DVA2008-00001, 100 CORONADO DR - October 21, 2008
..
DV A2008-00001
100 CORONADO DR
CL ARWATERBEACHRESORT& OT
PLANNER OF RECORD: WW
ATLAS # 276A
ZONING: T
LAND USE: RFH
RECEIVED: 05/02/2008
INCOMPLETE:
COMPLETE:
MAPS:
PHOTOS:
STAFF REPORT:
DRC:
CDB:
CLWCoverSheet
CDB Meeting Date:
Case Number:
Owner/Applicant:
Flepresentative:
Address:
Agenda Item:
October 21, 2008
DV A2008-00001 (Flelated to FLD2008-05013)
K & P Clearwater Estate, LLC
E.D. Armstrong III, Esquire, Johnson, Pope, Bokor, Fluppel & Bums, LLP
100 Coronado Drive
F1 (Flelated to El)
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST:
CURRENT ZONING:
Fleview of, and recommendation to the City Council, of an amended and
restated Development Agreement between K & P Clearwater Estate,
LLC (the property owner) and the City of Clearwater.
Tourist (T) District
CURRENT FUTURE LAND Flesort Facilities High (FlFH)
USE CATEGORY:
BEACH BY DESIGN Destination Flesort
CHARACTER DISTRICT:
PROPERTY USE:
Current Use:
Proposed Use:
Vacant (temporary City public parking lot)
Overnight accommodation use of a total of 450 rooms
(163.6 rooms/acre on total site) and a maximum of
37,000 square feet (0.31 FAA on total site) of amenities
accessory to the hotel at a height of 150 feet (to roof
deck)
EXISTING
SURROUNDING ZONING
AND USES:
North: Tourist (T) District
South: Tourist (T) District
East: Tourist (T) District
Pier 60
Overnight Accommodations (Aqualeal
Hyatt - under construction)
Vacant, Fletail Sales and Overnight
Accommodations
Open Space/Flecreation Beach and Gulf of Mexico
(OS/Fl) District
West:
ANALYSIS:
Site Location and Existing Conditions:
The 2.75 acres is located directly south of Pier 60 between Coronado Drive and South Gulfview
Boulevard, north of Second Street. The subject property is currently vacant, but used as a temporary City
public parking lot. The properties were previously developed with various motels (Days Inn, Beach
Towers Motel, Spyglass Motel and Golden Beach Motel) and numerous retail sales and restaurant uses.
The overall property includes several vacated and dedicated rights-of-way.
Approved Development:
On October 19, 2004, the Community Development Board (CDB) approved a Flexible Development
application for the construction of a 350-unit hotel with associated amenities and 75 attached dwellings
as a mixed-use development (FLD2004-02013). The City Council approved a companion Development
Community Development Board - October 21, 2008
DV A2008-00001 - Page 1 of 4
Agreement on February 17,2005 (Case No. DV A2004-00001). These development approvals authorized
the following:
· Use of250 hotel rooms from the Beach by Design density pool;
· Maximum building height of 150 feet;
· Vacation ofa portion of the right-of-way for Gulfview Boulevard between Coronado Drive and
proposed Second Street;
· Vacation of the First Street right-of-way between Coronado Drive and Gulfview Boulevard;
· Dedication of right-of-way for proposed Second Street between Coronado Avenue and Gulfview
Boulevard; and
· Dedication of right-of-way for Coronado Drive between proposed Second Street and Gulfview
Boulevard.
On May 17,2005, the CDB approved a Flexible Development application amending the prior project to
modify the location of an elevated pedestrian walkway over South Gulfview Boulevard (FLD2004-
020 13A). On March 16, 2006, City Council approved an amendment to this original Development
Agreement (DV A2004-00001A), which dealt with issues associated with Beach Walk construction and
the timing of the dedication of land for Relocated 1st Street (to be known as Second Street once
constructed), as well as for the construction of Relocated 1 st Street.
Development Proposal:
The development proposal includes a companion Flexible Development application (FLD2008-05013) to
permit an overnight accommodation use of a total of 450 rooms (163.6 rooms/acre on total ,site) and a
maximum of 37,000 square feet (0.31 FAR on total site) of amenities accessory to the hotel at a height of
150 feet (to roof deck). The current proposal includes the vacation of the former pedestrian bridge
landing area right-of-way on the northwest comer of the site and the dedication of additional right-of-way
at the intersection of S. Gulfview Boulevard and Coronado Drive.
Development Agreement:
The proposed Development Agreement sets forth public/private obligations. The City recognizes the
economic and aesthetic benefits that will result from private development. The applicant recognizes the
benefit of public improvements that directly affect the marketability of the project and the character of
the general area surrounding the project. Since the approval of the project in 2004/2005, there have been
many changes on the beach. The Aqualea/Hyatt project to the south is under construction. The Beach
Walk project has been completed. Market conditions have changed, which have prompted a change in
the type of development proposed. The proposed Development Agreement will be in effect for a period
not to exceed ten (10) years and includes the following main provisions:
o Updates the provisions of the Development Agreement to current conditions, reflecting changes,
due to Beach Walk construction and other surrounding conditions, as well as the current proposed
development;
o Provides for the vacation of Parcel J (the area where the pedestrian bridge was previously located
on the approved plan, which is no longer proposed);
o Provides the ability to contract with the City provider for concession services on the public beach,
similar to the Aqualea/Hyatt project directly to the south;
o Updates the public parking options to reflect the developer's option to pay in lieu of providing the
parking spaces on-site;
Community Development Board - October 21, 2008
DV A2008-00001 - Page 2 of 4
o Updates Exhibit M (Parking Protocol), due to the change in design of the project and responding to
Staff concerns regarding employee parking issues;
o Updates the developer's pro rata share of the Beach Walk construction to indicate what the
developer has paid to date and the remaining obligation to meet the prior commitment;
o The currently approved Development Agreement, along with the associated resort pool units,
expires in 2015. This proposed amended Development Agreement does not extend this date. It
does propose to give the developer three years to commence vertical construction and the
opportunity to request a time extension from City Council extending through the 2015 date. The
proposed amended Development Agreement also requires the City to consider (but not necessarily
adopt) amendments to the previously approved vacation ordinances that expire in March 2010 if
vertical construction has not commenced.
The Community Development Board (CDB) has been provided with the most recently negotiated
Development Agreement.
The City Council may enter into Development Agreements to encourage a stronger commitment on
comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for
development, to encourage the efficient use of resources, and to reduce the economic cost of
development. The CDB is required to review the proposed Development Agreement and make a
recommendation to the City Council.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials at its
meeting of June 5, 2008, and deemed the development proposal to be sufficient to move forward to the
Community Development Board (CDB), based upon the following findings of fact and conclusions of
law:
Findings of Fact:
1. That the 2.75 acres is located directly south of Pier 60 between Coronado Drive and South Gulfview
Boulevard, north of Second Street;
2. That the property is located within the Tourist (T) District and the Resort Facilities High (RFH)
Future Land Use Plan category;
3. That the development proposal is subject to the requirements of Beach by Design and the Design
Guidelines contained therein as the property is located within the Destination Resort character
district.
Conclusions of Law:
1. That the Development Agreement implements and formalizes the requirements for the construction
of on-site and off-site improvements under the related site plan proposal (FLD2008-05013);
2. That the Development Agreement complies with the standards and criteria of Section 4-606 of the
Community Development Code;
3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and
Policies of the Comprehensive Plan; and
4. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of
Beach by Design and the Destination Resort character district.
Community Development Board - October 21, 2008
DV A2008-00001 - Page 3 of 4
Based upon the above, the Planning Department recommends the APPROVAL, and recommendation to
the City Council, of an amended and restated Development Agreement between K & P Clearwater Estate,
LLC (the property owner) and the City of Clearwater for the property at 100 Coronado Drive.
Prepared by Planning Department Staff:
Wayne
A TIACHMENTS:
o Development Agreement with Exhibits
o Location Map
o Aerial Map
o Future Land Use Map
o Zoning Map
S:\Planning Department\C D BIFLEX (FLD}IPending caseslUp for the next CDBIDVA2008-00001 Coronado 0100 TRG Clearwater Beach
LLC (T) -10.21.08 CDB - WWiCoronado 0100 Amened Dev. Agree. StaffReportfor 10.21.08 CDS 1.doc
Community Development Board - October 21, 2008
DV A2008-00001 - Page 4 of 4
Wayne M. Wells, AICP
100 South Myrtle Avenue, Clearwater, FL 33756
Phone: 727-562-45041 Email: wavne.wells(Q).mvclearwater.com
PROFESSIONAL EXPERIENCE
· Planner III
Planning Department, City of Clearwater, FL
November 2001 to Present
As part of the Development Review Division, prepared and presented staff reports for Flexible
Standard Development (staff-level cases), Flexible Development (public hearing cases) and Plats
before the Development Review Committee and the Community Development Board and
Development Agreements before the City Council; Reviewed building permits for Code
conformance; Prepared and/or assisted preparation of Code amendments; Provided public information
(via telephone, mail, email, zoning counter or predevelopment meetings).
· Zoning Coordinator
Zoning Division, City of Pinel/as Park, FL
March 1989 to November 2001
Acting Zoning Director; Represented the Zoning Division on cases and issues before the City
Council, Community Redevelopment Agency, Planning and Zoning Commission, Board of
Adjustment and outside agencies; Prepared and presented staff reports for land use plan amendments,
rezoned, planned unit developments, conditional uses, variances and site plans; Reviewed final site
plans and building permits for Code conformance; Prepared and/or assisted preparation of Code
amendments; Provided public information (via telephone, mail, zoning counter or predevelopment
meetings).
· Program Manager, Zoning Branch
Manatee County Dept. of Planning and Development, Bradenton, FL
June 1984 to March 1989
Trained and supervised three employees; Prepared and presented variances and appeals to the Board
of Zoning Appeals; Coordinated final site plan and building permit review for Code conformance;
Assisted in preparation of Code amendments; Provided public information (via telephone, mail,
zoning counter or predevelopment meetings). Interim Code Enforcement Manager- Managed the
Code Enforcement Section; Supervised six employees; Prosecuted cases before the Code
Enforcement Board; Investigated and prepared cases of alleged violations of land use and building
codes. Planner ll, Current Planning Section - Prepared and presented staff reports for rezones,
planned developments, special permits, plats and mobile home parks to Planning Commission and
Board of County Commissioners; Reviewed. final site plans and building permits for Code
enforcement; Assisted in preparation of Code amendments; Provided public information (via
telephone, mail, zoning counter or predevelopment meetings).
· Planner I
Alachua County Dept. of Planning and Development, Gainesville, FL
June 1980 to June 1984
Prepared and presented staff reports for rezones and special permits to Planning Commission and
Board of County Commissioners; Reviewed site plans and plats for Code conformance; Assisted in
preparation of Code amendments; Provided public information (via telephone, mail, zoning counter
or pre development meetings). Intern - Compiled and coordinated the Alachua County Information
and Data Book; Drafted ordinance revisions; General research.
.
· Graduate Assistant
University of Florida Dept. of Urban and Regional Planning, Gainesville, FL
1979 to 1981
Coordinated downtown study for Mayo, FL; Coordinated graphics for Jefferson County
Comprehensive Plan.
· Planning Technician
Planning Division, City of St. Petersburg, FL
1977 to 1979
Prepared primarily graphics, for' both publication and presentation; Division photographer for 1 Yz
years; Worked on historic survey and report.
EDUCATION
Master of Arts in Urban and Regional Planning (Degree not conferred; course work completed, thesis not
completed), University of Florida, 1981
Bachelor of Design in Architecture, University of Florida, 1976
LICENSES & CERTIFICATES
American hlstitute of Certified Planners
American Planning Association, Suncoast Section
DV A2008-00001
100 CORONADO DR
CL ARWATERBEACHRESORT& 01
PLANNER OF RECORD: WW
ATLAS # 276A
ZONING: T
LAND USE: RFH
RECEIVED: 05/02/2008
INCOMPLETE:
COMPLETE:
MAPS:
PHOTOS:
STAFF REPORT:
DRC:
CDB:
CL WCoverSheet
RESPONSES TO COMMENTS
DV A2008-00001
100 CORONADO DRIVE
GENERAL ENGINEERING:
Comment No.1:
Response NO.1:
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:
Response NO.6:
Comment No.7:
What is being described Item 24 on Page 6? Is this the
Public Court shown on Sheet A-01? Although indicated as
public, this area appears private. What measures will be
taken to provide obvious public access?
See revised plans; only the palm court is a public area.
Items 32 and 33 on page 7 indicate that the right-of-way of
South Gulfview is approximately 28 feet in width. The
roadway is 28 feet wide not the right-of-way.
See revised plans. Indicates a 28 ft. road.
Item 30 - Page 7 - A continuous right turn lane along the
west side. of Coranado shall be provided from Second
Street to S. Gulfview Blvd.
See revised plans.
Item 2.03.e-Page 9-Exhibit H is a list of required
permits/approvals. Is this sub item needed with the bridge
being eliminated? Or should this refer to Exhibit E?
See revised Development Agreement.
Item 3.01.3-Page 11- This should this be updated to
reflect the current payment schedule and status.
Exhibit N reflect the current payment schedule am:! its status.
Awaiting update from city to fill in the details of this exhibit.
5.03.1. The small parcel is identified as parcel J in
Exhibit K. To facilitate the vacation of this parcel, the
applicant shall submit a separate signed and sealed survey
and legal description of Parcel J.
The applicant is separately submitting to Engineering an
application for vacation of the right-of-way shown as Parcel J.
Such vacation is contemplated in Exhibit K.
Item 5.03.5-What is being proposed as Pedestrian Access
Improvements? See Comment #1.
.:t~_JI!I'.r""-
Response No.7:
Comment No.8:
Response No.8:
Comment No.9:
Response NO.9:
Comment No.1 0:
Response- NO.1 0:
Comment No. 11:
Response No. 11:
Comment No. 12:
Response No. 12:
Comment No. 13:
Response No. 13:
Comment No. 14:
Response No. 14:
Comment No. 15:
Response No. 15:
Comment No. 16:
Response No. 16:
Comment No. 17:
Response No. 17:
Comment No. 18:
The pedestrian access improvements have been deleted.
Item 5.03.8- This should be deleted since Beach Walk is
completed.
See revised Development Agreement.
Item 5.03.9.-References to Beach Walk should be deleted.
See revised Development Agreement.
Item 5.03.10-This should be deleted since Beach Walk is
completed.
See revised Development Agreement.
Item 5.03.11-This should be deleted since Beach Walk is
completed.
See revised Development Agreement.
Item 5.05.3-lnternal Comment-How do we make sure this
gets coordinated with Aqualea?
[Internal comment to staff]
Item 5.05.3-Reference is made to Exhibit N?
See revised exhibit.
Item 5.05.4-Parking spaces may be 18 feet long rather than
the 19 feet stated.
Acknowledged.
Item 5.05.4-Reference is made to Exhibit O?
See revised Development Agreement.
Item 5.05.5-What is being proposed here?
See revised Development Agreement.
Item 5.05.6-Since the bridge has been deleted, should this
section be eliminated?
See revised Development Agreement.
Item 5.06.7-This should be updated to reflect current
payment schedule and status.
2
Response No. 18:
Comment No. 19:
Response No. 19:
Comment No. 20:
Response No. 20:
Comment No. 21:
Response No. 22:
Comment No. 22:
Response No. 22:
Comment No. 23:
Response No. 23:
Comment No. 24:
Response No. 24:
Comment No. 25:
Response No. 25:
Comment No. 26:
Response No. 26:
Comment No. 27:
Response No. 27:
ENVIRONMENTAL:
No Issues.
FIRE:
This language was agreed upon by Legal.
Exhibit A-Provide sketches depicting ROW vacations.
Provided.
Exhibit E includes a sketch of a Pedestrian Court on the
west side of the proposed project. How does this maintain
the public nature of the promenade? See Comment #1.
See revised plans.
Exhibit H-Items 5 and 6 are included in Item 1.
See revised plans.
Exhibit H-Item 10 should read FDEP Water Permit as this
has reverted back to the state.
See revised plans.
Exhibit H--Items 12 and 13-ls a pedestrian bridge
proposed? If not delete these two items.
See revised plans.
Exhibit J-See Comment #1.
See revised plans.
Exhibit K-Includes a description of Parcel J. See
Comment #5.
See revised plans.
Exhibit K-After the Warranty Deed for Parcel E, the copy of
the land Exchange Agreement does not include all the
appropriate parcels.
See revised plans.
Exhibit M-What input is needed for this exhibit?
See revised plans.
3
No Issues.
HARBOR MASTER:
No Issues.
LEGAL:
Comment No.1:
Response No.1:
LAND RESOURCES:
No Issues.
LANDSCAPING:
No Issues.
Comments provided separately by Pam Akin.
PARKS AND RECREATION:
No Issues.
STORMWATER:
No Issues.
SOLID WASTE:
No Issues.
TRAFFIC ENGINEERING: .
Comment No.1:
Response No.1:
PLANNING:
Comment No.1:
Response No.1:
The development agreement under the section "Obligations
of the Developer" shall include language providing for the
installation of a continuous right turn deceleration lane
from the intersection of Coranado Drive/Gulfview Boulevard
to Second Street at the developer's sole expense.
See revised plans showing such turn lane. Such plans are part
of agreement and therefore lane cannot be removed.
Page 3- Top paragraph-Line 4-Remove the period after
"and"; remove one comma after "BEACH".
See revised Development Agreement.
4
.-~~:._ .1lI'""\'I
Comment No.2:
Response NO.2:
Comment No.3:
Response NO.3:
Comment No.4:
Response NO.4:
Comment No.5:
Page 5-Revise for the following:
a. #7-Remove the period before #7; remove the
comma after "means"; and
b. #15-Unclear why "First Street Dedication" isn't
"Second Street Dedication" as it will formally be
known as Second Street. Additionally, hasn't the
Second Street dedication already been recorded, so
that the OR Book _ and Page _ can be filled in?
See revised Development Agreement.
Page 6-Revise for the following:
a. #24-Regarding the proposed loggia and Palm Court,
see comments under FLD2008-05013, which staff is
not supportive of such improvements within the
public right-of-way;
b. #27-Under FLD2008-05013 the retail is not being
viewed as accessory to the Resort Hotel, but rather a
primary use; and
c. #28-Should "First Street Dedication" rather be
"Second Street Dedication"?
See revised Development Agreement.
Page 7-Revise for the following:
a. #28-Shouldn't "Relocated First Street" rather be
"Second Street"?
b. #31-Shouldn't "Relocated First Street" rather be
"Second Street"? Revise at the end of the first line
"road" to "right-at-way";
c. #32-Relocated South Gulfview is a public right-of-
way with the roadway being 28 teet in width, not the
right-of-way. Correct?
d. #33- There are two #33's. Renumber; and
e. #34- Third line-Add "Drive" after "Coronado".
See revised Development Agreement.
Section 2.03.1-
a. Shouldn't the "Project" be described as including the
Resort Hotel and accessory uses (private parking,
restaurant, spa, etc.) and public parking...? Staff is
viewing the retail use as a primary, rather than
accessory, use.
5
.~-_III!L lI'. ...-
Response No.5:
Comment No.6:
Response NO.6:
Comment No.7:
Response NO.7:
b. Section 2.03.1.a-Second sentence should be moved
to 2.03.1.b. Additionally, making accessory private
parking available to the public on a space available
basis most likely will not be "free" to the public but
for a fee, which may require a Business Tax Receipt
(occupational license). The operational aspects of
this arrangement may need to be set out in the
Development Agreement to avoid insufficient parking
for the guests and employees of the Project, as staff
has brought up concerns regarding provided parking
under the FLD review.
c. Section 2.03.1.b-unclear as to what is meant by
"required" valet parking, as the City does not require
valet parking, but is proposed by the applicant
through the building design.
d. Section 2.03.1.c-Staff is viewing the retail use as a
primary, rather than accessory, use.
e. Section 2.03.1.d-Last sentence in the second
paragraph is unclear as to meaning regarding
changing the ratio of Hotel Units to Fractional Share
Units. Do you mean that the number of Hotel Units
can increase and the Fractional Share Units can be
decreased, but could this "ratio" be changed in the
opposite?
See revised Development Agreement and revised plans
regarding access to retail via corridor. The retail is an
accessory use. Further, the ratio can change only to the
positive of hotel rooms and not otherwise as referenced by the
agreement.
Section 2.03.4-ln addition to no Hotel Unit or Fractional
Share Unit being allowed as a primary or permanent
residence, both of these Units should be restricted to
prohibit such Units from being used to obtain an Business
Tax Receipt (occupational license) for the purpose of
conducting a "home occupation".
Acknowledged.
Section 5.03.1-Unclear where this small portion of South
Gulfview to be vacated is located, as the Exhibit is not filled
in. Per the Civil Site Plan, do you mean Parcel A or
Parcel B on Sheet C4? Unclear of the ramifications if such
vacation does not occur. Advise.
See revised Development Agreement.
6
.~~'.~. ~
Comment No.8: Sections S.03.8-S.03.12-Unclear as to the need for these
Sections, since South Gulfview and Beach Walk are
constructed. Advise.
Response No.8: See revised Development Agreement.
Comment No.9: Sections S.OS.3 and S.OS.4-Shouldn't "Relocated First
Street" rather be "Second Street"?
Response NO.9: See revised Development Agreement.
Comment No.1 0: Section S.OS.6-Language in this Section appears to be old,
referring to the "Bridge" and "Residential Condominium".
Revise.
Response NO.1 0: See revised Development Agreement.
Comment No. 11: Section S.OS.7-Appears some of the language in this
Section is old, since the City has financed and constructed
South Gulfview and Beach Walk improvements. Update
language.
Response No. 11: See revised Development Agreement.
Comment No. 12: Section S.OS.8-There is no Section S.OS.8, as it skips from
S.OS.7 to S.OS.9. Either insert S.OS.8 as "Reserved" or
renumber sections.
Response No. 12: See revised Development Agreement.
Comment No. 13: Section S.OS.9-The Code language is "Declaration of Unity
of Title", not a "Covenant of Unified Use". This Section may
be retained, but be aware that the Planning Department will
still require the recording of a Declaration of Unity of Title
(for Condominiums-but will need to revise to provide for
the Fractional Share Units portion of the project) prior to
. the issuance of any permit, as a condition of approval for
the FLD case. Should the Project not be constructed, the
Code procedure is to "Release of Declaration of Unity of
Title", not the language in this Section.
Response No. 13: Refers to requirement other than Unity of Title requirement.
Acknowledged.
Comment No. 14: Section S.OS.11-Shouldn't "First Street Dedication" be
"Second Street Dedication".
Response No. 14: Acknowledged.
7
Comment No. 15:
Response No. 15:
Comment No. 16:
Response No. 16:
Comment No. 17:
Response No. 17:
Comment No. 18:
Response No. 18:
Comment No. 19:
Response No. 19:
Comment No. 20:
Response No. 20:
Comment No. 21:
Response No. 21:
Section 16.01.1.e- This paragraph refers to "Residential
Units", which is old language, since there are no residential
units in this Project. Additionally, "Hotel Units" should be
changed to "Fractional Share Units".
Acknowledged.
Page 34-Shouldn't the City's title (above Mayor's
signature) be "The City of Clearwater, Florida" rather than
"The City Florida of Clearwater, Florida"?
Acknowledged.
Exhibit D-Should update the survey based on comments
under the FLD review.
Acknowledged.
Exhibit G-Section 2.1.1-Revise "(250)" to "(450)" to
coincide with the written number.
Acknowledged.
Exhibit H-Revise #12 and #13, as these are old language
not applicable to this application.
Acknowledged.
Exhibit 1-
a. This Exhibit is fine per se, but the City will still
require the recording of a Declaration of Unity of Title
prior to the issuance of any permits; and
b. In the 'NOW, THEREFORE" paragraph, on the sixth
line, unclear what is meant by "mixed-use project" as
this is solely an overall overnight accommodation
use.
Acknowledged.
Exhibit J-Planning Staff is not supportive of the
improvement as submitted under the FLD application
affected by this Easement Agreement.
Acknowledged. See revised FLD application.
8
Comment No. 22:
Response No. 22:
Comment No. 23:
Response No. 23:
Other:
Exhibit K-Revise for the following:
a. Paragraph B-Refers to Coronado "Avenue" when it
is really Coranado "Drive"; and
b. Paragraph D- There is no pedestrian bridge being
removed with this FLD or DV A~ which was under the
prior FLD and DV A.
See revised Development Agreement.
Exhibit M- The dictionary does not include "voluments".
Do you mean "volumes"?
Acknowledged.
No Comments.
9/15/2008 8:42 AM
049313.115456
#440024 v1 - TRG/Response to OVA Comments
9
CASE #:
DATE RECEIVED:
RECEIVED BY (staff initials):
ATLAS PAGE #:
ZONING DISTRICT:
LAND USE CLASSIFICATION:
ZONING & LAND USE CLASSIFICATION OF
ADJACENT PROPERTIES:
NORTH:
SOUTH:
WEST:
EAST:
; Clearwater
(j~
~
Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4865
o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
o SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans
o SUBMIT APPLICATION FEE $
DEVELOPMENT AGREEMENT APPLICATION
(Revised 05/'J2102)
....PLEASE TYPE OR PRINT....
A. APPLICANT. PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A)
APP~tANTNAM~ K & P Clearwater Estate, LLC
MAILING ADDRESS:
5600 Mariner, Suite 200, Tampa, FL 33609
PHONE NUMBER:
813-506-6000
FAX NUMBER:
CELL NUMBER:
EMAIL ADDRESS:
PROPERTY OWNER(S):
Same as Applicant
AGENT NAME:
E. D. Armstron~III. Esq.. and Johnson~ Pope. Bokor. Ruppel & Burns. L P
MAILING ADDRESS: P. O. Box 1368, Clearwater, FL .'33757-1368.
(727)461-1818 (727)462-0365
PHONE NUMBER: FAX NUMBER:
STREET ADDRESS:
B. PROPOSED DEVELOPMENT INFORMATION:
100 Coronado Drive and 201, 215 and 219 South Gulfview Boulevard
LEGAL DESCRIPTION:
07/29/15/52380/000/0440
PARCEL NUMBER: 07/79/1 <:'/<:'7?,Rn/ooo/n<:,?,n
07/29/15/52380/000/0480
See Exhibit "A" attached.
.07/29/15/52380/000/0940
n7/79/1<:'/<:'738n/000/05<:'0
PARCEL SIZE:
2.75
~,..rp~
PROPOSED USE AND SIZ~
(acres, sq uare feet)
See Exhibit "B" attached.
(number of dwelling units, hotel rooms or square footage of nonresidential use)
DESCRIPTION OF At{'( RELATED REQUEST(S):
Amendment of existing development agreement as more particularly described
(approval of a developmentinclude all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.)
in Exhibit "B" attached.
DOES THIS APPUCA TION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR),.A PRFVIOUSL Y APPROVED PlANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES L NO _ (if yes, attach a copy of the applicable
do~uments) A previously approved site p~an pursuant to FLD2004-02013, FLD2004-02013A
ana ... -uuulJ 1 .
Page 1 of 5 - Development Agreement Appfication - City of Clearwater
..~". _..JII'_ v--
B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-606.B)
An application for approval of a development agreement shall be accompanied by the following (use separate sheets or include in a formal report):
o STATEMENT OF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,WHICH SHALL NOT EXCEED TEN YEARS
o DESCRIPTION OF ALL EXISTING AND PROPOSED PUBLIC FACILITIES AND SERVICES THAT SERVE OR WILL SERVE THE
DEVELOPMENT;
o DESCRIPTION OF THE USES DESIRED TO BE PERMITTED ON THE LAND, INCLUDING POPULATION DENSITIES AND BUILDING
INTENSITIES AND HEIGHTS;
o INDENTIFICATION OF ZONING DISTRICT CHANGES, CODE AMENDMENTS THAT WILL BE REQUIRED IF THE PROPOSED DEVELOPMEN
PROPOSAL WERE TO BE APPROVED;
o ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES;
o COMPLETE NAMES AND ADDRESSES OF ALL OWNERS OR PROPERTIES ABUTTING OR LYING WITHIN 200 FEET OF THE SUBJECT
PROPERTY AS CURRENTLY LISTED IN THE COUNTY RECORDS AS OF ONE WEEK PRIOR TO THE FILING OF AN APPLICATION.
C. PROOF OF OWNERSHIP: (Section 4-202.A)
o SUBMIT A COpy OF THE TITLE OR DEED TO THE PROPERTY OR PROVIDE OWNER SIGNATURE ON PAGE OF THIS APPLICATION
D. WRITTEN SUBMITTAL REQUIREMENTS: (section 4-606.G)
o Provide the following contents to the development agreement, as follows:
Contents. The approved development agreement shall contain, at a minimum, the following information:
a. A legal description of the land subject to the development agreement
b. The names of all persons having legal or equitable ownership of the land.
c. The duration of the development agreement, which shall not exceed ten years.
d. The development uses proposed for the land, including population densities, building intensities and building height
e. A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; 11 e
date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new pUQlic faciliti!lS a d
services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. T e
development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115 percent of 11 e
estimated cost of the public facilities a"nd services, to be deposited with the city to secure construction of any new public facilities and serviel s
required to be constructed by the development agreement The development agreement shall provide that such construction shall be complet d
prior to the issuance of any certificate of occupancy.
1. A description of any reservation or dedication of land for public purposes.
g. A description of all local development approvals approved or needed to be approved for the development
h. A finding that the development approvals as proposed is consistent with the comprehensive plan and the community deVelopment cod
Additionally, a finding,that the requirements for concurrency as set forth in Article 4 DMsion 10 of these regulations have been satisfied.
i. A description of any conditions, terms, restrictions or other requirements determined to be necessary by the city commission for the public healt ,
safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental 0
requirements in existing codes or ordinances of the city. "
j. A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relie e
the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions.
k. The development agreement may provide, in the discretion of the City Commission, that the entire development or any phase thereof t e
commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of futu e
development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of 11 e
developer to comply with any such deadline.
I. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure t ,
all successors in interest to the parties to the development agreement.
m. All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application
not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications a e
specifically anticipated in the development agreement
Page 2 of 5 - Development Agreement Application - City of Clearwater
E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-202.A)
o SIGNED AND SEALED SURVEY Oncluding legal description of property) - One original and 12 copies;
o COPY OF RECORDED PLAT, as applicable;
o PRELIMINARY PLAT, as required;
o LOCATION MAP OF THE PROPERTY.
o TREE SURVEY Oncluding existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location,
including drip lines.)
o GRADING PLAN, as applicable;
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
o SITE PLAN with the following information (not to exceed 24" x 36"):
All dimensions;
North arrow;
Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared;
Location map;
Index sheet referencing individual sheets included in package;
Footprint and size of 1111 buildings and structures;
All required setbacks;
All existing and proposed points of access;
All required sight triangles;
Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen
trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc;
Location of all public and private easements;
Location of all street rights-of-way within and adjacent to ttle site;
Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas
and water lines; .
All parking spaces, driveways, loading areas and vehicular use areas;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all refuse collection "facilities and all required screening (min. 1 O'x12' clear space);
Location of all landscape material;
Location of all onsite and offsite storm-water management facilities;
Location of all outdoor lighting fixtures; and
Location of all existing and proposed sidewalks.
o SITE DATA TABLE for existing, required, and proposed developmen~ in writtenltabularform:
Land area in square feet and acres; "
Number of dwelling units proposed;
Gross floor area devoted to each use;
Parking spaces: total number, presented in tabular form with the number of required spaces;
Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area;
Size and species, of all landscape material;
Official records book and page numbers of all existing utility easement;
Building and structure heights
Impermeable surface ratio (I.S.R.); and
Floor area ratio (FAR.) for all nonresidential uses.
o REDUCED SITE PLAN to scale (8 Yo X 11) and color rendering if possible;
o FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan:
One-foot contours or spot elevations on site;
Offsite elevations if required to evaluate the proposed stormwater management for the parcel;
All open space areas;
Location of all earth or water retaining walls and earth berms;
Lot lines and bLiiiding lines (dimensioned);
Streets and drives (dimensioned);
Building and structural setbacks (dimensioned);
Structural overhangs;
Tree Inventory; prepared by a "certified arborisr, of all trees 8" DBH or greater, reflecting size: canopy (drip lines) and condition of such trees.
Page 3 of 5 - Development Agreement Application - City of Clearwater
.~,~-
G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
o 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 perimeter landscape buffers;
, Sight visibility triangles;
Delineation and dimensions of all parking areas including landscaping islands and curbing;
Proposed and required parking spaces;
Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline;
Location, size, description, specifications and quantities of all existing ~nd proposed landscape materials, including botanical and
common names;
Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, ~ackfilling, mulching and
protective measures;
Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and
percentage covered;
Conditions of a previous development approval (e.g. conditions imposed by the CommunitY Development Board);
Irrigation notes.
o REDUCED LANDSCAPE PLAN to scale '(8 ~ X 11) (color rendering if possible);
o IRRIGATION PLAN (required for level two and three approval);
o COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable.
H. 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. Tourist and Downtown Districts) or as part
of a Comprehensive Infill Redevelopment Project or a Residentiallnfill Project.
o BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials;
o REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 ~ X 11) (black and white ar.Jd color rendering, if
possible) as required.
I. SIGNAGE: (Division 19. SIGNS I Section 3-1806)
o Comprehensive Sign Program application, as applicable (separate application and fee required).
o Reduced signage proposal (8 ~ X 11) (color), if submitting Comprehensive Sign Program application.
J. TRAFFIC IMPACT STUDY: (Section 4-801.C)
o Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan.
Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801
C of the Community Development Code for exceptions to this requirement
K. SIGNATURE:
I, the undersigned, acknowledge that all representations made in this
application are true and accurate to the best of my knowledge and
authorize City representatives to visit and photograph the property
described in this application.
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this 2, q 'f1,. -day of
April ,A.D. 20--.JL8 to me and/or by
E. D. Arms trong III who is personally known
p d '
identification.
q~
E. D. Armstrong III
7
.' ,t.-.~
~
My commiSSion expires: "II,
~~t!'.'!..r.?~ Jayne E. Sears
i:tA'i~ Commission # 00449633
~1"''''~ Expires September 2, 2009
'ffl~ ..n... Trlyfllill'lIII.'IIlIII, Ill.. 10041107019
Page 4 of 5 - Development Agreement Application - CitY of Clearwater
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Exhibit "A"
Page .1 of 2
DESCRIPTI~N: (N3 FURNISHED)
..-..'.-.....'I~,~
PARCEL A
LOT 1. BLOCK "A", COLUMBIA SUBDMSION, ACCORDING.TO PLAT THEREOF RECORDED IN PLAT BOOK 23. pAGE 60, PUBUC
RECORDS OF PINELI,AS COUNTY, FLORIDA, TOGElHER WITH THE VACATED SOUTHERLY 1 FOOT OF GULF VIEW BOULEVARD
ADJACENT TO SAID LOT 1. AND THE VACATED WESTERLY 1 FOOT OF CORONADO DRIVE ADJACENT TO SAID LOT 1, SAID
VACATED PORTIONS BEING SHOWN BY RESOLUTION FILED NOVEMBER 27. 1959, IN O.R. BOOK 7S7, PAGE 40, PUBUC
RECORDS OF PINEUAS COUNTY. FLORIDA, AND ALSO LOTS 44. 45, 46, 47, 90, 91, 92, 93, 94, 95, 96, AND 97. THE
LLOYD-WHITE-SKINNER SUBDMSION, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 13. PAGES 12 AND 13. .
PUBUC RECORDS OF PINELLAS COUNTY. FLORIDA, TOGETHER WITH" THE VACATED WESTERLY. 1.86 FEET OF CORONADO DRIVE
ADJACENT TO SAID LOT 93.
PARCEL B
LOTS 48, 49, 50; 51. 52, AND'98, THE LLOYD-WHITE-SKINNER SUBDMSION, ACCORDING TO THE MAP OR PLAT THEREOF
ftS RECORDED IN PLAT ~OOK 13, PAGE 12, PUBUC RECORDS OF PINEUAS COUNlY, FLORIDA.
PARCEL F
LOT" 55. 'NORTH 40 FEET OF LOT 56, SOUTH 20 FEET OF LOT 101, ALL OF LOT .102, AND THE NORTH 30 FEET OF LOT
103, LLOYD-Vv'HITE-SKINNER SUBDMSION, ACCORDING TO THE MAP OR PLAT THEREOF ftS RECORDED IN PLAT BOOK 13,
PAGES 12 AND 13. PUBUC RECORDS OF. PINELlAS COUNTY, FLORIDA.
LOTS 53, 54, 99, 100 AND THE NORTI-lERLY 30 FEET OF LOT 101, LLOya.,.WHiTE-SKINNER SUBDMSION. ACCORDING TO
THE MAP OR PLAT THEREOF ftS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBUC RECORDS OF PINEUAS COUNlY,'
FLORIDA.
j'
TOGETHER WITH THI; FOLLOWING VACATED RIGHT OF WAY:
PARCEL G
A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, ftS DEPICT.ED ON TI-lE PLAT OF COLUMBIA SUBDMSION,
ACCORDING TO THE PLAT THEREOF, ftS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBIC RECORDS OF PINELLAS
COUNlY, FLORIDA, AND BEING A PART OF SAID GULF VIEW BOULEVARD, AS DEPICTED ON TI-lE PLAT OF LLOYD-WHITE
-SKINNER SUBDMSION, ACCORDING TO TI-lE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13. OF THE'
PUBUC RECORDS OF PINELLAS COUNlY, FLORIDA, ALL LYING IN TI-lE EAST 1/2 OF SECTION 7, TOWNSHIP 29 SOUTI-l,
RANGE 15. EAST, PINELLAS COUNlY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED BELOW:
BEGINNING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD-WHITE-SKINNER SUBDMSION: THENCE S.05'32'30"W.
ALONG THE EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 90.0S FEET TO THE SOUTHWEST CORNER OF
SAID LOT 44; THENCf; S.05'32'30"W., A blSTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF LOT 48, OF AFORESAID
LLOYD-WHiTE-SKINNER SUBDMSIONj TI-lENCE S.05'34'08'W., ALONG AFORESAID EAST RIGHT-OF.,.WAY OF SAID GULF VIEW
BOULEVARD, A DISTANCE OF 154.95 FEEl"; TI-lENCE S.OS'31'21"W. ALONG SAID EAST RIGHT-OF-WAY OF GULF VIEW
BOULEVARD, A DIsTANCE OF 160.0S FEET; THENCE N.84'27'30"W., A DISTANCE OF 34.98 FEET; THENCE N.OS'32'30"E.
ALONG THE CENTERIJNE OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 4S6.33 FEET; THENCE 5.41'28'18"E.. A DISTANCE
OF 16.55 FEET; THE:NCE S.OS'29'4Q"W., A DISTANCE OF 0.58 FEET; THENC~ ~.84'30'20"E., A DISTANCE OF 6.00 FEET;
THENCE N.OS'29'4Q"E., A DISTANCE OF 18.97 FEET; TI-lENCE CONTINUE N.05'Z9'40"E, A DISTANCE OF 1.03 FEET; THENCE
N.41'00'13"W., A DISTANCE OF 17.95 FEET; THENCE N.48'31'37"E., A DISTANCE OF 14.15 FEET; )HENCE N.90'OO'OO.E., A
DISTANCE OF 34.32 FEET TO A POINT OF NON-TANGENT CURVE; THENCE SOUTHW~STERLY ALO~G AFORESAID EAST
RIGHT-OF-WAY OF Gl,JLF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET. AN ARC OF
26.87 FEET, A CHORD OF' 26.18 FEET AND A CHORD BEARING OF S.28'11'29"W.; THENCE S.05'32'30"W. ALONG SAID EAST
RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET; THENCE N.90'OO'OO"W., ALONG THE NORTH
BOUNDARY OF AFOR~SAlD LOT 44, A DISTANCE OF 3.~2 FEET TO THE POINT OF' BEGINNING.
TOGETHER WITH TI-I~ FOLLOWING VACATED RIGHT OF WAY:
PARCEL H
A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS' DEPICTEO ON lHE' PLAT OF COLUMBIA SUBDMSION,
ACCORDING TO HE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBUC RECORDS OF PINELLAS
COUNlY, FLORIDA, LYING IN THE EAST 1/2 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE lS EAST, AND THE WEST 1/2 OF
SECTION 8, TOWNSHIP 29 SOUTI-l, RANGE lS EAST, PINEUAS COUNlY, FLORIDA, BEING MORE PARTICUlARLY DESCRIBED AS
mLLO~: ~ .
COMMENCING AT THE NORTI-lWEST CORNER OF LOT 44, OF LLOYD-WHITE-SKINNER SUBDMSION. ACCORDING TO THE -PLAT
TI-lEREOF, AS RECORDED ON PLAT BOOK 13, PAGE 12 AND 13, OF THE puauc RECORDS OF PINELlAS COUNTY,
FLORIDA; THENCE N.90'00'OO.E., ALONG THE NORTH BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE
N.05"32'30"E. ALONG THE EASTERLY RIGHT OF WAY UNE OF AFORESAID GUI,F VIEW BOULEVARD, A DISTANCE OF 0.88 FEET
TO POINT OF A CURVE; TI-lENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD BEING A
CURVE TO THE RIGHT HAVING A RADIUS OF 34.00, AN ARC OF 26.87 FEET. A CHORD OF 26.18 FEET, AND.A CHORD
BEARING OF N.28'l1'29"E. TO THE POINT OF BEGINNING: TI-lENCE N90'OO'OO"W., A DISTANCE OF 29.08 FEET TO A POINT
OF NON-TANGENT CURVE; TliENCE NORTHEASTERlY ALONG A CURVE TO TH~ RIGHT HAVING A RADIus OF 112.00 FEET, AN
ARC OF 102.51 Fro, A CHORD OF 98.97 FEET AND A CHORD BEARING OF N.63'S2'4SaE.; TI-lc;~CE S.89'54'OO'!., A
DISTANCE OF 79.18 FEET TO A POINT PF CURVE; THENCE .SOUTHEASTERLY AJ"ONG 'A CURVE TO THE RIGHT HAVING A
RADIUS OF 40.00 FUJ. AN ARC OF spo FEET; A CHORD QF 55.47 FEET AND A CHORD BEARING S.45"59'54"E. TO A
POINT OF NON-TANGENT CURVE; THENf!:E WESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY OF AFORESAID GULF VIEW'
BOULEVARD. BEING A CURVE TO THE LEFT HAVING A RADIUS OF 28.66 FEET, AN ARC OF 11.98 FEET,. A CHORD OF 11.89
FEET AND A CHORD BCARING N7T55'43"W.; THENCE N.89'54'OO"W. ALONG SAID SOlJTHERLY RIGHT-OF-WAY OF GULF VIEW
BOULEVARD, A DISTANCE OF 145.71 FEET TO A POINT OF CURVE; THENC~ WESTERLY ALONG SAID SOUTHERLY
RIGHT-OF-WAY OF AFORESAID GULF VIEW BOULEVARD BEING A CURVE TO THE IHT HAVING' A 'RADIUS OF 34.00 FEET, AN
ARC OF 23.30 FEET, A CHORD OF 22.84 FEET AND A CHORD BEARING OF S.7rJ27'47"W. TO THE POINT OF BEGINNING.
:1 :
I
I.
l
':':T::~~~~l1~'L -':'~'- Exhibit "A"
~ :.... :;'~~...~;'..,:.r:' P 2 f 2
_ ,~:'~f"i'~~~,,, ~,_,~,,":':~~~~~".:i- ........ .' '," EL~E-___..___._'-- ,. .- "" ..... ........._4. ~- .. - ....-~, ,-~..,---- ---.-.-.....-.-
~""."~ TOGETHER WITH THE FOLLOWING VACATED RIGHT OF WAY:
PARca I
A PORTION OF THE 6o-FOOT RIGHT-OF-WAY OF FIRST AVENUE, (A.KA FlRST STREIT PE-R FlELD), THE PlAT OF. .
LLOYD-WHITE-SKINNER SUBDIVISION ftS RECORDED IN PLAT BOOK 13, PAGE 12 OF THE PUBUC RECORDS OF PINELlAS
COUNTY, FLORIDA), MORE PARTICULARLY DESCRIBED ftS: FROM THE SOUTHWEST CORNER OF LOT S5,
LLOYD-WHITE -SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12 OF THE OFFlCIAL RECORDS OF PINELLAS
COUNTY, FLORIDA. RUN THENCE NOS32'30"E ALONG THE EASTERLY RIGHT OF WAY UNE OF GULF VIEW BOULEVARD AS
SHOWN ON SAID PI,AT A DISTANCE OF 335.00 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE
NORTHWEST CORNER OF LOT 48 OF SAID LLOYD WHITE SKINNER SUBDIVISION, THENCE NOS'32'30"E. 60.00 FEET TO THE
SOUTHWEST CORNER OF LOT 44, LLOYD-WHITE-SKINNER SUBDIVISION; THENCE S84'27'30"E ALONG THE NORTHERLY RIGHT
OF WAY UNE OF FIRST AVENUE, LLOYD-WHITE-SKINNER SUBDIVISION A DISTANCE OF 192.00 FEET; THENCE SOS'32'30"W
ALONG A UNE 18 FEET WEST OF AND PARALLEl. WITH THE WESTERLY RIGHT OF WAY UNE OF CORONADO AVENUE ftS
SHOWN ON THE PLAT OF LLOYD-WHITE-SKINNER SUBDIVISION A DISTANCE OF 60.00 FEET TO THE SOUTHERLY RIGHT OF
WAY UNE OF SAID FIRST AVENUE; THENCE N84'27'30"W ALONG SAID SOUTHERLY RIGHT OF WAY UNE A DISTANCE OF
192.00 FEET TO THE POINT OF BEGINNING, '
TOGETHER WITH TH~ FOLLOWING VACATED RIGHT OF WAY:
PARCEL J
A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTEO ON THE PLAT OF COLUMBIA SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBUC RECORDS OF PINELLAS
COUNTY, FLORIDA, SEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE. NORTHWEST CORNER OF LOT 44, OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT "
THEREOF, AS RECORDED ON PLAT BOOK 13, PAGE 12 AND 13, OF THE pUBUC RECORDS OF PINEUAS COUNTY, FLORIDA;
THENCE N90'OO'OO'E, ALONG THE NORTH BOUNDARY. OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE N05'32'30"E .
ALONG THE EASTERI,Y RIGHT OF WAY UNE OF. AFORESAID GULF VIEW BOULeVARD, SAID EASTERLY RIGHT OF WAY LYING 1.0
FEET WESTERLY OF THE WESTERLY BOUNDARY OF LOT 1. BLOCK A, COLUMSIA SUBDIVISION, I>S RECORDED IN PLAT BOOK
23, PAGE 60, OF THE PUBLIC RECORDS. OF PINELLAS COUNTY, FLORIDA; A DISTANCE OF 0.88 FEET TO POINT OF A
CURVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD BEING A CURVE TO THE
RIGHT HAVING A RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD .OF 26.18 FEET, AND A CHORD BEARING OF
N28'11'29"E; THENCE N90'OO'00"W, A DISTANCE OF 34.32 FEET; THENCE S48'31'37"W, A DISTANCE OF 14.15 FEET FOR A
POINT OF BEGINNING; THENCE S41'OO'13"E, 17.95 FEET; THENCE S05'29'40"W, 20.00 FEET; THENCE N84'30'20"W, 6.00
FEET; THENCE N05'29'40"E, 0.S8 FEET; THENCE N41'28'18"W A DISTANCE OF 16.S5 FEET TO A POINT OF INTERSECTION
WITH THE CENTERUNE OF SAID GULF VIEW BOULEVARD; THENCE NOS'32'30"E, ALONG SAID CENTERLINE A DISTANCE OF
15.06 FEET; THENCE N48'31'37"E, A DISTANCE OF 7.42 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE FOLLOWING THREE PARCELS:
pARCEL C
THE EASTERLY 18 FEET OF LOT 93; TOGETHER WITH THE WESTERLY 1.86 FEE;]" OF TIiE RIGHT OF WAY OF CORONADO
DRIVE ABUTTING LOT 93, LLOYD-WHITE-SKINNER SUBDNlS/ON AS RECORDED IN PLAT BOOK 13, PAGE 12, PUBUC RECORDS
OF PINELLAS COUNlY, FLORIDA; .
TOGETHER WITH A PORTION OF LOT 1, BLOCK A, COLUMBIA SUBDIVISION f.$ RECORDED. IN PLAT BOOK 23. PAGE 60,
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND TOGETHER WITH A PORTION OF THE WESTERLY 1 FOOT OF THE
PLAffiD RIGHT OF WAY OF CORONADO DRIVE ADJACENT TO SAID LOT 1, AI.L OF THE ABOVE BEING FURTHER DESCRIBED
I>S FOLLOWS:
BEGINNING AT THE SOUTHEAST CORN~ OF LOT 93, LLOYD-WHITE:"'SKINNER. SUBDMSION, THENCE N84'27'30"W ALONG THE
SOUTHERLY BOUNDARY OF LOT 93 A OISTANCE OF 18.00 FEET; THENCE NOS'32'30"E ALONG A UNE 18 FEET WESTERL{ OF
AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID LOT 93' A DISTANCE OF 132.32 FEET; THENCE 5.24 FEET ALONG THE
ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET, A CHORD OF 5.23 FEET. AND A' CHORD BEARING
N01'47'31"E TO A POINT ON A NON-TANGENT CURVE; THENCE 35.43 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT'
HAVING A RADIUS OF 28.66 FEET, A CHORD OF 33.22 FEET AND A CHORD BEARING S30'04'20"E; THENCE N90'OO'OO"E,
ALONG THE'EASTERI,Y PROJECTION OF THE NORTHERLY BOUNDARY OF SAID I,.OT 93 A DISTANCE OF 0.86 FEET; THENCE
SOS'32'30"W, ALONG A UNE 1.86 FEET EASTERLY OF AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID LOT 93 A
DISTANCE OF. 110.62 FEET; THENCE N84'27'30"W A DISTANCE OF .1.86 FEET TO THE POINT OF BEGINNING.
. ,
PARCEL D
THE EASTERLY 18.0 FEET OF LOTS 97, 98, 99, 100, AND 101;
TOGETHER WITH TH~ EASTERLY 18.0 FEET OF LOT 102 LESS THE SOUTHERLY 30.0 FEET THEREOF, LLOYD-WHITE-SKINNER
SUBDIVISION ftS RECORDED IN PLAT BOOK 13, PAGE 12, PUBLIC RECORDS OF PINELLAS C9UNTY. FLORIDA.
PARCEL E
THE SOUTHERLY 20.0 FEET OF LOT 5S; TOGETHER WITH LOTS 56 AND 103 LESS THE SOUTHERLY 20.0 FEET THEREOFj
TOGETHER WITH THE SOUTHERLY 30.0 FEET OF LOT 102, LLOYD-WHrrE-SKlNNER SUBDIVISION AS RECORDED IN PLAT BOOK
13, PAGE 12, PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA.
EXHIBIT "B"
TO DEVELOPMENT AGREEMENT APPLICATION
K & P Clearwater Estate, LLC
100 Coronado Drive and
201,215 and 219 South Gulfview Boulevard
Section B.2
Requirements:
Development Agreements Supplemental Submittal
· Statement of the requested duration of the development agreement, which
shall not exceed ten years.
The proposed duration of the development agreement is 10 years and is stated
in the proposed amended and restated development agreement.
. Description of all existing and proposed public facilities and services that
serve or will serve the development.
The development will be served by City of Clearwater utilities and solid waste as
stated in the development agreement.
· Description of the uses desired to be permitted on the land, including
population densities and building intensities and heights.
The proposed use is a resort hotel consisting of 450 overnight accommodation
units, with a maximum height of 150 feet.
. Identification of zoning district changes, code amendments that will be
required if the proposed development proposal were to be approved.
The proposed use is allowed in the current zoning district ("T") and land use
designation ("RFH").
· Zoning and land use categories of all adjoining properties.
Zoning Land Use
North OS/R Recreation/Open
Space
East Tourist Resort Facilities
High
South Tourist Resort Facilities
High
West OS/R Recreation/Open
Space
.....
. Complete names and addresses of all owners of properties abutting or
lying within 200 feet of the subject property as currently listed in the county
records as of one week prior to the filing of an application.
See list prepared by Pinellas County Property Appraiser which is attached hereto
as Exhibit "C."
#437689 v1
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Ii: 2004371859 BK: 13836' PG: 2479, 09/20/2004 at 01:41 PM, RECORDING 5 PAGES
$44.0~ D DOC STAMP COLLECTION $280000.00 ~EN F. DE BLAKER, CLERK OF CO~
P:rm;LLAS COUNTY, FL BY DEPU'l'Y CLERK: CLKDMC5
~
Prepared ~y md return to:
M. Lisa Shasteen, Esq.
601 Cleveland Street, Suite 930
Cl~er. FL 33755' ,
, Pro~ Appraiser Parcel
Identification Nos.
07-29-15-5238o..00o-o44O
07-29-IS-S238n-ooo-0940
07-29-1S-S238~gO
07-29-1 S-S2380-0Q0..0S30
07-29-IS~52380-000..g5S0
SPECIAL WARRANTY DEED
ANTONlOS MARKOPOULOS, a lJ1IU'Iied man (ICMatkopoulos"). ToM. MEG.AS. LCo; a
Plorlda limited liability ~mpany ("Megas") and KOLOSSOS INN. me.. a Florida corpontion
("Kolossos") whose collective P,Ost office address is 101 Coronsik> Drive. Clearwater. FL 33767.
PineUas eoum,., Floti~ (co1Ic:ctivcty, "Gtantot'). fur 8nd in considcIafioD of the sum of FORTY.
MILLION AND NO/lOO DOLLARS ($40.000,000.00) paid to Grairtor and other good and
valuable consideratkm. the receipt and sufficiency of whi~' ate hereby acJaiowledged. has
GRANTED. SOLD and CONVEYED 8Dd does hereby GRAm" SELL and CONVEY unto
UP CLEARWATER ESTATE, LLC, a Florida limited liability company. its successors
andIoraSsigns, whose primary,address is 3105 W. WATERS AVENUE, SUITE 315. TAMPA,
FLORIDA 33614, and whose Employer I"P.II,;fj~on Number is 20-1594143 (collectively
"Orantccj. in fee simple, those certain parcels of laDd owned by each Grantor. ~y,
located in Pinella County. Florid8, as ~ particularly described in ExIu'bit A. attached hereto
, and incmpomtcd herein by ~rea:occ, to&cther with all impmvcmcmts, if'any, located on such
,land (such land and improvements being collectively referred to as the "Propcrty").
SAID PROPERTY is not the homestead ofMarlcopoulos tmder the laws and cons.titution
of the State ofFtorida in tbatneither the Grant?r. nor any members ofhis household reside on. .
the Property. and MarlcopouIos resides at a single family residence Within PinCllas County,
Florida.
This conveyance is made md accepted subject to all matters (the ICpcnnitted Exceptions")
set" forth in Schedule B of that Attomeys' Title Insui-ance ~ Inc.. Owner~s Trtle'Insur.mce
Policy issued in connection with this iDs1nunent, which arc iDcoJpOlated herein by reference.
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TO HA VB AND TO HOLD the PrOperty, to~er with all and singular the rights and ,
appurtz:nances pertaining thereto. subject 10 the Permitted Exceptions. unto Orantee and
Grantee's heirs, successors and assigns fuiever. And each 9tantpr' hereby ,covenants 'with
.Gnmtee that, with IIlSpi:et to that pomon of the PropcI:ty conveyed by such Grantor. except as
above noted, that at the time of the delivery oftbis speCial WamrIty Deed the Property was fteC
from all encumbrances made by if and that it will warrant and defend the saxne 8gainst the 1awful
claims and demands of all pexllODS claiming by. through or under ~ but against none other.
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Description: Pinellas,FL Document-Book.Page 13836.2479 Page: 1 0'5
Order. cin comment
PINEtLAS COUNTY FL OFF. REC. BE: 13836 PG 2480
.' .
. BY ACCEPTANCE OF THIS DEED, GRANTEE ACKNOWLEDGES mAT
GRANTOR HAS NOT MADB,DOES NOT MAKE AND SPECIFICALLY NEGATES AND
DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS,
AGRE;EMENTS OR. GU.ARANTIES OF ANY KIND OR CHARAC'IER WHATSOEVER,
WHETImR EXPRESS OR IMPLIED, ORAL OR WlUl'tEN, PAST, PRESENT OR FUTURE.
OF, AS TO, CONCERNINQ OR. WITI:I ~cr TO (A) THB VALUE. NATURE.
QUALITY OR CONDmON OF 'IlIB PROPERTY, INCLUDING, wmrour LlMlTATION,
THE WATER, SOIL .AND GEOLOGY. (B) mE. INCOME TO BE DERIVED FROM.THE
PROPERTY, (C) THE -surrABILlTY OF, nm PROPERn FOR ANY AND ALL
ACTIVITIES AND USES WHICH.. GRANTEE MAY CONDucr THEREON, (0) THE
COMPUANCE OF 9R BY THE PROPERTY OR ITS OPERATION wrm ANY LAWS,
RULES. ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL
AUTHORITY OR BODY, (E) THE HABITABll.lTY, MERCHANTABILITY,
MARKBi'ABILrrY. PR.OFlTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF
TIm PROPERTY, (F) TIm MANNER OK QUALITY OF 1HB CONSTRUCTION OR
MATER!ALS, IF ANY, INCORPORATED INTO THE PROPERTY, (0) THE MANNER,
QUALITY, STATE OF REPAIR OR LACK OF REPAIR. OF mE PROPERTY, OR (II) ANY
OnmR MATIER. WITH RESPEcT TO' TIm PROPERTY, AND SPECIFICALLY, THAT
GRANTOR HAS NOT MADE. nOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY'
. REPRESENTATIONS REGJdIDING COMPLIANCE WITH ANY ENVIRONMENTAL
PROTECTION, POLLUTION OR LAND USE LAWS, RULES, l{BGULAll0N8, ORDERS
. , OR REQUIREMENTS, INCLUDING T.BB DISPOSAL OR EXISTENCE, IN OR ON THE
PROPERTY, OF ANY ij:AZARDOUS MATERIALS, EXCEPT TIm WARRANTY OF TITLE
EXPRESSLY SET FORm HEREIN. GRANTEE FuRTHER ACKNOWLEDGES TIIAT IT
HAS HAD RaASQNABLE OPPORTUNITY TO INSPECT. nm PROPERTY, THAT IT IS
SOLELY REI.. YlNO UPON ITS OWN INVESTIGATION OF mE PROPERTY AND IN NO
WAY RELYING UPON ANYREPRESENTAll0N, STATEMENT. CONVERSAll0N."ACf,
OR OMISSION .OF SELLER OR OF ANY OF SELLER'S AGENTS, EMPLOYEES, OR
REPRESENTATIVES WITH RESPECT TO mE PROPERTY, AND, TO TIm MAXIMUM
EXTENT PERMIITED BY LAW, THE SALE OF THE PROPERTY IS MADE ON AN "AS .
IS" CONDmON AND BASIS WI1H ALL FAULTS.
set forth in the acknow)edgment attacbed hemo to' be effective
, 2004~
m
AlltorilOl Marko~1
Print name: ~dlo hAWDftJOi.d"
~~~~~
Page 2 of 5
Description: Pine//as,FL Document-BookPage 13836.2479 Page: 2 of 5
Order: cil) Comment
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PINELLAS COON'l'Y FL OFF. BEe. BE: 13836 PG 2481
- '- -
Primq 4d~
~
. Antuuioa poulos
a/kJa Anthony MarkopouJos.
Its President
T
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged' before me this.. I~ ~ of
September. 2004 by A.nto~. MarkopjaJos, whoi\~~e.
~~bt'~ -;r~..:L- .
. . Printnmne:.9~.1 Us) sJ.~ ~
NOTARY PUBUC .
MGII1caIlsa....
My commission cx.pm:s: S~t..r-a16lCa
STATE OF FLOR1DA IIpIItI: Jrw 19.. ,
COUNTY OFPINEL~ . I ....;_. ~~..
The foregOing mst:n"uncnt was acknowledged before me this ~ day of September,
2004 by Antonios Markopowos.. aNa Anthony MaIXopoulos. President of KoJoiSOlI IDD; IDe.,
on be~fof1hecorporation. who is~mll1Y~~" ~':-'
. Pnntnsm.e:~~I'~
'-NOTARY PUBLIC '
Mycommi!l,trionexpircs: . MIIIIlaO'...
. -{JJ~. O~_I~
~~-q~MaYl"_,
~ .....,..
:r r T ~~....
Page 3 of 5
Description: P~nellas,FL Document-BookPage 13836.2479 Page: 3 of 5
.Order: cin Comment:'
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PINELLAS COUNTY FL OFF. REC. BK 13836 PG 2482
S~ATE OF FLORIDA
COUNTY OF PINELLAS
The foregomS instrument was ackno~lcdgcd before me this t.:Z!!!day of September,
2004 by Antonios Markopoulos, 1b.c sole Manager and Member ofT.M. Mega, LC-, 0Ji behalf
of the company, who is ~na11y known to me. .
~~~~
NOTARYPUBUC
Mycommission.expin:s: o~..!&.t(~.
~~~_.
...........CII.~
'. .
Page 4 ofS
Description: Pineflas,FL Document-Book.Page 13836.2479 Page: 4 of 5
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PINELLAS COtlN'l'Y FL OFF. REC. BK 13836 PG 2483
.EXHIBIT ,oA" .
PARCEL I ~(Grantor: ADtoniosMarkopoulos)
Lot I, Black "A", COLUMBL\ SUBDIVISION, aecording to plat thc.tcotrecordcd in Plat Book 23, Page
60. Pub6c lteCords ofPinelIas County, F1orida, togr:tber with the VIICIItcd Southerly 1 foot orGulfView
Boulevard adjacent to said Lot I, ad the vacated 'WeSIm'1y 1 foot of Coronado Drive adjacent to said Lot
. 1. said vaca1r:d portioas being shown by R=solutiao filed November 27, 1959, in OJt Book 7571 Pap 40,
PubliQ Records ofPinoUas County, Florida, md also Lots 44, 45, 46, 47, 90, 91, 92. 93, 94, 95, 96, RIld .
97, THE LLOYD-wm:rE-SKlNNER SUBDMSION, aceardmg to plst tfJereof rccmded in Plat Book .
13, Pages 12 and. 13, Public Records ofPinclJas County, Florida, 'togctherwith tbcvacatcd Wcstcr1y 1.86
feet ~fCoronado Drivc'adjaccntto said Lot 93.
PARCEL n-(Grantor: KoIossoslim,lDc.)
Lots 48, 49, 50. 51,52, and 98, Tho Lloyd-Wbite-Skirmor Subdivision. 8CQOI'dinS to tH map or plat .
thereof as recorded in Ph!t Boot 13, Page.12. Public Records ofPincDas County, Florida.
PARCEL ill (Grantor. T.M. Mcgas, LC.)
Lot 55, North4D feet of Lot 56, Soulh20 feet afLot }Ol, aU of Lot 102, and tho North 30 feet of Lot 103;
LLOYD- WHlTE-SKINNER SUBDMSION, according to the map or pIal th=of as recorded in Plal
Book 13, Pages 12 ~ 13. Public ~ecords ofPine1Ju County. Flarida.
Lots~, 54, 99, 100 and the NortberJy 30 Ccct ofLat 101, UOYD-WHITB-SKINNER SUBDMSION,
. according to the map or plat thereof as rr:corded in Plat Book 13, Pages 12 md 13, Piiblic Records of
Pmenas COlmty, Florida.
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Description: Pinellas,FL Document-Book.Page 13836.2479 Page: 5 of 5
Order: cin Comment:
.JIM SMITH
PINELLAS COUNTY PROPERTY APPRAISER
11-Sep-2008 PAGE: 1
PAHCEL #/BRIEF LEGAL DESC
)0 / 00 / 00 / 00000 / 000 / 0000
::lROPERTY ADDR:
OWNER'S NAME AND ADDRESS
-----------~------------~----------------------------------------------
)7 / 29 / 10 / 02380 / 000 / 0010
LLOYD-WHITE-SKINNER SUB
LOTS 1 THRU 32 INCL LESS
W 140FT OF E 215 FT OF S
1/2 OF LOT 18 AND W 140FT
:lROPERTY ADDR:
CLEARWATER, CITY OF
ATTN: CASH 8. INVESTMENTS MGR
POBOX 4748
CLEARWATER FL
33758 4748
-----------------------------------------------------------------------
)7 I 29 / 15 / 52380 ,/ 000 / 0440
LLOYD-WHITE-SKINNER SUB
LOTS 44 THRU 47 INCL 8:
LOTS 90 THRU 93 INCL 8: LOT
1, BLK A OF COLUMBIA SUB 8:
'ROPERTY AD DR :
K 8: P CLEARWATER ESTATE LLC
5600 MARINER ST # 227
TAMPA FL
33609 3417
-------------------~---------------------------------------------------
)7 / 29 ; 15 I 52380 I 000 / 0480
LLOYD-WHITE-SKINNER SUB
LOTS 48-52 INCL 8: LOT 98 8:
S 1/2 OF W 105FT(S) OF VAC
PART OF FIRST AVE'LYING
)ROPE:RTY ADDR:
K 8: P CLEARWATER ESTATE LLC
5600 t"IAR I NER 5T # 227
TAt'lPA FL
33609 3417
._--~-------------~-----------------------------------------------------
)7 / 29 / 15 / 52380 / 000 I 0530
LLOYD-WHITE-SKINNER SUB
LOTS 53, 54, 99 8: 100 8-
NrLY 30FT OF LOT 101
TOGETHER WITH VAC E'LY 1/2
)ROPERTY ADDR; 215 GLlLFVIEW BLVD
K & P CLEARWATER ESTATE LLC
5600 MARINER 5T # 227
TAMPA FL
33609 3417
..----------------------..-----------.---------------.------------------------
)7 / 29 / 15 -f 52380 / 000 I 0550
LLOYD-WHITE-SKINNER SUB
NrLY 40FT OF LOT 55 & S'LY
20FT OF LOT 101 & N'LY 20
FT OF LOT 102 TOGETHER
'ROPERTY ADDR;
K & P CLEARWATER ESTATE LLC
5600 MARINER ST # 227
TAl"lPA FL
33609 3417
-----------------------------------------------------------------------
17 / 29 / 15 I 52380 / 000 I 0560 ,
LLOYD-WHITE-SKINNER SUB
N'LY 40FT OF LOT 56 & S'LY
20FT OF LOT 55 & S'LY 30FT
OF LOT 102 & N'LY 30FT OF
~ROPERTY ADDR;
CLEARWATER, CITY OF
ATTN: CASH & INVESTMENTS MGR
P 0 BO>( 4748
CLEARW,!>ITER FL
33758 4748
.___N_________________________________________________------------------
JIt1 SMITH
PINELLAS COUNTY PROPERTY APPRAISER
ll-Sep-200a PAGE: 2
PARCEL #/BRIEF LEGAL DESC
07 I 29 / 15 / 52380 / 000 / 0570
LLOYD-WHITE-SKINNER SUB
LOTS 57 & 104 & S 20FT OF
LOTS 56 & 103 LESS E 10FT
OF LOT 104 & LESS E 10FT
PROPERTY ADDR:
OWNER'S NAME AND ADDRESS
CRYSTAL BEACH CAPITAL LLC
101 E KENNEDY BLVD STE 2125
TAMPA FL
33602 5189
----..------------.-------------------------------------------------------
07 / 29 / 15 / 52380 I 000 I 0580
LLOYD-WHITE-SKINNER SUB
LOTS 58 & 59 TOGETHER HITH
S 1/2 OF VAC THIRD ST ADJ
ON N LESS E 10FT PER O.R.
PROPERTY ADDR:
CRYSTAL BEACH CAPITAL LLC
101 E KENNEDY BLVD STE 2125
TAMPA FL
33602 5189
---.-..------..---.----------------------------------------------------------
)7 / 29 / 15 / 52380 I 000 / 0940
LLOYD-{;'IHITE-SK INNER SUB
LOTS 94-97 INCL & S 1/2 OF
E 87FT(S) OF W 192FT(S) OF
VAC PART OF FIRST AVE
::lROPERTY ADDR:
K & P CLEARWATER ESTATE LLC
5600 MARINER ST # 227
TAMPA FL
33609 3417
----------..---.---..-------------------------------------------------------
)7 / 29 / 15 / 52380 / 000 / 1050
LLOYD-WHITE-SKINNER SUB
LOTS 105 & 106 & N'LY 1/2
OF LOT 107 LESS E 10FT
THEREOF PER OR 15057/2479
'ROPERTY ADDR:
)7 / 29 / 15 / 52380 / 000 / 1051
LLOYD-WHITE-SKINNER SUB
E 10FT OF LOTS 104, 105 &
106 & E 10FT OF S 20FT OF
LOT 103 & E 10FT OF N 1/2
~ROPERTY ADDR:
)8 I 29 I 15 / 00000 / 320 / 0200
BEG NE COR CORONADO DR &
1ST STREET TH N06DE 100FT
TH S84DE 100FT TH S06DW
100FT TO N LINE OF 1ST ST
)ROPERTY ADDR: 105 CORONADO DR
CRYSTAL BEACH CAPITI'L LLC
101 E KENNEDY ELVD STE 2125
TAMPA FL.
33602 5189
CLEARWATER, CITY Ot
ATTN CASH & INVESTMENTS MGR
PO BOX 4748
CLEARWATER FL
33758 4748 .
DECADE COMPANIES iNCOME PROPERTI
1\119 W24130 RIVERWDOD DR STE 100
WAUKESHA WI
5318a 1131
'C>_~_ M'_ '<I"'"""'"
.JIM SMITH
PINELLAS COUNTY PROPERTY APPRAISER
11-Sep-2008 PAGE; 3
PARCEL #/BRIEF LEGAL DESC
08 I 29 I 15 I 00000 I 320 I 0300
UNPLATTED TRACT TOGETHER
WITH LOTS 1 & 2 & LAND TO
BULKHEAD LINE, BAYSIDE SUB
ALL DESC BEG SW COR OF
PROPERTY ADDR; 40 DEVON OR
)8 I 29 I 15 I 15606 I 000 I 0010
CITY PARK SUB
LOT 1 & LAND ON W & .VAC
CORONADO DR & PARK AREA
AND LOT 2 AND LAND AD.J TO
::IROPERTY ADDRs
)8 I 29 I 15 / 15606 I 000 I 0100
CITY PARK SUB
LOTS 10,11,12,13, & PART
LYING S TO SEAWALL LESS
LEASES & PK AREA W OF
::IROPERTY ADDR; 45 CAUSEWAY BLVD
)8 I 29 I 15 / 15606 I 000 I 0132
CITY PARK SUB
BOATSLIP 153 & 70FT X 14FT
DOCK N OF EOATSLIP 152 OF
CLEARWATER MARINA
~ROPERTY ADDR s
)8 I 29 I 15 / 15606 / 000 I 0140
CITY PARK SUB
WATER LOT 1 LESS PARCEL IN
SW COR
)ROPERTY ADDR;
)8 I 29 I 15 / 15606 I 000 I 0141
CITY PARK SUB
PT WATER LOT 1 DESC AS
FROM SW COR OF WATER LOT. 1
OF CITY PARK SUB RUN W
)ROPERTY ADDR; 101 CORONADO DR
OWNER'S NAME AND ADDRESS
SEA CAPTAIN
C/O EIFERT, DONALDF
526 BELLE ISLE
BELLEAIR BEACH FL
33786 3612
CLEARWATER, CITY OF
ATTN; CASH & INVESTMENTS t1GR
P 0 BOH 4748
CLEARltJATER FL
33758 4.748
CLEARWATER, CITY OF
ATTN; CASH & INVESTMENTS MGR
P 0 BO>( 4748
CLEARWATER FL
33758 4748
CLEARWATER, CITY OF
ATTN; CASH & INVESTMENTS MGR
POBOX 4748
CLEARWATER FL
33758 4748
CLEARW~ITER, CITY OF
ATTN; CASH & INVESTMENTS MGR
P 0 BO>( 4748
CLEt~R~.,jA TER FL
33758 4748
DECADE CO~PANIES INCOME PROPERTI
N19 W24130 RIVERWOOD DR STE 100
WAUKESHA t.II
53188 1131
._-.---------.._-----------_.._~---------------------------------_..:..._--------
.JIM SMITH
PINELLAS COUNTY PROPERTY APPRAISER
Il-Sep-2008 PAGE; 4
PARCEL #/BRIEF LEGAL DESC
08 / 29 / 15 / 17550 / 002 I 0010
COLUMBIf"'t SUB
BLK B, S 50FT OF W 1/2 OF
LOT 1
PROPERTY ADDR; 207 CORONADO DR
)8 / 29 / 15 / 17550 / 002 / 0011
COLUMBIA SUB
ELK B, E 1/2 OF LOT 1
::IROPERTY ADDR~
)8 / 29 / 15 / 17550 / 002 / 0012
COLUi1BIA SUB
ELK B, N 100FT OF W 1/2 OF
L.OT 1
:)RQPERTY ADDR;
)8 / 29 / 15 / 17550 / 002 I 0020
COLUf1BIA SUB
ELK 13, E 115FT OF LOT 2
)ROPERTY ADDRt 216 HAMDEN DR
)8 / 29 / 15 I 17550 I 002 I 0021
COLUMBIA SUB
ELK 13, W 105FT OF LOT 2
AND N 50FT OF' LOT 4 OF
COLUi1BIA SUB REPLAT
~ROPERTY ADDRl 221 CORONADO DR
18 / 29 / 15 I 17568 I 000 I 0010
COLUMBIA SUB REPLAT
S 90FT OF LOTS 1 AND 2
IROPERTY ADDR: 229 CORONADO DR
OWNER'S NAME AND ADDRESS
TRACEY, CHRISTINA M EST
C/O TRACEY, MARLYN PR
957 ELDORADO AVE
CLEARWATER BEACH FL
3376"7
CLEARWATER, CITY OF
ATTN; CASH & INVESTMENTS MGR
P 0 13O>( 4748
CLEARWATER FL
33758 4.748
DECADE COi"iPANIES INCOME PROPERTI.
N19 W24130 RIVERWOOD DR STE 100
WAUKESHA WI
53188 1131
t-1AZUR f JAN
MAZUR, .JANINA
216 HAt'1DEN DR
CLEARWATER FL
33767 2446
RUDi'"lAN, fH RK 0
RUDMAN, ANKA
217 CORONADO DR
CLEARWATER FL
33767 2431
K & P CLEARWATER ESTATE II LLC
5600 MARINER ST STE 227
TAMPA FL
33609 3417
'>"~~_f' ~
JIM SMITH
PINELLAS COUNTY PROPERTY APPRAISER
II-Ssp-ZOOS PAGE: 5
PARCEL #/BRIEF LEGAL DESC
DWNER'S NAME AND ADDRESS
J8 / 29 / 15 / 17568 / 000 I 0030
COLUMBIA SUB REPLAT
LOT 3, N 35 FT LOT Z, N
35 FT LOT 1 & S 15 FT LOT
4
PROPERTY ADDR:.225 CORONADO DR
CHRISTMAN, KENNETH R SR
CHRISTMAN, LINDA J
225 CORONADO DR
CLEARWATER FL
33767 2431
TOTAL PARCEL.S: 25
O'>.1I!': P. '17"""
FIRST AMENDED AND RESTATED
AGREEMENT FOR DEVELOPMENT OF PROPERTY
between
THE CITY OF CLEARWATER, FLORIDA
and
K& P CLEARWATER EST ATE, LLC
Dated as of
,2008
'~ll'L4_r "'I'~
Table of Contents
Article 1. Definitions
Section 1.01 Definitions
Section 1.02 Use of Words and Phrases
Section 1.03 Florida Statutes
Article 2 Purpose and Description of Project
Section 2.01 Finding of Public Purpose and Benefit
Section 2.02 Purpose of Agreement
Section 2.03 Scope ofthe Project
Section 2.04 Cooperation of the Parties
Article 3 Regulatory Process
Section 3.01 Land Development Regulations
Section 3.02 Development Approvals and Permits
Section 3.03 Concurrency
Article 4 Plans and Specifications
Section 4.01 Plans and Specifications
Article 5 Project Development
Section 5.01 Ownership of Project Site
Section 5.02 Project Site
Section 5.03 City's Obligations
Section 5.04 Obligations of the Developer
Article 6
[INTENTIONALL Y OMITTED]
Article 7 Construction of the Project
Section 7.01 City not in Privity
Section 7.02 Construction Sequencing
Section 7.03 Construction Plan
Article 8
[INTENTIONALLY OMITTED]
Article 9 Representations, Warranties and covenants of the Developer
Section 9.01 Representations and Warranties
Section 9.02 Covenants
Article 10 City Representations, Warranties and Covenants
Section 10.01 Representations and Warranties
Section 10.02 Covenants
11
Article 11 Default; Termination
Section 11.01 Proj ect Default by the Developer
Section 11.02 Default by the City
Section 11.03 Obligations, Rights and Remedies Cumulative
Section 11.05 Termination Certificate
Article 12 Right to Contest
Section 12.01 Right to Contest
Article 13 Arbitration
Section 13.01 Agreement to Arbitrate
Section 13.02 Appointment of Arbitrators
Section 13.03 General Procedures
Section 13.04 Majority Rule
Section 13.05 Replacement of Arbitrator
Section 13.06 Decision of Arbitrators
Section 13.07 Expense of Arbitration
Section 13.08 Accelerated Arbitration
Section 13.09 Applicable Law
Section 13.10 Arbitration Proceedings and Records
Article 14 Unavoidable Delay
Section 14.01 Unavoidable Delay
Article 15 Restrictions on Use
Section 15.01 Restrictions on Use of Project Site
111
Article 16 Miscellaneous
Section 16.01 Assignments
Section 16.02 Successors and Assigns
Section 16.03 Notices
Section 16.04 Applicable Law and construction
Section 16.05 Venue; Submission to Jurisdiction
Section 16.06 Estoppel Certificates
Section 16.07 Complete Agreement; Amendments
Section 16.08 Captions
Section 16.09 Holidays
Section 16.10 Exhibits
Section 16.11 No Brokers
Section 16.12 Not Agents
Section 16.13 Recording of Development Agreement
Section 16.14 Public Purpose
Section 16.15 No General Obligations
Section 16.16 Other Requirements of State Law
Section 16.17 Technical Amendments
Section 16.18 Term; Expiration; Certificate
Section 16.19 Approvals Not Unreasonably Withheld
Section 16.20 Effective Date
IV
EXHIBITS
Legal Description of Developer' s Property A
First Street Dedication A-I
Vacations of Rights of Way Ordinances A-2
Project Description and Preliminary Project Plans B
Hotel Quality Standard C
Project Site D
Coordinated Design of South Gulfview
and Beach Walk Improvements E
Declaration of Covenants and Restrictions F
Covenant Regarding Hurricane Evacuation
& Use and Occupancy of Resort Hotel G
Required Permits and Approvals H
Covenant of Unified Use I
Easement Agreement J
. Amended and Restated Contract for
Exchange of Real Property K
Representative Cross Section of Second Street L
Parking Protocol M
Developer's Pro Rata Share Calculation and
Repayment Schedule N
Concessions 0
v
THIS 1 ST AMENDED AND RESTATED AGREEMENT for Development of Property
(together with all exhibits, modifications and amendments, this "Agreement") is made as of this
day of ,2008, by and between THE CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation (the "City"), and K & P Clearwater Estate, LLC, a Florida limited
liability company, its successors and assigns (hereinafter refereed to as the "Owner" or the
"Developer").
WITNESSETH:
WHEREAS, the City and Owner entered into a Development Agreement on March 3, 2005 and
recorded in O.R. book 14168, Page 2397 regarding the certain property located at generally 100
Coronado Drive, 201, 215 and 219 South Gulfview Boulevard ("Developer's Property");
WHEREAS, the City and Owner subsequently amended the Agreement on March 22, 2006 and
recorded in Pinellas County Records O.R. Book 15023, Page 1494-1500;
WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the
revitalization of Clearwater Beach entitled Beach by Design;
WHEREAS, Beach by Design also calls for the construction of pedestrian-oriented improvements
along the east and west sides of South Gulfview Boulevard ("South Gulfview"), which proposed
improvements are known as Beach Walk;
WHEREAS, the City has adopted Beach by Design pursuant to the Pinellas Planning Council's Rules
in support of the Comprehensive Plan adopted by the City;
WHEREAS, Beach by Design proposed a limited number of catalytic resort projects to reposition
and re-establish Clearwater Beach as a quality, family resort community and further provides for a
limited pool of additional hotel units ("Destination Resort Density 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 Destination Resort Density Pool to overnight
accommodations and limits tenancies to 30 consecutive days or less;
WHEREAS, a key criteria for eligibility for the Destination Resort Density Pool is the operation of a
proposed project as resort hotel operating under a national or international "flag" or other comparable
marketing affiliation or program;
WHEREAS, the Developer proposes to develop a resort hotel including both interval
ownership/timesharing units and traditional hotel units and associated amenities on certain property
fronting on South Gulfview and, subject to the mutual promises set forth of this Agreement, has
proposed to include in that project eight (8) parking spaces for use by the public as a replacement for
the on-street parking spaces removed from South Gulfview in front of the proj ect in connection with
1
"JC_ .._f ""l".....
the relocation of South Gulfview as contemplated by this Agreement or Developer will make
payment to the city in lieu of providing such spaces;
WHEREAS, it is necessary that the City take certain actions in order to make it possible for
Developer to develop the project contemplated by this Agreement in accordance with the goals and
objectives of Beach by Design;
WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter
163.3220 Fla. Stat. (2003) and any other applicable law;
WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed
project is consistent with the City's Comprehensive Plan and Land Development Regulations;
WHEREAS, the City has conducted public hearings as required by S 4-206 and 4-606 of the
Community Development Code;
WHEREAS, at a duly called public meeting on , 2008, the City Council approved this
Agreement and authorized and directed its execution by the appropriate officials of the City;
WHEREAS, approval of this Agreement is in the 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, Developer has approved this Agreement and has duly authorized certain individuals to
execute this Agreement on Developer's 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 meanings except as
herein otherwise expressly provided:
1. "Beach by Design" or "Plan" means the strategic redevelopment plan for Clearwater Beach
dated 2001, as amended, which was adopted by the City Council pursuant to the provisions of the
Pinellas County Planning Council's Rules for the designation of a Community Redevelopment
District, as amended through the Effective Date.
2. "City" means the City of Clearwater, Florida, a Florida municipal corporation.
3. "City Council" means the governing body of the City.
4. "Commencement Date" means the date on which the Developer commences or causes a
contractor to commence construction on the foundation or other structural element ofthe Project.
2
5. "Completion Date" means the date on which the final certificate of occupancy required for
the Project is issued, which issuance shall not be unreasonably withheld or delayed.
6. "Destination Resort Density Pool" or "Destination Resort Density Pool Units" means the
hotel unit density pool created by the City pursuant to Article V, section B of Beach by Design and
the associated Hotel Units.
7. "Developer" means, K&P Clearwater Estate, LLC, and its successors and assigns (see
Article 16).
8. "Developer's Property" means those properties controlled by Developer on the Effective
Date of this Agreement, which properties are more particularly described in Exhibit A to this
Agreement.
9. "Developer's Pro Rata Share" means Developer's pro rata share of the Net Cost of
South Gulfview and Beach Walk Improvements, as calculated in Article 5.
10. "Easement Agreement" means that easement granted to the Developer to allow the
construction, operation, maintenance, repair, replacement and other matters concerning or affecting
the Pedestrian Access Improvements, substantially in the form of Exhibit J attached hereto.
11. "Exhibits" means those agreements, diagrams, drawings, specifications, instruments,
forms of instruments, and other documents attached and designated as exhibits to this Agreement,
which are hereby incorporated herein and made a part hereof by reference.
12. "Existing Hotel Units" means the two hundred (200) overnight hotel guest rooms
existing on the Developer's Property as of the date of approval of the original Development
Agreement dated March 3,2005.
13. "Expiration Date" means that date ten (10) years following the original Effective Date on
which this Agreement automatically expires.
. 14. "Interval Ownership Units" means a maximum of 200 interval ownership/timeshare
units as defined in the Community Development Code, which will be sold to more than one owner
for use for a period of time not to exceed 30 consecutive days.
15. "Hotel" means that part of the Project, containing the Hotel Units, together with
amenities and common areas located on the Project Site, but excluding the portion of the Project
which contains the Interval Ownership Units.
16. "Hotel Units" means the 250 Destination Resort Density Pool Units.
17. "Land Exchange" means that property exchange which either occurred or is to occur on
the terms and conditions set forth in Exhibit K hereto.
3
:S9l!:. ~t
18. "Meeting Space" means any building floor area within the Project which can be used for
conference or meeting activities.
19. "Net Cost of South Gulfview and Beach Walk Improvements" means the total cost of the
South Gulfview and Beach Walk Improvements, plus any debt service, and less nonreimbursable
funds from sources other than the City (other than any fair share or pro rata payments made by the
owners of other properties which front on South Gulfview). Remaining payment schedule is
attached hereto as Exhibit N.
20. "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.
21. "Plans and Specifications" means, as to each part ofthe Project to be developed, the site
plan for that part of the Project to be developed, filed with the City as required by governing land
development regulations ("Land Development Regulations") for the purpose of review and approval.
22. "Project" means, collectively, development of the Project Site as a Resort Hotel together
with accessory retail and restaurant uses which is proposed by the Developer as described in this
Agreement and in the preliminary plans therefore which are attached hereto as Exhibit B.
23. "Project Site" means the land area which includes the Developer's Property, as modified
by the Vacations of Rights of Way, the Land Exchange, and the First Street Dedication, and which is
generally bounded (a) on the east by the western edge of Relocated Coronado, (b) on the north by
the southern boundary of Relocated South Gulfview, (c) on the south by the northern boundary of
Second Street, and (d) on the west by the centerline of existing South Gulfview, which site is more
particularly described on Exhibit D.
24. "Public Parking Spaces" means eight (8) parking spaces or payment in lieu ofto be
provided by Developer in the Project for use by the general public as described more fully in
Paragraph 2.03(1) of this Agreement.
25. "Relocated Coronado" means that proposed five (5)-lane two-way public right of way
approximately seventy-eight (78) feet in width to be contiguous to and running north to south along
the east boundary of the Project Site, as situated following the Land Exchange and as shown in the
Project Plans depicted in Exhibit B.
26. "Relocated South Gulfview" means that two (2)-lane, two-way public road
approximately twenty-eight (28) feet in width and associated promenade or sidewalk, running north
to south along the west boundary of the Project Site and running east to west along the north
boundary ofthe Project Site, as situated following the realignment of South Gulfview as a result of
the South Gulfview and Beach Walk Improvements.
4
.~1lII!~". _~
27. "Resort Hotel" means the Hotel together the Interval Ownership Units proposed as
part of the Project.
28. "Resort Hotel Units" means both Interval Ownership Units and Hotel Units.
29. "Second Street" means that proposed three (3)-lane, two-way public road approximately
sixty (60) feet in width to be contiguous to and running east to west along the south boundary of the
Project Site between Coronado and South Gulfview, the location of which is depicted on Exhibit L
hereto.
30. "Second Street Dedication" means that dedication by Developer to the City of a portion
of the Developer's Property of approximately sixty (60) feet in width, as more fully described on
Exhibit A-I hereto and recorded in O.R. Book 15085, Page 2109, Public Records of Pin ell as County,
Florida.
31. "South Gulfview and Beach Walk Improvements" means (a) the realignment and
construction of South Gulfview as a two (2) lane, two-way road approximately twenty-eight (28) feet
in width and associated improvements ("South Gulfview Improvements") and (b) the construction of
a promenade, a bicycle/skating path, a beachfront pedestrian path ("Beach Walk Improvements") as
shown on Exhibit E hereto and as constructed by the City.
32. "Vacations of Rights of Way" means the abandonment by the City in favor of the
Developer in furtherance of the goals and objectives of the Comprehensive Plan, of (a) the existing
right-of-way of First Street between the western boundary of the existing right of way of Coronado
and the centerline of the existing right of way of South Gulfview ("First Street V acation"), (b) the
eastern half of the existing right-of-way of South Gulfview contiguous to the Developer's Property,
which abandonment is anticipated to result in the addition to the Developer's Property of a parcel
thirty-five (35) feet wide running along and contiguous to the western boundary of the Developer's
Property to facilitate development of the Project ("South Gulfview Vacation") and (c) other such
miscellaneous parcels necessary to create the Project Site. Such parcels and associated ordinances to
be abandoned are more particularly described on Exhibit A-2 hereto.
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 companies, partnerships, any other
business entity of a type recognized by law, including public bodies, as well as natural persons.
"Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words
refer to this Agreement as a whole and not solely to the particular paragraph or section in which any
such word is used.
1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (2003), as
amended from time to time.
ARTICLE 2. PURPOSE AND DESCRIPTION OF PROJECT
5
2.01. Finding of Public Purpose and Benefit. The proposed Project, including 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 furtherance of the objectives of the Comprehensive
Plan of the City, (2) to conform to the provisions of Florida law, (3) to be in the best interests 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 adj acent 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 for South Gulfview, including the implementation of
the South Gulfview and Beach Walk Improvements and the Pedestrian Access Improvements to be
constructed as a part of the Project.
2.02. Purpose of Agreement. The purpose ofthis Agreement is to further the implementation of
Beach by Design by providing for the development of the Project Site and to provide for the
construction of certain public improvements, all to enhance the quality oflife, increase employment
and improve the aesthetic and useful enjoyment of Clearwater Beach and the City, all in accordance
with and in furtherance of the Comprehensive Plan of the City of Clearwater and as authorized by
and in accordance with the provisions of Florida law.
2.03. Scope of the Project.
1. The Project shall only include public parking, private parking, Resort Hotel and its
appropriate accessory uses including restaurant, retail and spa uses as described in Sec. 2.03.1.c and
shall be developed in substantial conformity with the preliminary plans of development which are
attached as Exhibit B. The Project Site is within a "Community Redevelopment District," pursuant
to the Pinellas County Planning Council's Rules, which authorizes an increase in hotel unit density
pursuant to the provisions of Beach by Design. The intensity of permitted use on the Project Site
shall be:
a. Public Parking - Developer shall provide the Public Parking Spaces or
payment in lieu of as part of the Proj ect. In addition, the Developer will make parking spaces within
the Project available to the public on a space available basis.
b. Private Parking - The Developer shall provide private parking spaces for use
in connection with the Project.
c. Hotel - The Hotel shall include 250 Hotel Units, a minimum of twenty
thousand (20,000) square feet of Meeting Space and other amenities accessory to the Hotel,
including, but not limited to restaurants, bars, exercise and spa facilities, outdoor recreation space,
storage, back office and administration areas and other functional elements related to the Hotel,
including not more than thirty-seven thousand (3 7,000) square feet of retail! restaurant floor area and
associated beach concessions pending City approval. Hotel Units shall be required to be submitted
to a rental program requiring that such units be available for overnight hotel guests on a transient
basis at all times, subject to force majeure events or renovation activities making such rooms
unavailable for occupancy.
6
d. Timeshare - The portion of the Resort Hotel where the Interval Ownership
Units shall be located as shown on the Development Plan in Exhibit B. Such area shall include no
more than the 200 Existing Hotel Units and shall not include the 250 Destination Resort Density
Pool.
2. Minimum Quality Standards - In order to assure the high quality resort experience
called for under this Agreement, all Hotel Units, shall be operated by a single hotel operator and all
Interval Ownership Units shall be operated by a single operator, both of which shall meet the
requirements as to operating standards set forth in Exhibit C of this Agreement.
3. The Developer has received Flexible Development approval to build four hundred and
fifty (450) Resort Hotel Units consisting of two hundred and fifty (250) Hotel Units and two hundred
(200) Interval Ownership Units within the Project pursuant to a Flexible Development Application.
Notwithstanding anything to the contrary in this Agreement, Developer may choose to increase the
number of Hotel Units by reducing the number of Interval Ownership Units as provided in the
Flexible Development Approval so long as the Resort Hotel does not exceed 450 Resort Hotel
Units.
4. Nothing shall preclude the Developer from developing or operating all or portions of
the Project using any ownership format in any combination, provided such format and combination
are permitted under Florida Statutes, including, without limitation, individual ownership, provided
that the requirements as to availability for transient occupancy and as to a single hotel operator set
forth in 2.03 (1) (c) are satisfied.
5. Up to twenty-five percent (25%) of the Hotel Units, or such greater percentage, ifany,
which is permitted by the City's Land Development Regulations at the time of issuance of a building
permit for the Hotel Units, may be suites with kitchens, including all typical kitchen equipment and
amenities. In addition, partial kitchens or mini-kitchens may be permitted. One hundred percent
(100%) of the Interval Ownership Units may have kitchens, including all standard kitchen equipment
and amenities.
6. Notwithstanding any other provision of this Agreement, no occupancy in excess of
thirty (30) consecutive days per stay shall be permitted in any Resort Hotel Unit. In addition, no
Hotel Unit or Interval Ownership Unit shall be used as a primary or permanent residence and each
Hotel Unit shall be required to be available to transient hotel guests and to be operated as described
in Paragraph 2.03(1)( c). Prior to the issuance of a certificate of occupancy for the Resort Hotel, the
Developer shall record a covenant and restriction which is enforceable by the City, substantially in
accordance with Exhibit F, limiting the use and operation of the Interval Ownership Units and Hotel
Units, implementing this paragraph.
7. As a condition of the allocation of Destination Resort Density Pool Units pursuant to
the designation of Clearwater Beach as a Community Redevelopment District pursuant to the
Pinellas County Planning Council's Rules, the Developer shall comply with each of the standards
established in Beach by Design, including:
7
a. The Resort Hotel shall provide a full range of on and off site amenities for
guests, including at least one full service restaurant, room service, valet parking, exercise facilities,
pool, meeting areas and access to boating, fishing and golf off site or comparable amenities. Off site
amenities may be provided through a concierge service.
b. The Resort Hotel shall be operated as a national or international "flag" or as
part of another comparable marketing affiliation or program which will ensure support of the
repositioning of Clearwater Beach as a resort destination. The parties agree that membership in the
American Automobile Association ("AAA"), the Mobil Travel Guide ("MTG"), or any other
comparable organization approved by the City and maintaining the Hotel in a condition and quality
level as more fully described in Exhibit C ("Minimum Quality Standards"), shall constitute
compliance with the resort quality standards of Beach by Design.
c. The Resort Hotel shall be of exceptional architectural design and shall be
fitted with high quality finishes and furnishings. The parties agree that the architectural design
depicted on Exhibit B meets this requirement.
d. Prior to the issuance of a final certificate of occupancy for the Resort Hotel,
the Developer shall record a covenant and restriction which is enforceable by the City substantially
in the form of Exhibit F, limiting the use and operation of the Resort Hotel, 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 Hotel for Resort Hotel guests which shall include, at least an airport shuttle and
resort-provided transportation to off-site amenities and attractions.
e. Prior to the issuance of a building permit authorizing the construction of the
Project, the Developer shall record a covenant and restriction which is enforceable by the City,
substantially in the form of Exhibit G, addressing the use and operation ofthe Resort Hotel, which is
enforceable by the City, that obligates the Developer to close and vacate all persons (except for
emergency personnel required to secure and protect the facilities) from all Resort Hotel Units within
the Project as soon as practicable after the issuance of a hurricane watch by the National Hurricane
Center which includes Clearwater Beach.
2.04. Cooperation of the Parties. The City and the Developer recognize that the successful
development ofthe 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. Each party
agrees to 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 good faith
efforts to ensure that such cooperation is continuous, the purposes of this Agreement are carried 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.
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1. Land Use Desie:nation. The Project Site has a land use plan designation of Resort
Facilities High and a zoning designation of Tourist.
2. Amendments to Comprehensive Plan & Land Development Re2Ulations. The
City has amended the Comprehensive Plan of the City of Clearwater to recognize the Goals and
Objectives set forth in Beach by Design and has designated Clearwater Beach as a Community
Redevelopment District in accordance with Beach by Design, pursuant to Pinellas County Planning
Council Rules.
3. Grant of Additional Hotel Units. Subject to the terms and conditions of this
Agreement and compliance with applicable law, the City hereby allocates and grants to Developer
from the Destination Resort Density Pool the right to build two hundred fifty (250) hotel rooms in
addition to the Existing Hotel Units, making the Project Site eligible to contain a maximum offour
hundred fifty (450) Resort Hotel Units. The allocation of the Destination Resort Density Pool Units
shall expire and be of no further force and effect unless Developer completes payment of
Developer's Pro Rata Share as provided in Paragraph 5.05 or the Commencement Date occurs on or
before three (3) years after the Effective Date of this Agreement. Notwithstanding the foregoing, the
Developer shall be entitled to request approval of an extension of such timeframe, which approval
the City shall not unreasonably withhold, based on circumstances out of the Developer's control
including changes in the market, financing of the Project and force majeure.
3.02. 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 all plans
and specifications necessary for the Project, and, except as expressly provided otherwise in this
Agreement, shall bear all costs of preparing such applications, applying for and obtaining 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. A list of
all permits and approvals required to implement the provisions of this Agreement is attached as
Exhibit H. 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. City Cooperation and Assistance. The City shall cooperate with the Developer in
obtaining all necessary Permits required for the construction, completion of the Project and its
opening for business. Ifrequested by the Developer and authorized by law, the City will join in any
application for any Permit, or, alternatively, recommend to and urge any governmental authority that
such Permit or Permits be issued or approved.
3. City Authority Preserved. The City's duties, obligations, or responsibilities under
any paragraph of this Agreement, specifically including, but not limited to, this Paragraph 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
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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.
4. Transportation Impact Fee Credits. The City shall, to the extent authorized by
applicable law, allow the Developer a credit against the Developer's Pro Rata Share in the amount
of transportation impact fees paid by the Developer to the City which are intended for use by the City
for the South Gulfview and Beach Walk Improvements are described on Exhibit E hereto. To the
extent such credits are lawfully available, the City shall also use its best efforts to secure from
Pinellas County, Florida (the "County") a credit toward Developer's Pro Rata Share, of
transportation impact fees intended for use by and collected by the County in connection with the
Project. A schedule of Developer's Pro Rata Share is described in Exhibit N attached hereto.
3.03. Concurrency.
1. Concurrency Required. The parties hereto recognize and acknowledge that Florida
law (specifically, Part II, Chapter 163, F. S., and Rule 9J-5, Florida Administrative Code, collectively
the "Growth Management Act") imposes restrictions 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 ofthis Agreement, the Project satisfies the concurrency requirements of Florida law.
The City agrees to reserve the required capacity to serve the Project for the Developer and to
maintain such capacity until three (3) years following the Effective Date. 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 Public Utilities Department of the City will
provide potable water service and sanitary sewer service to the Project.
ARTICLE 4. PLANS AND SPECIFICATIONS.
4.01. Plans and Specifications.
1. Responsibility for Preparation of Plans and Specifications. Except as otherwise
expressly provided in this Agreement, 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.
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2. Use ofOualified Professionals. The Developer shall retain qualified professionals to
prepare the Plans and Specifications and shall use reasonable efforts to cause such professionals to
prepare the Plans and Specifications.
ARTICLE 5. PROJECT DEVELOPMENT.
5.01. Ownership of Project Site. The Developer is the owner of the Project Site after effectuation
of the Land Swap and First Street Dedication. Owner reserves the right, pursuant to Article 16, to
enter into agreements with third parties to assist or participate with Owner in the development of the
Project pursuant to this Agreement.
5.02. Project Site. The Project Site consists of the property more particularly described in Exhibit
D.
5.03. City's Obligations.
1. Vacations of Ri2:hts-of- W av. The City Council has adopted ordinances vacating (a)
the First Street Vacation, and (b) the South Gulfview Vacation, both as described on Exhibit A-2
subject to conditions contained therein. The City shall consider the adoption of an ordinance
vacating a small parcel of land along South Gulfview Boulevard, as described in Exhibit C of
Exhibit K as Parcel J. The City hereby acknowledges that Developer is relying on the City's vacation
as described herein. The Developer acknowledges that the granting of such vacation is discretionary
by the City Council.
Furthermore, the City hereby acknowledges that some conditions set forth in vacation ordinances
shown in Exhibit A-2 have been met. Regarding commencement date specified in such ordinance,
City agrees to reconsider such date and amend such ordinance to create consistency amongst all
project-related deadlines.
2. Road Improvements. Vehicular traffic on Relocated South Gulfview shall be
calmed to control speed on that portion of South Gulfview to the north and west of the Proj ect to a
design speed of20 miles per hour.
3. Permits. The City will cooperate and coordinate with the Developer 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. Cafe Seatin2:. The City understands that the Developer intends to apply for all
necessary permits and licenses for outdoor cafe seating in connection with the Project. In that
connection, the City shall consider Developer's application pursuant to the provisions of the City's
Land Development Regulations.
5. Palm Court Easement. Upon request by Developer, the City shall grant the
Developer the ability to construct certain improvements in a portion of city property west of the
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Property and, in that connection, no later than the Commencement Date, the City shall grant to the
Developer an Easement Agreement as described in Exhibit J.
6. Land Exchane:e. The City is the owner of that portion of South Gulfview abutting
the north boundary of the Developer's Property as more particularly described as "Parcell" in the
Contract for Exchange of Real Property attached hereto as Exhibit K. The Developer is the owner of
that property abutting the West boundary of Coronado Drive, described as "Parcel 2" in Exhibit K.
The City and the Developer agree that said properties have a comparable appraised value for the
purposes of ~ 2.01(d)(5)(iv) of the City Charter. The City and Developer agree to exchange said
parcels as provided in Exhibit K and the Council hereby authorizes execution thereof.
7. Concessions. The City shall grant the Developer authority to operate sale and
delivery of concessions on land to the west of the existing centerline of South Gulfview Drive,
adjacent to the Project site, subject to any existing or future franchise or concession rights and
compliance with all requirements of the City Code. Such concessions must be available to the public
and may include delivery of food from the Resort Hotel restaurant, delivery of non-alcoholic drinks,
providing or renting of towels and sale of minimal beach sundries, but not including benches,
lounges, umbrellas and side tables. Notwithstanding the foregoing, in regard to beach chairs,
lounges, umbrellas, side tables ("Beach Concessions") and the level of services associated with the
provision thereof, the City shall retain the right to utilize a concessionaire to provide said Beach
Concessions. The City agrees that the City concessionaire shall offer the Beach Concessions which
comply with the standards set out on Exhibit 0 and attached hereto and made a part hereof. If the
City's franchisee fails to comply with the standards in Exhibit 0, Developer may send written notice
to the City specifying the non-compliance, after which the City has thirty (30) days to cure said non-
compliance. In the event that the non-compliance is not cured within thirty (30) days, the City agrees
that the Developer may thereafter provide the Beach Concessions and shall retain allincome derived
therefrom. If the Developer assumes control of the Beach Concessions, and the City receives
documented complaints that the Beach Concessions are being denied to non-hotel guests or if
Developer fails to comply with the standards set out in Exhibit 0, the City may send written notice to
Developer specifying the non-compliance. In the event that the non-compliance is not cured within
thirty (30) days, the City may take back the Beach Concessions. Nothing herein shall prohibit
Developer from negotiating directly with City's concessionaire for service to Resort Hotel guests
within the terms of that concessions agreement.
8. Timelv Completion. The City and the Developer recognize the importance of the
timely completion of the proposed Proj ect and of the completion of South Gulfview and Beach Walk
Improvements, and time is deemed to be of the essence. The City considers this Agreement as
overall authority for the Developer to proceed to obtain all required permits, and agrees to implement
a fast-track review, permitting, and inspection program for the Project.
9. Project Construction. The City agrees to reasonably cooperate with the Developer
regarding the staging area necessary for the construction of the Project. The City agrees to the
Developer's use of City property to the west ofthe Project Site, east of South Gulfview Boulevard,
contingent upon the Developer returning such area to its improved condition within 30 days of
receipt of certificate of occupancy.
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5.04. Obligations ofthe Developer.
1. Development and Operation ofthe Proiect. The Project shall be built and operated
in accordance with the requirements set forth in this Agreement. The Resort Hotel which is a
component ofthe Project, shall contain no more than two hundred and fifty (250) Hotel units and no
more than two hundred (200) Interval Ownership Units. The Resort Hotel shall conform to the
Minimum Quality Standard as provided for in Exhibit C.
2. Responsibility for On-Site Costs. Except as expressly stated otherwise in this
Agreement, the Developer shall be responsible for all on-site costs relative to the development of the
Project, including, to the extent Developer is obligated to provide them, the cost of construction,
operation, and maintenance of the Public Parking Spaces.
3. Second Street. In conjunction with and conditioned upon the Vacation of First
Street, the Developer shall construct, at Developer's cost, all the necessary improvements for the
Second Street, including pavement, sidewalks and streetscaping. Construction of Second Street shall
be completed on or before the issuance of a final certificate of occupancy for the Project described in
the Second Amended and Restated Development Agreement for Property in the City of Clearwater
between the City and Beachwalk Resort, LLC. A representative cross section reflecting such
improvements is attached hereto as Exhibit L.
4. Public Parkin2 Spaces: Parkin2 Protocol If applicable, the Developer may charge
fees to the public for use of the Public Parking Spaces, on terms and rates which are market-based
and commensurate with terms and rates which are in effect for comparable beachfront, covered
parking structures in Florida resort areas (the "Parking Fee"). Developer may retain all such fees,
subject to taxes and similar impositions generally applicable to such income. Public Parking spaces
within the Project shall be no narrower than nine (9) feet and no shorter than nineteen (19) feet, and
no two-way aisle shall be less than twenty four (24) feet in width. The Developer shall provide (i)
eight (8) Public Parking Spaces by valet only, or (ii) may make payment to the City in lieu of
providing such spaces of no more than $30,000 per space or $240,000 total. Such payment shall be
calculated based on the actual price of construction of City-provided public parking on Clearwater
Beach but in no way shall exceed agreed upon price.
The Developer shall implement the Parking Protocol described on Exhibit 0, which
shall be applicable to all parking with in the Project.
6. Dedication of Palm Court easement area. The Palm Court easement area shall be
open to the public and operated in accordance with the terms of the Easement Agreement.
7. Developer's Pro Rata Share. The Developer shall be responsible for its Pro Rata
Share, less only the transportation impact fee credits which may be credited against the Developer's
Pro Rata Share. The Developer's Pro Rata Share shall be determined and paid as follows:
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~-$l.L"'__1 ""...
The City has completed construction of all of the South Gulfview and Beach Walk
Improvements. The Developer has established a letter of credit, trust account or escrow
facility for the payment of the Developer's Pro Rata Share (the "Share Payment Facility").
The Share Payment Facility makes provision for the City to be able draw down the
Developer's Pro Rata Share in amounts equal to the percentage completion certified by the
City Manager of the City multiplied times the Developer's Pro Rata Share. The Developer's
Pro Rata Share is the Net Cost of the South Gulfview and Beach Walk Improvements
multiplied by a fraction in which the front footage of the Project Site along the South
Gulfview and Beach Walk Improvements is the numerator and the total frontage along South
Gulfview and Beach Walk Improvements is the denominator (the "Share Formula").
In the event that the Developer's Pro Rata Share is less than anticipated above, to the extent
the City has received any payment in excess thereof, the City shall return to the Developer
any such excess payment within thirty (30) days of such determination. In the event the
Developer's Pro Rata Share exceeds the amounts received in payment thereof as of
completion of the South Gulfview and Beach Walk Improvements, the Developer shall pay
the City the difference within thirty (30) days of written request from the City.
9. Covenant of Unified Use. Prior to the issuance of the first building permit for the
Proj ect, the Developer hereby agrees to execute the covenant of unified use and development for the
Project Site providing that the Project Site shall be developed and operated as a single project, the
form of which covenant is attached as Exhibit J; provided however, that nothing shall preclude the
Developer from selling the Interval Ownership Units or from selling all or a portion of the
Developer's Property in the event that Developer determines not to construct the Project. It is
understood and agreed that, in the event that the Developer enters into the anticipated covenant of
unified use and development, and the Developer elects not to construct the Project and notifies the
City of its election in writing, and, alternatively, as of the date of expiration, termination or
revocation any rights of Developer to incorporate the Destination Resort Density Pool 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 Pin ell as County, Florida.
10. Proiect Oblil!ations. Developer intends to diligently pursue the redevelopment of the
Project Site by pursuing (a) the preparation of Project Plans and Specifications, (b) approvals by
governmental authorities necessary for development of the Project, (c) construction of various
private improvements on the Project Site and (d) to the extent that a final certificate of occupancy is
issued for the Project, the operation of the Project as a unified and integrated project.:., The
Developer shall take all actions necessary to maintain control of the Project Site from the
Commencement Date until the Completion Date.
11. Dedications. As a condition of the issuance of a building permit for the Project, but
contingent upon the City effecting the Vacations of Rights-of-Way and the Land Exchange the
Developer shall make the Second Street Dedication, the Coronado Dedication and effect the Land
Exchange.
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ARTICLE 6. rINTENTIONALL Y OMITTED.l
ARTICLE 7. CONSTRUCTION OF THE PROJECT.
7.01 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 public improvements.
7.02 Construction Sequencing. The Developer shall construct the Project in a manner and
fashion which will reasonably minimize the inconvenience experienced by property owners of
Clearwater Beach and the residents of the City directly resulting from the construction of the Project.
7.03 Construction Plan. The Developer shall submit to the City a construction management plan.
Such plan shall provide for the maintenance of or replacement of public improvements impacted by
construction including but not limited to North and South Gulfview, Beach Walk, Coronado, Second
Street and all associated green space, landscaping and streetscaping.
ARTICLE 8. [INTENTIONALLY OMITTED]
ARTICLE 9. REPRESENT ATIONS, 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. To the extent that the Developer is an entity, as opposed to a natural person, the
Developer is 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 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 person, 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 Developer, (iii) contravenes or results in any breach of,
default under or results in the creation of any lien or encumbrance upon any property of the
Developer under any indenture, mortgage, deed of trust, bank loan or credit agreement, the
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Developer's Articles of Incorporation, 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 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 unit holder, shareholder, officer or employee 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 information and other documentation, including that pertaining to the Project or
the Developer, delivered by the Developer to the City was, to the best of the Developer's knowledge,
on the date of delivery thereof, true and correct.
7. The principal place of business and principal executive offices of the Developer is in
Miami, Florida.
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 Project as
contemplated by this Agreement, meaning that, as of that date, Developer has the financial ability to
retain professional services required to obtain the required approvals for and produce documentation
required in connection with the Project and has the ability to seek financing for the construction of
the Project.
9. The Developer has the experience, 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, meaning that, to the extent that the Developer
does not hold the professional licenses or possess the expertise required to execute any single aspect
of the Project, such as, without limitation, a general contractor's license, the Developer has the
expertise to retain and supervise such persons as are required to develop the Project.
16
9.02. Covenants. The Developer covenants with the City that until the earlier of the Termination
Date (hereinafter defmed) 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. 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 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 will be applicable thereto.
4. Subsequent to the Effective Date, the Developer shall maintain its fmancial 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 fmancial capability to successfully and
completely develop, construct and complete the Project as contemplated hereby.
ARTICLE 10. CITY REPRESENTATIONS, WARRANTIES AND COVENANTS.
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 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.
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 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 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
17
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 this Agreement to which
the City is or will be a party constitute, 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 in effect which affect creditors' rights generally and subject to usual equitable
principles in the event that equitable remedies are involved.
lO.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
contained 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 City.
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 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. 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, which will prevent or adversely affect the
development of the Project.
ARTICLE 11. DEFAULT; TERMINATION.
I1.01.Project Default by the Developer.
1. There shall be an "event of default" by the Developer pertaining to the entire Project if
the Developer shall fail to substantially perform or comply with any material provision of this
Agreement applicable to it within the time prescribed therefor.
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2. a. If an event of default by the Developer described in subparagraph (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 period, then if the
Developer shall not have commenced to cure such default within such thirty (30) day period and
shall not have diligently prosecuted such cure to completion within such reasonable longer period of
time as may be necessary (provided, however, ifthe 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 after the notice of default has been given by the City
to the Developer, and such extended curative period may be ended by the City electing to do so upon
any Project lender finding the Developer to be in default of any Project financing and the curative
period therefor has expired without such event of default being cured) then, in addition to any
remedy available under Paragraph 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
fail 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.
b. Any attempt by the City to pursue any of the above referenced remedies will
not be deemed an exclusive election of remedy or waiver of the City's right to pursue any other
remedy to which either may be entitled.
c. 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 period.
3. Notwithstanding any provision of this paragraph, a default by the Developer shall not
affect the title of any Residential unit or common area conveyed by the Developer to an unrelated
third party or to a Residential Condominium association which is not controlled by the Developer.
11.02. Default by the City.
1. There shall be an "event of default" by the City under this Agreement in the event the
City shall fail to substantially perform or comply with any material provision of this Agreement
applicable to it.
2. a. If an event of default by the City described in 11.02(1) shall occur, the
Developer shall provide written notice thereofto the City, and, after expiration of any applicable
curative period equivalent to that described in Paragraph 11.01 (2)( a)above, Developer 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 remedies to which the Developer is entitled.
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b. Any attempt by the Developer to pursue any of the above referenced remedies
will not be deemed an exclusive election of remedy or waiver of the Developer's right to pursue any
other remedy to which it might be entitled.
c. 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 period.
11.03. 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, the performance of its obligations by
the Developer while the City shall at such time be in default of its 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.
11.04. Non-Action on Failure to Observe Provisions ofthis Agreement. The failure of the City or
the Developer to promptly or continually insist upon strict 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 not be deemed a waiver of any
right or remedy that the City or the Developer may have, and shall not be deemed a waiver of a
subsequent default or nonperformance of such term, covenant, condition or provision.
11.05.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
rights, benefits, 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 entitled to the
benefits and rights granted in this Agreement and is no longer subject to any restrictions, limitations
or encumbrances imposed by this Agreement. Such certificate shall also state the date as of which
such termination is effective (the "Termination Date"). Notwithstanding anything to the contrary in
this Agreement, neither party shall have the right to require the other party to agree to a termination
of this Agreement.
2. The certificate described in subparagraph (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 Pin ell as County, Florida.
ARTICLE 12.
RIGHT TO CONTEST.
20
12.01. Right to Contest. The Developer may, at its sole discretion and expense, after prior written
notice to the City, contest by appropriate 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 appropriate governmental authority against the Developer, the
Project (or any part thereof), the Project Site, furniture, fixtures, equipment or other 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. Notwithstanding the foregoing, the Developer may not contest
impact fees or other public charges of a similar nature levied by the City after such fees have been
paid by the Developer and received by the City.
ARTICLE 13.
ARBITRATION.
13.01. 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
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
periods provided herein for such performance by that party shall be tolled during the pendency of the
arbitration proceeding affecting such performance.
13.02. Appointment of Arbitrators.
1. a. Unless accelerated arbitration as provided in Paragraph 14.08 hereof is
invoked, any party invoking arbitration herewith shall, within five (5) days after giving notice of
impasse in the dispute resolution process or upon the expiration of the time period for such
arbitration to be invoked, give written notice to that effect to the other party, and shall in such notice
appoint a disinterested person who is on the list of arbitrators having at least ten (10) years of
experience in litigating complex civil disputes maintained by the American Arbitration Association
("qualified arbitrator") 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 appointed, as one of the arbitrators.
b. Within ten (10) days after receipt of the notice described in subparagraph (1),
the other party shall by written notice to the original party acknowledge that arbitration has been
invoked as permitted by this Agreement, and shall either accept and approve the appointment of such
individual set forth in the original notice as a sole arbitrator or shall appoint one (1) disinterested
person per party of recognized competence in such field as an arbitrator.
21
2. a. If two (2) arbitrators are appointed pursuant to subparagraphs (a) and (b)
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
subparagraphs (a) and (b), the first arbitrator shall, after ten' (1 0) days notice to the parties, proceed to
determine such matter.
c. If the two (2) arbitrators appointed by the parties pursuantto subparagraphs (a)
and (b) 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 written notice of such failure to agree to
the parties, and, if the parties then fail 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 Florida (or if more than one office, the office located closest to the City) of the
American Arbitration Association (or any successor organization thereto), or, in its absence, refusal,
failure or inability to act, request such appointment of such arbitrator by the United States District
Court for the Middle District of Florida (which request shall be filed in the division of that court
responsible for the geographic area including the City), or as otherwise provided in Chapter 682, F.
S., known and referred to as the Florida Arbitration Act, as amended.
13.03. General Procedures. In any arbitration proceeding under this part, the parties 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 Commercial Arbitration Rules and procedures of the
American Arbitration Association (or any successor organization thereto), unless specifically
modified by this Agreement, or as then agreed to by the parties hereto.
13.04. Majority Rule. In any arbitration proceeding under this part, the determination of the
majority of the panel of arbitrators, or ofthe 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
stating his or their determination and specific findings which form the basis therefor within thirty
(30) days after the conclusion of the hearing or final submission of all evidence or argument.
13.05. Replacement of Arbitrator. In the event of the failure, refusal or inability 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 original appointment ofthe affected arbitrator in Paragraph 14.02 hereof.
22
'-.$.-~~ .
13.06. 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 arbitrator(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 requires performance by the City, the City covenants and agrees
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 1;'endered under this part, shall be
construed to require any payment by the City to the Developer not otherwise provided for herein
13.07. 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 ofthis
Paragraph 13.07, "expenses" shall include the fees and expenses of the arbitrators and the American
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 absence of such Agreement shall be the
responsibility of the party incurring such fees or costs.
13.08. Accelerated Arbitration.
1. a. If either 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 Paragraph 13.02 hereofhas been made, either party to such proceeding
may invoke accelerated arbitration by giving notice thereof to the other party no later than three (3)
days after arbitration has been initially invoked and the other party does not object within three (3)
days thereafter.
b. Accelerated arbitration, for purposes of this Paragraph 13.08, shall be
accomplished by either party notifying the American Arbitration Association (or any successor
organization thereto) that the parties have agreed to have a single qualified arbitrator be appointed by
the American Arbitration Association (or any successor organization thereto) with the consent of the
parties to such proceeding within three (3) days after receipt ofthe 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 subparagraph (2) is received by the
American Arbitration Association, the accelerated proceeding under this Paragraph 13.08 shall
terminate and the procedures otherwise set forth in this Article 13 shall apply, unless the parties
mutually agree to an extension of such time period.
23
'-~'~L"._Y. ""....
2. The Developer and the City hereby agree to use such accelerated procedure only when
reasonably necessary, to not contest the appointment 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
Paragraph 14.08, remain in effect and applicable to an accelerated arbitration proceeding.
13.09. 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 Florida Arbitration Code.
13.10. Arbitration Proceedings and Records. Any arbitration hearing under this article shall be
considered a meeting subject to Section 286.011, F. S., 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 sale arbitrator or a panel of arbitrators acting under this part), the
record of such proceedings shall be a public record under Chapter 119, F. S.
ARTICLE 14.
UNAVOIDABLE DELAY.
14.01. 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 described in
subparagraph (2) as an event of "Unavoidable Delay" shall be excused in the manner provided in this
Paragraph 14.01.
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 a public enemy, riot, insurrection, war, pestilence,
archaeological excavations required by law, unavailability of materials after timely ordering of same,
severe economic crisis as declared by reputable economist, epidemics, quarantine restrictions, 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
period preceding the Effective Date), strikes or labor disturbances, delays due to proceedings under
Chapters 73 and 74, F. S., 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 party to this Agreement, or acts of any
governmental authority (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 subparagraph (3) and in
subparagraph (4) as the "Applicant") for an extension of time pursuant to this subparagraph must be
in writing, 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 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.
24
'-:T-~_J!!I_pt ......-'11
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 rights, duties and obligations under this Agreement affected by such occurrence.
ARTICLE 15. RESTRICTIONS ON USE.
15.01. Restrictions on Use of Project Site. Prior to the earlier of the Termination Date or the
Expiration Date, no use of the Project, other than as described in Paragraph 2.03, shall be permitted,
other than the operation or modification 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 restriction imposed by this paragraph. The City Council 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 in connection with the
pursuit of the development described in this Development Agreement. Unless specifically requested
and approved, a release of the restriction imposed by this paragraph shall not release the Developer
from any obligations or restrictions imposed by this Agreement or any agreement, instrument or
document contemplated hereby.
ARTICLE 16.
MISCELLANEOUS.
16.01. 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 right, title, interest and obligations in and to the
Project, or any part thereof, only with the prior written consent of the City, provided that
such party (hereinafter referred to as the "assignee"), to the extent ofthe 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.
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
25
~..7'~lIL"'_
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
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 acquirer 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 any other
Parcel by virtue ofthis Agreement unless and until such assignee, purchaser, sublessee or
acquire has expressly assumed the Developer's such other obligations.
e. Notwithstanding any other provision of this paragraph, the sale of
individual Interval Ownership Units in the ordinary course of business shall not be
subject to the requirements of this paragraph.
16.02. 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, as applicable to the parties comprising
Developer, their personal representatives, trustees, heirs, successors and assigns, except as may
otherwise be specifically provided herein.
16.03. 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 mail, 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:
K & P Clearwater Estate, LLC
Attn: Dr. Kiran C. Patel
5600 Mariner, Suite 200
Tampa, FL 33609
City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 33756
Attn: City Manager
with copies to:
with copies to:
E.D. Armstrong III, Esquire
911 Chestnut Street
Clearwater, FL 33767
Pamela K. Akin, Esquire
Clearwater City Attorney
112 S. Osceola Avenue, 3rd Floor
Clearwater, FL 33756
26
2. Notices given by courier service or by hand delivery shall be deemed received upon
delivery, and notices given by mail shall be deemed received on the third (3rd) business day after
mailing. Refusal or failure 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 Paragraph 16.03. The addresses to which notices are to be sent may be
changed from time to time by written notice delivered to the other parties. Until notice of change of
address is received as to any particular party hereto, all other parties may rely upon the last address
gIven.
16.04. 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 both equally.
16.05. 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 acknowledge, consent to, and agree that venue thereof is Pinellas
County, Florida.
2. Each party to this Agreement hereby submits to the jurisdiction of the State of
Florida, Pinellas County and any federal courts having jurisdiction, 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 (or any of its permitted
successors and assigns) is not a resident of Florida and , to the extent required by law, does not
register with the State of Florida the identity and location within the State of its registered agent for
purposes of service of process and, otherwise has no officer, employee or other agent available for
service of process within 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 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 Paragraph 16.03.
16.06. Estoppel Certificates. The City shall at any time and from time to time, upon not less than
ten (10) days prior notice by Developer, execute, acknowledge and deliver to the Developer and
other persons reasonably designated by Developer a statement in recordable form certifying, to the
extent true, 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 the City, neither it nor Developer is
then in default hereof (or if either party is then in default hereof, stating the nature and details of such
27
.~"...~ .
default), it being intended that any such statement delivered pursuant to this Paragraph 16.06 may be
relied upon by any prospective purchaser, mortgagee, lender, successor, assignee of any mortgage or
assignee of the respective interest in the Developer or the Project, if any, of any party made in
accordance with the provisions of this Agreement.
16.07. 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 prior agreements, understandings,
representations, correspondence and statements, whether written or oral.
2. Any provision of this Agreement shall be read and applied in pari materia with all
other provisions hereof.
3. This Agreement cannot be changed or revised except by written amendment signed by
all parties hereto.
16.08. Captions. The article and paragraph headings and captions of this Agreement and the table of
contents preceding this Agreement are for convenience 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, paragraph, subparagraph, or provision hereof.
16.09, 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.
16.10. Exhibits. Each exhibit referred to and attached to this Agreement is an essential part ofthis
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.
16.11. 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.
16.12. Not Agents. During the term of this Agreement, neither party hereunder is an agent of the
other party with respect to any and all services to be performed by such other party (and any of its
agents, assigns, or successors) with respect to or in connection with the Project.
16.13. Recording of Development Agreement. Pursuant to S 163.3239, Florida Statutes (2004), the
City shall record this Agreement in the public records of Pinellas 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,planning agency within fourteen (14) days after the agreement is recorded.
28
16.14 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.
16.15. 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 a pledge ofthe ad valorem taxing
power of 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 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.
16.16. 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 under takings 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.
16.17. Technical Amendments. 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
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 approve such technical amendments on behalf ofthe City 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.
16.18. Term; Expiration; Certificate.
1. If not earlier terminated, this Agreement shall expire and no longer be of any force
and effect on the 10th anniversary of the Effective Date (the "Expiration Date").
2. Upon completion of the term of this Agreement, all parties hereto shall execute an
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.
29
--s__ .
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
13.
4. The Agreement Expiration Certificate shall be in such form as will enable it to be
recorded in the public records of Pin ell as 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 Pin ell as County, Florida and the Developer shall pay the cost of such recording.
16.19. 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 or delayed, unless otherwise expressly
authorized by the terms of this Agreement.
16.20. Effective Date. As provided by S163.3239, 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 planning agency.
[Signature page follows]
30
IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals
below.
The City Florida of Clearwater, Florida
Attest:
By:
By:
City Clerk
Mayor
Approved as to form:
Pamela K. Akin
City Attorney
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of
2008, by and , Mayor and City
Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City.
By
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
Witnesses:
K & P CLEARWATER ESTATE" LLC, a Florida
limited liability company
By: K & P Partners Limited
Partnership, a Florida limited
Partnership, Manager
By: K & P Holding, L.C., a
Florida limited liability company,
General Partner
By:
Kiran C. Patel
Managing Member
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of , 2008,
by Kiran C. Patel, Managing Member ofK & P Holding, L.C., a Florida limited liability company,
General Partner of K & P Partners Limited Partnership,.a Florida limited partnership, Manager of
K & P CLEARWATER ESTATE, LLC, a Florida limited liability company, on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
32
EXHIBIT A
DEVELOPER'S PROPERTY
Parcell:
t..9t 1. BIOQk "a.."'. t::QLTJMBIA St.1DDIVI5ION.~t1Ca9rding .1:OP10.1:. the.reo'f
r..corded in ~l..t Book. .23, ts..~. 60, ~u~lieReeoS"~1I >()~i:'lp.allAs
Cou~ty ,F10r~I;\J-' 'tg~.1;h.r. ~~th the 'V~Q$t;.,4 SO\f.t~.l"ly. 1 .fcotof
Gulf. Viett "'Ql,tle'VAxoda.djoc:ellt. to ~"i4.. Lot '1 .~d . ~1\.. V.!.C.to~
Wf.J.torly 1fopt of (1oroJ'ltldo fjr.f:ve ac1j c'cont tC)'::d<lJ.l;)lh~l!lid
v..o...~ea POi'f.!o~~oln\T ehptfuby RtU.ir,)1\ltionfil~4~CJ""'1Il~.r 21.
1~59,.ifJO.R" lJoe>k?51, r;.ago 40/Public:Recot"tlSofPi!&~~a8
CQunty, Pl<)1"i~t ...Arld~flil~Lot. 4.4i45,46.47,..~.~,~h 92, 93. ~4
95,. 96, And 91,'1'fm ~I.()1D..WHlTE"SKINN;:Rf;UBD;t"ISl()~1 ."'ct;C,)t"~u.n~tg
pl_tthertilpf reQQ'f<14i4 .in Ph.tBook 13, Pa.ges1f.ln~ 13,.f~l?lic
Record:sofPin1}lh.~ ~~n'l)!', FloJ i.da.. tC9'8therwiththe "a.oA~9Q
WtUlterly 1. S6 fee'- gf CQl"on,.,do J)ri'lq~qj*ecnt to said t.()t 93.
Parcclll:
totD.46" . 49, 50, 51, 52 and 98, 'l'he Lloyd-White-Skinner
Subdivis~ont . AE(!Ording to the map or. plat: th.e.reof as
l.'\recortlf!d inl'll~t.:Book~:a, Page 12 t publi.c: Recorc:J.s o~
Pinellas ~ountYi F1orid~.
Parcel Ill:
J,.ot 5S. ttort.h.t).o f~et(;lfLot 56, South 20 feet of L9t lQll EAl).
of.Lot< 102 ~<tJ.~~t;~erto);'t:ll 30 feetfJ.f: Lot j.()3,LtOYl)~NHl'1'EM
Sl\!Nl,f~SUEmlVL~tuNI ~ccording to the map or. plat thereof as
recorded7.tl .Pl?l:Bqc* 13, pages 12 wild 13, p1.\blicrecorda of
l' in~ ll~s county, FJ.origa.
L9~SS3.$l.l,.. S)9,lO() <.\nQ thE! ~<>rtl1e~'~y 30.tt.!C\:. 9f t,gl: 101,
1.1.oY1'.>~NIUTE..SKI~1NEg SUafJIVISION, according to the map or plat
t;hl:.!:r;(.!p~i1S .r9corc1cd io l'lat aook .13/ pagElo ~2 and :13, pub}ir.
rC'C'c.,rdr 0' P5p~J.)as C'olJt1ty,F)orHJ(l.
33
EXHIBIT A-I
First Street Dedication.
34
It: :2006158424 BK: 15085 'PG: 2109, 04{28/2006 at'11:04 AM, RECORDING 1 PAGES
$10.00 .D DOC STAMP COLLECTION $3500.00 KEN BURKE, CLERK OF COURT PINELLAS
COUNTY, no BY DEPUTY CLERK: CLKSP18
.1
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Document Preplred by & retum to: ;.;..::...,)
KENNETH G.ARSENAULT.JR. i.f:) )
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TITLE AGENCY OF FLORIDA, INC.,....~, ':
10225 U1merton'Rd. Suite 2 ( c\ Y'
Largo. FL 33771 \ J
Parcel # f~i ':::..
File #06-066 \,\,.5 )
.........;,....'
'. . ':., .1,:0-.1; WARRANTY DEED . . . .
. THIS IN~E~:~}~iS" ~tft d;y of, March 2006, between K &. P cLEARWATER ESTATE, LtC. a
Florida limited liability c~y' . hereinafter called the Grantor. to THE CITY OF CLEARWATER. FLORIDA; . iI .
.Florida municipal cotp6'~hereinatter called the Grantee, ~ving the principal address of: . .
. ,\ \1'2.8,Osceola.Avenue Clearwater. fL 33758" .
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. ~~ ....
. WITNESSETH: .1J1'Ilti~'Grantors, for and in considera:tion of the sum' of ren Dollars ($10.00); and other good and valuable
. considerations, .tI\e.... ~eipt .and sufficiency of which is hereby acknowledged; by t1iese presents do grant, bargain. sell. alien,
remise. releas!,;' ~.orc,~. convey and confirm urito the Grantees. all that certain parcel of land lying and being in the County of
Pinellas. Statci)f Florida, more particularly described as follows:'
i'. '.........l ..
. ((, \ '. '.
The sou~ly.to)l feet of LQt 55,; TOGETHER WITH Lots 56 and 103 LESS The southerly 20.0 feet thereof; . .
. TOG~ wrrHthe southerly 30.0 feet of Lot 102. LLOYD- WHITE-SKINNER SUBDMSION, as recorded in Plat .
Book 6::iagi 12. public records of PlnelJaaCounty, Florida. . . . . . .
('" ...... . . .
sVBi.Ect'ifo TAXES FOR THE YEAR 2006 AND SUBSEQUENT YEARS
S~cT TO RESTRICTIONS AND EASEMENTS OF RECORD.'
" TO HAVE AND TO HOLD the same in fee simple forever.
and the Grantor hereby covenants with said Grantee that it Is. lawfully seized of said land in fee simple: that it hils good
right arid lawfui authority to selland convey said land; that it hereby fully warrants the tide to said land and will defend the
. same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances.
IN WITNESS WHEREOF, Grantors have hereunto set Grantors' hands and seals the day and year first abov~written. .
SIGNED SEALED AND DELIVERED
IN OUR PRESENCE:
WI~S'kA!,
K & P. CLEARWATER ESTATE, LLC
A Florida limited liability company
By: K & P Partners timiied Partnership,
. a Florida limited partnership
As im Managing Member
'~Q~
Witness #2: mr.l"~o. ().. ISla <...
. STATE OF FLORJPA,""},b1.H'7.u....Fl
~~~M~ .'
The foregoing' Instrument was acknowledged before ~e this~y of !:lam .2006, by KIRAN C. PATEL
and PALLAVI K. PATEL, u Managers of K &PHOLDING, LC.. a Florida: limited Iiabihtycompany, as the sole General Partner
of K & P PARTNERS LIMITED PARTNERSHIP, a Florida Limited Partnership as Managing Member of K & P CLEARWATER
ESTATE, LLC. a Florida Iiinited liability company ."
~rsona"YknoWri . J: !ltrh ~
_ Aorlda Driver's License . Notarypubllc . . ."
- Other Identification Produced '. -r: /lJt;;ttJ1t2l<::..eJ2.
Print or type name of Notary .
(SEAU
(i) '. .T.~'Nabr .
i!. : MYCOMIotI~, DDZl417' ElII'lRfs
JuM7,2lIll7
I JClNDID1HIU1IOY'_INIllilHclINC.'
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SKETCH of DESCRIPTrON
SHEET 1 OF 2 SHEETS
PARCEL E
THE SOUTHERLY 20.0 FEET OF LOT 55; TOGETHER WITH LOTS 56 AND 103
LESS THE SOUTHERLY 20.0 FEET THEREOF; TOGETHER WITH THE SOUTHERLY
30.0 FEET OF LOT 102. LLOYD-WHITE -SKINNER SUBDMSION AS RECORDED IN
PLAT BOOK 13, PAGE 12, PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA.
CONTAINS: 12,600 SQUARE FEET (0.2893 ACRES), MORE OR LESS.
PLS
LB
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PCB
LEGEND
PRllFESSIONAL INlD SUlM:YIlR
I.ICfNSED IIUSINESS
PlAT ~
DEED or ~ 1NFllRMA11ON
POIIfT Of IIElllNIING
NOTES:
1. NO INSTRUMENTS OF RECORD RUlECllNG EASEMENTS. RIGHT OF WAY AND/OR
OWNERSHIP WERE FURNISHED TO THIS SUIM.YOR EXCEPT AS SHOWN.
2. THIS SKETCH DOES NOT REFLECT OR DETERMINE OWNERSHIP.
3. USE OF THIS SKETCH BY ANYONE OTHER THAN THOSE PREPARED FOR WILL BE THE
RE -USERS SOlE RISK WITHOUT UABlUlY TO THE SURVEYOR.
4. THE SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT 1m.E COIlIlm.tENT
AND IS SUBJECT TO EASEMENTS. RIGHTS-OF-WAY AND SIMILAR MATTERS OF 11Tl..E.
PREPARED FOR.
The Related Group
DATE: 4/28/08
(DRAWINGI I
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I F1eld Book I .
) Pages I.
8021
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SUNCOAST LAND SURVEYING, InC.
I 111 FOREST LAKES BOULEVARD
I Ol.DSMAR, FI.A. 346n
~ BOUNDARY - 1tI'OGRAPHIC - ClIISIRUClIl* STAKEOOT
LB 4513 PHONE: (813) 1154-1342 FAX: (813) 85S-6B9D
.
SURVEYOR's CER1IflCA 1E
I ......., CIltiIy tbal .. SUMl' dopicIIII ...... _ perfanned _ 1IIJ' RESPOIISIlE
awIGE an tIlo dalII(o) ........ and _ tIlo.... 'IB:HlICAL _ III _ by
tIlo FI.ORIIlA IIlWlD Of PRllflSSIOIW. INIII SUlM.'tllRS in 0IGpW 11G17-6, fUlRIllA
_lNE aIlE __ ... Soc6on 472.027, R.lIlIIlA srA1UIES.
~~'~~J.iM~~R.lIlIIlALmQD
.liEftRy A. COPElAND, PlS No.5279
SKETCH of DESCRIPTION
SHEET 2 OF 2 SHEETS
t
SCALE: 1. = 30'
~
O' 15' 30'
,
J SUNCOAST LAND SURVEYING. Inc.
111 FOREST LAKES BOULEVARD
OLDSMAR, FlA. 34677
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LB 4613
BOUNDARY - TOPOGRAPHIC - CQlSlRUCnON STAKEOUT
PHONE: (813) 854-1342 fAX: (813) 855-6890
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THE LLOYD-WHITE-SIiINNER SUBDIVISION 1-'
PlAT BOOK 13 PAGE 12-13 I '
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---- 110'( I -
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PER O.R. BOOK P 5065 PAGE 2109
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-------_ ,20.00 FEET THE
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LOT 57 100:cP)- ----_~
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EXHIBIT A-2
V ACA nONS OF RIGHTS OF WAY
Ordinances passed 2008
'->_J!! . _~.....
Ii: 2008111902 BK: 16229 PG: 1974, 04/24/2008 at 09:42 AM, RECORDING 4 PAGES
$35.50 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK:
CLKDM03 .
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1<'~bINANCE NO. 7947-08
. , \ \ }
AN ORDlN"8~CE/ OF THE CITY OF CLEARWATER,
FLORIDA, ~NDING ORDINANCE NO. 7372-05. WHICH
VACATED A.PORTlON OF THE EASTERLY ONE-HALF OF
THE ..~O~EOOT RIGHT-OF-WAY OF GULFVJEW
BOUbeV~~D, (A.KA. SOUTH GULFVIEW BOULEVARD
PER~ J;lstD), SUBJECT TO SPECIAL CONDITIONS;
~r.t=~~rNG THE REQUIRED DATE FOR
~~NCEMENT OF VERTICAL CONSTRUCTION;
p.RQ'lfbING AN EFFECTIVE DATE.
"~ '0 ..
WH~~ in Ordinance No. 7372-05. the City of Clearwater vacated the right-of-
way dePJ~tect l.rExhibit A attached hereto, Subject to certain conditions; and
.r/.~,. ") . . .
~REAS, pursuant to the request of K and P Clearwater Estate, LLC, the
"De~eR~rl' the City Council finds that it is deemed to be in the best interest of the City
an~\tfut.'g~neral public to am~nd the conditions of the vacation; now,' therefore,
I .~.... / .
~ ,_..
(~.) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
. <>~) OF CLEARWATER, FLORIDA:
(''"\ l .
"____"':' Section 1. The following:
"
A parcel of land being a part of Gulf View Boulevard, as depicted on the plat of Columbia
Subdivision, according to the plat thereof. as recorded in Plat Book 23, Page 60, of the
Public Records of Pinellas County, Florida, and being a part of said Gulf View Boulevard,
as depicted on the plat of L1oyd-White...skinner Subdivision, according to plat thereof, as
recorded in Plat Book 13, Pages 12 and 13, of the Public Records of Pinellas County,
Florida, all lying in the east ~ of Section 7; Township 29 South, Range 15 east, Pinellas
County, Florida, and more fully described in the legal description Exhibit "A" attached
hereto; .
Together with a parcel of land being a part of Gulf View Boulevard, as depicted on the
plat of Columbia Subdivisie.Jn, according to the plat thereof, as recorded in Plat Book 23,
Page 60, of the Public Records of Pinellas County, Florida, lying in the east % of
Section 7, Township 29 South, Range 15 East, and the west ~ of Section 8, Township
29 South, Range 15 East, Plnellas County, Florida, and more fully described in the legal
description Exhibit -B" attached hereto, are hereby vacated, subject to the following
conditions:
1) The project described within the Development Agreement between the City of
Clearwater' and K & P Clearwater Estate, LLC ("Development Agreement")
shall commence vertical construction no later than March 3, 2010.
2) Developer shall demolish and remove existing structures on the project site by
. October 31, ?008. . .,
3) All public and private utilities shall be relocated by K & P Clearwater Estate,
Ordinance No. 7947"()8
"",;'
PINELLAS COUNTY FL OFF. REC. BK 16229 PG 1975
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LLC at its own r~~R~ and to the approval and acceptance of the utility
owners with all ~11t...Qf)service utilities removed prior to the completion of the
project. (") ,':;;,-/ .
4) The public ve\1Ic.QJ~r and pedestrian use of the subject right of way shall be
maintained untJt--slich time as a suitable paved roadway is constructed to the
west of tt}a..s~.biect right of way to accommodate two lanes of two way traffic
capacity..........."..../' " .
5) Payme~t.wige Developer's pro rata share of the Beach Walk Construction as
identi.fted;irxThe Development Agreement.
6) Th~' ~~tJ6n ordinance shall be rendered null and void if any of the preceding
co I'fiti(Sns are not met. .
~, I
t~':/
('/...... "
S' /~~: The City Clerk shall record this ordinance in the publi'c records of
Pinella;;,"~ ..:~J Florida, following adoption.
...... I
/~.s~tton 3. This ordinan'ce shall take effect immediately upon adoption.
\ \J l .
~,' I '.
'-, '""pASSED ON FIRST READING April 3, 2008
,1-"":'" ...,
\. ,,_.....
(~.) PASSED ON SECOND AND FINAL
1;-.) J READING AND ADOPTED April 17, 2008
",-...i
. I
Approved as to form:
JL~fi
Pamela K. Akin
City Attorney
RE1lJRH TO: CtTY ClERK
112 S. osceOlA AVE.
CLEARWATER, FL 33756
.
."
~~I/.~
Mayor
Attest:
2
PlNELLAS COUNTY FL OFF. REC. BK 16229 PG 1976
EXHIBIT "A"
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ORDINANCE 7947-08
.
,/
A PARCEL OF ~'No)~EING A PART OF GULF VIEW BOULEVARD, AS
DEPICTED O~"l~./PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO
THE PLAT TkfE~s0F, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE
PUBIC REctiMS OF PINELLAS COUNTY, FLORIDA, AND BEING A PART
OF SAID ('U},~...VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF LLOYD-
WHITE ~INNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECOR'R~ PLAT BOOK 13, PAGES 12 AND f3, OF THE PUBLIC
RECO'RQ&.OF PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST ~ OF
SECt~gNl, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY,
- FU(R1,DA; BEING MORE PARTICULARLY DESCRIBED BELOW:
,..--." '" . .
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ta.E~fNNING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD-
/....:W):.lITE-SKINNER SUBDIVISION: THENCE S.05032'30W. ALONG THE EAST
.. .
t"'.....)lfGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 90.06 FEET
/"~'\ \"fO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE S.OSG32'30'W., A
'-., v f DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF LOT 48, OF
'--' AFORESAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE
S.05032'30'W., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF
VIEW BOULEVARD, A DISTANCE OF 154.9S FEET; THENCE ALONG SAID
EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF
160.4S FEET; "THENCE N.84G27'30'W., A DISTANCE OF 34.98 FEET; THENCE
N.Oso32'30"E. ALONG THE CENTERLINE OF SAID GULF VIEW BOULEVARD,
A DISTANCE OF 456.33 FEET; THENCE-S.41028'18"E., A DISTANCE OF 16.55
FEET; THENCE S.05"29'40"W., A DISTANCE OF 0.58 FEET; THENCE
S.84"30'20"E., A DISTANCE OF 6.00 FEET; THENCE N.OS"29'40"E., A
DISTANCE OF 18.97FEET; THENCE CONTINUE N.05"29'40"E., A DISTANCE
OF 1.03 FEET; THENCE N.41"00'13'W., A DISTANCE OF'17.95 FEET;
THENCE N.48031'37"E., A DISTANCE OF 14.15 FEET; THENCE N;90"00'00"E.,
A DISTANCE OF 34.32 FEET TO A POINT OF NON-TANGENT CURVE;
THENCE SOUTHWESTERLY ALONG AFORESAID EAST RIGHT-OF-WAY OF
GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A
RADIUS OF 34.00 FEET, AN ARC OF 26.87 fEET, A CHORD OF 26.18 FEET
AND A CHORD BEARING OF S.28011'29'W.; THENCE S.05"32~30"W. ALONG
SAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF
0.88 FEET; THENCE N.90"00'OO'W., ALONG THE NORTH BOUNDARY OF
AFORESAID LOT 44, A DISTANCE OF 3.82 FEET TO THE POINT OF
BEGINNING. .
CONTAINING 16687.11 SQUARE FEET OR 0.38 ACRES, MORE OR LESS.
~ IN
.
PINELLAS COUNTY FL OFF. REC. BK 16229 PG 1977
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EXHIBIT."B" (C" )" ORDINANCE 7947-08
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A PARCEL OF LANO....BEING A PART OF GULF VI8N BOULEVARD, AS
DEPICTED ON !..~/"LAT OF COLUMBIA SUBDIVISION, ACCORDING TO HE
PLAT THEREOR'~S RECORDED IN PLAT BOOK 23, PAGE 60, OF THE
PUBLIC REq.6~{i),S)bF PINELLAS COUNTY, FLORIDA, LYING .IN THE EAST ~
OF SECTIO~f~~\1;OWNSHIP 29 SOUTH, RANGE 15 EAST, AND THE WEST ~
OF SECT~6.fiJ)~rOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS'COUNTY,
FLORID~~$G MORE PARTICULARLY DESCRIBED AS FOLLOWS: .
COM~~~G AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-
. WHI}~~INNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECO~bED ON PLAT BOOK 13, PAGE 12 AND 13, OF THE PUBLIC RECORDS
OF~(~ELLAS COUNTY, FLORIDA; THENCE N.90DOO'OO"E., ALONG THE
~'050tff BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE
;-NJ>s .32'30"E. ALONG. THE EASTERLY RIGHT OF WAY LINE OF AFORESAID
r'::GtJfF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET TO POINT OF A
1~'''-:--..~t1RVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-
......"\wAY OF GULF VIEW BOULEVARD BEING A CURVE TO THE RIGHT HAVlNG A
<:.,.) .RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET, AND A
,_,f CHORD BEARING OF N.28D11'29"E. TO THE POINT OF BEGINNING; THENCE
N90DOO'OOW.; A DISTANCE OF 29.08 FEET TO A POINT OF NON-TANGENT
CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 112.00 FEET, AN ARC OF 102.51 FEET, A CHORD OF
98.97 FEET AND A CHORD BEARING OF N.63D52'46"E.; THENCE
S.89D54'OO;'E., A DISTANCE OF 79.18 FEET TO A POINT OF CURVE; THENCE
SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVlNG A RADIUS OF
40.00 FEET, AN ARC OF 61.30 FEET; A CHORD OF 55.47 FEET AND A CHORD
BEARING S.45D59'54'E. TO A POINT OF NON-TANGENT CURVE; THENCE
WESTERLY ALONG THE SOUTHERLY RIGHT -OF- WAY OF' AFORESAID
GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS
OF 28.66 FEET, AN ARC OF 11.98 FEET, A CHORD OF 11.89 FEET AND A
CHORD BEARING NnD55'43'W.; THENCE N.8954'OQ'W. ALONG SAID
SOUTHERLY RIGHT-OF-WAY OF GULF VlEW BOULDVARD, A DISTANCE OF
145.71 FEET TO A POINT OF CURVE; THENCE WESTERLL Y ALONG SAID
SOUTHERLY RIGHT-OF-ASY OF AFORESAID GULF VIEW BOULEVARD
BEING A CURVE TO THE CURVE TO THE LEFT HAVING A RADIUS OF.34.00
FEET, AN ARC OF 23.30 FEET, A CHORD OF 22.84 FEET AND A CHORD
BEARING OF S.70D27'47W.TO THE POINT OF BEGINNING.
CONTAINING 6256.56 SQUARE FEET OR 0.1436 ACRES, MORE OR LESS.
0'
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It: 2008111903 BK: 16229 PG: 1978, 04/24/2008 at 09:42 AM, RECORDING 2 PAGES
$18 . 50 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK:
CLKDM03
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( (Q..'1DINANCE NO. 7948-08
.-\ '-' /
AN ORDI~N~"E OF THE CITY OF CLEARWATER,
FLORIDA, \@ENDING ORDINANCE NO. 7371-05 AS
. AMENDED BY ORDINANCE NO. 7598-06, WHICH
VACAt~,~'PORTION OF THE SO-FOOT RIGHT-OF-WAY
OF FtRSJ.,,AVENUE, (AKA FIRST STREET PER FIELD),
SUB)ee:r:) TO SPECIAL CONDITIONS TO AMEND THE
S~' .~~ CONDITIONS; 'PROVIDING AN EFFECTNE
"'~T, ..,/
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,......, l .
WHfZR.S\~ in' Ordinance No. 7371-05, the City of Clearwater vacated the right-of-
way depiGf~c;l'j;,.,Exhibit A attached hereto, subject to certain conditions; and
.... '.
/" ....
~~EAS, Ordinance No. 7371-05 was ,amended by Ordinance No. 7598-06 to
exten.d~thi1:iate for commencement of vertical construction to March 3, 2008; and
( ("\ ),'
(....::...... ~J'tEREAS, pursuant to the request of K and P Clearwater Estate, llC, the
ul?)eVerQ.per,. the City Council finds that it is deemed to be in the best interest of the City
~~e general public to amen~ the conditions of the vacation; now, therefore,
l~'.) } BE IT ORDAINED BY THE CITY COUNCil OF THE' CITY '
.......... OF CLEARWATER, FLORIDA:
Section 1. That Section 1 of Ordinance Nd. 7371-05 is hereby amended to read
as follows:
,"
.-
.
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The following:
Vacate a portion of the 60-foot right-of-way of First Avenue, (AKA. First Street per
field), the plat of 1I0yd-White-Skinner Subdivision as recorded in Plat Book 13,
Page 12 of the public records. of Pinellas County, Florida, more particularly
described as: From the southwest comer of Lot 55, 1I0yd-White-5kinner
Subdivision, as recorded in Plat. Book 13, Page 12 of the Official Records of
Pinellas County, Florida, run thence N05032'30"E along the easterly right of way
line of Gulf View Boulevard as shown on said plat a distance of 335.00 feet to the
Point of Beginning, said point also being the northwest comer of lot 48 of said
Lloyd White Skinner subdivision, thence 'N05"32'30"E 60.00 feet to the southwest
comer of Lot 44, L1oyd-White-Skinner Subdivision; thence S84"27'30"E along the
northerly right of way line pf First Avenue, Lloyd-White-Skinner Subdivision a
distance of 192.00 feet; thence S05C132'30'W along a line 1 a feet west of and
parallel with the westerly right of way line.of Coronado Avenue as shown on the
plat of Uoyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly
right of way line of said First Avenue; thence N84027'30"W along said southerly
right of way line a distance of 192.00 feet to the Point of Beginning, SUbject to the
following conditions: ' .
Ordinance No. 7948-08
PlNELLAS COUNTY FL OFF. REC. BK 16229 PG 1979
.
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,-.... 1.
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....~... '-
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, \ \ .
1) The project de~etywithin the Development Agreement between the
City of ClearWl\~'\and K and P Clearwater Estate, LLC adopted by
. Resolution 04-~,~Jand as thereafter amended, (the Development
Agreemenf1 shall commence vertical construction by no later than
March 3,2{]){t/>
2) . Develop'er.S~ demolish and remove existing structures on the project
site by))~lQ~r 31,2008.
3) All pub~c.~pd private utilities shall be relocated the Developer at its own
exp,epst~l1d to the approval and acceptance of the utility owners with
alk~' Ul.6~!service .utilities removed prior to the completion of the proj. ect,
4) f.ttt~ ation shall become effective only after the Developer grants the
/6O'.;fOQ right of way for Relocated First Street to the City as provided in
" . .
/i!l:!e.pevelopment Agreement ,
:5p:payment by the Developer of the cost of construction of the relocated
...~~ First Street or the posting of security sufficient to guarantee construction
(C.... ~f the relocated First Street as provided in the Development Agreement.
t.......~., ~'This vacation ordinance shall be rendered null and void if any of the preceding
;-:.~ "-., conditions are not met.
l. "\,_....
C..:-.... -
.", .\.;..) Section 2. The City Clerk shall record this ordinance in the public records of
4",. pff}~lIas County, Florida, following adoption.
'-.....
"
, .
. .
\
Section 3. This ordinance shall take effect immediately upon adoption. .
PASSED ON FIRST READING
.PASSED ON SECOND AND FINAL
READING AND ADOPTED
April 3, 2008
April 17. 2008
'~~K~
~ V. Hibbard
Mayor
mas to form:
amela . Akin
City Attorney
.~
rit:IURN TO: CtlY CLERK
112 S. OSCEOlA AVE
Cl.IWWATEA..FL 33756
SKETCH of DESCRIPTION
SHEET 1 OF 2 SHEEIS
PARCEL J
A PARca OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE
PLAT OF COLUMBIA SUBDMSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 23, PAGE 60, OF THE PU8UC RECORDS OF PINELlAS COUNl'f-, FlORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOllOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF llOYD-WHITE -SKINNER
SUBDMSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED ON PLAT .JOOK 13,
PAGE 12 AND 13, OF THE PUBUC RECORDS OF PINEllAS COUNTY, FLORIDA; THENCE
N90"00'OO"E, ALONG THE NORTH BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82
FEET; THENCE N05"32"30"E ALONG THE EASTERLY RIGHT OF WAY UNE OF AFORESAID
GULF VIEW BOUlEVARD, SAID EASTERLY RIGHT OF WAY LYING 1.0 FEET WESTERLY OF
THE WESTERLY BOUNDARY OF LOT 1, BLOCK A, COLUMBIA SU8DMSIQN,' AS RECORDED
IN PLAT BOOK 23. PAGE 60, OF THE PUBUC RECORDS OF PINELlAS COUNTY,
FlORIDA; A DISTANCE OF 0.88 FEET TO POINT OF A CURVE; THENCE NORTHEASTERLY
ALONG SAID EASTERLY RIGHT-OF-WAY OF GULF VIEW BOUlEVARD BEING A CURVE TO
THE RIGHT HAVING A RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26.18
FEET, AND A CHORD BEARING OF N28"11'29"E; THENCE N90"00'OO"W, A DISTANCE OF
34.32 FEET; THENCE S48"31'J7"W, A DISTANCE OF 14.15 FEET FOR' A POINT OF
BEGINNING; THENCE S41'00'13"E, 17.95 FEET; THENCE S05"29'4Q"W, 20.00 FEET;
THENCE N84'30'20"W, 6.00 FEET; THENCE N05'29'40"E, 0.58 FEET; THENCE
N41'28'18"W A DISTANCE OF 16.55 FEET TO A POINT OF INTERSECTION WITH THE
CENTERUNE OF SAID GULF VIEW BOUlEVARD; THENCE N05"32"30"E, ALONG SAID
CENTERUNE A DISTANCE OF 15.06 FEET; THENCE N48"31'37"E, A DISTANCE OF 7.42
FEET TO THE POINT OF BEGINNING.
CONTAINS: 416 SQUARE FEET (0.0096 ACRES), MORE OR LESS.
PlS
LB
~~J
POB
LEGEND
PRlHSSIOHAl. IIlfIl SlJIMJllR
UC9ISBl IIUSlNESS
PW IftlRIWION
DEED ar DEStRlPIIllN INFORNAnCN
PONT IF BmNNJNG
NOTES:
1. NO INS1RUIIENIS OF RECORD REFI.EC1lNG I:ASEMENTS, RlGIfT OF WAY AND/OR
OWNERSliJP WERE RJRNlSHED TO THIS SURVEYOR EXCEPT AS SHOWN.
2. THIS SKETCH DOES NOT Rm..El:T OR DETERMINE OWNERSHIP.
3. USE OF THIS SKETCH BY ANYONE OTHER THAN THOSE PREPARED FOR 'MLL BE THE
, RE-IJSERS SOlE RlSI< 'MTHOUT UABIUJY TO 1l!E SURVEYOR.
4. THE SKETCH WAS PREPARED WlnfOUT THE BENEFIT OF A CURRENT 111LE COIolllm.tENT
AND IS SUBJECT TO fASEIoIENTS, RlGIfTS-OF-WAY AND SIMIIJ\R IIATIERS OF TInE.
5. MERIDIAN BASED ON THE NORTH BOUNDARY OF lDT 44 AS BrARJNG N9aCO'OO"E (P).
PREPARED FOR:
The Related Group
[
DATE: 4/28/08
] ("""...., I _",,",--.I) ("",,oot No.1 "'"
I Checked By I JAC I I ReId Boak I .
lDrawn By I .lAC.) l Page. I .
~
,
I SUNCOAST LAND SURVEYING. InC.
111 FOREST lAKES BOULEVARD
, OJ.DSMAR, FlA. 34677
""-7 , IIQHlARY - 1lI'llGRAPHIC - lXJlS1RUC1ICJ! STAIlEIllT
LB 4513 PII/M: (813) 1154-1342 FAX: (813) lI55-6II9O
SURVE'tOR'S CERllfICA lE
I ....., ..." IIIat tile SIlVEr' dIpIdIII ..... _ JIIIfannId _.., IlESPOIlSIII!:
awu: .. tile dalll(a) ~ ... ... tile IIIIIIJII 'IEDtII:M. SWIIIIIJ!I ad fodb 111
tile R.OIIIIA IllINIl IF PIIIlFESSIIM.. INII SIII\ftRlln Qaplor 11C17..... I'I.llRIIIA
MIIINSIRA1M: ClIlE ....... III !IdIan 472..lI27. RllIIIlA SDlIUlES.
.. 'I.Ul1llllfa/l' ~ SIGIMnIf MIlnE llRIM. ~ SIl1f.. ~ UUIlIDI utaISal
SIIMllIl N1111N'PER" ~ ~4-~ n~.
~ A. COPElAND. PlS1 Na.5279
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II go NW Comer I
Lot 44 I
-:f :
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I LOT 44 I LOT 45
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I I
I~ THE LLO/ro-WHITE-SKINNER SUBDMSION
I~ /PIN BOOK 13 PI.GE 12-13
I~ I
I~ I
I I
SW Comer I- - ~'Q2. ..L
Lot44 , - -___
,
,
I
SKETCH oT DESCRIPTION
SHEET 2 OF.2 SHEETS
-~
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SCALE : 1- = 30'
~
0' 15' 30'
P.o.a
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<'"
1DT 1 BUlCK 'A'
COLUMBIA SUBDMSION
PlAT BOOK 2J PAGE 60
"
. "
FIRST'-A VENUE
UNE BEARING DISTANCE
11 S41'28'18"E 16.55'
l2 505"29'40"'" 0.58'
L3 584'JO'20"E 8.0il" ..
16 N41'OO'13"'" 17.95'
17 N48"Jl'J7"E 14.15'
La N9O"OO'OOi'l 34.32'
L9 N05"J2'JO"E 0.88'
LlO N9O"OO'OO"E 3.82'
L17 N05"29' 4O"E 20.00'
L18 S05"J2'JOi'l 15.06'
Ll9 N48"31'J7t: 7.42'
r CUR'JE I RADIUS I ARC lENGTH I CHORD lENGTH I CHORD BEARING I
feJ I 34.00' I 26.87' I 26.18' I N28'11'29"E (D) I
'\
J SUNCOAST LAND SURVEYING, InC.
I 111 FOREST lAKES BOUlEVARD
'----" OLDSMAR, FlA. 34677
IIllJNDARY - 1lJ'QGRNIHIC - CllIlS1RUClIal STMEWT
LS 4513 . PHONE: (813) 854-:1342 FAX: (813) 855-6890
(DRAWING' I
I Checked By I
lDrawn By ]
PARca,..,J '1
JAC I
JAC J
'.:Ji-.~
EXHIBIT B
PRELIMINARY PROJECT PLANS
[PROJECT SITE PLAN AND ARCHITECTURAL PLANS]
36
I
II
CLEARWATER BEACH RESORT AND HOTEL
100 CORONADO DRIVE
CLEARWATER, FLORIDA
SITE PLAN REVIEW SUBMITTAL
INDEX OF SHEETS:
MJO COVER
Mll SITE PlAN
Ml2 GRADE lEVEL PlAN
A-028 GRADE lEVEL PlAN. OPTlON 8
Ml3 lOBBY LEVEL PlAN
A-<>4 200 LEVEl PlAN
A.<J5 300 LEVEL PlAN
A.<J6 400 lEVEL PlAN
A.<J7 500900 TYPICAL PlAN
A.<J8 1000 lEVEL PlAN
A.<J9 1100-1400 TYPICAl PlAN
A.IO PENTHOUSE LEVEL PlAN
A.II WEST ElEVATlON . COLOR
A-liB WESTElEV A TION . B/W
A-12 NORTH ELEVATlON - COLOR
A-12B NORTH ElEV A TlON - B/W
A-13 EASTElEVATlON. COLOR
A.13B EAST ElEVATlON. B/W
A.14 SOUTH ElEV A TlON . COLOR
A.14B SOUTH ELEV A TlON - B/W
NOTE: CONCEPT RENDERINGS ARE FOR DESIGN INTENT ONLY AND DO NOT REFLECT STAFF REVIEW COMMENTS.
CLEARWATER BEACH RESORT & HOTEL _.~ FUSTER ~ NICHOLS
~ - ~-..... BROSCH
WURST
CLEARWATER, FLORIDA ~":~Jr~- - ~...- WOlfE
____&AI.
SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP -...--........ ~
------
B
I
~I
SOUTH GULFVIEW BOULEVARD
- -OIIii...iiiIiifit,.,'it"iii -- - - - - - - - - - - - - - - - - _ _
"
,
,
,
'.'
tu
~
"
10
CORONADO DRIVE
i~:':~,
EBN
SITE PLAN
SCAlE: 1".30'-0"
r----'I
o 15 30 60
CLEARWATER BEACH RESORT & HOTEL .....-...-- FUSTER ~ NICHOLS
.z:. -..~,.. P.&. BROSCH
WURST
CLEARWATER, FLORIDA ..':~~~~- - .....- WOlfE
____uu.
SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP -...._-~_... ~...~
_....-_....--
B
I
II
;;- r~~~Q~j.
="=C=tr;"
-iL,
i
C'Oi.sTAL"""CoNITMiCTllIIUNE
-COASTr_iiiiill:.iuNE
LEGEND
Ow.\IDlFEAllM'lE
o ~~ -=~~.:i
""""...
. , I 1;< '~__
..............T
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"
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~
~74
---- ~n
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~: : ~ -,. ~~ -W': _ -:~-'"
- t .. t _. .. _. _ L
- ! -.- i - i. t.
,~ ~,
182
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- ."
,y
218 PAAKl~ SPACES
"
'"
"~..., ~
.~,
212
-~" 21~
EBN 0 ~c~~?~20S~VEL PLAN
CLEARWATER BEACH RESORT & HOTEL CId._...-- FUSTER ~ NICHOLS
.z:. _N .-au...... P.A. BROSCH
CLEARWATER, FLORIDA ---....- WURST
"':~..a\i;:-- ____&AI. WOLFE
SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP -....--....... ~4
-",tr.'lIuu.... . -....-..--
B
I
II
LJN(OfCONCIIJI .
rrEllROIl/IDEil !
- -rn'
i ---j\
i I~
eo...srF'"ociMtw'IilNUNE
==",c" t;/1r;:V:3
I \
I
LEGEND
OI'.lJUlFEIJ\.lRE
o rE=~~~~
EBN 0 ~c~?~20~~VEL PLAN
CLEARWATER BEACH RESORT & HOTEL ~;::=:- FUSTER ~ NICHOLS
.2:- -.ow ~,......, BROSCH
CLEARWATER, FLORIDA --~...- WURST
..":~~~:- ----........ WOLFE
SEPTEMBER 15, 200B PROPOSED by THE RELATED GROUP -...--"'.... ~.4
--_...-
B
II
I
COAST.I....-~l(lN LiNE
\.:f~St~
/
..~:~~~;<~.
"'~:;" ,
":~t:~S;;':l'
.,
-COAST~_Tiii:t'JONUNE
LEGEND
O.."IDIFtAIUR!
o =~~~.:i:
EBN 0 ~~~.~:zo~o~VEL PLAN
CLEARWATER BEACH RESORT & HOTEL .....-...-- FUSTER ~ NICHOLS
~ ~"~...A. BROSCH
WURST
CLEARWATER, FLORIDA ..........~.._n....,. --11IIII'''- WOLFE
-~- ____&&U.
SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP -...--........ ~
-------
B
I
II
-"'-H
LEGEND
Dw.<.TEAfO,lURE
o ~=~W:W ~~~=sE
,........
ii
i:a:. CONmE ----.J. :
Ii
----~
Ii
I
~
i4----. 3S
1~li
,- _13 ~___I~_J~... n"- ~- ~
I 11' 11:iO
~~fffi Hfi"ff~ Ii -I~ !: I~ --;
n or C"L'u-: I: jr:'~
';'P_~SP~'~ I .-.1 ...-:F _ ... j:~-W
1'35 \36 1
~
r,===!'
" ...........~
_.~_"35 37
~-
-- --1.
IllS 1111
198 In
.,
..
,141
"" -r+ .
11141 1115 1144
1111; IU8 1'41
-'~-'-
Ir------~------~-------~------~-------~------~-------~------i------,
~ L
, I I I I
EON 8 ~~.,~.~~.;L PLAN
CLEARWATER BEACH RESORT & HOTEL "=--- FUSTER ~ NICHOLS
.z:. HMO" .-clU.w.. P." BROSCH
CLEARWATER, FLORIDA --"""...- WURST
L<':~:" E=:":s.:-= WOlFE
SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP ~~
B
I
II
LEGEND
~~~~l.l I
~i ."'4" :"~~"--T ". ~...l.~"
J: _,;U ,.U~ CUI: UU MU-_L -3
I'
Ii
[!
OWAIERf'F).llJIl(
o =(JlS~~=~~~
''''''''''''
"""
UN"
I
t"i
. ",i"-
T
"""
."
Wlf: ,ltf:;:::
.-r-------.-
UCl( Of HOUSe !
r
l-.l-
<i
~.
'&2 ~._._, 83
t 15 ! t as
Ul
~
86 PARKING SPACES
~
'iM
: 181 --j~:- I:.:,,"
i ll(] :91;
":1
~ 13
....
-t--
: UNIT
'_mu+m+_m J
i i
EBN 8 ~~, r~.~~_;L PLAN
CLEARWATER BEACH RESORT & HOTEL --~ FUSTER ~ NICHOLS
~ .-.aft ~Ta, ..4. BROSCH
WURST
CLEARWATER, FLORIDA -':if;~~~ __llIoMl'''_ WOlFE
____.1&1.I.
SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP _...-._IL.... ~
----...--
B
I
,
'I
I
II
!.
II
!:
~coam~!
'I
I
II
!I
II
LEGEND
o .'ERFEAT1JR[
OSE~NlEAINCtOOtlGSTAlRS.
ELfVNllRSNlDllWJ(-or-H('IIJS[
"..'IDO.
t'"=fr
lIT
---1-
1'00I._
I
UNIT
........
EBN 0 ~c~;~~;,.~. LEVEL PLAN
CLEARWATER BEACH RESORT & HOTEL .....-.-- FUSTER ~ NICHOLS
~ ~"~.P.A. BROSCH
WURST
CLEARWATER. FLORIDA .":~~:-. --~,..- WOLFE
____MY.
SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP -.......-"-.... ~
-t.tI'."I'\eb'" ---...---
B
I
,I
LEGEND
o IlAIERHAllJIlE
~
"
O SUMCE NiU IHClUOllO SINR5,
nrmlJlSlW)~-OF-IPJSE
_.
~'-~' jt4
~
~
'"
EBN 8 ~~~.~~ 2O~20-900 PLAN
CLEARWATER BEACH RESORT & HOTEL ~- FUSTER ~ NICHOLS
.2:- ~"~.P.A. BROSCH
__uwoI..._ WURST
CLEARWATER, FLORIDA -':~~- ----........ WOlFE
SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP -....--,....,.. ~~
. ----...--
B
I
II
LEGEND
o -.n:~FfA1UR[
OSERW:EMf.IIKLUllIHGSf.olRS.
HE'IN'ORSNI>Il/tCX-(>>'--HOOSl:
"""""",
EBN 0 ~~~,~~ z~.~OO PLAN
CLEARWATER BEACH RESORT & HOTEL .....-....-- FUSTER ~ NICHOLS
.z. _N_.P..A. BROSCH
CLEARWATER, FLORIDA --......- WURST
M":'~:_ ____&aU. WOLFE
SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP -...---........ ~
---...--
B
I
II
LEGEND
DWAlUlFOolURE
o ~ORS~""8k~=~~
'''''''''"
EBN 0 ~c~~;~o,:,.LAN LEVEL 1100-1400
CLEARWATER BEACH RESORT & HOTEL - .- FUSTER ~ NICHOLS
~ ....M ~ P.A, BROSCH
WURST
CLEARWATER, FLORIDA ...:~... - --.-- WOlfE
----......
SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP -...-..-......... ~..::.
---.....--
B
I
LEGEND
DWAIEllFIATURE
O SfJMC(.lRE).H:lUlllIGST.lIRS.
ElMItIlSMlJ 8lO(--q-H(lU'5{
'''''''''''
EON 0 ~~~';'~2~~SE LEVEL PLAN
CLEARWATER BEACH RESORT & HOTEL .2:- FUSTER ~ NICHOLS
_N~.P,'" BROSCH
CLEARWATER, FLORIDA ---...- WURST
'":5i::;:1b:''' ____UJ.4 WOLFE
SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP ........--.....,.. ~
....M.Il..'IWJ".. -....-..---
II
B
EXHIBIT C
Hotel Quality Standard
Minimum Quality Standards
The Development Agreement ("Agreement") between the City of Clearwater, Florida (the
"City") and K & P Clearwater Estate, LLC" a Florida limited liability company ("Developer")
provides for the allocation of two hundred and fifty (250) hotel units (forming the "Hotel" portion of
the project) from the Beach by Design Destination Resort Density Pool to the site on which the
Developer anticipates building the project described in the Agreement (the "Project Site"), which
project is to contain, among other things, 450 Resort Hotel units within a quality resort hotel ("Resort
Hotel"). Beach by Design establishes physical, functional and operational requirements for a
proposed development to be eligible for an allocation Destination Resort Density Pool Units. The
allocation of the Destination Resort Density Pool Units to the Project Site represents a significant
economic incentive for the development of the Hotel.
The purpose of this Exhibit is to establish:
1. minimum quality standards for the proposed Resort Hotel;
2. a process for assessing compliance with the minimum quality
standards; and
3. an enforcement mechanism in the event that the Developer shall
fail to comply with the minimum quality standards.
Minimum Quality Standards
The City and the Developer agree that there are two (2) alternative ways in which the
Developer may satisfy the quality requirements of Beach by Design (the "Minimum Quality
Standards"):
1) membership in (a) the AAA and obtaining and maintaining a
minimum quality rating of at least four (4) diamonds; or (b)
Mobil Travel Guide ("MTG") and obtaining and maintaining
a minimum quality rating of at least four (4) stars; or (c) such
other travel marketing and rating service as the City
reasonably approves ("Other Rating Service") and obtaining a
quality rating comparable to the AAA and MTG ratings
described in (a) and (b) of this subparagraph;
or
37
.~-- .
2) membership in (a) the AAA and obtaining and maintaining a
minimum quality rating of at least three (3) diamonds; or (b)
membership in MTG and obtaining and maintaining a
minimum quality rating of at least three (3) stars, and in
addition to (a) or (b), inclusion in the Hotel upgraded
improvements and facilities as described hereinafter.
The City agrees that the Developer would satisfy the upgraded improvements and facilities
requirement by providing twenty-five percent (25%) of the total number of AAA four (4) diamond
quality criteria for: i) exterior; ii) public areas; iii) guestrooms; iv) guestroom amenities; and v)
bathroom as described in AAA, Lodging Requirements & Diamond Rating Guidelines (the most
current edition as of the date of issuance of the building permit for the Hotel).
Alternatively, the City agrees that the Developer may satisfy the upgraded improvements and
facilities requirement by compliance with the following (the "Upgrade Criteria") or, the minimum
standards for four (4) diamond quality criteria as set forth in AAA, Lodging Requirements &
Diamond Rating Guidelines (the most current edition as of the date of issuance of the building
permit for the Hotel):
I. Exterior.
A. Curb Appeal.
1. A combination of exterior elements which create an impressive well-
integrated and excellent level of curb appeal.
11. Excellent variety of landscaping professionally planned and maintained.
111. Impressive architectural features well-integrated into the surrounding area.
B. Parking.
1. Lighting fixtures reflect characteristics of the design of the property.
11. Physical evidence of added security exists.
111. Excellent overall illumination.
II. Public Areas.
a. Furnishings and Decor: Upscale, well-appointed, and in the theme of the property;
high degree of comfort, featuring professionally fitted coverings; an abundant variety
of live plants or unique dried floral arrangements.
38
b. Floor Coverings: Excellent quality carpet, wood, marble, or granite floors with
umque area rugs.
c. Illumination: Light fixtures are well-appointed and of an upscale design that
complements the overall theme of the property; multi-placement provides overall
excellent illumination.
d. Signage: Design is well-defined in harmony with the theme of the property.
e. Lobby/Registration Area: Spacious registration area; upgraded luggage carts;
recognizable guest-service area and bellstand.
f. Miscellaneous: Multiple recessed phones with notepads and pens, located away from
traffic areas. Pressing is available at specific times.
g. Restaurant and Dining Facilities: Upscale, full-service restaurant; separate lounge or
bar area.
h. Recreational Facilities:
1. Swimming pool area is well-appointed with upscale design elements and an excellent
quality and variety of pool furniture and hot tub. Food and beverage is available
poolside at one or more Resort Hotel pools.
J. On-site exercise facility with state of the art equipment; lockers and dressing area
provided.
k. Meeting Rooms. Variety of well-appointed meeting rooms with upscale design
elements. Audiovisual equipment available.
1. Restrooms. Upscale facilities appropriate for the number of meeting rooms.
m. Additional Recreational Facilities: Excellent variety of additional recreational
facilities is available on site or arrangements are made for off-site services.
n. Sundries and Other Shops: Upscale gift shop.
III. Hotel Guestrooms.
a. Free Floor Space: Obvious degree of spaciousness allowing increased ease of
movement for guests.
b. Floor Coverings: Excellent quality carpet, wood, marble, granite or other high-end
stone floors with unique area rugs.
39
c. Clothes Hanging Space: At least eight open-hook wood hangers.
d. Clothes Storage Space: Sufficient space for two pieces ofluggage; upgraded racks or
benches.
e. Illumination: Excellent overall illumination; free standing fixtures in appropriate
places.
f. Television Placement: Television located in closed armoire or flat screen monitor..
IV. Guestroom Amenities.
1. Multiple or cordless telephone. High-speed or wireless internet access. Enhanced
guest-service directory in folder.
2. Upgraded stationery in Hotel guest rooms. Framed or beveled full-length mirror.
3. Full-size iron and ironing board.
4. Minibar or refrigerator.
V. Bathrooms:
a. Wall and Floor Coverings. Excellent quality, including ceramic tile, marble, or
granite flooring.
b. Free Floor Space. Excellent size bathrooms affording guests increased ease of
movement and comfort.
c. Amenities:
1. Excellent quality plush towels; oversized.
11. Facial tissues of excellent quality in decorative container.
111. Free-standing hair dryer.
IV. Bathroom area rug.
v. Make-up mirror.
VI. Telephone.
40
~.3(.l.t _ r. 1
Compliance Assessment
Initial Rating Period
As soon as is reasonably possible after a fmal Certificate of Occupancy for the Resort Hotel
is issued by the City ("CO"), the Developer shall apply for membership and inspection by AAA,
MTG or Other Rating Service (the "Hotel Rating Service") for the Hotel, such that an inspection by
the Hotel Rating Service would be reasonably expected to occur within twelve (12) months
following the issuance of the CO ("Initial Inspection Period"). The Developer shall initiate an
independent quality assessment for the Interval Ownership portion of the Project in the event such
inspection is not provided by a Hotel Rating Service. Upon receipt of the report issued by the Hotel
Rating Service ("Rating Service Quality Report"), the Developer shall immediately deliver a copy of
the rating report to the City.
In the event that the Hotel Rating Service does not or is unable to inspect the Resort Hotel
within the Initial Inspection Period, Developer shall use reasonable diligence to obtain an
independent quality assessment of the Resort Hotel from a qualified hotel/resort industry expert
("Independent Quality Assessment") within ninety (90) days after the issuance of the CO. In the
event that the Developer fails to deliver a qualified Rating Service Quality Report or a qualified
Independent Quality Assessment to the City within ninety (90) days after the first anniversary of the
CO, the City may at the Developer's expense, obtain a written opinion of an independent expert in
the hoteVresort industry with regard to the compliance of the Resort Hotel with the Minimum
Quality Standards established in this Exhibit.
Maintenance and Monitoring of Compliance with Minimum Quality Standards
1. The Developer shall maintain compliance with the Minimum Quality Standards throughout
the term of this Agreement.
2. In the event that the initial rating of the Hotel equals four (4) diamonds, four (4) stars or the
equivalent with an Other Rating Service or better, maintenance of such rating shall constitute
full compliance with the Minimum Quality Standards for the entire Resort Hotel.
3. In the event that the initial rating of the Hotel equals three (3) diamonds, three (3) stars or the
equivalent with an Other Rating Service, and the Developer has included in the Hotel the
required upgraded improvements and facilities as described above, the maintenance of such
rating shall constitute compliance with the Minimum Quality Standards. On the fifth
anniversary of the issuance of the CO, if the most recent Rating Service Quality Report does
not address compliance with the upgraded improvements and facilities requirement
established in this Exhibit (the "Upgrade Requirement"), the Developer shall obtain a written
opinion from a qualified hotel/resort industry expert that the Resort Hotel continues to meet
the Upgrade Requirement. If the Developer fails to deliver a qualified opinion of compliance
with the Upgrade Requirement, the City may at the Developer's cost, obtain a written
opinion of an independent expert in the hoteVresort industry with regard to the compliance of
the Resort Hotel with the Upgrade Requirement.
41
Failure to Comply
In the event that a Rating Service Quality Report, an Independent Quality Assessment or the
opinion of an independent expert in hotel/resort industry reveals that the Hotel does not comply or no
longer complies with the Minimum Quality Standards established in this Exhibit or the Developer
fails to provide the City with a Rating Service Quality Report or an Independent Quality Assessment
or expert opinion, or the Hotel Rating Service that previously rated the Hotel has given notice stating
that such service has downgraded the Hotel's rating to a lower rating level ("Rating Downgrade
Notice"), the City shall notify Developer of default in a writing which details identifying the nature
of the default(s) ("City Quality Default Notice").
If the default(s) described in the City Quality Default Notice are based upon a Rating
Downgrade Notice, Developer shall have that period of time given to Developer by the downgrading
hotel rating service to dispute or effectuate any cure required to restore the Hotel to the Minimum
Quality Standard and to present to the City reasonable evidence that Developer has either prevailed
in its dispute of the default(s) or has effectuated a cure of the conditions upon which the default is
based.
If the City Quality Default Notice is based on any basis provided for in this Exhibit other than
a Rating Downgrade Notice, Developer shall have ten (10) days to notify the City as to whether the
Developer intends to dispute the Default Notice. If the Developer does not notify the City within ten
(10) days of its intent to dispute the Default Notice, the Developer shall have thirty (30) days to cure
the default, or in the event that it is not reasonably possible to cure the default within thirty (30) days,
the Developer shall submit a sworn statement describing the steps necessary to cure the default and
to the time period necessary to cure the default. In the event that the Developer disputes the Default
Notice, the dispute shall be resolved through expedited arbitration pursuant to the Agreement and in
the event that the Developer's dispute is resolved in favor of the City, the Developer shall then cure
the default within thirty (30) days after resolution of the dispute.
In the event that a City Quality Default Notice was based on a failure to maintain compliance
with the Upgrade Requirement, the Developer shall obtain a written opinion from a qualified
hotel/resort industry expert that the Hotel continues to meet the Upgrade Requirement every two (2)
years after the default is cured until the expiration or termination date of the Agreement.
Notwithstanding anything contained in this Agreement to the contrary, it shall not be
considered a default under this Agreement if the Developer must make modifications or take actions
to restore the Hotel to the Minimum Quality Standard where such modifications or action to be taken
requires the alteration of structural or architectural design elements of the Project which were
approved by the City in connection with the construction of the Project or where the cost of such
modifications or actions, including any debt service incurred by the Developer in connection
therewith, cannot be recovered over the useful life of the item to be modified, as reasonably
determined by the City and the Developer.
42
Remedies upon Event of Default
Upon the occurrence of an Event of Default which is not cured within thirty (30) days,
Developer shall be subject to a daily fine equal to Two Thousand and Five Hundred Dollars
($2,500.00) payable to the City for each day that the defaults enumerated within the City Quality
Default Notice at issue remain uncured.
In the event that an Event of Default occurs, the accumulated fines shall be a lien against the
Hotel component of the Developer's Property which may, at the City's sole discretion, be enforced
through a foreclosure proceeding.
43
'..20.~_#_ "'!f....
EXHIBIT D
PROJECT SITE
The Project Site shall consist of the Developer's Property (as described in Exhibit A), less the
Dedications (as described in Exhibit A-I and Exhibit K), plus the Vacations of Rights of Way (as
described in Exhibit A-2), as depicted on the attached diagram.
44
~.,3ioS _ T
EXHIBIT E
COORDINATED DESIGN OF SOUTH GULFVIEW AND BEACH WALK IMPROVEMENTS
[Please see the attached diagrams which depict the coordinated design features.]
NEED CITY TO PROVIDE FINAL BEACHW ALK DRAWING
45
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EXHIBIT F
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made as of the
day of , 2008 by K & P Clearwater Estate, LLC, a Florida limited liability
company.
K & P Clearwater Estate, LLC, is the owner of fee simple title to all of the real property
described in Exhibit 1 attached hereto and made a part hereof (hereinafter the "Real Property"). The
City of Clearwater 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 preliminary design for the revitalization of
Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District provides for
the allocation of Destination Resort Density Pool Units as an incentive for the development of
destination quality resorts with a full complement of resort amenities. Pursuant to the designation of
Clearwater Beach as a Community Redevelopment District, the allocation of Destination Resort
Density Pool Units is subject to compliance with a series of performance standards, including a
requirement that the Resort Hotel to be developed on the Real Property implement a trip generation
management program to reduce the number of vehicle trips generated by the use and operation of the
Real Property.
The City of Clearwater has granted, by City Council Resolution passed and
approved on , the application of K & P Clearwater Estate, LLC , for an
allocation of Destination Resort Density Pool Units pursuant to the provisions ofthe designation of
Clearwater Beach as a Community Redevelopment District subject to compliance with the
requirements of the designation of Clearwater Beach as a Community Redevelopment District. K &
P Clearwater Estate, LLC , 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
Real Property in accordance with the terms and conditions of the allocation of Destination Resort
Density Pool Units to K & P Clearwater Estate, LLC , and the designation of Clearwater Beach as a
Community Redevelopment District, which rights, duties, obligations and responsibilities shall be
binding on any and all successors and assigns and will run with the title to the Real Property.
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 Destination Resort Density
Pool Units to K & P Clearwater Estate, LLC , and other good and valuable consideration, the
sufficiency of which is hereby acknowledged, to K & P Clearwater Estate, LLC , hereby declares,
covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of
K & P Clearwater Estate, LLC , and its successors and assigns and shall be enforceable by them and
also for the benefit of the residents of the City of Clearwater, Florida, and shall be enforceable on
behalf of the said residents by the City Council of the City of Clearwater.
46
2. Covenant to Prepare and Implement a Trip Generation Management Program. K & P
Clearwater Estate, LLC , hereby covenants and agrees to the development, use and operation ofthe
Real Property in accordance with the provisions of this Declaration.
2.1 Trip Generation Management Program. K & P Clearwater Estate, LLC , shall
prepare a Trip Generation Management Program which includes, at a minimum, the program
elements which are set out in Exhibit 2 which is attached hereto and incorporated herein.
2.2 Implementation. K & P Clearwater Estate, LLC , shall take all necessary and
appropriate steps to implement the approved Trip Generation Management Program and the
selected management strategies.
3.
recording.
Effective Date. This Declaration shall become effective immediately upon its
4. Governing Law. This Declaration shall be construed in accordance with and governed
by the laws of the State of Florida.
5. Recording. This Declaration shall be recorded in the chain of title of the Real Property
with the Clerk of the Courts of Pin ell as County, Florida.
6. Attorneys Fees. In the event the City of Clearwater or K & P Clearwater Estate, LLC,
is obligated to institute legal proceedings with respect to this Declaration, the prevailing party shall
be entitled, in addition, to recover reasonable attorneys' fees, paraprofessional fees and costs from
the non-prevailing party.
7. 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.
47
'-S"IlI!. ,_.
IN WITNESS WHEREOF, K & P Clearwater Estate, LLC has caused this Declaration of
Covenants and Restrictions to be executed this day of ,2008.
Witnesses:
K & P CLEARWATER ESTATE" LLC, a Florida
limited liability company
By: K & P Partners Limited
Partnership, a Florida limited
Partnership, Manager
By: K & P Holding, L.c., a
Florida limited liability company,
General Partner
By:
Kiran C. Patel
Managing Member
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of , 2008,
by Kiran C. Patel, Managing Member ofK & P Holding, L.C., a Florida limited liability company,
General Partner of K & P Partners Limited Partnership, a Florida limited partnership, Manager of
K & P CLEARWATER ESTATE, LLC, a Florida limited liability company on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
48
EXHIBIT 1
PROJECT LEGAL DESCRIPTION
49
EXHIBIT 2
Trip Generation Management Program
1. Prior to issuance of a Certificate of Occupancy for the Resort Hotel, the
Developer shall implement a Transportation System Management Plan. This
Plan shall establish practices, procedures and costs/fees for services to reduce
the number of trips to and from the site. Examples of methods, which may be
considered are:
a. Guest shuttle services/airport
b. Guest shuttle services/activities
c. Employee shuttle
d. Non-motorized modes for Hotel guests
e. Fixed route transit
f. Taxis/demand responsive transit
g. Non-motorized modes for employees
h. Staggered working hours
The plan will address the trip characteristics of resort occupancy, compare and contrast the
generation and reduction methods between Hotel and Timeshare users and create a
supporting trip utilization projection for the Beach by Design transit proposal from Resort
Hotel visitors. The plan will apply a best methods approach. City and County transportation
programs may also generate additional methods based on special studies or
intergovernmental program funding (County-wide Gulfview Trolley System).
50
EXHIBIT G
COVENANT REGARDING HURRICANE EV ACUA TION
and
DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made
as of the _ day of ,200_, byK& P CLEARWATER ESTATE, LLC" a Florida
limited liability company ("Developer").
Developer is the owner of fee simple title to the real property described in Schedule 1
attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater,
Florida (the "City"), has amended it 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.
The designation of Clearwater Beach as a Community Redevelopment District (the
"Designation") provides for the allocation of Destination Resort Density Pool Units ") as an incentive
for the development of destination quality hotel resorts with a full complement of resort amenities.
Pursuant to the Designation, the allocation of Destination Resort Density Pool Units is subject to
compliance with a series of performance standards, including a requirement that resorts containing a
hotel developed with Destination Resort Density Pool Units ("Resort Hotel") shall be closed and all
Guests evacuated from such resorts 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 Resort 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.
The City has granted, by City Council Resolution , passed and approved on
Developer's application for Destination Resort Density Pool Units pursuant to
the Designation, subject to 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 Real Property in
accordance with the terms and conditions of the allocation of the Destination Resort Density Pool
Units to the City 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 Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to be
o bserved and performed, and in further consideration of the allocation of Destination Resort Density
Pool Units to Developer, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the benefit
of Developer and its successors and assigns and shall be enforceable by them arid
51
. ~-~ #. ""'
also for the benefit of the residents of the City and shall be enforceable on behalf of
said residents by the City Council of the City.
2. Covenant of Development. Use and Operation. Developer hereby covenants and
agrees to the development, use and operation of the Real Property in accordance with
the provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as follows:
2.1.1 A minimum of two hundred and fifty (250) hotel units, which is the
number of hotel units allocated to DEVELOPER, shall be used solely
for transient occupancy of thirty (30) 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 of the hotel. No
hotel unit shall be used as a primary or permanent residence.
2.1.2 All other units shall be licensed as a public lodging establishment,
classified as a time share with occupancy limited to stays of thirty
(30) consecutive days or less. No unit shall be used as a primary or
permanent residence.
2.1.3 As used herein, the terms "transient occupancy," "public lodging
establishment," "hotel," "time share," and "operator" shall have the
meaning given to such terms in Chapter 509, Part I, Florida Statutes
(2004).
2.2 Closure of Imorovements and Evacuation. The Resort Hotel developed on
the Real 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, and all Resort Hotel guests, visitors and
employees other than emergency and security personnel required to protect
the resort, shall be evacuated from the Resort 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.
3 Effective Date. This Declaration shall become effective upon issuance of all building
permits required to build the project ("Project") and Developer's commencement of
construction of the Project, as evidence by a Notice of Commencement for the
52
.~~
Project. This Declaration shall expire and terminate automatically if and when the
allocation of Bonus Units to the Developer expires or is terminated.
4 Governing Law. This Declaration shall be construed in accordance with and
governed by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the Real
Property with the Clerk of the Courts of Pine lIas County, Florida.
6 Attorneys' Fees. 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.
7 Severability. If any provision, or part thereof, ofthis Declaration or the application
of this Declaration to any person or circumstance will be or is declared to any extent
to e 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.
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this ,
day of 2008.
Witnesses:
K & P CLEAR WATER ESTATE" LLC, a Florida
limited liability company
By: K & P Partners Limited
Partnership, a Florida limited
Partnership, Manager
By: K & P Holding, L.C., a
Florida limited liability company,
General Partner
By:
Kiran C. Patel
Managing Member
53
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of , 2008,
by Kiran C. Patel, Managing Member ofK & P Holding, L.C., a Florida limited liability company,
General Partner of K & P Partners Limited Partnership, a Florida limited.partnership, Manager of
K & P CLEAR WATER ESTATE, LLC, a Florida limited liability company on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
54
'''>-'' "'.f T
EXHIBIT H
REQUIRED PERMITS AND APPROVALS
1. Site plan approval
2. Conditional Approval of Vacations /Dedications
3. Piling & foundation permit
4. Demolition permit
5. Site alteration/drainage permit
6. Utility relocation permit
7. Vacation of rights of way approval, conditions and replat approval
8. SWFWMD ERP permit or exemption
9. FDEP sewer permit
10. Pinellas County Health Department Water Permit
11. Building permits package
a. structural
b. mechanical
c. electrical
d. plumbing
12. License Agreement (for Pedestrian Access Improvements (Bridge))
13. Bridge Facilities building permit
14. Cafe Seating License
15. Landscape, Irrigation & Lighting Permit from Recreation and Parks Department
16. Land Exchange
55
~~- __..y-I'!l'....
EXHIBIT I
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED
DOCUMENT TO:
E.D. Armstrong III., Esquire
Johnson, Pope, Bokor, Ruppel & Bums, LLP
911 Chestnut Street
Clearwater, Florida 33756
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _day of
, 2008 by K & P Clearwater Estate, LLC" a Florida limited liability company
("Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on Schedule A
attached hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that
certain Development Agreement dated , 2008 (the "Development Agreement"),
pursuant to which the City has agreed that Developer may develop and construct upon the Real
Property a multi-use project as described in the Development Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as
more particularly described in this Agreement.
NOW, THEREFORE, in consideration of the sum ofTen 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
single destination resort hotel and a timeshare/interval ownership project, as descIjbed in the
Development Agreement. The restrictions set forth in the preceding sentence shall expire
automatically when and if Developer's allocation of Additional Hotel Units (as defmed in the
Development Agreement) expires or is terminated. Nothing in this Agreement 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. Further, nothing in this Agreement shall preclude the purchase and sale of one or more
56
'.>.m. . . ......
Interval Ownership Units to be constructed as a part of the Project (the "Interval Ownership") (or
Hotel Units (as defmed in the Development Agreement) if sold in a condominium form of
ownership), to separate, unrelated third parties, provided that such Interval Ownership or Hotel Units
are operated and occupied as part of the Proj ect as a single unified proj ect throughout the term of this
Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions
of this Agreement.
Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and
all Interval Ownership Units may be operated by a single management firm/operator.
IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this_
day of , 2008.
Witnesses:
K & P CLEARWATER ESTATE" LLC, a Florida
limited liability company
By: K & P Partners Limited
Partnership, a Florida limited
Partnership, Manager
By: K & P Holding, L.C., a
Florida limited liability company,
General Partner
By:
Kiran C. Patel
Managing Member
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of , 2008,
by Kiran C. Patel, Managing Member ofK & P Holding, L.C., a Florida limited liability company,
General Partner of K & P Partners Limited Partnership, a Florida limited partnership, Manager of
K & P CLEARWATER ESTATE, LLC, a Florida limited liability company on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
57
EXHIBIT J
EASEMENT AGREEMENT
This instrument was prepared by
and return to:
E. D. Armstrong III, Esq.
Johnson, Pope, Bokor, Ruppel & Bums, LLP
911 Chestnut Street
Clearwater, FL 33756
GRANT OF EASEMENT
This Grant of Easement is made this _ day of , 2008, by THE CITY OF
CLEAR WATER FLORIDA, a Florida municipal corporation, its successors and assigns ("Grantor")
in favor of K & P CLEARWATER ESTATE, LLC, a Florida limited liability company, its
successors, assigns and affiliates and their respective invitees and licensees (collectively,
"Grantee").
WHEREAS
Grantor is the fee owner of certain real property located in Pinellas County, Florida, as more
particularly described in Exhibit "A," attached hereto and made a part hereof (hereinafter the
"Easement Property"); and
Grantee is the owner of certain adjacent real property located in Pinellas County, Florida, as
more particularly described in Exhibit "B," attached hereto and made a part hereof (hereinafter,
"Benefited Property"), which Benefited Property is the intended site of a beachfront resort hotel
including a parking garage facility to be constructed thereupon (the "Grantee Facilities"); and
Grantor desires to grant unto Grantee a non-exclusive, perpetual easement over, above, upon,
through and across the Easement Property for all lawful purposes, including, without limitation:
(i) pedestrian ingress and egress over sidewalks, stairwells, landings, arcade, elevated sidewalks, and
such other access paths as may be agreed upon between the parties for the purposes of allowing
Grantee access to the Grantee Facilities, (ii) rights for and access to cafe seating, retail and restaurant
operations and other facilities to provide concessions within the Easement Property, (iii) a pedestrian
focal point and entrance to Beach Walk called the Palm Court area which may include a fountain and
other aesthetic features, and (iv) an easement for the construction, use and occupancy of the
sidewalks, landings, arcade, elevated sidewalks, stairwells, other access paths, cafe seating and other
facilities as described in subsections (i), (ii) and (iii) above, including foundations and support
columns and structures (collectively, the "Access Improvements").
Now, therefore, in consideration of the sum ofTen Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does
hereby declare as follows:
58
GRANT OF EASEMENT
1. Adoution of Recitals. The foregoing Recitals are hereby acknowledged as being true
and correct, and the same are hereby adopted and made a part of this Grant of Easement.
2. Grant of Access Easement. Subject to the terms and conditions of this Grant of
Easement, Grantor hereby conveys and grants to Grantee a non-exclusive, perpetual easement over,
above, upon, through and across the Easement Property for all lawful purposes, including, without
limitation: (i) pedestrian ingress and egress over sidewalks, stairwells, landings, arcade, elevated
sidewalks, and such other access paths as may be agreed upon between the parties for purposes of
allowing Grantee access to the Grantee Facilities, (ii) rights for and access to cafe seating, retail and
restaurant operations and other facilities to provide concessions within the Easement Property, and
(iii) an easement for the construction, use and occupancy of the Access Improvements, including
foundations and support columns and structures. Notwithstanding anything herein to the contrary,
Grantee acknowledges and agrees that its right to use and enjoy the easements granted hereunder
shall upon completion of construction of improvements upon the Benefited Property remain in effect
for so long as Benefited Property is developed and used in substantial accordance with the uses
permitted under that certain Amended and Restated Development Agreement recorded in O.R.
Book , Page , Public Records of Pin ell as County, Florida, as subsequently
amended from time to time (e.g., beachfront resort hotel associated parking garage facility and
related facilities).
3. General. This Grant of Easement shall be binding upon both Grantor and Grantee, as
well as all of their successors and assigns, and shall constitute covenants appurtenant to and running
with the land described herein, and shall inure to the benefit and be binding upon the heirs,.
successors, assigns, tenants, agents, employees, guests and invitees of Grantee, and their successors
and assigns.
4. Maintenance. Grantee shall be responsible for the construction and maintenance of
the Access Improvements located on the Easement Property in a state of good condition and repair.
Grantee shall perform all construction and maintenance in accordance with all applicable laws, codes
and ordinances.
5. Notices. All notices, requests, demands and other communications which are
required or may be given under this Grant of Easement shall be in writing and shall be deemed to
have been given: (a) when received, if personally delivered; (b) the day after being sent, if sent for
next-day delivery to a domestic address by recognized overnight delivery service (e.g., Federal
Express); or (c) five days after being sent, if sent by certified or registered mail.
6. Attornevs' Fees. In the event of any dispute arising out of this Grant of Easement or
any instrument given in connection herewith, or in the event it shall become necessary for any party
to employee counsel to protect the party under this Grant of Easement or any instrument given in
connection herewith, the prevailing party shall be entitled to recover its reasonable attorneys' fees
and costs, whether incurred out of court or in litigation, including fees and costs incurred for
representation on appeals, expert witness fees and costs for paralegal assistance.
59
'-..;r;;~. _
7. Bindine: Effect. This Grant of Easement, and all the terms, conditions, covenants,
representations and warranties hereunder, shall be binding upon, and inure to the benefit of, the
parties, their respective personal representatives, heirs, successors and permitted assigns.
8. Waivers. No action taken pursuant to this Grant of Easement, including any
investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking
such action of compliance with any representation, warranty, covenant or agreement contained
herein, therein or in any document delivered in connection herewith or therewith. The waiver by any
party to this Grant of Easement of a breach of any provisions of this Grant of Easement shall not
operate or be construed as a waiver of any subsequent breach of such provision or as a waiver of any
breach of any other provision of this Grant of Easement.
9. Construction and Venue. The formation, interpretation and performance of this
Grant of Easement shall be construed pursuant to and governed by the laws ofthe State of Florida.
The parties hereto hereby agree that the venue of any action, proceeding, claim, counterclaim,
crossclaim, or other litigation arising out of this Grant of Easement shall be in Pinellas County,
Florida.
10. Headine:s. The headings of the various sections in this Grant of Easement are inserted
for the convenience of the parties and shall not affect the meaning, construction or interpretation of
this Grant of Easement.
11. Pronouns. The masculine pronoun, wherever used herein, shall mean or include the
feminine or neuter pronoun wherever applicable, and whenever words are used herein in the singular
or plural form, they shall be construed as though they were also used in the other form, in all cases
where such should apply.
12. Severabilitv. If any clause or provision herein contained operates or would operate to
invalidate this Grant of Easement in whole or in part, then such clause or provision shall only be
deemed severed and not a part hereof, as though not contained herein, and the remainder of this
Grant of Easement shall remain operative and in full force and effect.
13. Entire Ae:reement; Amendment. This Grant of Easement and all exhibits and
schedules attached hereto together constitutes the entire agreement between and among the parties
with respect to the subject matter hereof, which agreement supersedes all prior agreements and
understandings, oral or written, between and among the parties to this Grant of Easement with
respect to the subject matter hereof. This Grant of Easement may not be modified or otherwise
amended except by a written instruction expressly referring to this Grant of Easement and executed
by the party to this Grant of Easement against whom such amendment is sought to be enforced.
60
:~jiII!i-..". ..",......
IN WITNESS WHEREOF, the undersigned has executed this Grant of Easement this
day of , 2008.
GRANTOR:
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
William B. Home II
City Manager
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
The foregoing instrument was acknowledged before me this _ day of
2008, by William B. Home II, as City Manager of the CITY OF CLEARWATER, FLORIDA, a
Florida municipal corporation, on behalf of the corporation. He [is personally known to me] or
[produced as identification].
Notary Public - Signature
Print Name:
My Commission Expires:
61
GRANTEE:
Witnesses:
K & P CLEARWATER ESTATE" LLC, a Florida
limited liability company
By: K & P Partners Limited
Partnership, a Florida limited
Partnership, Manager
By: K & P Holding, L.c., a
Florida limited liability company,
General Partner
By:
Kiran C. Patel
Managing Member
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day of
,2008, by Kiran C. Patel, Managing Member ofK & P Holding, L.C., a Florida
limited liability company, General Partner of K & P Partners Limited Partnership, a Florida limited
partnership, Manager ofK & P CLEARWATER ESTATE, LLC, a Florida limited liability company,
on behalf of the companies, who [is personally known to me] or [produced
as identification].
Notary Public - Signature
Print Name:
My Commission Expires:
#437623 vI - Grant of Easement
62
"~$~ ~4. T
EXHIBIT "A"
LEGAL DESCRIPTION OF EASEMENT PROPERTY
63
EXHIDIT "B"
LEGAL DESCRIPTION OF BENEFITED PROPERTY
64
EXHIBIT K
LAND EXCHANGE AGREEMENT
AMENDED AND RESTATED
CONTRACT FOR EXCHANGE OF REAL PROPERTY
THIS AMENDED AND REST A TED CONTRACT FOR EXCHANGE OF REAL
PROPERTY is made on , 2008, by and between the CITY OF
CLEARWATER, FLORIDA, a Florida municipal corporation ("City"), and K & P CLEARWATER
ESTATE, LLC, a Florida limited liability company, its successors and assigns ("Owner").
R E C ! TAL ~:
A. City and Owner entered into that certain Contract for Exchange of Real Property,
dated March 3, 2005, pertaining to the exchange of real property located in Pinellas County, Florida,
(the "Contract").
B. The Contract is an' exhibit to the Development Agreement between the parties,
recorded in O.R. Book 14168, Page 2397, as amended by First Amendment to Development
Agreement recorded in O.R. Book 15023, Page 1494, all in the public records of Pine lIas County,
Florida (collectively, "Development Agreement").
C. The site plan approved in conjunction with the Development Agreement is being
revised including removal of the proposed pedestrian bridge, which revision necessitates the vacation
and conveyance ofthe right-of-way under the former pedestrian bridge location.
D. Title records have revealed that portions of previously vacated rights-of-way reverted
in title to the City which necessitates the conveyance of those rights-of-way to Owner.
F. Accordingly, the parties wish to amend and restate the Contract for the purpose of
clarifying the descriptions of the land to be exchanged.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Contract
is hereby amended and restated to read:
1. Exchan2:e of Property. The City shall convey to the Owner title to certain parcels
of real property referred to as "City Parcels" which are described in Exhibit "A" to this Contract. The
Owner shall convey to the City title to certain parcels of real property referred to as "Owner Parcels"
which are described in Exhibit "B" to this Contract. The conveyance of the City Parcels shall
constitute full consideration for the conveyance of the Owner Parcels. . The conveyance of the Owner
Parcels shall constitute full consideration for the conveyance of the City Parcels.
2. Definitions. In this Contract, "Seller" shall mean the City with respect to the City
Parcels and the Owner with respect to the Owner Parcels. "Purchaser" shall mean the Owner with
65
respect to the City Parcels and the City with respect to the Owner Parcels. These terms are used for
convenience and do not imply the payment of any compensation other than conveyance of real
property in exchange for real property.
3. Le2al Descriptions.
between the parties are as follows:
Legal descriptions of the properties being exchanged
a.
City Parcels (to be conveyed to Owner)
See Exhibit "A" attached.
b.
Owner Parcels (to be conveyed to City)
See Exhibit "B" attached.
4. Purchase Price. It is mutually agreed that the transfer of the City Parcels by
the City to the Owner and the transfer of the Owner Parcels by the Owner to the City shall constitute
the full and sufficient consideration for the exchange of the parcels.
5. Contin2encies. The exchange proposed in this contract shall be contingent
upon (1) the final approval by the governing council ofthe City (the "Council") of an amended and
restated version of the Development Agreement which, (2) the City's issuance of a vacating
ordinance for Parcel J, which is more particularly described on Exhibit "C" attached hereto ("Parcel
J"), and (3) the issuance of the first foundation permit for the Project to the Owner pursuant to
Development Agreement.
6. Closin2 Date. The real property exchange transaction described in this Contract shall
be closed and the deeds and other closing papers delivered following the effective date of the
vacating ordinance for Parcel J and within ten (10) days following the issuance of the first building
permit for the Project as defined in the Development Agreement.
7. Title Evidence. As a condition of closing, the Owner shall order and provide at
its own expense a commitment for title insurance in the amount of the appraised value of the City
Parcels as determined by City staff or a duly licensed independent appraiser, which commitment
shall show a marketable fee simple title in the name of the City as to the City Parcels subject to only
Permitted Exceptions (defined below). The Owner shall have ten (10) days after delivery of said
commitment for the examination thereof, and within said period shall notify the City in writing of
any objections to said title. If this notification is not given within said time period, then said title
shall be conclusively deemed to be acceptable to the Owner. In the event that the title to the City
Parcels is not good and marketable or is subject to other than Permitted Exceptions, the City shall
have ten (10) days thereafter to perfect the title. If the defects are not cured within such time, then
the Owner may cancel this Contract or waive the defects and accept the property without deduction
on account of said defects. An owner's title insurance policy shall be issued insuring Owner as the
owner of the City Parcels within a reasonable period of time following closing.
Also as a condition of closing, the Owner shall order and provide at its own expense a
commitment for title insurance in the amount of the value of the Owner Parcels as determined by
City staff or a duly licensed independent appraiser, which commitment shall show a marketable fee
simple title in the name ofthe Owner as to the Owner Parcels subject to Permitted Exceptions. The
66
City shall have ten (10) days after delivery of said commitment for the examination thereof, and
within said period shall notify the Owner in writing of any objections to said title. If this notification
is not given within said time period, then said title shall be conclusively deemed to be acceptable to
the City. In the event that the title to the Owner Parcels is not good and marketable or subject to
other than Permitted Exceptions, the Owner shall have ten (10) days thereafter to perfect the title. If
the defects are not cured within such time, then the City may cancel this Contract or waive the
defects and accept the property without deduction on account of said defects. An owner's title
insurance policy insuring the City as owner of the Owner Parcels will be issued to the City within a
reasonable period of time after closing. The owner's title insurance policy naming the City as owner
shall be underwritten by a title insurance company reasonably acceptable to the City.
8~ Permitted Exceptions. The parcels shall be conveyed to each Purchaser subject
to no liens, charges, encumbrances, restrictions, exceptions, or reservations of any kind or character
other than the following permitted exceptions:
a. Zoning ordinances and land use regulations;
b. Any easements, restrictions, or other matters that appear in the commitment
and/or survey (excluding standard exceptions) which are not objectionable exceptions;
c. Any adverse ownership claim by the State of Florida by right of sovereignty to
any portion of the lands insured hereunder, including submerged, filled and artificially exposed
lands, and lands accreted to such lands;
d. Any agreements between the parties that are part of this Contract; and
e. Any standard exceptions not previously mentioned which are not capable of
deletion.
9. Survev. The City Parcels are included in the boundary survey prepared by Suncoast
Land Surveying, dated 5/2/08, Project No. 8021. The Owners Parcels are depicted in the sketch and
legal descriptions included in Exhibit "B" attached to this Contract. The costs of the survey and any
additional surveying work shall be borne by the Owner as to both the City Parcels and the Owner
Parcels.
10. Closine:s and Possession. The real property exchange closings described in this
Agreement shall be simultaneous, and as of the date of such closing, each transferee shall be in
possession of that parcel transferred to said transferee.
11. Property Taxes. To the extent any property taxes are assessed, all property taxes
shall be prorated at closing to reflect ownership of the respective parcels as of the closing date.
12. Closine: Costs. The Owner shall pay the following closing costs and expenses in
connection with the closing:
67
a. All documentary stamps in connection with the conveyance of the property;
b. The premium and all search fees payable for the owner's policies of title
insurance for both parties;
c. Recording fees in connection with those instruments necessary to render title
acceptable to the Purchaser; and
d. Owner's costs of document preparation and its attorneys' fees.
The City shall pay its costs of document preparation and its attorneys' fees.
14. Risk of Loss. The risk of loss or damage to the parcel to be conveyed by fire or
otherwise, until delivery of deed, is assumed by the Seller. The Seller further agrees to maintain the
parcel to be conveyed and to deliver said parcel to the Purchaser in the same condition as when the
Contract was executed, ordinary wear and tear excepted.
15. Assi2nabilitv. This Contract may be assigned in the same manner as allowed in the
Development Agreement.
16. No Brokers. Each party affirmatively represents to the other party that no brokers
have been involved in this transaction and that no broker is entitled to payment of a real estate
commission because of this transaction.
17. Notices. All notices which are required or permitted hereunder must be in writing
and shall be deemed to have been given, delivered or made, as the case may be (notwithstanding lack
of actual receipt by the addressee): (i) three (3) business days after having been deposited in the
United States mail, certified or registered, return receipt requested, sufficient postage affixed and
prepaid; or (ii) one (1) business day after having been deposited with an expedited, overnight courier
service (such as by way of example but not limitation, U.S. Express Mail or Federal Express),
addressed to the party to whom notice is intended to be given at the address set forth below with all
delivery fees prepaid:
As to Owner:
K & P Clearwater Estate
Attn: Dr. Kiran C. Patel
5600 Mariner, Suite 200
Tampa, Florida 33609
With a copy to:
E. D. Armstrong III, Esq.
Johnson, Pope, Bokor, Ruppel & Bums, LLP
911 Chestnut Street
Clearwater, FL 33756
68
As to City:
William B. Home II
City Manager
City of Clearwater
Post Office Box 4748
Clearwater, FL 33758-4748
With a copy to:
Pamela K. Akin
City Attorney
Post Office Box 4748
Clearwater, FL 33758-4748
Any party may change the address to which its notices are sent by giving the other party
written notice of any such change in the manner provided in this paragraph, but notice of change of
address is effective only upon receipt.
18. Entire Contract. This Contract and the exhibits referenced herein embodies and
constitutes the entire understanding among the parties with respect to the real property exchange
transaction contemplated herein and all prior or contemporaneous agreements, understanding,
representations and statements, oral or written, are merged into this contract. Neither this Contract
nor any provisions hereof may be waived, modified, amended, discharged or terminated except by an
instrument in writing signed by the party against which the enforcement of such waiver,
modification, amendment, discharge or termination is sought, and then only to the extent set forth in
such instrument.
19.
of Florida.
Applicable Law. This Contract is construed in accordance with the laws of the State
20. Headin2s. Descriptive headings are for convenience only and shall not control or
affect the meaning or construction of any provision of this Contract.
21. Bindin2 Effect. This Contract shall be binding upon and shall inure to the benefit of
the parties hereto and their heirs, personal representatives and successors by law.
22. Interpretation. Whenever the context hereof shall so require, the singular shall
include the plural, the male gender shall include the female gender and neuter and vice versa. This
Contract and any related instruments shall not be construed more strictly against one party than
against the other by virtue of the fact that initial drafts were made and prepared by counsel for one of
the parties, it being recognized that this Contract and any related instruments are the product of
extensive negotiations between the parties and that both parties have contributed substantially and
materially to the final preparation of this Contract and all related instruments.
24. Other A2reements. No prior or present agreements or representations shall be
binding upon either party unless included in this Contract or in the Development Agreement. No
modification or change in this contract shall be valid or binding upon the parties unless in writing
and executed by the party or parties to be bound thereby.
69
'~.cllI!"'_1 "'1'1....
25. No Partnership, Etc. Nothing in this contract shall be construed to constitute the
creation of a partnership or joint venture between the parties.
26. Counterparts. This Contract may be executed in several counterparts, each
constituting a duplicate original, but all such counterparts constituting one and the same agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Amended and Restated
Contract for Exchange of Real Property as of the day and year first above written; provided,
however, that for the purpose of determining "the date hereof," as used in this Contract, such date
shall be the last date any of the parties hereto executes this Contract.
Countersigned:
CITY:
CITY OF CLEARWATER, a
Florida municipal corporation
By:
Frank Hibbard
Mayor-Commissioner
William B. Home, II
City Manager
Date:
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
70
Witnesses:
Signature
Print name
Signature
Print name
09/25/08 11:11 AM d-l
49313 .115456
#450634 vI
71
OWNER:
K & P CLEARWATER ESTATE, LLC,
a Florida limited liability company
By: K & P Partners Limited
Partnership, a Florida limited
Partnership, Manager
By: K & P Holding, L.C., a
a Florida limited liability
company, General Partner
By:
Kiran C. Patel
Managing Member
Date:
(Corporate Seal)
EXHIBIT" A" TO
AMENDED AND RESTATED
CONTRACT FOR EXCHANGE OF REAL PROPERTY
CITY PARCELS
Portion of Parcel G
Parcel H
Portion of Parcel J
Parcel K
Portion of Parcel G to be conveyed:
That portion of the following parcel lying northerly of the westerly extension of the
southerly lot line of Lot 1, Block "A," Columbia Subdivision, according to the plat
thereof recorded in Plat Book 23, Page 60, Public Records of Pine lIas County, Florida:
PARCEL G
A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD. AS DEPICTED ON THE PLAT OF COLUMBIA
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBIC
RECORDS OF PINELLAS COUNTY, FLORIOA, AND BEING A PART OF SAID GULF VIEW BOULEVARD, AS DEPICTED ON
THE PLAT OF LLOYD-WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 13, PAGES 12 AND 13, OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST
1/2 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 1S EAST, PINELLAS COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED BELOW:
BEGINNING AT THE NORTHWEST CORNER OF LOT 44, OF SAlD LLOYD-WHITE-SKINNER SUBDIVISION: THENCE
S.OS'32'30"W. ALONG THE EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 90.06 FEET TO THE
SOUTHWEST CORNffi OF SAID lOT 44; THENCE S.OS'32'30"W., A DISTANCE OF 60.00 FEET TO THE NORTHWEST
CORNER OF lOT 48, OF AFORESAID LLOYD-WI..f1TE-SKINNER SUBDIVISION; THENCE S.05'34'08"W., ALONG AFORESAID
EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE S.OS'31'21"W. ALONG
SAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 160.0S FEET; THENCE N.84'27'30"W., A
DISTANCE OF' 34,98 FEET; THENCE N.OS'32'30"E. ALONG THE CENTERUNE OF SAID GULF VIEW BOULEVARD, A
DISTANCE OF 456.33 F'EET; THENCE S.41'28'18"E., A DISTANCE OF' 16.55 FEET; THENCE S.OS'29'40"W., A DISTANCE
OF 0.S8 FEET; THENCE S.84'30'20"E., A DISTANCE OF' 6.00 FEET; THENCE N.OS'29'40"E., A DISTANCE OF 18.97
FEET; THENCE CONTINUE N.OS'29'4Q"E, A DISTANCE OF' 1.03 FEET: THENCE N.41'OO'13"W., A DISTANCE OF 17.9S
FEET; THENCE N.48'31'37"E., A DISTANCE OF 14.15 FEET; THENCE N.90'OO'OO"E., A DISTANCE OF 34.32 FEET TO A
POINT OF NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG AFORESAID EAST RIGHT-OF-WAY OF GULF VIEW
BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD
OF 26.18 FEET AND A CHORD BEARING OF S.28'11'29"W.; THENCE S.OS'32'30"W. ALONG SAID EAST RIGHT -Or-WAY
OF GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET; THENCE N.90'OO'OO"W.; ALONG THE NORTH BOUNDARY OF
AFORESAID LOT 44, A DISTANCE OF 3.82 FEEl" TO THE POINT OF BEGINNING.
Exhibit "A" Page 1 of 5
Parcel H
PARCEL H
A PARca OF LAND BEING A PART OF GULF VIEW BOULEVARD. AS DEPICTED ON THE PLAT OF COLUMBIA
SUBDNlSION, ACCORDING TO HE PLAT THEREOF. AS RECORDED IN PLAT BOOK 23. PAGE 60, OF THE PUBUC
RECORDS OF PINaLAS COUNTY, FLORIDA, LYING IN THE EAST 1/2 OF SECTION 7, TOWNSHIP 29 SOUTH. RANGE 15
EAST, AND THE WEST 1/2 OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED' AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-WHiTE-SKINNER SUBDIVISION, ACCORDING TO THE
PLAT THEREOF, AS RECORDED ON PLAT BOOK 13, PAGE 12 AND 13, OF THE PUBUC RECORDS OF PINELLAS
COUNTY, FLORIDA; THENCE N.90'OO'OO"E., ALONG THE NORTH BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82
FEET: THENCE N.05'32'30"E. ALONG THE EASTERLY RIGHT OF WAY UNE OF AFORESAID GULF VIEW BOULEVARD, A
DISTANCE OF 0.88 FEET TO POINT OF A CURVE: THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT..,.OF-WAY OF
GULF VIEW BOULEVARD BEING ,A CURVE TO THE RIGHT HAVING A RADIUS OF 34.00, AN ARC OF 26.87 FEET. A
CHORD OF 26.18 FEET, AND A CHORD BEARING OF N.28'11'29"E. TO THE POINT OF BEGINNING: THENcE:
N90'OO'OO''W., A DISTANCE OF 29.08 FEET TO A POINT OF NON-TANGENT ,CURVE; THENCE NORTHEASTERLY ALONG
A CURVE TO THE RIGHT HAVING A RADIUS OF 112.00 FEET, AN ARC OF 102.51 FEET, A CHORD OF 98.97 FEET
AND A CHORD BeARING OF N.63'52'46"E.; THENCE S.89'54'OO"E., A DISTANCE OF 79.18 FEET TO A POINT OF
CURVE: THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, AN ARC OF
61.30 FEET: A CHORD OF 55.47 FEET AND A CHORD BEARING S.45'59'54"E. TO A POINT OF NON-TANGENT CURVE:
THENCE WESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY OF AFORESAID GULF VIEW BOULEVARD, BEING A CURVE
TO THE LEFT HAVING A RADIUS OF 28.66 FEET, AN ARC OF 11.98 FEET, A CHORD OF 11.89 FEET AND A CHORD
BEARING N77'55'4J"W.; THENCE N.89'54'OO''W. ALONG SAID SOUTHERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD.
A DISTANCE OF 145.71 FEET TO A POINT OF CURVE; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY
OF AFORESAID GULF VIEW BOULEVARD BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET. AN ARC OF
23.30 FEET, A CHORD OF 22.84 FEET AND A CHORD BEARING OF S.70'2r47"W. TO THE POINT OF BEGINNING.
Exhibit "A".Page 2 of 5
Portion of Parcel J to be conveyed:
That portion of the following parcel lying northerly of the westerly extension of the
southerly lot line of Lot 1, Block "A," Columbia Subdivision, according to the plat
thereof recorded in Plat Book 23, Page 60, Public Records of Pine lIas County, Florida:
PARCEL J
A PARCEl OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPIClED ON THE
PLAT OF COLUMBIA SUBDMSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 23, PAGE 60, OF THE PUBUC RECORDS OF PINElLAS COUNlY, flORIDA,
BEING MORE PARTICUlARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-WHITE-SKINNER
SUBDMSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED ON PLAT ..lOOK 13,
PAGE 12 AND 13, OF THE PUBUC RECORDS OF PINELlAS COUNlY, flORIDA; THENCE
N90'00'OO.E, ALONG THE NORTH BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82
FEET; THENCE N05'32'30~ ALONG THE EASTERLY RIGHT OF. WAY UNE OF AFORESAID
GULF VIEW BOULEVARD, SAID EASTERLY RIGHT OF WAY LYING 1.0 FEET WESTERLY OF
THE WESTERLY BOUNDARY OF LOT " BLOCK A, COLUMBIA SUBDMSION, AS RECORDED
IN PLAT BOOK 23, PAGE 60, OF THE PUBUC RECORDS OF PINElLAS COUNlY,
flORIDA; A DISTANCE OF 0.88 FEET TO POINT OF A CURVE; THENCE NORTHEASTERLY
ALONG SAID EASTERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD BEING A CURVE TO
THE RIGHT HAVING A RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26.18
FEET, AND A CHORD BEARING OF N28'11'29'"E; THENCE N90'00'00-W, A DISTANCE OF
34.32 FEET; THENCE S48'31'37-W, A DISTANCE OF 14.15 FEET FOR A POINT OF
BEGINNING; THENCE S41'OO'13"E, 17.95 FEET; THENCE S05'29'40"W, 20.00 FEET;
THENCE N84'30'20"W, 6.00 FEET; THENCE N05'29'40''E, 0.58 FEET; THENCE
N41'28'18-W A DISTANCE OF 16.55 FEET TO A POINT OF INTERSECTION WITH THE
CENTERUNE OF SAID GULF VIEW BOULEVARD; THENCE N05'32'30~, ALONG SAID
CENTERUNE A DISTANCE OF 15.06 FEET; THENCE N48'31'3rE, A DISTANCE OF 7.42.
FEET TO THE POINT OF BEGINNING.
CONTAINS: 416 SQUARE FEET (0.0096 ACRES), MORE OR LESS.
Exhibit '.'A" Page 3 of 5
'~.I.r
SKETCH of DESCRIPTION
SHEET ,. OF 2 SHEETS
PARCEL K
THE VACATED SOUTHERLY 1 FOOT OF GULF VIEW BOULEVARD ADJACENT TO LOT 1,
BLOCK "A", COLUMBIA SUBDIVISION, ACCORDING TO PLAT THEREOF RECORDED IN PLAT
BOOK 23, PAGE 60, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION
OF THE VACATED WESTERLY 1 FOOT OF CORONADO DRIVE ADJACENT TO SAID LOT 1,
SAID VACATED PORTIONS BEING SHOWN BY RESOLUTION FILED NOVEMBER 27, 1959, IN
O.R. BOOK 757, PAGE 40, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT 44, THE LLOYD-WHITE -SKINNER
SUBDIVISION, AS RECORDED IN PLAT BOOK 13 ON PAGES 12 AND 13 OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N90"00'OO"E, ALONG THE
NORTHERLY BOUNDARY THEREOF A DISTANCE OF 3.82 FEET; THENCE N05'32'30"E, 0.88
FEET TO A POINT OF CURVATURE; THENCE 50.17 FEET ALONG THE ARC OF A CURVE
TO THE RIGHT HAVING A RADIUS OF 34.00 FEET, SUBTENDED BY A CHORD DISTANCE
OF 45.74 FEET BEARING N4749'12"E; THENCE S89'54'OO"E, 145.71 FEET TO A POINT
OF CURVATURE; THENCE 12.21 FEET ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 28.66 FEET, SUBTENDED BY A CHORD DISTANCE OF 12.12 FEET,
BEARING S77 41' 47"E TO A POINT ON A NON-TANGENT CURVE; THENCE 1.11 FEET
ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, SUBTENDED BY A
CHORD DISTANCE OF 1.11 FEET, BEARING SOl'09'52"E TO A POINT OF INTERSECTION
WITH THE NORTHERLY BOUNDARY OF SAID LOT 1 AND A POINT ON A NON-TANGENT
CURVE; THENCE 12.26 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A
RADIUS OF 27.66 FEET, SUBTENDEO BY A CHORD DISTANCE OF 12.16 FEET, BEARING
N7712'09"W; THENCE N89'54'OO"W, 145.71 FEET TO A POINT OF CURVATURE; THENCE
48.69 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 33.00
FEET, SUBTENDED BY A CHORD DISTANCE OF 44.39 FEET, BEARING S4749'12"W;
THENCE S05'32'30"W, A DISTANCE OF 0.78 FEET TO THE SOUTHWEST CORNER OF SAID
LOT 1; THENCE N90'00'00"W, A DISTANCE OF 1.00 FEET TO THE POINT OF BEGINNING.
CONTAINS: 208 SQUARE FEET (0.0048 ACRES), MORE OR LESS.
LEGEND
PIS PRllfESSIONAl lRIIl StJIMlllR
L8 UCENSED BUSINESS
(Po) PlAT 1NFllRIIA1IOIl
( ) DEED or IlESCRII'llON 1NFllRIIA1lON
POB POINT OF IlECINNING
NOlES:
1. NO INSlRUIAENlS OF RECORD REFI..EC1ING fASalENlS. RIGHT OF WAY ANO/OR
OWNERSHIP WERE fURNISHED TO 1lI1S SURVEYOR EXCEPT AS SHOWN.
2. 1lI1S SKETCH DOES NOT REFlECT OR DETERIAINE OWNERSHIP.
3. USE OF 1lI1S SKETCH BY ANYONE O1lIER 1lIAN llIOSE PREPARED FOR WILL BE llIE
RE-USERS SOLE RISK WI1lIOUT UA8lUTY TO llIE SURVEYOR.
4. THE SKETCH WAS PREPARED WIllIOUT THE BENEFIT OF A CURRENT 1lTlL COIAIAITI.tENT
AND IS SUBJECT TO EASElAENlS, RIGHTS-OF-WAY AND SIlAllAR IAATTERS OF nn.E.
5. MERIDIAN BASED ON llIE NORTH BOUNDARY OF LOT 44 AS BEARING N9I1DD'OO"E (P).
PREPARED FOR,
The Related Group
DATE: 4/28/08
(DRAWINGI I PARCEL-K ') (Project No, I 8021 'j
I Checked By I JAC I I ReId Book I ' I
lDrawn By I JAC ) l Pages I. )
,
, SUNCOAST LAND SURVEYING. Inc.
111 FOREST lAKES BOULEVARD
OIDSMAR, FlA. 346n
'-------/ BIlUNDARY - TIPOGRAPHIc - alNS1RIJC1DI STAKEOUT
LB 4513 PHONE: (813) 854-1342 FAX: (813) B55-689D
S\JRI/EYOR"S CER1IFlCA TE
I IlIIlIby CIIIlIY IIlalllle SUM.Y ..- __ _ porfCllllll! ....... IIIJ RESPlHlaE
CHoW;E III lIlll dale(s) ....... and _ lIlll -.u m:HIII:A. SI'NIWlllS lit ..... by
thl FUlRIIIA IKWlD or PRCFESSIOIL\L lNlII SUIM'IllRS .. ChapIor .IGI7.... FUlRIllA
- au ....-.ant tD -. 472J1D. fI.llRIlo\ SI'A1IIIES.
'WI" Y.UI WIIHDIlI' 1IIE SIIlIWUlIi NlIl 1IIE lIIlIGlM. IWSEII 5alr or A A.llAIlA UC8ISEIl
S\IM'/llR "" IIN'PER'. .'-1 ' II t:>..L' ~; -.....
~ ~Y A. COPB.AND. PLS'N0.5279.'" . "__
Exhibit "A" Page 4 of 5
SKETCH oT DESCRIPTION
SHEET 2 Of 2 SHEETS
~
.~
SCALE: 10 = 40'
~
0' 20' 40'
r-
-
..............
GULF VIEW BOULEVARD '\.
RICIlT Of WAY (P)
VACA1Bl Pal OR. BOOK 14168 PAGE 2S38 ~ \
S89'M'OO"E ^ 145.71'(0) C2;
N89"54'OO"W . '( 145.71'(P) ~,
Vacotod SautIterIy 1.0' at GlM View BauIevard J C4 ~
o por OR. Book m Page 40 \
PIatled Right of Way Une LOT 1 BLOCK . A. "
ll~ ~ WEST COWUBIA SUBOMSlON Plat Book 23 Page 60 206.J~<!L J.
l~=--~--~---r--~--~---T--~-~"
Q ~NW LotCot"' I '\..LJ I I I I I I ,HE ~ II
a. r I I. I I I LotJ93
'(' I P.O.B. I hiE LLOvq-WHITE-JKINNER c::1'BDMSIO~ I 1/
~ I I I. PLA1 BOOK 11 PAGE 1~13 I I 118'(0) 1/
~ '~ 11i::' /1i::' I~ I I : I I I~II' 10
-J I a.. 18 I"...;;: .e:; 11i::' 1i::' ~ I -..:
o ~ ,g I~ ~ 'lii I~ ~ ~ gl-
CXI I ~ 11i Illl I:;; I~ I~ 'ii ~I I !l1:t
~ I; ~I I I I I 1- 1- ~I =/1 Q~
UJ ~ ~/' LDT# , LDT45 , LDT4& I LDT47 I LDT90 , LDT91 , LDT92 I l.or93 1/ Oi
f-f k ~ I I I I I I " 1/ Ql!;
;>. I I I I I I I I I 1/ '('
U. I I- -JOW_ L .2:j'C/?LL-2S:!/?) I I I I , 1/ Z i
...J I -J -~L L .2:j'Cl1.1. ,I I 1 1/ 016
::> , I FIRST A' 'E -2S:!/?)-J -~PL L...lo:cP.L JJ a.
~ I I . v, NlJE 0
I liO" RIGHT Of WAy (P) I u
: I
" UNE BOOING DISTANCE I
11 N9O"OO'OO"E 3.82'
L3 N90"OO'OO"W 1.0'
l4 N05"32'30"E 0.88'
15 S05"32'30"W 0.78'
--
I
I
/"""
/'
/
to'
CUlM: RADIUS DELTA ANGLE ARC lENGTH CHORD lENGTH CHORD BfARlNG
Cl 34.00' 84'32'39' SO.17' 45.74' N 4749'12' E
C2 28.66' 24'24'12' 12.21' 12.12' S 7741'47" E
C3 40.00' 01'35'<4/)' 1.11' 1.11' S 01'09'52" E
C4 27.66' 25"24'10' 12.26' 12.16' N 7712'09' W
C5 33.00' 84'32'39' 48.69' 44.39' S 4749'12' W
\
SUNCOAST LAND SURVEYING, InC.
I 111 FOREST lAKES BOUlEVARD
; OlDSMAR, FlA. 346n
"---.:./ BOUNDARY - lllPOCRAPHIC - CllNS1RIlCllOO STAKEWT
LS 4513 PHONE: (813) 854--1342 fAX: (813) 855-6890
(DRAWING' I
I Checked By I
lOrawn By I
PARCB.-K )
JAC I
JAC )
Exhibit "A" Page 5 of 5
Parcel C
Parcel D
EXHIBIT "B" TO
AMENDED AND RESTATED
CONTRACT FOR EXCHANGE OF REAL PROPERTY
OWNER PARCELS
SKETCH of DESCRIPTION
SHEET 1 OF 2 SHEETS
Parcel C
PARCEl C
THE EASTERLY 18 FEET OF LOT 93; TOGEJHER WITH THE WESTERLY 1.86 FEET OF THE
RIGHT OF WAY OF CORONADO DRIVE ABUTIlNG LOT 93, LLOYD-WHITE-SKINNER
SUBDMSION /is RECORDED IN PLAT BOOK 13, PAGE 12, PUBUC RECORDS OF PINEUAS
COUNTY, FLORIDA;
TOGEJHER WITH A PORllON OF LOT 1, BLOCK A, COLUMBIA SUBDMSION /is RECORDED
IN PLAT BOOK 23, PAGE 60, PUBUC RECORDS OF PINlliAS COUNTY, FLORIDA, AND
TOGEJHER WITH A PORllON OF THE WESTERLY 1 FOOT OF THE PLATTED RIGHT OF WAY
- OF CORONADO DRIVE ADJACENT TO SAID LOT 1, ALL OF THE ABOVE BEING FURTHER
DESCRIBED /is FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 93, LLOYD-WHITE-SKINNER SUBDMSION,
THENCE N84.27'3Q"W ALONG THE SOUTHERLY BOUNDARY OF LOT 93 A DISTANCE OF
1 8.00 FEET; THENCE N05.32'3Q"E ALONG A UNE 18 FEET WESTERLY OF AND PARALLEL
TO THE EASTERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF 132.32 FEET; THENCE
5.24 FEET ALONG THE ARC OF A CURVE TO THE lEFT HAVING A RADIUS OF 40.00 FEET,
A CHORD OF 5.23 FEET AND A CHORD BEARING N01.47'31"E TO A POINT ON A
NON-TANGENT CURVE; THENCE 35.43 FEET ALONG THE ARC OF SAID CURVE TO THE
RIGHT HAVING A RADIUS OF 28.66 FEET, A CHORD OF 33.22 FEET AND A CHORD
BEARING S3<T04'20"E; THENCE N90'00'OO"E, ALONG THE EASTERLY PROJEcnON OF THE
NORTHERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF 0.86 FEET; THENCE
S05'32'3Q"W, ALONG A UNE 1.86 FEET EASTERLY OF AND PARALLEL TO THE EASTERLY
BOUNDARY OF SAID LOT 93 A DISTANCE OF 110.62 FEET; THENCE N84.27'3Q"W A
DISTANCE OF 1.86 FEET TO THE POINT OF BEGINNING.
CONTAINS: 2,568 SQUARE FEET (0.059 ACRES), MORE OR LESS.
PLS
LB
~~J
POB
LEGEN D
PRIlFESSlONN.. lNlD SURVE'lllR
UCBlSED IIJSlIIESS
PlAT H'llRIWKlN
DEED ar DESCRIPTION INFllRIlA110N
PaNT OF IlEClIINING
NOTES:
1. NO INSTRUMENTS OF RECORD REFlECTlNG EASEMENTS, RIGHT OF WAY AND/OR
OWNERSHIP WERE FURNISHED TO lHlS SURVEYOR EXCEPT IS SHOWN.
2. lHlS SKETCH DOES NOT REFlECT OR DETERMINE OWNERSHIP.
3. USE OF THIS SKETCH BY ANYONE OTHER 1HAN lHOSE PREPARED FOR WILL BE lHE
RE -USERS SOLE RISK WIDfOUT UABlUTY TO 1HE SURVE.'tOR.
4. lHE SKER:H WIS PREPARED WI1HOUT lHE BENEFIT OF A CURRENT mu: COMMINENT
AND IS SUBJECT TO EASEMENTS, RIGHTS-OF-WAY AND SIMILAR I.lAm:RS OF llTl.E.
5. MERIDIAN BASED ON lHE NORlH BOUNDARY OF LOT 44 IS BEARING N9UOO'OO"E (P).
[ __MED p~
The Related Group
][ ~~ '~M
\
J SUNCOAST LAND SURVEYING, Inc.
111 FOREST LAKES BOULEVARD
OlDSMAR, FlA. 348n
SUR\IE'tOR'S CERlIFICA TE
I IwobJ cortIIJ _ h SIIM'f dopicled - _ perfann.I ..- IIrf AESPONSIU:
QWlGE ell lIlo daIo(o) -. ... _ lIlo ~ llDIIC.\L 5IHIIo\RDS OIl _ by
IIIe R.llIIIlA BlWlII OF PRlHSSIllIIM. INIIl 5IR'IE'tORS in 0Iapt0r 61017-6, R.llIIIlA
MlIIHSII!A1M! ClIIIE puIOIllOIl .. SodIan 472.027, ~ STAlUIES.
"Nor WII.IIllIIIIlXJT l1E -1 NIll1E ~~-OF A ~ UCEIlSEIl
SlJIMnJt NIl IW'PER" '-. _ 11 .1-tL- \\ ~
'\.EFFtRY A. COPElAND, Pl!S No.5279
~
LB 4513
IlOIHlARY - llJIOCRAPItC - lXIIS1RIJCIJCJl STAKEllIT
PHONE: (813) 854-1342 FAX: (813) 85S-689O
~
I
)
SKETCH of' DESCRIPTrON
SHEET 2 OF 2 SHEETS
~
SCALE : 1. = 50'
~
O' 25' 50'
GULFVIEW BOULEVARD
S8!r54'OO''[
__-------79.39.---.....,
./ RIGHT OF WAY (P) ~
/' .;' VACATED PER o.R. BOOK 14168 PAGE 2536 \
/ /' N89'54'OO''W 145.71' ~
"J-- LOT 1 BlOCK "A" ~~.
<COLUMBIA SUBDIVISION I ,~ L2
PlAT BOOK 23 PAGE 60 /
') --,-'--T--r-,--T--rJW~.
(\ '\. 1 1 1 1 I 1 1 1 I ~ 18'(0) ~
1 ~ 1 1 1 1 -~ :=
, : lDf 44 : lDf 4S I lDf 46 I lDf 47 : lDf 90 : lDf 91 I lDf 92 I lDl ~ - ~
I I I 1 I I I I I ~ --g!
I I THf= LLo~-wHrnl:-sKINI/lER S~DIVISI),N ~ ~ ~ g2
I I 1 Pl/ATBOOK lJPAGE '1-'3 I T ~I ; ~ i~
1 1 1 1 1 1 I 1 I t: ~ ? f..,
1 1 I 1 1 I 1 I 1 {:; ~ ~ ~~
I 1-.1 1 1 , I I 1 ~ ~ ~ .;~
I -- --L_-1 .1.. L 1 I ~ :g~:g
, - - - -....J ~LJ ::~
- - - ..L..J L1 ,/. ..:~
I JO'(PJ j J g:
: 60' RIGHT OF ~RST A VENUE 1 ~i
I Y (P) VACAlED PER O.R. BOoK ':!f
I- 1~ P~ 1518 I.
-- I
, -------
-----_ I
---
----I
I
,
1
,
,
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING
Cl 40.00' 5.24' 5.23' NQl"47'31 "E
C2 28.66' 35.43' 33.22' S30'D4'20"E
C3 40.00' 61.40' 55.54' S 45"55'44" E
C4 28.66' 12.21' 12.12' S 17'41'47" E
UNE BEARING DISTANCE
11 N84"27'30"W 18.00'
12 N9lToo'OO"E 0.86'
13 N84"27'30"W 1.86'
\
1 SUNCOAST LAND SURVEYING. Inc"
7 111 FOREST LAKES BOULEVARD
OlDSMAR, A.A. 34677
'------/ BOlNlARY - TlI'OGRAPHIC - ClJIS1RUC1IQl STAICEOOT
LB 4513 PHlK: (813) 1154-1342 FAX: (813) lI55-689O
(ORAWINGf I
I Checked By I
lprawn By I
PARCEL-C )
JAC I
JAC )
~
H
a.
Q
O~
Q ~
l!;
~3
2 ii!
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a.
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Parcel D
~KETCH of DESCRIPTION
SHEET 1 OF 2 SHEETS
PARCEl 0
THE EASTERLY 18.0 FEET OF LOTS 97, 98, 99, 100, AND 101;
TOGETHER WITH THE EASTERLY 18.0 FEET OF LOT 102 LESS THE SOUTHERLY 30.0
FEET THEREOF, LLOYD-WHITE-SKINNER SUBDIVISION AS RECORDED IN PLAT BOOK
13, PAGE 12, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
CONTAINS: 5,670 SQUARE FEET (0.1302 ACRES), MORE OR LESS.
PLS
LB
~~~
POB
LEGEND
PIlOfESSKlNN.. lNIl SUlM:YllR
UCENSED BUSINESS
PlAT NllRIlA110N
OEm ... IlESCRIP110N INFllRIWKlN
POINT OF IlEGINNtlG
NOlES:
1. NO INSTRUIAENlS OF RECORD REFlECTING E"ASEJ.IENlS. RIGHT OF WAY AND/OR
OWNERSHIP WERE FURNISHED TO ntlS SURVEYOR EXCEPT AS SHOWN.
2. ntlS SKETCH DOES NOT REFlECT OR DETERIAINE OWNERSHIP.
3. USE OF THIS SKETCH BY ANYONE OTHER THAN THOSE PREPARED FOR WILL BE ntE
RE -USERS SOlE RISK WITHOUT UABlUlY TO THE SURVEYOR.
4. THE SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITlE COIAIAITMENT
AND IS SUBJECT TO E"ASEJ.IENlS, RIGHTS-OF-WAY AND SllAllAR IAATTERS OF lTTL.E.
5. IAERIDIAN BASED ON THE NORTH BOUNDARY OF LOT 44 AS BEARING N9O'OO'OO"E (P).
PREPARED FOR,
The ReI.ted Group
[
DAlE: 4/28/08
] (DRAWING' I
I C..,..dB, I
. lorawn By I
PARCB.-D ') (ProJect No.1 8021
JAC I I field Book I
JAC J l Page. I.
')
I
J
\
I SUNCOAST LAND SURVEYING. InC.
f 111 FOREST LAKES BOUlEVARD
OLDSMAR. FlA. 34677
"'---/ IlOUNllARY - 1llPOORAPHlC - COIS1RUC11IJl STAKEOOT
LB 4513 PHlJolE: (813) 854-1342 FAX: (813) 855-6890
SURIIEYOR'S CERllF1CA TE
I hereby cortiI'J _ !he SUMY dopic:Iod _ _ porfarmed ...... IIIJ RESPOIC5Il[
- an !he dalo(o) -.. and __ !he WUJII 1mRCM. STN<<WlDS sot forth by
tho ~ BlloIRD OF I'ROfDS1OIW. lNIl SUR'IE."IIlRS in a...- 61G17-6, f\.llfiIIlII
AIlIINSTIlAlNE au: ..- III Sodion 472.021. fl.IlIlq SfA1UIB.
'Mlr WI.ID llI1HlJUT lIE SlGllAlIJIlE NIl lIE ~ _ RAISEI SDI. OF A FUlRIlA IJ:EIlSEII
5UMllIR NIl --. \1 J'1L J _~
~ ....Jf--.".,
"-.EftERY A.. COPElAND, ts No.527".
Src::ETCH of DESCRIPTION
SHEET 2 OF' 2 SHEETS
I
I I I
I I , : ' I
SCALE : 1- = 50' I I I I I I I I
I I I I ' I / I: II
~ r--..L-_L_..J I , I " /I
0, 25' 50' I --..1..-_L_-1 I /I
, I ---L+_~
I' FIR I I
I 80' IIICHr "" ",y cPyZ: A VENUE . I I
I I lED PEIl o.R. _
I IS02J PAGE 1518 , I
I f-~rl-;-- , ,
, I I 25 (P) ,Gs'(Pj -, 25'(Pf I ifFo,- ~ _ ',8 oj
, I, , I ,e/ 25'cP) ., 25'(Pf I ~ I
I I I ' I I ' , I JO'(P) ;
I I I I I I I I I
I If ~ ~ ~ b L / I
I I lOT 48 I lOT 49 (" I~ ~ ~ ~ b
I I I , lOT 50 lOT 51 I lOT 94 I I~ Ii" ~
^, , , I I ,. I lOTlS lOT98'
&..II I, I I I ,lOT,"
~I t- - -...L I I I I , I
:s, , -iro:cP';---l--...L,__L_J I
lJ.J I'" , ~ I 1000cP) - ...L - __
-J, iQ I~. I
=>... '" LOT 52
0' l ,... , f;
'D/~ I I LOT 98 g
~/'~ I----_IJ~OL_ L-___'OO'(P) Q
lJ.J i I ----1 ----c-
I-f ,;:; 10:- THE LlOYD-WHlTE-SKlNNER JuBDMSlON ill
:> I if;,.... PlAT BOOK 13 PAGE h-13 LOT 99 r,
fJ../ Q. q \I E'
-J R@ ,Ii lOT 53 I a ~
=>/ ~ I ~___-.!~) '(
~, 1---_ IJO'cP) I --- 4._
I , ----
---I
, I LOT 100 ~
,0:- , ~
I If LOT 54 I tit
I I f- - - _ -!00'(p)
, I ' ---- --
, I---__IJ~(P) ,
I I ------1 LOT 101 ~
/ 10:- LOT 55 L g
L _ l'i , - - - -!'!iI')
--r--7.-- I -----
I SauII1erIy;-IDl55j-----,--____ 118.0'
1---__ ~ ---<l~
, lio:;... - _ I LOT 102 0:-
,r/ -, SauII1erIy J/J' IDl 102 ~I
~ LOT 56 r----_ 1 8,
I", I . 1000cP) - - - -.l
r- t! I
--, -----__ , LOT 103 I
I ---~---__ ~
I l--__f!!CPL__' ----1 gl
, ---'----lWlP1.. I I
---,-1
I
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I
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I
,
I
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,
I
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,
I
I
,
I
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I
I
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,
I
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I
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,
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,
,
I
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,
I
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\
} SUNCOAST LAND SURVEYING, Inc.
111 FOREST lAKES BOUlEVARD
OLDSMAR, R.A. 346n
"'---/ BOUNDARY - 1tFOGRAPHIC - ClIIS1RUC1104 STAKECllT
LB 4513 PHONE:: (813) llS4-1342 fAX: (813) lI55-6B90
(ORAWINGI I PARCEl-D 1
I Checked By I JAC I
lOrawn By I JAC )
~
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a.
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a.~
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EXHIBIT "C" TO
AMENDED AND RESTATED
CONTRACT FOR EXCHANGE OF REAL PROPERTY
PARCELl
Parcel J
SKETCH of DESCRIPTION
SHEET 1 OF 2 SHEETS
PARCEL J
A PARCEL OF lAND BEING A PART OF GULF VIEW BOUlEVARD, AS DEPICTED ON THE
PLAT OF COLUMBIA SUBDMSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 23, PAGE 60, OF THE PUBUC RECORDS OF PINlliAS COUNlY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-WHIlE-SKINNER
SUBDMSION, ACCORDING TO THE PLAT THEREOF, AS RECORDED ON PLAT -,OOK 13,
PAGE 12 AND 13, OF THE PUBUC RECORDS OF PINlliAS COUNTY, FLORIDA; THENCE
N90"00'OO.E, ALONG THE NORTH BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82
FEET; THENCE N05"32'30~ ALONG THE EASTERLY RIGHT OF WAY UNE OF AFORESAID
GULF VIEW BOUlEVARD, SAID EASTERLY RIGHT OF WAY LYING 1.0 FEET WESTERLY OF
THE WESTERLY BOUNDARY OF LOT 1, BLOCK A, COLUMBIA SUBDMSION, AS RECORDED
IN PLAT BOOK 23, PAGE 60, OF THE PUBUC RECORDS OF PINlliAS COUNlY,
FLORIDA; A DISTANCE OF 0.88 FEET TO POINT OF A CURVE; THENCE NORTHEASTERLY
ALONG SAID EASTERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD BEING A CURVE TO
THE RIGHT HAVING A RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26.18
FEET, AND A CHORD BEARING OF N28"11'29"E; THENCE N90"00'OO"W, A DISTANCE OF
34.32 FEEr; THENCE S48"31'37"W, A DISTANCE OF 14.15 FEET FOR A POINT OF
BEGINNING; THENCE S41"00'13"E, 17.95 FEET; THENCE SOS29'40"W, 20.00 FEET;
THENCE N84"30'20"W, 6.00 FEET; THENCE N05"29'40"E, 0.58 FEEr; THENCE .
N41"28'18"W A DISTANCE OF 16.55 FEET TO A POINT OF INTERSECTION WITH THE
CENTERUNE OF SAID GULF VIEW BOULEVARD; THENCE NOS32'30.E, ALONG SAID
CENTERUNE A DISTANCE OF 15.06 FEET; THENCE N48"31'37"E, A DISTANCE OF 7.42'
FEEf TO THE POINT OF BEGINNING.
CONTAINS: 416 SQUARE FEEr (0.0096 ACRES), MORE OR LESS.
LEGEND
PIS I'ROfESSIONN.. INlII SUIMlllR
LB LJCaISEIl IIUS1NESS
(Po) PIN 1NRlRIIA1I0N
( ) IlEEIl or IlESCRIPllON INFORYAl1CN
POB . POINI' OF IlE!;INNING
NOlES:
1. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS. RIGHT OF WAY AND/OR
OWNERSHIP WERE RlRNISHED TO THIS SURVEYOR EXCEPT ~ SHOWN.
2. THIS SKETCH DOES NOT REFLECT OR DETERMINE OWNERSHIP.
J. USE OF THIS SKETCH BY ANYONE OTHER THAN THOSE PREPARED FOR WILL BE THE
RE-USERS SOLE RISK WIlHOUT UABIUTY TO THE SURVEYOR.
4. THE SKETCH W~ PREPARED WITHOUT THE BENEFrr OF A CURRENT mu: COUMl1llENT
AND IS SUBJECT TO EASEMENTS. RIGHTS-OF-WAY AND SIMIlAR MATTERS OF 1TTL.E.
5. MERIDIAN ~ED ON THE NORTH BOUNDARY OF lDT 44 ~ BfARlNG N90"OO'OO"E (P).
PREPARED FOR:
The Related Group
(DRAWlNG# I
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8021
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DATE: 4/28/08
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, SUNCOAST LAND SURVEYING, InC"
111 FOREST LAKES BOUlEVARD
OLDSMAR, FlA. 34677
SURIIEYOR'S CERl1ACA lE
I hnby -ury tIIal IIIe SIRIEr dopfdod _ .... porfannod _ my RESI'OIISIllE
0WlGE ... the dal2(s) sh-. '"'" ...... the IINIIIJIl ltDNCAI. STHlIlARDS IlII Iarlh ..,
IIIe Fl.OfllIlA IlONlIl Of PRlIfESSIllIW. IJ.HD SUR'IEIllRS In Claptor 61G17-o. FUlfiIIlA
MlIlHSl\WlVE COIlE .....-ant III Sedian 1Ii12JJ1J. FURIA SOOUIES.
'llOT VIUl WlIHOU1' nti~ _lIE ORICIW. ~ SIlN.. OF UUlRIBl UCEHSSl
SUMYllR RIll --~ .Jk4-~- -~.
'\..EF \:RY A. COPElAND. PIS' No.5279
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LS 4513
BOUNDARY - TOPOGRAPIlIC - CQlS1RUC1ICJl STAI<EOUT
PHONE: (81J) 854-1342 FAX: (813) 855-6890
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COLUMBIA SUBOMSION
PlAT BOOK 23 PAGE 60
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'}i~ /f'LU BOOK 13 PAGE 12-13
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SW Comer r - ~'Q2 _ .L
lot 44 --__
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FIRST" A VENUE
UNE BEARING DISTANCE
Lt 541'28'18"E 16.55'
L2 505"29' 4O"W 0.58'
l3 S84'3O'20"E 6.00'
L6 N4I'OO'13"W 17.95'
L7 N48'3I'J7"E 14.15'
L8 N90"00'oo"W 3+.32'
L9 N05"32'3O"E 0.88'
LtO N90"00'OO"E 3.82'
Lt7 N05"29' 4O"E 20.00'
Lt8 S05"32'30"W 15.06'
LI9 N48"3I'J7"E 7.42'
r CURVE I RADIUS I ARC LENGTH I CHORD LENGTH I CHORD BEARING 1
IC3 134.00' I 26.87' I 26.18' I N28"1I'29"E (D) 1
\
J SUNCOAST LAND SURVEYING, Inc.
111 F"OREST LAKES BOULEVARD
OlDSMAR, f"l.A. 34677
I
~
LS 4513
BOUNDARY - llJ'OGRAPHIC - CllNS1RUCftlJl STAKEOUT
PHONE: (813) 854-1342 fAX: (813) 855-6890
(DRAWINGI I
I Checked By I
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EXHIBIT L
REPRESENTATIVE CROSS SECTION OF SECOND STREET
. ,
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SO' RIGHT-Of-WAY
3S' - 2ND STREET
2.00" 2,00" 'I.
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. . eo . '0 . 't I, '0 . "0 "0 "0 . '0 "0 "0 . "0 "0 "0 . "0 '0 " . '0 '0 " . '0 '0 '. . '. . : . . .: . . : : . : : : . . . : . . . : . . ' : . . .: .' .'
TYPICAL CROSS SECTION
Not To Scole
EXHIBIT L
EXHIBIT M
PARKING PROTOCOL
The following parking protocol shall be implemented by the Developer to provide
adequate parking for guests and employees and to reduce the incidence of traffic backups
at the entrance to the Project at the Coronado Ave. porte cochere:
1. Adequate valets shall be employed to handle anticipated traffic volumes. Valets
shall be provided as needed in the porte cochere area as well as on each parking
level where valet parking service is required to park the cars of hotel guests, the
public and hotel staff.
2. Vehides awaiting valet service shall be parked in the porte cochere area of the
Project (the "Porte Cochere") so long as space is available.
3. Hotel event planners will take all steps reasonably necessary to provide additional
valet to prevent a traffic backup on Coronado Avenue. In extraordinary
circumstances, guests can be directed to enter the valet queue either under the
Porte Cochere or enter the garage directly from Second Street to await valet
service. For example, (i) parties booking such events will be provided copies of
written directions suitable for distribution advising guests directing them to
proceed directly to the Second Street Entrance and (ii) prior to such events steps
will be taken to maximize the number of spaces available in the street level
parking area for use by guests attending the event.
4. Hotel employees shall be permitted to park in the garage pursuant to the same
operational procedures as guests at a rate not to exceed the daily public parking
rate set by the City of Clearwater for public parking lots on South Clearwater
Beach.
EXHIBIT N
DEVELOPERS PRO RATA SHARE CALCULATION AND REPAYMENT SCHEDULE
~~'-.. ~_J_ "'P~
EXHIBIT 0
Concession Standards
Such concessions provided by the Developer include:
1. Rental of beach towels
2. The sale of snacks and non-alcoholic beverages from Resort Hotel restaurants and delivery of
such on public land;
3. The sale of beach sundries and delivery of such;
4. Ability to charge hotel guests on Room Account;
5. Ability for hotel guests to rent Beach Concessions from provider on Room Account
Beach Concession Criteria Quality Standards
Furniture and delivery of service shall substantially comply with that provided for in the agreement
with Beachwalk Resort, LLC dated December 10,2004 and recorded in the Public Records, OR Book
13996, Page 2409 in Pinellas County, Fla.
#450612 v3
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