26-09RESOLUTION NO. 26-09
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER, MHG PALM
PAVILLION HOTEL, LP AND SIXTH FLAG PLANTED LLC;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with MHG Palm Pavillion Hotel, LP and Sixth Flag Planted LLC; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Development Agreement between the City of Clearwater, MHG
Palm Pavillion Hotel, LP and Sixth Flag Planted LLC, a copy of which is attached as
Exhibit "A," is hereby approved.
Section 2. This resolution shall take effect immediately upon adoption.
Section 3. The City Clerk is hereby directed to record the Development
Agreement with the Clerk of the Circuit Court for Pinellas County, Florida no later than
fourteen (14) days after execution of the Development Agreement.
PASSED AND ADOPTED this
Approved as to form:
// moi:
Matthew J. Mytyc sq.
Assistant City Attorney
20th August
day of
, 2026
Bruce Rec
Mayor
Attest:
Rosemarie Call
City Clerk
Resolution No. 26-09
HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
THIS HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT (this
"Agreement") is made and entered into this MU "day of% , 2026, by and
between MHG PALM PAVILION HOTEL, LP, a Florida limited partnership ("MHG"), its
successors and assigns; SIXTH FLAG PLANTED, LLC, a Florida limited liability company
("Sixth Flag") (collectively, MHG and Sixth Flag hereinafter referred to as the "Developer"), its
successors and assigns; and THE CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation (the "City" and together with the Developer the "Parties").
RECITALS:
WHEREAS, one of the major elements of the City's revitalization effort is a special area
plan for the revitalization of Clearwater Beach (the "Beach") adopted under the provisions of the
Florida Growth Management Act, Chapter 163, Part II, Florida Statutes, and titled Beach by
Design; and
WHEREAS, Sections 163.3220 — 163.3243, Florida Statutes, the Florida Local
Government Development Agreement Act (the "Act"), authorizes the City to enter into binding
development agreements with persons having a legal or equitable interest in real property located
within the corporate limits of the City; and
WHEREAS, pursuant to the Act the City has adopted Section 4-606 of the City of
Clearwater Community Development Code (the "CDC"), establishing procedures and
requirements for the City to consider when entering into development agreements; and
WHEREAS, Beach by Design proposed the development of hotel units to equalize
development opportunities on the Beach and to ensure the Beach remains a quality, family resort
community, and further provided for a limited pool of additional hotel density reserve units
("Reserve Units") to be made available for hotel projects with said pool being referred to as the
Hotel Density Reserve (the "Reserve"); and
WHEREAS, Sixth Flag is the owner of certain real property located at 10 Bay Esplanade,
Clearwater, FL 33767 and MHG is the owner of certain real property located at 18 Bay Esplanade,
Clearwater, FL 33767, which together encompass 1.06 acres of real property that encompass a
condominium plat known as the Palm Pavilion Land Condominium (the "Property") in the
corporate limits of the City, more particularly described in Exhibit "A" attached hereto and
incorporated herein; and
WHEREAS, the City and Developer wish to enter into this Agreement to develop a mixed-
use hotel project on the Property consisting of 144 overnight accommodation units, an
approximately 9,389 square foot restaurant, approximately 1,480 square feet of guest amenity
space, a pool, a lobby, and an approximately 78,840 square foot parking garage containing a
minimum of 173 parking spaces or 1.2 spaces/unit for the overnight accommodations use,
1
generally conforming to the conceptual site plan and architectural elevations shown in Exhibit "B"
(collectively the "Project"); and
WHEREAS, the Property has not previously acquired density from the Destination Resort
Density Pool; and
WHEREAS, upon completion the Project will contain 144 overnight accommodations
units, which includes 91 Reserve Units; and
WHEREAS, the City has conducted such public hearings as are required by and in
accordance with Section 163.3225, Florida Statutes, CDC Sections 4-206 and 4-606, and any other
applicable law; and
WHEREAS, the City has determined that, as of the date of this Agreement, the Project is
consistent with the City's Comprehensive Plan and the CDC; and
WHEREAS, at a duly noticed and convened public meeting on , 2026,
the City Council approved this Agreement and authorized and directed its execution by the
appropriate officials of the City; and
WHEREAS, approval of this Agreement is in the best interests of the City in furtherance
of the City's goals of enhancing the viability of the resort community and in furtherance of the
objectives of Beach by Design; and
WHEREAS, the Developer has approved this Agreement and has duly authorized certain
individuals to execute this Agreement on the Developer's behalf.
WITNESSETH:
NOW, THEREFORE, in consideration of and in reliance upon the premises, the mutual
covenants contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Parties hereto intending to be legally bound and in
accordance with the Act and CDC, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and
under the authority of the CDC and the Act, the terms of which as of the date of this Agreement
are incorporated herein by this reference and made a part of this Agreement. Words used in this
Agreement without definition that are defined in the Act shall have the same meaning in this
Agreement as in the Act.
SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is
subject to this Agreement.
,2
A. The Property currently has a land use designation of Resort Facilities High (RFH) and is
zoned Tourist (T). The permitted uses on the property shall include overnight
accommodations, retail sales and services, restaurants, and any accessory uses commonly
associated with a hotel as determined by the City's community development coordinator.
Such uses shall be developed in accordance with the Project's conceptual site plan and
architectural elevations attached hereto as Exhibit "B" (collectively the "Conceptual Site
Plan").
B. Sixth Flag and MHG are collectively the Owners of the Property as described herein.
SECTION 4. Scope of Project.
A. The Project shall consist of one hundred forty-four (144) overnight accommodation units
in total which includes ninety-one (91) Reserve Units. Upon adoption of this Agreement,
the Project shall receive the 91 Reserve Units. All Reserve Units not constructed in
accordance with this Agreement shall be returned to the Reserve. The Project shall include
a minimum of one hundred seventy-three (173) parking spaces (1.2 spaces per unit)
dedicated to the overnight accommodation use, as defined in the CDC.
B. The City has determined that the Conceptual Site Plan is consistent with Beach by Design.
C. The Project shall not exceed seventy-five (75) feet in height. Thebuilding intensity shall
include One Hundred Forty-four (144) overnight accommodation units, an approximately
9,389 square foot restaurant (which reflects the existing size of the restaurant),
approximately 1480 square feet of guest amenity space, a pool, a lobby, and an
approximately 78,840 square foot parking garage which shall contain the parking spaces
referenced in Subsection A. above.
SECTION 5. Effective Date/Duration of this Agreement.
A. This Agreement shall not be effective until this Agreement is properly recorded in the
Public Records of Pinellas County, Florida, pursuant to Section 163.3239, Florida Statutes
and CDC Section 4-606 (the "Effective Date").
B. Within fourteen (14) days after the City approves the execution of this Agreement, the City
shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The
Developer shall pay the cost of such recording.
C. This Agreement shall continue in effect for ten (10) years commencing on the Effective
Date (the "Term") unless earlier terminated as set forth herein.
3
SECTION 6. Obligations of the Developer. The obligations under this Agreement shall be
binding upon and the benefits of this Agreement shall inure to the Developer, its successors in
interests or assigns. To comply with this Agreement, the Developer must comply with the
following:
A. At the time of development of the Property, the Developer will submit such applications
and documentation as are required by law and shall comply with the CDC provisions
applicable at the time of building permit review.
B. The Project shall be developed in substantial conformance with the Conceptual Site Plan
and the provisions of this Agreement. Any modifications determined by the Community
Development Coordinator as either inconsistent with the Conceptual Site Plan or
constituting a substantial deviation from said plan shall require an amendment to this
Agreement in accordance with the procedures of the Act and the CDC, as necessary and
applicable. Any and all such approved and adopted amendments shall be recorded in the
Public Records of Pinellas County, Florida.
C. The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level
Two development application within one (1) year from the Effective Date of this
Agreement in accordance with the provisions of the CDC, commence vertical construction
within four (4) years from the date of site plan approval (issuance of a "Development
Order"), and obtain a certificate of occupancy within six (6) years from the date of site plan
approval. For sake of clarity, "commence vertical construction" shall mean that the
physical building encompassing the Project has begun being erected on the Property.
Notwithstanding anything contained herein, the Developer shall have the right to request
extensions permitted by law for the Development Order.
D. Evacuation/Closure Covenant. Prior to the commencement of construction, the Developer
shall execute and record a mandatory evacuation/closure covenant, substantially in the
form of Exhibit "C", providing certain use restrictions and stating that the overnight
accommodation component of the Project will close as soon as practicable after a hurricane
watch that includes Clearwater Beach is posted by the National Hurricane Center.
E. Covenant of Unified Use and Development. Prior to the issuance of the first building permit
for the Project, the Developer shall execute and record a mandatory covenant of unified
use and development, substantially in the form of Exhibit "D". Such covenant shall
provide that the Project shall be developed and used as a single project, provided, however,
that nothing shall preclude the Developer from selling all or a portion of the Developer's
Property in the event that the Developer decides not to construct the Project. It is
understood and agreed that, in the event that the Developer enters into the covenant of
unified use and development and 1.) elects not to construct the Project and notifies the City
of this election in writing, or 2.) as of the date of expiration, termination, or revocation of
this Agreement, no rights of the Developer remain or will be exercised to incorporate the
4
Reserve Units into the Project, the City shall execute and deliver to the Developer a
termination of such covenant of unified use and development suitable for recording in the
Public Records of Pinellas County, Florida.
F. Transient Use. A reservation system shall be required as an integral part of the overnight
accommodations use for the Project. There shall be a lobby/front desk area that must be
operated as a typical lobby/front desk area for a hotel would be operated. Access to all units
must be provided through a lobby and internal corridor. All units shall be available to the
public for overnight transient hotel occupancy at all times through the required hotel
reservation system. Occupancy in the hotel is limited to a term of less than one (1) month
or thirty-one (31) consecutive days, whichever is less. No unit in the hotel shall be used as
a primary or permanent residence.
G. No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the
definition of "dwelling unit" in the CDC. Mini kitchens as defined in Beach by Design are
permitted.
H. Inspection of Records. The Developer shall make available for inspection to authorized
representatives of the City its books and records pertaining to each Reserve Unit upon
reasonable notice to confirm compliance with these regulations as allowed by general law.
I. Compliance with Design Guidelines. The Developer agrees to comply with the applicable
Design Guidelines as set forth in Beach by Design.
J. Limitation on Amplified Music. The Developer agrees that there shall be no outdoor
amplified music at the Project between the hours 11:00 p.m. to 7:00 a.m. on Sunday through
Thursday, or between the hours of 12:00 a.m. to 7:00 a.m. on Friday and Saturday.
K. Multi -Modal Impact Fee. The Project shall be subject to the City's multi -modal impact fee
ordinance and shall pay any required impact fees at the time and in the manner prescribed
by the ordinance.
SECTION 7. Obligations of the City.
A. The City shall promptly process site and construction plan applications for the Property
that are consistent with the Comprehensive Plan, the Conceptual Site Plan, and the CDC.
B. The final effectiveness of the applications referenced in Section 7.(A.) are subject to:
i. The provisions of Chapters 163 and 166, Florida Statutes, as they may govern
such applications; and
ii. The expiration of any appeal periods or, if an appeal is filed, at the conclusion
of such appeal.
5
SECTION 8. Public Facilities to Service Development. Subject to the City's determination of
sufficient capacity, the following public facilities are presently available to service the Property
from the sources indicated below.
A. Potable water is available from the City. The Developer shall be responsible for all
necessary main extensions and applicable connection fees.
B. Sewer service is currently provided by the City. The Developer shall be responsible for all
necessary main extensions and applicable connection fees.
C. Fire protection is available from the City.
D. Drainage facilities for the Property will be provided by the Developer at the Developer's
sole expense.
Any and all improvements associated with the public facilities identified in this section shall be
completed prior to the issuance of any certificate of occupancy. Concurrency requirements that
were included in Article 4, Division 9 of the CDC have been repealed.
The Developer agrees to provide a cashier's check, a payment and performance bond, or letter of
credit in the amount of one hundred fifteen percent (115%) of the estimated costs of the public
facilities and services, to be deposited with the City to secure construction of any new public
facilities and services required to be constructed by this Agreement. Such construction shall be
completed prior to issuance of a certificate of occupancy for the Project.
SECTION 9. Required Local Government Approvals. The required local government
development approvals for development of the Property include, without limitation, the following:
A. Site plan approval(s) and associated utility licenses, access, and right-of-way utilization
permits;
B. Building permit(s); and
C. Certificate(s) of occupancy.
SECTION 10. Finding of Consistency. The City finds that development of the Property is
consistent with the terms of this Agreement and is consistent with the City's Comprehensive Plan
and the CDC.
SECTION 11. Remedies Upon Default by Developer. If the Developer fails to comply with the
provisions of this Agreement, as reasonably determined by the City Manager, then after thirty (30)
days written notice and opportunity to cure such a default, the City of Clearwater City Council
6
may, at a meeting noticed to Developer and provided in accordance with the CDC, elect to take
any or all of the following actions:
1. Administratively suspend any and all existing permits or development approvals and deny
issuance of any new permits or approvals until, the Developer has fulfilled its obligations;
2. In the event of a failure to meet or fulfill the requirements of Section 6.(A.), (B.), (C.), or
(I), terminate this Agreement in part or its entirety and revoke the Reserve Units granted
hereunder. Reserve Units revoked hereunder shall be returned to the Reserve for use by
future development projects;
3. Terminate this Agreement in part or its entirety;
4. Seek specific performance of the Developer's obligation in a court of competent
jurisdiction; or
5. Amend the Agreement to adjust the obligations of the Developer if such amendment does
not violate Florida law, the City's comprehensive plan, or the CDC.
SECTION 12. Other Terms and Conditions. During the Term of this Agreement, the City may
apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City
has held a public hearing and determined:
(a) They are not in conflict with the laws and policies governing this Agreement and do not
prevent development of the land uses, intensities, or densities in this Agreement;
(b) They are essential to the public health, safety, or welfare, and expressly state that they shall
apply to a development that is subject to a development agreement;
(c) They are specifically anticipated and provided for in this Agreement;
(d) The City demonstrates that substantial changes have occurred in pertinent conditions
existing at the time of approval of this Agreement; or
(e) This Agreement is based on substantially inaccurate information provided by the
Developer.
SECTION 13. Compliance with the Law. The failure of this Agreement to address any
particular permit, condition, term or restriction shall not relieve the Developer from the necessity
of complying with the law governing such permitting requirements, conditions, terms or
restrictions.
7
SECTION 14. Notices. All notices and communications required or desired to be given under
this Agreement shall be given to the Parties by hand delivery, by nationally recognized overnight
courier service such as Federal Express, or by certified mail, return receipt requested, addressed
as follows (copies as provided below shall be required for proper notice to be given):
If to Developer:
With a copy to:
AND
With a copy to:
If to City:
With a copy to:
MHG Palm Pavilion Hotel, LP
7 Old Roswell Street
Alpharetta, GA 300009
Attn: Erik Rowan
Erik.rowan@mckibbonplaces.com
HILL WARD & HENDERSON, P.A.
Attn: Katherine E. Cole, Esq.
600 Cleveland Street, Suite 800
Clearwater, Florida 33755
Sixth Flag Planted LLC
11201 Corporate Circle North, Suite 100
St. Petersburg, FL 33716
Attn: Greg Powers
MACFARLANE FERGUSON & MCMULLEN P.A.
Attn: Brian J. Aungst,'Jr., Esq.
625 Court Street, Suite 200
Clearwater, Florida 33756
CITY OF CLEARWATER
Attn: City Manager
P.O. Box 4748
Clearwater, Florida 33758
CITY OF CLEARWATER
Attn: City Attorney
P.O. Box 4748
Clearwater, Florida 33758
Properly addressed, postage prepaid, notices or communications shall be deemed delivered and
received on the day of hand delivery, the next business day after deposit with an overnight courier
service for next day delivery, or on the third (3rd) day following deposit in the United States mail,
certified mail, return receipt requested. The Parties may change the addresses set forth above
(including the addition of a mortgagee to receive copies of all notices), by notice in accordance
with this Section.
8
SECTION 15. Assignment by Developer.
A. During the Term of this Agreement, the Developer may only sell, convey, assign, or
otherwise dispose of any or all of its right, title, interest and obligations in and to the
Project, or any part thereof, with the prior written notice to the City, provided that such
party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance,
assignment or other disposition by the Developer to the assignee, shall be bound by the
terms of this Agreement the same as the Developer for such part of the Project as is
subject to such sale, conveyance, assignment or other disposition.
B. If the assignee of the Developer's right, title, interest and obligations in and to the
Project, or any part thereof assumes all of the Developer's obligations hereunder for
the Project, or that part subject to such sale, conveyance, assignment or other
disposition, then the Developer shall be released from all such obligations hereunder
which have been so assumed by the assignee, and the City agrees to execute an
instrument evidencing such release, which shall be in recordable form.
SECTION 16. Successors and Assigns. The terms herein contained shall bind and inure to the
benefit of the City, and its successors and assigns, and the Developer, their personal
representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically
provided herein.
SECTION 17. Minor Non -Compliance. The Developer will not be deemed to. have failed to
comply with the terms of this Agreement in the event such noncompliance, in the judgment of the
City of Clearwater City Manager or their designee is of a minor or inconsequential nature.
SECTION 18. Covenant of Cooperation. The Parties shall cooperate with and deal with each
other in good faith and assist each other in the performance of the provisions of this Agreement
and in achieving the completion of development of the Property.
SECTION 19. Approvals. Whenever an approval or consent is required under or contemplated
by this Agreement such approval or consent shall not be unreasonably withheld, delayed or
conditioned. All such approvals and consents shall be requested and granted in writing.
SECTION 20. Completion of Agreement. Upon the completion of performance of this
Agreement or its revocation or termination, a statement evidencing such completion, revocation,
or termination shall be signed by the Parties and recorded in the official records of the City.
SECTION 21. Entire Agreement. This Agreement (including any and all exhibits attached hereto
all of which are a part of this Agreement to the same extent as if such exhibits were set forth in full
in the body of this Agreement), constitutes the entire agreement between the Parties hereto
pertaining to the subject matter hereof.
9
SECTION 22. Construction. The titles, captions and section numbers in this Agreement are
inserted for convenient reference only and do not define or limit the scope or intent and should not
be used in the interpretation of any section, subsection or provision of this Agreement. Whenever
the context requires or permits, the singular shall include the plural, and plural shall include the
singular and any reference in this Agreement to the Developer includes the Developer's successors
or assigns. This Agreement was the production of negotiations between representatives for the City
and the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon draftsmanship.
If any term or provision of this Agreement is susceptible to more than one interpretation, one or
more of which render it valid and enforceable, and one or more of which would render it invalid
or unenforceable, such term or provision shall be construed in a manner that would render it valid
and enforceable.
SECTION 23. Partial Invalidity. If any term or provision of this Agreement or the application
thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this
Agreement, including any valid portion of the invalid term or provision and the application of such
invalid term or provision to circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby and shall with the remainder of this Agreement
continue unmodified and in full force and effect. Notwithstanding the foregoing, if such
responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits
sought to be received hereunder are frustrated, such party shall have the right to terminate this
Agreement upon fifteen (15) days written notice to the other party.
SECTION 24. Code Amendments. Subsequently adopted ordinances and codes of the City
which are of general application not governing the development of land shall be applicable to the
Property, and such modifications are specifically anticipated in this Agreement.
SECTION 25. Governing Law and Venue. This Agreement shall be governed by, and construed
in accordance with the laws of the State of Florida. The exclusive venue for any proceeding or
suit in law or equity arising from or relating to this Agreement will be in Pinellas County, Florida.
SECTION 26. Counterparts. This Agreement may be executed in counterparts, all of which
together shall continue one and the same instrument.
SECTION 27. Amendment. This Agreement may be amended by mutual written consent of the
City and the Developer so long as the amendment meets the requirements of the Act, the CDC, the
City's comprehensive plan, any other applicable City ordinances, and Florida law.
[ Signature Page(s) to Follow]
[ Rest of Page Intentionally Left Blank]
10
IN WITNESS WHEREOF, the Parties have hereto executed this Agreement the date and
year first above written.
(DEVELOPER 1 SIGNATURE PAGE)
In the Presence
Address: 53/S 731r 40
‘tekM4 a_ FC_ 33‘07
Print Name: 3c ty' rI {r(111'P.t )
Address: 5315 /vlon 'n x k Or. (70
ctrvyvv ri 33Go7
"WITNESSSES AS TO THE DEVELOPER"
STATE OF FLORIDA )
COUNTY OF PINELLAS )
MHG Palm Pavilion LP,
a Florida imitedartnership.
P ' �ickfe W'ei(/ 14
By:
e.
--
Title: V /'cr Pres/6447(
Date: 5/5/ 2o2,'
This Agreement was acknowledged before by means of '"
online notarization me this 5- day of I
„j6111-1 �VIC\ (( 'i . L , on behalf of th
3
physical presence or
, 2026, by
ntity. He is ✓ personally
known to me or has produced
DYAN SWANN
(I,pV PV9 4
c0;Notary Public -State of Florida
Commission # HH 600018
My Commission Expires
� October 03, 2028
11
as identification.
NOTARY P LIC
Print Name: Cori S�i�'n1
My Commissio xpires: 1 b • 3.2,67S
(DEVELOPER 2 SIGNATURE PAGE)
In the Presence of:
c14/1
Print Name: to c. /kre �i� etietr-
Address: 3 F%a (,'JCA ac » c r
alsvit k4 144.171
Prin• ame: /f/1fee "Pe
Addr s: _JAL 0 wy ona u f s
&' C Y- ivC�.✓4-71 Q� i'�- 757.;
"WITNESSSES AS TO THE DEVELOPED"
STATE OF FLORIDA
COUNTY OF PINELLAS
Sixth Flag Planted, LLC,
a Florida 1;;= ed liability company.
By:
Title:
Date:
This Agreement was acknowledged before by means of physical presence or
online notarization me this ',a_ day of 2026, by
114t6 ---M , on behalf of the tity. He is X personally
known to or has produced as ide tificatio
Ni
a.
Print
o�"�P���, KATHRYN A. BALLINA
=`er ��� Notary Public -State of Florida
=* ' Commission # HH 464169
r '� T' My Commission Expires
' ,,,, ,`� December 03, 2027
12
My Commissio _ p es:
in0.
3,Aotr
Countersigned:
Bruce Recto
Mor
Dateay: e(2'5 49
(CITY SIGNATURE PAGE)
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Date:
J nifei/Poi"rrier
City ana r
Approved as to form: ., est:
Matthew J. Mytych, sq. Rosemarie Call
Assistant City Attorney City Clerk., � � �
Date: 8/) (/a6 Date:
13
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Units 1 and 2 of the Palm Pavilion Land Condominium, a Condominium, according to the Declaration
of Condominium and all exhibits attached thereto, recorded in OR Book 23434, Page 47 within the
Public Records of Pinellas County, Florida.
Which was formerly:
LEGAL DESCRIPTION:
UNIT 1:
LOTS 1, 2, 3, 4 AND 15, LESS THE EAST 40.00 FEET OF
LOTS 4 AND 15, BLOCK 8, REVISED MAP OF CLEARWATER
BEACH, ACCORDING TO THE MAP OR PLAT THEREOF AS
RECORDED IN PLAT BOOK 11, PAGE 5, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
UNIT 2:
ALL OF LOTS 5, 6, 7, 13, 14 AND THE EAST 40.00 FEET
OF LOTS 4 AND 15, BLOCK 8, REVISED MAP OF
CLEARWATER BEACH, A/K/A CLEARWATER BEACH REVISED
SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN PLAT BOOK 11, PAGE 5, PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA.
14
22154106v1
EXHIBIT "B"
Conceptual Site Plan
See attached.
15
PALM PAVILION HOTEL
108,18 Bay EsplanadeClearwater, Florida
001
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OD
00
00
00
00
00
00
00
00
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I ll 11
Il l,l E l l it l l I DO hiTiiiiiial•-DO
loiLol'offniono1 n0 000 10001"00010ul II p_p C
1000i0001 i0ool 00 ;anti[Y01 000' Oo li p_p
loon) 0001 Toon] oD non loon] 000ooi T Mff-
iiiiil��liiilliiil1—
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=■ fa "11 ff, ,.. oleoI��
ARCHITECT
BEHAR PETERANECZ, INC
OWNER
MHG Palm Pavillon Hotel, LP
2430 Terminal Drive S.
St. Petersburg FL 33712
Istvan Peteranecz
Istvan@architecturebp.com
Hotel
7 Old Roswell Sl
Alpharetta, GA 30009
Erik Rowen
erik.rowen@mckibbonplaces.com
BUILDING TABULATIONS
Excluded from GFA(Gross Floor Area) - SF
Included In GFA(Gross Floe Area)• SF
Hotel
Accessory Use
Combined
UNIT COUNT
14056 - -
,48019
Parking E
I
.(
Parting
Count
Stair Lobby61 BON 1 Elevator '
088141ors l Iotsb) 1I
j )1
Interior 5
Guest I Admin I aage
Roan Ale. 1 it
1'
11.5531 -I -
kneed)/
-
*Existing
Palm
P55005
•
Tmal '-
14,365
14,385
14.385
14.365
14,650
102
192
192
14,076
HOTEL
31
31
31
31
20
-
-
,j
1,892 705 2161
10re18
-
-
1,692
705 2151 11553 -1-
-
1eve17
-
-
-
1 2
8
1.892
705 215 11,5531 -
705 2161 11,5531 -1 -
-
-
1x216
-
Levels
-
-
1.111
1.781 1317) 7,113.1 1788 f -
192 -1•
102 - -1 .1
1,480
-
-
-
Level Lara8)
20.888
45
•
•
-
-
-
Level 3 (Garage)
20.888
48
-
Level 2(Garage)
20.888
46
-
192 - -1 -1 -
-
-
Level 1(Garaga)
18.735
38
497 -1 -1 4190
9389
7oulArea (Does not Count;
79.399 173
8.739+
3.6741 2.]771 53.3251 1 4.190
1.480
9,389
84.974
344
I Nd lrctuded
In GFA
173 Parking Required
j Total Hotel 1 74,106
T014188eessory 10,869
AcceesoryPorcantoge '17%
Lot Area -
Untt 1 (Palm Pavillonloq
Unit 2 (Proposed Site)
ACRES SF
OA 17551
0.68 29705
SF Areo•Acceasary CAROM..
( Information taken Som Ste ScIv.y)
Accessory
•EdtlingP3Ni8on
Level BArsrenlry
mess
Percentage of total GSF(Clp38915q_
11.05%
1.74%
Total
3.09 48168
9.389
i--
3A80
FAR 1.84
10SF1L05Aree)
••ToulAceessory Areal 10,889
12.7994
• Area taken bore 2019 Development order
44 Ha8Ares allowed ler ArresseNUse 4 15 %GSF
LOCATION MAP ®•aae
•. :, f; p�.1. .e , i• f 4y.
.i, ,-- i r. "-s"l .seg !••:"
II STREET L' ' • ,jy
sl 1 , KENDALL STTRr
-FF,S=:.:32.:
1.4
V.
i,
AY AVENUE
f1?
y
PALM
PAVIUON -, -•
�I
HOTEL -..
•�
1r
1 9 ..::.1—^ -
7
r
}j
DRAWING INDEX
A1_0 - COVER SHEET
A1_1 - LEVEL 1 PLAN -PARKING
A1_2 - LEVEL 2 & 3 PLAN -PARKING
A1_3 - LEVEL4 PLAN -PARKING
A1_4 - LEVEL 5 PLAN -HOTEL LOBBY,AMENITY & GUEST SURES
A1_5 - LEVEL 6-9 PLAN- GUEST LEVEL
A5_0 - NORTH ELEVATIONS AND CALCULATIONS
A5_1 - SOUTH ELEVATIONS AND CALCULATIONS
A5_2 - EAST ELEVATIONS AND CALCULATIONS
A.6_3 - WEST ELEVATIONS CALCULATIONS
A5-4 - MASSING STUDIES
SITE DATA
ZONING DISTRICT:
FUTURE LAND USE PLAN DESIGNATION:
EXISTING USE:
PROPOSED USE:
Tourist
RFH
Re6Osumi end Halal
Hotel wire 086181 re509d 6m
SITE AREA: 46.266 04.0. 8.06 41615
GROSS FLOOR AREA (•p9o4male Kama lool•ges): DENSITY (moms per acre):
Hotel Use: 74,106 s9. ft. Erving: 301k89-29 DUTAtte
Accessory Uses: loo918.3B9want. 5480) sq. ft. Proposed: 544 Mop - 544 DOAue
Total: 64.974@51 Palm am Hotel) sq. 85. Maximum Permitted: 145 uae. I44010A4,
BUIIDBHL COVERAGE/FOOTPRINT (1 -Bon square footage of 1I16286.8.):
Existing: 18.081 sq. R. ( 40 %of x00)
Proposed: 33.484 sq.Tt. ( 73 %alit.)
Maximum Permitted: NIA sq. f. ( NA 16 of site)
IMPERVIOUS SURFACE RATIO haul 03u48footage ofa petmou0 sera Medea be the total denteleouge of entre 14411
Edson& 0.90 (42,080 Si)
Proposed: 0.81 (37,382 SF)
M4nmum Permitted: 0.95 (43,944 SF)
OFF-STREET PARKING
hls0901 32
Proposed: 173
Minimum Required: 173
BUILDING HEIGHT:
Entine: Approximately 35 FT - 3 stones
Proposed: 75 FT Above DFE I EL ,14.2 R. 24 Inch.)
Maximum Pemetted- 75 FTAbove 095 ( EL +14.2 ft.241.501.)
26.,10'
1421 I7TH APRIL 2026
COVER PAGE
A0_0
18 1/2'
4) CAP
6
)
18,8"
24'-0"
179,8"
38-9" 12,4" 313-9"
le_A.0, UFA{ FACADE OREM
19,0' 18,8"
5,17
r ')iii SIDEWALK \
Fv:
\ — _ 106.0 8 'NI )
5676T - — -7f 50 -i -W--- 1,
i? .10.0" FRONT SETBACK /LANDSCAPE BUFFER
0--N-
-9 — —, "5%0" ADDITIONAL SET BACK FOR 10%0 REDUCED STEPBACK
-, ‘ 'a—N....N. 'I 0%0" STEPBACK REDUCED FROM 20%0 REDUCED
BY ADDITIONAL 5-0" SETBACK
—,.
.._20%0" REQUIRED STEPBACK
—
NOTE
10,0" FRONT SET BACK REQUIRED, 140588 5-0 ALLOWED REDUCTION .
INCREASE OF SET BACK BY FURTHER 10-0' ALLOWS 0 STEP BACK.
62
PALM PAVILION
(9,389 SF)
EXISTING TO REMAIN
9
2/F-13.'
•
RESTAURAN
WRY
I
I
5-0" - SIDE SET BACK 1
93-6'
ALLOWED REDUCTION ON .1%18 BUM
10-0' REQUIRED SET BACK BEING REQUESTED)
1
6
L - - - - PEDISTRIAN ACCESS
129,6"
; II
"BUILDING STEPBACK CAN BE DECREASED AT A RATE OF TWO pj FEET 11'
STEPBACK PER ONE ) FOOT N ADDITIONAL REQUIRED SETBACK, IF
DESIRED. REFER TO FLEXIBILITY OF SETBACKS/STEPBAC KS FOR BUILDING 14;
EXCESS 09 35 FEET IN HEIGHT 46(2'. AT 20FT SETBACK 10-0 SETBACK
INCREASE REQUIRED
1111 I LU I 15
5%0" - REAR SET BACK
0'
5,ALLOWED REDUCTION ON
E.0 10,3' REQUIRED SET BACK BEING REQUESTED)
5%0" - SIDE SET BACK
' I
•
( 5,0" ALLOWED REDUCTION ON
10,0- REQUIRED SET BACK BEING REQUESTED'
13-4" -REQUIRED FRONT STEPBACK
AT 40 FT ADDITIONAL HEIGHT 10 )14140 OUT AT 75 FT BU LDING
HEIGHT. FOR BAY ESPLANADE SIDE WITH A 81' R/W, REQUIRED STEP
BACK RATIO OF 1 FT EVERY 3FT IN BUILDING HEIGHT, FOR R/W
GREATER THAN 66'
STEP BACK REQUIRED WOULD BE 13-4'
10%0" LANDSCAPE BUFFER
10-0"- FRONT SET BACK
( 5-0" ALLOW ED REDUCTION ON
13-0' REQUIRED FRONT SET BACK BEING REQUESTED)
5'-0" - SIDE SET BACK
( 5,0" ALLOW ED REDUCTION ON
10,0" REQUIRED SET BACK BEING
REQUESTED]
LOR LEGEND
Lil ACCESSORY USES
TOTAL SELF PARKING SPOTS -
TOTAL FLOOR AREA -
OLEVEL 1 PLAN- GROUND LEVEL
36 UNITS
21,925 SF
es 1 6066.. 16.:1:61+6.1.W
• LOR.
69".9176.0n71,11G
26.00'
ISSLIE OATE
ITHAPRIL 2026
OR•611.10 TITLC
PROPOSED
LEVEL 1 PLAN
WILE, WWI.
Al_1
APPUCATO.
179'-8"
5'-0" 18'-8"
9•.
38,9"
12,4"
-
•
L
-SIDE SET BACK
( 5-0° ALLOWED REDUCTION ON
10'-0" REQUIRED SET BACK BEING REQUESTED)
FACADE
19'. " 18'-8" i
S'-0'
—
II
T �t7AMP
0% — Cl2%SLOPE)
I -
•10'-0° FRONT SETBACK /LANDSCAPE BUFFER
- '• 45'-0° ADDITIONAL SET BACK FOR 10'-0" REDUCED STEPBACK
••10'-0" STEPBACK REDUCED FROM 20'-0" REDUCED
BY ADDITIONAL 5'-0" SETBACK
REQUIRED STEPBACK
LJ
NOTE
•10'-0° FRONT SET BACK REQUIRED. AFTER 5,5 ALLOWED REDUCTION.
INCREASE OF SET BACK BY FURTHER 10'-0" ALLOWS 0' STEP BACK.
"'BUILDING STEPBACK CAN BE DECREASED AT A RATE OF TWO (2) FEET IN
STEPBACK PER ONE (1) F00119 ADDITIONAL REQUIRED SETBACK, IF
DESIRED. REFER 10 FLEXIBILITY OF SETBACKS/STEPBACKS FOR BUILDING IN
EXCESS OF 35 FEET IN HEIGHT 4 B(2). AT 20FT SETBACK 10'-0" SETBACK
INCREASE REQUIRED
5'-0" - REAR SET BACK
(S'-0' ALLOWED REDUCTION ON
- 10,0' REQUIRED SET BACK BEING REQUESTED)
L_ 5'-0" • SIDE SET BACK
( 5'-0" ALLOWED REDUCTION ON
10'-0" REQUIRED SET BACK BEING REQUESTED)
SERVICES
0.40f NW
93' 6"
fKADE MAX
13'-4" -REQUIRED FRONT STEPBACK
AT 40 FT ADDITIONAL HEIGHT TO MAX OUT AT 75 FT BUILDING
HEIGHT. FOR BAY ESPLANADE SIDE WITH A 81' R/W. REQUIRED STEF
BACK RATIO OF 1 FT EVERY 3FT IN BUILDING HEIGHT, FOR R/W
GREATER THAN 66'
STEP BACK REQUIRED WOULD BE 13'-4"
10'-0" LANDSCAPE BUFFER
10'-0"- FRONT SET BACK
( 5,5 ALLOWED REDUCTION ON
15'-0" REQUIRED FRONT SET BACK BEING REQUESTED)
L 5'•0" - SIDE SET BACK
( 5'-0" ALLOWED REDUCTION ON
10,5 REQUIRED SET BACK BEING
REQUESTED)
TOTAL SELF PARKING SPOTS -
TOTAL FLOOR AREA -
OLEVEL 2 & 3 - PARKING PLAN
I"= 30
46 UNITS
21,925 SF
1
ISSuL001.210 LOG
NIZJILT 10
26.001
17TH APRIL 2026
PROPOSED
LEVEL 283
PARKING PLAN
WEE, DOMBER
Al_2
COITION
179' 8°
5'-0" 18'-8"
24'-0"
17'-9" 18'-8" •
to
2440'
SERVICES
ELEV.
LOBBY
IS
/L J L
/11 )i
—§ 1
rte---a-I
�- L •�,p,
S-0" - SIDE SET BACK
( 5'-0" ALLOWED REDUCTION ON
10-0' REQUIRED SET BACK BEING REQUESTED]
L
5'0" 1, , 18'-0°
J
•10'•0" FRONT SETBACK /LANDSCAPE BUFFER
2— "5'-0" ADDITIONAL SET BACK FOR 10'-0" REDUCED STEPBACK
�
\"10'10'-0" STEPBACK REDUCED FROM 20'-0" REDUCED
-0"
BY ADDITIONAL 5'-0" SETBACK
X20'-0" REQUIRED STEPBACK
NOTE
•10'40' FRONT SET BACK REQUIRED, AFTER 5'-0' ALLOWED REDUCTION.
INCREASE OF SET BACK 8Y FURTHER 10,0' ALLOWS 0' STEP BACK.
"'BUILDING STEPBACK CAN BE DECREASED AT A RATE OF TWO (2) FEET IN
STEPBACK PER ONE (1) FOOT IN ADDIRONAL REQUIRED SETBACK. IF
DESIRED. REFER TO FLEXIBILITY OFSETBACKS/STEPBACKS FOR BUILDING IN
EXCESS OF 35 FEET IN HEIGHT 4 13)2). AT 20FT SETBACK 10'-0" SETBACK
INCREASE REQUIRED
5'-0" • REAR SET BACK
93'-6" „ 18'-0" � 5'-0"
( 5,0" ALLOWED REDUCTION ON
10'-0" REQUIRED SET BACK BENG REQUESTED]
5'-0° - SIDE SET BACK
(5'-0" ALLOWED REDUCTION ON
10'-0" REQUIRED SET BACK BEING REQUESTED]
13'-4" -REQUIRED FRONT STEPBACK
AT 40 FT ADDITIONAL HEIGHT TO MAX OUT AT 75 FT BUILDING
HEIGHT. FOR BAY ESPLANADE SIDE WITH A 81' R/W, REQUIRED STEP
BACK RATIO OF 1 FT EVERY 3FT IN BUILDING HEIGHT, FOR R/W
GREATER THAN 66'
STEP BACK REQUIRED WOULD BE 13'-4"
10'-0" LANDSCAPE BUFFER
IO -0" -FRONT SET BACK
15-0" ALLOWED REDUCTION ON
15,0" REQUIRED FRONT SET BACK BENG REQUESTED)
L 5'-0" - SIDE SET BACK
( S' -O" ALLOWED REDUCTION 01,
100" REQUIRED SET BACK BEING
REQUESTED)
TOTAL SELF PARKING SPOTS -
TOTAL FLOOR AREA -
OLEVEL 4 PLAN - PARKING
1
45 UMTS
21,9250F
1
26.00'
ISSUE 171H APRIL 2026
PROPOSED
LEVEL 4
PARKING PLAN
fiCEI NU/18(R
Al _3
5-0" - SIDE SET BACK
59
R
176-8'
12'
38'-8"
Dior=ii_r liEiaincnTi IEI -El
ee QWrWW
EkF
-" 1 fl1NES5
505 SF
a
§_{ 90'-0" FRONT SETBACK /LANDSCAPE BUFFER
••5'•0" ADDITIONAL SET BACK FOR 10'-0" REDUCED STEPBACK
•
r 4—�
••10'-0" STEPBACK REDUCED FROM 20'-0" REDUCED
b . BY ADDITIONAL 5'-0" SETBACK
X20'-0" REQUIRED STEPBACK
HOTEL LOBBY,
AMENITY
L_
POOL
DECK
BREAKFAST'
975 SF
2-0 // E-0"59'-0"
/ 12' 2" / 77'-8"
( 5,0" ALLOWED REDUCTION ON
10'-0" REQUIRED SET BACK BEING REQUESTED)
NOTE
'10'-0" FRONT SET BACK REQUIRED, AFTER 5'-0- ALLOWED REDUCTION.
INCREASE OF SET BACK BY FURTHER 10,0" ALLOWS 0' STEP BACK.
'BUILDING STEPBACK CAN BE DECREASED AT A RATE OF TWO (2) FEET IN
STEPBACK PER ONE (1) FOOT IN ADDITIONAL REQUIRED SETBACK, IF
DESIRED. REFER TO FLEXIBILITY OF SETBACKS/STEPBACKS FOR BUILDING IN
EXCESS OF 35 FEET IN HEIGHT 4 B(2). AT 20FT SETBACK 10-0' SETBACK
INCREASE REQUIRED
5'-0" - REAR SET BACK
( 5'-0" ALLOWED REDUCTION ON
10'-0" REQUIRED SET BACK BEING REQUESTED]
S'-0" - SIDE SET BACK
(5'-0" ALLOWED REDUCTION ON
10'-0' REQUIRED SET BACK BEING REQUESTED]
13'•4"•REQUIRED FRONT STEPBACK
AT 40 FT ADDITIONAL HEIGHT TO MAX OUT AT 75 FT BUILDING
HEIGHT. FOR BAY ESPLANADE SIDE WITH A 81' R/W. REQUIRED S1EF
BACK RATIO OF 1 FT EVERY 3FT IN BUILDING HEIGHT, FOR R/W
GREATER THAN 66'
STEP BACK REQUIRED WOULD BE 13'-4'
10'4" LANDSCAPE BUFFER
10'-0"- FRONT SET BACK
( 5,0" ALLOWED REDUCTION ON
15-0" REQUIRED FRONT SET BACK BEING REQUESTED)
5'-0" - SIDE SET BACK
( 5,0' ALLOWED REDUCTION ON
100' REQUIRED SET BACK BENG
REQUESTED)
COLOR LEGEND
❑ ACCESSORY USES
TOTAL UNITS -
CONDITIONED FLOOR AREA -
20 UNITS
14.653 SF
CONDITIONED FLOOR AREA EXCLUDES ALL STAIRS, ELEVATOR SHAFTS, AND BALCONIES
OLEVEL 5 PLAN- HOTEL & GUEST UNITS
s�-
OMANI I. PET LUMP,
PROJECT NO
26A
1S -SLE OAIL
17TH APRIL 2026
ORAI.903 TILE
PROPOSED
LEVEL 5
PLAN
Al_4
a
176'-8"
76 -IO"
f
17-6'
38'-2' 5'-O
QQS'.
alardES ME: :rola. ME -
,
T -?i '.,.-;-1 n,I .. !,[..-71, -C' 4-7.7.--, 1,-
QQ -QQ QQj,-K QQ 00 00 QQ„QQ�LQQ,
it [ f 1 ®( L: -i - Ll [14 ),
krnc .`--,% -°-.-e n n -c°.- ...1,-1 %-t-1:17 %tr, ' `-rf2 rcr..
-. 005 LL. vf'i
u+>
KS
' ADA
fn
ELEV.
LOBBY
POOL
DECK
I BELOW
-1` S -
QQS
S'-0”
59'-0" 18'-8"
12'-7 77'
f
5'-0°
5'-0" - SIDE SET BACK I I 5'-0" - SIDE SET BACK
=1 ¢ •10'-0" FRONT SETBACK /LANDSCAPE BUFFER
F - - "5'-0" ADDITIONAL SET BACK FOR 10'-0" REDUCED STEPBACK
10'-0" STEPBACK REDUCED FROM 20'-0" REDUCED
--o-1• -R BY ADDITIONAL 5'-0" SETBACK
• ` X20'-0" REQUIRED STEPBACK
3;
L
'P
FT
v b
NOTE
.10,0° FRONT SET BACK REQUIRED. AFTER 5'40" ALLOWED REDUCTION.
INCREASE OF SET BACK BY FURTHER 10'-0" ALLOWS 0' STEP BACK.
"BUILDING STEPBACK CAN BE DECREASED AT A RATE OF TWO (2) FEET IN
STEPBACK PER ONE )I) FOOT IN ADDITIONAL REQUIRED SETBACK, IF
DESIRED. REFER TO FLEXIBILITY OF SETBACKS/STEPBACKS FOR BUILDING IN
EXCESS OF 35 FEET IN HEIGHT 413(2). AT 20FT SETBACK 10'-0" SETBACK
INCREASE REQUIRED
5'-0" - REAR SET BACK
ALLOWED REDUCTION ON
10'-0" REQUIRED SET BACK BEING REQUESTED)
5'-0" - SIDE SET BACK
) 5'-0' ALLOWED REDUCTION ON
la—c" REQUIRED SET BACK BEING REQUESTED)
13'-4" -REQUIRED FRONT STEPBACK
AT 40 FT ADDITIONAL HEIGHT TO MAX OUT AT 75 FT BUILDING
HEIGHT. FOR BAY ESPLANADE SIDE WITH A 81' RAV. REQUIRED STEP
BACK RATIO OF I FT EVERY 3FT IN BUILDING HEIGHT, FOR R/W
GREATER THAN 66'
STEP BACK REQUIRED WOULD BE 13'-4"
10'-0" LANDSCAPE BUFFER
10'-0"- FRONT SET BACK
(5'-0" ALLOWED REDUCTION ON
IS' -0" REQUIRED FRONT SET BACK BEING REQUESTED)
( 5'-0' ALLOWED REDUCTION ON
10'1" REQUIRED SET BACK BENG REQUESTED)
(5'-0" ALLOWED REDUCTION ON
10'-0" REQUIRED SET BACK BEING
REQUESTED)
TOTAL UNITS- 31 UNITS
CONDITIONED FLOOR AREA- 14,365 SF
' CONDITIONED FLOOR AREA EXCLUDES ALL STAIRS, ELEVATOR SHAFTS, AND BALCONIES
OLEVELS 6-9 PLANS (GUEST FLOOR)
I-=30
BIVAIIL PETER/Jae,
1-, N
O
C
0
ow.
o
54
0
P. a
.G w
a a,
Qo
PPSULGT
26.001
,."U" ome
17TH APRIL 2026
°RAMC TIT.
PROPOSED
LEVEL 6-9
PLAN
IkEEIMAIBLA
Al_5
MAX HEIGHT
+32,-0.
4 35•-0' REQUIRED - — -
-4- BUILDING STEPBACK
DFE (E1+16.2)
BFE (EL+14.2)
• GRADE (EL+4'-0')
N
11 I ilia
I al11IIri' nay Da' a6�janalja�aijaaat �� J ann���,ana�jaaall
MECH
OVERRUN HEIGHT
+102'-7
TOP OF 87SLAB'-7
--
LEVEL08
+68'-6'
Nva&
rung
OF7U3
19
C].)LI
P-4UH
Cid g
cv
F+I Q?�
LEVEL 01
0'-0'
SEA LEVEL (EL+O'-0'1
MAX HEIGHT
+37-0'
TRASH
GARAGE ENTRY
II'WI
ACCESS
PALM PAVILION
NORTHERN ELEVATION
MECH
OVERRUN HEIGHT
102'-2"
BFE (EL+14.21
GRADE (EL+4'-01
TOTAL FACADE AREA
LEGEND
GLAZING
DECORATIVE ELEMENTS
OPENINGS
TOTAL DECORATIVE FACADE AREA
16450 SF
AREA PERCENTAGE
3,859 SF 24 %
5,035 SF 30%
1,160SF 8%
10,054 SF 110, 054 /16 ,4501 - 62%
TOP OF SLAB e
+87-7
LEVEL09
7T -ID
LEVEL08
613'6'
LEVEL 07
59'-7
LEVEL 06
+49-10'
LEVELER
+38-4 *
LEVEL04 41,
25'-4"
LEVEL 03
+17.4•
— LEVELO2
— +9'-4"
LEVEL 01 cis
ONORTHERN ELEVATION CALCULATIONS
r=30
PROJECT NO
26.00'
ISSUE VATE
17TH APRLL2026
NORTH
LEVATION
r�
A5_0
MAX HEIGHT
+32'-0'
Ten 35.0' REQUIRED
-'r BUILDING STEPBACK
4
•
DFE JEL+I621
BFE JEL+14.2'J
GRADE (EL+4'.0i
SEA LEVEL JEL+0'-D'J
MAX HEIGHT
4
+32,0'
35'-0' REQUIRED
4
A
BUILDING STEPBACK
DFE JEL+162J
BFE JEL+14.2J
GRADE JEL+4'-0'J
SEA LEVEL TEL+0'-01
I
L�
L 1I
pp p �,: o no 00
��)oo 0o on
—1 IL
��- ' 10IOU 00 DO
pp O o: +oo 00 00
000 a T96 : ® as as o0
= = = ';
I
PALM PAVILION
GARAGE ENTRY PEDESIRAN
ACCESS
6141
ACCESS
OESS
MECH
OVERRUN HEIGHT
102-2'
TOP OF SLAB
B7-2'
LEVEL 09 0
+77'-10'
LEVEL 08 4
----
59'-2'
LEVEL 06 0
69'-10'
LEVEL 05 a,
+38'-4'
LEVEL 04
25'-4'
LEVEL03
+17-4'
LEVEL02
+ 9,�. e
LEVEL 01
+ 00' Q
°SOUTHERN ELEVATION
2
S
MECH
OVERRUN HEIGHT
+102'2'
L2
L2
LEVEL 05
+38'-4'
LEVEL 04
+25'-4• 0
TOTAL FACADE AREA
LEGEND
GLAZING
DECORATIVE ELEMENTS
OPENINGS
TOTAL DECORATIVE FACADE AREA
16200 SF
AREA PERCENTAGE
1,765 SF 11%
7,340 SF 46%
1,750 SF 11%
10,855 SF (10, 866/16,200) 68%
LEVEL 01
0-0'
°SOUTHERN ELEVATION CALCULATIONS
I =3v
PROALT
26.001
WM. Wile
17 TH APRIL 2026
SOUTH
ELEVATION
611.11 PANZER
A5_1
MAIL HEIGHT
+37-0'
} 35'-0' REQUIRED
F'
BUILDING STEPBACK
DFE TEL+16.7)
BFE (EL+14.7)
GRADE EL 4,0
SEA LEVEL (EL+047')
00
110
1110
00
00
00
00
00
00
MECH
OVERRUN HEIGHT
+102'-7
TOP OFAB6
87SL-7
LEVEL09
n'-10"
LEVEL OB
+6B-6"
LEVEL 07 e
59-7
LEVEL 06
49'-10'
LEVEL 05 e
38'-4°
LEVEL04
25'4°
LEVEL 03
+17'-4°
LEVEL 02
- +9'-4'
°EASTERN ELEVATION
LEVEL 01 d,
4
4
m
ti
MECH
OVERRUN HEIGHT
+102'-7
MAX HEIGHT
+37-0'
} 35'-0' REQUIRED
BUILDING STEPBACK
DFE TEL+16.2)
TOP OF SLAB
+87'-7
LEVEL 09
+77,-10' 4
LEVEL OB
+68'-6'
LEVEL 07
+59'-7
LEVEL 06
69'-1P
LEVEL05
+3E1,4°
LEVEL 04
+25' 4'
LEVEL02 v
— r9''
y
LEVEL 01
SEA LEVEL (EL+0'4T)
TOTAL FACADE AREA
LEGEND
GLAZING
DECORATIVE ELEMENTS
OPENINGS
TOTAL DECORATIVE FACADE AREA
13,270 SF
AREA PERCENTAGE
2,150 SF 16%
5,345 SF 40%
1,697 SF 13%
9 192 SF (9,192 866/13,270) = 69%
U
17
4
,s-14
FLORIDA
PROJECT 10
ISSUE 041E
+0-0' 17 TH APRIL 2026
° EASTERN ELEVATION CALCULATIONS
ORAI/1110 'ME
EAST
ELEVATION
A5_3
!OW AWSLCA1214
MAK HEIGHT
+32-0'
'N- 35'-0' REQUIRED
BUILDING STEPBACK
DFE (EL+1621
BFE (EL+14.71
GRADE (EL+4'-0'J
�roo�laaa;laitioallioolloatoaillaoolll000llloal
lfaogloooilno0'l000llQaagaa,ll000llloaolll000llQool
Doi ootapoluitovoaim norm"
Puoh'oolna.o'aooalgooilooII1000lloaollaamlloaLij
�6 ���lluoo �o� 06 00110o�oluaoulu000lllool�i�
II®I ®LI®IJ®LFIII®lel..0 Lu II
LI I
PIM FIs■ 9e9 � �_ l sy��� =c ipp �a� ��
l'ar11t1 (:11 IS% ■'H'1•ll' 11l 1f,l '6 Vl''H L31
SEA LEVEL (EL+0'-01
MAX HEIGHT
MECH
OVERRUN HEIGHT
107-2°
TOP OF GAB
+B7-2°
LEVEL 09
+77-10'
LEVEL 08 0
68'4"
LEVEL 07 e
+59,-2'
A
06 a
+49'-10' L9
LEVEL
LEVEL 05
+38'4'
LEVEL 04
25'4'
LEVEL 03
17-4'
LEVEL02
- +9'4'
LEVEL 01
+0,-0"
\ \
+32'-0'
35'-0' REQUIRED
BUILDING STEPBACK
DFE (EL+162)
BFE (EL+14.2')
GRADE (EL+4' O'J
} SEA LEVEL (EL+O'-01
OWESTERN ELEVATION
2 1..=�.
MECH
OVERRUN HEIGHT
+ 107-2'
TOP OF SLAB
+ 8T-2'
LEVEL 09
+77-10'
LEVEL08
+ 68'-6'
LEVEL07
ti
4
S
+59,-2'
LEVEL 06
TOTAL FACADE AREA 13,500 SF
LEGEND AREA PERCENTAGE
GLAZING 3,485 SF 26%
DECORATIVE ELEMENTS 5,538 SF 40%
OPENINGS 1,160 SF 13%
TOTAL DECORATIVE FACADE AREA 10,183 SF (10,183/13,500] 79%
+ 49•-10. 0
LEVEL 05 e
38'4'
LEVEL 04
25'4' •
LEVEL 03
+174'
LEVEL02
LEVEL 01
+G-0'
4
OWESTERN ELEVATION CALCULATIONS
2610'
ISSUE CAM
17116 APRIL 2726
WEST
ELEVATION
A5_3
LOMON
AnYV
I0,
c
oZ
-z
A
D
N
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0
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PALM PAVILION HOTEL
10 Bay Esplanade, Clearwater, Florida
BeharPeteranecz
ARCHITECTURE I INTERIORS
200 TERMINAL OHNE SOUTH I ST. PETERSBURG. FLORIDA07112
(127)=MOO ARCHITECTUREBP.COY I ARUM 10519:
EXHIBIT "C"
MANDATORY EVACUATION/CLOSURE COVENANT
PLEASE RETURN RECORDED DOCUMENT TO:
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS (this "Declaration")
is made and entered into as of this day of , 2026, by MHG Palm
Pavilion Hotel, LP, a Florida limited partnership and Sixth Flag Planted, LLC, a Florida
limited liability company (collectively, the "Developer").
WHEREAS, the Developer is the fee simple owner of certain real property located at 10
Bay Esplanade and 18 Bay Esplanade, Clearwater, Florida 33767 more particularly described in
Schedule "1" attached hereto and made a part hereof (the "Property"); and
WHEREAS, the City of Clearwater, Florida (the "City"), has amended its comprehensive
plan to designate Clearwater Beach as a community redevelopment district pursuant to the Pinellas
County Planning Council rules in order to implement the provisions of Beach by Design, a plan
for the revitalization of Clearwater Beach; and
WHEREAS, the designation of Clearwater Beach as a community redevelopment district
(the "Designation") provides for the allocation of hotel density reserve units ("Reserve Units") as
an incentive for the development of quality hotels. Pursuant to the Designation, the allocation of
Reserve Units is subject to compliance with a series of performance standards, including a
requirement that hotels developed with Reserve Units shall be closed and all guests evacuated from
such hotels as soon as practicable after the National Hurricane Center posts a hurricane watch that
includes Clearwater Beach. The purpose of such evacuation is to ensure that such a hotel is
evacuated in advance of the period of time when a hurricane evacuation would be expected in
advance of the approach of hurricane force winds; and
WHEREAS, the City has granted, by City Council Resolution , passed and
approved on , 2026, the Developer's hotel density reserve development agreement
(the "Development Agreement") providing for the allocation of Reserve Units for the development
of a hotel project as provided for in the Development Agreement (the "Project") and pursuant to
the Designation, subject to the Developer's compliance with the requirements of the Designation.
Developer desires for itself, and its successors and assigns, as owner, to establish certain rights,
duties, obligations and responsibilities with respect to the use and operation of the Property in
accordance with the terms and conditions of the allocation of the Reserve Units by the City, the
16
Development Agreement, and the Designation, which rights, duties, obligations and
responsibilities shall be binding on any and all successors and assigns and will run with the title to
the Property.
NOW THEREFORE, in consideration of the covenants and restrictions herein set forth and
to be observed and performed, and in further consideration of the allocation of the Reserve Units
to the Developer, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of the
Developer, its successors and assigns, and the residents of the City and shall be enforceable
by Developer, its successors and assigns, and by the City for the benefit of its residents.
2. Definitions. As used herein, the terms "transient occupancy", "public lodging
establishment", "hotel", and "operator" shall have the meaning given to such terms in
Chapter 509, Part I, Florida Statutes.
3. Effective Date. This Declaration shall become effective upon issuance of all building
permits required to build the Project and Developer's commencement of construction of
the Project as evidenced by a Notice of Commencement for the Project. This Declaration
shall expire and terminate automatically if and when the allocation of Reserve Units to the
Developer expires or is terminated.
4. Covenant of Development, Use, and Operation. The Developer hereby covenants and
agrees to the development, use and operation of the Property in accordance with the
provisions of this Declaration. The use of the Project on the Property is restricted as
follows:
A. 144 units, 91 of which are Reserve Units, shall be used solely for transient
occupancy of one (1) month or thirty-one (31) consecutive days or less, must
be licensed as a public lodging establishment and classified as a hotel, and must
be operated by a single licensed operator. No unit shall be used as a primary or
permanent residence. Access to the units must be provided through a lobby and
internal corridor. A reservation system shall be required as an integral part of
the hotel component of the Project and there shall be a lobby/front desk area
that must be operated as a standard lobby/front desk area for a hotel would be
operated. All units shall be required to be submitted to a rental program
requiring the units to be available for members of the public as overnight hotel
guests on a transient basis at all times. No unit shall have a complete kitchen
facility as that term is used in the definition of "dwelling unit" in the City of
Clearwater Community Development Code (the "CDC"). Mini kitchens as
defined in Beach by Design are permitted. Developer shall make available for
inspection to authorized representatives of the City its books and records
17
pertaining to each unit upon reasonable notice to confirm compliance with these
regulations as allowed by general law. The Developer agrees to comply with
the Design Guidelines as set forth in Section VII of Beach by Design.
B. Closure of Improvements and Evacuation. The hotel component of the Project
developed on the Property shall be closed as soon as practicable upon the
issuance of a hurricane watch by the National Hurricane Center, which
hurricane watch includes Clearwater Beach. All Hotel guests, visitors, and
employees other than emergency and security personnel required to protect the
hotel component of the Project, shall be evacuated from the hotel as soon as
practicable following the issuance of said hurricane watch. In the event that the
National Hurricane Center shall modify the terminology employed to warn of
the approach of hurricane force winds, the closure and evacuation provisions of
this Declaration shall be governed by the level of warning employed by the
National Hurricane Center which precedes the issuance of a forecast of probable
landfall in order to ensure that the guests, visitors, and employees will be
evacuated in advance of the issuance of a forecast of probable landfall.
5. Governing Law and Venue. This Declaration shall be governed by and construed in
accordance with the laws of the State of Florida. The exclusive venue for any proceeding
or suit in law or equity arising from or relating to this Agreement will be in Pinellas County,
Florida.
6. Recording. This Declaration shall be recorded in Public Records of Pinellas County,
Florida.
7. Attorneys' Fees. The Developer shall reimburse the City for any expenses, including
reasonable attorneys' fees, which are incurred by the City in the event that the City
determines that it is necessary and appropriate to seek judicial enforcement of this
Declaration and the City obtains relief, whether by agreement of the parties or through
order of a court of competent jurisdiction.
8. Severability. If any provision, or part thereof, of this Declaration or the application of this
Declaration to any person or circumstance will be or is declared to any extent to be invalid
or unenforceable, the remainder of this Declaration, or the application of such provision or
portion thereof to any person or circumstance, shall not be affected thereby, and each and
every other provision of this Declaration shall be valid and enforceable to the fullest extent
permitted by law.
[ Signature Page(s) to Follow ]
[ Rest of Page Intentionally Left Blank]
18
IN WITNESS WHEREOF, the parties have hereto executed this Declaration on the date
and year first above written.
(DECLARATION—DEVELOPER 1 SIGNATURE PAGE)
In the Presence of: MHG Palm Pavilion LP,
a Florida limited partnership.
Print Name: By:
Address:
Title:
Date:
Print Name:
Address:
"WITNESSSES AS TO THE DEVELOPER"
STATE OF FLORIDA )
COUNTY OF PINELLAS )
This Agreement was acknowledged before by means of physical presence or
online notarization me this day of 2026, by
, on behalf of the entity. He is personally
known to me or has produced as identification.
NOTARY PUBLIC
Print Name:
My Commission Expires:
19
(DEVELOPER 2 SIGNATURE PAGE)
In the Presence of: Sixth Flag Planted LLC,
a Florida limited liability company.
Print Name:
Address:
Print Name:
Address:
"WITNESSSES AS TO THE DEVELOPER"
By:
Title:
Date:
STATE OF FLORIDA )
COUNTY OF PINELLAS )
This Agreement was acknowledged before by means of physical presence or
online notarization me this day of , 2026, by
, on behalf of the entity. He is personally
known to me or has produced as identification.
NOTARY PUBLIC
Print Name:
My Commission Expires:
20
(DECLARATION—CITY SIGNATURE PAGE)
Countersigned: CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Bruce Rector Jennifer Poirrier
Mayor City Manager
Date: Date:
Approved as to form: Attest:
Matthew J. Mytych, Esq. Rosemarie Call
Assistant City Attorney City Clerk
Date: Date:
SCHEDULE "1" TO DECLARATION
Legal Description
Units 1 and 2 of the Palm Pavilion Land Condominium, a Condominium, accordingto the Declaration
of Condominium and all exhibits attached thereto, recorded in OR Book 23434, Page 47 within the
Public Records of Pinellas County, Florida.
Which was formerly:
LEGAL DESCRIPTION:
UNIT 1:
LOTS 1, 2, 3, 4 AND 15, LESS THE EAST 40.00 FEET OF
LOTS 4 AND 15, BLOCK 8, REVISED MAP OF CLEARWATER
BEACH, ACCORDING TO THE MAP OR PLAT THEREOF AS
RECORDED IN PLAT BOOK 11, PAGE 5, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
UNIT 2:
ALL OF LOTS 5, 6, 7, 13, 14 AND THE EAST 40.00 FEET
OF LOTS 4 AND 15, BLOCK 8, REVISED MAP OF
CLEARWATER BEACH, A/K/A CLEARWATER BEACH REVISED
SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN PLAT BOOK 11, PAGE 5, PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA.
22
EXHIBIT "D"
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED DOCUMENT TO:
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (this "Covenant") is executed this day of
, 2026, by MHG Palm Pavilion Hotel, LP, a Florida limited partnership
("MHG") and Sixth Flag Planted, LLC, a Florida limited liability company ("Sixth Flag")
(collectively, the "Developer").
WITNES SETH:
WHEREAS, the Developer is the owner of the real property located at 10 Bay Esplanade
and 18 Bay Esplanade, Clearwater, Florida 33767 more particularly described on Schedule "1"
attached hereto and incorporated herein by reference (the "Property"); and
WHEREAS, the Developer and the City of Clearwater, Florida (the "City") are parties to
that certain Hotel Density Reserve Development Agreement dated the day of
20_ (the "Agreement"), pursuant to which the City has agreed that Developer may develop and
construct upon the Real Property a hotel project as described in the Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Property for a unified use, as
more particularly described in this Covenant.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Developer does hereby agree that, effective as of the date on which Developer receives all permits
required to construct the Project and Developer commences construction thereof, as evidenced by
a Notice of Commencement for the Project, the Real Property shall be developed and operated as
a hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence
shall expire automatically when and if the Developer's allocation of additional hotel density
reserve units (as defined in the Agreement) expires or is terminated. Nothing in this Covenant shall
require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or
otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated
third -parties. Developer agrees that the City shall have the right to enforce the terms and conditions
of this Covenant.
23
IN WITNESS WHEREOF, the parties have hereto executed this Covenant the date and
year first above written.
(COVENANT—DEVELOPER 1 SIGNATURE PAGE)
In the Presence of: MHG Palm Pavilion LP,
a Florida limited partnership.
Print Name: By:
Address:
Date:
Print Name:
Address:
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
The foregoing declaration was acknowledged before by means of
or online notarization me this day of
by , a Florida limited liability company,
He is
identification.
physical presence
, 2026,
on behalf of the entity.
personally known to me or has produced as
24
NOTARY PUBLIC
Print Name:
My Commission Expires:
(COVENANT—DEVELOPER 2 SIGNATURE PAGE)
In the Presence of: Sixth Flag Planted LLC,
a Florida limited liability company.
Print Name:
Address:
Print Name:
Address:
STATE OF FLORIDA )
COUNTY OF PINELLAS )
By:
Date:
The foregoing declaration was acknowledged before by means of physical presence
or online notarization me this day of , 2026,
by , a Florida limited liability company, on behalf of the entity.
He is personally known to me or has produced as
identification.
NOTARY PUBLIC
Print Name:
My Commission Expires:
25
(COVENANT—CITY SIGNATURE PAGE)
Countersigned: CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
By:
Bruce Rector Jennifer Poirrier
Mayor City Manager
Date: Date:
Approved as to form: Attest:
Matthew J. Mytych, Esq. Rosemarie Call
Assistant City Attorney City Clerk
Date: Date:
SCHEDULE "1" TO COVENANT
Legal Description
Units 1 and 2 of the Palm Pavilion Land Condominium, a Condominium, accordingto the Declaration
of Condominium and all exhibits attached thereto, recorded in OR Book 23434, Page 47, and in
condominium Plat Book , page , all within the Public Records of Pinellas County, Florida.
LEGAL DESCRIPTION:
UNIT 1:
LOTS 1, 2, 3, 4 AND 15, LESS THE EAST 40.00 FEET OF
LOTS 4 AND 15, BLOCK 8, REVISED MAP OF CLEARWATER
BEACH, ACCORDING TO THE MAP OR PLAT THEREOF AS
RECORDED IN PLAT BOOK 11, PAGE 5, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
UNIT 2:
ALL OF LOTS 5, 6, 7, 13, 14 AND THE EAST 40.00 FEET
OF LOTS 4 AND 15, BLOCK 8, REVISED MAP OF
CLEARWATER BEACH, A/K/A CLEARWATER BEACH REVISED
SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN PLAT BOOK 11, PAGE 5, PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA.
27
22338457v10