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DVA2008-00002 - 619 Gulfview Blvd S - Shephard's Beach Resort DVA2008-00002 619 S GULFVIEW BLVD SHEPHARD'S BEACH RESORT PLANNER OF RECORD: WW ATLAS # 285A ZONING: T LAND USE: RFH RECEIVED: 12/01/2008 INCOMPLETE: COMPLETE: MAPS PHOTOS: STAFF REPORT: DRC CDB: CLWCoverSheet CDB Meeting Date: November 17, 2009 Case Number: DVA2008-00002 (Related to FLD2008-12033) Agenda Item: E.3. (Related to D.4.) Owner/Applicant: William M. Shephard, Trustee Representative: Harry S. Cline, Esq., MacFarlane Ferguson & McMullen Address: 619 S. Gulfview Boulevard CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review of, and recommendation to the City Council, of a Development Agreement between William M. Shephard, Trustee (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 Resort Facilities High (RFH) LAND USE CATEGORY: BEACH BY DESIGN South Beach/Clearwater Pass CueueCTER DISTRICT: PROPERTY USE: Current Use: 96-room motel Proposed Use: Overnight accommodation use of a total of 186 rooms (78.48 rooms/acre on lot acreage zoned Tourist (T) District, including the allocation of 68 units from the Hotel Density Reserve) and approximately 37,647 square feet of accessory uses to the hotel at a height of 134 feet (to flat roof deck) EXISTING North: Tourist (T) District SURROUNDING Automobile service station and Attached dwellings ZONING AND USES: South: Preservation (P) District Gulf of Mexico East: Tourist (T) District Overnight accommodations West: Tourist (T) District Overnight accommodations Community Development Board -November ] 7, 2009 DVA2008-00002 -Page 1 of 4 ANALYSIS: Site Location and Existing Conditions: The 2.689 total acres (2.37 acres zoned Tourist District; 0.319 acres zoned Open Space/Recreation) is located on the south side of S. Gulfview Boulevard approximately 600 feet east of Hamden Drive- The subject property is currently developed with a 96-room motel- Development Proposal: The development proposal includes a companion Flexible Development application (FLD2008- 12033) to permit an overnight accommodation use of a total of 186 rooms (78.48 rooms/acre on lot acreage zoned Tourist (T) District, including the allocation of 68 units from the Hotel Density Reserve) and approximately 37,647 square feet of accessory uses to the hotel at a height of 134 feet (to flat roof deck). There are 384 parking spaces proposed on this site within an existing parking garage and a new parking garage as part of a new building. There will be a total of 314 striped parking spaces and 68 overflow spaces. Self-parking will be allowed only in the existing garage by hotel guests; otherwise, parking will be valet-only. 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 68 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 foiiowing main provisions: ^ Provides for the allocation of 68 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. Community Development Board -November 17, 2009 DVA2008-00002 -Page 2 of 4 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 their meetings of January 8, May 7, and October 1, 2009, and deemed the development proposal to be legally 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 and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code (CDC), finds that there is substantial competent evidence to support the following findings of fact: 1. That the 2.689 total acres (2.37 acres zoned Tourist District; 0.319 acres zoned Open Space/Recreation) is located on the south side of S. Gulfview Boulevard approximately 600 feet east of Hamden Drive; 2. That the property is located within the Tourist (T) and Open Space/Recreation (OS/R) Districts and the Resort Facilities High (RFH) Future Land Use Plan category; and 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 and Development 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 (FLD2008-12033); 2. That the Development Agreement complies with the standards and criteria of CDC Section 4- 606; 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 South Beach/Clearwater Pass character district; and 5. That the Development Agreement complies with the criteria in Beach by Design for the allocation of units from the Hotel Density Reserve. Based upon the above, the Planning and Development Department recommends the APPROVAL, and recommendation to the City Council, of a Development Agreement between William M. Shephard, Trustee (the property owner) and the City of Clearwater, providing for the Community Development Board -November 17, 2009 DVA2008-00002 -Page 3 of 4 allocation of units from the Hotel Density Reserve under Beach by Design, for the property at 619 S. Gulfview Boulevard. Prepared by Planning and Development Department Staff: rte. Wayne M. ells, AICP, Planner III ATTACHMENTS: ^ Development Agreement with Exhibits D Location Map ^ Aerial Map ^ Future Land Use Map D Zoning Map S: (Planning DepartmentlC D BIFLEX (FLD)lPending cases) Up for the next CDBIDYA2008-00002 - Gu~iew S 0619 Shephards -11.17.09 CDB - WWIGu~iew S 0619 DYA Staff Report for 11.17.09 CDB.doc Community Development Board -November 17, 2009 DVA2008-00002 -Page 4 of 4 Wayne M. Wells, AICP 100 South Myrtle Avenue, Clearwater, FL 33756 Phone: 727-562-4504 ~ Email: wavne.~i•ells~:?nn~clearwater.com PROFESSIONAL EXPERIENCE ^ Planner III Planning and Development 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, Ciry 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 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 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 1 %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, 1981 Bachelor of Design in Architecture, University of Florida, 1976 LICENSES & CERTIFICATES American Institute of Certified Planners American Planning Association, Suncoast Section s~cont~ - s~ ors rr~rr~ ~ sr z ~ ~ > o ~ ~ 4 J C~ p O ~~ gRtG H7 WATER DR ~t~~ry S~ z BAYSlDE ~ ~R PROJECT SITE $~ ~qY ,~"~ S ~ 61- J ~UL~~/~ ~~ ~ o S ~ ~ ~ VVV M~ LOCATION MAP ,Owner: William M. Shephard, Trustee Cases: FLD2008-12033 TD R2005-11028 DVA2008-00002 Site: 619 S. Gulfview Boulevard Property Size: 2.37 acres zoned "T" 0.319 acres zoned "OS/R" PINS: 1 7-29-1 5-05004-003-00 1 0 Atlas Page: 2326 17-29-15-00000-220-0100 Q y ° a c~h W 44s z z sQ P ~~y 514 ~, scG~ '2 ~F ~ ~ y*b ~` ~ o ~o ~ ~ BA~Ay B~Vp T ~ry ~ h ~ ~~ 561 S^ O~ / ~ ~ry ~~ ~~ ~ ~ ~~~ ^O <Q P ZONING MAP Owner: William M. Shephard, Trustee Cases: FLD2008-12033 TDR2005-11028 DVA2008-00002 Site: 619 S. Gulfview Boulevard Property Size: 2.37 acres zoned "T" 0.319 acres zoned "OS/R" PINS: 17-29-15-05004-003-0010 Atlas Page: 2326 17-29-15-00000-220-0100 vex t' ~ ~ J v'~ ~3>~ ~s d ~. ~~ ~ ~~~ 4 ~ah~ ~ 87 2 ~ z ~ 7 9 ~ _ ~ ~ ,8a Q. v o ght ~ ~ l~oda ion ~~ ~,~1 ~~'~ /~5, ~/ SEE SOB-29-15 FOR PARCEL INFO o °~ Attached ^ h s Dwellings r C~ ob ~ / y 36565 `~[i ~ -- ~ 8925 ~ ,~ ~ ,~o h ~o ~~ ~'' e`` 1 ed ~ "~"~K~' ~ n~~ s Overnight L ~ ~° ~ ~ ~ ac e 1 Bgyi, Accommodations h ~ Aut o ~gYB<Vp /p~ y~~ ., We FOR PARCEL INFO ~4 , / - ~_~ (Q 4 5 6 `O° el'~~p~i17--2091 FOR PA / NFO e __ ' n~ utddo~ / / ~ ~~s ,~ / ~ Sta ~ / / Ente~taiu~ent 4 `$e 58 / / / / 250 / ~ 5 / ~~ / / / / ~ / 24 a' 7 / 8 1 / / / / ~ N 2~'+ ti~ / 2 / / / / ~~ yy.~. ~~ \ ~o ~o~ ~~ "I(GtsllB / 3 / s~ / 4 / / / / / ~ / / / 5 / / / Sakes o / / 6 / / yhj / ~O / ~ * SEE PLAT FOR DIMENSIONS ve night ~ / `Q /Ac ~~iod~/tionrs y 9 ^ ~ Attached / / 10 / / /„ Dwelling / / r 7865 / L - J 1s / EXISTING SURROUNDING USES MAP Owner: William M. Shephard, Trustee Cases: FLD2008-12033 TDR2005-11028 DVA2008-00002 Site: 619 S. Gulfview Boulevard Property Size: 2.37 acres zoned "T" 0.319 acres zoned "OS/R". PINS: 17-29-15-05004-003-0010 Atlas Page: 2328 1 7-29-1 5-00000-220-0 1 00 ~ Ki R ~ + w~ c A;" ~ ~ ; y 1` ' 4~ ` ` ' \ l . ~~ D ~ f , I ~ ~ ' JI ~ ~''e ' ', -, , - . R ~ '~ ~ ~' ' r YI l(~ (( a t ~~ ~~dj~S~'f~ ~ ~ r ~ f~,~~~ ~ i ( l ` y~ R '~ r r ~. ~ <i ,J i zyr ,~ ~ ~ ~ ~~/ ~ ~ r. ~ T, r ~ ~ ''~ _ fit, ~~{ as ~ e~~c . ra r ffi ~~ r ~ t M1~ ry . ~ {:~' ~~ `, ~~~ F Yr' 'R :~ `, , ~~ pit -- .. -~! ' . '~r• ' f . ~ C ~ ` •Py ( 'S ~ 1 X11. ` ~ . ! ~.. , ~ ^ ``. AERIAL MAP Owner: William M. Shephard, Trustee Cases: FLD2008-12033 TDR2005-11028 DVA2008-00002 Site: 619 S. Gulfview Boulevard Property Size: 2.37 acres zoned "T" 0.319 acres zoned "OS/R" PINS: 17-29-15-05004-003-0010 Atlas Page: 2326 17-29-15-00000-220-0 l 00 ~_ ~~~~ ~ View looking E at rear of subject property (at seawall) with outdoor dining area 619 S. Gulfview Boulevard FLD2008-12033/DVA2008-00002 Page 1 of 3 .~..--- ' _ -- F ~._ ~r-' nYw' 9X~~ ~. View looking SW along S. Gulfview Blvd. at parking garage on ~!M .... 2 1. ; ... ~y .~.^'~ View looking SW along S. Gulfview Blvd. at subject property View looking S along W side of property from S. Gulfview Blvd. at loading & trash area (Holiday Inn to the right) View looking W along front of subject property along S. Gulfview Blvd. View looking E at waverunner but at rear of subject property °"" ~ ~~Ir- IIII IIII View looking N from beach area of subject property at View looking W at existing parking gazage at accessory bike, etc. rental (to be screened under proposal) ~" View looking N from interior of subject property (existing on View looking E at existing deck/dock at rear of subject left to remain; existing on right & in background to be removed) property ~~; ~~ __. ~ a~ iq ~- n -4%~ "" ~~ _ - k ~ .,._ F; - , ~\ ~ .. View looking NE at attached dwellings at 530 S. Gulfview View looking N at attached dwellings at 600 Bayway Blvd. Blvd. 619 S. Gulfview Boulevard FLD2008-12033/DVA2008-00002 Page 2 of 3 .... __.____ . ~~~~ . View looking S at hotel at 625 S. Gulfview Blvd. (E of subject property) 619 S. Gulfview Boulevard FLD2008-12033/DVA2008-00002 Page 3 of 3 View looking SW at hotel at 521 S. Gulfview Blvd. (W of subject property) .,L View looking SE along S. Gulfview Blvd. at development E of View looking NW along S. Gulfview Blvd. at development W of subject property (Shephard's on left) .'Clearwater .~~,. Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562567 Fax: 727-562-4865 ^ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ^ SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans ^ SUBMIT APPLICATION FEE $ 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 05/22/02) PLEASE TYPE OR PRINT A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: William M. Shephard, Trustee MAILING ADDRESS: 601-619 S. Gulfview Blvd., Clearwater, FL 33767 PHONE NUMBER: 727-442-5107 CELL NUMBER: EMAIL ADDRESS: PROPERTY OWNER(S): William M. Shephard, Trustee (Must include ALL owners) AGENT NAME: Harry 5. Cline, Esq. MAILING ADDRESS: P.O. Box 1669, Clearwater, FL 33757 PHONE NUMBER: 727-441-8966 FAX B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: 619 Gulfview Blvd., Clearwater, FL 33767 LEGAL DESCRIPTION: See Exhibit A PARCEL NUMBER: 17-29-15-05004-003-0010 PARCEL SIZE: 2.37 acres within Tourist District; 0.319 acres within Preservation (acres, square feet) PROPOSED USE AND SIZE: 186 motel rooms and accessory uses (number of dwelling units, hotel rooms or square footage of nonresidential use) DESCR1PTiON OF ANY RELATED REQUEST(S): (approval of a devefopmentinclude all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) DOES?HIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A VIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO (if yes, aftach a copy of the applicable documents) FAX NUMBER: 727-447-2009 Page 1 of 5 -Development Agreement Application -City of Clearwater B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Bect)on 4-606.8) An apprxaaon Tor approval d a davelopmerM 89 afiail be eammpantad M the fallowtnp {wa aepsrals shoals a induda in a tomial tn{wrtf: ^ STATEMENT QF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,W!-IICH SHALL NOT EXCEED TEN YEARS ^ DESCRIPTHJN OF ALL EXISTING AND PROPOSED PUBLIC FACIUf1ES AND SERVICES THAT SERVE OR WILL SERVE THE DEVELOPMENT; ^ DESCRIPTION OF THE USES DESIRED TO BE PFJ3MtTTED ON THE LAND, INCLUDING POPULATK)N DENSITIES AND BUILDING INTENSITIES AND HEIGHTS; ^ INDENTlF1CATiON OFZONING DISTRICT CHANGES, CODE AMENDMENTS THAT WILL BE REQUIRED iF THE PROPOSED DEVELOPME PROPOSAL WERE TO BE APPROVED; ^ ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES; ^ COMPLETE NAMES AND Ap~iESSES 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 4-202x4) >Ni SUBMIT A COPY OF THE TIME OR DEED TO THE PROPERTY OR PROVIDE OWNER SIGNATURE ON PAGE OF THIS APPLICATION -DJJ. YVWTTEN 5UBMITTA! REQUIREMENTS: (Sed)an 4606.G) Provide the folowing contatds to the development agreement, es foUcws: tents. The approved development agreement shaft contain, at a minimum, the fottovring information: a. A IegaE desrsiptfon of the land subject to the development agreement. b. The names of aN parsons having legal or equitable ownership of the land. c. The duraUan of the devetopmer-t agreement, wrhld~ shall not exceed ten years. d. The development uses proposed for the land, induding population densities, building intensities and brrildirp height e. A destxipUon of the public taaTdies and services that will serve the development, including who steal provide such public facBities and services; date any new public iadUties and services, N needed, Mn'1 be consirud!ed; who shah Hear the expense of consWction of arty new. public fadUties services; and a sdTedule to assure Drat the public faalities and services are avalatde corluxrtrrt with the bnpads of the development 1 development agreement strap provide far a cashier`s check, a payment and perfomrarrce twrrd or letter of aedR in the amount of 115 percent of estimated coal of tiTe pubic fadiUes and services. to be deposited with Use city to secure lxrlsH~rdion of any crew pubic fadTities and servir required to be cartstrrrrded by the developmert agreement The development agreement shat provide that such construction shag be comple prior to the Issuance of any certificate of occupancy. f. A desalption of any reservation or dedlcaUon of land for pubUc 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 Uie rxtrnprelrertsive plan and the community development ca AddiUonaly, a fording that the requirements for concurrency as set forth in Artida 4 Division 10 of these regulations have been satisfied. L A description of any conditions, terms, restrictions or other requirements detemuned to be necessary by the city commission Wr the public hea safety of welfare o1 the dozens of the City of Clearwater. Sudti wnditians, terms, restriiiions or other requiremerds may be supplemental requirements Tn existing modes or ordinances of the dty. j. A statement indicating that the faUure of the development agreement to address a pertitartar pemlN, corsdition, term or restriction shaft net relic the deveoper of the necessity of rx-mplying with the taw governing said pernidtirlg requirements, conditions, teens or restrictions. k. The development agreement may provide, in the discretion of the City Comm}ssion, that the entire development or any phase thereof commenced or be completed witidn a spedfic period of time. Tire deveopment agreement may provide for liquidated damages, the denial of lute developmerli approvals, the termination of the development agreement, or the withholding of certificates of ocarpancy for ttre falure of ~ developer b tromply with airy such deadline. I. A statement that the burdens of the development agreement ahaU be binding upon, and the tsenefds of the development agreement shah inure ai successors h interest to the parties to the development agreement m. Ati developmenrt agreements shat spedficalty state that subsequently adopted ordinances and codes of the city which are of general appliption eat governing the development of Land shah be applipbte to the lands subject to the development agreement, and that such modtfiwtions spaafically anUdpated in the development agreement Page 2 of 5 - Development Agreement Application -City of Clearwater E SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 42f)2.A) }~ SIGNED AND SEALED SURVEY (including legal description of Property) -One oMginal and 12 copies; O COPY OF RECORDED PLAT, as applicable; O PRELIMINARY PLAT, as required; j~ LOCATION MAP OF THE PROPERTY. ~l TREE SURVEY (including existing trees on site and within 25' of Ure ad)acenl site, by species, size (DBH 4' or greater), and Location, including drip Mes.} GRADING PLAN, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 42t)2.A) SfTE PLAN vdfh the following information (not to exceed 24'x36"): _ AI dimensions; _ (North arrow; _, F.rrgtrteerfrrg tsar stale (mtnimtm7 scale one inch equals 50 feet), and date prepared; _ Location map; index shed reterenclng ind[vidual sheets hrdkrded in package; _ Footprird and size of aH bu'kftngs end structures; AN requ6ed setbadks; _ A9 existing and proposed polnls of access; _ A8 required sight triangles; _ Identification of errvirorrmentapy unique areas, such as watercourses, wetlands, tree masses, and spedmen trees, inclkrdtrrg destription and location of undersiory, ground weer vegetation and wildlife habitats, e!~ ,.,,_ t.ocallon of aN public and private easements• _ Location oI aN street rights~of-way wiWn and adjacert to the site; _ Location of existing public and private utilities, including fire hydrerrts, storm and sanitary sewer ones, manholes and tiR stations, gas and water lines; _ Ail padkinp spaces, 8riveways, loading areas and vehitxriar use areas; _ Depiction by ahed'urg or crosshatkfiirrg of aN required pasktrrg lot interior landscaped areas; _ Location of aN refissa coNeWon faalities and ap -equhed screening (min.10k12' t9ear space): _ Location of aH Landscape rrrateriai; _ Location of aN ansite and otfslte storm-water management facilities; _ Location of ag kxrtrtoor fighting fatures; and _ Location of aN existing and proposed sidewalks. SITE DATA TABLE for existing, tequrred, and proposed devetopmeM, in wdtterv'tabutar form: Land area Tn sgtrere feel and acres; Number of dweNing otitis proposed; _ Gross 11oor area devoted to eacr use; _ Parking spaces: total number, preserled in tabular farm wHh the number of required spaces; _ Total paved area, intuding asf paved parking spaces and driveways, expressed in square tees and percentage of the paved vetricular area; Sae and sPecles of aN landscape maieriak OLfidal records book and page numbers of aN existing ubTity easemerrC _ Buiid'trrp and strur3ure heights _ impermeable surface ratio p.S.R); and _ Floor area ratio (FA.R.) for aH rwnresiderrtial uses. REDUCED SITE PLAN to scale (8'b X 11) and kx:lor rendering H possible; FOR DEVELOPMENTS OVI~it ONE ACRE, provide the following additional information on sHe plan: „_, Ono-toot wrrtours or spot elevations on site; _ OtfsHe elevations ff required to evaluate ti-e proposed stornwater management for the parcel; _ AN open space areas; _, Location of ag earth or water retaining walls end earth berms; _ Lot Hrtes and buHdkrg fares (dimensioned); _ 5beets and drives (dimensioned); _ Building and structural setbacks (dimensioned); _ Stnntural overtrangs; _ Tree Inventory; prepared by a 'certified arborist', of ail trees 8" DBH or greater, refiectirg sae, canopy (drip lines) and condition of such trees. Page 3 of 5 -Development Agreement Application -City of Clea-water LANDSCAPING PLAN SUBMITTAL REQUIREMENTS; (Section 4-1102.Aj LANDSCAPE PLAN: _ Ad existing and proposed structures; Names of abutting streets; _ Drainage and reUsntion areas including swales, side slopes and bottom etevalioru; _ DeNneatior- and dirnenslons of aA required perimeter landscape buffers; Sight visib~ity Mangles; _ Delareation and dimensions of aA parking areas including landscaping islands and curbing; _ Proposed and required parking spaces; _ Existing trees on-site and Immedirately adjacent to the site, by spades, size and locations, including dripline; _ Location, size, description, speclficatror>s and quantities of aq existing and proposed landscape materials, Including botanical and COrnrilOn 1lantati; Typik~! planting detalts for trees, palms, shnrbs and ground cover plants including instructions, sog mixes, baclcTlll'xtg, mulching and protective R1e88i/'e8; _ Interior landscaping areas hatd-ed and/or shaded end labeled and interior landscape coverage, expressing in both square feet and perkxntaga covered; _„ Conditions of a previous developmend approval (e.g. conditions Imposed by tiie Community Development Board); Irrigation notes. REDUCEDlANDSCAPE PLAN to scale (8'fa X 11) (color rendering if possible}; O tRR1GAT'1DN PLAN (mqufred for level two and tfxee approval): l] CDMPREHENSNE LANDSCAPE PROGRANt applkation, as applicable. H. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4202.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 Compreheraive Irddl Redevelopment Project or a Residential Irrti1 Project Lh BUILDING ELEVATION DRAWINGS - a0 sides of aN buildings indud'mg height dimensions, colors and materials; REDUCED BUILDING ELEVATIONS -four sides of buld'mg with colors and materials to scale (8 iS X 11) (bfadk and whNe and rotor rendering, H possible) as required. L SIGNAGE: (Division 19. SIGNS I Section 3-1806) ~~~ f ~'~'~,1C~~iD O Comprehensive Sign Program application, as applcable (separate eppl~cation and tee required). O Reduced signage profwsal (B `rS X 11) (color). H submitting Comprehensive Sign Program application. ~ J1. TRAFFIC IMPACT STUDY: (Section 4-801.C) yg Include as required 'd proposed daveiopmerri wdl degrade the acceptable lev+al of service for any raadway as adopted in the Comprehensive Plan. / ~ Trip generation shall be based on the nwst recent editlon of the lrrsfihrte atTransportstlon F~gineer's Trip General MarwaL Refer to Section 4-801 C of the Commutity Development Code for exceptions to this n3qulrement K. SIGNATURE: 1, the undersigned, acknowledge that aA represarrtations made In this applcatian are true and acaaate to the best of my knowledge and authorize City representatives to visit and photograph the properly descn'6ed in this application. Signatur f party owner or repn~entative HARRY CLINE STATE OF FLORIDA, COUNTY OF PINELLAS Swom to and subscribed betatg me this ~a`day of A.D. 20 t7$ to me and/or by HARRY S. (;T.TNF~,,, who is persona k n has produced as Idenfiflption. ta`ot"ary pubTrc, Rathleea A. 0' Hearn MY commission expires: Page 4 of 5 -Development Agreement Appllcafton - Cfty of Clearwater L. AFFIDAVIT TO AUTHORIZE AGENT: (Names of aN property t. That {I am/we are) tite owner(s) and record title holder(s) oithe follovrrng described property (address or general bcaUon): F,1 Q R G„l fvi n~a Rn»1 ov~rA _ C'1 aarnTatnr _ FT. ~Q7A7 con Rvtti},i t nAq attached hereto and incorporated herein by reference. 2. That this property txtrrstNrrtes the property for which a request for a: (describe request) from the density pool; and pp ication or approve o trans er o eve opment rig is invo v~ng t e properties on Exhibit "A" as both are the send and receiver of those Bevel 3. That the undersigned (harfiave) appo~ted and (does/do) appoint HARRY G Q,TATF. as (hlsJUreir) agent(s) to execute arty pefiUons of other doaanerds necessary to aged such petition; 4. That lhls affidavit has been executed to induce the City of Clearwater, Florida to consider and ad on the above desaibed property; 5. That site visits to the properly are necessary by CNy representatives in order to process this application and the owner authorizes City representatives to vlsN and photograph the property desrnbed in this appNcation; 6. That (Uwe), the undersigned authority, hereby certify that the foregoing is true and STATE OF FLORIDA, COUNTY OF PINELLAS /~ Before me the underslgrted, an officer duly twmmissioned by the taws of the State of Fbrida, on This ~ -/ TN day of CJG.T . 200$ personaNy appealed WILLIAM M: --SHE}'HARD who having bee duty sw Deposes and says that helshe fuih+ understands the contents of the afidavN that helshe signed ~'';~' ~:;'~ StiIWYN R PR81 My Commission Expires: ~ ~~ * MY COAIIIISSION i ~ X33168 Notary Public EXPIRES: July22, 2a0y +•~'For A~AT 8adrd Thrn Budget tlaCrry tirrvion S:IPlanning DepartmenMpplkation FomrstdeveJopmerrt revtawtdevelopment agreement epplcafion3.doc pment rights. Page 5 of 5 -Development Agreement AppNcation -City of Clearwater ! .~ lo}nr•suur•paa. f '•. - ~ ' _ ~8ECTI~DEED_ ' •• 4R.Ll 7 S 8 PG (6 ~ 1 _ ., . ~ RA CO FORM 9, , . ;' ~. • i • • •..-• , S _ .r _ r b . »- ~ .- • - ~ • ~_ Ulf ~tar`!Il •~eed, ••r:,toted 1hr ,,~,tF 1'day o- t!-r.~ . A._t7. t9~g , bj "- -. -.• Willie H. Shepherd ~ ' first party, !o Wi 1 1 ; am ,s ~ - - ` _P3miLlt Trust Agreement, dated February 29,•1984, known as the Sheghar~ Family e Trust . J'" whoso,posto-fice oddress fr • 61g Gu,tfview Blvd., Clearwater, Fd 39630 sar:ond pitit~: ~ _ (lMlrmsr a.d M,eie t tna •'Gru pparq`• aaJ ..,coed Wtr" aWl iaiiud, ,ie,et+r eed ,4"al, Min. tqJ :' , r a~4 ~) ~ of iedi.iBuL, aed tM wcowu aed arum oI raycauoe,, rhrmtr tM to"wt , ~ilitllessetll, Tltat the said Jin) party, Jor and in rnn:iderolion of IAe sum p- s --0-- in hand pdd ~ the add second party, the reeoifit whrraoJ is hereby tie/tnowfarlged, doer herebg gemisa, n- -" ' Ieass and qu[ttfatm .canto the snld second pttrty Joretur, all~tbe ntgbt, Utle, inlerut, claim end demand tohlch • the sntd Jint party ha: [y-and 10 [fee Jollou:ing do:er[bad lot, pieta or parcel of Iand, silraale, Jying and Iseing in the Count} o/ Pi ellas Stara of Plarfda , to-u,tt: • " ~ See Exhibit "A" attached hereto. Full power and authority is granted by'this deed to said Trustee or his settees-' ors to protest, conseKve, sell, leas,, improve, to Canvey either with or with- out consideration, to mortgage, pledge, or oterwise encumber said property and Y.o manage and dispose of the real property oc any pare of it described `in this recorded instrument. • . ~ .. - t.. Subject to [estrictiod°s and easements of .record. _ - StlbjeZt ~ to that certain mortgage pcesenCly held bj(' the Hank of elearwater, - _ a state banking association art the principal•sum of 5405,000 dated February _ 28, 1983; and filed March 4; ,1983 in OR 5484 Page 1555 of the Public Records I • of Pinellas County, Florida. •' • This property is not~hoaestead property, The Grantor resides at 500 Bluff View Driver Belleau Bluffs, Florida. THIS ,DEEQ IS RECORDED FOB THEE PURPOSE' OP CORRECTING THE DATE OF )iE SHEPHARD ; FAMILX TRUST AGREEMENT W!lICH SHOULD BE FEBRUARY 2~ 1a~3~I9 '3115 ~8- ' r ~ • el - . RECOR-ING i l0 I14IJe ~~ ~ I1V~1{ Il,e -nma.logelftrr u»Ib oIl pad singular the appurtennncet tf~iraewrto bn~ongjpg or !n anywise appeNa[nlnp, and all the r:Iola, ripht• Idle, inlercal, j -'~e~ii'1Ty.7>if~ r:Ialt~ what. soet~e~r~~o~~f ``[~~b~~""e~" st~aid Jint party, c[Ihtr [n low or r,ftrity, to thn only proper use, benefit and behoaJ'taJ-Ifrw said ~a ~libress ~herepf, Thr.3air1 firs! potty bas Signrd and saatca thr:e prcsenls [he day aid yea'r' -irst above urritltn.' ' Sipped, led and delivered Qn p ~ •• ' .- • ... WILLFAH M: SHEP •' -•' ~ '~ i - .. ..._ ~ ..-C.4:T STATE OF FLOR[DA, ~ ~ 't . t,K7UNTY QF PZNELLAS .^ ' ~+ - 1 HEREBY CERTIFY that oa this day br[dt'e me,:alt offirrr duly authorurd io the Starr aluresaid and in the Count, a~ureatd m wle ac4nawkdgmrati, pear~3a8g••appr~jd . • . .. WILLIAM H'. SHEPHARD ~ `• • -: ~ - • . S ~.. z- to me krwwa to be -thr prnnn druribed in and rile cartutrd thr farcgoint imtrumrnt and h@ ad<no.',ledyed ' '6i[urc me that he Txrutrd the carpe. ' • ~VII'1;E.ti5 rmr hand and ollirut uxl in the <:nunty and Sta}e .trot a[unsaid th- ,3 r ~ ~ a day_of C(., -L+ A.• D 19 58.E /// _ ~~ CSC NOTARY PUBLYC• • .~ S~ ~y commission expires: ~, . ti. !!L Ilttlllflfl!'!Il ~/YfIM1A'II l~: .. I~ r O •s ~ ~ ~ ~ ' :tatt['rrD ~., r uwo~ces r- , .... •.a 1•d. s...,~.5!~....,~ ._,. ri:t'di :. at58i i,.' .SS ~._ ~~ .r.t.a6 • .. •~•• ' . _• _ 'N. _,_____~ ._ ....._ .... _ Pa4iIBIT A ~ ~ LEGAL DESCRIPTION" • . . ~ ' ~_ ; _ Lote 1 thru 5r Block "C",•Bayaide Evbdiviaioa #5, according to the • map ot" plat th~ereoE as recorded is Plat Hook 38, Pages 38 and 39, • Public Records of Pi6ellae County, Florida, and begin at the North- ' corner of Lot 1, Bloct =C". Wayside Subdivision #5; ~s _ weaierly ' ' - , recorded in Pldt Hook 38, Pages 38 and 39, -of the Fw~lic He~oFds` of • • Pinelbas County""Florida: thence North 54 ~egrena.,ZS':39"f~65•:i4 • • • feet ~ag the Southerly line~of Galf Boulevards thence Suuth 12 d ll l t id 0' • 00"li h f th d N '~ para , an e ,sa e o t e egreea eeterly boundary o - _ ~ . i • l.ot 1, Bloc)c "C', Bayside Subdivisioa #5, a distance boundary of 286 - • feet to Abe "waters of Cleaisrater Bay and thence Easterly along the - _ shore dine of Glearwater 'Bay 67 .feet core or leaf to the intersez _.. _T • tion of t~-e shore line of Clearwater Bay and the Veaterly ~oundsry • -line of said Lot 1, Block "C", Wayside Subdivision #5, thence North ' • ..12 degrees 40' 00"E, along the•iiesterly boundary of the said Lot 1, _ - ' _ •~oc~c~~", Bayride Subdivision #5, • Y95 feat -bore or leas 'to the • Point of Begiaaing, Section 1.7, Township 2 9. youths flange 15 East, ~ •~_ --~' . Pinellas Conat~; F~crida.• • , .. , _ i " ' , ,: • ' , ~ • ' r ~ • • b • ~ •~ ... .. ~ •~. r~ _. ~ _~ ~, , .- ~ - ._ • ~ ~i • . • • ~ J r - ' • :~ • - L 9 - r ~ a s o _ , ~r ~ • 4 PREPARED BY AND RETURN TO: HARRY S. CLINE, Esquire Macfarlane, Ferguson & McMullen 625 Court Street, Suite 200 Post Office Box 1669 Clearwater, FL 33757 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the day of 2009, and entered into between WILLIAM M. SHEPHARD, Trustee U/A/D 2/29/84 ("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 as amended by City of Clearwater Ordinance No. 7925-08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, family resort community by further providing for a reserve of additional hotel units ["Hotel Density Reserve"] to be made available for such mid-sized hotel projects; and WHEREAS, the Developer controls approximately 2.689+ acres of real property ("Property") in the corporate limits of the City, consisting of 2.37± 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 mid-priced hotel will contain one hundred eighty-six (186) units, which includes sixty-eight (68) units from the available Hotel Density Reserve; and W1-IEREAS, 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 FLD2008-12033 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 family nature of the beach community and in furtherance of the objectives of 13euch by Design; and WI-IEREAS, 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 Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property has two (2) land use designations and zoning districts: Land Use: Resort Facilities High ["RFH"] and Preservation ["P"]; and Zoning: Tourist ["T'] and Open Space/Recreation ["OS/R"] Districts. 3.2. The Property is owned in fee simple by the Developer. 3.3 The Property is generally located at 619 S. Gulfview Boulevard, Clearwater, FL 33767 as more li~rther described in Exhibit "A". SECTION 4. Scope of Project. 4.1 The Property is 2.37 acres. Under current zoning it is authorized 50 units per acre, or 118 permitted units. The Developer is seeking 68 units from the Hotel Density Reserve, for an overall total of 186 overnight accommodations. The projected height of the building is 138 feet. 4.2 The Project shall include the following parking spaces, as defined in the Community Development Code: Existing Garage: 191 striped + 1 handicap + 28 overflow = 220 total Proposed Garage: 123 str~ed + 1 handicap + 40 overflow = 164 total Grand Total 314 striped + 2 handicap + 68 overflow = 384 total 4.3 The design of the Project, as represented in Exhibit "B", is consistent with Beach by Design, except as otherwise shown on Exhibit "B". 4.4 No more than twenty-five (25%) percent of overnight accommodation units shall have full kitchens. Kitchens shall be limited to those units identified on approved plans. 4.~ The Project shall comply with the Metropolitan Planning Organization's ["MPO"] countywide approach to the application of concurrency management for transportation purposes. 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 (l4) 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 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 FLD2008-]2033. 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 wort:, in accordance with applicable provisions of the Code and of the Florida 4 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, substa~itially 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. 6.1.1 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, 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 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 of 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 Reserve Pool• Covenant Re ag rdin~ Use of 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 additional sixty-eight (68) 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 units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2008-12033 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 City of Clearwater Ordinance 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 hereby 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 FLD2008-12033 and by this Agreement. 5 6.1.6 Transient Use. Occupancy in the overnight accommodation units 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 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 any approvals of the applications 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 The Project shall receive sixty-eight (68) 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. With respect to 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.q Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Al] 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. 7.6 Transportation concurrency requirements have been met. 6 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); 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 this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 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. ll.l 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: 1 l .1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11. ] .2 This Agreement is based on substantially inaccurate information provided by the Developer; or 1 l .1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compli~~nce with La~~~. The failure of this Agreement to address any particular permit.. condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. 7 SECTION 13. Notices. Notices and commwiications 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: William M. Shephard, Trustee 619 S. Gulfview Boulevard Clearwater, FL 33767 With Copy to: Harry S. Cline, Esq. Macfarlane Ferguson & McMullen Post Office Box 1669 Clearwater, FL 33757 With Copy to: Oscar I. Garcia, AIA 318 SE 8`~' Street Fort Lauderdale, FL 33316 tf to City: City of Clearwater, City Attorney A"1'TN: 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 third (3"~) 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. ] Prior to the Commencement Date, tl~e 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, assigmment or other disposition by the Developer to the assignee, shall be bound by the teens 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 8 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. ] 4.1.3 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 ol~ 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 ma~~ 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. S(?C770N l7. 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 9 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 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 an_y valid portion of the invalid term or provision and the application ol~ such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to tern~inate 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 Lew. 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 may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be 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. 10 IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: Print Name Print Name As to "Developer" WILLIAM M. SHEPHARD, Trustee U/A/D 2/29/84 CITY OF CLEARWATER, FLORIDA Print Name: Print Name As to "City" By: Attest: William B. Horne 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 .2009, by WILLIAM M. SHEPHARD, Trustee. known to me or has [ ]produced Notary Public Print Name: My Commission Expires: 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: me this day of He is [ ] personally as identification. 12 rXHIl31T "A" Legal Description of Project Site Lots 1 thru 5, Block "C", Bayside Subdivision #5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida, and begin at the northwesterly corner of Lot 1, Block "C", Bayside Subdivision #5, as recorded in Plat Book 38, Pages 38 and 39, of the Public Records of Pinellas County, Florida; thence N 54°25'30" W., 65.14 feet along the southerly line of Gulf Boulevard; thence S 12°40'00" W., and parallel to the westerly boundary of the said Lot 1, Block "C", Bayside Subdivision #5, a distance boundary of 286 feet to the waters of Clearwater Bay and thence easterly along the shore line of Clearwater Bay 67 feet more or less to the intersection of the shore line of Clearwater Bay and the westerly boundary line of said Lot 1, Block "C", Bayside Subdivision #5, thence N 12°40'00" E., along the westerly boundary of the said Lot 1, Block "C", Bayside Subdivision #5, 295 feet more or less to the Point of Beginning, Section 17, Township 29 South, Range 15 East, Pinellas County, Florida. 13 CXHIBIT "B" Site Plan, Elevations and Floor Plans 14 EXHIBIT "C" COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS TH1S DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of 2009, by WILLIAM M. SHEPHARD, Trustee U/A/D 2/29/84 ("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's 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 Bench 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-size 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 he 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. TIIEREFORE, 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: 15 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and s11a11 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 minimum of sixty-eight (68) 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 days or less. mist be licensed as a public lodging establishment and classified as a hotel, and must be operated by a singlelicensed operator of the hotel. No such 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. 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 EVdCLlatloll. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hw-ricane 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. "Chis Declaration shall become effective upon issuance of ,~ ~~ all building permits required to build the project (Project) and Developer s commencement of constn~ction 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. 16 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 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, of this Declaration or the application ol~ 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 , 2009. In the Presence of: Print Name Print Name As to "Developer" Print Name: Print Name As to "City" CITY OF CLEARWATER, FLORIDA By: William B. Horne, II, City Manager Attest: Cynthia E. Goudeau, City Clerk 17 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 2009, by WILLIAM M. SHEPHARD, Trustee. known to me or has [ ]produced Notary Public Print Name: My Commission Expires: 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. Notarv Public Print Name: My Commission Expires: day of He is [ ]personally as identification. 18 EXHIBIT "D" COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE Tl-IlS COVENANT OF UNI>?IED 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 1Iotel Units are operated and occupied as part of the Project as a 19 single uni lied project ~hrouohout 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 Fractional Share Units may be operated by a different, single management firm/operator. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this day of , 2009. In the Presence of: Print Name Print Name As to "Developer' Print Name: Print Name As to "City" CITY OF CLEARWATER, FLORIDA By: William B, Horne, 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 20 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2009, by WILLIAM M. SIIEPHARD, Trustee. He is [ ]personally known to me or has [ ]produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2009, by WILLIAM B. HORNS, 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: H:AFISC\SI IEPIIARD\DevclopmcntAgmt.11-1 I'09.doc 21