages AdditIonally, thiS second
analYSIS conSiders other alternative parkmg schemes, such as valet parkmg The results of the
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3.3
only on other areas of Clearwater Beach, but also m the Downtown Dlstnct where the Land
Development Code allows for a parkmg ratto 2.4 spaces per 1,000 GF A for similar Retail Sales
and Service It should also be noted that Sectton 2-803 K5 allows for fleXIbIlity regardIng off-
street parkmg for RetaIl Services If the "adjacent land uses are of a nature that there IS a high
probabIlity that patrons Will use modes of transportation other than the automobIle to access the
use" In addition, the shops and phYSIcal characterIstics of the soutl1ern half of the retaIl area
mdlcate that the likely use of the property WlIl reqUire a lower parkIng space ratio Therefore, a
ratio of 2 7 spaces per 1000 GF A was used for the retail area III the operatIOnal reqUIrements
sectIOn of the study
RESORT HOTEL
The amemtIes to be provIded III the 260 room resort mclude meetmg rooms, ball rooms,
restaurants and lounges, a spa, two sWimmmg pools, and a beach club along With the hotel
rooms The beach club is considered an "Accessory Use" to the Resort and WIll provide
members With locker faCIlities, access to a spa, fitness center, meetIng rooms, restaurants, pool
and the beach Thl<:; facIlity Will have a maXImum of 300 members It IS expected that the
majorIty of the membershIps Will be taken by people hvmg III or close to the Sandpearl Resort
because It WIll proVide them full access to the restaurant In the resort as well as the beach club
facilities
People WIll come to the hotel m a number of modes of travel A number of hotel guests,
IncludIng many commg from the Tampa International Airport, will arnve In taxIs and
IImousmes, reducmg the number of parkmg spaces needed For the automobiles arnvmg to the
hotel, two optIOns for parkmg WIll be proVided dUrIng normal operatmg penods These mclude
valet service and self park options Dunng heavy use perIods such as holidays, spnng break, and
projected high attendance events the hotel Will shift to 100% valet parkmg, which Will be
available m the hotel 24 hours per day
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A parkmg analysIs was completed and approved by the CIty of Clearwater for the eXIstIng
Clearwater Beach Hotel located on the project SIte That study which was completed by Flonda
DeSIgn Consultants, Inc , dated June 2003 concluded that the mam hotel bUildIng, which also
mcludes meetmg and banquet faCIlities, etc, (l37 rooms north of Baymont) was adequately
served by 98 on-sItc parkIng spaces ThiS IS a ratlO of 0 715 parking space per room Therefore,
thiS ratio was uscd for the first 137 rooms of the new resort, and a ratio of 1 0 spaces per room
was used for the additional 123 rooms to be contamed wIthm the Sandpearl Resort
For the second analYSIS, the ratio of 0 715 spaces per room was used for the entire 260 rooms
smce that ratio has been proven to be acceptable to the City of Clearwater
3.4 BEACH CLUB
A "beach club" Will be mcluded wIthm the resort that Will proVIde members With locker
faCIlIties, access to a spa, fitness center, meetmg rooms, restaurants, pool and the beach ThiS
faCIlity will have a maxImum of 300 members It IS expected that many of the memberships will
be taken by people hvmg In or close to the Clearwater Beach Resort (Please refer to the
Development Agreement for a geographIcal defimtlOn of "inSIde" members vs "outside"
members) The 120 eondommmm owners on-site will be offered dIscounted membershIp dues
ThiS will prOVide them full access to the restaurants In the hotel as well as the beach club
faCilities and should prove to be popular It IS estimated that, due to the incentives to be offered,
75% of the adjacent condomInIUm owners, or approximately 90 memberships, would be taken by
these IndiVIduals They would already have parkmg facIhtIes located on Site and would,
therefore, not need an additIOnal space Belle Harbor IS another JMC development on
Clearwater Beach that has a total of 200 condominIUm umts ThIS property does not have direct
access to the beach It IS conservatively estimated that 25% of the reSidents of Belle Harbor
would JOIn, SInce It would proVIde them With beach facilities and other amemtIes not avaliable at
Belle Harbor ThIS represents an addItIonal 50 memberships Therefore, cappmg the
membership at 300 leaves only 160 members that might need to dnve to the project (outSIde
members) It IS extremely unlikely that all 160 members would reqUIre parkmg at the same time
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A rate of 20% of these members usmg the club at anyone tIme may also be high, but for this
study the rate of 1 space per 5 memberships was used and IS similar to the ratio used at
comparable clubs through out FlorIda (see Appendix) Therefore, we have estimated 32 spaces
for the Beach Club Other fact<;lrs that were consIdered m this analysIs mclude the size of the
beach club facilities (see archItect's plans) and the mput received from representative of Coral
HospItabIhty Group, the future manager/operator of the resort Their-experIence mdlcates that
one reason the parkmg needs of this type of club IS low IS due to the fact that the Beach Club
members, and hotel guests with cars, use parkmg spaces at different times Many of the hotel
guests use then car dunng the day to VISit other local attractions It IS dUrIng thiS penod that the
Beach Club members USe the spaces vacated by the resort guests When the Beach Club
members leave towards the end of day the resort guests use the space for overnIght parkmg
Although thiS obViously does not apply to all resort guests, It IS a factor to be taken mto account
regardmg Beach Club parkmg
3.5 BOAT SLIPS
As part of the proJect, 57 boat sltps are proposed to be constructed on Mandalay Channel These
slIps will have access to the Intracoastal Waterway and the Gulf of MeXICO Nmeteen of these
shp<; will be reserved for CIty of Clearwater use The remainIng 38 will be used by Sandpearl
Resort Some of the shps will be rented to the on-site condomInIUm owners and the remamder
will be available for hotel guests The hotel will provide shuttle service to the boat slIps as
needed The boat slIps wlll, therefore, not reqUIre any additIOnal parkmg spaces
3.6 SUMMARY
The number of parkmg spaces reqUired by Code at the Sandpearl Resort are summanzed m
Table 1 As IS mdlcated In thIS table, there IS a shortfall of 25 parkmg spaces Apphcant IS
requestmg a parkmg reduction of 25 spaces Table 2 shows the number of spaces based on
mdustry operatIOnal reqmrements That table shows the provided 431 parkmg spaces are
adequate for normal operatton
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4.0 PEAK DEMAND PERIODS
Dunng pen ods of peak demand at the Sandpearl Resort, such as hohdays and spring break the
nonnal parkmg arrangements may not satlsfy the parkmg demand Several measures will be
employed to meet thIS mcreased demand An employee shuttle serVIce WIll be InstItuted
Employees WIll be dIrected to park at a prearranged off-SIte locatlon and Wjll be shuttled mto the
hotel Parkmg for the hotel WIll be sWitched to 100% valet service As mdlcated III FIgure 2,
100% valet servIce WIll provide space to park 74 additIonal vehlcles m the hotel designated
portIons of the parkmg lot and first parkmg level of the adjacent condommIUm ThIS would
result III a total of over 500 parkmg spaces on SIte
5.0 CONCLUSION
WIth the measures proposed, the Sandpearl Resort WIll provIde adequate parkmg for normal
operatIon and for peak penods ThiS can be accomplIshed wIthout requITIng use of City of
Clearwater provIded on street or lot parkmg
es
k \Sandpearl Resort\Reports\SandpearJ Resort ParJ..mg Study doc
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TABLE I. PARKING SPACES FOR THE SANDPEARL RESORT
Based on Code ReqUIrements
Code Number of Number
Size Unit Rate/Space Per Umt Spaces Req ui r€!'tl Provided
s by Code
CondommIUm 120 DU 1 5 DUll) 180 180
RetaIl 11,000 SF 5 1,000 SF 55 30
Resort Hotel 260 Room (1) Room 221 221
Total Space ReqUired/Provided 456 431 (J)
Note (I)Dwelhng Umt
(2)98 Spaces for the first 13 7 rooms and 123 spaces (I space/hotel room)
for the remammg 123 rooms
(3)When 100% valet parkmg IS mstrtuted dunng peak demand pen ods this number
mcreases to 505 spaces
Applicant Will be requestmg a parkmg reduction of 25 spaces
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Vinoy Parking Analysis
Dunng the preparation of the parkmg study for Clearwater Beach Resort Representatives of JMC
CommumtIes contacted the operator of the Vmoy m St Petersburg m order to obtam mformatIOn
regardmg the number of hotel rooms, parkmg spaces, club members, etc , a copy of the e-mall outlImng
the results of this conversatIOn IS enclosed WIth thlS attachment The followmg outlmes the results of
that conversatlOn and the analysIs of the mforrnatlOn
Hotel Rooms = 360
Parkmg Spaces = 523
Club Memberships = 1100
Meetmg Room = 40,000 Sq Ft
Although the SIze of the meetmg room facIlIties at the Vmoy are sIgmficantly larger than the meetmg
room faCIlItIes at the proposed Clearwater Beach Resort and, therefore, the parkmg ratlO for the hotel
facllIty should be Iugher for the Vmoy than for the Clearwater Beach Resort, usmg the same ratIo of 0.8
parkmg spaces per room used m thlS report mdIcates that 288 parkmg spaces are "assIgned" to the
resort, leavmg 235 spaces avaIlable for club members ThIS allows for parkmg spaces to be avaIlable for
21 8% of the club membershIps (a ratIo of 1 space per 46 membershIps) This compares favorably to
the 20% (a ratIo of 1 space per 5 membershIps) used m the analysIs for the Clearwater Beach Resort
It should also be noted that the Vmoy has a SIgnificant number of tenTIlS courts avaIlable to club
members, w Iuch IS one of the maJ or reasons V moy membershIps are very popular m S t Petersburg
es
K \Clearwater Beach HOIe1\Reports\Parkmg Study Attachment I doc
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November 8, 2004
To Whom It May Concern
The LaPlaya Beach & Golf Resort IS proud to offer exceptional private club
memberships With our current membership of 350 members, we have allotted 50
parkmg spaces at our facIlities We have found thiS ratio of parking spaces to members
to work well Spaces are available on a first come, first served basIs to our
membership, and we generally have spaces available as the members come and go at
differing times to utilize the Club facilities In addition, approximately 60 of our members
live locally and walk regularly to the Club,
We appreciate your mterest In LaPlaya Beach & Golf Resort
~
Marvin Perez
Hotel Manager
Ipw
N.
NOBLE HOUSE
9891 GULrsHORI! DRIYI!
nAPLES. noRIDA 5., I 08
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Edgewater Beach Hotel & Club
1901 Glllf Shore BOllle\drd North
Naples, Flonda 34102
Phone (239) 403-2000 Fax (239) 403-2100
www edgewaternapJes com
WIlham R Do}le. III
Generdl Manager
To Whom It May Concern
As General Manager of Edgewater Beach Hotel, I have successfully managed a 750-member
dmmg club for nearly 10 years The Hotel and Club are both located on Gulf Shore Boulevard m
Naples, Flonda, III one ofthe bUSIest areas m this City, as they are located dueclly on the Gulf of
MeXICO The Club parkmg total IS only 50 spaces, WhICh has proven to be adequate smce the
maJonty of club members are denved from nearby condomIllmms, and are therefore able to
walk
I would estlmate that out of our 750 members, 300 members must dnve to the Club, With the 450
member balance hvmg wlthm walkmg dIstance
ThIs general formula has served me well over the past years, and as a result, I have not found the
need to supplement my eXIstmg parkmg area
Please call me If you have any questIOns at (239) 403-2000
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DJEVJELOPER~S
QUALIFICATIONS
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JMC COMMUNITIES
Development Summary
JMC Communities IS an award-wmmng Pmellas County-based developer comnutted
to envIronmental excellence and architectural beauty The company was founded In 1972
by J Michael Cheezem, a St. Petersburg natIve and second-generatIOn bUIlder JMC
Commumties employs 135 local resIdents, and IS a full serVIce development company
We belIeve that by controllIng all aspects of the development process from land
planmng . to constructIOn to sales to management, we can achieve a level of
conSistent qualIty and servIce whIch might not otherwIse be possIble Smce 1972, JMC
CommumtIes has bUIlt over 3,700 qualtty condommIUm homes on the We~t Coast of
Flonda With a total sales value of approxImately $550 mIllion In 2000, JMC expanded
to Flonda's East Coast where It IS currently developmg a 38-acre award wmnmg
commumty In VoluSIa County's New Smyrna Beach
}MC Communities has collected many awards throughout the years for superlatIve
architectural design, commumty beaUtificatIOn and envIronmental excellence, mcludmg
the 2000 Aurora Water-Wise Award for the Florencla, 1998 Builder of the Year
award from the Con traUo rs and Budden Assoctatwn, the 1997 Community
Beautification award for the Bacopa Bay corrunumty, the 1994 Environmental
Excellence Award of Merit for the Dolphm Cay commumty, the 1994 Grand
PrizelDesign with Natives award from the Ronda Native Plant Society for the Dolphin
Cay commumty, the 1994 Builder's Choice Design & Planning award for Cat's Pomt
Pavdwn, Dolphin Cay, and the 1992 Environmental Excellence award for the Dolphm
Cay commumty
The following proudly profiles our communities:
@) The Bellamy on Bayshore... Above all else Quamt streets lIned by majestIc
towenng oak trees With almost five miles of umnterrupted VIews of Tampa Bay and
the lIghts of downtown Tampa This 63 umt, 20-story condommium commumty
broke ground m March 2004 WIth an estlmated completlon date of March 2006
o Belle Harbor... capturing all the character and charm of a MedIterranean
seaside Village, Belle Harbor Will offer modern convemences and luxury
appomtments m a umque, protected harbor settmg The VIllage WIll conSIst of one
tower With 96 umts and one tower WIth 66 umts, surrounded by 38 CIty & manna
homes, mcludmg 65 boat slIps
02) Minorca... IS beauttfully placed between the AtlantIc Ocean and the Indian
RIver m the seaside town of New Smyrna Beach The commumty, WhICh broke
ground In the Spnng of 2001, Will conSist of 312 COndOlTIllllUm homes among
seven 9-story bUIldmgs
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o Mandalay Beach Club... two towers nSIng from the white sands of
Clearwater Beach overlookIng the Gulf of MexIco 11us 156 condomrlllum
residence communIty WIth a resort flair was completed In October 2002
10 Florencia... located In the heart of downtown St Petersburg was completed
In 2001, and conSists of 50 luxury condomInIUm homes III a 20-story tower, all
With VIews overlookmg Tampa Bay
o Hampton Inn & Suites... located across the street from the FlorenclQ In
downtown St Petersburg, was completed In 2002 TIns 91-room Inn provIdes the
commumty With qualIty accommodatIons and fnendly service.
'12) Meridian on Sand Key... located on the Gulf of MexIco In Clearwater
consistIng of 106 condorrnnIum homes WIth a total sales value of $56,000,000
" The Grande on Sand Key... located on the Gulf of MexIco In Clearwater
consIsts of 234 homes m two towers, WIth a sellout of $86,000,000
o Bacopa Bay... located on Boca CIega Bay In St Petersburg consists of 188
condorrnnIum homes With a total sales value of $49,000,000
o Dolphin Cay... In St Petersburg blends 315 condomInIUm homes WIth 47
smgle-fanuly home Sites, and a total sales value of over $72,000,000
@ H arbo ur Side. .. began constructIOn In 1 986, conSIstIng of 722
condomInIUm homes In South Pasadena, WIth a total sales value of $85,800,000
o Pinebrook.. .IS a 687 home communIty bUIlt around an 18-hole golf course
In Bradenton WIth a total sales value of $54,200,000 completed III 1995
o Pasadena Cove... conSIstIng of 256 wateriront condorrnnIum homes broke
ground In 1982 III South Pasadena, WIth a total sales value of $19,000,000
@) Wood Park at DeSoto Square... located m Bradenton IS a 390 home
commumty that began In 1981 With a total sales value of $21,800,000
o Winston Park Northeast... consIsting of 216 condommlUID homes With a
total sales value of $12,000,000 IS located III St Petersburg, and was completed III
1980
11/08/04