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DVA2009-00001 - 101 Coronado Dr - Holiday Inn ExpressDVA2009-00001 101 CORONADO DR HOLIDAY INN EXPRESS PLANNER OF RECORD: WW ATLAS # 267A ZONING: T LAND USE: RFH RECEIVED: 03/03/2009 INCOMPLETE: COMPLETE: MAPS PHOTOS: STAFF REPORT: DRC CDB: CLW CoverSheet CDB Meeting Date: May 19, 2009 Case Number: DVA2009-00001 (Related to FLD2009-03013) Agenda Item: F.l. (Related to E.4.) Owner/Applicant: Decade Companies Income Properties Representative: Keith Zayac, PE, RLA, LEED AP, Keith Zayac & Associates Inc. Address: 101 and 105 Coronado Drive and 35 Devon Drive CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review of, and recommendation to the City Council, of a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design. CURRENT ZONING: Tourist (T) District CURRENT FUTURE LAND Resort Facilities High (RFH) USE CATEGORY: BEACH BY DESIGN Small Motel CHARACTER DISTRICT: PROPERTY USE: Current Use: 22-room motel and vacant land (formerly a 16-unit motel and a 15-unit motel) Proposed Use: Overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel illensity Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities accessory to the hotel at a height of 89 feet (to roof deck) EXISTING North: Preservation (P) District City Marina SURROUNDING ZONING South: Tourist (T) District Retail sales and Overnight AND USES: accommodations East: Tourist (T) District Overnight accommodations and City parking lot West: Tourist (T) District Temporary City parking lot ANALYSIS: Site Location and Existing Conditions: The 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive/First Street. The subject property is currently developed with a 22-unit motel (101 Coronado Drive) and vacant land presently used for construction trailers for the HyattJAqualea project (105 Coronado Drive and 35 Devon Drive). The vacant parcels were previously developed with a 16-unit motel (105 Coronado Drive) and a 15-unit motel (35 Devon Drive). Community Development Board -May 19, 2009 DVA2009-00001 -Page 1 of 3 Development Proposal: The development proposal includes a companion Flexible Development application (FLD2009-03013) to permit an overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities accessory to the hotel (meeting room and exercise room) at a height of 89 feet (to roof deck). All 108 units of the hotel and 94 parking spaces on four levels are proposed on the northern portion of the site (north of Devon Drive). A surface parking lot for 18 spaces is proposed on the southern portion of the site (south of Devon Drive). Development Agreement: The Development Agreement is a requirement for the allocation of hotel units from the Hotel Density Reserve, adopted as an amendment to Beach by Design under Ordinance 7925-08 on July 17, 2008. A total of 1,385 hotel rooms are available under the Hotel Density Reserve and this proposal requests the allocation of 72 units from it. The City has established the Development Agreement format as a means to facilitate the allocation of the units and to set forth appropriate provisions related to the development of the property. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: ^ Provides for the allocation of 72 units from the Hotel Density Reserve; ^ Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; ^ Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; ^ For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and ^ Requires a legally enforceable mandatory evacuation closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board (CDB) has been provided with the most recent 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. Community Development Board -May 19, 2009 DVA2009-00001 -Page 2 of 3 SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of April 2, 2009, 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: The Planning Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive/First 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, the Design Guidelines contained therein as the property is located within the Small Motel character district and the criteria for allocation of units from the Hotel Density Reserve. Conclusions of Law: The Planning Department, having made the above findings of fact, reaches the following 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 (FLD2009-03013); 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; 4. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of Beach by Design and the Small Motel character district; and 5. That the Development Agreement complies with the criteria in Beach by Design for the allocation of units from the Hotei Density Reserve. Based upon the above, the Planning Department recommends the APPROVAL, and recommendation to the City Council, of a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design, for the property at 101 and 105 Coronado Drive and 35 Devon Drive. Prepared by Planning Department Staff: Wayne M. ells, AICP, Planner III ATTACHMENTS: ^ Development Agreement with Exhibits ^ Location Map ^ Aerial Map ^ Future Land Use Map ^ Zoning Map S:IPlanning DepartmentlCD BIFLEX (FLD)IPending cased Up for the next CDBIDVA2009-00001 -Coronado 0101 -Holiday Inn Express (T) - 5.19.09 CDB -WWI Coronado 0101 Dev. Agree. Stuff Report for 5.19.09 CDB.doc Community Development Board -May 19, 2009 DVA2009-00001 -Page 3 of 3 Wayne M. Wells, AICP 100 South Myrtle Avenue, Clearwater, FL 33756 Phone: 727-562-4504 ~ Email: wayne.wells(rmyclearwater.coni 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 Pinellas 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 l rained and supervised three employees; Yreparecl 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 II, 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 predevelopment 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 Primarily prepared graphics, for both publication and presentation; Division photographer for P/2 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, 19S 1 Bachelor of Design in Architecture, University of Florida, 1976 LICENSES & CERTIFICATES American Institute of Certified Planners American Planning Association, Suncoast Section Clearwater v Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 ^ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ^ SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans ^ SUBMIT APPLICATION FEE $ '~ NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS) 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: DEVELOPMENT AGREEMENT APPLICATION (Revised 10/14/2003) PLEASE TYPE OR PRINT A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: Section 4-202.A) APPLICANT NAME: Decade Companies Income Properties MAILING ADDRESS: 13555 Bishops Court, Ste 345. Brookfield, WI 53005 PHONE NUMBER: 262-797-9215 FAX NUMBER: CELL NUMBER: EMAIL ADDRESS: PROPERTY OWNER(S): Decade Companies Income Properties (Must include the names of all property owners on deed -please PRINT full names) AGENT NAME: Keith Zavac PE RLA LEED AP; Keith Zavac & Associates. Inc. MAILING ADDRESS: 701 Enterprise Road East, Ste 404, Safetv Harbor, FL 34695 PHONE NUMBER: 727-793-9888 FAX NUMBER: 727-793-9855 B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: 101 & 105 Coronado Drive LEGAL DESCRIPTION: See Attachment A PARCEL NUMBER: 08/29/15/15606/000/0141 ~ 08/29/15/00000/320/0200' 08/29/15117550/002/0012 PARCEL SIZE: 0.72 (acres, square feet) PROPOSED USE AND SIZE: 1 ~8 ~IfTllted Se1VICe OVern1911t a000f11n10C18tI011S (number of dwelling units, hotel rooms or square footage of nonresidential use) DESCRIPTION OF ANY RELATED REQUEST(S): See Attachment B (approval of a development to include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES NO x (if yes, attach a copy of the applicable documents) B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-606.8) An application for approval of a development agreement shall be accompanied by the following (use separate sheets or include in a formal report): STATEMENT OF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,WHICH SHALL NOT EXCEED TEN YEARS 6j DESCRIPTION OF ALL EXISTING AND PROPOSED PUBLIC FACILITIES AND SERVICES THAT SERVE OR WILL SERVE THE DEVELOPMENT; DESCRIPTION OF THE USES DESIRED TO BE PERMITTED ON THE LAND, INCLUDING POPULATION DENSITIES AND BUILDING INTENSITIES AND HEIGHTS; $ INDENTIFICATION OF ZONING DISTRICT CHANGES, CODE AMENDMENTS THAT WILL BE REQUIRED IF THE PROPOSED / DEVELOPMENT PROPOSAL WERE TO BE APPROVED; ~t ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES; ~ 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) ~ 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) Provide the following contents to the development agreement, as follows: ontents. 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; the date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities and services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. The 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 the estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and services required to be constructed by the development agreement. The development agreement shall provide that such construction shall be completed prior to the issuance of any certificate of occupancy. f. 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 code. Additionally, a finding that the requirements for concurrency as set forth in Article 4 Division 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 health, safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental to 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 relieve 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 be commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of future development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of the 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 to, 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 are specifically anticipated in the development agreement. E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-202.A) SIGNED AND SEALED SURVEY (including legal description of property) -One original and 14 copies; ^ COPY OF RECORDED PLAT, as applicable; ^ PRELIMINARY PLAT, as required; LOCATION MAP OF THE PROPERTY. TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, ~/ including drip lines.) -please design around the existing trees; CN GRADING PLAN, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) 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 all 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 the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; (' Note: Per Section 3-911, all utilities shall be located/relocated underground) 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 solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201(D)(i) and Index#701}; 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. '~ SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: 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 (F.A.R.) for all nonresidential uses. '^ REDUCED SITE PLAN to scale (8'/2 X 11) and color rendering if possible; ^ 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 building lines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs; _ Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or realer reflectin size canopy (drip lines) and condition of such trees G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) 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 (as indicated or, required tree survey); ___ Plant schedule with a key (symbol or label) indicating the size, description, specifications and quantities of all existing and proposed landscape materials.. including botanical and common names; _ Location. size, description, specifications and quantities of all existing and proposed landscape materials. including bctamcai and common names: _ Typical planting details for trees. palms, shrubs and ground cover plants including instructions. soil mixes, backfilling. mulching anc protective measures. Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet anal percentage covered: _ Conditions of a previous development approval (e g. conditions imposed by the Community Development Boardl. Irrigation notes. U REDUCED LANDSCAPE PLAN to scale (8 '/z X 11) (color rendering if possible), J IRRIGATION PLAN (,required for level two and three approval); 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 Residential Infill Project. BUILDING ELEVATION DRAWINGS -all sides of all buildings including height dimensions, colors and materials; REDUCED BUILDING ELEVATIONS -four sides of building with colors and materials to scale (fi % X 11) (black and white and color rendering, if possible) as required I. SIGNAGE: (Division 19. SIGNS !Section 3-1806) Comprehensive Sign Program application, as applicable (separate application and fee required). r] Reduced signage proposal (8 Yi X t 1) (color}, if submitting Comprehensive Sign Program application. J. TRAFFIC IMPACT STUDY: (Section 4-801.C) '~ 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 4-8G i 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 kr~a~ authorize~ity representatives to visit and photog~ `(pJ~ described irt,this application. ~ ~,~~~~ ~ ~j~C!jf, l ~ 1 1 r ~._ BF1TY ~ AC,kE=Rr\!AN ,r/) ~. Signature of pkoperty owner or representative T~_ f~~. `lliitd'~a~.ar~ t` of 5 -Development A f~jsconS~n ft).ltckc'S~Yc. STATE OF Ft9RfBa4, COUNTY OF ^'"-r~.~'-cta Swo~r'J', tJo and subscribed before me this day of _ A.D. 20 G9 to me rid/or by ,who s persona y known has produced ( Cf f ~ (- __ __ as identification {i~ l -- -_ Notary p bile. My com fission expires. ~ ~~ ~ -(~ - City or Clearwater -- -"-~ L. AFFIDAVIT TO AUTHORIZE AGENT: I - -- -- ~ Decade Companies Income Properties (Names of all property owners) 1 That (I am/we are) the owner(s) ana record title holders; of the following described property (address or general location): 101 & 105 Coronado Drive --- -- - -~ ~T __ - ---- ---- -- 2 That this property constitutes the property for which a request far a (describe requesti See attached description requests 3 That the undersigned (has/have) appointed and (does/ao) appoint: ------------------- --- ---.------ Keith E. Zayac, PE. RLA. LEED AP as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition: 4 That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property. 5 That site visits to the property are necessary by City representatives in order to pro~ess'~this application and the owner authorizes City representatives to visit and photograph the property described in this application; 6 That Q/wej; the undersigned authority, hereby certify that the foregoing is true and correct. i ~ ;'t ~ f~ r_~ Prope- rty Ov~,n~ ~ Property; Owner I STATE OF~-,~t.~tSco~s~,r~ COUNTY OF ~P4NEt~,4S k~G~tKps}Xt_ `4~~.~.,~t~~\\t,~~tij= . re me the undersigned. an officer duly com~A~S1y he Stat of ~ler~la_.on this I f day of personally appe~d~~ (Q(~C(~j~~ _ ho having been first duly sworn Depo es and says that~~lshe fully understar~s the contents of the i a th e she signed. ~• BFT7Y ,{ - v :~ A, ~E?R7AN y __ _ Y,~-- -----_ __ /p f/ a ~ Notary Public My Commission Expires JI'''Gy `ark `r r rr2 i i ~~,.1~,_,-_,~ S-PJannin~ DF~parYmc-i~r~Appllr,~bbri Foinicdr~vclnpmrn7 ~rvR~wdcvr^!o/irne~nl ag~rrrrail apl;la artn9-dnr Pagc. 5 0l 5 Developrncnt Agrcernent Application C,ty of Clearwater I t' ~ Clearwater u~ ~ Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727 -562-4865 CASE #: RECEIVED BY (staff initials): DATE RECEIVED: a SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION a SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION - Plans and application are required to be collated, stapled, and folded into sets a SUBMIT FIRE PRELlMARY SITE PLAN: $200.00 a SUBMIT APPLICATION FEE $ * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION (Revised 07/11/2008) -PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: MAILING ADDRESS: PHONE NUMBER: CELL NUMBER: PROPERTY OWNER(S): List All owners on the deed AGENT NAME: MAILING ADDRESS: PHONE NUMBER: CELL NUMBER: Q~~~c!~g~!ll:p_~~~_I!1~~!!!~J:>_ro~~!ii~~__n__u_ ___ A~~?~_~i~1!~R~ COurt, Ste 3~?, ~!:~~~!i~~~,_~I 53995 262- 797 -9215 FAX NUMBER: EMAIL: Decad.e G()'Pp.~~s In~ome Pr()p~rti~s !_eith ~ay~c, ~~,~~, I:-~~l?AJ>; ~~i~~a)'~~~~s~()~~~lt~~~!!l_c. ~-- ------- . '. .. - - - . -. -. . . - ..._- 701 Enterp.ti~~ R()adEast, ~!~ 4.9~,.~~~~ HCl!~~!,.I~}i.6~??_ n__._~__.~. .. _ . _ . _ _ . _. _'_____,' ._ 727-793-9888 FAX NUMBER: 727-793-9855 _. __~~__ - - ..--........0 _ __._ __.___ EMAIL:~~i~~@~~i~Y!!~.~()J!1 B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) PROJECT NAME: STREET ADDRESS PARCEL NUMBER(S): PARCEL SIZE (acres): LEGAL DESCRIPTION: PROPOSED USE(S): _-t!()}ic!(iY !1!I!.~){P!.e~~ PROJECT VALUATION: $12.0 Million 101 & 105 Coronado Drive __.".______...~__.~____._____._,_,______o_____ _ ___,___________0__ ~_____.__ ___ ___ Q~~9/15/15606/000/0141; 08/29/15/0Q9Q9D~.9!Q~QO; O.~!~9/15/17550/002/0012 0.72 PARCEL SIZE (square feet): 31,418 --- - See Attachment A - 108 limited service overnight accommodations DESCRIPTION OF REQUEST: See Attachment B Specifically identify the request -<include number of units or square footage of non-residential use and all requested code deviations; e.g_ reduction in required number of parking spaces, specific use, etc.) I:\Holiday Inn Express Clearwater Beach\Permits\~jty of ;le~~ter\Flexible Developmenl (FLD) 2008 07-11_doc DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO..A- (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) JJ. SUBMIT A COpy OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP T (see page 7) D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) pi Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. See Attachment C 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. See Attachment C 3. The proposed development will not adversely affect the health or safety or persons residing or wor1<ing in the neighborhood of the proposed use. See Attachment C 4. The proposed development is designed to minimize traffic congestion. See Attachment C 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. See Attachment C 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. See Attachment C 1:\Holiday Inn Express Clearwater Beach\pennits\~ity of .9'e~~ate~lexible Development (FLD) 2008 07 -11.doc WRITTEN SUBMITTAL REQUIREMENTS: (Flexibility Criteria) , Provide complete responses to the applicable flexibility criteria for the specific Use as listed in each Zoning District to which the waiver is requested (use separate sheets as necessary) - Explain how each criteria is achieved, in detail: ?~~~'-rACtf't-.;t~ 1/ E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4-202.A.21) P. A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. o If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. o o o o o o o o At a minimum, the STORM\lVATER PLAN shall include the following; Existing topography extending 50 feet beyond all property lines; Proposed grading including finished floor elevations of all structures; All adjacent streets and municipal storm systems; Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; Signature and seal of Florida Registered Professional Engineer on all plans and calculations. o COpy OF: PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMI L (SWFWMD approval is required prior to issuance of City Building Permit), if applicable 'f Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall be provided. WLEDGEMENT OF STORMWA TER PLAN REQUIREMENTS (Applicant must initial one of the following): CAUTION ;...IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. F . SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) 'tit. -A SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies; TREE SURVEY {including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) - please design around the existing trees; o TREE INVENTORY; prepared by a "certified arborist", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees;. ~ LOCATION MAP OF THE PROPERTY; o PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; " t GRADING PLAN, as applicable; o PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); o COPY OF RECORDED PLAT, as applicable; 1:\Holiday Inn Express Clearwater Beach\permjts\~ity of .9le~,::,aler\Flexible Development (FLD) 2008 07-11.doc G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) SITE PLAN with the following information (not to exceed 24" x 36"): Index sheet referencing individual sheets included in package; North arrow: Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; All dimensions; Footprint and size of all EXISTING buildings and structures: Footprint and size of all PROPOSED 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 the 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 solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201 (D)(i) and Index #701}: Location of all landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures: Location of all existing and proposed sidewalks; and Floor plan typicals of buildings for all Level TII\IO approvals. A floor plan of each floor is required for any parking garage requiring a Level TII\IO approval. ~ SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres: Number of EXISTING dwelling units; Number of PROPOSED dwelling units; 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 & driveways, expressed in square feet & percentage of the paved vehicular area; 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. REDUCED COLOR SITE PLAN to scale (8 Yo X 11): o FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: EXISTING 31,418/0.72 _._..~_._-_._,--- 53 REQUIRED 20,000/0.46 ~--------.~ 36 36 PROPOSED 31,418/0.72 108 108 69,208 a/c sp. 112 17,381 29,847 5,935 0.90 0.70 35 0.95 1.0 89 0.60 2.2 One-foot contours or spot elevations on site: Offsite elevations if required to evaluate the proposed storm water management for the parcel: All open space areas; Location of all earth or water retaining walls and earth berms: Lot lines and building lines (dimensioned): Streets and drives (dimensioned): Building and structural setbacks (dimensioned): Structural overhangs; 1:\Holiday Inn Express Clearwater BeachlPennitslCity of Clearwater\Flexible Development (FLD) 2008 07-11.doc Page 4 of7 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) r LANDSCAPE PLAN with the following information (not to exceed 24" x 36"): 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; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required tree survey); Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, 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. ~ REDUCED COLOR LANDSCAPE PLAN to scale (8 % X 11); Q COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) ~ BUILDING ELEVATION DRAWINGS - with the following information; All sides of all buildings; Dimensioned; Colors (provide one full sized set of colored elevations); Materials; ~ REDUCED BUILDING ELEVATIONS -same as above to scale on 8 %X 11. J. SIGNAGE: (Division 19. SIGNS I Section 3-1806) IOlt.-Lr ~ '7~Mrre:::D ~ t't:'l7\P. ~W ~~ v\'frt 1.tA\t>,v . o All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. o All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) Q 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. 1:\Holiday Inn Express Clearwater Beach\pennitS\~ity of :le~,:ater\Flexible Development (FLD) 2008 07 -11.doc K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) ~ Include if required by the Traffic Operations Manager or his/her designee or if the proposed development: Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day. Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727-562-4750) Refer to Sect)pn 4-801 C of the Community Development Code for exceptions to this requirement. r A~me", of ,,,,ffic mp'd m"d, ",."',om'''15 (App''''"' m"" ,".", 0"" of ,he follow'".), . Traffic Impact Study is included. The study must include a summary table of pre- and post-developmentlevels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. Traffic Impact Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. L. FIRE FLOW CALCULATIONSI WATER STUDY: Provide Fire Flow Ca ulations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are r uired by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire sprinkler, standpip and/or fire pump. If a fire pump is required the water supply must be able to supply 150% of its rated capacity. Compliance with the 2004 Florida re Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. ~ gement of fire flow calculationslwater study requirements (Applicant must initial one of the following): Fire Flow CalculationslWater Study is included. Fire Flow CalculationslWater Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW CALCULATIONSI WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 562-4334. I, the undersigned, acknowledge that all representations made in this app" ation are true and accurate to the best of my knowled an authorize City representatives to visit and photogra h the roperty ~escribed in this application. 1J1fuJ~k-_ f prdpe~y owner or representative M. SIGNATURE: N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed - PRINT full names: Decade Companies Income Properties 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 101 & 105 Coronado Blvd. 3. That this property constitutes the property for which a request for a: (describe request) 108 overnight accommodations. See Attachment B for complete list 4. That the undersigned (has/have) appointed and (does/do) appoint: Keith E. Zayac, PE, RLA, LEED AP as (hisltheir) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. That.site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representativ. visit and photograph the property described in this application; Property Owner 7. That (I/we), uJ~ 51 A 1E OF FLORIDA, COUNTY OF rlNCLLAS W~ uJ~ Before me the undersigned, an officer duly commissioned by the laws of the State of~, on this r;,bruCI./1 JOo9 personally appeared JeN((1 k<.,f,ltber Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. Property Owner Property Owner It., +h day of Notary Seal/Stamp C:IDOCUME-1\ADMINI-1 ILOCALS-1 ITemplComprehensive Infill Project (FLD) 2008 07-11.doc Page 8 of 8 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the day of , 2009, and entered into between DECADE COMPANIES INCOME PROPERTIES ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: 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; and WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community by further providing for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer controls approximately 0.722 acres of real property ("Property") in the corporate limits of the City, consisting of 0.722 acres of upland from the face of the seawall more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property by demolishing existing hotel rooms and other uses in order to add overnight accommodation units, minimal meeting space for guest use, ground level pool, tiki-bar/pool on the roof, new lobby and parking with parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B"; and WHEREAS, upon completion the planned resort will contain 108 units, which includes Seventy-Two (72) units from the available Hotel Density Reserve: WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; and 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; and WHEREAS, the City has conducted public hearings as required by §§ 4-206 and 4-606 of the Community Development Code; and WHEREAS, at a duly called public meeting on , 2009, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the Community Development Board approved the design and site plan as FLD2009- 03013 on , 2009, conditioned upon the approval and execution of this Agreement; and 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. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subiect to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 3.2. The Property is owned in fee simple by the Developer. 2 3.3 The Property is generally located at 101 Coronado Drive Clearwater, FL 33767 as more further described in Exhibit "A". SECTION 4. Scope of Project. 4.1 The Project shall consist of no more than 108 overnight accommodation units. Such units maybe traditional hotel rooms or fractional ownership units, as defined by the Community Development Code. The proposed density is 150 units per acre. 4.2 The Project shall include 112 parking spaces, as defined in the Community Development Code. ". 4.3 The proposed height of the building is 89 feet to the roof deck. 4.4 The design of the Project, as represented in Exhibit "B", is consistent with Beach by Design, except as otherwise shown on Exhibit "B. 4.5 No more than 25 % of overnight accommodation units shall have full kitchens. Such kitchens shall be limited to those units identified on the plans in Exhibit "B" as "suites" and shall not be located in any unit received from the Hotel Density Reserve. 4.6 The project shall comply with the Metropolitan Planning Organization (MPO) countywide approach to the application of concurrency management for transportation facilities. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606.G. 2. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" and approved by the Community Development Board ("CDB") as case number FLD2009-03013. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain building permits and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this agreement. 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", that the accommodation use will closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute and record in the Public Records of Pinellas County, Florida the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling the Fractional Share Units or from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department. 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 Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve; Return of units to the Reserve Pool. Covenant Regarding Use of Hotel Density Reserve Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additiona172 hotel units to the Project Site in accordance with applicable law. In the event this Agreement is terminated pursuant to Section 10 of this Agreement, or if any of the units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2009-03013 and in accordance with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the criteria for Hotel Density Reserve Units contained in the City of Clearwater Ordinanace No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. Prior to the issuance of the Certificate of Occupancy for the Project, the Developer agrees to execute and record a Covenant in the Public Records of Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by FLD2009-03013 and by this Agreement. 6.1.6 Transient Use. Occupancy in the overnight accommodation units from the hotel density is limited to a term of less than one (1) month or thirty (30) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty (30) days, provided every occupancy is limited to not more than thirty (30) consecutive days or one (1) month. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the re-designations referenced in Section 6.2.1 is subject to: 6.2.2 The final effectiveness of the re-designations referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive 72 units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval unless otherwise provided by law. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of Occupancy. 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of- way utilization permits; 8.2 Construction plan approval(s); 6 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms of this Agreement and is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until ten (10) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Comuliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Decade Companies Income Properties 1355 Bishops Court, Ste 345 Brookfield, WI 53005 With Copy to: Keith Zayac & Associates 7 701 Enterprise Road East Ste 404 Safety Harbor, Florida 34695 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the 3rd day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14.1.1 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 notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 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. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, 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. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 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. 14.2 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. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or 9 provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term~or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement maybe executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement maybe amended by mutual written consent of the City, the Developer, and the Association so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. 1N WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of Print Name 10 Print Name As to "Developer" Print Name: Print Name As to "City" STATE OF FLORIDA COUNTY OF PINELLAS CITY OF CLEARWATER, FLORIDA By: William B Home II, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney The foregoing instrument was acknowledged before me this day of 2009, by He is [ ]personally known to me or has [ ]produced as identification. Notary Public Print Name: My Commission Expires: 11 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ]personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expire 12 ATTACHMENT A HOLIDAY INN EXPRESS LEGAL DESCRIPTION NORTH PARCEL LEGAL DESCRIPTION: Begin at the Southwest corner of Water Lot 1, CITY PARK SUBDIVISION, according to map or plat thereof as recorded in Plat Book 23, Page 37, of the Public Records of Pinellas CITY, Florida; run thence West along the East-West Center Line of Section 8, Township 29 South, Range 15 East, 15 feet to the POINT OF BEGINNING; thence South 5°32'30" West along East right-of--way line of Coronado Drive 16.26 feet; thence South 84°27'30" East, 100 feet; thence North 5°32'30" East, 78.06 feet; thence Northwesterly along existing concrete seawall 113.38 feet, more or less; thence South 6° 10'00" West, 82.63 feet; thence South 4°25' 11 " East, 25.74 feet to the Point of Beginning. AND: Begin at the Southwest corner of Water Lot 1 of CITY PARK SUBDIVISION, as recorded in Plat Book 23, Page 37, Public Records of Pinellas CITY, Florida; and run thence West along the East and West Center Line of Section 8, Township 29 South, Range 15 East, 15 feet to the Easterly line of Coronado Drive; thence South 5°32'30" West, 16.26 feet, for the POINT OF BEGINNING; thence continue South 5°32'30" West, 100 feet to the Northerly line of First Avenue; thence South 84°27'30" East, 100 feet along the Northerly line of First Avenue; thence North 5°32'30" East, 100 feet; thence North 84°27'30" West, 100 feet to the Point of Beginning. SOUTH PARCEL LEGAL DESCRIPTION: The North 100 feet of the West 110 feet of Lot 1, Block B COLUMBIA SUBDIVISION according to the map or plat thereof as recorded in Plat Book 23, Page 60 Public Records of Pinellas County, Florida. EXHIBIT "C" COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of , 2009, by Decade Companies Income Properties ("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 its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of "Beach by Design," a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-sized quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units 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 , 20 ,Developer's application for Hotel Density Reserve 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 Hotel Density Reserve 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 observed and performed, and in further consideration of the allocation of Hotel Density Reserve 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 and 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 maximum of Seventy-Two units, which is the number of hotel units allocated to Developer, shall be used solely for transient occupancy of one month or thirty (30) consecutive 15 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 such hotel unit shall be used as a primary or permanent residence. 2.1.2 All other 36 units shall be licensed as a public lodging establishment. 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 Improvements and Evacuation. The 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 Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the, terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 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 Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve 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 Pinellas County, Florida. 6 Attorne sy '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, of this 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 bylaw. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this day of 2009. In the Presence of: Print Name 16 Print Name As to "Developer" Print Name: Print Name As to "City" STATE OF FLORIDA COUNTY OF PINELLAS CITY OF CLEARWATER, FLORIDA By: Attest: William B Home II, City Manager Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney The foregoing instrument was acknowledged before me this day of , 2009, by He is [ ]personally known to me or has [ ]produced as identification. Notary Public Print Name: My Commission Expires: 17 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ]personally known to me or who has [ ]produced as identification. Notary Public Print Name: My Commission Expires: 18 _EXHI.BIT "D" COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this day of 2009, by ("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 , 2009 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the 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 of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel and fractional share/interval ownership project, as described 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 defined 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 Fractional Share Units to be constructed as a part of the Project (the "Fractional Ownership") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a single unified project 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 maybe operated by a single hotel operator and all Fractional Share Units maybe operated by a different, single management firm/operator. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this day of 2009. 19 In the Presence of: Print Name Print Name As to "Developer" CITY OF CLEARWATER, FLORIDA By: Print Name: Print Name As to "City" Attest: William B Home II, City Manager Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of _ He is [ ]personally known to me or has [ as identification. ] produced Notary Public Print Name: My Commission Expires: 2009, by 20 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2009, by V~ILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ]personally known to me or who has [ ]produced as identification. Notary Public Print Name: My Commission Expires: 21